Air Plan Approval; Ohio; Title V Operating Permit Rules Revisions, 106360-106362 [2024-30739]
Download as PDF
106360
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
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Authority: 42 U.S.C. 7401, et seq.
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§ 81.314
4. In § 81.314,amend the table entitled
‘‘Illinois—2010 Sulfur Dioxide NAAQS
[Primary], by revising the entry for
‘‘Alton Township, IL’’’’ to read as
follows:
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PART 81–DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
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Illinois.
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ILLINOIS—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area 1
Date 2
Alton Township, IL ..........................................................................................................................................
Madison County (part) Within Alton Township: Area east of Corporal Belchik Memorial Expressway,
south of East Broadway, south of Route 3, and north of Route 143.
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12/30/24
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Type
Attainment.
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1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is April 9, 2018, unless otherwise noted.
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[FR Doc. 2024–30506 Filed 12–27–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 70
[EPA–R05–OAR–2024–0282; FRL–12468–
02–R5]
Air Plan Approval; Ohio; Title V
Operating Permit Rules Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
Ohio EPA’s title V rules. These revisions
include revisions to the definition of
hazardous air pollutants and
requirements for a permit statement of
basis that are consistent with recent
Federal rulemaking actions. Other
changes are insignificant and part of the
state’s five-year review of adopted
regulations.
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–2024–0282 at https://
www.regulations.gov or via email to
damico.genevieve@epa.gov. For
comments submitted at Regulations.gov,
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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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/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT: Sam
Portanova, Air Permits Section, Air and
Radiation Division (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3189,
portanova.sam@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
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‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On June 11, 2024, Ohio EPA
submitted revisions to Ohio
Administrative Code (OAC) chapters
3745–77–01, 3745–77–08, and 3745–77–
09 to EPA for approval as a title V
program revision. These revisions were
made as part of Ohio’s statutory fiveyear regulatory review process and
include a change to the definition of
hazardous air pollutant, additional
requirements pertaining to a permit
statement of basis and response to
comments, a reordering of the
definitions in OAC 3745–77–01, minor
grammatical changes, and updates to
test method, publication, and reference
materials.
II. What action is EPA taking?
EPA is approving this submittal as
part of Ohio’s title V permit program.
The revisions to Ohio’s rules are
consistent with 40 CFR part 70 and the
Clean Air Act (CAA) as discussed
below.
The definitions in OAC 3745–77–01
are reorganized such that the terms are
listed and group in paragraphs
alphabetically. These revisions do not
substantively change the provisions of
this chapter but provide for easier
search of and subsequent updates to the
listed definitions.
The definition of ‘‘hazardous air
pollutant’’ in OAC 3745–77–01(H) has
been revised to include ‘‘. . . as revised
under 40 CFR part 63, subpart C.’’ This
change to the definition allows for the
inclusion of 1-bromopropane, which
EPA added to the CAA’s list of
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ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
hazardous air pollutants on January 5,
2022, and any future additions to the
CAA’s hazardous air pollutants list.
Consistent with this revision, this
rulemaking action also adds a new item
under ‘‘referenced materials’’ in OAC
3745–77–01(AA)(2)(k) for 40 CFR part
63, subpart C.
This rulemaking action includes
revisions to several items under
‘‘referenced materials’’ in OAC 3745–
77–01(AA)(2). These revisions update
the rule language to include the most
recent edition or publication date of the
referenced material. This does not
constitute a substantive change to the
regulations.
On February 5, 2020 (85 FR 6431),
EPA issued a final rule amending 40
CFR part 70 requiring permitting
authorities to prepare a written response
to comments document if significant
comments are received during the
public comment period of a draft
permit. The final rule also specifies that
a statement of basis must be included
with a permit during the public
comment period and EPA’s 45-day
review period. In addition, the final rule
requires that the response to comments
document be included in the proposed
permit that is sent to EPA for 45-day
review. In this submittal, Ohio EPA has
revised OAC 3745–77–08(G)(2), (5), and
(6) and OAC 3745–77–09(A) to be
consistent with these changes to the
Federal rule.
Included in this rulemaking action are
grammatical changes throughout OAC
3745–77. These revisions are intended
to apply consistent wording throughout
state regulations and do not represent a
substantive change to the meaning of
the rule.
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
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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.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a state title V
program submission that complies with
the provisions of the CAA and
applicable Federal regulations. 40 CFR
70.4(i). Thus, in reviewing title V
program submissions, EPA’s role is to
approve state choices provided they
meet the criteria of the CAA and the
criteria, standards, and procedures
defined in 40 CFR part 70. Accordingly,
this final action merely approves state
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
state law.
A. Executive Order 12866: Regulatory
Planning and Review, and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined in
Executive Order 12866, as amended by
Executive Order 14094, and was
therefore not subject to a requirement
for Executive Order 12866 review.
B. Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
C. Regulatory Flexibility Act
This action merely approves state law
as meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
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106361
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 9, 2000), requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule does not have
Tribal implications, as specified in
Executive Order 13175. It will not have
substantial direct effects on Tribal
governments. Thus, Executive Order
13175 does not apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 because it is not 3(f)(1)
significant as defined in Executive
Order 12866, and because EPA does not
believe the environmental health or
safety risks addressed by this action
present a disproportionate risk to
children because it approves a state
program.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
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 communities with
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
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,
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 program
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.
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
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).
L. Judicial Review
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 rule 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).
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List of Subjects in 40 CFR Part 70
Environmental protection, Air
pollution control, Intergovernmental
relations, 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 70 is
amended as follows:
21:04 Dec 27, 2024
SUPPLEMENTARY INFORMATION:
1. The authority citation for part 70
continues to read as follows:
I. Background
In FR Doc. 2024–23195 of October 15,
2024 (89 FR 83240), the final rule titled
‘‘Medicare Program: Appeal Rights for
Certain Changes in Patient Status,’’
there were technical errors associated
with the regulations text that are
identified and corrected in this
correcting amendment.
In FR Doc. 2019–09114 of May 7,
2019 (84 FR 19855), the final rule titled
‘‘Medicare Program; Changes to the
Medicare Claims and Medicare
Prescription Drug Coverage
Determination Appeals Procedures,’’
there was a technical error associated
with the regulation text that is identified
and corrected in this correcting
amendment.
■
Authority: 42 U.S.C. 7401 et seq.
2. Appendix A to part 70 is amended
under ‘‘Ohio’’ by adding paragraph (f) to
read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs.
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Ohio
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(f) The Ohio Environmental Protection
Agency submitted an operating permits
program amendment on June 11, 2024. This
submittal included revisions to the definition
of hazardous air pollutants and requirements
for a permit statement of basis. The state is
hereby granted approval effective February
28, 2025.
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[FR Doc. 2024–30739 Filed 12–27–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
K. Congressional Review Act
VerDate Sep<11>2014
PART 70—[AMENDED]
Jkt 265001
Centers for Medicare & Medicaid
Services
42 CFR Part 405
[CMS–4204–F2 & CMS–4174–F2]
RINs 0938–AV16 and 0938–AT27
Medicare Program: Appeal Rights for
Certain Changes in Patient Status and
Changes to the Medicare Claims and
Medicare Prescription Drug Coverage
Determination Appeals Procedures;
Correcting Amendment
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rules; correcting
amendment.
AGENCY:
This document corrects
technical errors in the final rule that
appeared in the October 15, 2024,
Federal Register titled ‘‘Medicare
Program: Appeal Rights for Certain
Changes in Patient Status.’’ It also
corrects technical errors in the final rule
that appeared in the May 7, 2019,
Federal Register titled ‘‘Medicare
Program; Changes to the Medicare
Claims and Medicare Prescription Drug
Coverage Determination Appeals
Procedures.’’
DATES: This correcting amendment is
effective December 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Kristy Nishimoto, (206) 615–2367.
SUMMARY:
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II. Summary of Errors
For the October 15, 2024, final rule,
we are making the following
corrections:
• In §§ 405.932(i)(1), 405.936(d)(1),
and 405.1210(b)(3), we are correcting
errors in paragraph numbering.
• In § 405.934(c)(4)(viii), we are
correcting a grammatical error in the use
of the word ‘‘party.’’
For the May 7, 2019, final rule, in
§ 405.1014(a)(1)(i), we are removing the
term ‘‘health’’ in the phrase ‘‘Medicare
health number’’ because the word
‘‘health’’ is not necessary to describe an
individual’s Medicare number. ‘‘Health’’
was inadvertently included in the
regulation text and we are deleting the
unnecessary term to avoid confusion.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (APA),
the agency is usually required to
publish a notice of the proposed rule in
the Federal Register before the
provisions of a rule take effect.
Specifically, 5 U.S.C. 553 requires the
agency to publish a notice of the
proposed rule in the Federal Register
that includes a reference to the legal
authority under which the rule is
proposed, and the terms and substance
of the proposed rule or a description of
the subjects and issues involved.
Further, 5 U.S.C. 553 generally requires
the agency to give interested parties the
opportunity to participate in the
rulemaking through public comment
before a final rule is issued. Section
1871(b)(1) of the Social Security Act
(the Act) also generally requires the
Secretary to provide for notice of the
proposed rule in the Federal Register
and provide a period of not less than 60
days for public comment for rules to
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Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106360-106362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30739]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R05-OAR-2024-0282; FRL-12468-02-R5]
Air Plan Approval; Ohio; Title V Operating Permit Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Ohio EPA's title V rules. These revisions include
revisions to the definition of hazardous air pollutants and
requirements for a permit statement of basis that are consistent with
recent Federal rulemaking actions. Other changes are insignificant and
part of the state's five-year review of adopted regulations.
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-2024-0282 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: Sam Portanova, Air Permits Section,
Air and Radiation Division (AR-18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-3189, [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. Background
On June 11, 2024, Ohio EPA submitted revisions to Ohio
Administrative Code (OAC) chapters 3745-77-01, 3745-77-08, and 3745-77-
09 to EPA for approval as a title V program revision. These revisions
were made as part of Ohio's statutory five-year regulatory review
process and include a change to the definition of hazardous air
pollutant, additional requirements pertaining to a permit statement of
basis and response to comments, a reordering of the definitions in OAC
3745-77-01, minor grammatical changes, and updates to test method,
publication, and reference materials.
II. What action is EPA taking?
EPA is approving this submittal as part of Ohio's title V permit
program. The revisions to Ohio's rules are consistent with 40 CFR part
70 and the Clean Air Act (CAA) as discussed below.
The definitions in OAC 3745-77-01 are reorganized such that the
terms are listed and group in paragraphs alphabetically. These
revisions do not substantively change the provisions of this chapter
but provide for easier search of and subsequent updates to the listed
definitions.
The definition of ``hazardous air pollutant'' in OAC 3745-77-01(H)
has been revised to include ``. . . as revised under 40 CFR part 63,
subpart C.'' This change to the definition allows for the inclusion of
1-bromopropane, which EPA added to the CAA's list of
[[Page 106361]]
hazardous air pollutants on January 5, 2022, and any future additions
to the CAA's hazardous air pollutants list. Consistent with this
revision, this rulemaking action also adds a new item under
``referenced materials'' in OAC 3745-77-01(AA)(2)(k) for 40 CFR part
63, subpart C.
This rulemaking action includes revisions to several items under
``referenced materials'' in OAC 3745-77-01(AA)(2). These revisions
update the rule language to include the most recent edition or
publication date of the referenced material. This does not constitute a
substantive change to the regulations.
On February 5, 2020 (85 FR 6431), EPA issued a final rule amending
40 CFR part 70 requiring permitting authorities to prepare a written
response to comments document if significant comments are received
during the public comment period of a draft permit. The final rule also
specifies that a statement of basis must be included with a permit
during the public comment period and EPA's 45-day review period. In
addition, the final rule requires that the response to comments
document be included in the proposed permit that is sent to EPA for 45-
day review. In this submittal, Ohio EPA has revised OAC 3745-77-
08(G)(2), (5), and (6) and OAC 3745-77-09(A) to be consistent with
these changes to the Federal rule.
Included in this rulemaking action are grammatical changes
throughout OAC 3745-77. These revisions are intended to apply
consistent wording throughout state regulations and do not represent a
substantive change to the meaning of the rule.
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.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a state
title V program submission that complies with the provisions of the CAA
and applicable Federal regulations. 40 CFR 70.4(i). Thus, in reviewing
title V program submissions, EPA's role is to approve state choices
provided they meet the criteria of the CAA and the criteria, standards,
and procedures defined in 40 CFR part 70. Accordingly, this final
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law.
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
C. Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' This rule does not have Tribal
implications, as specified in Executive Order 13175. It will not have
substantial direct effects on Tribal governments. Thus, Executive Order
13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not 3(f)(1) significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children
because it approves a state program.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
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 communities with
[[Page 106362]]
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, 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 program
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. 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.
K. Congressional Review Act
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).
L. Judicial Review
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 rule 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 70
Environmental protection, Air pollution control, Intergovernmental
relations, 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 70 is
amended as follows:
PART 70--[AMENDED]
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Appendix A to part 70 is amended under ``Ohio'' by adding paragraph
(f) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs.
* * * * *
Ohio
* * * * *
(f) The Ohio Environmental Protection Agency submitted an
operating permits program amendment on June 11, 2024. This submittal
included revisions to the definition of hazardous air pollutants and
requirements for a permit statement of basis. The state is hereby
granted approval effective February 28, 2025.
* * * * *
[FR Doc. 2024-30739 Filed 12-27-24; 8:45 am]
BILLING CODE 6560-50-P