Federal Magistrate Undermines Common Sense Regulations

In response to a Sierra Club challenge, a federal magistrate ruled this week to enjoin Ohio EPA from issuing permits for small sources of pollution without Best Available Technology (BAT).  While BAT does not result in reduced emissions, it often results in operational inefficiency as requirements are written into permits that restrict manufacturering flexibility.

The OMA led industry support in 2006 to get this burdensome requirement removed.  The OMA had submitted an amicus brief in this case supporting Ohio EPA’s position that the Sierra Club was without standing to bring the suit, among other arguments. 

The OMA is urging the Ohio EPA to mount a vigorous defense of this common sense regulatory reform through all available legal channels.  02/05/2010