Nuisance Rule Removed From Ohio SIP, Signaling Big Win for Manufacturers

In good news for Ohio manufacturers, the Federal Register this week published a final rule that removes an air pollution nuisance rule from Ohio’s Clean Air Act State Implementation Plan (SIP). The OMA and its business allies — who had unsuccessfully tried to remove this provision in the past — provided comments and follow-up comments on the proposal when it was first introduced earlier this year.

The OMA agreed with U.S. EPA that Ohio has never relied on — and never intended to rely on — the nuisance rule to demonstrate attainment or maintenance of any National Ambient Air Quality Standards (NAAQS). The removal of the nuisance rule from Ohio’s SIP is a significant win for manufacturers since its inclusion previously led to unintended consequences, permitting challenges and lawsuits.

OMA Environment Counsel Bricker & Eckler published this blog post about the change. 11/19/2020