Environment Management

2022 State of Decarbonization Report

OMA Connections Partner NRG recently launched its 2022 State of Decarbonization Report. The report is based on a study that examined the real-world decarbonization experiences of 178 organizations. NRG says net-zero targets are becoming the new standard — and the pressure to achieve net-zero goals is shaping business decisions. Click here to access the report. 9/14/2022

Green Energy Tax Credits in the Inflation Reduction Act

The non-partisan Tax Foundation has published this summary of the federal Inflation Reduction Act’s numerous green energy tax credits. The Foundation notes that the new law doesn’t include permitting reform — and that “without significant efforts to cut red tape, new green energy projects could ironically fall victim to regulations, and even activist groups, originally designed to protect the environment.” 9/15/2022

Details on Ohio EPA’s Compliance Conference

The Ohio EPA will host its complimentary Virtual Compliance Assistance Conference Sept. 26-29 and Oct. 3-6. This online event — which will focus on compliance with air, waste, and water regulations — will provide:

• Live-streamed interactive presentations by Ohio EPA’s inspectors, permit writers, and management;
• Live chat with agency experts to answer questions and provide specific guidance; and
• The ability to converse with your peers, industry leaders, and stakeholders.

Click here to see the full agenda and register. 9/8/2022

Experts: New Federal Law Defines CO2 as a Pollutant

Concerns have been raised that provisions in the federal Inflation Reduction Act (IRA) may counteract the U.S. Supreme Court’s recent deregulatory ruling in West Virginia vs. U.S. EPA.

According to this MarketWatch opinion piece by Patrick Parenteau, an environmental law expert, the IRA amends the Clean Air Act to define several greenhouse gases as air pollutants — “so it will help the EPA as it plans future regulations. But it doesn’t specifically grant the EPA new authority to regulate power plants.”

The Competitive Enterprise Institute says nothing in the new law displaces, weakens, or rebuts any of the premises on which the Court decided in West Virginia case. But as noted in this story by The New York Times, some experts say the IRA’s new language will make it more difficult to legally challenge future EPA actions on greenhouse gases. 9/1/2022

Environment Roundup: U.S. EPA Wants to Use Superfund Authority for PFAS Cleanup

• OMA Connections Partner CliftonLarsonAllen has published this update on the federal government’s reinstated Superfund Chemical Excise Tax on taxable chemicals and substances.
• The U.S. EPA wants to utilize its Superfund authority to clean up PFAS chemicals in drinking water, as explained by this insight from OMA Connections Partner Jones Day. (The U.S. Chamber recently released a report estimating these cleanup costs at $17.4 billion.)
• Grid operators — including PJM, whose service area includes Ohio — are urging the U.S. EPA to rethink a series of proposed rules to crack down harder on coal-fired power plants, according to reports.

Meanwhile, the Ohio EPA will host its complimentary Virtual Compliance Assistance Conference on Sept. 26-29 and Oct. 3-6. This online event will provide a series of daily interactive webinar sessions focused on compliance with air, waste, and water regulations. Learn more and register. 9/1/2022

Ohio EPA Webinar to Examine New Rules for NPDES

On Sept. 20, Ohio EPA will host a complimentary webinar to spotlight new and proposed rules that could impact your non-storm water National Pollutant Discharge Elimination System (NPDES) permit. CEUs are available.

Meanwhile, click here to watch a recorded version of Ohio EPA’s recent webinar addressing the state’s new industrial stormwater general permit (OHR000007). 8/25/2022

Ohio Joins Investigation of Morningstar’s ESG Ratings

Financial services and information firm Morningstar Inc. is being investigated by 18 attorneys general — including Ohio AG Dave Yost — for alleged fraud or unfair trade practices tied to the company’s environmental, social and governance (ESG) investing ratings, according to reports. It’s the latest legal action tied to ESG investing, as some experts warn that lawsuits may be the “unintended consequence” of ESG initiatives. 8/22/2022

OMA Submits Comments Regarding Maumee TMDL

On Aug. 17, the OMA submitted these comments to Ohio EPA in response to the agency’s draft Preliminary Modeling Results (PMR) for the Maumee Watershed Nutrient Total Maximum Daily Load (TMDL) project.

The PMR report is the fourth step in Ohio EPA’s five-step process that’s required when the agency is implementing a TMDL. The PMR evaluates sources of phosphorus in the Maumee watershed, describes Ohio EPA’s methods for evaluating loads and allocations, and proposes total phosphorus load allocations for applicable facilities. 8/18/2022

Gov. DeWine Authorizes Funding for New H2Ohio Grant

Gov. Mike DeWine has authorized $5 million for building more two-stage ditches across northwest Ohio in an effort to reduce nutrient runoff. As part of the H2Ohio initiative, which strives to improve water quality statewide, the funding will allow ag producers and other large property owners to apply for two-stage ditch grants. 8/16/2022

A Look at Climate Provisions in Reconciliation Bill

The federal budget reconciliation bill moving through Congress contains roughly $370 billion to promote clean energy and reduce emissions. (See related stories in this Leadership Briefing). Members should be aware that the bill, according to media reports, contains the following climate-related provisions:

• Tax credits for clean energy technologies, such as existing nuclear power plants and advanced nuclear technologies, clean hydrogen, carbon capture and storage, as well as wind and solar power;
• Tax incentives for buyers of North American-built electric vehicles (up to $7,500 in federal tax credits); and
• A fee program to fine businesses that emit methane — the primary component of natural gas — above federal limits.

With respect to manufacturing, OMA Connections Partner RSM notes the bill provides new funding allocations and modifications for the section 48C advanced energy project credit, while adding a new production tax credit for manufacturers of certain solar and wind energy components. 8/8/2022