Environment Management

What’s Next for SEC’s Proposed Climate Rule?

The public comment period for the climate-related disclosures proposal from the Securities and Exchange Commission has ended. Now the SEC is expected to craft a final rule at a time when the global energy crisis is front and center, reports say. Meanwhile, on Capitol Hill, Republicans say they will target green regulations and ESG investment pressures if they retake control of the U.S. House in 2023. 6/20/2022

Aug. 30 Deadline for New Industrial Stormwater Permit

Last month, Ohio EPA issued the next generation of the Industrial Stormwater – General Permit, also known as the Multi-Sector General Permit (MSGP). A copy of the new permit is available on the Ohio EPA website. OMA Connections Partner Vorys says facilities that have stormwater discharges permitted by the current generation of the MSGP must submit a new Notice of Intent for coverage under the new permit by Aug. 30. 6/23/2022

EPA: No Safe Level for Two ‘Forever Chemicals’

The U.S. EPA has sharply lowered safe-consumption levels for so-called “forever chemicals” — a nickname for per- and polyfluoroalkyl substances (PFAS) — in drinking water. The agency is revising its health advisory for two types of PFAS (known as PFOA and PFOS) to near zero, while setting new drinking water advisories for two other types of PFAS (GenX and PFBS).

While not legally enforceable at this time, the new levels could have far-reaching effects on state drinking water regulations, according to reports. Last month, the U.S. EPA added five PFAS chemicals to a list used to determine if response or remediation activities are necessary. 6/15/2022

Webinar: Ohio EPA and OSHA’s On-Site Consultation Programs

If you wear multiple hats at your business — managing your environment, safety, and health regulations — consider registering for an Aug. 9 webinar hosted by Ohio EPA and OSHA. This virtual event will address the agencies’ free, on-site consultation programs, which help businesses navigate regulations and allow them to ask questions without risk of penalty. 6/16/2022

Ohio EPA Official: Cincinnati to Regain Ozone Attainment Status

On June 8, the OMA’s Environment Committee held its second meeting of 2022. Sponsored by OMA Connections Partner Jones Day, approximately 60 members attended either in person or virtually. In addition to updates on recent Statehouse activity, members heard from Ohio EPA’s Bob Hodanbosi, who oversees the division of air pollution control.

In his presentation, Hodanbosi provided insight on the U.S. EPA’s cross-state air pollution rule. He also informed members that Cincinnati has been redesignated as in attainment for ozone levels, but Cleveland is expected to be “bumped up” to the level of moderate non-attainment. (Click here for updates on the ozone attainment status of both cities.) Christy Schirra of Bricker & Eckler LLP, the OMA’s general counsel, also briefed members on key topics.

The committee is scheduled to meet again Oct. 5. 6/8/2022

U.S. EPA Targets Another Trump-Era Policy

U.S. EPA has proposed a rule to reverse a Trump-era decision on water permitting projects by revising Section 401 of the Clean Water Act. Former President Trump had prioritized Section 401 reform to fast-track major energy projects. The National Association of Manufacturers says the U.S. EPA’s newly proposed rule does not go far enough “to stop activists from abusing what were intended to be important water protections.” 6/7/2022

NAM Files Comments on SEC’s Climate Proposal

Earlier this year, the U.S. Securities and Exchange Commission (SEC) unveiled a proposal to institute broad, sweeping climate disclosure obligations for publicly traded companies. This proposed rule would mandate reporting on complex climate-related information — including greenhouse gas emissions — regardless of whether the information has an impact on the company’s financial performance.

The National Association of Manufacturers (NAM) has filed comments on the SEC’s proposed rule and provided recommendations that would lessen burdens on companies while still providing material information to investors. The official comment period closes June 17. The SEC plans to finalize its rule by the end of the year. 6/9/2022

Environmental Roundup: Manufacturing Leads Sustainability Efforts, Survey Finds

• A new global survey of nearly 1,500 executives across multiple industries finds manufacturing executives are the most optimistic about their companies’ commitment to sustainability, according to this summary in IndustryWeek.
• OMA Connections Partner Vorys has published this insight on Ohio EPA’s next generation of the Industrial Stormwater – General Permit, also known as the Multi-Sector General Permit (MSGP). Facilities that have stormwater discharges permitted by the current generation of the MSGP must submit a new notice of intent for coverage under the new permit by Aug. 30.
• On June 21, Ohio EPA will host a complimentary webinar on stormwater permitting requirements for industrial activity.

The OMA Environment Committee will meet Wednesday, June 8 at 10 a.m. If you haven’t already, register here. 6/2/2022

DOJ Unveils Environmental Justice Strategy

The U.S. Department of Justice (DOJ) has taken multiple actions to devote more attention to the Biden administration’s “environmental justice” efforts. OMA Connections Partner Thompson Hine has published this summary of the agency’s activities, noting that the regulated community can expect “more creativity from DOJ and its partners in attempts to pursue and address environmental justice concerns.” 5/24/2022

Webinar: Complying With Ohio’s Environmental Regs

If your business is concerned about compliance with environmental standards, reserve your spot now for a complimentary July 26 webinar hosted by the Ohio EPA. “Ohio EPA’s Regulations — What You Need to Know to Stay Out of Trouble” will highlight the agency’s major areas of compliance, as well as helpful recourses for businesses. 5/25/2022