After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead.

On June 20, 2025, President Trump signed a Congressional Review Act (CRA) resolution that rejects a September 2024 rule adopted by the Biden EPA that had revived a

In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding.  And now it’s back in play, through regulatory revisions proposed by EPA in late September.  

EPA’s proposal would prohibit a source from reducing its potential emissions of HAP