The Trump administration's Environmental Protection Agency (EPA) is facing a potential setback in its efforts to protect public health. The EPA's ability to use new scientific findings to strengthen air pollution rules is now under scrutiny, with the agency reconsidering its legal authority to update these regulations. This move has sparked concerns among environmentalists and experts, who argue that it could significantly limit the EPA's capacity to address nearly 200 pollutants from thousands of industrial plants.
The controversy stems from a legal interpretation by chemical companies and their trade organizations. They claim that once the EPA revises hazardous air pollution rules, it cannot reevaluate them based on newly discovered harms. This interpretation challenges the EPA's long-standing practice of revising rules based on the latest scientific knowledge.
If the EPA agrees to this interpretation, it could have far-reaching consequences. Environmentalists warn that it would hinder the agency's ability to respond to new scientific evidence, such as the discovery that ethylene oxide is 30 times more carcinogenic than previously thought. This chemical, once considered unremarkable, now poses a significant health risk, and the EPA had already taken steps to protect millions of people exposed to it.
The EPA's reconsideration of its legal authority is based on the Clean Air Act, which regulates hazardous air pollutants for various industrial operations. The agency must conduct assessments every eight years to determine if updates are necessary, considering emissions, chemical toxicity, and their impact on public health. If risks exceed legal limits, the EPA must tighten rules.
However, the Clean Air Act doesn't explicitly require or prohibit additional risk reviews after the initial assessment. The EPA under President George W. Bush previously asserted its right to revisit rules based on risk. In 2021, the EPA's Office of Inspector General supported this, advising the agency to conduct new risk reviews when new data indicates higher toxicity.
Despite these findings, the Trump EPA's reconsideration could limit its ability to act. If the agency agrees to the chemical industry's interpretation, it might still have a separate avenue to strengthen rules using the Clean Air Act, focusing on affordable and available pollution-control technology. However, this would be a significant blow to the EPA's authority over toxic pollutants.
Environmental groups are prepared to sue if the EPA concludes it lacks the legal authority to revise rules based on risk. They argue that the industry's comments are absurd, as scientific knowledge evolves, and new evidence of industrial pollution is constantly emerging. For instance, recent studies have revealed higher ethylene oxide concentrations in industrial areas, posing unacceptable cancer risks to residents.
