Trump exempts 180+ facilities from Clean Air Act air-toxics rules via an EPA email inbox
Across 2025, President Trump signed seven proclamations invoking Clean Air Act Section 112(i)(4) — a provision unused in the statute's 55-year history — to grant more than 180 industrial facilities in 38 states and Puerto Rico a two-year exemption from federal hazardous-air-pollutant standards. A May 2026 ProPublica investigation found that facilities qualified by emailing an EPA-run inbox, with no rigorous application and no meaningful role for the agency's air-quality experts. The statute permits such exemptions only where compliance technology is "not available" and the exemption is "in the national security interests of the United States."
Actors
Beginning in March 2025, the Trump administration invited coal-fired power plants, chemical manufacturers, sterilization facilities, and other industrial sources to seek relief from federal hazardous-air-pollutant rules by emailing an inbox the Environmental Protection Agency set up for the purpose. Submissions were due by March 31, 2025. Over the course of the year, the President signed seven proclamations under Section 112(i)(4) of the Clean Air Act granting more than 180 facilities in 38 states and Puerto Rico a two-year exemption from the latest air-toxics standards. A May 2026 ProPublica investigation, drawing on thousands of pages of emails, reported that facilities qualified without any rigorous application process and that the EPA's air-quality experts played no meaningful role in the determinations, which were funneled to the White House.
Section 112(i)(4) is a narrowly drawn provision: Congress conditioned its use on a finding that the technology to meet a standard is "not available" and that an exemption is "in the national security interests of the United States," and no president had invoked it in the law's 55-year history. Granting blanket two-year reprieves to scores of facilities through an email inbox treats those statutory preconditions as a formality rather than a binding limit, and stretches the exemption authority past the bounds Congress set. About 250,000 people live within a mile of the exempted facilities, a majority of which are coal-fired power plants and medical sterilizers; ProPublica reported that more than 70 of them had faced formal EPA enforcement action in the prior five years.
The program has drawn litigation from Earthjustice, the Natural Resources Defense Council, and the Texas Environmental Justice Advocacy Services, as well as a Senate bill from Sheldon Whitehouse and Adam Schiff seeking to rescind the exemptions. The seven proclamations were issued at different points in 2025; this entry's date is anchored to the widely cited July 17, 2025 batch covering sterilizers and coal plants. While critics including U.S. senators have described the program as "corrupt," the available reporting documents a circumvention of statutory process rather than evidence of personal enrichment or pay-to-play, so no self-dealing abuse is mapped.
Updates
2026-07-09 — New proclamation exempted more chemical facilities [8, 9]
On July 9, 2026, President Trump issued Proclamation 11041, invoking the same Clean Air Act Section 112(i)(4) authority to extend relief to a new tranche of chemical-manufacturing facilities subject to the EPA's 2024 HON Rule emissions standards, granting a two-year extension of compliance deadlines. The White House said the exemption covers facilities producing materials for semiconductors, medical-device sterilization, and national-defense supply chains; neither the Federal Register notice nor the White House's July 13, 2026 fact sheet specified an exact facility count.
Why we recorded this
Congress writes environmental law; the executive's job is to carry it out. The Clean Air Act allows presidential exemptions only in narrow national- security circumstances — a provision never once used in the statute's 55-year history. Reviving it to wave more than 180 facilities past hazardous-pollution limits through an email inbox replaces the law Congress wrote with the executive's preference, and the people living near those facilities lose protections without any vote being taken.
Sources
- Trump Let Polluters Sidestep Clean Air Act Rules With Just an Email — ProPublica primary accessed May 28, 2026
- Clean Air Act Section 112 Presidential Exemption Information — U.S. Environmental Protection Agency primary accessed May 28, 2026
- A Free Pass to Polluters: Presidential Exemptions Using the Clean Air Act — Natural Resources Defense Council secondary
- Trump Halts Clean Air Laws For Most of the Country — Earthjustice secondary
- Whitehouse, Schiff Introduce Bill to End Trump's Corrupt Exemptions for Toxic Chemical Polluters — U.S. Senate Committee on Environment and Public Works secondary
- Trump exempted some of the nation's biggest polluters from air quality rules. All it took was an email. — The Lens secondary
- A free pass to pollute: what to know about presidential exemptions — Southern Environmental Law Center secondary
- Regulatory Relief for Certain Stationary Sources To Promote American Chemical Manufacturing Security — Federal Register primary accessed July 17, 2026
- Fact Sheet: President Donald J. Trump Grants Further Regulatory Relief from Burdensome EPA Restrictions to Promote American Security — The White House primary accessed July 17, 2026
See also
- EPA used litigation to circumvent Clean Air Act rulemaking, seeking to vacate Biden PM2.5 soot standard
- Trump ordered NCES to collect race-disaggregated admissions data from colleges, bypassing required APA notice-and-comment
- Trump directed the Education Department to collect college race-admissions data in 120 days, bypassing notice-and-comment rulemaking
- Trump fired Federal Reserve Governor Lisa Cook, citing FHFA director's pretextual mortgage fraud allegation
- DOJ filed emergency SCOTUS petition to remove Federal Reserve Governor Lisa Cook, challenging independent-agency firing protections
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