EPA Rescinds "Once In Always In" Policy

In a landmark decision, the US Environmental Protection Agency has announced that it is withdrawing the “once-in always-in” policy under the Clean Air Act, which dictated how major sources of hazardous air pollutants are regulated. Under the EPA’s new interpretation major sources can be reclassified as area sources when their emissions fall below mandated limits, subjecting them to differing standards. In comments to the US EPA as part of the Trump Administration's Regulatory Reform efforts, SGIA cited this policy as one that creates overregulation and recommended that the policy be reversed. In April of 2017, Marci Kinter, Vice President - Government & Business Information further highlighted this an issue for reform during her public testimony before the Agency. Though formal notice of the reversal has not yet been filed, EPA said the policy it has followed since 1995 relied on an incorrect interpretation of the landmark anti-pollution law. “This guidance is based on a plain language reading of the statute that is in line with EPA’s guidance for other provisions of the Clean Air Act,” said Bill Wehrum, assistant administrator of EPA’s Office of Air and Radiation. “It will reduce regulatory burden for industries and the states, while continuing to ensure stringent and effective controls on hazardous air pollutants.” The Clean Air Act defines a “major source” as a one that has the potential to emit 10 tons or more per year of any hazardous air pollutant, or 25 tons per year of any combination of hazardous air pollutants. For more than 20 years, EPA’s “once-in always-in” required major sources to remain subject to stricter control standards, even if they took steps to reduce their pollution below the threshold. SGIA will continue to monitor these important policy issues. Sign up to receive the most up-to-date regulatory and legislative information about specialty imaging.