106360 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

* * * * * 

PART 81–DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.314,amend the table entitled 

‘‘Illinois—2010 Sulfur Dioxide NAAQS 

[Primary], by revising the entry for 

‘‘Alton Township, IL’’’’ to read as 

follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 1

Designation 

Date 2 Type 

Alton Township, IL .......................................................................................................................................... 12/30/24 Attainment. 

Madison County (part) Within Alton Township: Area east of Corporal Belchik Memorial Expressway, 

south of East Broadway, south of Route 3, and north of Route 143.

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is April 9, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2024–30506 Filed 12–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R05–OAR–2024–0282; FRL–12468– 

02–R5] 

Air Plan Approval; Ohio; Title V 

Operating Permit Rules Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

Ohio EPA’s title V rules. These revisions 

include revisions to the definition of 

hazardous air pollutants and 

requirements for a permit statement of 

basis that are consistent with recent 

Federal rulemaking actions. Other 

changes are insignificant and part of the 

state’s five-year review of adopted 

regulations. 

DATES: This direct final rule will be 

effective February 28, 2025, unless EPA 

receives adverse comments by January 

29, 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–2024–0282 at https://

www.regulations.gov or via email to 

damico.genevieve@epa.gov. 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 

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://

wwww.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: Sam 

Portanova, Air Permits Section, Air and 

Radiation Division (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–3189, 

portanova.sam@epa.gov. 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. Background 

On June 11, 2024, Ohio EPA 

submitted revisions to Ohio 

Administrative Code (OAC) chapters 

3745–77–01, 3745–77–08, and 3745–77– 

09 to EPA for approval as a title V 

program revision. These revisions were 

made as part of Ohio’s statutory fiveyear regulatory review process and 

include a change to the definition of 

hazardous air pollutant, additional 

requirements pertaining to a permit 

statement of basis and response to 

comments, a reordering of the 

definitions in OAC 3745–77–01, minor 

grammatical changes, and updates to 

test method, publication, and reference 

materials. 

II. What action is EPA taking? 

EPA is approving this submittal as 

part of Ohio’s title V permit program. 

The revisions to Ohio’s rules are 

consistent with 40 CFR part 70 and the 

Clean Air Act (CAA) as discussed 

below. 

The definitions in OAC 3745–77–01 

are reorganized such that the terms are 

listed and group in paragraphs 

alphabetically. These revisions do not 

substantively change the provisions of 

this chapter but provide for easier 

search of and subsequent updates to the 

listed definitions. 

The definition of ‘‘hazardous air 

pollutant’’ in OAC 3745–77–01(H) has 

been revised to include ‘‘. . . as revised 

under 40 CFR part 63, subpart C.’’ This 

change to the definition allows for the 

inclusion of 1-bromopropane, which 

EPA added to the CAA’s list of 


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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106361 

hazardous air pollutants on January 5, 

2022, and any future additions to the 

CAA’s hazardous air pollutants list. 

Consistent with this revision, this 

rulemaking action also adds a new item 

under ‘‘referenced materials’’ in OAC 

3745–77–01(AA)(2)(k) for 40 CFR part 

63, subpart C. 

This rulemaking action includes 

revisions to several items under 

‘‘referenced materials’’ in OAC 3745– 

77–01(AA)(2). These revisions update 

the rule language to include the most 

recent edition or publication date of the 

referenced material. This does not 

constitute a substantive change to the 

regulations. 

On February 5, 2020 (85 FR 6431), 

EPA issued a final rule amending 40 

CFR part 70 requiring permitting 

authorities to prepare a written response 

to comments document if significant 

comments are received during the 

public comment period of a draft 

permit. The final rule also specifies that 

a statement of basis must be included 

with a permit during the public 

comment period and EPA’s 45-day 

review period. In addition, the final rule 

requires that the response to comments 

document be included in the proposed 

permit that is sent to EPA for 45-day 

review. In this submittal, Ohio EPA has 

revised OAC 3745–77–08(G)(2), (5), and 

(6) and OAC 3745–77–09(A) to be 

consistent with these changes to the 

Federal rule. 

Included in this rulemaking action are 

grammatical changes throughout OAC 

3745–77. These revisions are intended 

to apply consistent wording throughout 

state regulations and do not represent a 

substantive change to the meaning of 

the rule. 

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 February 28, 2025 without 

further notice unless we receive relevant 

adverse written comments by January 

29, 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 

February 28, 2025. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a state title V 

program submission that complies with 

the provisions of the CAA and 

applicable Federal regulations. 40 CFR 

70.4(i). Thus, in reviewing title V 

program submissions, EPA’s role is to 

approve state choices provided they 

meet the criteria of the CAA and the 

criteria, standards, and procedures 

defined in 40 CFR part 70. Accordingly, 

this final action merely approves state 

law as meeting Federal requirements 

and does not impose additional 

requirements beyond those imposed by 

state law. 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

C. Regulatory Flexibility Act 

This action merely approves state law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

Tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on Tribal 

governments. Thus, Executive Order 

13175 does not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 3(f)(1) 

significant as defined in Executive 

Order 12866, and because EPA does not 

believe the environmental health or 

safety risks addressed by this action 

present a disproportionate risk to 

children because it approves a state 

program. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

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 communities with 


ddrumheller on DSK120RN23PROD with RULES1
106362 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment.’’ 

Ohio EPA did not evaluate EJ 

considerations as part of its program 

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. 

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. 12898/14096 

of achieving EJ for communities with EJ 

concerns. 

K. Congressional Review Act 

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). 

L. Judicial Review 

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 February 28, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 70 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: December 19, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 70 is 

amended as follows: 

PART 70—[AMENDED] 

■ 1. The authority citation for part 70 

continues to read as follows: 

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

■ 2. Appendix A to part 70 is amended 

under ‘‘Ohio’’ by adding paragraph (f) to 

read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs. 

* * * * * 

Ohio 

* * * * * 

(f) The Ohio Environmental Protection 

Agency submitted an operating permits 

program amendment on June 11, 2024. This 

submittal included revisions to the definition 

of hazardous air pollutants and requirements 

for a permit statement of basis. The state is 

hereby granted approval effective February 

28, 2025. 

* * * * * 

[FR Doc. 2024–30739 Filed 12–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 405 

[CMS–4204–F2 & CMS–4174–F2] 

RINs 0938–AV16 and 0938–AT27 

Medicare Program: Appeal Rights for 

Certain Changes in Patient Status and 

Changes to the Medicare Claims and 

Medicare Prescription Drug Coverage 

Determination Appeals Procedures; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rules; correcting 

amendment. 

SUMMARY: This document corrects 

technical errors in the final rule that 

appeared in the October 15, 2024, 

Federal Register titled ‘‘Medicare 

Program: Appeal Rights for Certain 

Changes in Patient Status.’’ It also 

corrects technical errors in the final rule 

that appeared in the May 7, 2019, 

Federal Register titled ‘‘Medicare 

Program; Changes to the Medicare 

Claims and Medicare Prescription Drug 

Coverage Determination Appeals 

Procedures.’’ 

DATES: This correcting amendment is 

effective December 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kristy Nishimoto, (206) 615–2367. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2024–23195 of October 15, 

2024 (89 FR 83240), the final rule titled 

‘‘Medicare Program: Appeal Rights for 

Certain Changes in Patient Status,’’ 

there were technical errors associated 

with the regulations text that are 

identified and corrected in this 

correcting amendment. 

In FR Doc. 2019–09114 of May 7, 

2019 (84 FR 19855), the final rule titled 

‘‘Medicare Program; Changes to the 

Medicare Claims and Medicare 

Prescription Drug Coverage 

Determination Appeals Procedures,’’ 

there was a technical error associated 

with the regulation text that is identified 

and corrected in this correcting 

amendment. 

II. Summary of Errors 

For the October 15, 2024, final rule, 

we are making the following 

corrections: 

• In §§ 405.932(i)(1), 405.936(d)(1), 

and 405.1210(b)(3), we are correcting 

errors in paragraph numbering. 

• In § 405.934(c)(4)(viii), we are 

correcting a grammatical error in the use 

of the word ‘‘party.’’ 

For the May 7, 2019, final rule, in 

§ 405.1014(a)(1)(i), we are removing the 

term ‘‘health’’ in the phrase ‘‘Medicare 

health number’’ because the word 

‘‘health’’ is not necessary to describe an 

individual’s Medicare number. ‘‘Health’’ 

was inadvertently included in the 

regulation text and we are deleting the 

unnecessary term to avoid confusion. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is usually required to 

publish a notice of the proposed rule in 

the Federal Register before the 

provisions of a rule take effect. 

Specifically, 5 U.S.C. 553 requires the 

agency to publish a notice of the 

proposed rule in the Federal Register 

that includes a reference to the legal 

authority under which the rule is 

proposed, and the terms and substance 

of the proposed rule or a description of 

the subjects and issues involved. 

Further, 5 U.S.C. 553 generally requires 

the agency to give interested parties the 

opportunity to participate in the 

rulemaking through public comment 

before a final rule is issued. Section 

1871(b)(1) of the Social Security Act 

(the Act) also generally requires the 

Secretary to provide for notice of the 

proposed rule in the Federal Register 

and provide a period of not less than 60 

days for public comment for rules to 


ddrumheller on DSK120RN23PROD with RULES1