Environment

Tuesday’s election results have cast new doubt on federal permitting reform, potentially delaying efforts to streamline environmental reviews and speed approval of major infrastructure projects. According to Axios, Democrats’ incoming control of Congress has complicated negotiations over a bipartisan agreement before year’s end.

Analysts are lowering expectations for a deal, with Rapidan Energy Group estimating just a 20% to 25% chance of passage during the lame-duck session. Some Democrats favor postponing negotiations until 2027, seeking greater influence over provisions governing environmental protections, public input and project approvals.

“Ohio manufacturers depend on federal permitting decisions that can determine when critical infrastructure projects move forward,” said James Lee, OMA managing director of public policy services. “When Washington allows environmental reviews to drag on unnecessarily, the costs ripple through supply chains, delay investment and make American manufacturing less competitive. Congress has an opportunity to make the process more efficient without compromising environmental protections.”

Ohio’s manufacturing economy depends on timely approvals for infrastructure and industrial investments, particularly in energy-intensive sectors such as steel, chemicals and automotive production. Another year of congressional gridlock could leave projects facing uncertain timelines, higher development costs and tougher competition for investment from other states. 11/5/2026

Lengthy federal permitting reviews are driving up costs, delaying infrastructure development and creating uncertainty for manufacturers planning major investments. The Ohio Manufacturers’ Association (OMA) has joined a broad national coalition urging Congress to advance bipartisan reforms that would make the permitting process faster, more predictable and less costly.

In a letter to congressional leaders, OMA joined the National Association of Manufacturers, American Petroleum Institute, JobsOhio and more than 100 other organizations in supporting the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653). The coalition is seeking changes to federal permitting requirements that can delay energy projects, infrastructure improvements and industrial development.

“Manufacturers can’t make long-term investment decisions when permitting timelines are unpredictable,” said James Lee, OMA managing director of public policy services. “Ohio needs a system that protects the environment without allowing unnecessary delays to drive up costs, stall projects and put jobs at risk.”

The legislation would address delays involving the National Environmental Policy Act, Clean Water Act Section 401, nationwide permits and judicial reviews. Supporters say clearer timelines and fewer duplicative reviews would help projects move forward while maintaining environmental protections. With Ohio competing for new manufacturing facilities, expansions and energy infrastructure, permitting certainty can influence where companies choose to invest and create jobs. 10/26/2026

The Ohio Environmental Protection Agency has submitted documentation to the U.S. Environmental Protection Agency (EPA) seeking to exclude certain air quality readings from 2023 and 2025 that may have been influenced by exceptional events beyond the state’s control. The submissions address fine particulate matter (PM2.5) episodes in Hamilton, Lucas and Stark counties.

Under the federal Clean Air Act, states may request that air quality data affected by exceptional events, such as wildfire smoke, be excluded from regulatory determinations. Without those exclusions, unusually high pollution readings could contribute to stricter air quality designations, potentially complicating permits for new manufacturing facilities, plant expansions and equipment upgrades.

The demonstrations underwent public comment from Sept. 17 through Oct. 19, with Ohio EPA reporting supportive comments. The agency submitted the documentation Oct. 21 for EPA review.

“Air quality designations influenced by exceptional events can mean longer permitting timelines, higher compliance costs and delayed investments in Ohio manufacturing facilities,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Manufacturers should be held accountable for their own emissions, not penalized for extraordinary pollution events beyond their control. Getting these determinations right matters to Ohio’s ability to attract investment and support manufacturing jobs.” 10/26/2026

Every delayed factory expansion, equipment upgrade or new manufacturing facility carries a cost. Federal permitting burdens cost American manufacturers at least $7.9 billion annually, diverting resources from industrial investment, job creation and stronger domestic supply chains.

Ohio manufacturers need predictable timelines to make major capital investments, argues James Lee, managing director of public policy services for the Ohio Manufacturers’ Association (OMA). Writing in Crain’s Cleveland Business, Lee calls for reforms that reduce duplicative reviews, prevent prolonged litigation and give manufacturers greater certainty without compromising environmental protections.

Lee highlights efforts by Ohio Sens. Jon Husted and Bernie Moreno to advance permitting reform, including legislation to streamline federal reviews and accelerate critical infrastructure projects. OMA participated in an Oct. 13 roundtable hosted by Husted in Columbus, joining Sen. John Barrasso and other industry leaders to discuss the challenges slowing manufacturing investment.

The emerging bipartisan Senate framework would establish clearer environmental review deadlines, limit prolonged legal challenges and improve coordination between federal and state regulators. The stakes extend well beyond individual facilities, affecting suppliers, workers and communities across Ohio. “We should not lose the next manufacturing investment because another country can approve a project faster than we can,” Lee writes. 10/19/2026

The Ohio Manufacturers’ Association (OMA) is joining a national coalition urging the U.S. Environmental Protection Agency to provide clear guidance, a fully tested reporting platform and sufficient preparation time before implementing federal PFAS reporting requirements under the Toxic Substances Control Act.

In a letter to EPA leadership, the coalition requests at least six months for companies to prepare and a reporting window of at least six months, citing the complexity of collecting historical manufacturing and import data.

“Manufacturers shouldn’t have to guess what EPA expects or scramble to meet a deadline before the reporting system is ready,” said James Lee, OMA director of public policy services. “Get the rules and the technology right, give companies enough time to do the work, and EPA will get better data.” 9/30/2026

Gov. Mike DeWine announced Tuesday that he has directed Ohio EPA to begin the process of ending the E-Check vehicle emissions testing program in seven northeast Ohio counties. The announcement follows the U.S. Environmental Protection Agency’s (EPA) June decision to redesignate the Cleveland region as meeting federal ozone standards.

“Northeast Ohio’s improved air quality reflects decades of investment by businesses, communities and the state,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “As conditions change, it makes sense to review existing requirements while ensuring that environmental progress continues.”

Ohio EPA will seek public comment in October and hold a public meeting in November before submitting its request to the federal government. E-Check will remain in place until U.S. EPA approves the state’s proposal. 9/29/2026

A federal appeals court has vacated EPA’s 2024 methylene chloride rule, wiping away restrictions and workplace requirements that would have imposed significant new compliance obligations on manufacturers. The Fifth Circuit found legal errors in EPA’s approach and concluded that key parts of the agency’s decision were not supported by substantial evidence.

The Ohio Manufacturers’ Association (OMA) raised many of the same concerns before the rule was finalized. In 2023 comments, OMA warned EPA against layering a new federal workplace chemical program on top of existing OSHA standards and urged the agency to recognize how manufacturers already manage methylene chloride safely in regulated workplaces.

“This is a big win for common-sense regulation,” said James Lee, OMA managing director of public policy services. “Manufacturers should not be forced to navigate overlapping federal rules that ignore existing workplace protections and real-world manufacturing practices. OMA raised those concerns three years ago, and this decision shows why it was important to speak up.”

OMA also warned that a broad restriction could disrupt critical manufacturing applications where no viable substitute exists, including certain uses involving acrylic and polycarbonate bonding.

The rule now goes back to EPA for further consideration. For manufacturers, the decision removes near-term compliance burdens while giving the agency another opportunity to craft a rule that better reflects actual conditions of use in industrial workplaces. 9/22/2026

The U.S. Environmental Protection Agency has repealed federal carbon emissions limits for coal- and natural gas-fired power plants, removing requirements that would have pushed many facilities toward costly carbon capture technology.

EPA announced the move this week during the G20 energy ministers meeting in Houston, saying the previous standards created unnecessary barriers to new generation and imposed significant compliance costs. The agency estimates the repeal will save the power sector approximately $370 million in direct compliance costs.

Ohio manufacturers are already absorbing significant electricity costs, so federal rules that affect generation economics and compliance expenses matter directly to their competitiveness.

“Manufacturers should not be asked to absorb higher electricity costs because of federal rules that add expense without a clear benefit to reliability,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Businesses making long-term investments need rules that are clear, workable and unlikely to change every few years.”

The repeal is expected to face legal challenges, while utilities remain subject to other federal requirements and, in some states, separate emissions standards. 9/15/2026

The U.S. Environmental Protection Agency (EPA) is weighing changes aimed at cutting permitting delays tied to new data centers and other industrial development.

EPA Administrator Lee Zeldin said the agency is reviewing Clean Air Act requirements affecting temporary gas turbines and considering greater state flexibility over public notice requirements for certain smaller pollution sources.

The implications extend well beyond data centers. In Ohio, lengthy permitting timelines and overlapping federal requirements can add cost, delay investment and make it harder for companies to expand on schedule.

“Ohio is in a better position than Washington to understand the industries and communities affected by these decisions,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association (OMA). “More state flexibility can help cut unnecessary delays without lowering the environmental standards companies are expected to meet.”

OMA will continue tracking the rulemaking and its potential impact on industrial investment in Ohio. 9/10/2026

A federal regulatory change could make U.S. Army Corps of Engineers permitting easier to navigate in Ohio.

Beginning Oct. 1, the Army Corps will realign regulatory boundaries across Ohio and several neighboring states. The Huntington District will become the regulatory point of contact for the Corps’ entire area of responsibility in Ohio, giving applicants and partner agencies a clearer single-district contact within the state. The Corps says the move is intended to improve consistency, coordination and customer service while leaving its regulatory mission, authorities and environmental protections unchanged.

The change should reduce one layer of uncertainty for manufacturers navigating federal permitting, where confusion over jurisdiction and agency contacts can slow projects before substantive review even begins.

“Anything that makes the permitting process clearer, more consistent and easier to navigate is a step in the right direction,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Manufacturers need regulatory certainty when they are making decisions about investing and growing in Ohio.”

The Army Corps says existing actions will be transferred or retained as appropriate to maintain continuity, while Section 408 requests will continue to be handled by the district responsible for the applicable civil works project. 8/31/2026

The Ohio Manufacturers’ Association (OMA) has joined a broad coalition led by the National Association of Manufacturers urging U.S. Environmental Protection Agency (EPA) to take a transparent, science-based and predictable approach to future Toxic Substances Control Act (TSCA) risk management regulations.

The coalition’s principles call for EPA to rely on the best available science, tailor requirements to identified risks, consider economic and supply chain impacts, and avoid duplicative or conflicting regulations.

“Manufacturers need environmental regulations that are reasonable, necessary and transparent,” said James Lee, OMA managing director of public policy services. “As EPA develops these rules, the process should be grounded in sound science and give manufacturers the regulatory certainty they need to plan, invest and compete.”

EPA is expected to issue several TSCA risk management rules over the coming year, putting these principles squarely in play as the agency develops its next round of regulations. 9/3/2026

A national environmental group is asking a federal court to overturn U.S. EPA approval of Ohio’s air pollution plan for the Cleveland area, putting several major industrial facilities back in the regulatory crosshairs.

The Natural Resources Defense Council argues EPA should have required stricter pollution controls and additional emissions reporting from facilities including Cleveland-Cliffs’ Cleveland Works, PPG Industries, Lubrizol, Henkel and Owens Corning.

The case now heads to the U.S. Court of Appeals for the Sixth Circuit, where the outcome could determine whether affected facilities face another round of regulatory scrutiny and potentially tighter Clean Air Act requirements.

“This looks like a baseless attempt to relitigate a plan EPA already reviewed and approved,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association (OMA). “Ohio manufacturers should not have to keep paying lawyers and consultants every time an outside group decides the answer it got was not good enough. We are prepared to fight this.”

Manufacturers ready to help OMA fight back against this lawsuit should contact James Lee to learn how to get involved. 8/25/2026

The Ohio Manufacturers’ Association (OMA) is urging Ohio Environmental Protection Agency (EPA) to preserve flexibility in proposed nutrient rules that could impose major costs without delivering meaningful water-quality gains.

In comments submitted this week, OMA generally supported Ohio EPA’s scientifically based approach to nutrient regulation but warned that several provisions could expose manufacturers to unnecessary capital investments, operating costs and even operational disruptions. OMA is asking the agency to expand the use of adaptive management and avoid rigid, one-size-fits-all phosphorus limits when site-specific solutions could produce better results.

“Good environmental policy should solve an actual environmental problem,” said James Lee, managing director of public policy services at OMA. “If a facility contributes very little to a nutrient impairment, forcing it to spend enormous amounts of money on treatment that produces little measurable improvement is neither sound policy nor sound science. We’re asking Ohio EPA to preserve the flexibility to match the solution to the problem.”

OMA also urged Ohio EPA to use actual discharge flows rather than facility design capacity when determining which industrial facilities are covered and to provide additional flexibility for small dischargers whose nutrient loads are not driving water-quality impairment.

The association further recommended allowing load-based limits and other tailored approaches as alternatives to bright-line concentration limits, particularly when costly infrastructure upgrades would provide little environmental benefit. 8/24/2026

Stormwater violations are not always the result of major failures. Sometimes, they start with a missed inspection, a bad sample or an everyday activity nobody realized created a problem.

A new BSI analysis highlights four common stormwater compliance mistakes that can put permits at risk, including gaps in inspections, sampling, training and routine site practices.

“Those are exactly the kinds of issues that can sneak up on a facility,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Members should not assume that having a stormwater plan on paper means they are covered. The real question is whether the plan is being followed consistently on the ground.”

Catching those gaps early can help avoid bigger compliance and permitting problems later. 8/24/2026

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