Legislators from 30 States Urge EPA to Retain Clean Air Protections for Pyrolysis

Washington, D.C. (May 4, 2026) — Today, NCEL submitted a comment letter to the U.S. Environmental Protection Agency (EPA) on behalf of 119 state legislators from 30 states opposing a proposal to weaken federal Clean Air Act protections for pyrolysis units. The lawmakers argue that changing the federal legal category of pyrolysis would strip away essential air quality standards, thereby endangering public health and putting an undue burden on states.

Pyrolysis is a type of technology, often referred to as a form of plastic “chemical recycling,” that can convert plastic waste into “pyrolysis oil” for fuels, chemicals, and low yields of new plastic. The legislators note that this process generates significant hazardous waste and can release dangerous air pollutants such as dioxins, benzene, and formaldehyde into the environment.

The EPA’s proposal seeks to remove pyrolysis from the definition of “municipal waste combustion units” under Section 129 of the Clean Air Act, effectively removing the only federal baseline for hazardous air pollution resulting from pyrolysis. State legislators contend that this shift creates a dangerous regulatory gap, particularly in states that have already moved to deregulate pyrolysis. By maintaining the federal “floor” for pyrolysis emissions, the EPA can preserve protections for all communities against toxic pollutants.

“We cannot allow an administrative redefinition to bypass decades of public health progress,” said Minnesota State Representative Sydney Jordan. “Pyrolysis is a process that can release dangerous toxins into our air; stripping away federal oversight doesn’t make the process any cleaner, it just leaves our most vulnerable communities without a primary line of defense.”

“We shouldn’t be making it easier for facilities to pump hazardous air pollutants into our neighborhoods,” said Oregon State Senator Janeen Sollman. “We need the EPA to maintain pyrolysis in Section 129 of the Clean Air Act to ensure that every family, regardless of their zip code, has baseline federal protections from these toxic emissions.”

The legislators conclude by requesting that the EPA maintain public health safeguards and avoid burdens on limited-resource states by keeping pyrolysis within the definition of combustion units under Section 129 of the Clean Air Act.

The letter was spearheaded by Minnesota State Representative Sydney Jordan and Oregon State Senator Janeen Sollman, and the full letter is available here: https://www.ncelenviro.org/app/uploads/2026/05/Pyrolysis-Letter-to-EPA-050426.pdf

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About NCEL: Created by and for state legislators, the National Caucus of Environmental Legislators is a 501(c)(3) nonprofit that organizes over 1,300 environmentally-committed state legislators from all 50 states and both parties. NCEL provides venues and opportunities for lawmakers to share ideas and collaborate on environmental issues.