Groups Challenge Epa’s Refinery Rule

Environmental groups are challenging a new EPA regulation that aims to limit air pollution from petroleum refineries. They charge that it includes illegal exemptions that will expose nearby communities to cancer-causing pollution. In September 2015, EPA issued a final rule that for the first time requires refineries to continually monitor benzene concentrations at the fence line to ensure that they “appropriately manage” toxic emissions. But in a petition to EPA Administrator Gina McCarthy, the 11 organizations say the agency modified the rule at the last minute to allow the facilities to emit unlimited amounts of pollution when a plant malfunctions because of a power outage or equipment failure. “We call on EPA to recognize the need to reconsider and remove these harmful exemptions, which were put in place without notice and comment,” says Earthjustice, a law firm representing the 11 groups. They also filed a lawsuit that alleges the late EPA rule modifications amount to unlawful violations of the Clean Air Act.