Air Plan Approval; Ohio; Nitrogen Oxide Standards Rules, 106330-106332 [2024-30734]
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106330
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
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 air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. Although not a basis for that
action, the EPA performed an EJ
analysis for informational purposes only
in its June 13, 2023, proposed
disapproval of Louisiana’s SIP revision.
See 88 FR 38448, 38453–38455 (June 13,
2023) and 88 FR 85112, 85123–85124
(December 7, 2023) for more
information. The EPA views this action
as a necessary procedural step following
the D.C. Circuit decision and vacatur of
portions of the 2015 SIP call.
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
communities with EJ concerns.
This action is subject to the
Congressional Review Act, and the 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 February 28, 2025. 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.
ddrumheller on DSK120RN23PROD with RULES1
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedures,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
and Reporting and recordkeeping
requirements.
Dated: December 19, 2024.
Earthea Nance,
Regional Administrator, EPA Region 6.
[FR Doc. 2024–30747 Filed 12–27–24; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2024–0529; FRL–12471–
01–R5]
Air Plan Approval; Ohio; Nitrogen
Oxide Standards Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Ohio State Implementation Plan
(SIP) submitted by the Ohio
Environmental Protection Agency (Ohio
EPA) on November 4, 2024. Ohio EPA
requested that EPA approve the revised
rules for nitrogen oxide standards in the
Ohio Administrative Code (OAC) into
Ohio’s SIP. The revised rules include
non-substantive updates to rule
language and updates to referenced
material. The revisions will assist with
Ohio’s efforts to attain and maintain the
National Ambient Air Quality Standards
(NAAQS) for nitrogen dioxide (NO2).
DATES: This direct final rule will be
effective February 28, 2025, unless EPA
receives adverse comments by January
29, 2025. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2024–0529 at https://
www.regulations.gov or via email to
langman.michael@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from the docket. EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI),
Proprietary Business Information (PBI),
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
SUMMARY:
PO 00000
Frm 00100
Fmt 4700
Sfmt 4700
information about CBI, PBI, or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
wwww.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Delaney Kilgour, Air and Radiation
Division (AR–1–8J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1106,
kilgour.delaney@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is the background for these
actions?
Ohio EPA is subject to requirements
in Ohio Revised Code 106.03 and
106.031 to review each of its regulations
every five years to assess whether any
updates to the regulations are warranted
and for other purposes. Accordingly,
Ohio EPA reviewed its regulations in
OAC Chapter 3745–23, entitled
‘‘Nitrogen Oxide Standards.’’ OAC
Chapter 3745–23 is part of Ohio’s
strategy for attainment and maintenance
of the NAAQS for NO2.
As a result of its review, Ohio EPA
concluded that rule revisions were
needed to modify the wording of
selected text to correct typos and reflect
new formatting guidelines, and to
update publication and referenced
material titles, effective dates,
addresses, and websites. Ohio EPA
adopted these various minor revisions
and updated their rules on August 15,
2024, and then requested that EPA
approve these revisions into the Ohio
SIP in a submittal dated November 4,
2024.
II. What is EPA’s analysis of Ohio’s SIP
revision?
Ohio EPA has requested that EPA
approve revised rules under Chapter
3745–23 of the OAC. These rules
include 3745–23–01 (Definitions) and
3745–23–02 (Methods of measurement).
These revised rules are intended to
assist in maintaining the NO2 NAAQS.
The revisions are described in detail
below. EPA is determining that these
revisions are approvable since they are
primarily administrative in nature and
serve to strengthen the SIP.
A. 3745–23–01 Definitions
This rule contains the applicable
definitions and referenced material for
OAC Chapter 3745–23. The rule is being
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revised to include updates to the
publication dates and website URLs of
referenced material, and to adopt minor
changes in rule language to correct
typos and meet updated style and
formatting guidelines. No terms or
definitions were added or removed from
this section. Since the revised
definitions do not make this rule less
stringent, EPA finds that 3745–23–01 is
approvable.
B. 3745–23–02
measurement
Methods of
This rule contains methods for
measuring and determining the
concentration of NO2 in ambient air.
The rule is being revised to adopt minor
language adjustments, including
removal of the word ‘‘shall’’ and
rearrangement of sentences. Since the
revisions to the rule language are minor
in nature and do not affect the scope or
intent of the rules, EPA finds that 3745–
23–02 is approvable.
ddrumheller on DSK120RN23PROD with RULES1
III. What action is EPA taking?
EPA is approving the November 4,
2024, submission by Ohio EPA as a
revision to the Ohio SIP. Specifically,
EPA is approving updates to OAC
Chapter 3745–23.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective February 28, 2025 without
further notice unless we receive relevant
adverse written comments by January
29, 2025. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
February 28, 2025.
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IV. 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
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 Clean Air
Act (CAA) as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference in the
next update to the SIP compilation.1
V. 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
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00101
Fmt 4700
Sfmt 4700
106331
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.
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,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. Executive Order
14096 (Revitalizing Our Nation’s
Commitment to Environmental Justice
for All, 88 FR 25251, April 26, 2023)
builds on and supplements E.O. 12898
and defines EJ as, among other things,
the just treatment and meaningful
involvement of all people, regardless of
income, race, color, national origin, or
Tribal affiliation, or disability in agency
decision-making and other Federal
activities that affect human health and
the environment.
Ohio EPA 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 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. 12898/14096
of achieving EJ for communities with EJ
concerns.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
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 February 28, 2025. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: December 19, 2024.
Debra Shore,
Regional Administrator, Region 5.
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, the table in paragraph
(c) is amended by revising entries
‘‘3745–23–01’’ and ‘‘3745–23–02’’ under
‘‘Chapter 3745–23 Nitrogen Oxide
Standards’’ to read as follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
*
*
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
EPA-APPROVED OHIO REGULATIONS
Ohio citation
Ohio effective
date
Title/subject
*
*
*
*
Chapter 3745–23
Definitions .......................................
8/15/2024
3745–23–02
Methods of Measurement ...............
8/15/2024
*
*
*
*
*
*
*
[FR Doc. 2024–30734 Filed 12–27–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2024–0228; EPA–R09–
OAR–2022–0338; FRL–11830–02–R9]
Federal Implementation Plan for
Nonattainment New Source Review
Program; Mojave Desert Air Quality
Management District, California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a Federal
Implementation Plan (FIP) under the
Clean Air Act (CAA) that consists of
Nonattainment New Source Review
(NNSR) rules for areas within the
jurisdiction of the Mojave Desert Air
Quality Management District
SUMMARY:
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*
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*
*
12/30/2024, [INSERT FIRST PAGE OF Federal
Register CITATION].
12/30/2024, [INSERT FIRST PAGE OF Federal
Register CITATION].
*
(MDAQMD or ‘‘District’’) in which air
pollutant concentrations are above
specific National Ambient Air Quality
Standards (NAAQS). The NNSR rules
will apply to construction of new major
stationary sources and major
modifications at existing major
stationary sources of air pollution. The
FIP will be implemented by the EPA,
unless and until it is replaced by an
EPA-approved state implementation
plan (SIP). In this action, the EPA is also
responding to a September 5, 2024
decision of the United States Ninth
Circuit Court of Appeals for the Ninth
Circuit, which remanded the EPA’s
disapproval of a MDAQMD rule
provision related to the calculation and
generation of emissions offsets. This
response again disapproves MDAQMD
Rule 1304(C)(2)(d) and provides
additional information to support that
decision.
DATES: This final rule is effective on
February 28, 2025.
ADDRESSES: The EPA has established a
docket for the FIP rulemaking under
Docket ID No. EPA–R09–OAR–2024–
PO 00000
Notes
Nitrogen Oxide Standards
3745–23–01
*
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EPA Approval date
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*
*
0228. The EPA established a different
docket (EPA–R09–OAR–2022–0338), for
its 2023 limited approval/limited
disapproval of a MDAQMD state
implementation plan submission, which
contained provisions addressing the
calculation and generation of emissions
offsets for the nonattainment area
permitting program. This notification
will be placed in both dockets, which
are each accessible via the Federal
eRulemaking Portal at https://
www.regulations.gov/. Although listed
in the indices for these rules, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, EPA Docket Center, William
Jefferson Clinton West Building, Room
3334, 1301 Constitution Ave. NW,
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Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106330-106332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30734]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0529; FRL-12471-01-R5]
Air Plan Approval; Ohio; Nitrogen Oxide Standards Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Ohio State Implementation Plan (SIP) submitted by the
Ohio Environmental Protection Agency (Ohio EPA) on November 4, 2024.
Ohio EPA requested that EPA approve the revised rules for nitrogen
oxide standards in the Ohio Administrative Code (OAC) into Ohio's SIP.
The revised rules include non-substantive updates to rule language and
updates to referenced material. The revisions will assist with Ohio's
efforts to attain and maintain the National Ambient Air Quality
Standards (NAAQS) for nitrogen dioxide (NO2).
DATES: This direct final rule will be effective February 28, 2025,
unless EPA receives adverse comments by January 29, 2025. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0529 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI), Proprietary Business Information (PBI), or other information
whose disclosure is restricted by statute. Multimedia submissions
(audio, video, etc.) must be accompanied by a written comment. The
written comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI, PBI, or multimedia submissions,
and general guidance on making effective comments, please visit https://wwww.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Delaney Kilgour, Air and Radiation
Division (AR-1-8J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1106,
[email protected]. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is the background for these actions?
Ohio EPA is subject to requirements in Ohio Revised Code 106.03 and
106.031 to review each of its regulations every five years to assess
whether any updates to the regulations are warranted and for other
purposes. Accordingly, Ohio EPA reviewed its regulations in OAC Chapter
3745-23, entitled ``Nitrogen Oxide Standards.'' OAC Chapter 3745-23 is
part of Ohio's strategy for attainment and maintenance of the NAAQS for
NO2.
As a result of its review, Ohio EPA concluded that rule revisions
were needed to modify the wording of selected text to correct typos and
reflect new formatting guidelines, and to update publication and
referenced material titles, effective dates, addresses, and websites.
Ohio EPA adopted these various minor revisions and updated their rules
on August 15, 2024, and then requested that EPA approve these revisions
into the Ohio SIP in a submittal dated November 4, 2024.
II. What is EPA's analysis of Ohio's SIP revision?
Ohio EPA has requested that EPA approve revised rules under Chapter
3745-23 of the OAC. These rules include 3745-23-01 (Definitions) and
3745-23-02 (Methods of measurement). These revised rules are intended
to assist in maintaining the NO2 NAAQS. The revisions are
described in detail below. EPA is determining that these revisions are
approvable since they are primarily administrative in nature and serve
to strengthen the SIP.
A. 3745-23-01 Definitions
This rule contains the applicable definitions and referenced
material for OAC Chapter 3745-23. The rule is being
[[Page 106331]]
revised to include updates to the publication dates and website URLs of
referenced material, and to adopt minor changes in rule language to
correct typos and meet updated style and formatting guidelines. No
terms or definitions were added or removed from this section. Since the
revised definitions do not make this rule less stringent, EPA finds
that 3745-23-01 is approvable.
B. 3745-23-02 Methods of measurement
This rule contains methods for measuring and determining the
concentration of NO2 in ambient air. The rule is being
revised to adopt minor language adjustments, including removal of the
word ``shall'' and rearrangement of sentences. Since the revisions to
the rule language are minor in nature and do not affect the scope or
intent of the rules, EPA finds that 3745-23-02 is approvable.
III. What action is EPA taking?
EPA is approving the November 4, 2024, submission by Ohio EPA as a
revision to the Ohio SIP. Specifically, EPA is approving updates to OAC
Chapter 3745-23.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective February 28,
2025 without further notice unless we receive relevant adverse written
comments by January 29, 2025. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
February 28, 2025.
IV. 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
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 Clean Air Act (CAA) as of the
effective date of the final rulemaking 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).
---------------------------------------------------------------------------
V. 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.
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,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people, regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.
Ohio EPA 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 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. 12898/14096 of achieving EJ for communities with EJ concerns.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of
[[Page 106332]]
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 February 28, 2025. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: December 19, 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, the table in paragraph (c) is amended by revising
entries ``3745-23-01'' and ``3745-23-02'' under ``Chapter 3745-23
Nitrogen Oxide Standards'' 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 3745-23 Nitrogen Oxide Standards
----------------------------------------------------------------------------------------------------------------
3745-23-01.............. Definitions........... 8/15/2024 12/30/2024, [INSERT
FIRST PAGE OF Federal
Register CITATION].
3745-23-02.............. Methods of Measurement 8/15/2024 12/30/2024, [INSERT
FIRST PAGE OF Federal
Register CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-30734 Filed 12-27-24; 8:45 am]
BILLING CODE 6560-50-P