Air Plan Approval; Ohio; OAC Chapter 3745-17 Particulate Matter, 58291-58294 [2024-15573]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
for eligible applicants, including small
entities.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with these Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of Federal
financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification
The Secretary certifies that these final
priorities, requirements, and definitions
will not have a significant economic
impact on a substantial number of small
entities.
The small entities that this final
regulatory action will affect are IHEs
that meet the eligibility requirements
described in section 241(1) of the HEA.
The Secretary believes that the costs
imposed on applicants by the final
priorities, requirements, and definitions
will be limited to paperwork burden
related to preparing an application and
that the benefits will outweigh any costs
incurred by applicants.
Participation in this program is
voluntary. For this reason, the final
priorities, requirements, and definitions
will impose no burden on small entities
unless they applied for funding under
the program. We expect that in
determining whether to apply for RDI
grant program funds, an eligible
applicant would evaluate the
requirements of preparing an
application and any associated costs,
and weigh them against the benefits
likely to be achieved by receiving a
grant. Eligible applicants most likely
would apply only if they determine that
the likely benefits exceed the costs of
preparing an application. The likely
benefits include the potential receipt of
a grant as well as other benefits that may
accrue to an entity through its
VerDate Sep<11>2014
15:44 Jul 17, 2024
Jkt 262001
development of an application, such as
the use of that application to seek
funding from other sources to address
the institution’s R&D infrastructure
needs.
This final regulatory action will not
have a significant economic impact on
a small entity once it receives a grant
because it will be able to meet the costs
of compliance using the funds provided
under this program.
Paperwork Reduction Act of 1995
These final priorities, requirements,
and definitions do not contain any
information collection requirements.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape,
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
Department documents published in the
Federal Register, in text or Portable
Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader,
which is available free at the site.
You may also access Department
documents published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Nasser Paydar,
Assistant Secretary for Postsecondary
Education.
[FR Doc. 2024–15537 Filed 7–17–24; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2024–0034; FRL–11775–
02–R5]
Air Plan Approval; Ohio; OAC Chapter
3745–17 Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
58291
The Environmental Protection
Agency (EPA) is approving revisions to
Ohio’s particulate matter rules into the
Ohio State Implementation Plan (SIP)
under the Clean Air Act (CAA). The
revisions to Ohio’s particulate matter
rules remove provisions for facilities or
emissions units that have permanently
shut down, update facility names and
addresses, and make nonsubstantive
revisions to the language of the rules.
EPA proposed to approve this action on
April 15, 2024, and received two
comments.
DATES: This final rule is effective on
August 19, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2024–0034. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information (CBI), Proprietary Business
Information (PBI), or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through https://
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Emily
Crispell, Environmental Scientist, at
(312) 353–8512 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Emily Crispell, Air and Radiation
Division (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois,
60604, (312) 353–8512, crispell.emily@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
SUMMARY:
I. Background Information
On January 18, 2024, the Ohio
Environmental Protection Agency
(Ohio) requested SIP approval of a
variety of amendments to its regulations
in Ohio Administrative Code (OAC)
Chapter 3745–17, entitled ‘‘Particulate
Matter Standards.’’ The amended rules
include administrative revisions such as
the removal of provisions that pertain to
facilities that have permanently shut
down, renumbering of emissions units
E:\FR\FM\18JYR1.SGM
18JYR1
khammond on DSKJM1Z7X2PROD with RULES
58292
Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations
for facilities that have combined
operations, and modification of wording
for phrases that Ohio wishes to
rephrase. Ohio amended its request on
February 21, 2024, to request EPA not
act on the alternate set of opacity limits
mentioned in OAC Rule 3745–17–03.
Accordingly, EPA is not acting on those
provisions.
EPA proposed to approve the
requested revisions to OAC Chapter
3745–17 on April 15, 2024, at 89 FR
26115. The notice of proposed
rulemaking (NPRM) provides a more
complete discussion of the revisions
that Ohio requested be approved and
EPA’s evaluation of these revisions.
The public comment period for this
proposed rule ended on May 15, 2024.
EPA received two comments on the
proposal. All of the comments received
are included in the docket for this
action.
The first comment came from an
anonymous commenter and pertained to
environmental spills that have occurred
in Ohio. The second comment came
from an anonymous commenter and
requested that Executive Order 12898 be
reviewed, and that Environmental
Justice (EJ) be included in the Ohio SIP
process.
Executive Order 12898 (59 FR 7629,
February 16, 1994) requires that Federal
agencies, to the greatest extent
practicable and permitted by law,
identify and address disproportionately
high and adverse human health or
environmental effects of their actions on
minority and low-income populations.
Additionally, Executive Order 13985 (86
FR 7009, January 25, 2021) directs
Federal agencies to assess whether, and
to what extent, their programs and
policies perpetuate systemic barriers to
opportunities and benefits for people of
color and other underserved groups, and
Executive Order 14008 (86 FR 7619,
February 1, 2021) directs Federal
agencies to develop programs, policies,
and activities to address the
disproportionate health, environmental,
economic, and climate impacts on
disadvantaged communities.
As the commentor acknowledged,
EPA reviewed Ohio’s requested rule
revisions and determined that due to the
editorial nature of the action being taken
this action is expected to have a neutral
to positive impact on the air quality of
the affected area. Since the action is
expected to have a neutral to positive
impact, consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
VerDate Sep<11>2014
15:44 Jul 17, 2024
Jkt 262001
Additionally, EPA sets the National
Ambient Air Quality Standards at a
level to protect the public health, with
an adequate margin of safety, including
the health of at-risk populations, and
protect the public welfare from adverse
effects. While EPA recognizes the
importance of assessing impacts of our
actions on potentially overburdened
communities, we believe that our
approval of Ohio’s request for the
revision of OAC Chapter 3745–17 would
not exacerbate existing pollution
exposure or burdens for populations in
Ohio.
We do not consider these comments
to be germane or relevant to this action
and therefore not adverse to this action.
The comments lack the required
specificity to the proposed SIP revision
and the relevant requirements of CAA
section 110. Moreover, none of the
comments address a specific regulation
or provision in question or recommend
a different action on the SIP submission
from what EPA proposed. Therefore, we
are finalizing our action as proposed.
EPA encourages the commenters to
remain engaged with stakeholders in the
effort to protect human health and the
environment.
II. What action is EPA taking?
In response to the NPRM, EPA
received two comments which were not
relevant to the proposed rulemaking.
EPA continues to find that the requested
revisions warrant approval for the
reasons given in the NPRM. Therefore,
EPA is approving the revisions to OAC
3745–17 that Ohio submitted on January
18, 2024, with the exception of selected
sections of OAC 3745–17–03 as clarified
by Ohio on February 21, 2024.
Specifically, EPA is approving Ohio
rules 3745–17–01, 3745–17–03 [with the
exception of the phrase in 3745–17–
03(B)(1)(a) reading ‘‘Except as provided
in paragraph (B)(1)(b) of this rule’’ and
3745–17–03(B)(1)(b)], 3745–17–04,
3745–17–07, 3745–17–08, 3745–17–09,
3745–17–10, 3745–17–11, 3745–17–12,
3745–17–13, and 3745–17–14, effective
August 25, 2023.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Ohio Regulations
described in section II of this preamble
and set forth in the amendments to 40
CFR part 52 below. EPA has made, and
will continue to make, these documents
generally available through https://
www.regulations.gov, and at the EPA
Region 5 Office (please contact the
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
person identified in the FOR FURTHER
section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rule of
EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
INFORMATION CONTACT
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993), and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
1 62
E:\FR\FM\18JYR1.SGM
FR 27968 (May 22, 1997).
18JYR1
58293
Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
Tribal implications and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ EPA further defines the term
fair treatment to mean that ‘‘no group of
people should bear a disproportionate
burden of environmental harms and
risks, including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The Ohio did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the editorial nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 16, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: July 10, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, amend the table in
paragraph (c) under ‘‘Chapter 3745–17
Particulate Matter Standards’’ by
revising entries ‘‘3745–17–01’’ through
‘‘3745–17–14’’ to read as follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED OHIO REGULATIONS
Ohio citation
Ohio effective
date
Title/subject
*
*
*
*
khammond on DSKJM1Z7X2PROD with RULES
Chapter 3745–17
Definitions and referenced materials.
8/25/2023
3745–17–03
Measurement methods and procedures.
8/25/2023
3745–17–04
Compliance time schedules ............
8/25/2023
3745–17–07
Control of visible particulate emissions from stationary sources.
8/25/2023
3745–17–08
Restriction of emission of fugitive
dust.
8/25/2023
3745–17–09
Restrictions on particulate emissions and odors from incinerators.
8/25/2023
3745–17–10
Restrictions on particulate emissions from fuel burning equipment.
8/25/2023
15:44 Jul 17, 2024
Jkt 262001
PO 00000
Frm 00047
Notes
*
*
*
Particulate Matter Standards
3745–17–01
VerDate Sep<11>2014
EPA approval date
Fmt 4700
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
Except for paragraph (B)(1)(b) and
the phrase in paragraph (B)(1)(a)
reading ‘‘Except as provided in
paragraph (B)(1)(b) of this rule’’.
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
Sfmt 4700
E:\FR\FM\18JYR1.SGM
18JYR1
58294
Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations
EPA-APPROVED OHIO REGULATIONS—Continued
Ohio citation
Ohio effective
date
Title/subject
3745–17–11
Restrictions on particulate emissions from industrial processes.
8/25/2023
3745–17–12
Additional restrictions on particulate
emissions from specific air contaminant sources in Cuyahoga
county.
Additional restrictions on particulate
emissions from specific air contaminant sources in Jefferson
county.
Contingency plan requirements for
Cuyahoga and Jefferson counties.
8/25/2023
3745–17–13
3745–17–14
*
*
*
*
*
*
EPA approval date
Notes
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
8/25/2023
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
8/25/2023
7/18/2024, [INSERT FIRST PAGE
OF FEDERAL REGISTER CITATION].
*
*
*
*
*
[FR Doc. 2024–15573 Filed 7–17–24; 8:45 am]
khammond on DSKJM1Z7X2PROD with RULES
BILLING CODE 6560–50–P
VerDate Sep<11>2014
15:44 Jul 17, 2024
Jkt 262001
PO 00000
Frm 00048
Fmt 4700
Sfmt 9990
E:\FR\FM\18JYR1.SGM
18JYR1
*
]]>Agencies
[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Rules and Regulations]
[Pages 58291-58294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15573]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0034; FRL-11775-02-R5]
Air Plan Approval; Ohio; OAC Chapter 3745-17 Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Ohio's particulate matter rules into the Ohio State
Implementation Plan (SIP) under the Clean Air Act (CAA). The revisions
to Ohio's particulate matter rules remove provisions for facilities or
emissions units that have permanently shut down, update facility names
and addresses, and make nonsubstantive revisions to the language of the
rules. EPA proposed to approve this action on April 15, 2024, and
received two comments.
DATES: This final rule is effective on August 19, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2024-0034. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either through https://www.regulations.gov or at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays. We recommend that
you telephone Emily Crispell, Environmental Scientist, at (312) 353-
8512 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Emily Crispell, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois, 60604, (312) 353-8512,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On January 18, 2024, the Ohio Environmental Protection Agency
(Ohio) requested SIP approval of a variety of amendments to its
regulations in Ohio Administrative Code (OAC) Chapter 3745-17, entitled
``Particulate Matter Standards.'' The amended rules include
administrative revisions such as the removal of provisions that pertain
to facilities that have permanently shut down, renumbering of emissions
units
[[Page 58292]]
for facilities that have combined operations, and modification of
wording for phrases that Ohio wishes to rephrase. Ohio amended its
request on February 21, 2024, to request EPA not act on the alternate
set of opacity limits mentioned in OAC Rule 3745-17-03. Accordingly,
EPA is not acting on those provisions.
EPA proposed to approve the requested revisions to OAC Chapter
3745-17 on April 15, 2024, at 89 FR 26115. The notice of proposed
rulemaking (NPRM) provides a more complete discussion of the revisions
that Ohio requested be approved and EPA's evaluation of these
revisions.
The public comment period for this proposed rule ended on May 15,
2024. EPA received two comments on the proposal. All of the comments
received are included in the docket for this action.
The first comment came from an anonymous commenter and pertained to
environmental spills that have occurred in Ohio. The second comment
came from an anonymous commenter and requested that Executive Order
12898 be reviewed, and that Environmental Justice (EJ) be included in
the Ohio SIP process.
Executive Order 12898 (59 FR 7629, February 16, 1994) requires that
Federal agencies, to the greatest extent practicable and permitted by
law, identify and address disproportionately high and adverse human
health or environmental effects of their actions on minority and low-
income populations. Additionally, Executive Order 13985 (86 FR 7009,
January 25, 2021) directs Federal agencies to assess whether, and to
what extent, their programs and policies perpetuate systemic barriers
to opportunities and benefits for people of color and other underserved
groups, and Executive Order 14008 (86 FR 7619, February 1, 2021)
directs Federal agencies to develop programs, policies, and activities
to address the disproportionate health, environmental, economic, and
climate impacts on disadvantaged communities.
As the commentor acknowledged, EPA reviewed Ohio's requested rule
revisions and determined that due to the editorial nature of the action
being taken this action is expected to have a neutral to positive
impact on the air quality of the affected area. Since the action is
expected to have a neutral to positive impact, consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples. Additionally, EPA sets the National Ambient Air
Quality Standards at a level to protect the public health, with an
adequate margin of safety, including the health of at-risk populations,
and protect the public welfare from adverse effects. While EPA
recognizes the importance of assessing impacts of our actions on
potentially overburdened communities, we believe that our approval of
Ohio's request for the revision of OAC Chapter 3745-17 would not
exacerbate existing pollution exposure or burdens for populations in
Ohio.
We do not consider these comments to be germane or relevant to this
action and therefore not adverse to this action. The comments lack the
required specificity to the proposed SIP revision and the relevant
requirements of CAA section 110. Moreover, none of the comments address
a specific regulation or provision in question or recommend a different
action on the SIP submission from what EPA proposed. Therefore, we are
finalizing our action as proposed. EPA encourages the commenters to
remain engaged with stakeholders in the effort to protect human health
and the environment.
II. What action is EPA taking?
In response to the NPRM, EPA received two comments which were not
relevant to the proposed rulemaking. EPA continues to find that the
requested revisions warrant approval for the reasons given in the NPRM.
Therefore, EPA is approving the revisions to OAC 3745-17 that Ohio
submitted on January 18, 2024, with the exception of selected sections
of OAC 3745-17-03 as clarified by Ohio on February 21, 2024.
Specifically, EPA is approving Ohio rules 3745-17-01, 3745-17-03 [with
the exception of the phrase in 3745-17-03(B)(1)(a) reading ``Except as
provided in paragraph (B)(1)(b) of this rule'' and 3745-17-
03(B)(1)(b)], 3745-17-04, 3745-17-07, 3745-17-08, 3745-17-09, 3745-17-
10, 3745-17-11, 3745-17-12, 3745-17-13, and 3745-17-14, effective
August 25, 2023.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in section II of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through https://www.regulations.gov, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rule of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
[[Page 58293]]
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines EJ as ``the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' EPA further defines
the term fair treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
The Ohio did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the editorial
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 16, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 10, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, amend the table in paragraph (c) under ``Chapter
3745-17 Particulate Matter Standards'' by revising entries ``3745-17-
01'' through ``3745-17-14'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
Ohio effective
Ohio citation Title/subject date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-17 Particulate Matter Standards
----------------------------------------------------------------------------------------------------------------
3745-17-01.............. Definitions and 8/25/2023 7/18/2024, [INSERT
referenced materials. FIRST PAGE OF FEDERAL
REGISTER CITATION].
3745-17-03.............. Measurement methods 8/25/2023 7/18/2024, [INSERT Except for paragraph
and procedures. FIRST PAGE OF FEDERAL (B)(1)(b) and the
REGISTER CITATION]. phrase in paragraph
(B)(1)(a) reading
``Except as provided
in paragraph
(B)(1)(b) of this
rule''.
3745-17-04.............. Compliance time 8/25/2023 7/18/2024, [INSERT
schedules. FIRST PAGE OF FEDERAL
REGISTER CITATION].
3745-17-07.............. Control of visible 8/25/2023 7/18/2024, [INSERT
particulate emissions FIRST PAGE OF FEDERAL
from stationary REGISTER CITATION].
sources.
3745-17-08.............. Restriction of 8/25/2023 7/18/2024, [INSERT
emission of fugitive FIRST PAGE OF FEDERAL
dust. REGISTER CITATION].
3745-17-09.............. Restrictions on 8/25/2023 7/18/2024, [INSERT
particulate emissions FIRST PAGE OF FEDERAL
and odors from REGISTER CITATION].
incinerators.
3745-17-10.............. Restrictions on 8/25/2023 7/18/2024, [INSERT
particulate emissions FIRST PAGE OF FEDERAL
from fuel burning REGISTER CITATION].
equipment.
[[Page 58294]]
3745-17-11.............. Restrictions on 8/25/2023 7/18/2024, [INSERT
particulate emissions FIRST PAGE OF FEDERAL
from industrial REGISTER CITATION].
processes.
3745-17-12.............. Additional 8/25/2023 7/18/2024, [INSERT
restrictions on FIRST PAGE OF FEDERAL
particulate emissions REGISTER CITATION].
from specific air
contaminant sources
in Cuyahoga county.
3745-17-13.............. Additional 8/25/2023 7/18/2024, [INSERT
restrictions on FIRST PAGE OF FEDERAL
particulate emissions REGISTER CITATION].
from specific air
contaminant sources
in Jefferson county.
3745-17-14.............. Contingency plan 8/25/2023 7/18/2024, [INSERT
requirements for FIRST PAGE OF FEDERAL
Cuyahoga and REGISTER CITATION].
Jefferson counties.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-15573 Filed 7-17-24; 8:45 am]
BILLING CODE 6560-50-P
