The Ohio Manufacturers’ Association (OMA) is weighing in on a proposed update to Ohio’s air permitting rules that would restore an “emergency defense” for facilities operating under the Clean Air Act. The provision would protect manufacturers from penalties when unavoidable equipment failures or other emergency events temporarily push emissions above permit limits.
The proposal follows a recent court decision in SSM Litigation Group v. Environmental Protection Agency (EPA), which sent Ohio EPA back to its rules. Restoring the emergency defense would bring back an important safeguard when violations are driven by events a facility cannot reasonably prevent, not routine noncompliance.
“This is about recognizing the difference between a true emergency and a preventable violation,” said James Lee, managing director of public policy services for the OMA. “Manufacturers should be held to high standards, but they should not face penalties for events outside their control when they respond appropriately and remain committed to compliance.”
OMA supports reinstating the provision and is working with Ohio EPA to ensure the final rule is clear, fair and practical to administer. 3/27/2026