The U.S. Environmental Protection Agency (EPA) is proposing to approve Ohio EPA’s request to remove the state’s air nuisance rule from Ohio’s air quality plan, a positive step toward clearer and more predictable regulation. The agency said Ohio has sufficient control requirements and enforcement tools in place to protect air quality without relying on the nuisance rule.

The proposal follows action in Ohio’s state budget directing Ohio EPA to seek removal of air nuisance rules from the State Implementation Plan. EPA also noted Ohio has other enforceable, pollutant-specific air standards in place and described the nuisance rule as an “outmoded mechanism” for controlling criteria pollutants.

“This is a win for regulatory clarity and common sense,” said James Lee, managing director of public policy services at the Ohio Manufacturers’ Association. “Ohio’s air program should be built on clear, enforceable standards, not vague nuisance provisions that create uncertainty without improving air quality. EPA’s proposal recognizes that Ohio can protect air quality while giving regulated businesses a more predictable framework.”

Comments are due June 29. 5/28/2026