OMA Intervenes in Appeal of U.S. EPA’s Removal of Air Nuisance Rule

On Jan. 19, 2021, the Sierra Club, the Ohio Environmental Council, and two individuals filed a petition for review with the Sixth Circuit Court of Appeals, seeking review of U.S. EPA’s final rule removing the air pollution nuisance rule from Ohio’s State Implementation Plan (SIP).

The removal of the air pollution nuisance rule from Ohio’s SIP allows Ohio EPA to discontinue its practice of including a nuisance provision as a standard term and condition within each air permit it issues. In practice, the inclusion of the nuisance provision within Ohio EPA’s air permits allows for the filing of a citizen suit alleging that a facility is in violation of the nuisance provision, even if Ohio EPA determines the facility does not operate as a nuisance.

On Feb. 18, the OMA moved to intervene in the Sixth Circuit appeal in support of the EPA’s removal of the nuisance rule from Ohio’s SIP. The State of Ohio has also moved to intervene in support of the agency’s action. 2/24/2021