Rule2024-30734
Air Plan Approval; Ohio; Nitrogen Oxide Standards Rules
Primary source
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Published
December 30, 2024
Effective
February 28, 2025
Issuing agencies
Environmental Protection Agency
Abstract
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 (NO<INF>2</INF>).
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 (NO<INF>2</INF>).
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#026e636c656f636c2c6f6b616a63676e426772632c656d74"><span class="__cf_email__" data-cfemail="e68a8788818b8788c88b8f858e87838aa6839687c8818990">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
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 <a href="https://wwww.epa.gov/dockets/commenting-epa-dockets">https://wwww.epa.gov/dockets/commenting-epa-dockets</a>.
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,
<a href="/cdn-cgi/l/email-protection#dab1b3b6bdb5afa8f4bebfb6bbb4bfa39abfaabbf4bdb5ac"><span class="__cf_email__" data-cfemail="03686a6f646c76712d67666f626d667a436673622d646c75">[email protected]</span></a>. 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
NO<INF>2</INF>.
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 NO<INF>2</INF> 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 NO<INF>2</INF> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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\
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\1\ 62 FR 27968 (May 22, 1997).
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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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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(c) * * *
EPA-Approved Ohio Regulations
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Ohio effective
Ohio citation Title/subject date EPA Approval date Notes
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Chapter 3745-23 Nitrogen Oxide Standards
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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].
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[FR Doc. 2024-30734 Filed 12-27-24; 8:45 am]
BILLING CODE 6560-50-P
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