Washington, D.C. — The U.S. Environmental Protection Agency (EPA) today reversed course on its plans to delay new regulations for hazardous air pollution from steel industry coke oven plants, after the Environmental Integrity Project and Earthjustice filed a lawsuit on behalf of a coalition of clean air and community public health advocates.
“It is good news that that the Trump EPA is abandoning its unlawful attempt to delay the compliance deadlines for recently updated air pollution control rules for steel industry coke ovens,” said Haley Lewis, attorney for the Environmental Integrity Project. “Communities living near these facilities waited many years for these rules to be finalized by EPA in 2024 and putting them into action now is vital for reducing hazardous air pollution and protecting people living near these plants.”
In western Pennsylvania, northwest Indiana, Ohio, Alabama and other states, coke ovens – which burn coal to produce a hard deposit that facilities use to make steel – emit lead, mercury, benzene, and other hazardous, cancer-causing air pollutants. In 2024, EPA finalized updates to the emissions standards for these toxic facilities after years of delay, which required monitoring for benzene in nearby communities and set caps on previously unregulated emissions. But in July of this year, in a move that catered to corporate profit, Trump’s EPA issued an interim final rule, delaying compliance until July 2027.
The lawsuit challenged EPA’s interim final rule, as it deprived nearby residents and communities of protection against toxic air pollution. Rather than defend the interim final rule in litigation, EPA reversed course. In a brief filed with the D.C. Circuit today, EPA now affirms its prior finding that coke ovens are fully capable of complying with the 2024 rule, thereby acknowledging that the delay of compliance dates was never needed.
“We’re glad that EPA recognizes the harm coke oven plants cause to communities and that it is more than reasonable for these facilities to meet emissions standards now. The health and wellbeing of impacted communities should not come at the cost of giving corporate polluters a pass,” said Adrienne Lee, senior Earthjustice attorney. “We hope to see the same logic and law applied to air standards at steel mills, many of which are located in the same communities as coke ovens.”
“We welcome EPA’s withdrawal of its proposal to weaken the Biden-era coke oven rule,” said Jilisa Milton, executive director of Greater Birmingham Alliance to Stop Pollution. “For our communities living near Bluestone Coke and ABC Coke, keeping stronger protections in place is another important step toward safeguarding public health after years of experiencing the effects of toxic pollution.”
“We fought for years to get these national regulations passed so that our communities would be better protected from the toxic pollutants that spew from coke oven facilities,” said Abby Jones, vice president of legal and policy at PennFuture. “While we fought against the Trump Administration’s efforts to delay their implementation, we are pleased that EPA has reconsidered its actions in light of the massive public response opposing the delay and the fact that the companies can comply within the original deadline. Allowing the 2024 coke oven regulations to take effect as originally planned will save countless lives and will provide much needed protection for frontline communities in Pennsylvania.”
“For communities hosting these coke ovens, today sees the withdrawal of a misguided attempt to excuse these terrible polluting facilities from the duty to reduce their cancer-causing emissions,” said Jane Williams, chair of the Sierra Club National Clean Air Team. “These coke ovens emit benzene, polycyclic aromatic hydrocarbons (PAHs) and many other toxic air pollutants; it is long past time that they took every effort to reduce these emissions.”
“Our communities, which have endured generations of environmental racism and injustice, cannot afford any more reckless and unnecessary delays to compliance for coke ovens,” said Ashley Williams, executive director of Just Transition Northwest Indiana (JTNWI). “We are tired of defending our fundamental right to breathe and live a healthy life in northwest Indiana. JTNWI is relieved that EPA heard our rally cry and withdrew this dangerous proposal.”
“As a win for the legitimacy of the public participation process, this represents a significant victory,” said Lawrence Hafetz, Clean Air Council Legal Director. “Though industry may continue to seek presidential exemptions to ensure continued profits at our expense, it’s critical we hold the EPA’s feet to the fire and ensure they enforce their own rules and regulations.”
For a copy of EPA’s decision, click here.
For EPA’s web page on the issue, click here.
Media Contact:
Ari Phillips, aphillips@environmentalintegrity.org, (202) 263-4456
