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