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