Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 3889 

EPA-APPROVED FLORIDA LAWS AND REGULATIONS—Continued 

State citation 

(section) Title/subject 

State 

effective 

date 

EPA approval date Explanation 

62–296.711 ......... Materials Handling, Sizing, Screening, 

Crushing and Grinding Operations.

7/10/2014 1/22/2024, [Insert citation 

of publication].

62–296.712 ......... Miscellaneous Manufacturing Process Operations.7/10/2014 1/22/2024, [Insert citation 

of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2024–01030 Filed 1–19–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2021–0615; EPA–R05– 

OAR–2021–0616; EPA–R05–OAR–2021– 

0617; FRL–11003–02–R5] 

Air Plan Approval; Ohio; Canton, 

Cleveland, and Steubenville Second 

10-Year 2006 24-Hour PM2.5 Limited 

Maintenance Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Clean Air Act 

(CAA), the Environmental Protection 

Agency (EPA) is approving the limited 

maintenance plans (LMPs) submitted by 

the Ohio Environmental Protection 

Agency (OEPA) for the CantonMassillon (Stark County), ClevelandAkron-Lorain (Cuyahoga, Lake, Lorain, 

Medina, Portage, and Summit Counties) 

and Steubenville-Weirton Ohio-West 

Virginia (Jefferson County) maintenance 

areas. The plans address the second 10- 

year maintenance periods for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 2.5 

micrometers (PM2.5). EPA is approving 

Ohio’s LMP submissions for CantonMassillon, Cleveland-Akron-Lorain, and 

Steubenville-Weirton because they 

provide for the maintenance of the 2006 

PM2.5 national ambient air quality 

standards (NAAQS) through the end of 

the second 10-year portion of the 

maintenance periods. EPA finds 

adequate and is approving the LMPs as 

meeting the appropriate transportation 

conformity requirements. EPA proposed 

to approve this action on July 5, 2023, 

and received no adverse comments. 

DATES: This final rule is effective on 

February 21, 2024. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2021–0615 (CantonMassillon), EPA–R05–OAR–2021–0616 

(Cleveland-Akron-Lorain), or EPA–R05– 

OAR–2021–0617 (SteubenvilleWeirton). All documents in the dockets 

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 Cecilia 

Magos, at (312) 886–7336 before visiting 

the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Cecilia Magos, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–7336, magos.cecilia@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On November 13, 2009, EPA 

designated the Canton-Massillon 

(Canton), Cleveland-Akron-Lorain 

(Cleveland), and Steubenville-Weirton 

(Steubenville) areas as PM2.5

nonattainment areas due to measured 

violations of the 2006 PM2.5 NAAQS (74 

FR 58688). On June 18, May 30, and 

May 25, 2012, OEPA submitted requests 

to redesignate the Canton, Cleveland, 

and Steubenville nonattainment areas to 

attainment of the 2006 PM2.5 NAAQS. 

These submissions included plans to 

provide for maintenance of the 2006 

2PM2.5 NAAQS in the areas for 10 years. 

EPA redesignated the Canton, 

Cleveland, and Steubenville areas to 

attainment for the 2006 PM2.5 NAAQS 

on October 22, 2013 (78 FR 62459), and 

September 18, 2013 (78 FR 57270 and 

78 FR 57273), respectively, and 

approved the associated maintenance 

plans into the Ohio State 

Implementation Plan (SIP). The purpose 

of OEPA’S September 8, 2021, LMP 

submissions is to fulfill the second 10- 

year planning requirement of CAA 

section 175A(b) to ensure PM2.5 NAAQS 

compliance for these areas. 

On July 5, 2023 (88 FR 42900), EPA 

proposed to approve the second 10-year 

PM2.5 LMPs, for the Canton, Cleveland, 

and Steubenville maintenance areas 

addressing the 2006 PM2.5 maintenance 

areas. EPA’s approval of these LMPs 

will satisfy the CAA section 175A 

requirements for the second 10-year 

period for the Canton, Cleveland, and 

Steubenville 2006 PM2.5 maintenance 

areas through 2033. Further explanation 

of the CAA requirements, a detailed 

analysis of the revisions, and EPA’s 

reasons for proposing approval were 

provided in the notice of proposed 

rulemaking (88 FR 42900) and will not 

be restated here. The public comment 

period for this proposed rule ended on 

August 4, 2023. EPA received no 

comments on the proposal and is 

finalizing our action as proposed. 

II. Final Action 

EPA is approving the second 10-year 

PM2.5 LMPs for Canton, Cleveland, and 

Steubenville 2006 PM2.5 maintenance 

areas submitted by OEPA. EPA’s review 

of the air quality data for the 

maintenance areas indicates that they 

continue to show attainment well below 

the level of the 2006 PM2.5 NAAQS and 

meet all the LMP qualifying criteria set 

forth in the PM2.5 LMP Guidance. The 

Canton, Cleveland, and Steubenville 

maintenance areas will no longer be 

required to perform regional emissions 

analyses as part of the conformity 

process, but must meet project-level 

conformity analyses requirements as 


ddrumheller on DSK120RN23PROD with RULES1
3890 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 

well as other transportation conformity 

criteria. 

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 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 

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.’’ 

OEPA 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 performed an environmental 

justice analysis, as is described in the 

section titled ‘‘Environmental Justice 

Considerations’’ in the notice of 

proposed rulemaking. See 88 FR 42906. 

The analysis was done for the purpose 

of providing additional context and 

information about this rulemaking to the 

public, not as a basis of the action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. In addition, 

there is no information in the record 

upon which this decision is based 

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 March 22, 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: January 12, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

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 

(e) is amended under ‘‘Summary of 

Criteria Pollutant Maintenance Plan’’ by 

revising the three entries titled ‘‘PM2.5

(2006)’’ to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 3891 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Applicable geographical or 

non-attainment area State date EPA approval Comments 

*******

Summary of Criteria Pollutant Maintenance Plan 

*******

PM2.5 (2006) ...... Canton (Stark County) .......................... 9/8/2021 1/22/2024, [INSERT FEDERAL REGISTER CITATION].2nd maintenance plan. 

PM2.5 (2006) ...... Cleveland (Cuyahoga, Lake, Lorain, 

Medina, Portage, and Summit Counties).

9/8/2021 1/22/2024, [INSERT FEDERAL REGISTER CITATION].2nd maintenance plan. 

PM2.5 (2006) ...... Steubenville-Weirton (Jefferson County) 9/8/2021 1/22/2024, [INSERT FEDERAL REGISTER CITATION].2nd maintenance plan. 

* * * * * * * 

[FR Doc. 2024–00976 Filed 1–19–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0336; FRL–9525–02– 

OCSPP] 

Methoxyfenozide; Pesticide 

Tolerances; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendment. 

SUMMARY: EPA issued a final rule in the 

Federal Register of October 11, 2022, 

establishing tolerances for residues of 

methoxyfenozide in or on multiple 

commodities requested by the 

Interregional Research Project Number 4 

(IR–4) under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). That 

document inadvertently omitted an 

instruction to add a tolerance for the 

commodity ‘‘bean, mung, dry seed’’. 

This document corrects the final 

regulation. 

DATES: Effective on January 22, 2024. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0336, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the October 

11, 2022, final rule a list of those who 

may be potentially affected by this 

action. 

II. What does this correction do? 

EPA issued a final rule in the Federal 

Register of October 11, 2022 (87 FR 

61259) (FRL–9525–01–OCSPP), that 

established tolerances for residues of 

methoxyfenozide in or on multiple 

commodities and removed tolerances 

for certain other commodities in 

response to a petition filed by IR–4. EPA 

inadvertently omitted an instruction 

directing the Federal Register to add an 

entry to the table in paragraph (a)(1) of 

40 CFR 180.544 for the commodity 

‘‘bean, mung, dry seed’’. This document 

corrects that omission and adds the 

commodity ‘‘bean, mung, dry seed’’ to 

the table in paragraph (a)(1) of 40 CFR 

180.544. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 

553(b)(3)(B)) provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this correction final without 

prior proposal and opportunity for 

comment, because EPA inadvertently 

omitted an instruction to the Federal 

Register to add a tolerance for the 

commodity ‘‘bean, mung, dry seed’’. 

EPA finds that this constitutes good 

cause under 5 U.S.C. 553(b)(3)(B). 

IV. Do any of the statutory and 

Executive order review apply to this 

action? 

No. For a detailed discussion 

concerning the statutory and Executive 

order review refer to Unit VI. of the 

October 11, 2022, final rule. 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 16, 2024. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, 40 CFR part 180 is corrected 

by making the following correcting 

amendment: 


ddrumheller on DSK120RN23PROD with RULES1