Senate EPW Committee leaders push for withdrawal of ‘once-in-always-in’ policy for MACT air quality standards

Republican leaders of the Senate Environment and Public Works (EPW) Committee called on the EPA Tuesday to withdraw its “once-in-always-in” policy for Maximum Achievable Control Technology (MACT) standards.

Established under the 1990 amendments to the Clean Air Act, MACT standards to reduce hazardous air pollutants (HAPs). Under current law, when a plant, factory or other facility becomes subject to MACT standards, it must always have to comply with them.

In a letter to EPA Administrator Scott Pruitt, U.S. Sens. John Barrasso (R-WY), chairman of the Senate EPW Committee, and Shelley Moore Capito (R-WV), chairwoman of the Subcommittee on Clean Air and Nuclear Safety, called for the withdrawal of the “once-in-always-in” policy.

“The 1995 policy requires a source to comply with stringent emissions standards, even if the source later lowers its emissions below the ‘major source’ thresholds that triggered the standards in the first place,” the letter stated.

The senators cited a Nov. 15 hearing in which representatives of the National Association of Manufacturers and the American Coatings Association (ACA) testified about the policy’s impact. One ACA representative testified that “resources spent on compliance could be used instead for (research and development), or modernization activities.”

“EPA can rescind this policy, which was issued under Section 112 of the Clean Air Act, without any legislative changes,” the letter stated. “As the chairmen of the committee and subcommittee of jurisdiction over the Clean Air Act, we request that (Pruitt) incentivize additional hazardous air pollutant emissions reductions by promptly withdrawing this policy.”