Environment

Members got an early look this week at the environmental issues likely to shape permitting, compliance costs and investment decisions across Ohio.

Former Ohio EPA Director and Tucker Ellis Partner Joe Koncelik joined the Ohio Manufacturers’ Association (OMA) Environment Committee to outline the challenges awaiting the state’s next environmental regulator, including data center permitting, PFAS requirements, lead service line rules, air quality standards, brownfield redevelopment and shifting federal policy.

Those decisions can directly affect project timelines, compliance obligations, operating costs and the regulatory certainty members need to plan and invest with confidence.

“Members need to understand not only what rules may be coming, but how those rules will be implemented,” said James Lee, OMA managing director of public policy services. “Joe gave us a valuable look at the decisions that could have a very real impact on OMA members across the state.” 8/20/2026

Environmental risk can become deal risk fast.

That was a key takeaway from two presentations at this week’s Ohio Manufacturers’ Association Environment Committee meeting, where members heard how data center developers are addressing infrastructure and community concerns and how environmental due diligence can uncover liabilities before they become costly surprises.

Jeremy Schans and Eric Heis of Bitdeer walked members through the company’s Ohio data center operations and plans, including how it is addressing concerns around electricity use, water, noise and community impact. Bitdeer emphasized that it funds the infrastructure needed to serve its facilities and uses closed-loop cooling designed to limit water use.

The discussion gave members a firsthand look at how a major new energy user is addressing the infrastructure, environmental and community questions that increasingly follow data center development.

Lizzette Barrow and Duane Steelman of Terracon then focused on environmental due diligence and the tools companies can use to identify risk before purchasing, expanding or selling a facility. Their presentation covered Phase I and Phase II assessments, compliance reviews, audits and property condition assessments.

Finding environmental liabilities before a deal or expansion moves too far can help avoid delays, unexpected costs and tougher decisions later. 8/20/2026

Former Ohio EPA Director Joe Koncelik will join the Ohio Manufacturers’ Association (OMA) Environment Committee on Thursday, Aug. 20, for a timely discussion on the environmental and regulatory issues emerging alongside Ohio’s rapid technology growth. Koncelik, now a partner at Tucker Ellis LLP, will bring the perspective of a former regulator to questions involving resource competition, permitting and the changing policy landscape.

“Joe has seen these issues from both sides of the table, and that perspective matters right now,” said James Lee, OMA managing director of public policy services. “As Ohio grows, environmental policy has to keep pace without creating unnecessary barriers for the companies already investing and operating here.”

OMA staff and legal counsel will also provide the latest updates on environmental legislation, regulatory activity and other issues that could affect operations and investment. The business meeting runs from 10 a.m. to noon, followed by a networking lunch.

Register now to attend in person at OMA or virtually via Zoom. Meeting materials will be sent to all registrants, including those unable to attend live. 8/14/2026

NBC4 this week highlighted the business impact of Ohio reaching statewide air quality attainment for the first time in more than 20 years.

James Lee, managing director of public policy services for the Ohio Manufacturers’ Association, explained that nonattainment designations can bring additional permitting requirements, tighter emissions limits and higher costs for businesses looking to expand.

With all 88 counties now meeting federal air quality standards, businesses across Ohio have a clearer, less costly path to invest and expand.

Lee called the milestone “a major competitive win for the state.” 8/13/2026

The OMA Environment Committee will meet Thursday, Aug. 20, from 10 a.m. to noon, with members invited to attend at the OMA offices or virtually via Zoom. A networking lunch will follow.

Joe Koncelik, former Ohio EPA director and current partner at Tucker Ellis LLP, will examine the environmental regulations, competition for resources and policy shifts associated with Ohio’s rapid technology growth. OMA staff and legal counsel will also provide updates on legislative activity, regulatory developments and other environmental issues affecting manufacturers.

“Ohio’s growth is creating new environmental questions that will not stay confined to one industry,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Manufacturers need to know where the competition for resources, permitting changes and new regulatory pressure may land before those issues begin affecting investment and operations.”

Members should log in to MyOMA to register. Meeting materials will be emailed to all registrants, including those unable to attend. 8/7/2026

For the first time in more than 20 years, all 88 Ohio counties meet federal air quality standards.

The designation removes a costly regulatory obstacle that can delay plant expansions, discourage new investment and make it harder to create jobs. It also reflects years of practical investments by Ohio manufacturers in modern equipment, cleaner processes and effective pollution controls.

“Ohio manufacturers helped make this progress possible by investing billions in cleaner equipment, better processes and modern pollution controls,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “This milestone proves Ohio does not have to choose between a strong manufacturing economy and cleaner air. Clear standards, modern technology and sustained private investment delivered both.”

Ohio must maintain the standards for at least 10 years, but statewide attainment is a major competitive win for the state. 8/5/2026

New equipment, different materials or higher production levels can change a facility’s emissions profile before anyone updates the permit. That gap can lead to missed reporting requirements, late renewals, overlooked emissions sources, fines, delays and unexpected permitting work.

BSI highlights six common air compliance failures and recommends bringing environmental staff into operational decisions before changes are made on the plant floor.

“The most expensive air compliance problems often begin with changes that seemed routine at the time,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Manufacturers should understand the permitting consequences before equipment is installed, materials change or production increases, not after an inspector starts asking questions.” 8/5/2026

A court-ordered deadline for federal fine-particle designations is adding urgency to work already underway by the Ohio Manufacturers’ Association (OMA) to ensure Ohio employers are not punished for pollution they did not create.

A federal appeals court upheld the Biden-era annual PM2.5 standard of 9 micrograms per cubic meter, while a separate federal court ordered the U.S. Environmental Protection Agency (EPA) to designate areas that fail to meet the standard by Feb. 6, 2027. EPA may seek further court review or pursue a new rulemaking, but none of those options offers a quick or certain resolution.

The consequences for manufacturers could arrive well before states complete full compliance plans. A nonattainment designation can immediately trigger tougher permitting requirements for new facilities and plant expansions under the Clean Air Act’s new source review program.

OMA has been working to build the technical case for excluding qualifying wildfire and prescribed-fire smoke from Ohio’s PM2.5 data under EPA’s Exceptional Events Rule. OMA-supported analysis found that smoke significantly affected Ohio’s fine-particle readings in 2023 and 2024. The approaching deadline also increases pressure on EPA to resolve concerns that some federally approved monitors may overstate PM2.5 concentrations before final designations are made.

“OMA has been warning that the new standard could punish Ohio manufacturers for pollution they did not create,” said James Lee, OMA managing director of public policy services. “With a federal designation deadline now approaching, EPA and Ohio EPA must act on exceptional events and monitoring concerns before smoke-influenced or unreliable data trigger permitting restrictions and threaten future investment.” 7/30/2026

The Ohio Manufacturers’ Association (OMA) is urging the Ohio Environmental Protection Agency (EPA) to preserve a scientifically sound, evidence-based approach as the agency updates rules used to determine whether nutrients are impairing Ohio waterways.

In comments filed this week, OMA supported the agency’s proposed “weight of evidence” framework, which relies on methodical analysis and reliable data before attributing water-quality problems to nutrients. OMA warned that an incorrect finding could impose enormous costs on manufacturers, municipalities and their customers.

OMA also called for clear public notice and meaningful administrative review before Ohio EPA begins a nutrient assessment or finalizes its findings. Manufacturers and other permit holders should have an opportunity to review the evidence and challenge decisions that could result in significant new compliance costs.

“A nutrient finding can trigger enormous costs for manufacturers and communities, so the evidence has to be credible and the process has to be transparent,” said James Lee, managing director of public policy services for the OMA. “Ohio EPA should get the science right before those costs are imposed.” 7/29/2026

New federal guidance could make it easier for data centers to develop their own power while reinforcing a basic principle Ohio policymakers should follow when those facilities connect to the electric grid.

The U.S. Environmental Protection Agency (EPA) clarified this week that the Clean Air Act’s Acid Rain Program does not apply to power generation facilities operating independently from the public grid. EPA said the guidance gives data-center developers greater flexibility to build dedicated generation while reducing pressure on local electric systems.

The announcement also advances President Donald Trump’s Ratepayer Protection Pledge. Companies signing the pledge commit to build, bring or buy all the energy needed to power their facilities and pay the full cost of that energy and its supporting infrastructure.

“EPA is right to give data centers more flexibility to bring their own power,” said James Lee, managing director of public policy services for The Ohio Manufacturers’ Association. “Those projects should meet applicable environmental requirements and carry their own costs, not shift new burdens onto manufacturers already supporting the grid.”

The guidance does not resolve questions involving grid-connected facilities, utility tariffs or transmission-cost allocation, but it reinforces that major new energy users have options beyond shifting costs onto existing customers. 7/29/2026

A coalition of Democratic-led states and cities is suing the U.S. Environmental Protection Agency (EPA) over a rule giving businesses more time to transition away from certain hydrofluorocarbon refrigerants used in commercial refrigeration systems.

The EPA delayed stricter limits until 2032, arguing the earlier deadlines would force businesses to replace costly equipment before the end of its useful life and raise prices for consumers. The lawsuit seeks to overturn that flexibility and restore the faster phaseout.

“Businesses need realistic timelines, regulatory certainty and the flexibility to replace expensive equipment when it makes operational sense,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Dragging commonsense relief back into court threatens to saddle employers and consumers with costs the EPA is trying to avoid.” 7/23/2026

Ohio has largely avoided the drought gripping much of the country, thanks in part to a cool, rainy May. That is good news for manufacturers that depend on stable water supplies, agricultural inputs and reliable transportation networks.

But conditions can change quickly. June and July rainfall has been below average, temperatures are rising and limited rain could increase pressure on water-intensive operations, agricultural supply chains and facilities already managing summer heat.

“Ohio’s current drought-free status is good news for manufacturers, but water conditions can deteriorate quickly during a hot, dry summer,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “For water-intensive operations and manufacturers tied to agriculture, transportation or energy, this is an operational issue worth watching, not just a weather story.”

Ohio still remains in a stronger position than many states, but manufacturers should continue monitoring water availability and other operational risks through the rest of the summer. 7/15/2026

The U.S. Environmental Protection Agency (EPA) has proposed targeted changes to its model year 2027 heavy-duty engine rules that could reduce costs and give manufacturers more time to meet longer-term emissions requirements.

The proposal would retain current emissions-warranty periods for 2027 and later engines, delay longer regulatory useful-life requirements until model year 2030 and allow some manufacturers to pay nonconformance penalties while completing development of compliant engines. EPA also proposes replacing certain diesel exhaust fluid-related engine derates with visible or audible warnings.

EPA estimates the changes could save purchasers as much as $37 billion in warranty costs, including up to $6,000 per diesel vehicle, while preserving nearly 90% of the nitrogen oxide reductions projected under the original rule. The proposal could affect truck, engine, automotive-parts, farm-equipment and construction-equipment manufacturers.

“EPA’s proposal recognizes that environmental rules have to work in the real world,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “More compliance flexibility can preserve emissions progress while reducing unnecessary warranty costs, production disruptions and equipment-price increases.”

Comments are due Aug. 29. 7/15/2026

Boston College Law School Magazine recently featured Julianne Kurdila, senior attorney at Cleveland-Cliffs Inc. and chair of the Ohio Manufacturers’ Association’s (OMA) Environmental Committee.

The profile highlights Kurdila’s career in environmental law, her international work supporting women lawyers in Belarus and the perspective she has gained through years of theater performance. It also recognizes her receipt of OMA’s Babington Award for Extraordinary Member Leadership.

“Julianne brings deep expertise, thoughtful leadership and a genuine commitment to finding workable solutions,” said James Lee, managing director of public policy services for the OMA. “Her nearly decade-long leadership of OMA’s Environmental Committee has made an extraordinary difference for Ohio manufacturers and the association.” 7/6/2026

A semitrailer carrying 40,000 pounds of Frank’s RedHot recently leaked onto Interstate 71 in Delaware County, creating an unusual environmental cleanup challenge.

Fire crews avoided washing the sauce from the highway over concerns it could enter nearby waterways. Instead, responders used containment pools and hazmat materials to keep it out of storm drains while a cleanup crew was arranged.

“Containment, stormwater protection and proper cleanup are all essential,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “After that, the only remaining question is whether the remediation plan includes ranch or blue cheese.” 7/6/2026

The Ohio Manufacturers’ Association (OMA), Ohio Chamber of Commerce and Ohio Chemistry Technology Council submitted comments supporting the U.S. Environmental Protection Agency’s (EPA) proposed approval of Ohio EPA’s request to remove Ohio’s air nuisance rule from the state’s federally approved air plan.

The groups said the rule is a broad nuisance provision that is not tied to Ohio’s strategy for attaining or maintaining federal air quality standards. The comments note that Ohio’s air plan relies on specific, enforceable emissions limits and permitting programs, while the nuisance rule does not impose a measurable emissions limit or serve as a federal air quality control requirement.

“Ohio’s air plan should be focused on clear, enforceable standards that actually relate to federal air quality requirements,” said James Lee, OMA managing director of public policy services. “Removing this rule from the federal plan would reduce regulatory confusion while preserving Ohio EPA’s ability to address nuisance issues under state law.”

The groups also emphasized that removing the rule from the federal plan would not eliminate it from state law or limit Ohio EPA’s ability to enforce it when needed. 6/29/2026

The U.S. Environmental Protection Agency (EPA) has redesignated the Cleveland area as being in attainment with federal ozone standards, recognizing years of progress by Ohio EPA, local governments, industry and other partners to improve air quality across northeast Ohio.

EPA said the region now meets the 2015 national ozone standard, citing years of air monitoring data and a more than 40% reduction in certain ozone-forming pollutants over eight years. The redesignation covers Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit counties.

“This is excellent news for northeast Ohio and a credit to the manufacturers that have invested in cleaner, more efficient operations,” said James Lee, OMA managing director of public policy services. “OMA members understand that environmental progress and economic strength can move together. When communities meet the standard, they deserve the regulatory certainty that comes with it.”

OMA congratulates manufacturers and community partners across the region whose efforts helped make this milestone possible. The redesignation is expected to support faster and more predictable air permitting in the Cleveland area, while existing pollution controls and monitoring remain in place to ensure continued compliance. 6/23/2026

The U.S. Environmental Protection Agency (EPA) has sent several California emissions waivers to Congress for potential reversal, a move that could help restore a more consistent national framework for vehicle and equipment standards. The waivers allow California to impose requirements that are stricter than federal rules, including vehicle emissions standards that can shape compliance obligations beyond the state’s borders.

A patchwork of state-driven mandates does not stay inside state lines. It can complicate production, supply chains, fleet planning and long-term investment decisions for companies across the country.

“Ohio manufacturers should not be forced to plan around rules written in Sacramento,” said James Lee, OMA managing director of public policy services. “When California policy becomes de facto national policy, it affects production, supply chains, fleet decisions and investment far beyond California. EPA is right to put those consequences back under federal review.” 6/18/2026

A new technical analysis prepared for the Ohio Manufacturers’ Association (OMA) finds that wildfire and prescribed fire smoke significantly affected Ohio air-quality readings in 2023 and 2024, including ozone and fine-particle pollution known as PM2.5.

The report, prepared by Alpine Geophysics, recommends that regulators give full and consistent consideration to smoke-affected data under the Environmental Protection Agency’s Exceptional Events Rule. When data show monitored concentrations were affected by wildfire or prescribed fire smoke, the report says those readings should be flagged and excluded from regulatory calculations.

The issue has major implications for Ohio manufacturers. If atypical smoke-driven readings remain in the regulatory record, they could affect permitting requirements, State Implementation Plan obligations, transportation conformity analyses and future emissions-reduction strategies. That means manufacturers could face added regulatory burdens tied to extraordinary smoke events outside their control.

“Ohio manufacturers should not be penalized for air-quality readings driven by smoke events hundreds or thousands of miles away,” said James Lee, OMA managing director of public policy services. “Accurate data matters, especially when it can affect permitting, compliance obligations and future investment decisions. Members interested in this issue should contact me to get involved.”

OMA will continue urging regulators to ensure Ohio’s air-quality decisions are based on representative data and sound science, not extraordinary events that distort the record and create unnecessary uncertainty for employers. 6/11/2026

The U.S. Environmental Protection Agency (EPA) this week proposed revisions to a Biden-era ozone rule that the agency says created unnecessary planning requirements for states even after areas were reclassified under federal air quality standards.

The proposal is welcome news for manufacturers operating in Ohio, where permitting timelines, compliance obligations and regulatory certainty all affect investment and growth. Clearer, more flexible state implementation rules would help ensure air quality planning reflects current conditions rather than outdated classifications.

“Ohio manufacturers support clean air, but clean air policy should be clear, workable and tied to actual conditions,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “This proposal would give Ohio more flexibility, reduce unnecessary administrative burdens and help regulators focus resources where they can do the most good.”

EPA said the proposal would apply to past and future reclassifications under the 2008, 2015 and future ozone standards. The agency will hold a 30-day public comment period. 6/9/2026