EPA Finalizes Rescission Of 'Once In Always In' Polluter Policy

Law360 (October 1, 2020, 7:25 PM EDT) -- The U.S. Environmental Protection Agency on Thursday finalized its rescission of a 1995 policy that prohibited facilities like petroleum refineries and chemical plants that were considered to be a "major" polluter under the Clean Air Act from ever being recategorized as a less prolific polluter.

The new rule codifies a memo that was issued in 2018 by former EPA Office of Air and Radiation chief William Wehrum that rescinded an earlier "once in, always in" policy, which said that facilities that qualified as major sources had to remain classified as such regardless of whether their emissions output changed. Under the new...

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