President Donald Trump issued a proclamation that granted facilities exemptions from pending changes to the EPA’s Hazardous Organic National Emission Standards for Hazardous Air Pollutants (HON NESHAP) which is a rule that would impose stricter regulations on certain chemical manufacturing facilities.
The final HON rule was published on May 16, 2024, but the president cites “substantial burdens” it imposes on chemical manufacturers already operating under stringent regulations.
“Many of the testing and monitoring requirements outlined in the HON Rule rely on technologies that are not practically available, not demonstrated at the necessary scale, or cannot be implemented safely or consistently under real-world conditions. For many facilities, the timeline for compliance as set forth at 89 FR 42953-42955 would require shutdowns or massive capital investments before any proven pathway to compliance exists. The HON Rule imposes requirements that assume uniform technological availability across facilities, despite significant variation in site conditions, permitting realities, and equipment configurations. A disruption of this capacity would weaken key supply chains, increase dependence on foreign producers, and impair our ability to respond effectively in a time of crisis. These consequences would ripple across sectors vital to America’s growing industrial strength and emergency readiness,” the proclamation says.
Facilities in Louisiana that were granted an exemption are: Shell Geismar, Dow Chemical Glycol Plant, Formosa Plastic, Unicon Carbide/Dow Chemical Company in Hanville, Westlake Vinyl/Westlake Corporation’s five plants, BASF Corporation, CITGO’s Lake Charles refinery, Total Energies Polystyrene Plant, Denka Performance Elastomer, Sasol Chemicals (USA) LLC and DuPont Specialty Products USA LLC.
Facilities in Texas that were granted an exemption are: Formosa Plastics Corporation, Union Carbide Corporation/The Dow Chemical Company in Seadrift, BASF Corporation’s Freeport Facility, CITGO’s Corpus Christi Refinery, INEOS Bayport EO Plant, Celanese Corporation’s Clear Lake, Bishop and Bay City Facilities, Huntsman Conroe Facility, TotalEnergies Port Arthur Refinery, Indorama Ventures Oxides Port Neches Facility, Eastman Chemical Company Longview Facility, Ascend Alvin Facility and Phillips 66’s Sweeny and Borger Refineries.
The rule aims to reduce toxic air pollutants from covered equipment and processes used in synthetic chemical and polymer manufacturing. These updates directly affect facilities located in Louisiana, Texas, Delaware, New Jersey and the Ohio River Valley. The rule also targets smog-forming volatile organic compounds (VOCs) and imposes new emission limits for dioxins and furans. Inefficient flare systems will be required to meet updated performance standards under the revision. The ruling eliminates long-standing exemptions for startup, shutdown, and malfunction periods, addressing gaps previously found to violate the Clean Air Act. Facilities will now be required to implement fenceline monitoring if their operations involve any of six high-risk chemicals.
