Rule2025-12512
Air Plan Approval; Ohio; Moderate Attainment Plan Elements for the Cleveland Area for the 2015 Ozone Standard
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
July 7, 2025
Effective
August 6, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the following portions of Ohio's State Implementation Plan (SIP) submission for the Cleveland 2015 ozone national ambient air quality standard (NAAQS or standard) Moderate nonattainment area: the base year emissions inventory, the reasonable further progress (RFP) demonstration, the motor vehicle inspection and maintenance (I/M) program, and the nonattainment new source review (NNSR) program. EPA is approving these portions of the state's submission as a SIP revision pursuant to section 110 and part D of the Clean Air Act (CAA) and EPA's regulations. EPA is also finding adequate and approving the 2023 motor vehicle emissions budgets (budgets) associated with the Cleveland Moderate ozone nonattainment RFP demonstration. EPA proposed to approve this action on January 3, 2025, and received no comments.
Full Text
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<title>Federal Register, Volume 90 Issue 127 (Monday, July 7, 2025)</title>
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[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Rules and Regulations]
[Pages 29742-29743]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12512]
[[Page 29742]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0983; FRL-11757-02-R5]
Air Plan Approval; Ohio; Moderate Attainment Plan Elements for
the Cleveland Area for the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
following portions of Ohio's State Implementation Plan (SIP) submission
for the Cleveland 2015 ozone national ambient air quality standard
(NAAQS or standard) Moderate nonattainment area: the base year
emissions inventory, the reasonable further progress (RFP)
demonstration, the motor vehicle inspection and maintenance (I/M)
program, and the nonattainment new source review (NNSR) program. EPA is
approving these portions of the state's submission as a SIP revision
pursuant to section 110 and part D of the Clean Air Act (CAA) and EPA's
regulations. EPA is also finding adequate and approving the 2023 motor
vehicle emissions budgets (budgets) associated with the Cleveland
Moderate ozone nonattainment RFP demonstration. EPA proposed to approve
this action on January 3, 2025, and received no comments.
DATES: This final rule is effective on August 6, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0983. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays. We recommend that
you telephone Kathleen D'Agostino, at (312) 886-1767 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
<a href="/cdn-cgi/l/email-protection#236762444c50574a4d4c0d6842574b4f46464d634653420d444c55"><span class="__cf_email__" data-cfemail="317570565e4245585f5e1f7a5045595d54545f715441501f565e47">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On January 3, 2025 (90 FR 283), EPA proposed to approve the
following portions of Ohio's December 21, 2022, attainment plan
submission: the 2017 base year emissions inventory, the RFP
demonstration, the motor vehicle I/M program, and the NNSR program. EPA
also initiated the adequacy process for the 2023 motor vehicle
emissions budgets for the Cleveland area included in this SIP
submission. An explanation of the CAA requirements, a detailed analysis
of the revisions, and EPA's reasons for proposing approval were
provided in the notice of proposed rulemaking, and will not be restated
here. The public comment period for this proposed rule ended on
February 3, 2025. EPA received no comments on the proposal.
II. Final Action
EPA is approving revisions to Ohio's SIP pursuant to section 110
and part D of the CAA and EPA's regulations promulgated thereto,
because Ohio's December 21, 2022, attainment plan submission satisfies
the base year emissions inventory, RFP demonstration, I/M, and NNSR
requirements of the CAA for the Cleveland area for the 2015 ozone
NAAQS. EPA is also finding adequate and approving the 2023 motor
vehicle emissions budgets associated with the Cleveland Moderate ozone
nonattainment RFP demonstration.
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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 5, 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
[[Page 29743]]
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: June 23, 2025.
Anne Vogel,
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 (e) is amended under
``Summary of Criteria Pollutant Attainment Plans'' by revising the
entry for ``Ozone (8-Hour, 2015)'' with an Applicable geographical or
non-attainment area of Cleveland to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
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Applicable
Title geographical or non- State date EPA approval Comments
attainment area
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* * * * * * *
Summary of Criteria Pollutant Attainment Plans
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* * * * * * *
Ozone (8-Hour, 2015)........... Cleveland.............. 12/21/2022 7/7/2025, 90 FR EPA is approving only
[insert Federal the 2017 base year
Register page emissions inventory,
where the the reasonable
document begins]. further progress
demonstration
including associated
2023 motor vehicle
emissions budgets, I/
M, and nonattainment
new source review.
* * * * * * *
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[FR Doc. 2025-12512 Filed 7-3-25; 8:45 am]
BILLING CODE 6560-50-P
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