Environment

The Ohio Manufacturers’ Association (OMA) submitted comments this week supporting Ohio EPA’s effort to reinstate the emergency affirmative defense provision in Ohio’s Title V air permitting rules. The move follows a D.C. Circuit Court decision reversing U.S. EPA’s removal of the narrow defense from federal operating permit regulations.

The provision helps protect facilities from liability when an emissions exceedance results from a true emergency, not routine operations or poor planning. OMA said reinstating the defense would provide greater operational certainty and reduce the risk of costly enforcement disputes tied to circumstances outside a facility’s control. OMA also requested to remain involved as Ohio EPA develops proposed rule language.

“Manufacturers should not face unnecessary liability when a true emergency, outside their control, causes an emissions exceedance,” said James Lee, OMA managing director of public policy services. “Ohio EPA’s action restores a narrow, commonsense safeguard while maintaining strong environmental protections and accountability.” 5/11/2026

Manufacturers have several environmental, health and safety compliance deadlines approaching this year, including major reporting and workplace chemical requirements that could affect facility operations. A recent BSI overview highlights key 2026 dates, including annual air emissions inventory reports, DOT hazardous materials registration by June 30, EPA Toxic Release Inventory reporting by July 1, EPA PFAS reporting by Oct. 13 and OSHA Hazard Communication Standard employer updates by Nov. 20.

The PFAS deadline deserves special attention. Companies that manufactured, imported or used PFAS in manufacturing processes may need to review activity dating back to 2011, making early preparation critical.

“These are not check-the-box deadlines,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “PFAS, TRI, air emissions and chemical reporting rules can carry real operational and compliance consequences. Manufacturers should be reviewing their obligations now, not scrambling after the deadline is already here.” 5/11/2026

The U.S. Environmental Protection Agency (EPA) has extended the comment period on proposed revisions to federal ethylene oxide (EtO) standards for commercial sterilization facilities, with comments now due May 15. The proposal would reconsider parts of a 2024 rule that the U.S. Small Business Administration’s Office of Advocacy warned could drive small sterilization providers out of the market, disrupt medical device supply chains and affect manufacturers that rely on sterilized products.

EPA’s proposal would revise standards for new aeration room vents, give facilities a choice between parametric monitoring and continuous emissions monitoring, and rescind the permanent total enclosure requirement. EPA estimates the changes could reduce costs by roughly $43 million to $48 million a year from 2026 to 2046.

“Environmental rules need to protect communities without breaking the supply chains that patients, workers and manufacturers depend on,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “EPA’s proposal is a reminder that technical feasibility, cost and real-world implementation have to matter in federal rulemaking.” 5/5/2026

State leaders used an Earth Day celebration at COSI to showcase the continued growth of H2Ohio, Gov. Mike DeWine’s signature clean water program focused on agriculture, infrastructure and conservation across Ohio. Families explored hands-on exhibits while officials highlighted efforts to reduce nutrient runoff, improve drinking water systems and restore wetlands.

The program has become an important example of environmental policy tied to measurable results, practical implementation and long-term community benefit.

“H2Ohio has proven that practical environmental policy can actually get things done,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Cleaner water, stronger communities and measurable results beat political talking points every time.” 4/27/2026

Ohio manufacturers that file Toxic Release Inventory (TRI) reports should take a fresh look at how they are tracking PFAS before reporting deadlines arrive. A new compliance review warns companies can get exposed by hidden PFAS in inputs or additives; mistaken assumptions about exemptions and poor coordination between environmental, health and safety (EHS); purchasing; operations; and legal teams. With the U.S. Environmental Protection Agency’s PFAS reporting list expanded and thresholds remaining low, small misses can create outsized compliance headaches.

“Too many companies still think PFAS reporting starts and ends with the environmental team,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Manufacturers should be pressure-testing purchasing data, supplier disclosures and internal communication now, before a reporting issue becomes an enforcement issue.” 4/27/2026

In an op-ed published Monday in Crain’s Cleveland Business during Earth Day week, James Lee, managing director of public policy services for the Ohio Manufacturers’ Association, challenged the stale narrative that manufacturers stand in the way of environmental progress.

Writing in response to the U.S. Environmental Protection Agency’s proposal to redesignate the Cleveland area to attainment for the 2015 ozone standard, Lee argued that Ohio’s Earth Day story should be judged by measurable results, not old assumptions.

Lee pointed to decades of emissions reductions by manufacturers and said the region’s cleaner air reflects long-term investment in better technology, smarter processes and more efficient operations. The Cleveland attainment proposal, he wrote, is not just an environmental milestone. It is proof that industrial progress and environmental progress can move in the same direction.

“Ohio did not have to choose between a stronger economy and a cleaner environment,” Lee wrote.

Lee’s point was simple. Ohio’s manufacturers are not standing in the way of environmental progress. They helped deliver it. 4/20/2026

The Ohio Environmental Protection Agency (EPA) is proposing updates to its Title V air permitting rules that would reinstate the “emergency” affirmative defense, a provision allowing facilities to defend against penalties for certain emissions violations caused by emergencies such as sudden equipment or system failures.

The change could restore a limited legal safeguard when violations occur despite proper operation and maintenance, while still requiring strict documentation and compliance.

The agency is seeking stakeholder input during the Interested Party Review phase, and manufacturer feedback could help shape how the rule works in practice.

Members with technical expertise or operational experience relevant to the proposal are encouraged to weigh in. Those interested in providing feedback should contact James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. 4/14/2026

An Ohio Environmental Protection Agency (EPA) hearing this week on a draft air permit for a proposed natural-gas power plant serving a large data center project in northwest Ohio offered the latest example of how speculative load claims are beginning to drive major infrastructure proposals beyond utility cases and into environmental permitting.

The proposed facility would provide dedicated power for the project and must secure an Ohio EPA permit-to-install before construction can move forward. The hearing shows that the data center debate is no longer confined to utility cases and grid planning. It is now reaching environmental permitting as well.

James Lee, managing director of public policy services for the Ohio Manufacturers’ Association, said the hearing reflects the need for regulators and policymakers to keep demanding proof before large claims turn into long-term decisions.

“Big claims do not become facts just because they show up in a permit proceeding,” Lee said. “Before Ohio commits to major infrastructure with lasting environmental consequences, regulators should know the demand behind it is real.”

The hearing adds to Ohio’s broader debate over data center growth, grid strain and whether infrastructure decisions are being driven by verifiable demand or projections moving faster than the facts. 4/14/2026

The U.S. Environmental Protection Agency (EPA) on Wednesday proposed redesignating the Cleveland region to attainment for the 2015 federal ozone standard, marking an important milestone for air quality and economic development in Northeast Ohio.

Speaking at the announcement, James Lee, the managing director of public policy services for the Ohio Manufacturers’ Association, said the decision reflects decades of investment by manufacturers in cleaner, more efficient operations and a long-term commitment to environmental progress.

“Ohio manufacturers have shown you can grow the economy while dramatically reducing emissions,” Lee said. “The proposed redesignation recognizes real environmental progress while providing the regulatory certainty businesses need to keep investing and creating jobs.”

Lee said the milestone shows what is possible when environmental progress and economic growth move forward together, giving manufacturers greater confidence to invest, expand and compete in northeast Ohio. 4/8/2026

Environmental policy changes with growing implications for Ohio manufacturers drove Thursday’s Ohio Manufacturers’ Association (OMA) Environment Committee meeting, where regulators, attorneys and industry leaders examined what is changing and what it means for business.

Ohio Environmental Protection Agency (EPA) Director John Logue outlined how the agency is aligning Ohio’s regulatory approach with evolving U.S. EPA priorities, including heightened scrutiny of PFAS and new federal air regulations that could affect industrial operations.

Former Ohio EPA Director Chris Jones of Calfee, Halter & Griswold examined potential changes to the 2009 Endangerment Finding and what shifting greenhouse gas reporting requirements could mean for manufacturers making long-term investment decisions.

OMA staff and legal counsel also briefed members on legislative and regulatory developments affecting environmental compliance in Ohio.

“Environmental policy is shifting quickly, and manufacturers need a clear view of what is changing, what is coming and where Ohio fits in,” said James Lee, OMA managing director of public policy services.

The takeaway was unmistakable. Regulatory change is accelerating, and manufacturers need to stay ahead of it. 4/9/2026

Federal scrutiny of PFAS and related contaminants is intensifying as Ohio manufacturers continue pressing for a more workable approach in Columbus. The U.S. Environmental Protection Agency (EPA) would add microplastics and pharmaceuticals to its sixth Contaminant Candidate List, beginning a new phase of monitoring under the Safe Drinking Water Act and helping shape what future drinking water regulation could look like. The move follows a petition from seven governors and 175 environmental and health groups, and that EPA also plans human-health benchmarks for 374 pharmaceuticals. The pressure is building as the Ohio Manufacturers’ Association (OMA) warns House Bill 272 still threatens manufacturers with compliance uncertainty, supply chain disruption and sweeping future rulemaking authority over PFAS-containing products.

“Federal scrutiny is clearly moving in one direction, and that makes it even more important for Ohio to avoid a policy response that creates more confusion than clarity,” said James Lee, OMA managing director of public policy services. “Manufacturers need a science-based approach that protects health, preserves essential chemistries and gives businesses a workable path to comply.” 4/6/2026

The Ohio Manufacturers’ Association (OMA) is engaging early as Ohio Environmental Protection Agency (EPA) begins reviewing water-quality rules that could affect permits, compliance obligations and operating flexibility for manufacturers in parts of the state. OMA submitted comments during the agency’s early stakeholder outreach on potential updates to beneficial use designations in the Maumee, Ashtabula and Muskingum drainage basins and asked to stay involved as draft rule language is developed.

Those designations help determine the water-quality standards applied to specific rivers, streams and other surface waters, shaping permit limits and Section 401 water-quality certifications. Ohio EPA said the review could revise classifications for certain waters, add currently undesignated waters to the rules and verify existing designations as part of the agency’s required five-year review.

Because more stringent classifications can directly affect permitting flexibility and costs, early engagement helps ensure the process remains transparent, workable and grounded in practical conditions. 4/7/2026

The Ohio Manufacturers’ Association (OMA) will open its 2026 Environment Committee schedule this Thursday, April 9 with a gathering focused on the policy and regulatory changes shaping manufacturers’ environmental obligations in Ohio. Ohio Environmental Protection Agency (EPA) Director John Logue will discuss federal-state alignment around U.S. EPA priorities, including PFAS and air regulations. Former Ohio EPA Director Chris Jones of Calfee, Halter & Griswold will provide an outlook on changes to the 2009 Endangerment Finding and evolving greenhouse gas reporting requirements. OMA staff and legal counsel also will report on legislative and regulatory developments affecting manufacturers.

“Environmental policy is shifting quickly, and manufacturers need a clear view of what is changing, what is coming and where Ohio fits in,” said James Lee, OMA managing director of public policy services.

Register now to join OMA in person or via Zoom. 4/3/2026

The Ohio Manufacturers’ Association (OMA) yesterday welcomed a U.S. Environmental Protection Agency (EPA) decision handing Ohio the lead on hazardous waste permitting, calling it a smart shift that should cut red tape and give manufacturers more certainty.

The announcement was made in Zanesville, where U.S. EPA Regional Administrator Anne Vogel joined Ohio EPA Director John Logue and U.S. Rep. Troy Balderson to mark the change. U.S. EPA said Ohio is now the primary permitting authority for all aspects of hazardous waste permits under the Resource Conservation and Recovery Act, while the program will continue to operate under federal standards. OMA President Ryan Augsburger said the change should help create a clearer, more predictable permitting process for manufacturers making decisions about investment and growth in Ohio.

“Putting Ohio EPA in the lead is smart government,” Augsburger said in the EPA announcement. “Consolidating RCRA permitting at Ohio EPA cuts red tape, reduces duplication and gives manufacturers more certainty to invest and grow in Ohio.” 4/2/2026

The Ohio Manufacturers’ Association (OMA) is weighing in on a proposed update to Ohio’s air permitting rules that would restore an “emergency defense” for facilities operating under the Clean Air Act. The provision would protect manufacturers from penalties when unavoidable equipment failures or other emergency events temporarily push emissions above permit limits.

The proposal follows a recent court decision in SSM Litigation Group v. Environmental Protection Agency (EPA), which sent Ohio EPA back to its rules. Restoring the emergency defense would bring back an important safeguard when violations are driven by events a facility cannot reasonably prevent, not routine noncompliance.

“This is about recognizing the difference between a true emergency and a preventable violation,” said James Lee, managing director of public policy services for the OMA. “Manufacturers should be held to high standards, but they should not face penalties for events outside their control when they respond appropriately and remain committed to compliance.”

OMA supports reinstating the provision and is working with Ohio EPA to ensure the final rule is clear, fair and practical to administer. 3/27/2026

The Ohio Manufacturers’ Association (OMA) is pressing Ohio EPA on proposed changes to the state’s NOx emissions rules that would clarify key definitions, reshape which facilities are covered and reset compliance timelines under the Clean Air Act. A key revision to the definition of “potential to emit” could change whether certain manufacturers are subject to stricter requirements.

The proposal could shift regulatory obligations and compliance timing in ways that carry real operational and cost consequences. Ohio EPA says the changes are intended to address past inconsistencies, and OMA is pushing to make sure the final rules are clear, fair and workable for manufacturers.

“These are the kinds of technical rule changes that can carry major consequences for manufacturers,” said James Lee, managing director of public policy services for the OMA. “When definitions shift, compliance obligations can shift with them. The rules need to be clear, predictable and grounded in how facilities actually operate.”

OMA is staying engaged as the rulemaking moves forward to help ensure the final requirements are consistent, practical and realistic to implement. 3/26/2026

Blue state attorneys general and big city governments, including Columbus and Cleveland, are suing the Trump administration over the U.S. Environmental Protection Agency’s repeal of the 2009 endangerment finding, the Obama-era legal basis for most federal greenhouse-gas rules.

Ohio was not among the states that joined the case. The repeal could erase greenhouse gas standards for cars and trucks and trigger broader changes affecting power plants and other stationary sources, putting a major piece of federal climate policy back in dispute.

The lawsuit, led by attorneys general in states such as New York, Massachusetts, California and Connecticut, all but guarantees more legal and regulatory whiplash. Politicians are again asking courts to keep Washington at the center of decisions that shape energy costs, capital planning and long-term investment.

“This is what happens when national environmental policy gets dragged back into partisan trench warfare,” said James Lee, OMA managing director of public policy services. “Instead of clarity, employers get more uncertainty, more delay and one more reminder that major business decisions can still be thrown off course by political lawsuits.”

Join OMA on Thursday, April 9, for the first Environment Committee meeting of the year and get a clear read on the environmental policy changes that could reshape compliance for Ohio manufacturers. A key part of the program will be former EPA Director Chris Jones of Calfee, Halter & Griswold, who will break down what changes to the 2009 Endangerment Finding and evolving greenhouse gas reporting rules could mean for your operations. 3/23/2026

A revised version of House Bill 272 has changed shape, but the threat to Ohio manufacturers has not. The substitute bill removes the original 2032 blanket ban on products containing intentionally added PFAS, but replaces it with broad rulemaking authority that would allow the Ohio Environmental Protection Agency (EPA) director to impose future prohibitions. That is not a meaningful retreat. It is a different path to the same kind of disruption.

The bill would still phase in restrictions beginning in 2027 and 2028 across a wide range of products, including cookware, food packaging, cosmetics, textiles, cleaning products and upholstered furniture, while preserving civil penalties of up to $15,000 per violation. That leaves manufacturers facing continued compliance exposure, supply chain risk and uncertainty about how Ohio will regulate essential chemistries going forward. Members who want updates and opportunities to engage as House Bill 272 advances should sign up here to receive notices from Ohio Manufacturers’ Association (OMA) staff.

“Ohio manufacturers should view this bill as a serious threat, not a softened proposal,” said James Lee, managing director of public policy services for the OMA. “The substitute version still opens the door to costly restrictions, compliance exposure and supply chain disruption that could ripple across multiple sectors of the state’s economy.” 3/17/2026

Congress is weighing changes to the Toxic Substances Control Act (TSCA) that could shape how quickly manufacturers gain access to new chemistries and materials. A Senate committee last week reviewed draft legislation to renew TSCA user fees, which expire Sept. 30, and raised concerns that the EPA’s chemical review process has become too slow and unpredictable to support U.S. competitiveness. Lawmakers from both parties agreed reauthorization is necessary, though broader reforms remain unresolved.

“Manufacturers need a chemical review system that is timely, workable and grounded in regulatory certainty,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association (OMA).

The OMA’s Environment Committee will next meet on Thursday, April 9. Book your spot today. 3/9/2026

The U.S. Environmental Protection Agency (EPA) is proposing to sunset paper hazardous-waste manifests, a move that would push covered shipments further into the federal e-Manifest system and change how hazardous-waste handlers manage registration, data corrections and recordkeeping. EPA published the proposed rule this past week and is accepting comments through May 4. The issue is less about headlines than day-to-day compliance: how waste shipments are documented, how errors are corrected and how records are maintained.

“Environmental compliance works best when it is clear, efficient and grounded in how facilities actually operate,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “Any shift away from paper manifests needs to reduce friction, protect accountability and give manufacturers confidence that digital systems will work the way regulators say they will.” 3/11/2026