The U.S. EPA plans to approve Ohio’s request to remove a 50-year-old rule Ohioans have used to hold air polluters accountable. But there are a few days left to leave comments on the proposal.
It’s called the Air Nuisance Rule. It allows citizens and local governments to file or threaten federal lawsuits against air-polluting entities to bring them into compliance.
At the direction of the Ohio legislature, the Ohio EPA submitted its request to remove this rule from the state’s implementation plan for the federal Clean Air Act in November.
Most recently, the proposed rule removal was the subject of a lawsuit filed by the Ohio Environmental Council, Sierra Club, and other groups. Earlier this month, they filed a motion urging the court to make a decision on the case.
“The ANR Rescission was submitted by the Ohio Environmental Protection Agency (OEPA) solely as a result of the unconstitutional legislation challenged in this case,” the complaint reads.
“This new evidence shows that those subjected to air nuisances in Ohio will suffer irreparable harm as a result of Defendants' unconstitutional action, which is challenged before this Court, and that only a prompt ruling from this Court can avert the damage.”
The U.S. EPA is accepting comments on the rule removal until June 29.
Comments on the Proposed Approval of the Ohio Air Nuisance Rule Removal can be submitted online.
