Environment

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

In a recent report from Reuters, President-elect Donald Trump’s team plans to roll back the stricter fuel-efficiency and emissions standards established by the Biden administration.

The proposed changes aim to alleviate automaker concerns about regulatory costs and end the perceived push toward electric vehicle (EV) production quotas. Automakers like Tesla, which benefit from selling emissions credits, could see reduced revenue under weaker standards. This move continues Trump’s campaign stance to reduce federal regulations and could significantly impact U.S. climate and EV adoption policies. 11/19/2024

President-elect Donald Trump selected former New York Congressman Lee Zeldin to lead the EPA under his administration.

Zelden represented New York’s 1st Congressional District from 2014 to 2022, when he unsuccessfully challenged Governor Kathy Hochul.

After Trump’s announcement, Zeldin said in a Fox News interview that he would prioritize efforts to “roll back regulations” that he said caused American businesses to struggle.

“There are regulations that the left wing of this country have been advocating through regulatory power that ends up causing businesses to go in the wrong direction,” he said. 11/14/2024

Experts are speculating that the future Trump administration could revise current PFAS drinking water regulations, potentially easing the unattainable standards finalized last spring.

Trump’s EPA could re-examine a multitude of PFAS regulations. This includes potentially reassessing their designation as “hazardous substances,” reducing requirements for groundwater cleanups, and limiting regulatory actions to those explicitly mandated by Congress. 11/7/2024

On Wednesday, Oct. 30, the OMA hosted its last Environment Committee of the year, featuring a presentation on U.S. EPA Regulations from the National Association of Manufacturers and navigating the new air emission standards.

OMA Director of Public Policy James Lee also gave a statehouse update as the legislature heads into a lame duck session, and detailed the OMA’s budget priorities for next year. 10/30/2024

A recent article in Crains Cleveland examines the continued efforts to reduce non-point source phosphorus runoff in Lake Erie following major Algal blooms from over a decade ago.

As contiguous states have made progress toward their goals of 40 percent reduction of runoff, largely caused by the agricultural sector and municipalities.

The OMA has fought vigorously against attempts to unfairly regulate industry on this issue, which has not been a major source of runoff. 10/14/2024

Last Friday, the U.S. Supreme Court declined to pause the Biden administration’s new federal air pollution rules to tighten limits on mercury and methane.

The regulations, issued under the Clean Air Act, aim to cut mercury and other metals from coal-fired power plants emissions, as well as methane and other gases known as volatile organic compounds from oil and gas production.

For manufacturers, particularly those in the energy industry, the new rules will likely result in increased operational costs in the form of costly upgrades in monitoring equipment, curb flaring, and participation in programs to detect large methane emissions.10/2/2024

The Ohio EPA has asked the OMA to participate in a stakeholder workgroup providing input into the updated water quality standards rule.

The rule updates will govern how the Ohio EPA determines if streams and rivers are impaired for aquatic life use due to excessive nutrients.

OMA members looking to provide feedback and comments can reach out to James Lee. 10/2/2024

Recent reports have shown that Toledo-area waterways, including the Maumee River, are making strides towards restoration goals set by a 1987 U.S.-Canada agreement, with the recent removal of a key impairment due to the clean sediment from the Toledo shipping channel.

This progress is partly funded by President Biden’s Infrastructure Investment and Jobs Act, which allocates $1 billion to the Great Lakes Restoration Initiative, enhancing efforts to restore polluted areas. As a result, Ohio’s remaining areas of concern are expected to be addressed by 2030, supporting local ecosystems and potentially boosting recreational and commercial activities. 9/18/2024

The EPA’s Spring 2024 Unified Regulatory Agenda outlines upcoming actions to increase restrictions on PFAS and other chemicals, impacting a wide range of products and industries.

Key initiatives include near-zero drinking water standards for PFAS, stricter reporting and monitoring requirements, and a ban on certain PFAS-containing items like firefighting equipment and nonstick cookware. Additional regulatory actions under the Toxic Substances Control Act are also planned, including new risk management rules for various chemicals and revised procedures for chemical reviews.

These changes pose new compliance challenges for manufacturers and the broader regulated community. 9/16/2024

The Dayton’s water lab is now the first municipal or commercial lab in Ohio to receive state certification for PFAS testing, which will help reduce testing costs and ensure quick sample analysis.

This certification allows Dayton to proactively address the presence of PFAS, or “forever chemicals,” in its water supply, protecting over 400,000 residents. The lab can also analyze water samples for outside organizations, potentially generating revenue and reinforcing Dayton’s leadership in water safety and quality. 9/14/2024

The EPA is delaying the mandated reporting period for PFAS by eight months, now opening in July 2025 and closing in January 2026, due to the complex administrative burden. The decision aims to give businesses and regulators more time to gather and submit accurate data on PFAS use. The National Association of Manufacturers welcomed the delay but continued to express concerns over the significant costs and workload involved in complying with the retroactive reporting requirements. 9/5/2024