News and Analysis
Biden Administration Releases Regulatory Agenda
June 30, 2022According to the National Association of Manufacturers, the Biden administration has published its bi-annual report on actions that federal agencies plan to issue. The spring edition includes 2,673 “active” actions that agencies expect to work on — but not necessarily finalize — during the next 12 months.
Notably, the U.S. EPA plans to take action on national ozone standards, long-term emission standards for cars and light-duty trucks, and Section 401 of the Clean Water Act. Also, a final rule adding at least a dozen chemicals to the Toxic Release Inventory, which requires industrial facilities to report how much of a chemical is released into the environment, is anticipated in November 2022. 6/29/2022
What’s Next for SEC’s Proposed Climate Rule?
June 24, 2022The public comment period for the climate-related disclosures proposal from the Securities and Exchange Commission has ended. Now the SEC is expected to craft a final rule at a time when the global energy crisis is front and center, reports say. Meanwhile, on Capitol Hill, Republicans say they will target green regulations and ESG investment pressures if they retake control of the U.S. House in 2023. 6/20/2022
Aug. 30 Deadline for New Industrial Stormwater Permit
June 24, 2022Last month, Ohio EPA issued the next generation of the Industrial Stormwater – General Permit, also known as the Multi-Sector General Permit (MSGP). A copy of the new permit is available on the Ohio EPA website. OMA Connections Partner Vorys says facilities that have stormwater discharges permitted by the current generation of the MSGP must submit a new Notice of Intent for coverage under the new permit by Aug. 30. 6/23/2022
EPA: No Safe Level for Two ‘Forever Chemicals’
June 17, 2022The U.S. EPA has sharply lowered safe-consumption levels for so-called “forever chemicals” — a nickname for per- and polyfluoroalkyl substances (PFAS) — in drinking water. The agency is revising its health advisory for two types of PFAS (known as PFOA and PFOS) to near zero, while setting new drinking water advisories for two other types of PFAS (GenX and PFBS).
While not legally enforceable at this time, the new levels could have far-reaching effects on state drinking water regulations, according to reports. Last month, the U.S. EPA added five PFAS chemicals to a list used to determine if response or remediation activities are necessary. 6/15/2022
Webinar: Ohio EPA and OSHA’s On-Site Consultation Programs
June 17, 2022If you wear multiple hats at your business — managing your environment, safety, and health regulations — consider registering for an Aug. 9 webinar hosted by Ohio EPA and OSHA. This virtual event will address the agencies’ free, on-site consultation programs, which help businesses navigate regulations and allow them to ask questions without risk of penalty. 6/16/2022
Ohio EPA Official: Cincinnati to Regain Ozone Attainment Status
June 10, 2022On June 8, the OMA’s Environment Committee held its second meeting of 2022. Sponsored by OMA Connections Partner Jones Day, approximately 60 members attended either in person or virtually. In addition to updates on recent Statehouse activity, members heard from Ohio EPA’s Bob Hodanbosi, who oversees the division of air pollution control.
In his presentation, Hodanbosi provided insight on the U.S. EPA’s cross-state air pollution rule. He also informed members that Cincinnati has been redesignated as in attainment for ozone levels, but Cleveland is expected to be “bumped up” to the level of moderate non-attainment. (Click here for updates on the ozone attainment status of both cities.) Christy Schirra of Bricker & Eckler LLP, the OMA’s general counsel, also briefed members on key topics.
The committee is scheduled to meet again Oct. 5. 6/8/2022
U.S. EPA Targets Another Trump-Era Policy
June 10, 2022U.S. EPA has proposed a rule to reverse a Trump-era decision on water permitting projects by revising Section 401 of the Clean Water Act. Former President Trump had prioritized Section 401 reform to fast-track major energy projects. The National Association of Manufacturers says the U.S. EPA’s newly proposed rule does not go far enough “to stop activists from abusing what were intended to be important water protections.” 6/7/2022
NAM Files Comments on SEC’s Climate Proposal
June 10, 2022Earlier this year, the U.S. Securities and Exchange Commission (SEC) unveiled a proposal to institute broad, sweeping climate disclosure obligations for publicly traded companies. This proposed rule would mandate reporting on complex climate-related information — including greenhouse gas emissions — regardless of whether the information has an impact on the company’s financial performance.
The National Association of Manufacturers (NAM) has filed comments on the SEC’s proposed rule and provided recommendations that would lessen burdens on companies while still providing material information to investors. The official comment period closes June 17. The SEC plans to finalize its rule by the end of the year. 6/9/2022
Environmental Roundup: Manufacturing Leads Sustainability Efforts, Survey Finds
June 3, 2022- A new global survey of nearly 1,500 executives across multiple industries finds manufacturing executives are the most optimistic about their companies’ commitment to sustainability, according to this summary in IndustryWeek.
- OMA Connections Partner Vorys has published this insight on Ohio EPA’s next generation of the Industrial Stormwater – General Permit, also known as the Multi-Sector General Permit (MSGP). Facilities that have stormwater discharges permitted by the current generation of the MSGP must submit a new notice of intent for coverage under the new permit by Aug. 30.
- On June 21, Ohio EPA will host a complimentary webinar on stormwater permitting requirements for industrial activity.
The OMA Environment Committee will meet Wednesday, June 8 at 10 a.m. If you haven’t already, register here. 6/2/2022
DOJ Unveils Environmental Justice Strategy
May 26, 2022The U.S. Department of Justice (DOJ) has taken multiple actions to devote more attention to the Biden administration’s “environmental justice” efforts. OMA Connections Partner Thompson Hine has published this summary of the agency’s activities, noting that the regulated community can expect “more creativity from DOJ and its partners in attempts to pursue and address environmental justice concerns.” 5/24/2022