Environment

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

The Trump campaign has recently vowed to roll back the Biden-Harris administration’s energy and climate regulations including the recently finalized power plant rules that require a 90 percent reduction in carbon emissions. The campaign backs their proposed revocation of these rules, citing the severe impact of the rules on the energy industry, grid reliability, and the economy.

If re-elected, Trump plans to boost oil, gas, and coal production while scrapping rules that force power plants to cut carbon emissions. 9/5/2024

A coalition of states, including Ohio, have asked the U.S. Supreme Court to halt a Biden administration rule that would cut methane from oil and gas production.

The state’s argument centers on the fact that the rule is too prescriptive in how oil and gas companies achieve the emission standards set. While the EPA does have the authority to set emission standards, too stringent or unobtainable procedures would hamstring production of fossil fuels.

This is the latest challenge of EPA rules at the highest court, as last week, a similar number of states challenged the EPA’s “Clean Power Rule”. 8/28/202

The United States Environmental Protection Agency (EPA) in a brief filed this week to the U.S. Supreme Court, challenged calls for an emergency stay request of it’s carbon rule for power plants.

The rule, which was previously upheld by a federal appeals court last month, is being challenged by several states, including Ohio Attorney General Dave Yost, to stay the agency’s rule of emission limits for new gas and existing coal-fired power plants.

The EPA and critics of the rule are posturing for a legal battle, and with the court more likely to use the emergency docket, the battle will likely continue.

The justices have previously used the emergency docket to block similar “clean power” initiatives, blocking an Obama era rule in 2018 which would eventually be invalidated in the 2022 West Virginia v. EPA. 8/19/2024

Last month, a federal appeals court ruled that a U.S. Environmental Protection Agency (U.S. EPA) regulation aimed at limiting planet-warming emissions from coal-fired power plants can remain in force as legal challenges continue.

The rule is the first time the federal government has restricted carbon dioxide emissions from existing coal-fired power plants. It would force future electric plants fueled by coal or natural gas to regulate up to 90% of their carbon emissions. 8/15/2024

A newly invented ceramic-infused monolith may be the key to removing PFAS from water. Researchers at the University of Bath have developed 3D-printed structures, infused with ceramic that can capture up to 75% of PFAS from water over several hours.

The high surface area of the monoliths are bonded with indium oxide, allowing them to attract and capture PFAS. These waffle shaped structures could be a key technology as state and federal officials continue to impose limits on PFAS chemicals as a byproduct of manufacturing. 8/8/2024

This week, The OMA hosted its second Environment Committee of the year to discuss hot-button state and federal regulations impacting the state.

Jeff Rose, VP of Government Affairs for Battelle, and Dan Longbrake, Commercial Business lead for PFAS and Environment joined the committee to discuss partnered initiatives and Battelle’s technology used to destroy PFAS.

Chief of Ohio EPA Division of Air Pollution Control, Bob Hodanbosi also outlined the proposal from the Ohio EPA to raise air permit fees in next year’s operating budget. 7/31/2024

The Biden Administration recently rolled out a new plastics action plan. The plan, similar to the notorious PFAS Strategic Roadmap released at the birth of the administration, lays out a detailed outline of priority regulations impacting manufacturers’ product design, use of raw materials and chemistry, and recycling practices.

The approach is not limited to the U.S. EPA but a large series of federal regulatory agencies. 7/23/2024

House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) this week sent a letter to the U.S. Environmental Protection Agency (EPA) demanding additional details regarding the agency’s efforts to designate additional PFAS substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

On April 17, the EPA designated two of the nearly 14,000 PFAS substances, perfluorooctanoic acid and perfluorooctanesulfonic acid, as “hazardous substances” under CERCLA.

The letter demands the EPA explain their reasoning and release details to the public on how these chemicals are determined to be hazardous and asks if they will be transparent to the public in future designations. 7/15/2024

The Biden Administration last week unveiled a “wish list” of regulations to add to the regulatory onslaught coming out of Washington.

The list includes the U.S. EPA’s rule on greenhouse gas emissions from existing natural gas power plants, the last of its rules on implementing the 2016 amendments to the Toxic Substances Control Act, and the final version of a far-reaching update to hazardous air pollutant reporting requirements.

The entire list can be found on the Regulation Information website. 7/10/2024

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