Introduction
President Donald J. Trump issued Proclamation 10987 on October 24, 2025, granting a two-year exemption to specific primary copper smelters from new emissions standards set by the Environmental Protection Agency. Published in the Federal Register on November 3, 2025, this proclamation addresses national security concerns tied to America's copper supply chain. It invokes authority under the Clean Air Act to delay compliance with the EPA's Copper Rule, which imposes stricter controls on hazardous air pollutants from copper smelting operations. The move highlights the tension between environmental regulations and the need to maintain domestic industrial capacity for critical minerals. By extending deadlines, the proclamation seeks to prevent potential closures of the nation's remaining smelters, thereby supporting energy, defense, and manufacturing sectors that rely on copper.
Background on Copper's Role in National Security
Copper holds a pivotal position in the U.S. economy and defense infrastructure. The proclamation describes it as essential for the electric grid, semiconductors, and other modern technologies. Executive Order 14220, issued on February 25, 2025, and referenced in the proclamation, designates copper as a 'critical material essential to the national security, economic strength, and industrial resilience of the United States.' This order directed efforts to strengthen the domestic copper supply chain to counter threats from excessive foreign reliance.
The U.S. has seen a decline in primary copper smelting operations. As noted in the proclamation, only two such facilities remained operational in 2024. This reduction stems from various factors, including global competition, aging infrastructure, and regulatory pressures. The proclamation argues that further erosion of this capacity could undermine mineral independence, especially during crises when access to foreign supplies might be restricted. It emphasizes the need to preserve all existing smelters to ensure a stable domestic source of this vital metal.
Overview of the EPA's Copper Rule
The Environmental Protection Agency finalized the Copper Rule on May 13, 2024, under section 112 of the Clean Air Act. Officially titled 'National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review,' it appears at 89 FR 41648 in the Federal Register. The rule introduces new emissions-control requirements aimed at reducing hazardous air pollutants from primary copper smelters.
Key elements include mandates for advanced technologies to curb emissions. The proclamation criticizes these standards as being based on technologies that are not yet commercially demonstrated or cost-effective. It also points to a uniform compliance timeline outlined at 89 FR 41657, which fails to consider the unique challenges of legacy facilities in this sector. These requirements, according to the document, place 'severe burdens' on the industry, potentially accelerating closures in an already limited field.
Details of Proclamation 10987
Proclamation 10987 exempts certain stationary sources—identified in Annex I—from the Copper Rule for two years beyond the original compliance dates. This extension applies to all relevant deadlines, meaning affected smelters will continue operating under pre-existing emissions standards during this period. The proclamation specifies that this relief is granted under section 112(i)(4) of the Clean Air Act, 42 U.S.C. 7412(i)(4), which allows for such exemptions when technology is unavailable or when national security interests are at stake.
President Trump supports the exemption with two key determinations. First, he states that 'the technology to implement the Copper Rule is not available' and does not exist in a 'commercially viable form' to meet the rule's deadlines. Second, he asserts that the exemption serves 'the national security interests of the United States' by preventing industry strain that could weaken the industrial base and increase foreign dependence. The document ties this action directly to the goals of Executive Order 14220, emphasizing the role of domestic smelting in reducing vulnerabilities in the copper supply chain.
Legal Basis and Precedents
The proclamation relies on section 112(i)(4) of the Clean Air Act, which permits the President to grant exemptions from national emission standards for hazardous air pollutants if certain conditions are met. This provision allows for delays when required control technologies are not available or when exemptions are deemed necessary for national security. Historical uses of similar authorities include exemptions during energy crises or for defense-related industries, though specific precedents for copper smelting are limited.
For instance, past administrations have invoked Clean Air Act flexibilities for sectors like power generation during supply shortages. The proclamation's focus on unavailable technology echoes challenges in other regulatory contexts, such as EPA rules for coal-fired plants where courts have scrutinized feasibility assessments. While no direct court cases are cited here, the action aligns with broader executive powers to balance environmental goals with economic and security priorities, as seen in cases like Michigan v. EPA (2015), where the Supreme Court emphasized considering costs in regulatory decisions.
Potential Implications and Perspectives
The exemption could provide short-term relief to the copper industry, allowing time for technological advancements or alternative compliance strategies. In the near term, it may stabilize operations at the two remaining smelters, preserving jobs and domestic production. Over the longer term, it might encourage investments in U.S. mineral processing, aligning with efforts to reshore critical supply chains amid global tensions.
However, environmental groups may view this as a setback to air quality protections, arguing that delays could prolong exposure to hazardous pollutants like arsenic and lead from smelting processes. Industry stakeholders, conversely, might praise it as pragmatic, given the proclamation's claim of technological unavailability. Policymakers could see it as part of a larger debate on regulatory burdens versus national security, potentially influencing future EPA rulemakings. Different perspectives highlight the trade-offs: supporters emphasize economic resilience, while critics stress health and environmental risks without endorsing immediate closures.
Conclusion
Proclamation 10987 represents a targeted intervention to safeguard U.S. copper smelting capacity amid regulatory challenges. By extending compliance deadlines, it underscores the administration's priority on mineral security. Looking ahead, potential next steps include EPA reviews of the Copper Rule's technology assumptions or congressional actions on critical minerals policy. Ongoing debates may center on balancing environmental standards with industrial needs, with challenges arising from legal challenges to the exemption or shifts in global copper markets.