EPA Reverses Course on Ohio Air Pollution Fix
Published Date: 1/21/2025
Rule
Summary
The EPA is fixing a past mistake by putting the Air Nuisance Rule (ANR) back into Ohio’s air quality plan after a court told them to rethink their 2020 decision. This change affects Ohio residents and businesses by restoring rules that help control air pollution. The fix takes effect on February 20, 2025, with no new costs announced.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Ohio Air Nuisance Rule Restored
EPA is putting the Ohio Air Nuisance Rule (ANR), OAC 3745-15-07, back into Ohio’s State Implementation Plan (SIP). This change takes effect on February 20, 2025 and restores a rule that limits emissions like smoke, ashes, dust, fumes, gases, vapors, and similar substances; the agency did not announce any new costs associated with this action.
Citizen Enforcement Pathway Reinstated
Because the ANR is back in the Ohio SIP, local governments, non-governmental groups, and individuals in Ohio can again bring citizen suits under Clean Air Act section 304 to enforce the ANR. That enforcement pathway was explicitly discussed in the rulemaking record and was a key reason EPA concluded its 2020 removal was in error.
Facilities May Face Controls or Shutdowns
Reinstating the ANR means Ohio facilities that emit smoke, dust, fumes, gases, vapors, or similar substances may be subject to enforcement actions requiring installation of emission controls or, in extreme cases, cessation of operations to prevent NAAQS exceedances. The Republic Steel example in the record shows a consent order can require controls, monitoring access, or stopping activities that could contribute to exceedances.
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