COLUMBUS, Ohio — The U.S. Environmental Protection Agency (EPA) has taken a significant step toward improving air quality in Ohio by moving to reinstate the Air Nuisance Rule (ANR) as part of the state’s State Implementation Plan (SIP). This decision marks a reversal of the previous administration’s move to scrap the measure.
The ANR, which historically prohibited the emission of various substances such as smoke, ashes, dust, dirt, grime, acids, fumes, gases, and vapors, had been a longstanding component of Ohio’s SIP. Citizens and other stakeholders relied on this rule to enforce air quality standards in federal courts.
However, during the Trump administration, the EPA removed the ANR provision from Ohio’s SIP, citing its “error correction” authority. The agency asserted that it had mistakenly approved the Ohio plan containing the ANR, despite the rule’s potential to reduce harmful emissions.
Environmental advocates, including the Sierra Club, challenged this decision in a lawsuit filed in the U.S. Court of Appeals for the 6th Circuit. They argued that the ANR was essential for achieving national ambient air quality standards, which is the primary purpose of SIPs.
Responding to the pressure, the Biden EPA has proposed reinstating the ANR. In a Federal Register notice issued on February 22, the EPA emphasized that the court did not vacate its removal of the ANR, leaving it absent from Ohio’s SIP. The move aims to rectify the previous administration’s decision and strengthen Ohio’s efforts to meet federal air quality standards.