By: Moms Clean Air Force
Date: April 19, 2024
About: Air Plan Approval; Ohio; Withdrawal of Technical Amendment, Proposed Rule, 89 Fed. Reg. 13304 (Feb. 22, 2024); Docket ID No. EPA-R05-OAR-2020-0055
To: U.S. Environmental Protection Agency
Moms Clean Air Force submits these comments in support of USEPA’s February 22, 2024 proposed rule (89 Fed. Reg. 13304) to reinstate the Ohio Air Nuisance Rule (“ANR”) to the Ohio State Implementation Plan (“SIP”).
Moms Clean Air Force works actively in Ohio to fight for clean air and recognizes that many Ohioans experience ongoing nuisance conditions caused by nearby polluters on a frequent or daily basis. Many of our more than 90,000 members in Ohio have first-hand knowledge of the adverse health effects stemming from increased exposure to excess particulates and other NAAQS pollutants. Such health effects include, e.g., chronic pulmonary disease, asthma, headaches, and upper respiratory problems.
Four years ago, Ohioans were illegally deprived of their best tool to fight air pollution — the Ohio Air Nuisance Rule (ANR). Ohioans had used it successfully for 50 years to enforce environmental air laws. Removal of the ANR from Ohio’s State Implementation Plan has adversely affected the lives of Ohioans—particularly those living in environmental justice communities—over the last several years. If restored, the ANR will again empower affected individuals and communities to take legal action to combat exposure to air-borne toxics, particles, soot, odors, acids, and other pollutants that are harmful to their health and damage their property. This tool is especially important when neither USEPA nor Ohio EPA are taking action.
Moms Clean Air Force believes the ANR is particularly important for those living with air pollution sources as neighbors. In those communities, individuals and families take the brunt of the air pollution generated, which often includes foul pollution clouds and huge plumes of particles that coat the surface of their property and cause difficulty breathing, sore throats, burning eyes, headaches, and chronic health impacts like asthma.
Permanent removal of the ANR—and therefore removal of the most effective means of addressing these community air nuisances—would only make the air quality worse for Ohioans. Moreover, as explained in the proposed rule, since the ANR was put in place before 1990, it could not be removed if doing so would result in increased emissions.
We also agree with USEPA’s conclusion in the proposed rule that the ANR’s inclusion in Ohio’s State Implementation Plan was intentional and a key part of Ohio’s NAAQS enforcement strategy.
Finally, we support USEPA’s independent reevaluation of the ANR removal and agree with the proposed rule that the ANR should be reinstated. We urge that the ANR be reinstated immediately as part of a final rule.
Permanent removal of the ANR would have devastating consequences for Ohioans living in environmental justice communities and near fracking sites, industrial factories, coal ash disposal operations, or in the midst of environmental disasters like the 2023 Norfolk Southern train derailment in East Palestine. Further, failure to restore the ANR would permanently enable polluters by eliminating the consequences for air pollution. We strongly urge USEPA to restore the ANR so that Ohio residents and communities will once again be able to directly protect their health and property by using this critical tool.