April 30, 2025
ELPC Fights to Preserve Federal Air Protections
“No Get Out of Jail Free Card for Polluters”
This spring, the Trump administration has taken a new approach to gutting environmental protections under the Clean Air Act. They are offering emergency exemptions to bypass critical air regulations that protect millions of Midwesterners from air pollution from coal plants, steel mills, and other heavy industries. ELPC is stepping up with our colleagues to call out the Trump EPA’s unlawful actions as we work to protect critical environmental laws.
As Howard Learner was quoted in this Inside Climate News story, “The Trump administration has created an illegal special exemption by which polluters can go to the president and request a ‘get out of jail free’ card when it comes to the Clean Air Act. That’s legally irresponsible; it’s bad policy, and it will really harm people as a result of more pollution.”
Loophole for Polluters
EDF & EIP map of facilities eligible to apply for exemptions. (Click to see more)
US EPA Administrator Zeldin created an email portal allowing industrial sources to request an exemption from the latest hazardous emissions standards under Section 112 of the Clean Air Act. ELPC partnered with Environmental Defense Fund and other groups to shine a light on the vast number of industrial polluters that could apply. EDF’s analysis of facilities (500+ facilities across 45 states) highlights a number of Midwestern facilities, including steel mills and coal plants.
In an interview with Indiana Public Broadcasting, ELPC Managing Attorney Rob Michaels said, “This is the first time that there’s been some mass invitation to submit requests to an email box saying, hey, we want to be exempted from” rules protecting people from toxic air pollution.
Steel Mills
Cleveland Cliffs Burns Harbor Steel Mill
ELPC partnered with local organizations in Northwest Indiana to demand answers from two steel mill operators. The public deserves to know if they filed for exemptions from the latest rules to control pollution from iron and steelmaking. Signatories included Gary Advocates for Responsible Development, Just Transition Northwest Indiana, Hoosier Environmental Council, and the Conservation Law Center.
ELPC Executive Director Howard Learner said in a press release: “The Environmental Law & Policy Center is specifically calling for accountability from US Steel and Cleveland-Cliffs with their three steel mills on the Lake Michigan shoreline to come clean and say publicly if they have sought or plan to seek exemptions.”
Coal Plants
Illinois Powerton Generating Station
The Trump administration also invited coal plants to apply for exemptions from the latest Mercury and Air Toxics Standards (MATS) which former EPA air administrator and former ELPC Senior Fellow Janet McCabe described as “one of the great success stories of air pollution reduction and public health protection” in American history.
Mercury is a dangerous neurotoxin that can cause lasting brain damage in infants in addition to destructive health impacts for people of all ages. It poses a unique threat in the Midwest, where many coal-fired power plants remain. Since MATS was implemented in 2011, mercury emissions from US coal plants have gone down 85%, and some Great Lakes states have even seen reductions of up to 90%.
A group of coal plants — including Illinois coal plants Baldwin, Kincaid, Newton, and Powerton – accepted the Trump administration’s invitation and sought exemptions from the latest MATS, which were immediately granted. ELPC is looking into the impacts of this announcement and considering potential responses.
Conclusion
Just this week, the American Lung Association released its annual State of the Air report, which found that nearly half of all Americans suffer from unhealthy air, and five of the nine worst states are in the Midwest. Now is not the time to roll back air quality protections or give polluters a blank check. ELPC will keep working to protect our air and everyone who breathes it.