[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Rules and Regulations]
[Pages 58291-58294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15573]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2024-0034; FRL-11775-02-R5]


Air Plan Approval; Ohio; OAC Chapter 3745-17 Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to Ohio's particulate matter rules into the Ohio State 
Implementation Plan (SIP) under the Clean Air Act (CAA). The revisions 
to Ohio's particulate matter rules remove provisions for facilities or 
emissions units that have permanently shut down, update facility names 
and addresses, and make nonsubstantive revisions to the language of the 
rules. EPA proposed to approve this action on April 15, 2024, and 
received two comments.

DATES: This final rule is effective on August 19, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2024-0034. All documents in the docket are listed on 
the https://www.regulations.gov 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 https://www.regulations.gov 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 Emily Crispell, Environmental Scientist, at (312) 353-
8512 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Air and Radiation 
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois, 60604, (312) 353-8512, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On January 18, 2024, the Ohio Environmental Protection Agency 
(Ohio) requested SIP approval of a variety of amendments to its 
regulations in Ohio Administrative Code (OAC) Chapter 3745-17, entitled 
``Particulate Matter Standards.'' The amended rules include 
administrative revisions such as the removal of provisions that pertain 
to facilities that have permanently shut down, renumbering of emissions 
units

[[Page 58292]]

for facilities that have combined operations, and modification of 
wording for phrases that Ohio wishes to rephrase. Ohio amended its 
request on February 21, 2024, to request EPA not act on the alternate 
set of opacity limits mentioned in OAC Rule 3745-17-03. Accordingly, 
EPA is not acting on those provisions.
    EPA proposed to approve the requested revisions to OAC Chapter 
3745-17 on April 15, 2024, at 89 FR 26115. The notice of proposed 
rulemaking (NPRM) provides a more complete discussion of the revisions 
that Ohio requested be approved and EPA's evaluation of these 
revisions.
    The public comment period for this proposed rule ended on May 15, 
2024. EPA received two comments on the proposal. All of the comments 
received are included in the docket for this action.
    The first comment came from an anonymous commenter and pertained to 
environmental spills that have occurred in Ohio. The second comment 
came from an anonymous commenter and requested that Executive Order 
12898 be reviewed, and that Environmental Justice (EJ) be included in 
the Ohio SIP process.
    Executive Order 12898 (59 FR 7629, February 16, 1994) requires that 
Federal agencies, to the greatest extent practicable and permitted by 
law, identify and address disproportionately high and adverse human 
health or environmental effects of their actions on minority and low-
income populations. Additionally, Executive Order 13985 (86 FR 7009, 
January 25, 2021) directs Federal agencies to assess whether, and to 
what extent, their programs and policies perpetuate systemic barriers 
to opportunities and benefits for people of color and other underserved 
groups, and Executive Order 14008 (86 FR 7619, February 1, 2021) 
directs Federal agencies to develop programs, policies, and activities 
to address the disproportionate health, environmental, economic, and 
climate impacts on disadvantaged communities.
    As the commentor acknowledged, EPA reviewed Ohio's requested rule 
revisions and determined that due to the editorial nature of the action 
being taken this action is expected to have a neutral to positive 
impact on the air quality of the affected area. Since the action is 
expected to have a neutral to positive impact, 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 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples. Additionally, EPA sets the National Ambient Air 
Quality Standards at a level to protect the public health, with an 
adequate margin of safety, including the health of at-risk populations, 
and protect the public welfare from adverse effects. While EPA 
recognizes the importance of assessing impacts of our actions on 
potentially overburdened communities, we believe that our approval of 
Ohio's request for the revision of OAC Chapter 3745-17 would not 
exacerbate existing pollution exposure or burdens for populations in 
Ohio.
    We do not consider these comments to be germane or relevant to this 
action and therefore not adverse to this action. The comments lack the 
required specificity to the proposed SIP revision and the relevant 
requirements of CAA section 110. Moreover, none of the comments address 
a specific regulation or provision in question or recommend a different 
action on the SIP submission from what EPA proposed. Therefore, we are 
finalizing our action as proposed. EPA encourages the commenters to 
remain engaged with stakeholders in the effort to protect human health 
and the environment.

II. What action is EPA taking?

    In response to the NPRM, EPA received two comments which were not 
relevant to the proposed rulemaking. EPA continues to find that the 
requested revisions warrant approval for the reasons given in the NPRM. 
Therefore, EPA is approving the revisions to OAC 3745-17 that Ohio 
submitted on January 18, 2024, with the exception of selected sections 
of OAC 3745-17-03 as clarified by Ohio on February 21, 2024. 
Specifically, EPA is approving Ohio rules 3745-17-01, 3745-17-03 [with 
the exception of the phrase in 3745-17-03(B)(1)(a) reading ``Except as 
provided in paragraph (B)(1)(b) of this rule'' and 3745-17-
03(B)(1)(b)], 3745-17-04, 3745-17-07, 3745-17-08, 3745-17-09, 3745-17-
10, 3745-17-11, 3745-17-12, 3745-17-13, and 3745-17-14, effective 
August 25, 2023.

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 https://www.regulations.gov, 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 CAA as of the effective date of the 
final rule 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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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:
     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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.

[[Page 58293]]

    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, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines EJ as ``the fair treatment and meaningful involvement of 
all people regardless of race, color, national origin, or income with 
respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.'' EPA further defines 
the term fair treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    The Ohio 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 editorial 
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 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    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 16, 2024. 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. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: July 10, 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, amend the table in paragraph (c) under ``Chapter 
3745-17 Particulate Matter Standards'' by revising entries ``3745-17-
01'' through ``3745-17-14'' 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 3745-17 Particulate Matter Standards
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3745-17-01..............  Definitions and              8/25/2023  7/18/2024, [INSERT
                           referenced materials.                   FIRST PAGE OF FEDERAL
                                                                   REGISTER CITATION].
3745-17-03..............  Measurement methods          8/25/2023  7/18/2024, [INSERT      Except for paragraph
                           and procedures.                         FIRST PAGE OF FEDERAL   (B)(1)(b) and the
                                                                   REGISTER CITATION].     phrase in paragraph
                                                                                           (B)(1)(a) reading
                                                                                           ``Except as provided
                                                                                           in paragraph
                                                                                           (B)(1)(b) of this
                                                                                           rule''.
3745-17-04..............  Compliance time              8/25/2023  7/18/2024, [INSERT
                           schedules.                              FIRST PAGE OF FEDERAL
                                                                   REGISTER CITATION].
3745-17-07..............  Control of visible           8/25/2023  7/18/2024, [INSERT
                           particulate emissions                   FIRST PAGE OF FEDERAL
                           from stationary                         REGISTER CITATION].
                           sources.
3745-17-08..............  Restriction of               8/25/2023  7/18/2024, [INSERT
                           emission of fugitive                    FIRST PAGE OF FEDERAL
                           dust.                                   REGISTER CITATION].
3745-17-09..............  Restrictions on              8/25/2023  7/18/2024, [INSERT
                           particulate emissions                   FIRST PAGE OF FEDERAL
                           and odors from                          REGISTER CITATION].
                           incinerators.
3745-17-10..............  Restrictions on              8/25/2023  7/18/2024, [INSERT
                           particulate emissions                   FIRST PAGE OF FEDERAL
                           from fuel burning                       REGISTER CITATION].
                           equipment.

[[Page 58294]]

 
3745-17-11..............  Restrictions on              8/25/2023  7/18/2024, [INSERT
                           particulate emissions                   FIRST PAGE OF FEDERAL
                           from industrial                         REGISTER CITATION].
                           processes.
3745-17-12..............  Additional                   8/25/2023  7/18/2024, [INSERT
                           restrictions on                         FIRST PAGE OF FEDERAL
                           particulate emissions                   REGISTER CITATION].
                           from specific air
                           contaminant sources
                           in Cuyahoga county.
3745-17-13..............  Additional                   8/25/2023  7/18/2024, [INSERT
                           restrictions on                         FIRST PAGE OF FEDERAL
                           particulate emissions                   REGISTER CITATION].
                           from specific air
                           contaminant sources
                           in Jefferson county.
3745-17-14..............  Contingency plan             8/25/2023  7/18/2024, [INSERT
                           requirements for                        FIRST PAGE OF FEDERAL
                           Cuyahoga and                            REGISTER CITATION].
                           Jefferson counties.
 
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[FR Doc. 2024-15573 Filed 7-17-24; 8:45 am]
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