Environmental Groups Join EPA in Defending Closure of Polluter Loopholes

Washington, D.C. – Environmental and community groups are seeking to join EPA in a lawsuit defending the agency’s action to eliminate unlawful air pollution loopholes from state air operating permitting programs against a challenge from industrial polluters. 

In July, EPA removed the emergency affirmative defense provisions from operating permit regulations under Title V of the Clean Air Act. EPA’s action closes a loophole that allowed fossil fuel power plants and industrial facilities to release unlimited amounts of dangerous air pollution during claimed emergency and other startup, shutdown, and malfunction (SSM) events with impunity. Industry groups have challenged this move in the D.C. Circuit Court. 

Today, California Communities Against Toxics, Environmental Integrity Project, Ironbound Community Corporation, Natural Resources Defense Council, and Sierra Club filed a motion to intervene in the lawsuit against industrial polluters. Earthjustice represents California Communities Against Toxics, Ironbound Community Corporation, and Sierra Club.

During SSM events, industrial polluters sometimes release more harmful air pollution during a single pollution spike than they’re legally allowed in an entire year, and often without consequences. As long as these loopholes exist, fenceline and downwind communities can be exposed, often unknowingly, to limitless amounts of soot and toxic chemicals including ethylene oxide, hydrogen cyanide, hydrofluoric acid, sulfuric acid, and other carcinogens and neurotoxicants. 

“This summer, fenceline communities across the country achieved a crucial victory in their fight against unlawful SSM loopholes when EPA finally closed a loophole that industries exploited to pollute with nearly no limits or consequences,” said Sierra Club Senior Attorney Joshua Smith. “But big polluters' determination to put profits over people means the struggle for clean air continues, and we’re pleased to join EPA to ensure that the progress we've made protecting communities remains intact.”

“Loopholes from air emission standards are illegal,” said Earthjustice Attorney Deena Tumeh. “For too long, facilities have been able to get away with releasing enormous amounts of severely harmful air pollutants, like benzene, without consequence. We urge quick action to finally close these loopholes. Communities can’t wait any longer for clean air.”

"For decades, the Ironbound community of Newark has been fighting to defend ourselves, not only from the historical citing of toxic facilities in our neighborhood but also from the dirty practice of using the SSM affirmative defense provisions to excuse permit violations by these very facilities,” said Maria Lopez-Nuñez Deputy Director, Organizing and Advocacy at the Ironbound Community Corp. “The recent EPA initiatives to eliminate hazardous air pollution loopholes carry immense significance for communities on the frontlines, like ours. We support the EPA's actions and duty to strengthen environmental policies, close regulatory gaps, and ensure clean air for all, particularly for the frontline communities that bear the burden and harm of coexisting with toxic industries under inadequate policy protections." 

About Ironbound Community Corp.

Founded in 1969, Ironbound Community Corporation (ICC) aims to empower and engage individuals, families, and groups in realizing their aspirations and work together to create a just, vibrant, and sustainable community. ICC envisions a safe, healthy, just, and nurturing Ironbound, a fully inclusive community supporting equal and accessible opportunities and the quest for a better life. The organization's Ironbound Environmental Justice Project advocates for systemic change to promote environmental justice in New Jersey and beyond, especially for frontline communities.