Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4649 

livestock onto the legacy CCR surface 

impoundment as set forth in 

§ 257.100(f)(3)(ii) no later than 

November 8, 2024; 

(3) Place on or immediately adjacent 

to the unit the permanent identification 

marker as set forth by § 257.73(a)(1) no 

later than January 8, 2025; 

(4) Compile a history of construction 

as set forth by § 257.73(c) no later than 

February 9, 2026; 

(5) Prepare the initial CCR fugitive 

dust control plan as set forth in 

§ 257.80(b) no later than November 8, 

2024; 

(6) Prepare the initial annual fugitive 

dust control report as set forth in 

§ 257.80(c) no later than January 8, 

2026; 

(7) No later than May 10, 2027, the 

owner or operator of the legacy CCR 

surface impoundment must: 

(i) Install the groundwater monitoring 

system as required by § 257.91; 

(ii) Develop the groundwater 

sampling and analysis program, 

including the selection of the statistical 

procedures, that will be used for 

evaluating groundwater monitoring data 

as required by § 257.93; 

(iii) Be in compliance with the 

following groundwater monitoring 

requirements: 

(A) Initiate the detection monitoring 

and assessment monitoring programs to 

include obtaining a minimum of eight 

independent samples for each 

background and downgradient well, as 

required by §§ 257.94(b) and 257.95. 

(B) Begin evaluating the groundwater 

monitoring data for statistically 

significant increases over background 

levels for the constituents listed in 

appendix III of this part, as required by 

§ 257.94; 

(C) Begin evaluating the groundwater 

monitoring data for statistically 

significant levels over groundwater 

protection standards for the constituents 

listed in appendix IV of this part as 

required by § 257.95; 

(8) Include in the applicability report 

specified in § 257.100(f)(1) information 

on the completed closure, along with 

supporting documentation to 

demonstrate that the closure meets the 

performance standards in § 257.102(d) 

or the standards specified in 

§ 257.101(g); 

(9) Prepare an initial written postclosure care plan as set forth in 

§ 257.104(d) no later than November 8, 

2027; 

(10) Conduct post-closure care as set 

forth in § 257.104(b); and 

(11) Comply with applicable 

recordkeeping, notification, and website 

posting requirements as set forth by 

§§ 257.105 through 257.107. 

(j) The owner or operator of the legacy 

CCR surface impoundment must comply 

with the recordkeeping requirements 

specified in § 257.105(k), the 

notification requirements specified in 

§ 257.106(k), and the internet 

requirements specified in § 257.107(k). 

■ 9. Amend § 257.102 by adding 

paragraphs (e)(4)(vi) and (vii), and 

revising paragraph (f)(1)(ii) to read as 

follows: 

§ 257.102 Criteria for conducting the 

closure or retrofit of CCR units and closure 

of CCR management units. 

* * * * * 

(e) * * * 

(4) * * * 

(vi) An owner or operator of a legacy 

CCR surface impoundment closing the 

CCR unit as required by § 257.101(e). 

(vii) An owner or operator of a CCR 

management unit closing the CCR unit 

as required by § 257.101(f). 

(f) * * * 

(1) * * * 

(ii) For existing and new CCR surface 

impoundments, any lateral expansion of 

a CCR surface impoundment, and legacy 

CCR surface impoundments, within five 

years of commencing closure activities. 

* * * * * 

[FR Doc. 2025–00848 Filed 1–15–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2022–0007; FRL 9344.1–01– 

OAR] 

RIN 2060–AV63 

Reference Measurement Principle and 

Calibration Procedure for the 

Measurement of Ozone in the 

Atmosphere (Chemiluminescence 

Method); Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction and 

correcting amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting a final rule 

published in the Federal Register on 

October 12, 2023, that became effective 

on November 13, 2023. The final rule 

updated the current ozone absorption 

cross-section to the recommended 

consensus-based value of 1.1329x10¥17

cm2 molecule¥1 or 304.39 atm¥1 cm¥1. 

After publication, the EPA became 

aware of an error in the preamble text 

regarding the date for State, local, and 

Tribal monitoring agencies to complete 

implementation of the new ozone crosssection value, as well as a lack of clarity 

as to which entities the 2025 and 2026 

implementation dates apply. With this 

action, the EPA is updating the final 

rule preamble and regulatory text to 

clarify the applicable implementation 

dates and the specific entities to which 

they apply. These corrections do not 

include any substantive changes to the 

final rule. 

DATES: This final rule is effective on 

January 16, 2025. 

ADDRESSES: The EPA has established a 

docket for the final rule under Docket ID 

No. EPA–HQ–OAR–2022–0007. 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, e.g., CBI 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Beaver, Air Quality Assessment 

Division (C304–06), Environmental 

Protection Agency, 109 T.W. Alexander 

Drive, P.O. Box 12055, Office of Air 

Quality Planning and Standards, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

1062; email address: beaver.melinda@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Correction to Preamble of October 12, 

2023 Final Rule 

In the final rule preamble, the EPA 

incorrectly stated that State, local, and 

Tribal monitoring agencies will 

complete cross-section implementation 

by January 1, 2026. The cross-section 

will begin implementation at the highest 

level of the calibration hierarchy, the 

Standard Reference Photometer (SRP), 

on January 1, 2025. Because of the time 

needed to fully implement the crosssection across the national traceability 

hierarchy for the calibration of the 

ozone monitoring network, the State, 

local, and Tribal monitoring agencies 

are not expected to complete 

implementation of the cross-section at 

the monitor level by January 1, 2026; 

instead, the EPA expects the crosssection implementation will be 

complete throughout the traceability 

hierarchy by December 31, 2026. 

Also, the accompanying regulatory 

text in section 2.2 of appendix D to part 

50 is inconsistent with the preamble 


ddrumheller on DSK120RN23PROD with RULES1
4650 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

language that was published in the final 

rule in that it does not specify to which 

parties the implementation dates apply. 

The EPA is correcting both the preamble 

language and regulatory text in section 

2.2 of appendix D to part 50 for 

consistency. 

Correcting Amendments to 40 CFR Part 

50 Appendix D 

To be consistent with the preamble 

correction, section 2.2 in appendix D to 

part 50 is also revised. 

II. Rulemaking Procedures 

Section 553(b)(B) of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(B), provides that, when an 

agency for good cause finds that public 

notice and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

The EPA has determined that there is 

good cause for making this correction 

final without prior proposal. In this 

instance, notice and opportunity for 

comment is unnecessary because the 

corrections merely conform the 

expected implementation dates in the 

regulatory text to the preamble and 

clarify the entities to which these dates 

apply. Therefore, these minor, nonsubstantive technical corrections do not 

warrant public comment. 

Moreover, the EPA has determined 

that there is good cause for making this 

final rule effective less than 30 days 

after publication in the Federal 

Register. Section 553(d)(3) of the APA, 

5 U.S.C. 553(d)(3), provides that final 

rules shall not become effective until 30 

days after publication in the Federal 

Register ‘‘except . . . as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ ‘‘In 

determining whether good cause exists, 

an agency should ‘balance the necessity 

for immediate implementation against 

principles of fundamental fairness 

which require that all affected persons 

be afforded a reasonable amount of time 

to prepare for the effective date of its 

ruling.’’ Omnipoint Corp. v. Fed. 

Commc’n Comm’n, 78 F.3d 620, 630 

(D.C. Cir. 1996) (quoting United States 

v. Gavrilovic, 551 F.2d 1099, 1105 (8th 

Cir. 1977)). Because this rule extends 

the expected implementation date for 

specified entities from January 1, 2026, 

to December 31, 2026, the affected 

parties do not need time to adjust their 

behavior before the rule takes effect. 

For these reasons, the Agency finds 

that good cause exists under APA 

section 553(d)(3) to make this rule 

effective on January 16, 2025. 

III. Statutory and Executive Orders 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

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 by 

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 (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This action revises the ozone 

absorption cross-section and revise and 

amend relevant references. It does not 

contain any information collection 

activities. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action updates the 

ozone absorption cross-section value for 

surface ozone monitoring under 40 CFR 

part 50, and we anticipate that there 

will be minimal costs associated with 

this change. We have, therefore, 

concluded that this action will have no 

net regulatory burden for all directly 

regulated small entities. 

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 imposes no 

enforceable duty on any State, local, or 

Tribal governments, or the private 

sector. 

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 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. This action updates a 

reference measurement principle and 

calibration procedure for the 

measurement of ambient ozone under 

40 CFR part 50. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking involves technical 

standards. The EPA used voluntary 

consensus standards in the preparation 

of this measurement principle and 

procedure; it is the benchmark against 

which all ambient ozone monitoring 

methods are compared. This action is 

simply updating the reference 

measurement principle in light of 

updated information. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this type of 

action does not concern human health 

or environmental conditions and, 

therefore, cannot be evaluated with 

respect to potentially disproportionate 

and adverse effects on people of color, 

low-income populations and/or 

indigenous peoples. This regulatory 

action is an update to a previously 

promulgated analytical method and 

does not have any impact on human 

health or the environment. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each house of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4651 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in the SUPPLEMENTARY

INFORMATION section. The EPA has 

determined that there is good cause for 

making this correction final without 

prior proposal. In this instance, notice 

and opportunity for comment is 

unnecessary because this action 

implements a minor, non-substantive 

technical correction that conforms the 

regulatory text to the rule’s preamble. 

List of Subjects in 40 CFR Part 50 

Environmental protection, Air 

pollution control, Ozone. 

Joseph Goffman, 

Assistant Administrator, Office of Air and 

Radiation. 

Accordingly, the EPA corrects FR 

Doc. 2023–22531 and 40 CFR part 50 as 

follows: 

Federal Register Correction 

In FR Doc. 2023–22531, at 88 FR 

70595 in the Federal Register of October 

12, 2023, on page 70597, in the first 

column, the second, third and fourth 

sentences of the last paragraph are 

corrected to read as follows: 

‘‘The absorption cross-section value stated 

in this appendix (304.39 atm¥1 cm¥1 ± 0.94 

atm¥1 cm¥1) will be used in all U.S. 

Standard Reference Photometers (SRPs) 

beginning January 1, 2025. It is expected that 

implementation across all other ozone 

transfer standards and ozone monitors in the 

field will be completed by December 31, 

2026.’’ 

PART 50—NATIONAL PRIMARY AND 

SECONDARY AMBIENT AIR QUALITY 

STANDARDS 

■ 1. The authority citation for part 50 

continues to read as follows: 

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

* * * * * 

■ 2. Amend Appendix D to Part 50 by 

revising section 2.2 to read as follows: 

Appendix D to Part 50—Reference 

Measurement Principle and Calibration 

Procedure for the Measurement of 

Ozone in the Atmosphere 

(Chemiluminescence Method) 

* * * * * 

2.2 The measurement system is calibrated 

by referencing the instrumental 

chemiluminescence measurements to 

certified O3 standard concentrations 

generated in a dynamic flow system and 

assayed by ultraviolet (UV) photometry to be 

traceable to a National Institute of Standards 

and Technology (NIST) standard reference 

photometer for O3 (see Section 4, Calibration 

Procedure, below) with a specified ozone 

absorption cross-section value. The 

absorption cross-section value stated in 

section 4.1 and section 4.5.3.10 of this 

appendix (304.39 atm¥1 cm¥1 ± 0.94 atm¥1

cm¥1) will begin use in all U.S. Standard 

Reference Photometers (SRPs) on January 1, 

2025. It is expected that implementation 

across all other ozone transfer standards and 

ozone monitors in the field will be completed 

by December 31, 2026. 

* * * * * 

[FR Doc. 2025–00946 Filed 1–15–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2019–0350; FRL–12535– 

01–R8] 

Clean Air Act Operating Permit 

Program; Notice of Issuance of Title V 

Federal Operating Permit to Deseret 

Generation and Transmission Cooperative 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of final action. 

SUMMARY: The Environmental Protection 

Agency (EPA) issued a final permit 

decision under title V of the Clean Air 

Act (CAA) to Deseret Bonanza and 

Transmission Co-operative (Deseret) for 

the operation of Deseret’s Uintah 

County, Utah, Bonanza Power Plant 

(Bonanza). 

DATES: EPA issued title V Permit to 

Operate No. V–UO–000004–2019.00 to 

Deseret on December 4, 2023, under 40 

CFR part 71. This permit was appealed 

to the Environmental Appeals Board by 

the Ute Tribe of Utah. The Board denied 

review of the permit on September 10, 

2024, and EPA issued the final permit 

decision on December 17, 2024. 

Pursuant to section 307(b)(1) of the 

CAA, judicial review of EPA’s final 

permit decision, to the extent it is 

available, may be sought by filing a 

petition for review in the United States 

Court of Appeals for the Tenth Circuit 

by March 17, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Suman Kunwar, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–AP–P, 1595 Wynkoop Street, 

Denver, Colorado, 80202–1129, 

telephone number: (303) 312–6095, 

email address: kunwar.suman@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. This SUPPLEMENTARY

INFORMATION is arranged as follows: 

I. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under Docket ID No. EPA–R08– 

OAR–2019–0350. Publicly available 

docket materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 8, Air and Radiation Division, 

1595 Wynkoop Street, Denver, Colorado 

80202. 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 Suman 

Kunwar, Environmental Engineer, at 

(303) 312–6095 with any questions 

about reviewing the docket material 

before visiting the Region 8 office. 

II. Background 

The 1990 amendments to the CAA 

established a comprehensive air quality 

permit program under the authority of 

Title V of the CAA. Title V requires 

certain facilities that emit large amounts 

of air pollution, or that meet other 

specified criteria, to obtain an operating 

permit, known as a title V permit, after 

the source has begun to operate. This 

permit is an enforceable compilation of 

all enforceable terms, conditions, and 

limitations applicable to the source, and 

is designed to improve compliance by 

clarifying what facilities must do to 

control air pollution. EPA regulations 

implementing title V are codified at 40 

CFR part 71 for permits issued by EPA 

or its delegates, and at 40 CFR part 70 

for permits issued by states and local 

agencies pursuant to approved 

programs. A title V permit is valid for 

no more than five years and may be 

renewed in five-year-increments. 

Deseret operates a facility, Bonanza, 

in Uintah County, Utah. Bonanza is a 

coal-fired power plant located on the 

Uintah and Ouray Reservation. Coal is 

delivered to the Facility by train and is 

crushed and pulverized before being fed 

into the main boiler. The boiler 

produces steam, which powers a turbine 

to generate electricity. On December 5, 

2014, EPA Region 8 issued an initial 

title V Permit to Deseret for Bonanza 

pursuant to 40 CFR part 71. 

On December 4, 2023, EPA Region 8 

renewed Deseret’s Title V permit for a 

new five-year term. See title V Permit to 

Operate No. V–UO–000004–2019.00, 

Docket ID: EPA–R08–OAR–2019–0350. 

On January 3, 2024, the Ute Indian Tribe 

filed an appeal of the title V permit for 

Bonanza with the Environmental 

Appeals Board. The Tribe did not 

petition to review certain terms and 

conditions of the renewed title V permit 

but contended that the Region failed to 


ddrumheller on DSK120RN23PROD with RULES1