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Section 112(i)(4) of the Clean Air Act allows the President to exempt stationary sources of air pollution from compliance with any section 112 standard for up to two years if the necessary technology is unavailable and it is in the national security interests. The exemption can be extended for up to two more years if needed.

The EPA flagged sources in nine industry categories that might apply for such an exemption due to ongoing reconsideration of their respective NESHAPs and concerns with national security.  The application deadline is Monday, March 31, 2025, so sources must act quickly. The application must explain why the technology to implement the standard is not available and why an extension is in the national security interests of the United States.

The affected NESHAP categories are:

• "National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review” (89 FR  38508; May 7, 2024) (MATS Rule)
• “New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins” (89 FR 42932; May 16, 2024) (HON rule);
• “National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review” (89 FR 24090; April 5, 2024) (Sterilizer Rule);
• “National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing” (89 FR 94886; November 29, 2024) (Rubber Tire Rule);
• “National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review” (89 FR 41648; May 13, 2024) (Copper Rule);
• “National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review” (89 FR 23294; April 3, 2024) (Iron and Steel Rule);
• “National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review” (89 FR 57738; July 16, 2024) (Lime Rule);
• “National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Residual Risk and Technology Review, and Periodic Technology Review” (89 FR 55684; July 5, 2024) (Coke Ovens Rule); and 
• “National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing” (89 FR 16408; March 6, 2024) (Taconite Rule).

Please contact your Michael Best attorney to discuss how this potentially important opportunity may impact your facilities.