[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Rules and Regulations]
[Pages 3889-3891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00976]


-----------------------------------------------------------------------

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 
Canton-Massillon (Stark County), Cleveland-Akron-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 (PM<INF>2.5</INF>). EPA is approving Ohio's LMP submissions 
for Canton-Massillon, Cleveland-Akron-Lorain, and Steubenville-Weirton 
because they provide for the maintenance of the 2006 PM<INF>2.5</INF> 
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 (Canton-Massillon), EPA-R05-OAR-2021-0616 
(Cleveland-Akron-Lorain), or EPA-R05-OAR-2021-0617 (Steubenville-
Weirton). 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, <a href="/cdn-cgi/l/email-protection#412c20262e326f222422282d2820012431206f262e37"><span class="__cf_email__" data-cfemail="0c616d6b637f226f696f6560656d4c697c6d226b637a">[email protected]</span></a>.

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 PM<INF>2.5</INF> nonattainment areas due to 
measured violations of the 2006 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS. These submissions 
included plans to provide for maintenance of the 2006 2PM<INF>2.5</INF> 
NAAQS in the areas for 10 years. EPA redesignated the Canton, 
Cleveland, and Steubenville areas to attainment for the 2006 
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS compliance for these areas.
    On July 5, 2023 (88 FR 42900), EPA proposed to approve the second 
10-year PM<INF>2.5</INF> LMPs, for the Canton, Cleveland, and 
Steubenville maintenance areas addressing the 2006 PM<INF>2.5</INF> 
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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> LMPs for 
Canton, Cleveland, and Steubenville 2006 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS and meet all the LMP 
qualifying criteria set forth in the PM<INF>2.5</INF> 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

[[Page 3890]]

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. In Sec.  52.1870, the table in paragraph (e) is amended under 
``Summary of Criteria Pollutant Maintenance Plan'' by revising the 
three entries titled ``PM<INF>2.5</INF> (2006)'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

[[Page 3891]]



                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                   Applicable
           Title              geographical or non-    State date         EPA approval             Comments
                                attainment area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
PM2.5 (2006)...............  Canton (Stark County)        9/8/2021  1/22/2024, [INSERT     2nd maintenance plan.
                                                                     FEDERAL REGISTER
                                                                     CITATION].
PM2.5 (2006)...............  Cleveland (Cuyahoga,         9/8/2021  1/22/2024, [INSERT     2nd maintenance plan.
                              Lake, Lorain,                          FEDERAL REGISTER
                              Medina, Portage, and                   CITATION].
                              Summit Counties).
PM2.5 (2006)...............  Steubenville-Weirton         9/8/2021  1/22/2024, [INSERT     2nd maintenance plan.
                              (Jefferson County).                    FEDERAL REGISTER
                                                                     CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2024-00976 Filed 1-19-24; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>