Comment submitted by Sandy Bihn

AnonymousOpposeIndividual
Summary: Sandy Bihn opposes the removal of the Air Nuisance Rule from Ohio's federal Clean Air Act State Implementation Plan (SIP). The commenter argues that the rule is a critical tool for holding polluters accountable and protecting public health from air emissions, particularly from CAFOs.
Air Emissions from CAFO's harm public health Dear EPA Administrator Lee Zeldin, I do not support underhanded efforts started by the Ohio state legislature and backed by insufficient analysis to repeal the Air Nuisance Rule from Ohio's federal Clean Air Act State Implementation Plan (SIP). The Air Nuisance Rule has been used for decades by individuals suffering from pollution to bring accountability to polluters and protect themselves from unhealthy air conditions. Ohio has and had numerous counties with excessive levels of ambient pollution. As you, the US EPA Administrator well knows, your agency previously acted unlawfully when it removed the Air Nuisance Rule from Ohio's SIP without considering the effect of that removal on air quality in each of these counties. The US EPA was correct in using 110(k)(6) (EPA's error correction rule) to reinstate the Air Nuisance Rule as a critical provision in Ohio's SIP. While the harm suffered by Ohioans while the US EPA came to recognize its mistake cannot be undone, the US EPAs effort to correct itself by finalizing reinstatement of the rule in January 2025 was the right decision. Your agency's new effort to approve Ohio EPAs removal of the Air Nuisance Rule from the SIP based on underhanded state level efforts, and without proper analysis, is inexcusable. Ohioans should expect our leaders and agencies to focus on protecting our legal rights for clean air and water instead of prioritizing getting rid of them. I urge you to deny the Ohio's request to remove the Air Nuisance Rule from its SIP, and leave this critical tool in place. Sincerely, Sandy Bihn

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