Environment Management

Report: U.S. EPA May Re-Evaluate Vinyl Chloride

The U.S. EPA has included vinyl chloride on a preliminary list of chemicals the agency is considering for a new risk evaluation. It could be the first step in banning the chemical, according to this story. Environmental groups have urged the agency to review the chemical’s safety following the East Palestine train derailment. 11/13/2023

On-Demand Webinar: NPDES Permitting Rules

Ohio EPA has posted this on-demand webinar, which provides an overview of new and proposed rules, policies, regulations that could impact your business’ non-storm water National Pollutant Discharge Elimination System (NPDES) permit. For more information from the agency’s division of surface water, visit this page. 11/15/2023

Report: Ohio EPA May Increase Air Permit Fees

As mentioned during a recent OMA Environment Committee meeting, the Ohio EPA Division of Air Pollution Control (DAPC) is considering increasing air permit fees to provide needed additional funding. (The agency is funded by fees, not via the state’s General Revenue Fund.)

In this report from OMA Connections Partner Vorys, DAPC has not provided information regarding the amount of the fee increase or to which air permit program(s) the increase would apply. However, officials say they intend to work closely with industry to establish a reasonable fee increase. 11/7/2023

Climate Lawsuits Spread to Ohio

Climate change activists are setting the stage for lawsuits against oil and gas companies in Ohio and Pennsylvania, according to a report published by Politico. The story notes that the Center for Climate Integrity “seeks to make oil majors pay for the effects of global warming.” 11/9/2023

ESG Goes Under Capitol Hill Microscope

On Capitol Hill, House Republicans this week held a hearing on environmental, social, and governance (ESG) investing, hearing from witnesses who argue ESG-focused investments pose risks to retirement funds while straining small businesses.

Read the opening statement from the chairman of the U.S. House Ways and Means Committee and watch the Nov. 7 hearing.

As reported by D.C. media, GOP lawmakers are particularly concerned about a recent U.S. Department of Labor rule allowing retirement fiduciaries to consider ESG factors when selecting investments and exercising shareholder rights. 11/7/2023

OMA Updated on Environmental Regulatory Activity

This week, the OMA Environment Committee held its final scheduled meeting of 2023, sponsored by OMA Connections Partners Squire Patton Boggs and Thompson Hine. Highlights included the following:

• Bob Hodanbosi, Ohio EPA’s longtime air pollution control chief, provided an update on the non-attainment status of the Cleveland and Cincinnati areas under the U.S. EPA ozone standard. He noted that if ozone levels are not reduced, increased regulatory action could have “serious consequences” for industry in both areas.
• Brandon Farris, vice president of environmental policy for the National Association of Manufacturers, discussed the U.S. EPA’s proposed PM2.5 rule, which would impose stricter air standards on particulate matter, resulting in a “freeze of growth” for U.S. manufacturers. The OMA has been actively engaged in opposition. (OMA members can express their opposition via the NAM’s website.)
• Bill Petruzzi, senior consultant for Verdantas, briefed members on how manufacturers can take advantage of the Ohio EPA’s regulatory expansion allowing additional waste materials to be eligible for beneficial use authorization.

Members should watch for the 2024 schedule of OMA policy committee meetings to be announced in December. 11/1/2023

Discrepancy in U.S. EPA’s PFAS Reporting Rules

The U.S. EPA is proposing two new rules with the potential for major impacts to industry members that interact with PFAS, according to Vorys, an OMA Connections Partner.

In this insight, the firm writes: “Read together, these rules also indicate a discrepancy in the EPA’s position on how to manage the compliance burden PFAS reporting requirements can create for small businesses.” 11/2/2023

Ohio EPA Air Pollution Chief to Present to OMA

There’s still time for members to register for the OMA Environment Committee’s Nov. 1 meeting. It will feature updates from Bob Hodanbosi, Ohio EPA’s air pollution control chief, and other experts who will address federal and state regulatory activity. Register here. 10/25/2023

Akron Designated as Tech Hub for Sustainable Polymers

According to reports, the Biden administration has named several regions spanning 32 states as technology hubs, a move aimed at spurring private investment and job creation. Ohio, specifically the Akron region, was named as a tech hub for sustainable plastics and rubbers. 10/23/2023

SCOTUS Urged to Block EPA’s ‘Good Neighbor Plan’

Ohio, West Virginia, and Indiana are urging the U.S. Supreme Court to block implementation of the Biden administration’s so-called “Good Neighbor Plan” — which would expand federal regulation of interstate air emissions as they affect national ambient air quality standards.

The states say the U.S. EPA has exceeded its authority by over-ruling the air quality plans of individual states. Read this story and plan to attend the Nov. 1 meeting of the OMA’s Environment Committee for more details. 10/17/2023