Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 64119 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule establishes a 

safety zone for waters of the Allegheny 

River, from mile 45.7. This rule is 

categorically excluded from further 

review under paragraph 34(g) of figure 

2–1 of the Commandant Instruction an 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C., 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T08–0747 is 

added to read as follows: 

§ 165.T08–0747 Safety Zone; Allegheny 

River, Mile 45.7, Kittanning, PA. 

(a) Location. The following area is a 

safety zone: All waters of the Allegheny 

River, mile 45.7, extending the entire 

width of the waterway. 

(b) Effective date. This rule is 

effective, and will be enforced through 

actual notice, from 8:30 p.m. until 10:00 

p.m. on November 21, 2014. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

authorized by the COTP Pittsburgh or a 

designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the COTP 

Pittsburgh or a designated 

representative. The COTP Pittsburgh 

representative may be contacted at 412– 

644–5808. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP Pittsburgh or their designated 

representative. Designated COTP 

representatives include United States 

Coast Guard commissioned, warrant, 

and petty officers. 

(d) Information broadcasts. The COTP 

Pittsburgh or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

Dated: September 30, 2014. 

L.N. Weaver, 

Commander, U.S. Coast Guard, Captain of 

the Port Pittsburgh. 

[FR Doc. 2014–25615 Filed 10–27–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0385; FRL–9917–92– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Ohio PM2.5 NSR 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), revisions to Ohio’s 

state implementation plan (SIP) as 

requested by the Ohio Environmental 

Protection Agency (OEPA) to EPA on 

June 19, 2014. The revisions to Ohio’s 

SIP implement certain EPA regulations 

for particulate matter smaller than 2.5 

micrometers (PM2.5) by establishing 

definitions related to PM2.5, defining 

PM2.5 increment levels, and setting 

PM2.5 class 1 variances. The revisions 

also incorporate changes made to 

definitions and regulations that 

recognize nitrogen oxides (NOX) as an 

ozone precursor, revising and adding 

definitions, adding Federal land 

manager notification requirements, and 

incorporating minor organizational or 

typographical changes. 

DATES: This direct final rule will be 

effective December 29, 2014, unless EPA 

receives adverse comments by 

November 28, 2014. 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–2014–0385, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-Mail: damico.genevieve@epa.gov. 

3. Fax: (312) 385–5501. 

4. Mail: Genevieve Damico, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Genevieve Damico, 

Chief, Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2014– 

0385. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 


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64120 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 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 

Charmagne Ackerman, Environmental 

Engineer, at (312) 886–0448 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charmagne Ackerman, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0448, 

ackerman.charmagne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. Background 

On June 19, 2014, OEPA submitted 

revisions to chapters in the Ohio 

Administrative Code (OAC) 3745–31. 

Revisions were made to the following 

chapters: 3745–31–01 through 3745–31– 

04, OAC 3745–31–06 through 3745–31– 

23, 3745–31–25, 3745–31–26, 3745–31– 

29 and 3745–31–32. The changes made 

were to implement the PM2.5 National 

Ambient Air Quality Standards 

(NAAQS), PM2.5 New Source Review 

(NSR) program and regulations related 

to NOX as a precursor to ozone; include 

definitions for ‘‘PM2.5,’’ ‘‘PM2.5 direct 

emissions,’’ ‘‘PM2.5 emissions,’’ ‘‘PM2.5

precursor,’’ ‘‘emergency,’’ ‘‘emergency 

engine,’’ ‘‘permanent,’’ ‘‘publicly owned 

treatment works,’’ ‘‘quantifiable,’’ 

‘‘semi-public disposal system,’’ and 

‘‘surplus’’; include Federal land 

manager notification requirements; 

clarification of nonattainment 

provisions; and minor clarification and 

organizational revisions. OEPA has 

requested that we not take action on 

OAC 3745–31–01(SSS)(1)(b) for the 

definition of ‘‘modify’’; OAC 3745–31– 

13(H)(1)(c) for the PM2.5 exemption to 

pre-application ambient monitoring; 

and 3745–31–16(C) for PM2.5 significant 

impact levels. 

II. What action is EPA taking? 

EPA is partially approving the SIP 

revision submittal. These revisions were 

made to comply with regulations 

enacted to address the PM2.5 NAAQS 

and also to include NOX as a precursor 

to ozone. These revisions implement the 

NSR and prevention of significant 

deterioration (PSD) program, as required 

by EPA’s regulations. 

EPA is approving the following rules: 

OAC 3745–31–01(P); OAC 3745–31– 

01(LLL); OAC 3745–31–01(MMM); OAC 

3745–31–01(NNN); OAC 3745–31– 

01(QQQ); OAC 3745–31–01(TTTT); 

OAC 3745–31–01(UUUU); OAC 3745– 

31–01(VVVV); OAC 3745–31– 

01(WWWW); OAC 3745–31– 

01(NNNNN); OAC 3745–31– 

01(VVVVV); OAC 3745–31–11(B); OAC 

3745–31–13; and 3745–31–16. EPA is 

not taking action at this time on the 

remaining submitted rules and will do 

so in a subsequent rulemaking action. 

A. PM2.5-Related Actions 

On April 25, 2007, EPA published the 

‘‘Clean Air Fine Particle Implementation 

Rule’’ (72 FR 20586) as a final rule in 

the Federal Register. This 2007 action 

provides rules and guidance for the 

CAA requirements for SIPs to 

implement the 1997 fine particle 

NAAQS. As part of this rulemaking, 

EPA promulgated 40 CFR part 51, 

subpart Z ‘‘Provisions for 

Implementation of PM2.5 National 

Ambient Air Quality Standards’’. 40 

CFR part 51, subpart Z outlines the 

requirements that a state SIP must meet 

to implement and comply with the 

PM2.5 NAAQS. The final rule became 

effective on May 29, 2007. 

On May 16, 2008, EPA published the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (73 FR 28321) as a final rule in 

the Federal Register. These 2008 

regulations establish the PM2.5 NSR 

program. The PM2.5 NSR program 

includes provisions establishing the 

PM2.5 major source threshold, 

significant emissions rate, and 

applicability of NSR to PM2.5 precursors. 

This final rule became effective on July 

15, 2008. 

OEPA has submitted the following 

definitions to be added to OAC 3745– 

31–01: ‘‘PM2.5’’ at 3745–31–01(TTTT); 

‘‘PM2.5 direct emissions’’ at 3745–31– 

01(UUUU); ‘‘PM2.5 emissions’’ at 3745– 

31–01(VVVV); and ‘‘PM2.5 precursor’’ at 

3745–31–01(WWWW). The definition of 

‘‘baseline area’’ at 3745–31–01(P) was 

revised to explicitly identify pollutant 

air quality impacts that would define a 

baseline area where a minor source 

baseline date is already established. The 

definition of ‘‘major source baseline 

date’’ at 3745–31–01(MMM) adds 

October 20, 2010, as the major source 

baseline date for PM2.5. Ohio’s revision 

of ‘‘minor source baseline date’’ at 

3745–31–01(QQQ) establishes October 

20, 2011, as the trigger date for PM2.5. 

OEPA has revised the definitions of 

‘‘significant’’ at 3745–31–01(VVVVV)(1) 

to add significant emission rates for 

direct PM2.5 and for sulfur dioxide SO2

and NOX as PM2.5 precursors. 

OEPA revised 3745–31– 

01(NNNNN)(2) to include SO2 and NOX

as precursors to PM2.5 in all attainment 

areas. 

OEPA has revised the definition of 

‘‘regulated NSR pollutant’’ at 3745–31– 

01(NNNNN)(1)(d), and 

(NNNNN)(2)(a)(ii), to include 

condensable PM2.5 and PM10 into the 

nonattainment NSR and PSD programs. 

The 2008 NSR Rule did not require 

states to immediately account for gases 

that could condense to form particulate 

matter, known as condensables, in PM2.5

and PM10 emission limits in NSR 

permits. Instead, EPA determined that 

states had to account for PM2.5 and PM10

condensables for applicability 

determinations and in establishing 

emissions limitations for PM2.5 and 

PM10 in PSD and nonattainment NSR 

permits beginning on or after January 1, 

2011. These requirements are codified at 

40 CFR 51.166(b)(49)(i)(a) and 40 CFR 

52.21(b)(50)(i)(a). 

EPA has determined that the revised 

rules comply with the revisions to the 

Federal definitions and provisions 

pertaining to PM2.5 found at 40 CFR 

51.100, 51.165, and 51.166. 

OEPA’s revision to 3745–31–11(B) 

establishes increments for PM2.5. On 

October 20, 2010, EPA issued the final 

rule on the ‘‘Prevention of Significant 

Deterioration for Particulate Matter Less 

than 2.5 Micrometers—Increments, 

Significant Impact Levels and 

Significant Monitoring Concentration.’’ 

This rule established several provisions 

for making PSD permitting 

determinations for PM2.5, including a 

system of ‘‘increments’’ which is the 

mechanism used to estimate significant 

deterioration of ambient air quality for 

a pollutant. OEPA’s revisions are 

consistent with 40 CFR 51.166(c) and 40 

CFR 52.21(c). 

B. Ozone-Related Actions 

On November 29, 2005, EPA 

published the ‘‘Final Rule to Implement 


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1 706 F.3d 428 (D.C. Cir. 2013). 

the 8-Hour Ozone National Ambient Air 

Quality Standard—Phase 2’’ (70 FR 

71612). Among other requirements, this 

rule required regulation of NOX as a 

precursor to ozone in NSR permitting. 

The final rule became effective on 

January 30, 2006. 

OEPA has revised the definitions for 

‘‘major modification’’ at 3745–31– 

01(LLL)(2), ‘‘major stationary source’’ at 

3745–31–01(NNN)(3), ‘‘regulated NSR 

pollutant’’ at 3745–31–01(NNNNN) and 

‘‘significant’’ at 3745–31–01(VVVVV) to 

include NOX as a precursor to ozone. 

The revisions are consistent with 40 

CFR 51.166. 

OEPA did not include ‘‘or NOX’’ to 

the exemptions to pre-application 

ambient monitoring in the attainment 

provisions found in paragraph (H)(1)(f) 

of OAC 3745–31–13. It is not consistent 

with 40 CFR 51.166 (i)(5)(i)(f) footnote 

1. However, OEPA submitted a letter to 

EPA on June 30, 2014, clarifying that the 

omission of ‘‘or NOX’’ was not intended 

and that OEPA has identified NOX as a 

precursor to ozone in all other required 

rule provisions. OEPA also explains that 

because a major stationary source is 

required to do source impact analysis, 

and NOX has been identified as a 

precursor to ozone in its revised rules, 

including the definitions of major 

stationary source, major modification, 

and significant noted above, Paragraph 

(B) of OAC 3745–31–16 requires the 

same impact analysis as specified in the 

CFR for ozone and also requires preapplication ambient monitoring of VOC 

and NOX. EPA agrees with the analysis 

in OEPA’s letter and does not believe 

that an applicability or source impact 

analysis gap would occur as a result of 

the state’s omission of ‘‘or NOX’’ at OAC 

3745–31–13(H)(1)(f). Therefore, the 

provisions that are being approved by 

EPA in this rulemaking represent a 

strengthening of the currently-approved 

Ohio SIP, specifically with respect to 

the explicit identification of NOX as a 

precursor to ozone. 

C. Nonattainment NSR-Related Actions 

OEPA revised 3745–31–01(NNNNN) 

to include SO2 and NOX as precursors 

to PM2.5 in all attainment and 

nonattainment areas. On January 4, 

2013, the U.S. Court of Appeals for the 

District of Columbia Circuit, in Natural 

Resources Defense Council v. EPA 1

issued a decision that remanded the 

EPA’s 2007 and 2008 rules 

implementing the 1997 PM2.5 NAAQS. 

Relevant here, the 2008 NSR Rule 

promulgated NSR requirements for 

implementation of PM2.5 in both 

nonattainment areas and attainment/

unclassifiable areas. The Court found 

that EPA erred in implementing the 

PM2.5 NAAQS in these rules solely 

pursuant to the general implementation 

provisions of subpart 1 of part D of title 

I of the CAA, rather than pursuant to the 

additional implementation provisions 

specific to particulate matter 

nonattainment areas in subpart 4. The 

Court ordered the EPA to ‘‘repromulgate 

these rules pursuant to Subpart 4 

consistent with this opinion.’’ Id. at 437. 

On April 25, 2014, the Administrator 

signed a final rulemaking that begins to 

address the remand (see http://

www.epa.gov/airquality/

particlepollution/actions.html). Upon 

its effective date, the final rule classified 

all existing PM2.5 nonattainment areas as 

‘‘Moderate’’ nonattainment areas and set 

a deadline of December 31, 2014, for 

states to submit any SIP submissions, 

including nonattainment NSR SIPs, that 

may be necessary to satisfy the 

requirements of subpart 4, part D, title 

I of the CAA with respect to PM2.5

nonattainment areas. 

In a separate rulemaking process that 

will follow the April 2014 rule, EPA is 

evaluating the requirements of subpart 4 

as they pertain to nonattainment NSR 

for PM2.5 emissions. In particular, 

subpart 4 includes section 189(e) of the 

CAA, which requires the control of 

major stationary sources of PM10

precursors ‘‘except where the 

Administrator determines that such 

sources do not contribute significantly 

to PM10 levels which exceed the 

standard in the area.’’ Under the court’s 

decision in NRDC, section 189(e) of the 

CAA also applies to PM2.5. 

OEPA’s revisions to the definition of 

‘‘regulated NSR pollutant’’ identify SO2

and NOX as regulated PM2.5 precursors. 

While VOCs and ammonia are not 

regulated PM2.5 precursors in PM2.5

nonattainment areas in the state, the 

revisions to the definition of 

‘‘significant’’ add emission rates 

considered significant for direct PM2.5

and for SO2 and NOX as PM2.5

precursors. These revisions, although 

consistent with the 2008 NSR Rule as 

developed consistent with subpart 1 of 

the CAA, may not contain the elements 

necessary to satisfy the CAA 

requirements when evaluated under the 

subpart 4 statutory requirements. In 

particular, Ohio’s submission does not 

include regulation of VOCs and 

ammonia as PM2.5 precursors, nor does 

it include a demonstration consistent 

with section 189(e) showing that major 

sources of those precursor pollutants 

would not contribute significantly to 

PM2.5 levels exceeding the standard in 

the area. For these reasons, EPA cannot 

conclude at this time that this part of 

Ohio’s nonattainment NSR submission 

satisfies all of the requirements of 

subpart 4 as they pertain to PM2.5

nonattainment NSR permitting. 

Although the revisions to Ohio’s 

nonattainment NSR rule may not 

contain all of the necessary elements to 

satisfy the CAA requirements when 

evaluated under the subpart 4 

provisions, the revisions themselves 

represent a strengthening of the 

currently-approved Ohio SIP which 

does not address PM2.5 at all. As a result 

of the April 25, 2014, final rule, OEPA 

will have until December 31, 2014, to 

make any additional submission 

necessary to address the requirements of 

subpart 4, including addressing the 

PM2.5 precursors of VOC and ammonia. 

For these reasons, EPA is approving the 

nonattainment NSR revisions at 3745– 

31–01(NNNNN)(1)(c) and 3745–31– 

01(VVVVV)(1) without listing the 

absence of either the regulation or 

evaluation of VOCs and ammonia as 

PM2.5 precursors as a deficiency at this 

time. 

D. Organizational and Typographical 

Changes 

OEPA also made organizational 

changes to lettering or numbering of 

paragraphs as well as corrections to 

typographical errors. EPA is approving 

these revisions as they do not change 

the meaning of the existing language. 

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 December 29, 2014 without 

further notice unless we receive relevant 

adverse written comments by November 

28, 2014. 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 


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64122 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 

comments, this action will be effective 

December 29, 2014. 

III. 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 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 an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

This rule 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 as specified by Executive 

Order 13175, nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 December 29, 2014. 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 today’s 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 monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 6, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(161) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(161) On June 19, 2014, the Ohio 

Environmental Protection Agency 

submitted several PM2.5 rules for 

approval into the Ohio State 

Implementation Plan (SIP). The changes 

to the SIP include establishing 

definitions related to particulate matter 

smaller than 2.5 micrometers (PM2.5), 

defining PM2.5 increment levels, and 

setting PM2.5 class 1 variances. The 

revisions also incorporate changes made 

to definitions and regulations that 

recognize nitrogen oxides (NOX) as an 

ozone precursor, and incorporating 

minor organizational or typographical 

changes. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–31–01, ‘‘Definitions’’, paragraphs 

(P), (LLL), (MMM), (NNN), (QQQ), 

(TTTT), (UUUU), (VVVV), (WWWW), 

(NNNNN), and (VVVVV), effective May 

29, 2014. 

(B) Ohio Administrative Code 3745– 

31–11, ‘‘Attainment provisions— 

ambient air increments, ceilings and 

classifications’’, paragraph (B) 

‘‘Allowable increments’’, effective May 

29, 2014. 

(C) Ohio Administrative Code 3745– 

31–13, ‘‘Attainment provisions—review 

of major stationary sources and major 

modifications, stationary source 

applicability and exemptions’’, effective 

May 29, 2014. 

(D) Ohio Administrative Code 3745– 

31–16, ‘‘Attainment provisions—major 

stationary source impact analysis’’, 

effective May 29, 2014. 

(E) May 19, 2014, ‘‘Director’s Final 

Findings and Orders’’, signed by Craig 

W. Butler, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. 2014–25482 Filed 10–27–14; 8:45 am] 

BILLING CODE 6560–50–P 


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