News and Analysis
The Affordable Clean Energy rule (ACE) — finalized by the U.S. Environmental Protection Agency on July 8, 2019 — consists of emission guidelines for greenhouse gas (GHG) emissions from existing electric utility generating units (EGUs) under the federal Clean Air Act. The rule will inform states on the development, submission, and implementation of state plans to establish performance standards for GHG emissions from certain fossil fuel-fired EGUs.
The new rules will be a part of Ohio EPA’s plan for implementing the ACE program in the Buckeye State. Ohio EPA has issued an Early Stakeholder Outreach (ESO) to help develop the rules. If you or your company would like to provide input on ACE implementation, please contact Rob Brundrett. 10/10/2019
OMA environmental legal counsel has provided the membership this memo regarding Gov. Mike DeWine’s recent order to analyze PFAS in Ohio’s drinking water. In the governor’s press release, Ohio EPA Director Laurie Stevenson says the agency is planning to involve stakeholders in its process of establishing a regulatory framework for PFAS.
The OMA will be actively engaged as a key stakeholder in this process to ensure manufacturers are heard. The association will also form a work group to determine how best to represent manufacturers with interests in this area. You can be part of this discussion at the upcoming OMA Environment Committee meeting on Oct. 23. Please notify the OMA’s Rob Brundrett if you are interested. 10/10/2019
The OMA’s Environment Committee will hold its third meeting of the year on Wednesday, Oct. 23. This will be a great opportunity to receive legislative and regulatory updates, as well as to hear the concerns of fellow manufacturers. As always, there is no charge to attend — and the event is open to all OMA members. Register here or call (800) 662-4463. 10/9/2019
Ohio EPA recently recognized the 25-year anniversary of the agency’s Voluntary Action Program (VAP), which encourages property owners to voluntarily clean up their land for redevelopment. According to Ohio EPA, more than 13,540 acres of contaminated land on 615 sites in 69 counties have been improved since the VAP was created in September 1994. Remediated properties range from a former gas station to the sites of closed steel mills. 9/30/2019
Gov. Mike DeWine late last week announced that he has directed state agencies to analyze the prevalence of per- and polyfluoroalkyl substances (PFAS) in Ohio’s drinking water. This action followed a Sept. 18 letter from Gov. DeWine and 14 other governors to federal lawmakers, calling for more comprehensive federal legislation on PFAS standards.
The debate over PFAS has become controversial as plaintiffs’ lawyers aggressively attempt to litigate against manufacturers. Stay tuned for more on this important topic. 10/3/2019
Ohio EPA is offering stakeholders the chance to provide the agency with input on the following:
- Oct. 18, 2019 deadline: Division of Air Pollution Control (DAPC), Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards.
- Oct. 22, 2019 deadline: Division of Air Pollution Control (DAPC), Emission Reduction Credit (ERC) Banking Program Rules.
- Oct. 28, 2019 deadline: Division of Surface Water (DSW), Beneficial Use Designation Rules, Wave 2.
- Oct. 28, 2019 deadline: Division of Surface Water (DSW), Beneficial Use Designation Rules, Wave 3.
Please contact the OMA’s Rob Brundrett with questions. 10/3/2019
As reported earlier, the OMA has partnered with the law firm of Steptoe & Johnson to host a manufacturers’ meeting with senior management of U.S. EPA Region V and Ohio EPA. The meeting has been rescheduled for Tuesday, Nov. 19, at the U.S. EPA offices in Chicago — and all OMA members are invited.
Attendees of last year’s meeting found it valuable in terms of learning more about EPA policies and practices, while building relationships with agency leaders. Due to security and limited seating, you’ll need to reserve your spot early. Please contact the OMA’s Rob Brundrett to save your spot. Only those who RSVP can be admitted. 9/24/2019
Save the date for the upcoming OMA Environment Committee on Wednesday, Oct. 23, from 10 a.m. to 1 p.m. (EDT). We’ll meet in the OMA offices and lunch will be provided. This is a good opportunity for OMA members to receive legislative and regulatory updates, as well as be briefed on key provisions in the state budget. Go here to register, or call the OMA at (800) 662-4463. You must register for in-person or call-in attendance. 9/25/2019
Late last week, the U.S. EPA formally scrapped the Obama-era Waters of the United States (WOTUS) rule. Read the summary by the National Association of Manufacturers (NAM).
While environmental groups are expected to fight the withdrawal of the rule in the courts — and California has threatened to sue the administration — EPA officials already have a narrower rule in the works. The OMA has formally supported the administration’s proposed rule, which is more restrained and observes traditional limits on the scope of federal power. 9/16/2019
Ohio EPA has released an Early Stakeholder Outreach for rules in Ohio Administrative Code chapter 3745-21, which establishes requirements for the control of emissions of volatile organic compounds (VOCs) and carbon monoxide (CO) from stationary emission sources. VOCs are a precursor compound from which ozone is formed. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the federal Clean Air Act. CO is also one of the six criteria pollutants for which a NAAQS has been established.
Ohio EPA seeks to make minor amendments to the current rules. Written comments will be accepted through close of business Friday, Oct. 18, 2019. Members may submit input to: Mr. Paul Braun, Ohio EPA Division of Air Pollution Control, PO Box 1049, Columbus, Ohio 43216-1049, or by e-mail. 9/19/2019