Environment

The Supreme Court of the United States this week temporarily blocked the Environmental Protection Agency’s “Good Neighbor Plan” by a 5 to 4 vote.

In their decision, the court ruled that the emissions-reductions standards set by the plan were likely to cause “irreparable harm” to nearly half of all U.S. states.

The OMA issued a statement on the block, pointing out the unobtainable and damaging standards the rule would have put in place, and thanking Ohio Attorney General Dave Yost for leading the charge to challenge the rule. 6/27/2024

The Ohio Environmental Protection Agency (Ohio EPA) has shifted its Materials Marketplace to a new platform. The marketplace is a free online materials exchange for waste, byproduct, surplus, and expired materials.

Click here to learn more. 6/12/2024

The Ohio Environmental Protection Agency (Ohio EPA) is hosting a virtual meeting on Thurs. June 27 discussing the U.S. EPA’s Cleveland area reclassification to Serious Ozone Nonattainment. This virtual outreach is available to all potentially impacted facilities in the Cleveland area to increase understanding and answer questions. 6/12/2024

The National Association of Manufacturers (NAM) this week filed the opening brief in litigation opposing the U.S. EPA’s proposed PM 2.5 National Ambient Air Quality Standards rule that would impose unattainable new standards on the nation’s manufacturers. The NAM estimates the new rule threatens manufacturers with nearly $200 billion in nationwide compliance costs while potentially killing nearly 1 million jobs. The OMA hosted a webinar with the Ohio EPA last month, detailing the rule’s compliance challenges, impactful regulations, and timeline for state implementation of the new rule. Contact OMA staff to view the webinar. 6/12/2024

USA Today recently published a list of U.S. based companies leading the charge in reducing their carbon footprint. Twenty-five Ohio companies topped the list, including manufacturers The Goodyear Tire & Rubber Company, The J.M. Smucker Company, The Lincoln Electric Company, Worthington Enterprise, Materion, Mettler Toledo, and Timken Steel. To make the list, those companies with more than $50million in revenue must have reduced their carbon intensity (carbon emissions divided by revenue) by at least 3% year-to-year. 6/12/2024

Last week, an op-ed from OMA’s James Lee was featured in Cleveland.com, highlighting the advancements Ohio’s manufacturers have made in propelling the state economy, while also leading the charge in environmental stewardship and responsibility. 5/31/2024

The OMA and Ohio Environmental Protection Agency (Ohio EPA), hosted a joint virtual briefing this week discussing major air rules impacting manufacturers including:

• The U.S. EPA’s finalized rule imposing 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)
• New ozone (NOx) rules impacting manufacturers in northeast and northwest Ohio (Cleveland and Toledo ozone non-attainment). 5/22/2024

On May 29 at 11 a.m., the OMA and Ohio Environmental Protection Agency (Ohio 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)
• New ozone (NOx) rules impacting manufacturers in northeast and northwest Ohio (Cleveland and Toledo ozone non-attainment)

Register for the virtual briefing here. 5/23/2024

The United States Environmental Protection Agency (EPA) last week finalized a rule adding seven new PFAS chemicals to the Toxic Release Inventory (TRI). These PFAS, which are added to the TRI automatically upon review from the EPA, must be added to reports for Year 2024. 5/22/2024

On May 29 at 11 a.m., the OMA and Ohio Environmental Protection Agency (Ohio 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 here. 5/15/2024

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

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

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

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.

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

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

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

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

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

On Apr. 23rd and 24th, Ohio EPA’s Division of Materials and Waste Management and the U.S. EPA will be holding a two-day webinar series to learn about Ohio’s battery industry, from research and development to recycling. To register for Day 1 and Day 2, click the respective links. 4/17/2024