Environment

The OMA held its first Environment Committee of the year this week, updating members on the environmental policy provisions contained in the state operating budget, key pieces of environmental policy that have been introduced, and updates to federal regulatory activity.

The OMA was joined by Mark Johnson, chief of the Ohio EPA’s Division of Surface Water, who updated the committee on the cuts in the state budget to the H2Ohio program, the PFAS rivers survey to be conducted by the agency, and a new rule to determine if streams and rivers are impaired by excessive nutrients, using a weight of evidence approach for consistency. 3/4/2025

A $500 million grant to update a steel plant in Middletown, OH, might be part of the massive cuts made by the Department of Government Efficiency (DOGE).

The plant, operated by Cleveland Cliffs, had received the grant through the Office of Clean Energy Demonstrations to make the plant more environmentally friendly.

That grant, along with others, is now reportedly being reviewed by DOGE, with the unofficial leaked memo saying the grant to Cliffs will be terminated. 3/4/2025

The OMA’s Environment Committee will meet next Thursday, April 10 to discuss the sweeping regulatory changes of Ohio at both the state and federal level.

Ohio EPA Director Anne Vogel will join the committee to update members on statewide initiatives and policy being considered at the Ohio Statehouse. Members will also be updated on:

• The rollback of dozens of U.S. EPA regulations
• The joint resolution seeking to end Ohio’s Nuisance Rule

4/1/2025

Last week, The OMA, together with a coalition of business groups, filed a petition for review with the Sixth Circuit Court of Appeals challenging the U.S. EPA’s final rule that re-inserts the nuisance rule back into Ohio’s state implementation plan (SIP). The rule, promulgated pursuant to the Clean Air Act, was finalized in the final days of the Biden Administration.

The OMA has long championed the removal of the nuisance rule from the SIP, which has already occurred in numerous other states. The presence of the nuisance rule in Ohio’s SIP opens Ohio manufacturers up to citizen suits led by plaintiffs’ attorneys based on vague nuisance claims, even in instances where the facility is in compliance with its permit limits, placing Ohio manufacturers at a competitive disadvantage. 3/17/2025

Four of Ohio’s top lawmakers in Washington are pushing to remove Ohio’s air nuisance rule, a standout regulation unique to Ohio.

Senators Bernie Moreno and John Husted, and Congressman Troy Balderson and Michael Rulli introduced their joint resolution earlier this year, calling the rule a punishment for Ohio by “making our businesses targets for lawsuits that the EPA has explicitly barred in other states.”

The air nuisance rule is part of Ohio’s State Implementation Plan under the federal Clean Air Act. It allows citizens to file suits in federal court in order to enforce the Clean Air Act themselves if they believe a business or other entity has violated the act.

The OMA praised the resolution in a statement with OMA President Ryan Augsburger calling it a “move to return Ohio’s regulatory environment to one of consistency and fairness, allowing Ohio to continue to manage its own policies without federal overreach.” 3/17/2025

The Trump Administration this week signaled its intent to eliminate the U.S. EPA’s Office of Environmental Justice in the latest of sweeping cuts to government agencies in Washington, D.C.

In an internal memo, Director Lee Zeldin informed agency leaders that he was directing “the reorganization and elimination” of the offices of environmental justice at all 10 E.P.A. regional offices as well as the one in Washington. 3/11/2025

U.S. EPA Director Lee Zelden announced a series of actions this week to roll back a slew of environmental regulations, including rules on pollution from coal-fired power plants, climate change, including the PM 2.5 rule, and electric vehicles.

The actions, if approved, would eliminate trillions of dollars in regulatory costs, Zelden stated, adding:

“Our actions will also reignite American manufacturing, spreading economic benefits to communities. Energy dominance stands at the center of America’s resurgence.” 3/12/2025

This week, several members of Ohio’s congressional delegation introduced legislation in Washington D.C. to repeal the U.S. EPA’s nuisance rule for Ohio.

As previously reported, Ohio’s nuisance rule, which was reinstated in the final hours of the Biden administration, is an outlier among other states and exposes our manufacturers to an unprecedented wave of costly federal lawsuits.

The OMA thanked the authors, Representatives Troy Balderson and Michael Rulli, and Senators Jon Husted and Bernie Moreno, in a statement this week, praising the repeal as a move to return Ohio’s regulatory environment to one of consistency and fairness. 3/4/2025

The OMA, along with several business leaders in Ohio, sent a letter to Ohio delegates this week urging them to support the repeal of the U.S. EPA’s nuisance rule for Ohio.

Ohio’s nuisance rule, which was reinstated in the final hours of the Biden administration, is an outlier among other states and exposes our manufacturers to an unprecedented wave of costly federal lawsuits. 2/19/2025

Rapidly advancing legislation to fund transportation agencies for the upcoming two years was amended this week. A substitute version of House Bill 54 was accepted by the House Finance Committee this week. Notable for Ohio’s airshed management is the inclusion of the “E-Check Ease Act” intended to reduce the administrative and financial burden on Ohio drivers by creating an alternative to E-Check.

Ohio has required E-Check as an air pollution control measure in certain congested counties. The U.S. EPA has historically not allowed alternatives to conventional centralized emissions testing, however, that may change under the Trump administration. The topic will be discussed at the upcoming OMA Environment Committee meeting on April 10. 2/5/2025

As national news reports on President Trump’s priorities to zero in on government waste, fraud, and abuse, the U.S. EPA administrator late last week announced contract cancellations amounting to nearly $60 million.

Among the cancelled items are funds designed to support EPA’s Office of Environmental Justice. The agency’s press release highlights the administration’s priority of protecting the U.S. auto industry. Attend the April 10 OMA Environment Committee to find out what it means for your company. 2/20/2025

This week, the administration and state lawmakers kicked off the state operating budget process with the Governor’s asks being the first version to be released. Most notable asks in the environment space include Ohio EPA’s push for continued H2Ohio Funding for Drinking Water Quality Programs and the recently implemented Rivers Initiatives.

Additionally, the agency’s anticipated proposal to increase Air Permit Fees that were discussed in the OMA’s Environment Policy Committee Meetings was included in the agency’s request. 2/5/2025

Nearly 250 employees of the U.S. EPA might be out of a job soon as the Trump administration announced the closure of both the agency’s Diversity, Equity, and Inclusion (DEI) office and the Office of Environmental Justice and External Civil Rights.

These departments are the latest to face closure in the wake of Trump’s executive order ending DEI and other similar offices across the federal government.

Employees of the EPA’s DEI office were placed on administrative leave in January, with the Office of Environmental Justice informed their department is expecting a similar written notice as early as Thursday.

The move aligns with Trump’s broader efforts to reduce federal staff and cut back on environmental regulations, and follows similar reports where 100 US EPA Region 5 office employees were warned they could be fired in the coming weeks. 2/5/2025

The U.S. Senate this week confirmed former congressman Lee Zeldin as the new administrator of the Environmental Protection Agency (EPA). Zeldin’s confirmation comes alongside a broader shift in EPA leadership, including the dismissal of Biden-appointed members from key advisory panels. Supporters argue these changes will improve efficiency and balance future regulatory actions.

Zeldin’s agenda is expected to include revisiting Biden’s numerous climate regulations, reassessing state pollution standards including California’s tailpipe emission limits, restructuring scientific advisory boards, and shifting the agency’s focus toward broader energy development to include traditional fuel sources. 1/29/2024

The U.S. EPA last week rolled out its final rule banning Trichloroethylene (TCE) and Perchloroethylene (PCE), two common chemicals used in the manufacturing of batteries, polymers, and break cleaners.

The new regulations are in line with President Joe Biden’s Cancer Moonshot initiative to end the disease, according to the EPA press release.

The ban, according to the EPA, could cost the manufacturing industry a combined $146 million dollars over the next 20 years. 1/10/2024

The Ohio EPA announced this week its intention to amend Ohio law regarding the Reasonably Available Control Technology (RACT) and permitting requirements for the Cleveland 2015 ozone nonattainment area.

A public hearing and public comment period on the proposed rule changes will be held, with the hearing taking place both in person and virtually on Feb. 13. Those wishing to submit testimony should email the Ohio EPA. The public comment period will also run until Feb. 13. 1/7/2024

During the final weeks of the Biden Administration, the U.S. EPA approved California’s plan to ban the sale of gas-powered cars by 2035.

Issued as a waiver under the Clean Air Act, California is now free to require that by 2035 at least 80% of new cars sold be electric and up to 20% plug-in hybrid models, for now. Similar rules have been adopted by 11 other states, including New York, Massachusetts and Oregon.

President-elect Donald Trump has vowed to rescind approvals granted by the EPA to California to require more EVs and tighter vehicle emissions standards. 12/18/2024

The Biden administration has granted California a waiver to enforce its ambitious car and truck emissions rules just weeks before President-elect Donald Trump takes office.

The EPA’s approval allows California to exceed federal standards, aiming to phase out gas-powered cars by 2035 and set stricter limits on truck emissions. While Trump has pledged to support gas-powered vehicles, California officials and environmental groups view the waivers as a critical shield against future rollbacks, setting the stage for potential legal battles. 12/18/2024

The Ohio General Assembly has passed legislation prohibiting state retirement systems from investing in environmental, social, and governance (ESG) strategies.

This move aligns with a broader trend among Republican-led states pushing back on ESG practices, with some introducing states restricting private entities from adopting such frameworks. Manufacturers should note these ongoing regulatory shifts that could influence investment landscapes and operational strategies across supply chains. 12/10/2024

This week, the OMA provided comments on the OhioEPA’s newly proposed rules to assess and manage nutrients in state waters, which could impact manufacturers through stricter discharge requirements.

The OMA believes in a balanced approach that minimizes costs through science-based methods. The OhioEPA should focus on ensuring regulations accurately identify water issues, avoid overly strict standards, and promote collaborative stakeholder rulemaking. 12/4/2024