Clean Air Act regulations for pyrolysis plants are under attack by Lee Zeldin and the petrochemical industry.
In mid-March, the U.S. EPA announced a proposal to change permitting requirements for incinerators during natural disasters. The majority of the proposal is focused on Air Curtain Incinerators, devices that burn supposedly “clean” wood waste and are often used for disaster cleanup and wildfire mitigation. However, buried on the 11th page of the public notice, and deep in the dense text of the proposal, the U.S. EPA snuck in a proposal to remove pyrolysis plants from the definition of Other Solid Waste Incinerators in Section 129 of the Clean Air Act.
Plastic pyrolysis is a process that uses high temperatures and low-to-no oxygen conditions to thermally degrade plastic waste into oil. This oil (often called “pyoil”) can then be refined into fuel or processed to create chemicals or plastics. Pyrolysis plants rely on combustion technologies and produce hazardous air pollutants. Functionally, these plants are incinerators, and the U.S. EPA must regulate them as such.
Section 129 is the only section of the Clean Air Act that covers pyrolysis facilities. If this rule goes through, it will effectively remove all Clean Air Act regulations for plastic pyrolysis facilities. Companies would be able to break down plastic waste without any federal pollution controls, monitoring, oversight, or reporting requirements.
According to the U.S. EPA’s own analysis, removing pyrolysis from OSWI standards would create a serious regulatory gap and harm public health and the environment.
This is particularly concerning if you take into account the types of pollutants that pyrolysis plants are releasing into the air. Pyrolysis facilities emit significant amounts of hazardous air pollutants linked to cancer, reproductive harms, and other serious health risks.
According to Oil and Gas Watch, there are 7 operating or partially operating pyrolysis plants in the United States. Two of them—Alterra Energy and Freepoint Eco-Systems—are located in Ohio. The cancer prevalence within 3 miles of both Ohio pyrolysis plants is higher than the national average. Further deregulation of pyrolysis will disproportionately impact already vulnerable Ohioans, such as young children and low-income Black communities.
Pyrolysis plants struggle to meet existing regulations. Freepoint Eco-Systems has been in a frequent state of malfunction since the facility began operating, and has since amassed an alarming number of violation letters from the Ohio EPA. A recent public records request by Buckeye Environmental Network revealed that Freepoint Eco-Systems was violating at least one air permit condition every single day of the year in 2025.
We need stronger regulations around pyrolysis, not more loopholes for polluters. Marginalized Ohio communities cannot afford to lose Clean Air Act regulations for these toxic facilities.
How You Can Speak Up:
We’re approaching the end of the public comments period. Right now, it’s critical that the U.S. EPA hears from the real people who will be impacted by this rule change, not just chemical lobbyists. You can still make a difference by submitting a public comment to the U.S. EPA!
Tell the EPA you oppose this rule change by May 4, 2026, at 11:59 PM. To get started, visit www.regulations.gov and search docket # EPA-HQ-OAR-2025-0068-0001. On this page, you’ll find instructions for submitting public comments via their virtual portal and/or via email. Make sure to include the docket ID number (EPA-HQ-OAR-2025-0068-0001) in the subject line of your submission to ensure your comment will be taken into consideration!
You can also join the fight to preserve Clean Air Act protections for communities living near pyrolysis plants by signing on to this letter by the People Over Petro Coalition.