Regulatory Relief for Certain Stationary Sources to Promote American Mineral Security
This Presidential Proclamation, issued by President Donald J. Trump, grants a two-year exemption from the compliance deadlines of a new Environmental Protection Agency rule, known as the Copper Rule, for certain primary copper smelters.
The action is justified by asserting that copper is a critical material for national security and that the new emissions standards impose severe burdens because the required emissions-control technology is either not commercially viable or cost-effective. By extending the deadlines, the Proclamation aims to preserve the Nation's limited domestic smelting capacity and reduce reliance on foreign supply chains during this two-year period.
Arguments For
The action protects the limited existing domestic copper smelting capacity, which is deemed critical for national security, energy, and defense supply chains.
Granting a 2-year exemption acknowledges the lack of currently commercially demonstrated or cost-effective emissions control technologies required by the EPA's Copper Rule, preventing immediate industrial shutdowns.
The exemption supports mineral independence by preventing increased reliance on foreign sources for processed copper, which could occur if domestic smelters close due to unmanageable regulatory burdens.
The authority is legally grounded in section 112(i)(4) of the Clean Air Act, allowing the President to address national security threats when compliance technology is unavailable.
Arguments Against
The action suspends or delays environmental protections for hazardous air pollutants (HAPs) impacting public health near the affected smelters for two years.
Critics might argue that the exemption undermines the Environmental Protection Agency's authority and the intent of the Clean Air Act to enforce strict emission standards.
Relying on a presidential exemption bypasses established administrative processes for regulatory review and adjustment, setting a precedent for regulatory avoidance based on economic claims.
Delaying the adoption of advanced pollution controls may allow domestic industries to lag in technological advancement regarding emissions reduction.
Presidential Actions
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
1. Copper is essential to America’s energy, defense, and manufacturing sectors. From the electric grid to semiconductors, copper plays a critical role in supporting our modern economy. Maintaining and increasing domestic copper smelting capacity is vital to reducing reliance on foreign supply chains and ensuring American mineral security. Executive Order 14220 of February 25, 2025 (Addressing the Threat to National Security From Imports of Copper),recognized copper as a “critical material essential to the national security, economic strength, and industrial resilience of the United States,” and directed action to address the national security threat posed by excessive reliance on foreign sources by strengthening domestic capacity across the copper supply chain.
2. On May 13, 2024, the Environmental Protection Agency published a final rule, pursuant to section 112 of the Clean Air Act, 42 U.S.C. 7412, titled National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review,89 FR 41648 (Copper Rule). The Copper Rule imposes new emissions-control requirements on primary copper smelters.
3. The Copper Rule imposes severe burdens on the few remaining domestic copper smelters by requiring compliance with new national emissions standards. These standards are premised on the use of emissions-control technologies that do not exist in a commercially demonstrated or cost-effective form. The Copper Rule sets a uniform compliance timeline at 89 FR 41657 that does not account for the unique operational and technical constraints of this legacy industrial sector. In 2024, only two primary copper smelters remained in operation across the country. Imposing these requirements on such a limited and already strained domestic industry risks accelerating further closures, weakening the Nation’s industrial base, undermining mineral independence, and increasing reliance on foreign-controlled processing capacity. Preserving all domestic smelting capability is essential to ensuring access to critical minerals in times of crisis.
4. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 112(i)(4) of the Clean Air Act, 42 U.S.C. 7412(i)(4), do hereby proclaim that certain stationary sources subject to the Copper Rule, as identified in Annex I of this proclamation, are exempt from compliance with the Copper Rule for a period of 2 years beyond the Copper Rule’s relevant compliance dates (Exemption). This Exemption applies to all compliance deadlines established under the Copper Rule applicable to the stationary sources listed in Annex I, with each such deadline extended by 2 years from the date originally required for such deadline. The effect of this Exemption is that, during each such 2-year period, these stationary sources will be subject to the emissions and compliance obligations that they are currently subject to under the applicable standard as that standard existed prior to the Copper Rule. In support of this Exemption, I hereby make the following determinations:
a. The technology to implement the Copper Rule is not available. Such technology does not exist in a commercially viable form sufficient to allow implementation of and compliance with the Copper Rule by the compliance dates in the Copper Rule.
b. It is in the national security interests of the United States to issue this Exemption for the reasons stated in paragraphs 1 and 3 of this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-fourth day of October, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and fiftieth.
DONALD J. TRUMP
ANNEX I
- Affected Facility/Source: Miami Smelter, Arizona
i. Freeport-McMoRan Miami Inc.
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The navigation elements show that this document falls under "Presidential Actions," specifically within the category of Proclamations, or the general "All Presidential Actions" view.
The body begins by stating it is issued "BY THE PRESIDENT OF THE UNITED STATES OF AMERICA" and is titled "A PROCLAMATION."
Paragraph 1 establishes the critical nature of copper for U.S. energy, defense, and manufacturing sectors.
It references Executive Order 14220 (February 25, 2025), which previously identified copper as a critical material and directed actions to strengthen domestic supply chains against foreign reliance.
Paragraph 2 identifies the rule prompting the action: a final rule published by the Environmental Protection Agency (EPA) on May 13, 2024, concerning National Emission Standards for Hazardous Air Pollutants for primary copper smelting (the Copper Rule).
This rule mandates new emissions control requirements.
Paragraph 3 argues that the Copper Rule imposes severe burdens on the limited domestic industry, as the required control technologies are neither commercially demonstrated nor cost-effective. It notes that only two domestic primary copper smelters operated in 2024, warning that enforcing the rule could lead to closures, weaken the industrial base, and increase dependence on foreign processing.
The enacting paragraph states that President Donald J. Trump, using authority under section 112(i)(4) of the Clean Air Act, exempts specific stationary sources listed in Annex I from the Copper Rule deadlines for a period of two years.
During this exemption period, these sources remain subject to the emissions standards that existed before the Copper Rule was implemented.
Subsections 4(a) and 4(b) list the determinations supporting the exemption: (a) the necessary technology for compliance is currently unavailable in a commercially viable form, and (b) issuing the exemption serves critical U.S. national security interests, as detailed previously.
Finally, the document is dated October 24, 2025, signed by Donald J. Trump, and Annex I specifically names the "Miami Smelter, Arizona" operated by Freeport-McMoRan Miami Inc. as the affected facility.