Allowing smelters to operate without updated hazardous air pollutant controls risks increased emissions of toxic substances such as heavy metals, acid gases, and particulate matter, which could worsen respiratory, cardiovascular, and other health burdens, especially in nearby and overburdened communities. Given that pollution disproportionately affects low income people, people of color, children, and people with preexisting health conditions, this regulatory relief could exacerbate environmental injustice and health inequities. While the policy aims to protect U.S. mineral supply chains, the immediate public health trade-offs may be substantial.
Environmental Protection Agency
A directive issued by the President that manages operations of the federal government. Executive orders have the force of law but must align with existing statutes and constitutional authority.
Who It Impacts: Federal agencies and employees, directing them on how to implement laws or carry out government functions. Executive orders can also influence businesses and individuals when they relate to issues like immigration, trade, or labor policies.
Who Is Not Impacted: Private citizens and businesses do not have to directly follow an executive order unless it leads to regulations or policies that apply to them. For example, an executive order directing federal agencies to increase renewable energy use does not mandate action from private companies, but it may influence policy shifts that eventually affect them.
Date Enacted
October 24, 2025
Last Updated
December 16, 2025
Policy Type
Public Health
Climate
Health and Disability
Children and Families
Summary
The proclamation grants a two year exemption for certain U.S. copper smelters from newly established air pollution standards under the 2024 “Primary Copper Smelting Rule,” citing national mineral security and insufficient commercially viable emissions-control technology.
Impact Analysis
Legal Challenges
N/A
Take Institutional Action
Monitor air quality, water, and soil around affected smelters and collect community health data (e.g., rates of asthma, cardiovascular disease) to document potential health impacts of exempted emissions. Consider advocating for transparent emissions reporting and require baseline and periodic emissions data from smelters to track changes over the exemption period.
Engage in community outreach and public education campaigns to raise awareness of increased pollution risk, especially in vulnerable populations (children, elderly, people with chronic conditions).
Associated or Derivative Policies
Policy Prior to 2025
Before the 2024 Copper Smelting Rule, smelters operated under older, less stringent emissions standards. The 2024 rule updated emissions-control requirements to reflect modern understanding of hazardous air pollutants. The 2025 Proclamation temporarily suspends compliance with those stronger standards for specified smelters.
Additional Resources
American Lung Association Comments: /https://www.lung.org/getmedia/9599bcea-473e-44b2-a84a-2130437df217/Final_CommentLetter_NESHAP_SecLeadSmelting.pdf
NIH, Air Pollution and Your Health: https://www.niehs.nih.gov/health/topics/agents/air-pollution
WHO, Global Air Quality Guidelines: https://www.who.int/publications/i/item/9789240034228
UCAR, Effects of Air Pollution: https://scied.ucar.edu/learning-zone/air-quality/effects-air-pollution
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