Regulatory Relief for Certain Stationary Sources To Promote American Mineral Security
This proclamation temporarily shields certain stationary sources from the new heavy emissions requirements imposed by the Copper Rule for a two-year period beyond the rule’s original compliance dates. It targets specific facilities identified in Annex I and relies on the assertion that the technology needed to meet the Copper Rule does not yet exist in a commercially viable form. By delaying these stringent emissions standards, the administration aims to preserve domestic copper smelting capacity, which it characterizes as essential to American mineral security and national defense, in line with Executive Order 14220 and broader national-security goals. During the exemption, facilities remain subject to their current emissions obligations, i.e., the standards that existed before the Copper Rule. In short, the proclamation prioritizes maintaining domestic copper smelting capability over rapid implementation of new, copper-rule-specific emissions controls, citing national security concerns and the lack of viable technology to meet the Copper Rule as justification.
Key Points
- 1Two-year exemption: The Copper Rule’s compliance deadlines for listed stationary sources are extended by two years from the original dates.
- 2Annex I scope: The exemption applies only to the specific stationary sources identified in Annex I of the proclamation.
- 3Pre-rule standards apply during exemption: While exempt from the Copper Rule, facilities must continue to meet the emissions and compliance obligations that existed before the Copper Rule.
- 4Rationale: The technology needed to implement the Copper Rule “is not available” in a commercially viable form, and preserving domestic smelting capacity is framed as a national security priority.
- 5Legal and policy basis: The proclamation cites authority under the Clean Air Act, specifically 42 U.S.C. 7412(i)(4), and connects the measure to Executive Order 14220 to strengthen American mineral security.