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In Detroit, a ‘magic wand’ makes dirty air look clean – and lets polluters off the hook
In south-east Detroit, the Environmental Protection Agency says, the air is clean.
Robert Shobe’s lungs tell a different story.
Like a lot of Detroiters, Shobe suffers from chronic obstructive pulmonary disease, also known as COPD, a long-term lung ailment that flares up when the air is smoggy or smokey. On those days, Shobe said: “I probably am low on energy, and I feel like I’m seeing a haze in the air.”
Traffic, industrial sources and meteorological conditions often worsen pollution in his part of town. One of Shobe’s closest neighbors is the Stellantis Mack Assembly Plant, where Jeep Wagoneers roll off the line. Since opening a paint shop on the property just over two years ago, it has racked up eight air pollution violations and fines.
So Shobe was baffled when he heard in May 2023 that Detroit had three years of clean air data, and that according to the EPA, the region met strict federal air-quality standards.
Regulators for Wayne county, where Detroit is located, accomplished that feat by removing two of the highest-ozone days from their calculations. They could do that because they had identified a surprising source of dirty air: wildfires burning across the border, in other states and in Canada.
Using a little-known loophole in the Clean Air Act, the Michigan environment, Great Lakes and energy department had made the case to the EPA that pollution on those days stemmed from an exceptional event, defined as something uncontrollable, unlikely to recur and, often, natural: wildfires.
The “exceptional events rule” allows the EPA to strike pollution caused by these events from the record, allowing regulators to meet clean-air goals on paper, without forcing local industry to comply with tighter pollution controls.
In Michigan, a regulator referred to the process as a “magic wand”.
Robert Shobe, who lives adjacent to the Stellantis Mack Auto Assembly Plant, in Detroit, Michigan, on 3 October 2023. Shobe suffers from chronic obstructive pulmonary disease, which gets worse on days when the air is smoggy or smokey. Photograph: Brittany Greeson/The Guardian
That wand is regularly, if quietly, being waved. An investigation by The California Newsroom, MuckRock and the Guardian found that state and local air-quality managers across the US increasingly rely on the rule to meet air-quality goals because of wildfires.
A review of federal data, as well as thousands of pages of regulatory records, shows that at least 21 million people, including in Michigan, now live and breathe in areas where the EPA has forgiven pollution from at least one “exceptional event”, often a wildfire, since the law took effect. Public contracts and correspondence also reveal how local governments have spent millions in taxpayer dollars to seek forgiveness for pollution related to “exceptional events”, helped at times by industry lobbyists, who pushed for the expansion of the loophole in the Clean Air Act.
From the mountain west to the Rust Belt and into the south, utility, energy and business advocates have worked to promote the rule’s use, aiming to avoid costly emission controls.
It isn’t just industry that benefits, said John Walke, a lawyer with the Natural Resources Defense Council. The non-profit environmental advocacy organization has sued the EPA over its interpretation of the rule. “Loopholes and exceptions [like this one] are treated as get-out-of-jail-free cards for politicians who are balancing economic activities and development with the need for clean air and public health,” he said.
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