Ohio EPA Eyes Removal of Air Pollution Lawsuit Rule: What’s at Stake?

For nearly 50 years, Ohio residents have had a powerful tool to fight air pollution: the “air nuisance rule.” This provision, embedded in Ohio’s state implementation plan (SIP) under the Clean Air Act, allows citizens to sue companies whose emissions allegedly jeopardize air quality. Now, the Ohio Environmental Protection Agency (EPA) is considering removing it. What does this mean for the future of air quality in Ohio?

The Air Nuisance Rule: A Citizen’s Shield

The air nuisance rule defines air pollution as a public nuisance, empowering Ohioans to take legal action when they believe companies are violating air quality standards. This rule has been particularly crucial in communities near industrial facilities, where residents often bear the brunt of pollution.

Cincinnati-area resident Marilyn Wall, speaking at a recent hearing, emphasized the importance of the rule. “Without the air nuisance rule available to citizens, polluters will be free to deluge fence line communities with air pollution,” she stated. “It’s time for Ohio officials to hear the voices of Ohio communities and not just the polluters.”

Wall, along with Donna Ballinger of Middletown, previously filed an appeal when the rule was temporarily removed in 2020, arguing that its absence deprived them of the ability to seek relief from ongoing pollution.

Real-Life Impact: Ballinger’s Story

Ballinger, who lives near a steel mill and industrial coke oven, vividly described the impact of the rule’s previous removal. After sending a letter indicating her intent to file a citizen suit, the state blocked her lawsuit by entering into a consent decree with the Middletown steelworks. However, Ballinger asserts, “the pollution never did stop.” She emphasizes that the Ohio EPA hasn’t stopped the pollution, even with regular calls. “I need to have the air nuisance rule available so I can use it to protect me, my family, and my community.”

Why is Ohio EPA Seeking to Remove the Rule?

The Ohio EPA argues that the air nuisance rule is no longer necessary for maintaining air quality standards. According to their draft demonstration, “Over time it has become clear that the ANR has not been used and is not needed for attainment or maintenance of the National Ambient Air Quality Standards (NAAQS).” They also point out that many other states have removed similar rules from their SIPs.

This effort to remove the rule was spurred by Ohio’s budget bill, directing the Ohio EPA to pursue this change. The proposal has garnered support from some U.S. legislators and industry stakeholders.

Did you know? The U.S. EPA initially removed the rule but it was later reinstated earlier this year, highlighting the ongoing debate surrounding its necessity.

The Future of Air Quality Enforcement in Ohio

If the air nuisance rule is removed, Ohio citizens will lose the ability to file federal lawsuits against polluters under the Clean Air Act. The Ohio EPA asserts that state regulations will remain, offering an alternative avenue for addressing air quality concerns.

According to Ohio EPA spokesperson Bryant Somerville, “Although state law does not allow third-party lawsuits like the federal Clean Air Act, under Ohio Law citizens can file a Verified Complaint if they believe there are violations of Ohio EPA rules.” He adds that the Ohio EPA is obligated to conduct a prompt and thorough investigation of any alleged violations.

Potential Implications

• Reduced citizen empowerment in air quality enforcement.
• Increased reliance on the Ohio EPA for investigation and enforcement.
• Potential for slower response times to pollution concerns compared to citizen-led lawsuits.

Pro Tip: Stay informed about local environmental regulations and participate in public comment periods to voice your concerns about air quality.

Navigating the Proposed Changes: What You Can Do

The Ohio EPA is currently seeking public comments on its proposed plan to remove the air nuisance rule. The deadline for submission is September 22nd. Your voice matters in shaping the future of air quality in Ohio. You can submit comments via the Ohio EPA website. Visit the Ohio EPA website for more information.

Once the comments are considered, the Ohio EPA will submit the requested revision to the U.S. EPA for final approval.

FAQ: Understanding the Air Nuisance Rule and Proposed Changes

What are your thoughts on the proposed removal of the air nuisance rule? Share your perspective in the comments below.

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