Rule2024-30739
Air Plan Approval; Ohio; Title V Operating Permit Rules Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 30, 2024
Effective
February 28, 2025
Issuing agencies
Environmental Protection Agency
Abstract
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.
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 106360-106362]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30739]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#e783868a8e8488c980828982918e829182a7829786c9808891"><span class="__cf_email__" data-cfemail="5b3f3a36323834753c3e353e2d323e2d3e1b3e2b3a753c342d">[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: 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, <a href="/cdn-cgi/l/email-protection#deaeb1acaabfb0b1a8bff0adbfb39ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="b2c2ddc0c6d3dcddc4d39cc1d3dff2d7c2d39cd5ddc4">[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. 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
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</html>Indexed from Federal Register on December 30, 2024.
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