Comment submitted by Miles Hlivko

For over fifty years, the Air Nuisance Rule has served as a vital mechanism protecting public health, welfare, and property across Ohio. Removing this rule from the federally enforceable SIP creates severe vulnerabilities for local communities for several reasons: 1.Stripping of Citizen Enforcement Rights: Retaining this rule in the SIP ensures that Ohio citizens and local governments maintain the right to seek relief under the Clean Air Act's citizen suit provisions. In instances where state or federal regulatory resources are stretched thin, citizen enforcement acts as an essential backstop to ensure compliance. Removing it fundamentally disempowers vulnerable communities. 2.Loss of Critical Gap-Filling Protections: While individual facility permits regulate specific criteria pollutants, they do not account for the combined local impacts of odors, dust, or sudden localized smoke plumes that directly harm respiratory health and degrade property values. The Air Nuisance Rule provides a necessary protection for impacts that modern technical standards fail to adequately prevent. 3.Violation of Anti-Backsliding Principles: Under Section 110(l) of the Clean Air Act, a SIP revision cannot be approved if it interferes with the attainment or maintenance of air quality standards or compromises public health enforcement. Removing a foundational enforcement tool represents a clear step backward in state-level air accountability. For these reasons, I urge the U.S. EPA to protect the health and legal rights of Ohioans by rejecting Ohio’s request and keeping OAC Rule 3745-15-07 explicitly within the State Implementation Plan.