Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Rules and Regulations 84241 

1 62 FR 27968 (May 22, 1997). 

§ 21.224 [Amended] 

■ 4. Amend § 21.224 by removing 

‘‘21.222’’ and adding in its place 

‘‘21.220’’. 

[FR Doc. 2023–26625 Filed 12–4–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2022–0442; FRL–10601– 

02–R5] 

Air Plan Approval; Ohio; Volatile 

Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving into the 

Ohio State Implementation Plan (SIP) a 

source-specific volatile organic 

compound (VOC) limit, excluding water 

and exempt solvents, for the applicable 

process lines at Forest City 

Technologies, Plant 4, in Wellington, 

Ohio as contained in the June 23, 2020, 

operating permit issued by the Ohio 

Environmental Protection Agency. On 

August 14, 2023, EPA proposed to 

approve this action and received no 

adverse comments. 

DATES: This final rule is effective on 

January 4, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2022–0442. 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 Anthony 

Maietta, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Control Strategies 

Section, Air Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On August 14, 2023 (88 FR 54996), 

EPA proposed to approve the addition 

of paragraphs C.1.b)(1)e., C.1.d)(3), 

C.1.e)(1)c., C.1.f)(1)d., C.2.b)(1)e., 

C.2.d)(4), C.2.e)(3)b., and C.2.f)(1)d. as 

listed in the June 23, 2020, operating 

permit for Forest City Technologies into 

Ohio’s SIP. An explanation of the Clean 

Air Act (CAA) requirements, a detailed 

analysis of the revisions, and EPA’s 

reasons for proposing approval were 

provided in the notice of proposed 

rulemaking and will not be restated 

here. The public comment period for 

this proposed rule ended on September 

13, 2023. EPA received two supportive 

comments from citizens. EPA also 

received one comment on the proposal 

that discussed border protection and 

vehicular incidents on roadways. All 

the comments received are included in 

the docket for this action. 

We do not consider the border 

protection and vehicular incident 

comment to be germane or relevant to 

this action and therefore not adverse to 

this action. The comment lacks the 

required specificity to the proposed SIP 

revision and the relevant requirements 

of CAA section 110. Moreover, the 

comment does not address a specific 

regulation or provision in question or 

recommend a different action on the SIP 

submission from what EPA proposed. 

Therefore, we are finalizing our action 

as proposed. 

II. Final Action 

EPA is approving into Ohio’s SIP the 

addition of paragraphs C.1.b)(1)e., 

C.1.d)(3), C.1.e)(1)c., C.1.f)(1)d., 

C.2.b)(1)e., C.2.d)(4), C.2.e)(3)b., and 

C.2.f)(1)d. as listed in the Permit-toInstall and Operate, Number P0127984, 

issued to Forest City Technologies, 

Plant 4 on June 23, 2020. 

III. 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 permit for Forest City 

Technologies, Plant 4, which regulates 

operations at the plant, as 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

IV. 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, 

October 4, 1993), 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 


khammond on DSKJM1Z7X2PROD with RULES
84242 Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Rules and Regulations 

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.’’ 

The Ohio Environmental Protection 

Agency 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 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 February 5, 2024. 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, Volatile organic 

compounds. 

Dated: November 21, 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, the table in paragraph 

(d) is amended by adding an entry for 

‘‘Forest City Technologies, Plant 4’’ 

before the entry for ‘‘Globe Metallurgical 

Inc.’’ to 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 

*******

Forest City Technologies, 

Plant 4.

P0127984 6/23/2020 12/5/2023, [INSERT FEDERAL REGISTER CITATION].Only paragraphs C.1.b)(1)e., C.1.d)(3), 

C.1.e)(1)c., C.1.f)(1)d., C.2.b)(1)e., 

C.2.d)(4), C.2.e)(3)b., and C.2.f)(1)d. 

*******

* * * * * 

[FR Doc. 2023–26489 Filed 12–4–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 704 

[EPA–HQ–OPPT–2021–0357; FRL–8632–01– 

OCSPP] 

RIN 2070–AK99 

Asbestos; Reporting and 

Recordkeeping Requirements Under 

the Toxic Substances Control Act 

(TSCA) 

Correction 

In Rule document, 2023–14405, 

appearing on pages 47782 through 

47806, in the issue of Tuesday, July 25, 

2023, make the following correction: 

§ 704.180 Asbestos [Corrected] 

■ On page 47805, in the 3rd column, 

paragraph (h)(1)(ii)(B) should be 

corrected to read as follows: 

‘‘For chemical identities and bulk 

material forms required by 

§§ 704.180(e)(4)(iii)(A), (iv)(A), 

(iv)(B)(3), (v)(B)(1), (vi)(B)(1), and 

(vii)(B)(2);’’ 

[FR Doc. C1–2023–14405 Filed 12–4–23; 8:45 am] 

BILLING CODE 0099–10–P 


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