U.S. EPA Releases Final Chemical Plant Emissions Rules

On April 9, 2024, the U.S. Environmental Protection Agency ("EPA") released several final rules¹ that regulate emissions and require new air monitoring from roughly 220 chemical plants across the country that make synthetic organic chemicals and a variety of polymer and resins. The rules focus heavily on ethylene oxide and chloroprene emissions. The rules will be effective 60 days after publication in the Federal Register. However, several companies and industry groups are expected to challenge the rules in federal court.

What's in the final rules?

In the rules, EPA finalized amendments to the National Emissions Standards for Hazardous Air Pollutants ("NESHAP") that apply to the synthetic organic chemical manufacturing industry ("SOCMI") and to equipment leaks from certain non-SOCMI processes located at chemical plants. These NESHAP, which are commonly referred to as the Hazardous Organic NESHAP ("HON"), contain maximum achievable control technology ("MACT")