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The US EPA has finalized a rule to reduce chemical plant pollution

The final rule will reduce the number of people with increased cancer risk by 96% in communities near facilities emitting ethylene oxide and chloroprene, promoting President Biden's Cancer Moonshot Initiative.

The final rule will cut the number of people at risk of cancer by 96% in communities near plants that emit ethylene oxide and chloroprene, supporting President Biden’s Cancer Moonshot Initiative

The US Environmental Protection Agency has made a final rule to significantly decrease toxic air pollution from chemical plants, including ethylene oxide and chloroprene. This action will advance President Biden’s commitment to environmental justice by reducing over 6,200 tons of toxic air pollution each year, lowering the number of people at elevated cancer risk due to toxic air pollution in communities near covered plants. Once in place, the rule will reduce both EtO and chloroprene emissions from covered processes and equipment by nearly 80%. It also includes a requirement for these facilities to conduct fenceline monitoring for key toxic chemicals, and the EPA will make the data publicly available to better inform and protect nearby communities.

Today’s action is the latest in recent weeks to protect communities from EtO pollution, following a final rule to dramatically reduce EtO emissions from commercial sterilization facilities. Both rules move forward the Biden Cancer Moonshot, a commitment to ending cancer as we know it, while advancing environmental justice in communities overburdened by toxic chemicals.

Today’s final rule provides important health protections for communities that Administrator Michael Regan visited as part of his Journey to Justice tour.

President Biden believes every community in this country should have clean air to breathe. That’s why I took the Journey to Justice tour to communities like St. John the Baptist Parish, where residents have suffered from toxic air for too long,” said EPA Administrator Michael S. Regan. “We promised to listen to people suffering from pollution and take action to protect them. Today we fulfill that promise with strong final standards to reduce pollution, lower cancer risk, and ensure cleaner air for nearby communities.” 

By setting strong clean air standards and mandating companies to monitor pollution at the fenceline, the Biden-Harris Administration is protecting communities from toxic chemicals that can cause cancer and ensuring people know what is in their air. This important step moves forward President Biden’s commitment to environmental justice for overburdened communities and will help keep children safe from toxic chemical exposure,” said White House Council on Environmental Quality Chair Brenda Mallory.

This announcement is a significant step towards safeguarding public health and the environment. By slashing over 6,200 tons of toxic air pollutants annually and implementing fenceline monitoring, this addresses health risks in surrounding communities and promotes environmental justice in states like Louisiana. With a substantial reduction of nearly 80% in emissions from covered sources, this is a significant stride towards protecting current and future generations from the harmful effects of these carcinogenic chemicals and shows a path forward for communities and industry to coexist” Congressman Troy A. Carter, Sr. (LA-02) said that..

Today is a win for environmental justice, as the final rule is set to greatly decrease the harmful air pollution that affects communities in Texas’s Gulf Coast, Louisiana’s Cancer Alley, and across the U.S.” Patrice Simms, Vice President for Healthy Communities at Earthjustice, said that.. “Establishing protective air standards for over 200 chemical plants and mandating fenceline monitoring for some of the most harmful emissions shows a dedication to safeguarding public health. We anticipate the EPA’s prompt implementation and rigorous enforcement of this crucial rule.” 

Today’s action applies to specific equipment and processes at approximately 200 plants that produce synthetic organic chemicals and various polymers and resins, including neoprene. Once implemented, it will decrease both EtO and chloroprene emissions from covered processes and equipment by nearly 80%. Prolonged exposure to these two chemicals can elevate the risk of certain types of cancer, such as lymphoma, leukemia, breast cancer and liver cancer. EPA also expects the rule to provide better protection for children, who are more exposed and vulnerable to the effects of toxic chemicals including EtO and chloroprene.

The rule also reduces additional air toxics, such as benzene, 1,3-butadiene, ethylene dichloride and vinyl chloride. By decreasing emissions of these chemicals, the rule will lower the risks of developing cancer from inhaling toxic air pollutants. Additionally, the rule will reduce smog-forming volatile organic compounds by 23,700 tons a year.

The final rule will offer essential public health protections for burdened communities near covered plants. When EPA proposed the rule, it conducted a first-of-its-kind community risk assessment to supply the public with the best possible information about existing health risks from air toxics exposure and how the proposal would impact them. That assessment examined the air toxics-related risks from all large facilities in communities within about six miles of the plants – including facilities that would not be covered by the rule – to provide a more comprehensive picture of the air toxics-related risk in these communities. The assessment indicated that the rule would reduce the number of people who have heightened air toxics-related cancer risk by 96% in those communities – and the final rule achieves those reductions.

Most of the requirements in the final rule are the same as what EPA proposed. However, the agency made several changes to proposed requirements in response to public comments.

The final rule includes fenceline monitoring requirements for covered processes and equipment that produce, use, store, or emit EtO, chloroprene, benzene, 1,3-butadiene, ethylene dichloride or vinyl chloride, as proposed, but adjusts the compliance deadlines to implement these requirements. EPA had proposed to require monitoring to begin one year after the effective date of the rule. For fenceline monitoring at synthetic organic chemical manufacturing plants, the agency is setting a deadline of two years in response to comments that facilities and laboratories need additional preparation time to begin the monitoring programs. For neoprene production sources, EPA is setting a 90-day deadline for starting fenceline monitoring of chloroprene emissions.

Owners and operators must locate the source of the pollution and fix it if the yearly average air levels of the chemicals exceed a certain level at the fenceline. The specified levels differ depending on the chemical.

EPA will publicly release the fenceline monitoring data to ensure that communities have access to the results. WebFIRE The fenceline monitoring rules in the final regulation are based on similar requirements of the Clean Air Act for petroleum refineries, initially established in 2015, which have effectively reduced benzene emissions.

EPA is also striving to decrease EtO emissions from other sources, such as chemical plants producing polyether polyols, and is taking further steps to tackle EtO emissions and support EtO research.

  • Searching for additional EtO sources (e.g., standalone warehouses) and opportunities to control emissions.
  • Enforcing current regulations when appropriate.
  • Conducting research to gain a better understanding of EtO and to measure it accurately.
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