Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 61969 

permanent, standing or continuously 

flowing bodies of water with a 

continuous surface connection to the 

waters identified in paragraph (a)(1) or 

(a)(3) of this section. 

* * * * * 

(c) * * * 

(2) Adjacent means having a 

continuous surface connection. 

* * * * * 

Title 40—Protection of Environment 

For reasons set out in the preamble, 

40 CFR part 120 is amended as follows: 

PART 120—DEFINITION OF WATERS 

OF THE UNITED STATES 

■ 3 The authority citation for part 120 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq. 

■ 4. Section 120.2 is amended by: 

■ a. Revising paragraphs (a)(1)(iii), 

(a)(3), and (a)(4)(ii); 

■ b. Removing paragraph (a)(4)(iii); 

■ c. Revising paragraphs (a)(5) and 

(c)(2); and 

■ d. Removing paragraph (c)(6). 

The revisions read as follows: 

§ 120.2 Definitions. 

* * * * * 

(a) * * * 

(1) * * * 

(iii) Interstate waters; 

* * * * * 

(3) Tributaries of waters identified in 

paragraph (a)(1) or (2) of this section 

that are relatively permanent, standing 

or continuously flowing bodies of water; 

(4) * * * 

(ii) Relatively permanent, standing or 

continuously flowing bodies of water 

identified in paragraph (a)(2) or (a)(3) of 

this section and with a continuous 

surface connection to those waters; 

(5) Intrastate lakes and ponds not 

identified in paragraphs (a)(1) through 

(4) of this section that are relatively 

permanent, standing or continuously 

flowing bodies of water with a 

continuous surface connection to the 

waters identified in paragraph (a)(1) or 

(a)(3) of this section. 

* * * * * 

(c) * * * 

(2) Adjacent means having a 

continuous surface connection. 

* * * * * 

[FR Doc. 2023–18929 Filed 9–7–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2022–0580; FRL–11047– 

02–R5] 

Air Plan Approval; Ohio; Approval of 

the Muskingum River SO2 Attainment 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), a revision to the 

Ohio State Implementation Plan (SIP) 

intended to provide for attainment of 

the 2010 primary, health-based 1-hour 

sulfur dioxide (SO2) national ambient 

air quality standard (NAAQS or 

standard) for the Muskingum River SO2

nonattainment area. This SIP revision 

(hereinafter referred to as Ohio’s 

Muskingum River SO2 attainment plan 

or plan), includes Ohio’s attainment 

demonstration and other attainment 

planning elements required under the 

CAA. EPA is finding that Ohio has 

appropriately demonstrated that the 

plan provides for attainment of the 2010 

1-hour primary SO2 NAAQS in the 

Muskingum River, Ohio nonattainment 

area and that the plan meets the other 

applicable requirements under the CAA. 

EPA is also incorporating by reference 

Ohio Director’s Final Findings and 

Orders (DFFOs), issued on May 23, 

2023, into the Ohio SIP. The DFFOs set 

forth additional requirements at Globe 

Metallurgical (Globe) to verify 

appropriate source characterization for 

modeling purposes. 

DATES: This final rule is effective on 

October 10, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2022–0580. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 either through 

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 and 

facility closures due to COVID–19. We 

recommend that you telephone Gina 

Harrison, Environmental Scientist, at 

(312) 353–6956 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Gina 

Harrison, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–6956, harrison.gina@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background 

On January 18, 2022 (87 FR 2555), 

EPA partially approved and partially 

disapproved Ohio’s SO2 plan for the 

Muskingum River area submitted on 

April 3, 2015, and October 13, 2015, and 

supplemented on June 23, 2020. EPA’s 

January 18, 2022, final rule provided an 

explanation of the applicable provisions 

in the CAA and the measures and 

limitations identified in Ohio’s 

attainment plan to satisfy these 

provisions. 

The partial disapproval started 

sanctions clocks for this area under 

CAA section 179(a)–(b), including a 

requirement for 2-for-1 offsets for any 

major new sources or major 

modifications 18 months after the 

effective date of this action, and 

highway funding sanctions 6 months 

thereafter, as well as initiated an 

obligation for EPA to promulgate a 

Federal Implementation Plan (FIP) 

within 24 months, under CAA section 

110(c). 

Ohio supplemented the attainment 

demonstration on June 24, 2022, 

substituting new measures in lieu of a 

land acquisition and modifying the air 

quality modeling to include the use of 

site-specific meteorological data. Ohio 

submitted additional supplemental 

information on July 28, 2022, and May 

23, 2023, including revised DFFOs for 

Globe, issued on May 23, 2023, that 

supersede the June 23, 2020 DFFOs. 

II. Proposed Rule 

On June 22, 2023 (88 FR 40726), EPA 

proposed to approve Ohio’s SIP 

attainment plan submission for the 

Muskingum River SO2 nonattainment 

area, which the state submitted to EPA 

on April 3, 2015, October 13, 2015, and 

June 23, 2020, and supplemented on 

June 24, 2022, July 28, 2022, and May 

23, 2023. The SO2 attainment plan 

included Ohio’s attainment 


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61970 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

demonstration for this area. The 

attainment plan also addressed 

requirements for emission inventories, 

reasonably available control measures 

(RACM) and reasonably available 

control technology (RACT), reasonable 

further progress (RFP), and contingency 

measures. Ohio has previously 

addressed requirements regarding 

nonattainment area new source review. 

Because Ohio’s submission provides an 

appropriate testing requirement to 

confirm the modeling, EPA has 

determined that Ohio’s SO2 attainment 

plan for the Muskingum River SO2

nonattainment area meets the applicable 

requirements of CAA sections 110, 172, 

191, and 192. 

A key element of Ohio’s attainment 

plan is Ohio’s revised DFFOs, issued to 

Globe on May 23, 2023. Among other 

requirements, Ohio’s DFFOs retain SO2

emission limits for Globe set forth in the 

2020 DFFOs as a matrix of limits based 

on 26 separate operating scenarios at the 

two baghouses, where each of the 26 

scenarios was modeled to demonstrate 

attainment and maintenance of the SO2

standard. As part of the proposed 

approval of Ohio’s attainment plan for 

this area, EPA proposed to approve 

Ohio’s May 23, 2023, DFFOs for the 

Globe facility into the SIP. These DFFOs 

supersede the previous 2020 DFFOs, 

retain the SO2 limits and other 

requirements set forth in the 2020 

DFFOs, and require additional testing, 

monitoring, and confirmation of certain 

flow parameters for verification of 

source modeling characterization. For 

the reasons discussed in the proposed 

rule, EPA finds that these requirements 

are sufficient for the required attainment 

plan demonstration. 

III. Public Comments 

The public comment period for EPA’s 

proposed rule ended on July 24, 2023. 

EPA received no comments on the 

proposal. 

IV. Final Action 

EPA is approving Ohio’s SIP 

attainment plan submission for the 

Muskingum River SO2 nonattainment 

area, which the state previously 

submitted to EPA on April 3, 2015, 

October 13, 2015, and June 23, 2020, 

and supplemented on June 24, 2022, 

July 28, 2022, and May 23, 2023. This 

SO2 attainment plan included Ohio’s 

attainment demonstration for this area. 

The attainment plan also addressed 

requirements for emission inventories, 

RACT/RACM, RFP, and contingency 

measures. By this action, EPA is 

codifying its approval of both Ohio’s 

May 23, 2023, DFFOs issued to Globe 

and Ohio’s attainment plan for the 

Muskingum River SO2 nonattainment 

area. 

This approval terminates the highway 

funding sanction and FIP clocks started 

under CAA section 179 resulting from 

EPA’s partial disapproval of the prior 

SIP. It also removes the permitting offset 

sanction that has been in place since 

August 17, 2023. 

V. 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 CAA 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.1

VI. 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, 

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. 

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 

environmental justice (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.’’ 

Ohio EPA did not evaluate 

environmental justice 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 


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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 61971 

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 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 November 7, 2023. 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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 31, 2023. 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.1870: 

■ a. Amend the table in paragraph (d) by 

adding an entry for ‘‘Globe 

Metallurgical, Inc.’’ before the entry for 

‘‘Hilton Davis’’. 

■ b. Amend the table in paragraph (e) 

under the heading ‘‘Summary of Criteria 

Pollutant Attainment Plans’’ by revising 

the entry entitled ‘‘SO2 (2010)’’ for 

‘‘Muskingum River’’. 

The addition and revision read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(d) * * * 

EPA APPROVED OHIO SOURCE-SPECIFIC PROVISIONS

Name of source Number Ohio effective 

date EPA approval date Comments 

*******

Globe Metallurgical Inc ........... DFFOs ................................... 5/23/2023 9/8/2023, [Insert Federal Register Citation]

* * * * * * * 

(e) * * * 

EPA APPROVED—OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Applicable geographical or 

non-attainment area State date EPA approval Comments 

*******

Summary of Criteria Pollutant Attainment Plans 

*******

SO2 (2010) .............................. Muskingum River ................... 5/24/2023 9/8/2023, [Insert Federal Register Citation]

*******

■ 3. Section 52.1873 is amended by 

removing and reserving paragraph (b). 

[FR Doc. 2023–19201 Filed 9–7–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0343; FRL–11279– 

01–R6] 

Air Plan Approval; Texas; Clean Air 

Act Requirements for Enhanced 

Vehicle Inspection and Maintenance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving portions of the State 

Implementation Plan (SIP) revisions 

submitted to the EPA by the State of 

Texas (the State) for the 2008 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS). The SIP revisions 

being approved describe how CAA 

requirements for vehicle Inspection and 

Maintenance (I/M) are met in the DallasFort Worth (DFW) and HoustonGalveston-Brazoria (HGB) Serious ozone 

nonattainment areas. 


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