Rule2025-21322
Air Plan Approval; Ohio; Emergency Episodes and Ambient Air Quality Standards
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
November 26, 2025
Effective
January 26, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving amendments to Ohio Administrative Code (OAC) Chapter 3745-25, Emergency Episodes and Ambient Air Quality Standards, into Ohio's State Implementation Plan (SIP). The amendments to the rule include minor style changes, correct typographical errors, and update publication and referenced material titles, effective dates, and addresses.
Full Text
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<title>Federal Register, Volume 90 Issue 226 (Wednesday, November 26, 2025)</title>
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[Federal Register Volume 90, Number 226 (Wednesday, November 26, 2025)]
[Rules and Regulations]
[Pages 54236-54238]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21322]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2025-0013; FRL-13051-02-R5]
Air Plan Approval; Ohio; Emergency Episodes and Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
amendments to Ohio Administrative Code (OAC) Chapter 3745-25, Emergency
Episodes and Ambient Air Quality Standards, into Ohio's State
Implementation Plan (SIP). The amendments to the rule include minor
style changes, correct typographical errors, and update publication and
referenced material titles, effective dates, and addresses.
DATES: This direct final rule will be effective January 26, 2026,
unless EPA receives adverse comments by December 26, 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-2025-0013 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#b6fad7d8d1dbd7d898fbdfd5ded7d3daf6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="115d707f767c707f3f5c78727970747d517461703f767e67">[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: Tyler Salamasick, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6206,
<a href="/cdn-cgi/l/email-protection#ce9dafa2afa3afbda7ada5e09ab7a2abbc8eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="abf8cac7cac6cad8c2c8c085ffd2c7ced9ebcedbca85ccc4dd">[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?
On January 7, 2025, Ohio submitted amendments to OAC 3745-25 as a
revision to Ohio's SIP. The amendments to the rules make minor style
changes, correct typographical errors, and update publication and
referenced material titles, effective dates and addresses. These
changes were made to rules 3745-25-01, 3745-25-02, 3745-25-03, 3745-25-
04 and 3745-25-05.
On June 16, 2025, Ohio EPA adopted additional amendments to OAC
3745-25. The amendment included an appendix that was unintentionally
omitted from the January 7, 2025, submittal. Ohio submitted the request
to EPA to include the appendix to OAC 3745-25-04 on July 15, 2025.
On September 2, 2025, Ohio requested that EPA not act on paragraph
(A)(4) of OAC 3745-25-02. At Ohio EPA's request, EPA will not take
action on paragraph (A)(4) of OAC 3745-25-02.
Ohio's amended rules do not revise emission limits, impact emission
standards, or change the scope or intent of each amended rule. Ohio
made minor verb tense and rule formatting changes to be consistent with
State style and formatting guidelines. Ohio also revised publication
and referenced material titles, dates, and websites to refer to more
recent versions of each referenced publication. EPA finds that these
rule changes are approvable since the changes are minor in nature and
do not affect the scope or intent of the rules.
II. What action is EPA taking?
EPA is approving Ohio's amendments to OAC Chapter 3745-25 into
Ohio's SIP. EPA is approving amended rules 3745-25-01, 3745-25-02,
3745-25-03, 3745-25-04 and 3745-25-05 submitted to EPA on January 7,
2025, along with the supplemental submissions submitted on July 15,
2025, and September 2, 2025. EPA is not acting on paragraph (A)(4) of
OAC 3745-25-02.
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 January 26,
2026 without further notice unless we receive relevant adverse written
comments by December 26, 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
January 26, 2026.
III. 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 as of the effective
date of the final rulemaking of EPA's approval, and will
[[Page 54237]]
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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IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Clean Air Act.
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 26, 2026. 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, Carbon oxides,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 14, 2025.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, 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
the entries under the section entitled ``Chapter 3745-25 Emergency
Episode 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 3745-25 Emergency Episode Standards
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3745-25-01..................... Definitions and 12/19/2024 11/26/2025, 90 FR .......................
Reference to [Insert Federal
Materials. Register page
where the
document begins].
3745-25-02..................... Ambient Air 12/19/2024 11/26/2025, 90 FR Except (A)(4).
Quality Standards. [Insert Federal
Register page
where the
document begins].
3745-25-03..................... Air Pollution 12/19/2024 11/26/2025, 90 FR .......................
Emergencies and [Insert Federal
Episode Criteria. Register page
where the
document begins].
3745-25-04..................... Air Pollution 7/7/2025 11/26/2025, 90 FR .......................
Emergency [Insert Federal
Emission Control Register page
Action Programs. where the
document begins].
3745-25-05..................... Air Pollution 12/19/2024 11/26/2025, 90 FR .......................
Emergency Orders. [Insert Federal
Register page
where the
document begins].
[[Page 54238]]
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[FR Doc. 2025-21322 Filed 11-25-25; 8:45 am]
BILLING CODE 6560-50-P
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