Environment Management

Proposed ESG Requirements for Federal Contractors

The federal government recently proposed new requirements impacting federal contractors regarding their disclosure of greenhouse gas emissions. Because the proposal could affect as many as 6,000 entities, OMA Connections Partner Schneider Downs has published this analysis. 4/5/2023

21 States Challenge Fund Managers on ESG Activity

Twenty-one state attorneys general, including Ohio’s Dave Yost, have raised new concerns about environmental, social, and governance (ESG) actions at 53 large financial institutions. In a letter to the firms, the AGs allege some asset managers have ignored laws requiring the firms to prioritize clients’ financial interests. 4/3/2023

OMA Members Briefed on Stricter Air Quality Plan

This week, the OMA hosted an online briefing to address the U.S. EPA’s proposed PM2.5 rule and examine how stricter air standards on particulate matter would impact manufacturers. More than 70 members participated.

Presenters were Jennifer Van Vlerah, assistant chief at the Ohio EPA’s division of air pollution control, and Chris Morris, director of energy and resources policy for the National Association of Manufacturers. In her presentation, Van Vlerah said multiple Ohio counties could be in non-attainment if the rule is finalized. Morris said the rule would likely mean the loss of manufacturing jobs.

OMA members can use this NAM tool to send an email to officials in D.C., explaining the real impact of this proposal. Here are the OMA’s Feb. 17 comments to the U.S. EPA. 3/28/2023

How Will the U.S. EPA’s New PFAS Rule Impact Ohio?

As previously reported, the U.S. EPA has proposed new regulations to limit the amount of the PFAS in drinking water. If finalized, public water systems will have three years to comply with the limits.

Bricker & Eckler, the OMA’s general counsel, has analyzed the EPA’s PFAS proposal and what it means for Ohio. The firm’s memo, available here, notes that “while the brunt of the regulation will fall on public water systems to implement, the impacts of the rule will surely be apparent across industries.” 3/23/2023

March 28 Briefing on U.S. EPA’s Proposed PM2.5 Rule

At 10 a.m. Tuesday, March 28, the OMA will host an online briefing to address the U.S. EPA’s proposed PM2.5 rule, which would impose stricter air standards on particulate matter. The briefing will feature experts from Ohio EPA and the National Association of Manufacturers. Register here. 3/22/2023

Toxic Chemical Releases Below Pre-Pandemic Levels

The U.S. EPA’s latest Toxics Release Inventory (TRI) national analysis shows releases of chemicals from facilities covered by the program have remained below pre-pandemic levels.

Releases in 2021 were 10% lower than 2012 releases, according to reports. Facilities managed 89% of their TRI chemical waste through preferred practices such as recycling. Data from EPA’s Region 5, which includes Ohio, showed even better progress. 3/21/2023

Update on Greenwashing Regulation, Litigation

“Greenwashing” lawsuits — which allege that a company is misleading customers about its sustainability efforts — are on the rise. OMA Connections Partner Thompson Hine has posted this 28-minute podcast to provide strategies to help companies prepare for upcoming regulatory requirements, while managing risk from greenwashing claims. 3/21/2023

Biden’s WOTUS Rule to be Tested by SCOTUS

The Biden administration’s “waters of the U.S.” (WOTUS) rule will overlap with a forthcoming U.S. Supreme Court decision that will define jurisdictional waters under the federal Clean Water Act. The court’s decision is expected by early summer.

OMA Connections Partner Roetzel has provided this analysis, writing that the next several months “will continue to see heightened political attention and legal challenge” in response to the rule. 3/21/2023

Whirlpool Hits Zero-Waste-to-Landfill Goals

OMA member Whirlpool Corp. has achieved its zero-waste-to-landfill goals at nearly all of its large manufacturing sites worldwide, according to reports. Whirlpool set its waste reduction goals in 2012 and has “continued to invest in plant efficiency and waste reduction.” Read more. 3/22/2023

U.S. EPA Announces Actions on PFAS, NOx

The U.S. EPA this week finalized its rule to rule to require industrial facilities and power plants in 23 states — including Ohio — to cut their smog-forming nitrogen oxide (NOx) emissions. The so-called “Good Neighbor” plan is just one of several air quality and climate regulations the agency is set to unveil. Read more.

The EPA has also proposed new regulations to limit the amount of the PFAS in drinking water. If finalized, public water systems will have three years to comply with the limits. For more, read this insight from OMA Connections Partner Vorys, and this summary from OMA Connections Partner Thompson Hine. 3/16/2023