Rule2025-13344
Air Plan Approval; Ohio; Second Maintenance Plan for the Ohio Portion of the Campbell-Clermont, KY-OH SO2 Maintenance Area
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 16, 2025
Effective
September 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), the second 10-year maintenance plan submitted to EPA on November 7, 2024, by the Ohio Environmental Protection Agency (Ohio EPA) for the Ohio portion of the Campbell-Clermont Counties, Kentucky-Ohio maintenance area. The Ohio portion of this area consists of Pierce Township in Clermont County, Ohio. The plan addresses the second 10-year maintenance period for the 2010 sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). EPA is approving Ohio EPA's submittal for the area because it provides for the continued maintenance of the 2010 SO<INF>2</INF> NAAQS through the end of the second 10-year portion of the maintenance period.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 134 (Wednesday, July 16, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Rules and Regulations]
[Pages 31872-31877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13344]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0542; FRL-12793-03-R5]
Air Plan Approval; Ohio; Second Maintenance Plan for the Ohio
Portion of the Campbell-Clermont, KY-OH SO2 Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), the second 10-year maintenance plan submitted
to EPA on November 7, 2024, by the Ohio Environmental Protection Agency
(Ohio EPA) for the Ohio portion of the Campbell-Clermont Counties,
Kentucky-Ohio maintenance area. The Ohio portion of this area consists
of Pierce Township in Clermont County, Ohio. The plan addresses the
second 10-year maintenance period for the 2010 sulfur dioxide
(SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). EPA is
approving Ohio EPA's submittal for the area because it provides for the
continued maintenance of the 2010 SO<INF>2</INF> NAAQS through the end
of the second 10-year portion of the maintenance period.
DATES: This direct final rule will be effective September 15, 2025,
unless EPA receives adverse comments by August 15, 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-2024-0542 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#d9b8ababb8f7aab8abb8b199bca9b8f7beb6af"><span class="__cf_email__" data-cfemail="a3c2d1d1c28dd0c2d1c2cbe3c6d3c28dc4ccd5">[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 to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Cecilia Magos, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7336,
<a href="/cdn-cgi/l/email-protection#fd909c9a928ed39e989e9491949cbd988d9cd39a928b"><span class="__cf_email__" data-cfemail="80ede1e7eff3aee3e5e3e9ece9e1c0e5f0e1aee7eff6">[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.
[[Page 31873]]
I. Background
On June 22, 2010 (75 FR 35520), EPA promulgated a new 1-hour
primary SO<INF>2</INF> NAAQS of 75 parts per billion (ppb). EPA
promulgated designations for this standard in four rounds. On August 5,
2013 (78 FR 47191), EPA designated the Campbell-Clermont Counties, KY-
OH area as nonattainment due to the measured violations of the 2010
SO<INF>2</INF> NAAQS. The Ohio portion of the nonattainment area
consists of Pierce Township in Clermont County, Ohio. EPA conducted
designations for the 2010 SO<INF>2</INF> NAAQS based on monitoring data
from the years 2009 to 2011 from the nearby SO<INF>2</INF> monitor in
Highland Heights, Campbell County, Kentucky (AQS Site ID: 21-037-3002,
coordinates 39.021881, -84.474450).
By April 5, 2015, Ohio and Kentucky were both required to submit a
nonattainment State Implementation Plan (SIP) that met the requirements
of CAA sections 172(c) and 191-192, and provided for attainment of the
2010 primary SO<INF>2</INF> NAAQS as expeditiously as practicable, but
no later than October 4, 2018. Air analysis conducted by Ohio EPA in
Clermont County, Ohio found one source, the Walter C. Beckjord plant
(Beckjord plant), to be the main contributor of SO<INF>2</INF>
monitored violations in the nonattainment area. The 2014 shutdown and
later demolition of the Beckjord plant resulted in a significant,
permanent, and enforceable reduction in SO<INF>2</INF> emissions
affecting the nonattainment area. The monitored SO<INF>2</INF> design
value at the nearby Highland Heights monitor for 2012 to 2014 was 72
parts per billion (ppb), below the 2010 SO<INF>2</INF> NAAQS. As a
result, Ohio EPA chose to submit a redesignation and maintenance plan
request for the Pierce Township, Ohio portion of the Campbell-Clermont,
KY-OH nonattainment area to EPA on August 11, 2015. The submission
included a plan to provide for maintenance of the 2010 SO<INF>2</INF>
NAAQS in the area for the first 10-year period.
On November 21, 2016 (81 FR 83158), EPA redesignated the Ohio
portion of the Campbell-Clermont, KY-OH 2010 SO<INF>2</INF>
nonattainment area to attainment and approved the associated
maintenance plan into the Ohio SIP. The purpose of Ohio EPA's November
7, 2024, submittal is to fulfill the second 10-year planning
requirement of CAA section 175A(b) to ensure compliance with the 2010
SO<INF>2</INF> NAAQS through 2036.
II. EPA's Evaluation of the Second Maintenance Plan
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, a State must submit a revision to the SIP that
demonstrates the applicable NAAQS will continue to attain for at least
10 years after an area is redesignated to attainment. Section 175A also
requires that eight years after the redesignation, the State must
submit a revised maintenance plan demonstrating that attainment will
continue to be maintained for the 10 years following the initial 10-
year period. To address the possibility of future NAAQS violations, the
maintenance plan must contain contingency measures deemed necessary to
ensure prompt corrections of any future NAAQS violations.
EPA's 1992 Calcagni Memo provides further guidance on the content
and requirements of an approvable maintenance plan.\1\ Specifically,
the maintenance plan should address five requirements: (1) an
attainment emissions inventory, (2) a maintenance demonstration, (3)
continued air quality monitoring, (4) verification of continued
attainment, and (5) contingency measures.
---------------------------------------------------------------------------
\1\ Calcagni, John, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards, ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' September
4, 1992. (Calcagni Memo)
---------------------------------------------------------------------------
Ohio EPA's November 7, 2024, second 10-year maintenance plan
request outlines a plan for continued maintenance of the 2010
SO<INF>2</INF> NAAQS for the Pierce Township, Ohio portion of the
Campbell-Clermont, KY-OH maintenance area through 2036. EPA is
approving Ohio EPA's November 7, 2024, submittal, which contains Ohio
EPA's maintenance plan and all the necessary components, as a revision
to the Ohio SIP.
A. Attainment Emissions Inventory
For maintenance plans, a State should develop a comprehensive and
accurate inventory of actual emissions for an attainment year that
identifies the level of emissions in an area sufficient to maintain the
NAAQS. Ohio EPA submitted an attainment emission inventory which
addresses the Campbell-Clermont, KY-OH maintenance area's base year
emissions and projections of future emissions for point, mobile
sources, and other area sources.
Ohio EPA is designating 2016 as its base year inventory for the
second 10-year maintenance period. The base year inventory of 2016
represents a comprehensive, accurate, and current inventory of actual
emissions that satisfies section 172(c)(3), due to the permanent
shutdown of the Beckjord plant in 2014, which led to significant,
permanent and enforceable SO<INF>2</INF> emissions reductions in the
area. EPA also approved Ohio EPA's redesignation and first maintenance
plan in 2016 (81 FR 83158, November 21, 2016). EPA finds using 2016 as
the base year to be appropriate for the second 10-year period of the
second maintenance plan submittal. The total SO<INF>2</INF> emissions
for the Ohio portion of the Campbell-Clermont, KY-OH maintenance area
for the 2014 attainment year were 32,610.56 tons per year (tpy). The
total SO<INF>2</INF> emissions in the Campbell-Clermont, KY-OH
maintenance area for the 2016 base year were 33.08 tpy, with 10.18 tpy
from Ohio sources as shown in Table 1 below.
Table 1--2016 Base Year SO2 Emissions From the Campbell-Clermont, KY-OH Area
[tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
EGU point Non-EGU Non-road Other On-road Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ohio.................................................... 0.00 0.10 2.83 6.31 0.94 10.18
Kentucky................................................ 0.00 2.06 0.85 15.46 4.53 22.90
-----------------------------------------------------------------------------------------------
Area Total.......................................... 0.00 2.16 3.68 21.77 5.47 33.08
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 31874]]
B. Maintenance Demonstration
Ohio EPA is demonstrating maintenance through 2036 by showing that
future emissions of SO<INF>2</INF> for the Campbell-Clermont, KY-OH
area remain at or below attainment year emission levels. For the second
maintenance period, 2036 is an appropriate year because it is 10 years
beyond the first 10-year maintenance period. Ohio EPA projected the
2036 emissions inventory for the Campbell-Clermont, KY-OH on-road, non-
road, and other source SO<INF>2</INF> emissions to 2036 (using 2032 as
a surrogate) from the EPA's 2016 version 2 emissions modeling platform
(2016 v2 EMP).\2\ As emissions have been shown to be decreasing over
time, the emissions for 2036 were assumed to be the same as 2032, which
is a conservative assumption. Annual emissions data are derived from
the 2017 National Emissions Inventory (NEI). EPA recognizes that the
2016v2 EMP was the most recently available emissions modeling platform
available at the time of Ohio EPA's SIP development that included
projected SO<INF>2</INF> emissions.\3\ Consistent with the first 10-
year maintenance plan, biogenic emissions are negligible and not
included in the inventory summaries.
---------------------------------------------------------------------------
\2\ The inventory documentation for the modeling platform can be
found here: <a href="https://www.epa.gov/air-emissions-modeling/2016v2-platform">https://www.epa.gov/air-emissions-modeling/2016v2-platform</a>.
\3\ EPA released the 2022v1 Emissions Modeling Platform on
October 21, 2024, which included analytic year SO<INF>2</INF>
emissions inventories for the years 2026, 2032, and 2038. See
<a href="https://www.epa.gov/air-emissions-modeling/2022v1-emissions-modeling-platform">https://www.epa.gov/air-emissions-modeling/2022v1-emissions-modeling-platform</a>.
---------------------------------------------------------------------------
The first maintenance plan for the area did not establish emission
budgets, since the area was first designated nonattainment based on
emissions from nearby sources that have since shutdown.\4\
Additionally, Ohio EPA conducted a review of U.S. census data to
indicate the stagnant population growth in the Pierce Township area and
project the 2036 population size. The area saw a decrease in population
growth from 14.5% in 2000 to 2010 to 4.7% in 2010 to 2020. Further,
according to Ohio EPA, the calculated expected population growth in the
first 10-year maintenance plan submittal for the year 2020 was 15,146
for the Pierce Township area.\5\ The 2020 U.S. Census data confirmed
the actual 2020 population size to be 15,096.\6\ Based on limited
population growth and the permanent shutdown of sources that had
contributed to the nonattainment status of the area, EPA did not
consider an updated emissions budget to be necessary as part of the
second maintenance plan submittal for the Campbell-Clermont, KY-OH
area.
---------------------------------------------------------------------------
\4\ See EPA Round 1 Ohio State Recommendation TSD: <a href="https://www.epa.gov/sites/default/files/2016-03/documents/oh-epa-tsd.pdf">https://www.epa.gov/sites/default/files/2016-03/documents/oh-epa-tsd.pdf</a>.
\5\ See 81 FR 83158 (November 21, 2016), Campbell-Clermont KY-OH
Area 2010 SO<INF>2</INF> Redesignation and Maintenance Plan
submittal, Appendix C.
\6\ See <a href="https://data.census.gov/all?q=pierce+township,+ohio">https://data.census.gov/all?q=pierce+township,+ohio</a>.
---------------------------------------------------------------------------
The 2036 second 10-year maintenance period emissions inventory for
the Campbell-Clermont, KY-OH maintenance area is summarized in Table 2
below. The maintenance demonstration for the Campbell-Clermont, KY-OH
area shows maintenance of the 2010 SO<INF>2</INF> NAAQS by providing
emissions information to support the demonstration that future
emissions of SO<INF>2</INF> will remain at or below the 2016 base year
levels and 2014 attainment year levels, taking into account future
source growth and implementation of future controls. Table 2 shows
total SO<INF>2</INF> emissions in the Campbell-Clermont, KY-OH area are
expected to decrease by 4.31 tpy between 2016 and 2036.
Table 2--2016 and 2036 Second Maintenance Period Combined Campbell-Clermont, KY-OH Area SO2 Emission Inventories
[tpy]
----------------------------------------------------------------------------------------------------------------
2036 Future Net-change
Source category 2016 Base year year (2016-2036)
----------------------------------------------------------------------------------------------------------------
Ohio:
EGU Point................................................... 0.0 0.0 0.0
Non-EGU..................................................... 0.10 0.14 0.04
Non-Road.................................................... 2.83 1.38 -1.45
Other....................................................... 6.31 6.26 -0.05
On-Road..................................................... 0.94 0.36 -0.58
-----------------------------------------------
Total................................................... 10.18 8.14 -2.04
Kentucky:
EGU Point................................................... 0.0 0.0 0.0
Non-EGU..................................................... 2.06 2.07 0.01
Non-Road.................................................... 0.85 0.43 -0.42
Other....................................................... 15.46 15.46 0.0
On-Road..................................................... 4.53 2.67 -1.86
-----------------------------------------------
Total................................................... 22.90 20.63 -2.27
-----------------------------------------------
Area Total.......................................... 33.08 28.77 -4.31
----------------------------------------------------------------------------------------------------------------
C. Monitoring Network
The monitoring data for the Campbell-Clermont, KY-OH area is based
on air quality data collected from the monitor located in Highland
Heights, Campbell County, Kentucky. Monitoring data for the area from
the Highland Heights monitor for the Campbell-Clermont, KY-OH area has
been certified and recorded in EPA's Air Quality System database. Ohio
EPA and Kentucky Division of Air Quality (DAQ) have committed to
continue monitoring for SO<INF>2</INF> in the Campbell-Clermont, KY-OH
area. Table 3 shows the 99th percentile results of the Campbell-
Clermont area Highland Heights monitor, complete, quality-assured data.
The overall 2021-2023 design value for the Campbell-Clermont, KY-OH
area is 8 ppb, remaining well below the 2010 SO<INF>2</INF> NAAQS level
of 75 ppb. For every 3-year period since the 2012-2014 design value
period, the Highland Heights monitor has had a design value below the
2010 SO<INF>2</INF> NAAQS.
[[Page 31875]]
Table 3--Monitoring Data for the Campbell-Clermont, KY-OH Maintenance Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year (ppb)
AQS site Location -----------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
21-037-3002................................... Campbell County, KY............. 12 16 9 8 10 9 9.9 4.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ohio EPA has committed to consult with Kentucky DAQ to continue the
operation of an appropriate monitoring network. Kentucky DAQ is
committed to monitoring SO<INF>2</INF> levels according to an EPA
approved monitoring plan, as required to ensure maintenance of the 2010
SO<INF>2</INF> NAAQS. Should changes in the location of an
SO<INF>2</INF> monitor become necessary, Kentucky DAQ has assured Ohio
that it will consult with EPA prior to making changes to ensure the
adequacy of the monitoring network and ensure compliance with 40 CFR
part 58 and all other federal requirements. Kentucky DAQ has also
assured Ohio EPA it will remain obligated to meet monitoring
requirements and continue to qualify and assure monitoring data in
accordance with 40 CFR part 58, and to enter all data into the Air
Quality System (AQS) in accordance with Federal guidelines.
D. Verification of Continued Attainment
The 2014 SO<INF>2</INF> Guidance states each air agency should
ensure that it has the legal authority to implement and enforce all
measures necessary to attain and maintain the 2010 SO<INF>2</INF>
NAAQS. The air agency's submittal should include how it will track
progress of the maintenance plan for the area either through air
quality monitoring or modeling.
Ohio EPA has the legal authority to enforce and implement the
requirements of the maintenance plan for the Ohio portion of the
Campbell-Clermont, KY-OH area. This includes the authority to adopt,
implement, and enforce any subsequent emission control measures
determined to be necessary to correct future SO<INF>2</INF> attainment
problems. Also, Ohio EPA will continue to operate an approved
SO<INF>2</INF> monitoring network in the Campbell-Clermont, KY-OH area.
There are no plans to discontinue operation, relocate, or otherwise
change the existing SO<INF>2</INF> monitoring network other than
through revisions in the network approved by EPA.
To track future levels of emissions, Ohio EPA will continue to
submit air emissions information annually in accordance with EPA's Air
Emissions Reporting Rule (AERR) and submit to EPA updated emission
inventories for all source categories at least once every three years,
consistent with the requirements of 40 CFR part 51, subpart A, and in
40 CFR 51.122.
E. Contingency Plan
Section 175A of the CAA requires that the State adopt a maintenance
plan, as a SIP revision, that includes such contingency measures as EPA
deems necessary to ensure that the State will promptly correct a
violation of the NAAQS that occurs after redesignation of the area to
attainment of the NAAQS. The maintenance plan must identify: the
contingency measures to be considered and, if needed for maintenance,
adopted and implemented; a schedule and procedure for adoption and
implementation; and, a timeframe for action by the State. The State
should also identify specific indicators to be used to determine when
the contingency measures need to be considered, adopted, and
implemented. The maintenance plan must include a commitment that the
State will implement all measures with respect to the control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d) of the CAA.
Ohio EPA has an active enforcement program to address any future
violations and commits to continue operating a comprehensive program to
identify violations of the 2010 SO<INF>2</INF> NAAQS. This includes
aggressive follow-up for compliance and enforcement, and a commitment
to implement necessary corrective actions in the event of a violation.
Furthermore, if a new measure or control is already promulgated and
scheduled to be implemented at the Federal or State level, and Ohio EPA
determines it to be sufficient to address a 2010 SO<INF>2</INF>
violation, local measures may be unnecessary. Ohio EPA will submit to
EPA an analysis demonstrating the proposed measures are adequate to
return the area to attainment.
Fully validated and quality assured SO<INF>2</INF> monitoring data
will serve as the primary trigger for any responses to prevent or
correct a NAAQS violation in the area. Ohio EPA has established both
warning and action level responses, each with specific triggering
indicators.
A warning level response will occur when the annual average 99th
percentile daily maximum 1-hour SO<INF>2</INF> concentration of 79 ppb
occurs in the area in a single calendar year. A warning level response
will prompt a study to determine if the trigger indicates a trend
toward increasing SO<INF>2</INF> concentrations in the Campbell-
Clermont, KY-OH area. The study will help examine if there is a trend
towards higher SO<INF>2</INF> values or emissions appear to be
increasing and determine the control measures needed to reverse the
trend. The implementation of controls will take place as expeditiously
as possible but no later than 12 months from the conclusion of the most
recent calendar year.
An action level response will occur when the two-year average of
the 99th percentile daily maximum 1-hour SO<INF>2</INF> concentration
of 76 ppb or greater occurs in the area. Additionally, a violation of
the standard, where the three-year average of the 99th percentile daily
maximum 1-hour value of SO<INF>2</INF> concentration is 75 ppb or
higher, will also prompt an action level response. This response will
require Ohio EPA, in conjunction with the metropolitan planning
organization or regional council of governments, to determine
additional control measures needed to ensure future attainment of the
2010 SO<INF>2</INF> NAAQS. Ohio will select measures that can be
implemented within 18 months from the close of the calendar year that
prompted an action level response. Ohio may also determine that
significant new regulations not currently included as part of the
maintenance provisions will be implemented in a timely manner and
constitute an action level response.
Ohio EPA has specified the selected contingency measures will be
adopted from a comprehensive list of measures deemed appropriate and
effective at the time the selection is made. This list of measures will
be based on cost-effectiveness, emission reduction potential, economic
and social considerations or other factors deemed appropriate by Ohio
EPA.
III. What action is EPA taking?
EPA is approving the second 10-year period SO<INF>2</INF>
maintenance plan for the Pierce Township, Ohio portion of the
[[Page 31876]]
Campbell-Clermont counties, KY-OH 2010 SO<INF>2</INF> NAAQS maintenance
area, submitted by Ohio EPA on November 7, 2024. EPA's review of the
air quality for the maintenance area indicates continued attainment
well below the level of the 2010 SO<INF>2</INF> NAAQS through 2036.
EPA's approval of the maintenance plan will satisfy CAA section 175A
requirements for the second 10-year maintenance period for the Ohio
portion of the Campbell-Clermont, KY-OH area.
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 September 15,
2025 without further notice unless we receive relevant adverse written
comments by August 15, 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
September 15, 2025.
IV. 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 rulemaking 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 1, 2025.
Cheryl Newton,
Acting 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 Maintenance Plan'' by revising the
entry for ``SO<INF>2</INF> (2010)'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
[[Page 31877]]
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Title geographical or non- State date EPA approval Comments
attainment area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
SO2 (2010)................. Campbell-Clermont 11/07/2024 7/16/2025, 90 FR 2nd Maintenance Plan.
(Pierce Township in [insert Federal
Clermont County). Register page where
the document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2025-13344 Filed 7-15-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.