EPA withdraws ‘once-in-always-in’ policy for MACT standards

The Environmental Protection Agency (EPA) recently withdrew a policy that said that once a facility becomes subject to Maximum Achievable Control Technology (MACT) standards under the Clean Air Act, it remains subject to the standards, even if it lowers its emissions levels below what triggered the placement of the standards initially.

U.S. Sens. John Barrasso (R-WY), chairman of the Senate Committee on Environment and Public Works (EPW), and Shelley Moore Capito (R-WV), chairman of the EPW Subcommittee on Clean Air and Nuclear Safety, recently sent a letter to EPA Administrator Pruitt asking him to withdraw the so-called “once-in-always-in” policy.

“The EPA’s decision today is consistent with President Trump’s agenda to keep America’s air clean and our economy growing,” Barrasso said in a statement. “Withdrawal of this policy means manufacturers, oil and gas operations, and other types of industrial facilities will have greater incentive to reduce emissions. Now these companies can help protect the environment without wasting time and money on unnecessary red tape.”

The EPW Committee held a hearing in November 2017 titled “Promoting American Leadership in Reducing Air Emissions through Innovation” that included discussions on the once-in-always-in policy.

“Maintaining the outdated and misguided ‘once-in-always-in’ policy just doesn’t make sense. Rather than reward facilities for doing the right thing and working to decrease emissions, it makes it harder for them to innovate and improve operations,” Capito said. “By deciding to withdraw this counterproductive policy, Administrator Pruitt is once again proving that the Trump administration is committed to rolling back harmful regulations that do nothing but hold back companies and industries that are critical to our economy and already working to improve environmental quality.”