Environment Management

Supreme Court Poised to Strike US EPA Good Neighbor Rule

A recent article reported that the Supreme Court appears poised to place limits on the US EPA’s good neighbor rule targeting 23 states for cross-state emissions. A majority of justices have expressed their skepticism about the EPA’s rule, which targets 23 states to cut ozone pollution, with concerns raised about its validity and potential impacts on major industries like manufacturing. Justice Brett Kavanaugh specifically criticized the EPA, stating they “didn’t have an explanation” for the justification, referring to it as a “goose egg.”

OMA Counsel at Bricker Graydon produced this memo for OMA members outlining the current lawsuit from Ohio, Indiana, and West Virginia requesting a stay on the rule.

3/12/2024

How to Navigate the Final SEC Climate Rule

Last week, the final climate-related disclosure rule was adopted by the U.S. Securities and Exchange Commission, a rule which the OMA opposed and was able to blunt with the removal of scope 3 emission disclosure.

OMA Counsel at Bricker Graydon has produced a memo for the OMA breaking down what the rule changes, the impact on manufacturers, and the ongoing appeal process.

Still, the rule presents a new list of challenges and obstacles for manufacturers. OMA Connections Partner RSM has published this article laying out how companies can navigate and strategize the reporting process while keeping it streamlined and efficient. 3/12/2024

SEC Backs Off Supply Chain Emissions Reporting Requirement

The Securities and Exchange Commission has approved a new climate disclosure requirement after two years of consideration. Manufacturers got a win in the new proposed rule as requirements for scope 3 emissions disclosure, a rule that would have required manufacturers to report all emissions within their supply chain, were removed from the final rule. The rule also exempted smaller companies from reporting emissions related to on-site operations.

The OMA joined industry groups to oppose that provision amongst other burdensome proposals.

Despite this positive development, the rule will still provide new compliance burdens on manufacturers. The National Association of Manufacturers is offering a webinar on March 14 for members to gain a comprehensive understanding of the new regulations. 3/6/2024

OMA Engages With US EPA on Nuisance Rule

This week the OMA requested for a deadline extension to comment on the US EPA’s proposal to reinstate the Air Nuisance rule that allows activist citizens to target manufacturers with frivolous lawsuits. The OMA backed the repeal of this rule, which was rescinded by the Trump administration in 2020.

A recent report from the Cleveland Plain Dealer outlines the legal battle that led to the rule’s repeal and the OMA’s action to oppose in coordination with state industry associations. 3/6/2024

OMA Takes Action on Cleveland Ozone Regulations

The Ohio EPA recently submitted comments suggesting changes to the Ohio EPA regarding their draft rules to comply with Cleveland’s incoming downgrade to serious-nonattainment status for nitrogen oxides (NOx).

Federal law requires the Ohio EPA to implement new regulations on the Northeast Ohio region that will place restrictions on air emissions until the area is in compliance with Clean Air Act requirements. The OMA will continue to push for workable rules for manufacturers as the agency weights policies to comply with federal law. 3/6/2024

Ohio EPA Announces Shift in Resource Exchange Platform

The Ohio Materials Marketplace has moved to Rheaply’s Resource Exchange platform. The new platform continues to create a closed-loop, collaborative network of businesses, organizations, and entrepreneurs that aims to divert waste from landfills, generate significant cost savings, energy savings, and create new jobs and business opportunities. The platform remains free for all Ohio members and has improved capabilities to make the transaction process easier.

If you have not yet transitioned to the new Ohio Materials Marketplace, sign up here. 3/4/2024

U.S. EPA Reverses Course, Proposing to Reinsert Nuisance Rule Back Into Ohio’s SIP

U.S. EPA issued a proposed rule last week to reverse its prior November 2020 final action removing Ohio’s air nuisance rule from the Ohio State Implementation Plan (SIP). The proposed rule follows a 6th Circuit decision remanding the 2020 removal action back to the EPA for further consideration.

The OMA supported the November 2020 final action and filed an amicus brief in the 6th Circuit matter, urging the court to uphold the EPA’s decision. The current proposed rule would determine that the prior November 2020 action was in error and correct that action by reinstating the air nuisance rule back into the SIP. 2/29/2024

Ohio EPA Holds Webinar on 2024 Climate Pollution Reduction Grant

The Ohio EPA recently held a webinar covering the 2024 Climate Pollution Reduction Grant and laying out the phases for implementation.

The Climate Pollution Reduction Grant is meant to assist in the development and implementation of strong climate pollution strategies. The program provides funding to state, local, and non-governmental organizations to develop and implement projects and programs that reduce greenhouse gas emissions, increase energy efficiency, and promote cleaner energy usage 2/21/2024

Ohio, Indiana, West Virginia Call for Halt to ‘Good Neighbor’ Plan

This week, the Supreme Court heard the case from Ohio, Indiana, and West Virginia looking to halt the ‘Good Neighbor Plan‘ set by the Biden administration, which tightens nitrogen oxide emissions levels from power plants and other industrial sources.

Under the plan, states that contribute to smog, including Ohio, are required to submit plans ensuring that coal-fired power plants and other industrial sites don’t add significantly to air pollution in other states.

This topic will be covered at the April 24th OMA Environmental Committee meeting. 2/21/2024

EPA Looks at Dialing Back Tailpipe Emission Targets

After repeated calls by the Big Three Automakers as well as the United Auto Workers, the EPA has signaled the intent to modify tailpipe emission standards in March, reducing the yearly emission target and decreasing the projected overall share of EV sales that automakers must achieve. 2/21/2024