Environment Management

OMA and Ohio EPA to Hold Briefing on Air Rules

On May 29 at 11 a.m. the OMA and Ohio Environmental Protection Agency (EPA) will host a virtual briefing to discuss major air rules impacting manufacturing including:

• The U.S. EPA’s finalized rule to impose stricter air standards on particulate matter. The proposal is known as PM2.5 (i.e., particles that measure two and a half micrometers or less in diameter); and
• New ozone (NOx) rules impacting manufacturers in northeast and northwest Ohio (Cleveland and Toledo ozone non-attainment).

Register for the virtual briefing. 5/8/2024

Ohio EPA Proposes Increase to Air Permit Fees

The Ohio EPA is considering increases to air permit fees that would support the Division of Air Pollution Control’s (DAPC) staffing operations in order to remain compliant with U.S. EPA standards. Fees have remained unchanged for 30 years.

Ohio EPA notes that their proposed fee structure is lower than neighboring states who have also been prompted to raise their fees in recent years. Synthetic Minor permits will see the most significant increases in fees.

Members interested in working with OMA staff on this issue should complete this form. 5/9/2024

State of Ohio Accepting Project Applications for 2024 Wetland Grant Program

The Ohio Department of Natural Resources (ODNR) is currently accepting applications for the 2024 Statewide Wetland Grant Program, as part of Governor DeWine’s H2Ohio initiative. This program aims to fund high-quality natural infrastructure projects that will enhance water quality and reduce nutrient runoff across the state.

The grant offers up to 100% funding for eligible projects, with a minimum funding request of $50,000, and no maximum cap. In 2023, ODNR allocated $8.2 million in H2Ohio grants to support 12 new wetland projects in 11 Ohio counties, benefiting a variety of grantees including non-profits, park districts, and local entities. 5/6/2024

US EPA Finalizes Methylene Chloride Rule

This week, the US Environmental Protection Agency (US EPA) finalized its rule on methylene chloride banning its commercials use under the 2016 Toxic Substances Control Act.

Methylene chloride, typically used as a paint stripper, would still be allowed in certain “critical” uses in the military and industrial processing.

The OMA submitted a letter which received national attention urging the US EPA to allow these acceptations as methylene chloride is critical as an adhesive in manufacturing acrylics and polycarbonates. 4/30/2024

Ohio EPA to Host Solid Waste Webinar

The Ohio Environmental Protection Agency (Ohio EPA) will host a webinar on Thursday, May 16, on potential exclusions of some hazardous waste. 

The webinar will cover the hazardous secondary material exclusions that allow some wastes, normally considered hazardous, to be excluded when recycled.

The Ohio EPA will also discuss the new definition of solid waste rules recently adopted and some of the requirements for utilizing some new exclusions of hazardous secondary materials contained in them. Click here to register. 4/30/2024

Toledo and Lucas County Commissioners Sue U.S. EPA

Lucas County and the City of Toledo have filed a lawsuit against the U.S. Environmental Protection Agency (US EPA). The lawsuit alleges that the EPA knowingly violated the Clean Water Act by approving the total maximum daily load (TMDL) plan to restore the western basin of Lake Erie. This legal action is part of a broader effort to combat harmful algal blooms in Lake Erie, which have been a persistent environmental issue.

The county commissioners argue that the TMDL plan, which is a regulatory component of the Clean Water Act intended to address the cleanup of impaired waters, fails to meet the legal standards necessary to prevent the pollution that leads to these algal blooms. They are particularly concerned about the runoff from “mega farms” and other non-point sources, which they believe is a significant contributor to the problem.

The OMA advocated for the northwest region’s manufacturers during the drafting of the TMDL plan, pushing back against inequitable policy proposals unfairly targeting point sources, which are not responsible for the major sources of pollution that come from non-point sources like agricultural runoff.

OMA Holds First Environment Committee of 2024

This week, the OMA will held its first scheduled Environment Committee meeting of the year. OMA staff and counsel presented on the slew of US EPA regulatory rules rolling out.

The committee also heard presentations from Mary Mertz, Director, Ohio Department of Natural Resources, Ivan Cooper from Civil Environmental Consultants (CEC),on US EPA’s PFAS drinking water standard, Dr. Kimberly Wise White, VP of Regulatory and Scientific Affairs at American Chemistry Council on federal regulatory overreach from the USEPA including PFAS and PM 2.5, and Tim Ling from Plaskolite, who presented on Environmental Health and Safety Standards. 4/24/2024

US EPA Finalizes PFAS Drinking Water Rule

Last week, the US EPA finalized their rule on PFAS limits for drinking water.

The EPA stated that it will focus enforcement on “parties who significantly contributed to the release of PFAS chemicals into the environment, including parties that manufactured PFAS or used PFAS in the manufacturing process…” while ignoring entities such as community and municipal water systems and publicly owned landfills, airports, and treatment works. 4/24/2024

OMA Joins Other Trade Associations Opposing US EPA’s Reinsertion of ‘Air Nuisance’ Rule

The OMA joined other trade associations this week opposing the US EPA’s proposal to reinstate the Air Nuisance rule into Ohio state regulations. The rule would allow activist citizens to target manufacturers with frivolous lawsuits.

The OMA backed the repeal of this rule, which was rescinded by the Trump administration in 2020. 4/24/2024

OMA to Host Environment Committee on April 24

On Wed. Apr. 24, the OMA will hold its first scheduled Environment Committee meeting of the year at Bricker Graydon LLP. Parking can be found at 116 E. State Street, Columbus, Ohio 43215.

Discussion highlights include:

• Presentation from ODNR Director, Mary Mertz
• US EPA’s regulatory rules
• SEC Climate Disclosure
• State air emissions rules and NOx non-attainment for Northeast Ohio
• State Implementation of US EPA’s Nuisance Rule

Please join us in person to enjoy a networking lunch provided by OMA. 4/15/2024