EPA Proposes Ohio Air Nuisance Rule Removal - SIP Change for Adequate Controls

EPA is proposing to remove Ohio’s air pollution nuisance rule (ANR) from the Ohio State Implementation Plan (SIP) following Ohio EPA’s November 14, 2025 request. EPA found that Ohio’s SIP contains adequate control requirements and enforcement measures to maintain air quality without the ANR. The proposed rule states this action will not interfere with National Ambient Air Quality Standards (NAAQS) and meets all applicable Clean Air Act requirements.

What the Air Nuisance Rule Covered

Ohio’s air pollution nuisance rule provided general authority to address air quality complaints and emissions that created public nuisances but may not have violated specific emission standards. The rule allowed Ohio EPA to take enforcement action against facilities causing odors, dust, or other air quality impacts affecting neighboring properties.

EPA’s analysis determined that Ohio’s existing SIP contains sufficient regulatory mechanisms through specific emission standards, permit requirements, and enforcement procedures. These existing controls provide adequate protection without the broader nuisance provisions.

How This Affects Ohio Air Quality Work

Air Permit Applications and Compliance

If you prepare air permits or compliance plans in Ohio, the removal of the ANR from the SIP does not eliminate nuisance-related enforcement. Ohio retains the rule under state authority outside the federally-approved SIP. Facilities must still address potential nuisance impacts in permit applications and operational planning.

Environmental Site Assessments

Phase I ESAs evaluating properties with historical or current air emission sources should continue assessing potential nuisance impacts. The rule’s removal from the SIP does not change the underlying environmental conditions or liability concerns for property transactions.

Remediation Projects with Air Emissions

Cleanup projects involving soil vapor extraction, air sparging, or thermal treatment must still consider nuisance impacts on surrounding properties. Ohio EPA retains authority to address these concerns under state regulations, even without federal SIP backing.

What to Watch

EPA’s comment period for this proposed rule closes 30 days after Federal Register publication. Ohio EPA may provide additional guidance on how nuisance complaints will be handled under state-only authority versus federally-backed SIP requirements.

Bottom Line

The proposed removal affects the federal enforceability of Ohio’s air nuisance rule but does not eliminate nuisance considerations for air quality work. Consultants should continue evaluating potential air quality impacts in permits and assessments, as Ohio retains enforcement authority under state regulations. For specific air permitting requirements, see our program overviews.