EPA repeals “once in always in” policy for Major Sources under Clean Air Act

“Once in always in” Policy as laid down under the section 112 of the Clean Air Act has been revoked by the U.S Environmental Protection Agency for the classification of major sources of catastrophic air pollutants by issuing a guidance that sources of hazardous air pollutants previously classified as “major sources” to be reclassified and stated as “area source”.

Bill Wehrum, assistant administrator of EPA’s Office of Air and Radiation said “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. 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 emits, or has the potential to emit, 10 tons per year of any hazardous air pollutant, or 25 tons per year or more of any combination of hazardous air pollutants.  Sources with emissions below this threshold are classified as “area sources.” Different control standards apply to the source depending on whether or not it is classified as a “major source” or an “area source.”

In the wake of further lessening the regulatory burdens that deterred innovative efforts to  improve the environment. The “once in always in” policy has been a longstanding disincentive for sources to implement voluntary pollution abatement and prevention efforts, or to pursue technological innovations that would reduce hazardous air pollution emissions. States, state organizations and industries have frequently requested rescission of this policy, which was one of the most commonly cited requests in response to President Trump’s Executive Order 13777.

1995 memo stated that the policy denoted any facility subject to major source standards and would always remain subject to those standards even if production processes changed or curbs were executed debilitating the potential to emit toxic air pollutants.