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Challenge to Ohio’s EPA Plan

In a case currently pending in federal court, the Sierra Club, a group of environmental activists, hopes to convince the court to overturn an Ohio Environmental Protection Agency (EPA) plan that they say allows new businesses to emit more air pollution. The issue stems from s state law passed in 2006 that alllows businesses, including new gas stations adn dry cleaner, to avoid installing premium pollution filters if they emit less than 10 tons of pollutants per year. The new limit is a significant increase from the previous limit of 1.8 tons of pollutants per year. The recently filed suit opposes the new limit arguing that it circumvents the Clean Air Act by increasing pollution in Ohio cities that face federal mandates to reduce smog. The U.S. EPA notified the Ohio EPA in June that it will withhold approval of the new plan until further information is provided evidencing that the new limit will not worsen smog and soot across the state.