EPA to Scrap Ohio's Redundant Air Nuisance Rule
Published Date: 5/28/2026
Proposed Rule
Summary
The EPA plans to remove Ohio’s Air Nuisance Rule because Ohio already has strong air pollution controls in place. This change won’t hurt air quality or public health and won’t cost anyone extra. Ohio residents and businesses can expect the update to take effect after public comments close on June 29, 2026.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
EPA Finds No Air-Quality or Emissions Increase
The EPA is proposing that removing the ANR from Ohio's SIP will not interfere with the National Ambient Air Quality Standards (NAAQS), will not cause an increase in criteria pollutant emissions, and that Ohio's SIP-approved control measures and permitting programs will maintain air quality without the ANR.
Ohio's Air Nuisance Rule Removed From Federal Plan
The EPA is proposing to remove Ohio Administrative Code 3745-15-07 (the Air Nuisance Rule, ANR) from the federally approved Ohio State Implementation Plan (SIP). Ohio will continue to keep the ANR as a State rule, but the ANR would no longer be part of the Federal SIP if this action is finalized.
EPA Certifies No Significant Small-Business Impact
The EPA certified that this proposed action is not expected to have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. The EPA also states the action does not impose new federal requirements beyond State law.
Director's Orders (DFFOs) Can Be Federally Enforced
Ohio may request the EPA to incorporate Director's Final Findings and Orders (DFFOs) into the SIP. If the EPA incorporates a DFFO into the SIP, that source-specific order becomes federally enforceable.
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Key Dates
Department and Agencies
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