[Federal Register Volume 90, Number 88 (Thursday, May 8, 2025)]
[Rules and Regulations]
[Pages 19428-19430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07861]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0528; FRL-12551-02-R5]
Air Plan Approval; Ohio; Nitrogen Oxide Budget Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Ohio State Implementation Plan (SIP) submitted by the
Ohio Environmental Protection Agency (Ohio EPA) on November 4, 2024.
The SIP revisions consist of revised Ohio Administrative Code (OAC)
rules implementing the Nitrogen Oxide (NOX) Budget Program.
The revised rules include non-substantive updates to rule language and
updates to referenced material.
DATES: This direct final rule will be effective July 7, 2025, unless
EPA receives adverse comments by June 9, 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-2024-0528 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any
[[Page 19429]]
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 https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Neena Nallaballi, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-1770,
[email protected]. 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?
Ohio EPA is subject to requirements in Ohio Revised Code 106.03 and
106.031 to review each of its regulations every five years to assess
whether any updates to the regulations are warranted and for other
purposes. Accordingly, Ohio EPA reviewed its regulations in OAC Chapter
3745-14, entitled ``Nitrogen Oxides--Reasonably Available Control
Technology''.\1\ OAC Chapter 3745-14 establishes the NOX
Budget Program in response to EPA's 1998 NOX SIP Call to
reduce the regional transport of NOX emissions from large
sources that contribute to ozone nonattainment. These rules created an
ozone season NOX allowance and trading program for electric
generating units (EGUs) and large non-EGUs. In 2018 and 2019, Ohio EPA
revised these rules such that non-EGUs would continue required
monitoring and reporting even though EPA discontinued compliance
trading options for non-EGUs.
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\1\ While this chapter is titled NOX RACT, Ohio
NOX RACT is included in 3745-110.
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As a result of its review, Ohio EPA concluded that rule revisions
were needed to modify the wording of selected text to correct typos and
reflect new formatting guidelines, and to update publication and
referenced material titles, effective dates, addresses, and websites.
Ohio EPA adopted these various minor revisions and updated their rules
on August 15, 2024, and then requested that EPA approve these revisions
into the Ohio SIP in a submittal dated November 4, 2024.
II. What is EPA's analysis of Ohio's SIP revision?
Ohio EPA has requested that EPA approve revisions to portions of
Chapter 3745-14 of the OAC. These rules include 3745-14-01 (Definitions
and General Provisions) and 3745-14-08 (Monitoring and Reporting). The
revisions are described in detail below. EPA has determined that these
revisions are approvable since they are primarily administrative in
nature and do not relax SIP requirements.
A. 3745-14-01 Definitions and General Provisions
This rule contains the applicable definitions and establishes the
provisions and requirements to implement a NOX budget,
Portland cement kilns, and a stationary (large) internal combustion
engines program in the state of Ohio as a means of control and
reduction of NOX emissions. The rule was revised to update
the publication dates and website URLs of referenced material and to
adopt minor changes in rule language to correct typos and meet updated
style and formatting guidelines. No terms or definitions were added or
removed from this section. Since the revised definitions and general
provisions do not make this rule less stringent, EPA finds that 3745-
14-01 is approvable.
B. 3745-14-08 Monitoring and Reporting
This rule contains compliance monitoring and reporting requirements
for the NOX Budget Program. The rule was revised to adopt
minor language adjustments, including removal of the word ``shall'' and
rearrangement of sentences. Since the revisions to the rule language
are minor in nature and do not affect the scope or intent of the rules,
EPA finds that 3745-14-08 is approvable.
III. What action is EPA taking?
EPA is approving the November 4, 2024, submission by Ohio EPA as a
revision to the Ohio SIP. Specifically, EPA is approving updates to OAC
Chapter 3745-14.
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 July 7, 2025
without further notice unless we receive relevant adverse written
comments by June 9, 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 July 7, 2025.
IV. 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
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 Clean Air Act as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.
[[Page 19430]]
V. 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:
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);
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 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 July 7, 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 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Reporting and
recordkeeping requirements.
Dated: April 24, 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 (c) is amended by revising
entries ``3745-14-01'' and ``3745-14-08'' under ``Chapter 3745-14
Nitrogen Oxides-Reasonably Available Control Technology'' to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(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 3745-14 Nitrogen Oxides-Reasonably Available Control Technology
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* * * * * * *
3745-14-01.............. Definitions and 8/15/2024 5/8/2025, 90 FR ......................
General Provisions. [Insert Federal
Register page where
the document begins].
* * * * * * *
3745-14-08.............. Monitoring and 8/15/2024 5/8/2025, 90 FR ......................
Reporting. [Insert Federal
Register page where
the document begins].
* * * * * * *
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[FR Doc. 2025-07861 Filed 5-7-25; 8:45 am]
BILLING CODE 6560-50-P