DAYTON, Ohio (WDTN) — With the passing of House Bill 96 in July, Ohio’s Air Nuisance Rule could be lost entirely; however, when that would happen is even less clear.
The law could be taken off the books, but that wouldn’t happen for up to two years, as environmental experts told 2 NEWS that its a lengthy removal process.
House Bill 96 is the state’s operating budget and ultimately calls for the Ohio EPA to request that the Federal EPA drop the Air Nuisance Plan from the State Implementation Plan.
In a statement from the Ohio EPA, the agency says it’s updating the State Implementation Plan to be sent to the Federal EPA. The state EPA must first communicate with stakeholders, meaning that a public comment period (including a public hearing session) must be had.
“After the public comment period and public hearing, Ohio EPA will consider comments and make any necessary changes to the plan,” the statement reads in part.
The final decision on the removal of the Air Nuisance Rule will be made by the Federal EPA.
The rule itself has been in the state’s Clean Air Act since 1974 and contributes to air quality standards and pollution reduction policies throughout Ohio.
Experts like University of Dayton Environmental lawyer Kevin Leske says the law has been a key tool in fighting air pollution. Leske says that its removal could lead to air quality issues in the state.
“Knowing that it’s on the books, provides a, incentive, really, for industry and for whoever is, you know, has a permit or is, you know, emitting these substances to know that they need to keep track of it and they need to stay within their permit limits,” Leske says.
A public hearing will be held on Sept. 16 from 12:30 p.m. – 3:00 p.m.
The online comment period is open until Sept. 22. More information on submitting online comments can be found here.
Additional information on the State Implementation Plan can be found here.
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