Air Quality Redesignation for the 2008 Lead National Ambient Air Quality Standards; Canton, Ohio; Stark County, Ohio, 14920-14925 [2023-04965]
Download as PDF
<![CDATA[
14920
Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
II. Statutory and Executive Order
Reviews
Additional information about these
statutes and executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
to the ACE rule being vacated. Thus,
Executive Order 13175 does not apply
to this action.
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
The EPA interprets Executive Order
13045 as applying 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.
The statutory authority for this action
is provided by sections 111, 301, and
302 of the CAA as amended (42 U.S.C.
7411, 7601, 7602). This action is also
subject to section 553(b)(3)(B) of the
APA (5 U.S.C. 553(b)(3)(B).
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. In this action, the EPA is
extending the date of state plan
submittal by the time that was lost due
to the ACE rule being vacated. Any
burden for information collection
requests is consistent with the original
ACE rule.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute a ‘‘rule for which the
agency publishes a general notice of
proposed rulemaking pursuant to
section 553(b) of this title, or any other
law. . . .’’ 5 U.S.C. 601(2). The EPA is
not publishing a notice of proposed
rulemaking for this rule because it is
invoking the APA ‘‘good cause’’
exemption under 5 U.S.C. 553(b).
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments.
lotter on DSK11XQN23PROD with RULES1
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. In this action, the EPA is
extending the date of state plan
submittal by the time that was lost due
VerDate Sep<11>2014
16:14 Mar 09, 2023
Jkt 259001
III. Statutory Authority
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedures,
Air pollution control, Reporting and
recordkeeping requirements,
Greenhouse gases.
Michael Regan,
Administrator.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
For the reasons set forth in the
preamble, 40 CFR chapter I is amended
as follows:
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
I. National Technology Transfer and
Advancement Act (NTTAA) and 1 CFR
Part 51
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color) and lowincome 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. In this action, the
EPA is extending the date of state plan
submittal by the time that was lost due
to the ACE rule being vacated.
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
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart UUUUa—Emission Guidelines
for Greenhouse Gas Emissions From
Existing Electric Utility Generating
Units
2. Revise § 60.5745a to read as
follows:
■
§ 60.5745a What are the timing
requirements for submitting my plan?
You must submit a plan with the
information required under § 60.5740a
by April 15, 2024.
[FR Doc. 2023–04959 Filed 3–9–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2022–0195; FRL–9631–01–
OAR]
RIN 2060–AV66
Air Quality Redesignation for the 2008
Lead National Ambient Air Quality
Standards; Canton, Ohio; Stark
County, Ohio
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This final rule redesignates a
portion of Canton, Ohio in northeastern
Stark County from ‘‘unclassifiable/
SUMMARY:
E:\FR\FM\10MRR1.SGM
10MRR1
Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
attainment’’ to ‘‘nonattainment’’ for the
2008 National Ambient Air Quality
Standards (NAAQS) for lead (Pb). The
EPA notified the state of Ohio of its
intended redesignation of portions of
Stark County on April 26, 2022, and
published a Notice of Availability for
this action on May 3, 2022. The EPA’s
redesignation of this portion of the
Canton, Ohio area is based on recorded
violations of the Pb NAAQS at the
Republic Steel ambient air monitoring
site operated by Ohio Environmental
Protection Agency (Ohio EPA) located
in Canton, Ohio.
DATES: This rule is effective on April 10,
2023.
ADDRESSES: The EPA has established a
public docket for this redesignation
action at https://www.regulations.gov
under Docket ID No. EPA–HQ–OAR–
2022–0195.
FOR FURTHER INFORMATION CONTACT: For
general questions concerning this
action, please contact Andrew Leith,
U.S. EPA, Office of Air Quality Planning
and Standards, Air Quality Policy
Division, Mail Code C539–01, Research
Triangle Park, NC 27709, telephone
number: (919) 541–1069, email address:
leith.andrew@epa.gov. The following
EPA Regional office contact can answer
questions specific to the Canton, Ohio
area: Alisa Liu of Region 5. She can be
reached at telephone number: (312)
353–3193, email address: liu.alisa@
epa.gov or address at EPA Region 5, 77
West Jackson Boulevard, Chicago,
Illinois 60604.
The EPA has established a website for
the designations for the 2008 Pb
NAAQS at https://www.epa.gov/leaddesignations. The website includes the
EPA’s final redesignations action,
technical support documents, and other
related information.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. The information in this
document is organized as follows:
I. Background and Purpose of the EPA’s Final
Action
II. The 2008 Pb NAAQS
III. Clean Air Act Redesignation Authority
IV. The EPA’s Redesignation Decision and
Supporting Air Quality Information
A. Applicable Regulatory Provisions
B. Monitoring Network Considerations
C. Canton, Ohio Ambient Air Monitoring
Site
D. Pb Data Considerations
E. Factors Considered in Determining
Nonattainment Area Boundary
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
VerDate Sep<11>2014
16:14 Mar 09, 2023
Jkt 259001
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
L. Judicial Review
VI. Statutory of Authority
I. Background and Purpose of the EPA’s
Final Action
The purpose of this final action is to
announce and promulgate the EPA’s
area redesignation of a portion of the
Canton, Ohio area from ‘‘unclassifiable/
attainment’’ to ‘‘nonattainment’’ for the
2008 Pb NAAQS. The EPA originally
designated Stark County, Ohio,
including the Canton area, along with
the remaining areas of Ohio, as
unclassifiable/attainment on November
8, 2011.1
After originally designating the
Canton, Ohio area unclassifiable/
attainment on November 8, 2011, the
EPA determined in 2021 that qualityassured, certified monitoring data
collected during 2017–2020 at the Ohio
EPA ambient air monitoring site located
at 3150 Georgetown Road NE in Canton,
Ohio (Republic Steel ambient air
monitoring site), showed that the area
was violating the Pb NAAQS. Consistent
with CAA section 107(d)(3)(A), the EPA
notified the Governor of Ohio in a letter
dated April 26, 2022, of an intended
redesignation of a portion of the Canton,
Ohio area as ‘‘nonattainment’’ for the
2008 Pb NAAQS. The EPA published a
Notice of Availability (NOA) for this
action in the Federal Register shortly
thereafter, on May 3, 2022.2
Upon publication of the NOA in the
Federal Register, a 30-day public
comment period began. This comment
period closed on June 2, 2022, and
yielded three public comments, all of
which proved supportive of the EPA’s
redesignation decision and intended
nonattainment area boundary.
On August 22, 2022, Ohio EPA
submitted their recommendations and
1 75 FR 71033 (November 22, 2010); 76 FR 72097
(November 22, 2011).
2 87 FR 26147 (May 3, 2022).
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
14921
response to the EPA’s April 26, 2022,
notification letter concurring with the
EPA’s boundaries for the intended
nonattainment area in the Canton, Ohio
area. Ohio EPA, in their response to the
EPA’s notification, acknowledged
pending enforcement actions and a July
2, 2021, Consent Order for Preliminary
Injunction in the Stark County Court of
Common Pleas, which mandated that
the Republic Steel facility, which is
located within the bounds of the area to
be redesignated, undertake certain
actions to reduce Pb emissions. Since
Ohio EPA’s response concurred with the
EPA’s intended boundaries of the area
to be redesignated, the EPA has not
modified those boundaries and is
finalizing its redesignation of the
identified portion of the Canton area
within Stark County, Ohio as
‘‘nonattainment.’’
The issuance of this final rule will
require the state of Ohio to undertake
certain planning requirements to reduce
Pb concentrations within this newly
redesignated nonattainment area,
including, but not limited to, the
requirement to submit within 18 months
of redesignation, a revision to the Ohio
state implementation plan (SIP) that
provides for attainment of the 2008 Pb
NAAQS as expeditiously as practicable,
but no later than 5 years after the
effective date of redesignation to
nonattainment.
II. The 2008 Pb NAAQS
Under section 109 of the Act, the EPA
has established primary and secondary
NAAQS for certain pervasive air
pollutants (referred to as ‘‘criteria
pollutants’’) and conducts periodic
reviews of the NAAQS to determine
whether they should be revised or
whether new NAAQS should be
established. The primary NAAQS
represent ambient air quality standards,
the attainment and maintenance of
which the EPA has determined,
including a margin of safety, are
requisite to protect the public health.
The secondary NAAQS represent
ambient air quality standards, the
attainment and maintenance of which
the EPA has determined are requisite to
protect the public welfare from any
known or anticipated adverse effects
associated with the presence of such air
pollutant in the ambient air.
Under the CAA, the EPA must
establish NAAQS for criteria pollutants,
including Pb. Lead is generally emitted
in the form of particles that are
deposited in water, soil, and dust.
People may be exposed to Pb by
inhaling it or by ingesting Pbcontaminated food, water, soil, or dust.
Once in the body, Pb is quickly
E:\FR\FM\10MRR1.SGM
10MRR1
14922
Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
absorbed into the bloodstream and can
result in a broad range of adverse health
effects including damage to the central
nervous system, cardiovascular
function, kidneys, immune system, and
red blood cells. Children are
particularly vulnerable to Pb exposure,
in part because they are more likely to
ingest Pb and in part because their stilldeveloping bodies are more sensitive to
the effects of Pb. The harmful effects to
children’s developing nervous systems
(including their brains) arising from Pb
exposure may include intelligence
quotient (IQ) 3 loss, poor academic
achievement, long-term learning
disabilities, and an increased risk of
delinquent behavior.4
The EPA first established primary and
secondary Pb standards in 1978 at 1.5
micrograms per cubic meter (mg/m3) as
a quarterly average.5 On October 15,
2008, the EPA revised the federal Pb
standards to 0.15 mg/m3 and revised the
averaging time for the standards.6 A
violation of the 2008 Pb NAAQS occurs
if any arithmetic 3-month mean
concentration is greater than 0.15 mg/
m3.7 Since the primary and secondary
Pb standards are the same, we refer to
them hereafter in this document using
the singular Pb standard or NAAQS.
Following promulgation of any new
or revised NAAQS, the EPA is required
by CAA section 107(d) to designate
areas throughout the nation as attaining
or not attaining the NAAQS. The EPA
initially designated all areas of the
country as ‘‘unclassifiable,’’
‘‘unclassifiable/attainment,’’ or
‘‘nonattainment’’ for the 2008 Pb
NAAQS in two rounds on November 16,
2010, and November 8, 2011.
lotter on DSK11XQN23PROD with RULES1
III. Clean Air Act Redesignation
Authority
The CAA, under section 107(d)(3),
provides the EPA with the authority to,
at any time, notify the Governor of any
state that available information
indicates that the designation of any
area or portion of an area should be
revised. Such available information
3 IQ is a score created by dividing a person’s
mental age score, obtained by administering an
intelligence test, by the person’s chronological age,
both expressed in terms of years and months.
‘‘Glossary of Important Assessment and
Measurement Terms,’’ Philadelphia, PA: National
Council on Measurement in Education. 2016.
4 Depending on the level of exposure, lead can
adversely affect the nervous system, kidney
function, immune system, reproductive and
developmental systems and the cardiovascular
system. For more information regarding the health
effects of Pb exposure, see 73 FR 66964, November
12, 2008, or https://www.epa.gov/airquality/lead/
health.html.
5 43 FR 46246 (October 5, 1978).
6 73 FR 66964 (November 12, 2008).
7 40 CFR 50.16.
VerDate Sep<11>2014
16:14 Mar 09, 2023
Jkt 259001
prompting a revised designation can
include air quality data, planning and
control considerations, or any other air
quality-related considerations the
Administrator deems appropriate. Once
the EPA notifies a state, the state then
has the opportunity to respond and
submit supplemental information that
the Governor considers appropriate.
Before the EPA promulgates the
redesignation, if any, the agency will
consider the supplemental information
provided by the state, making any
modifications that the Administrator
deems necessary. The EPA is not
required under CAA section 107(d)(3) to
seek public comment during the
redesignations process, but we elected
to do so for this area with respect to the
2008 Pb NAAQS to provide the public
with an opportunity to give input for the
EPA’s consideration before
promulgating any final redesignation.
IV. The EPA’s Redesignation Decision
and Supporting Air Quality
Information
A. Applicable Regulatory Provisions
A determination of whether an area’s
air quality meets applicable standards is
generally based upon the most recent 3
years of complete, quality-assured data
recorded by established state and local
air monitoring stations (SLAMS) and
entered into the EPA’s Air Quality
System (AQS) database.8 Data from
ambient air monitors operated by state
and local agencies in compliance with
the EPA monitoring requirements must
be submitted to AQS.9 Monitoring
agencies annually certify that these data
are accurate to the best of their
knowledge.10 All data are reviewed to
determine the area’s air quality status
for Pb in accordance with 40 CFR part
50, appendix R.
Under the EPA regulations in 40 CFR
50.16 and in accordance with 40 CFR
part 50, appendix R, the 2008 Pb
NAAQS is met when the design value
is less than or equal to 0.15 mg/m3 at
each eligible monitoring site within the
area. The Pb design value at each
eligible monitoring site is the maximum
valid rolling 3-month arithmetic mean
Pb concentration from the 38-month
period consisting of the most recent 3year calendar period plus two previous
months. The 3-month mean Pb
concentrations are rounded to the
nearest hundredth mg/m3 for
comparison to the NAAQS. Data
completeness requirements for a given
3-month period are met if the average of
8 AQS
is the EPA’s repository of ambient air
quality data.
9 40 CFR 58.16.
10 40 CFR 58.15.
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
the data capture rate of the three
constituent monthly means is greater
than or equal to 75 percent.11
B. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA
requires states to establish and operate
air monitoring networks to compile data
on ambient air quality for all criteria
pollutants. The EPA’s monitoring
requirements are specified by
regulations in 40 CFR part 58. These
requirements are applicable to state and,
where delegated, local air monitoring
agencies that operate criteria pollutant
monitors. The regulations in 40 CFR
part 58 establish specific requirements
for operating air quality surveillance
networks to measure ambient
concentrations of Pb, including
requirements for measurement methods,
network design, quality assurance
procedures and, in the case of large
urban areas, the minimum number of
monitoring sites designated as SLAMS.
In sections 4.4 and 4.5 of appendix D
to 40 CFR part 58, the EPA specifies
minimum monitoring requirements for
Pb, respectively, to operate at SLAMS.
SLAMS produce data that are eligible
for comparison with the NAAQS, and
therefore, the monitor must be an
approved federal reference method
(FRM) monitor, federal equivalent
method (FEM) monitor, or approved
regional method (ARM) monitor.
The minimum number of required Pb
SLAMS is described in section 4.5 of
appendix D to 40 CFR part 58. There
must be at least one source-oriented
SLAMS site located to measure the
maximum Pb concentration in ambient
air resulting from each non-airport Pb
source that emits 0.50 or more tons per
year (tpy) and from each airport that
emits 1.0 tpy or more based on either
the most recent National Emission
Inventory (NEI) or other scientifically
justifiable methods and data.
According to the 2017 NEI, one nonairport source in Stark County, Ohio
exceeded the 0.50 tpy threshold and
therefore required source-oriented Pb
monitoring: the Republic Steel plant
located at 2633 Eighth Street NE in
Canton, Ohio (Republic Steel).12
Republic Steel is a steel manufacturer
that manufactures leaded steel and other
steel products.
11 See 40 CFR part 50, appendix R, sections (1)c,
4(c), and 5(b).
12 Ohio facility-level Pb emissions data from the
2017 NEI may be accessed on the EPA NEI website
at https://www.epa.gov/air-emissions-inventories/
2017-national-emissions-inventory-nei-data.
E:\FR\FM\10MRR1.SGM
10MRR1
Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
C. Canton, Ohio Ambient Air
Monitoring Site
On June 6, 2017, an ambient air
monitoring site was installed and began
operating in Stark County to measure
concentrations of Pb and other toxic
metals. Ohio EPA, through its
partnership with the Canton City Board
of Health’s Air Pollution Control
Division,13 installed this special
purpose monitor (SPM) to meet the
requirements of a state permit issued on
December 12, 2016, to Republic Steel as
part of operational changes made to its
plant at 2633 Eighth Street NE in
Canton, Ohio.14
In April 2019, Ohio EPA converted
the designated primary Pb sampler at
the Republic Steel ambient air
monitoring site from a special purpose
monitor to a SLAMS monitor. The
conversion was made as a result of Ohio
EPA’s 2017 emissions inventory, which
indicated that Republic Steel’s Pb
emissions were at 0.81 tpy, which
exceeds the source-oriented 0.50 tpy
monitoring threshold for non-airport
sources in 40 CFR part 58, appendix D.
The EPA requires SLAMS monitors to
collect Pb samples at a minimum
frequency of 1-in-6 days and those data
be reported to the EPA’s AQS.
On March 1, 2021, Ohio EPA began
operating a second monitor at the
Republic Steel ambient air monitoring
site to collect additional Pb samples on
a random day sampling schedule.15 Pb
data from both of these monitors are
combined to calculate the monitoring
site level design value for comparison to
the NAAQS. Ohio EPA continued to
also collect air samples to evaluate air
quality specifically during leaded
production at the Republic Steel plant.
Because these air samplers were
operated only during leaded production
time periods, typically less than the
routine 24-hour air samples required for
air monitoring data used for NAAQS
comparisons, the data are not reported
to the EPA’s AQS. Ohio EPA posts data
from all Pb monitors on its website.16
The two ambient air quality monitors
(Parameter Occurrence Code (POC) 1,
POC 4) at the Republic Steel ambient air
monitoring site measure ambient
concentrations on a microscale level of
0 to 100 meters with a staggered
schedule. POC 1 operates on the EPA
sampling schedule of 1-in-6 days, and
POC 4 operates on a randomized
schedule. The POC is used to
distinguish different instruments that
measure the same parameter at the same
monitoring site.
In April 2022, another ambient air
quality monitoring site was installed at
719 Marietta Avenue NE, Canton, Ohio,
and the Canton City Board of Health’s
Air Pollution Control Division began
collecting data. The new ‘‘Republic
Community’’ monitoring site (AQS Site
No. 39–151–0025) operates two
monitors, denoted as POC 1 and 4, on
the same days and frequency as the
Republic Steel monitoring site (AQS
Site No. 39–151–0024). Data are
reported to the EPA’s AQS and are also
available on Ohio EPA’s website.17
D. Pb Data Considerations
In accordance with appendix R to 40
CFR part 50, compliance with the Pb
NAAQS is determined based on data
from 36 consecutive valid 3-month
periods (i.e., 38 months, or a 3-year
calendar period and the preceding
November and December). As detailed
14923
in 40 CFR part 50, appendix R section
4(c)(i), a 3-month mean Pb value is
determined to be valid (i.e., meets data
completeness requirements) if the
average of the data capture rate of the
three constituent monthly means is
greater than or equal to 75 percent.
Under 40 CFR 58.15, monitoring
agencies must certify, on an annual
basis, data collected at all SLAMS and
at all FRM, FEM, and ARM special
purpose monitor stations that meet the
EPA quality assurance requirements. In
doing so, monitoring agencies must
certify that the previous year of ambient
concentration and quality assurance
data are completely submitted to AQS
and that the ambient concentration data
are accurate to the best of their
knowledge. Ohio EPA annually certifies
that the data it submits to AQS are
quality-assured, including data
collected by Ohio EPA at the Republic
Steel monitoring site.
The EPA has evaluated the
completeness of these data in
accordance with the requirements of 40
CFR part 50, appendix R. The data
collected by Ohio EPA at the Republic
Steel ambient air monitoring site meet
this completeness criterion for each 3month period from 2019–2021.
Table 1 presents a summary of the
latest available quality-assured Pb
monitoring data from the Republic Steel
ambient air monitoring site. A map
showing the location of the monitor is
included in the EPA’s Technical
Support Document (EPA TSD)
accompanying this action, contained in
the docket for this rulemaking and on
the EPA’s web page for Pb designations
at https://www.epa.gov/leaddesignations.
TABLE 1—AMBIENT AIR QUALITY MONITORING DATA AND Pb DESIGN VALUES FROM OHIO EPA’S REPUBLIC STEEL
AMBIENT AIR MONITORING SITE 18
Maximum Pb 3-month rolling average (μg/m3)
(number of complete months in parentheses)
Monitor
lotter on DSK11XQN23PROD with RULES1
AQS 39–151–0024: Republic Steel, 315 Georgetown
Road NE, Canton, Ohio ................................................
Pb design value
(μg/m3)
2017
2018
2019
2020
2021
2017–2019
2018–2020
2019–2021
0.11 (5)
0.20 (12)
0.21 (12)
0.13 (12)
0.40 (11)
0.21
0.21
0.40
The EPA considered the Pb NAAQS
design value for the Republic Steel
ambient air monitoring site in the
Canton area in Stark County, Ohio by
assessing the most recent 3 consecutive
years (i.e., 2019–2021) and 2 previous
months of quality-assured, certified
ambient air quality data in the EPA’s
AQS using data from FRM and/or FEM
monitors that are sited and operated in
accordance with 40 CFR parts 50 and
58. Data collected at the Republic Steel
monitoring site indicate that the 2019–
2021 design value representative of the
Canton, Ohio area is 0.40mg/m3, which
13 Canton City Board of Health, Air Pollution
Control Division. https://www.cantonhealth.org/
apc/.
14 Ohio EPA Air Pollution Permit-to-Install (PTI),
Permit Number: P0121793, Facility ID: 1576050694,
Republic Steel. https://wwwapp.epa.ohio.gov/dapc/
permits_issued/1499790.pdf.
15 2021–2022 Ohio EPA Air Monitoring Network
Plan. https://epa.ohio.gov/static/Portals27/ams/
sites/2021-022_AMNP_Main_Report_Final.pdf.
16 Ohio EPA, Air Pollution Control, Reports &
Data, Special Sampling Projects. https://
epa.ohio.gov/wps/portal/gov/epa/divisions-andoffices/air-pollution-control/reports-and-data/
special-sampling-projects.
17 Ohio EPA Special Sampling Projects, Republic
Steel, Canton, Stark County. https://epa.ohio.gov/
divisions-and-offices/air-pollution-control/reportsand-data/special-sampling-projects.
18 Information on the ambient air quality monitors
and data used to calculate the Pb rolling averages
and design values is publicly available at https://
www.epa.gov/aqs.
VerDate Sep<11>2014
16:14 Mar 09, 2023
Jkt 259001
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
E:\FR\FM\10MRR1.SGM
10MRR1
14924
Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
is violating the 2008 Pb NAAQS of 0.15
mg/m3.
E. Factors Considered in Determining
Nonattainment Area Boundary
In initiating and promulgating this
final redesignation, the EPA considered
a number of factors. First, the ambient
air quality monitoring data in the
Canton, Ohio area show a violation well
in excess of the 2008 Pb NAAQS based
on data collected during 2019–2021,
indicating that it is appropriate to revise
the designation of the Canton area
located within Stark County, Ohio to
nonattainment.
Second, in determining the
boundaries of the nonattainment area,
the EPA relied on the same analytical
process that it uses in the initial area
designations process following
promulgation of a new or revised
NAAQS. Specifically, under CAA
section 107(d)(1)(A)(i), the statutory
authority for initial area designations,
the EPA must designate as
nonattainment any area that violates the
NAAQS and any nearby area that
contributes to ambient air quality in the
violating area. The EPA issued guidance
(2008 EPA Pb Guidance) associated with
its initial designations under the 2008
Pb NAAQS that it applied in
determining whether nearby areas were
contributing to monitored violations.
Under the 2008 EPA Pb Guidance, the
perimeter of a county containing the
violating monitor is the initial
presumptive boundary for a
nonattainment area. To exclude any
portion of the presumptive county
boundary, the Guidance suggests that a
demonstration is needed to show that
violations are not occurring in the
excluded portions of the county and
that the excluded portions are not
source areas that contribute to the
observed violations. Moreover, the state
and the EPA may also conduct
additional area-specific analyses that
could lead EPA to depart from the
presumptive boundary to either include
a larger area. The 2008 EPA Pb
Guidance indicated the following eight
factors are relevant to such an
analysis: 19
(1) Air quality in potentially included
versus excluded areas;
(2) Emissions in areas potentially
included versus excluded from the
nonattainment area;
(3) Level of control of emission
sources;
(4) Population density and degree of
urbanization including commercial
development in included versus
excluded areas;
19 73
FR 67033 (November 12, 2008).
VerDate Sep<11>2014
16:14 Mar 09, 2023
Jkt 259001
(5) Expected growth of the population
(including extent, pattern, and rate of
growth);
(6) Meteorology (weather/transport
patterns);
(7) Geography/topography (mountain
ranges or other air basin boundaries);
and
(8) Jurisdictional boundaries (e.g.,
counties, air districts, reservations, etc.).
In addition to an analysis of the eight
factors above, states can choose to
recommend Pb nonattainment
boundaries by using one, or a
combination of the following
techniques:
• Qualitative analysis;
• Spatial interpolation of air quality
monitoring data; or
• Air quality simulation by
dispersion modeling.20
For purposes of this redesignation, all
eight factors listed in the 2008 Guidance
were evaluated, but the EPA concluded
that population growth, geography, and
topography did not play a significant
factor in determining the nonattainment
area boundary in Stark County, Ohio.
The EPA’s detailed evaluation of the
violating monitoring site, contributing
sources, and final area boundaries based
on the weight of evidence of the
previously identified factors is included
in the TSD, which is located in the
docket for this redesignation action. The
EPA’s final boundaries of the
redesignated area encompass the
portions of Stark County that are
bounded on the north by State Route
OH–153 (12th Street NE; Mahoning
Road), on the east by Broadway Avenue,
on the south by State Route OH–172
(Tuscarawas Street E; Lincoln Street E),
and the west by State Route OH–43—
Northbound (Cherry Avenue NE). A
map showing the boundaries of our final
nonattainment area for Canton, Ohio is
included in the final TSD for this action.
V. Statutory and Executive Order
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 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
20 73
PO 00000
FR 67033 (November 12, 2008).
Frm 00054
Fmt 4700
Sfmt 4700
PRA. This action is a redesignation of
one area to nonattainment and does not
contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. This rule is not
subject to the APA but is subject to the
CAA, which does not require notice and
comment rulemaking to take this action.
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. The 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. The division of
responsibility between the federal
government and the states for purposes
of implementing the NAAQS is
established under the CAA.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications. It will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. Thus, Executive
Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866. However, we
note that the protection offered by the
Pb NAAQS may be especially important
for children because neurological effects
in children are among, if not the most,
sensitive health endpoints for Pb
exposure. Because children are
considered a sensitive population, in
setting the Pb NAAQS we carefully
evaluated the environmental health
effects of exposure to Pb pollution
among children. These effects and the
E:\FR\FM\10MRR1.SGM
10MRR1
14925
Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
size of the population affected are
summarized in the EPA’s 2006 Air
Quality Criteria Document for Pb and in
the proposed and final Pb NAAQS rules.
(https://www.epa.gov/airquality/lead/fr/
20081112.pdf)
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)
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
This action, on which the EPA offered
public notice and comment, changes the
air quality designation of an area and
triggers an obligation on the part of the
State to develop an implementation
plan to improve air quality in the area
so that it meets the Pb NAAQS. A
forthcoming implementation plan by the
State will also be available for public
notice and comment.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
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 U.S. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
Indigenous peoples) and low-income
populations.
L. Judicial Review
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 May 9, 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
This rulemaking does not involve
technical standards.
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See CAA
section 307(b)(2).
VI. Statutory Authority
The statutory authority for this action
is provided by 42 U.S.C. 7401, et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Lead.
Michael S. Regan,
Administrator.
For the reasons set forth in the
preamble, 40 CFR part 81 is amended as
follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et. seq.
Subpart C—Section 107 Attainment
Status Designations
2. In § 81.336, the table entitled
‘‘Ohio—2008 Lead NAAQS’’ is amended
by adding an entry for ‘‘Canton—Stark
County, OH:’’ before the entry
‘‘Cleveland, OH:’’ to read as follows:
■
§ 81.336
*
Ohio.
*
*
*
*
OHIO—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1
Type
*
*
*
*
*
*
Canton—Stark County, OH: ......................................................................................................... April 10, 2023 ..............
Stark County (part).
Nonattainment area is bounded by the following roadways:
North: State Route OH–153 (12th Street NE; Mahoning Road).
East: Broadway Avenue.
South: State Route OH–172 (Tuscarawas Street E; Lincoln Street E).
West: State Route OH–43—Northbound (Cherry Avenue NE).
*
*
*
*
*
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 December 31, 2011, unless otherwise noted.
[FR Doc. 2023–04965 Filed 3–9–23; 8:45 am]
lotter on DSK11XQN23PROD with RULES1
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:14 Mar 09, 2023
Jkt 259001
PO 00000
Frm 00055
Fmt 4700
Sfmt 9990
E:\FR\FM\10MRR1.SGM
10MRR1
*
Nonattainment.
*
]]>Agencies
[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Rules and Regulations]
[Pages 14920-14925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04965]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2022-0195; FRL-9631-01-OAR]
RIN 2060-AV66
Air Quality Redesignation for the 2008 Lead National Ambient Air
Quality Standards; Canton, Ohio; Stark County, Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule redesignates a portion of Canton, Ohio in
northeastern Stark County from ``unclassifiable/
[[Page 14921]]
attainment'' to ``nonattainment'' for the 2008 National Ambient Air
Quality Standards (NAAQS) for lead (Pb). The EPA notified the state of
Ohio of its intended redesignation of portions of Stark County on April
26, 2022, and published a Notice of Availability for this action on May
3, 2022. The EPA's redesignation of this portion of the Canton, Ohio
area is based on recorded violations of the Pb NAAQS at the Republic
Steel ambient air monitoring site operated by Ohio Environmental
Protection Agency (Ohio EPA) located in Canton, Ohio.
DATES: This rule is effective on April 10, 2023.
ADDRESSES: The EPA has established a public docket for this
redesignation action at https://www.regulations.gov under Docket ID No.
EPA-HQ-OAR-2022-0195.
FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, please contact Andrew Leith, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Policy Division, Mail Code C539-01,
Research Triangle Park, NC 27709, telephone number: (919) 541-1069,
email address: [email protected]. The following EPA Regional office
contact can answer questions specific to the Canton, Ohio area: Alisa
Liu of Region 5. She can be reached at telephone number: (312) 353-
3193, email address: [email protected] or address at EPA Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604.
The EPA has established a website for the designations for the 2008
Pb NAAQS at https://www.epa.gov/lead-designations. The website includes
the EPA's final redesignations action, technical support documents, and
other related information.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. The information in this
document is organized as follows:
I. Background and Purpose of the EPA's Final Action
II. The 2008 Pb NAAQS
III. Clean Air Act Redesignation Authority
IV. The EPA's Redesignation Decision and Supporting Air Quality
Information
A. Applicable Regulatory Provisions
B. Monitoring Network Considerations
C. Canton, Ohio Ambient Air Monitoring Site
D. Pb Data Considerations
E. Factors Considered in Determining Nonattainment Area Boundary
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
L. Judicial Review
VI. Statutory of Authority
I. Background and Purpose of the EPA's Final Action
The purpose of this final action is to announce and promulgate the
EPA's area redesignation of a portion of the Canton, Ohio area from
``unclassifiable/attainment'' to ``nonattainment'' for the 2008 Pb
NAAQS. The EPA originally designated Stark County, Ohio, including the
Canton area, along with the remaining areas of Ohio, as unclassifiable/
attainment on November 8, 2011.\1\
---------------------------------------------------------------------------
\1\ 75 FR 71033 (November 22, 2010); 76 FR 72097 (November 22,
2011).
---------------------------------------------------------------------------
After originally designating the Canton, Ohio area unclassifiable/
attainment on November 8, 2011, the EPA determined in 2021 that
quality-assured, certified monitoring data collected during 2017-2020
at the Ohio EPA ambient air monitoring site located at 3150 Georgetown
Road NE in Canton, Ohio (Republic Steel ambient air monitoring site),
showed that the area was violating the Pb NAAQS. Consistent with CAA
section 107(d)(3)(A), the EPA notified the Governor of Ohio in a letter
dated April 26, 2022, of an intended redesignation of a portion of the
Canton, Ohio area as ``nonattainment'' for the 2008 Pb NAAQS. The EPA
published a Notice of Availability (NOA) for this action in the Federal
Register shortly thereafter, on May 3, 2022.\2\
---------------------------------------------------------------------------
\2\ 87 FR 26147 (May 3, 2022).
---------------------------------------------------------------------------
Upon publication of the NOA in the Federal Register, a 30-day
public comment period began. This comment period closed on June 2,
2022, and yielded three public comments, all of which proved supportive
of the EPA's redesignation decision and intended nonattainment area
boundary.
On August 22, 2022, Ohio EPA submitted their recommendations and
response to the EPA's April 26, 2022, notification letter concurring
with the EPA's boundaries for the intended nonattainment area in the
Canton, Ohio area. Ohio EPA, in their response to the EPA's
notification, acknowledged pending enforcement actions and a July 2,
2021, Consent Order for Preliminary Injunction in the Stark County
Court of Common Pleas, which mandated that the Republic Steel facility,
which is located within the bounds of the area to be redesignated,
undertake certain actions to reduce Pb emissions. Since Ohio EPA's
response concurred with the EPA's intended boundaries of the area to be
redesignated, the EPA has not modified those boundaries and is
finalizing its redesignation of the identified portion of the Canton
area within Stark County, Ohio as ``nonattainment.''
The issuance of this final rule will require the state of Ohio to
undertake certain planning requirements to reduce Pb concentrations
within this newly redesignated nonattainment area, including, but not
limited to, the requirement to submit within 18 months of
redesignation, a revision to the Ohio state implementation plan (SIP)
that provides for attainment of the 2008 Pb NAAQS as expeditiously as
practicable, but no later than 5 years after the effective date of
redesignation to nonattainment.
II. The 2008 Pb NAAQS
Under section 109 of the Act, the EPA has established primary and
secondary NAAQS for certain pervasive air pollutants (referred to as
``criteria pollutants'') and conducts periodic reviews of the NAAQS to
determine whether they should be revised or whether new NAAQS should be
established. The primary NAAQS represent ambient air quality standards,
the attainment and maintenance of which the EPA has determined,
including a margin of safety, are requisite to protect the public
health. The secondary NAAQS represent ambient air quality standards,
the attainment and maintenance of which the EPA has determined are
requisite to protect the public welfare from any known or anticipated
adverse effects associated with the presence of such air pollutant in
the ambient air.
Under the CAA, the EPA must establish NAAQS for criteria
pollutants, including Pb. Lead is generally emitted in the form of
particles that are deposited in water, soil, and dust. People may be
exposed to Pb by inhaling it or by ingesting Pb-contaminated food,
water, soil, or dust. Once in the body, Pb is quickly
[[Page 14922]]
absorbed into the bloodstream and can result in a broad range of
adverse health effects including damage to the central nervous system,
cardiovascular function, kidneys, immune system, and red blood cells.
Children are particularly vulnerable to Pb exposure, in part because
they are more likely to ingest Pb and in part because their still-
developing bodies are more sensitive to the effects of Pb. The harmful
effects to children's developing nervous systems (including their
brains) arising from Pb exposure may include intelligence quotient (IQ)
\3\ loss, poor academic achievement, long-term learning disabilities,
and an increased risk of delinquent behavior.\4\
---------------------------------------------------------------------------
\3\ IQ is a score created by dividing a person's mental age
score, obtained by administering an intelligence test, by the
person's chronological age, both expressed in terms of years and
months. ``Glossary of Important Assessment and Measurement Terms,''
Philadelphia, PA: National Council on Measurement in Education.
2016.
\4\ Depending on the level of exposure, lead can adversely
affect the nervous system, kidney function, immune system,
reproductive and developmental systems and the cardiovascular
system. For more information regarding the health effects of Pb
exposure, see 73 FR 66964, November 12, 2008, or https://www.epa.gov/airquality/lead/health.html.
---------------------------------------------------------------------------
The EPA first established primary and secondary Pb standards in
1978 at 1.5 micrograms per cubic meter ([micro]g/m\3\) as a quarterly
average.\5\ On October 15, 2008, the EPA revised the federal Pb
standards to 0.15 [micro]g/m\3\ and revised the averaging time for the
standards.\6\ A violation of the 2008 Pb NAAQS occurs if any arithmetic
3-month mean concentration is greater than 0.15 [micro]g/m\3\.\7\ Since
the primary and secondary Pb standards are the same, we refer to them
hereafter in this document using the singular Pb standard or NAAQS.
---------------------------------------------------------------------------
\5\ 43 FR 46246 (October 5, 1978).
\6\ 73 FR 66964 (November 12, 2008).
\7\ 40 CFR 50.16.
---------------------------------------------------------------------------
Following promulgation of any new or revised NAAQS, the EPA is
required by CAA section 107(d) to designate areas throughout the nation
as attaining or not attaining the NAAQS. The EPA initially designated
all areas of the country as ``unclassifiable,'' ``unclassifiable/
attainment,'' or ``nonattainment'' for the 2008 Pb NAAQS in two rounds
on November 16, 2010, and November 8, 2011.
III. Clean Air Act Redesignation Authority
The CAA, under section 107(d)(3), provides the EPA with the
authority to, at any time, notify the Governor of any state that
available information indicates that the designation of any area or
portion of an area should be revised. Such available information
prompting a revised designation can include air quality data, planning
and control considerations, or any other air quality-related
considerations the Administrator deems appropriate. Once the EPA
notifies a state, the state then has the opportunity to respond and
submit supplemental information that the Governor considers
appropriate. Before the EPA promulgates the redesignation, if any, the
agency will consider the supplemental information provided by the
state, making any modifications that the Administrator deems necessary.
The EPA is not required under CAA section 107(d)(3) to seek public
comment during the redesignations process, but we elected to do so for
this area with respect to the 2008 Pb NAAQS to provide the public with
an opportunity to give input for the EPA's consideration before
promulgating any final redesignation.
IV. The EPA's Redesignation Decision and Supporting Air Quality
Information
A. Applicable Regulatory Provisions
A determination of whether an area's air quality meets applicable
standards is generally based upon the most recent 3 years of complete,
quality-assured data recorded by established state and local air
monitoring stations (SLAMS) and entered into the EPA's Air Quality
System (AQS) database.\8\ Data from ambient air monitors operated by
state and local agencies in compliance with the EPA monitoring
requirements must be submitted to AQS.\9\ Monitoring agencies annually
certify that these data are accurate to the best of their
knowledge.\10\ All data are reviewed to determine the area's air
quality status for Pb in accordance with 40 CFR part 50, appendix R.
---------------------------------------------------------------------------
\8\ AQS is the EPA's repository of ambient air quality data.
\9\ 40 CFR 58.16.
\10\ 40 CFR 58.15.
---------------------------------------------------------------------------
Under the EPA regulations in 40 CFR 50.16 and in accordance with 40
CFR part 50, appendix R, the 2008 Pb NAAQS is met when the design value
is less than or equal to 0.15 [micro]g/m\3\ at each eligible monitoring
site within the area. The Pb design value at each eligible monitoring
site is the maximum valid rolling 3-month arithmetic mean Pb
concentration from the 38-month period consisting of the most recent 3-
year calendar period plus two previous months. The 3-month mean Pb
concentrations are rounded to the nearest hundredth [micro]g/m\3\ for
comparison to the NAAQS. Data completeness requirements for a given 3-
month period are met if the average of the data capture rate of the
three constituent monthly means is greater than or equal to 75
percent.\11\
---------------------------------------------------------------------------
\11\ See 40 CFR part 50, appendix R, sections (1)c, 4(c), and
5(b).
---------------------------------------------------------------------------
B. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA requires states to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. The EPA's monitoring requirements are
specified by regulations in 40 CFR part 58. These requirements are
applicable to state and, where delegated, local air monitoring agencies
that operate criteria pollutant monitors. The regulations in 40 CFR
part 58 establish specific requirements for operating air quality
surveillance networks to measure ambient concentrations of Pb,
including requirements for measurement methods, network design, quality
assurance procedures and, in the case of large urban areas, the minimum
number of monitoring sites designated as SLAMS.
In sections 4.4 and 4.5 of appendix D to 40 CFR part 58, the EPA
specifies minimum monitoring requirements for Pb, respectively, to
operate at SLAMS. SLAMS produce data that are eligible for comparison
with the NAAQS, and therefore, the monitor must be an approved federal
reference method (FRM) monitor, federal equivalent method (FEM)
monitor, or approved regional method (ARM) monitor.
The minimum number of required Pb SLAMS is described in section 4.5
of appendix D to 40 CFR part 58. There must be at least one source-
oriented SLAMS site located to measure the maximum Pb concentration in
ambient air resulting from each non-airport Pb source that emits 0.50
or more tons per year (tpy) and from each airport that emits 1.0 tpy or
more based on either the most recent National Emission Inventory (NEI)
or other scientifically justifiable methods and data.
According to the 2017 NEI, one non-airport source in Stark County,
Ohio exceeded the 0.50 tpy threshold and therefore required source-
oriented Pb monitoring: the Republic Steel plant located at 2633 Eighth
Street NE in Canton, Ohio (Republic Steel).\12\ Republic Steel is a
steel manufacturer that manufactures leaded steel and other steel
products.
---------------------------------------------------------------------------
\12\ Ohio facility-level Pb emissions data from the 2017 NEI may
be accessed on the EPA NEI website at https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data.
---------------------------------------------------------------------------
[[Page 14923]]
C. Canton, Ohio Ambient Air Monitoring Site
On June 6, 2017, an ambient air monitoring site was installed and
began operating in Stark County to measure concentrations of Pb and
other toxic metals. Ohio EPA, through its partnership with the Canton
City Board of Health's Air Pollution Control Division,\13\ installed
this special purpose monitor (SPM) to meet the requirements of a state
permit issued on December 12, 2016, to Republic Steel as part of
operational changes made to its plant at 2633 Eighth Street NE in
Canton, Ohio.\14\
---------------------------------------------------------------------------
\13\ Canton City Board of Health, Air Pollution Control
Division. https://www.cantonhealth.org/apc/.
\14\ Ohio EPA Air Pollution Permit-to-Install (PTI), Permit
Number: P0121793, Facility ID: 1576050694, Republic Steel. https://wwwapp.epa.ohio.gov/dapc/permits_issued/1499790.pdf.
---------------------------------------------------------------------------
In April 2019, Ohio EPA converted the designated primary Pb sampler
at the Republic Steel ambient air monitoring site from a special
purpose monitor to a SLAMS monitor. The conversion was made as a result
of Ohio EPA's 2017 emissions inventory, which indicated that Republic
Steel's Pb emissions were at 0.81 tpy, which exceeds the source-
oriented 0.50 tpy monitoring threshold for non-airport sources in 40
CFR part 58, appendix D. The EPA requires SLAMS monitors to collect Pb
samples at a minimum frequency of 1-in-6 days and those data be
reported to the EPA's AQS.
On March 1, 2021, Ohio EPA began operating a second monitor at the
Republic Steel ambient air monitoring site to collect additional Pb
samples on a random day sampling schedule.\15\ Pb data from both of
these monitors are combined to calculate the monitoring site level
design value for comparison to the NAAQS. Ohio EPA continued to also
collect air samples to evaluate air quality specifically during leaded
production at the Republic Steel plant. Because these air samplers were
operated only during leaded production time periods, typically less
than the routine 24-hour air samples required for air monitoring data
used for NAAQS comparisons, the data are not reported to the EPA's AQS.
Ohio EPA posts data from all Pb monitors on its website.\16\
---------------------------------------------------------------------------
\15\ 2021-2022 Ohio EPA Air Monitoring Network Plan. https://epa.ohio.gov/static/Portals27/ams/sites/2021-022_AMNP_Main_Report_Final.pdf.
\16\ Ohio EPA, Air Pollution Control, Reports & Data, Special
Sampling Projects. https://epa.ohio.gov/wps/portal/gov/epa/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects.
---------------------------------------------------------------------------
The two ambient air quality monitors (Parameter Occurrence Code
(POC) 1, POC 4) at the Republic Steel ambient air monitoring site
measure ambient concentrations on a microscale level of 0 to 100 meters
with a staggered schedule. POC 1 operates on the EPA sampling schedule
of 1-in-6 days, and POC 4 operates on a randomized schedule. The POC is
used to distinguish different instruments that measure the same
parameter at the same monitoring site.
In April 2022, another ambient air quality monitoring site was
installed at 719 Marietta Avenue NE, Canton, Ohio, and the Canton City
Board of Health's Air Pollution Control Division began collecting data.
The new ``Republic Community'' monitoring site (AQS Site No. 39-151-
0025) operates two monitors, denoted as POC 1 and 4, on the same days
and frequency as the Republic Steel monitoring site (AQS Site No. 39-
151-0024). Data are reported to the EPA's AQS and are also available on
Ohio EPA's website.\17\
---------------------------------------------------------------------------
\17\ Ohio EPA Special Sampling Projects, Republic Steel, Canton,
Stark County. https://epa.ohio.gov/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects.
---------------------------------------------------------------------------
D. Pb Data Considerations
In accordance with appendix R to 40 CFR part 50, compliance with
the Pb NAAQS is determined based on data from 36 consecutive valid 3-
month periods (i.e., 38 months, or a 3-year calendar period and the
preceding November and December). As detailed in 40 CFR part 50,
appendix R section 4(c)(i), a 3-month mean Pb value is determined to be
valid (i.e., meets data completeness requirements) if the average of
the data capture rate of the three constituent monthly means is greater
than or equal to 75 percent.
Under 40 CFR 58.15, monitoring agencies must certify, on an annual
basis, data collected at all SLAMS and at all FRM, FEM, and ARM special
purpose monitor stations that meet the EPA quality assurance
requirements. In doing so, monitoring agencies must certify that the
previous year of ambient concentration and quality assurance data are
completely submitted to AQS and that the ambient concentration data are
accurate to the best of their knowledge. Ohio EPA annually certifies
that the data it submits to AQS are quality-assured, including data
collected by Ohio EPA at the Republic Steel monitoring site.
The EPA has evaluated the completeness of these data in accordance
with the requirements of 40 CFR part 50, appendix R. The data collected
by Ohio EPA at the Republic Steel ambient air monitoring site meet this
completeness criterion for each 3-month period from 2019-2021.
Table 1 presents a summary of the latest available quality-assured
Pb monitoring data from the Republic Steel ambient air monitoring site.
A map showing the location of the monitor is included in the EPA's
Technical Support Document (EPA TSD) accompanying this action,
contained in the docket for this rulemaking and on the EPA's web page
for Pb designations at https://www.epa.gov/lead-designations.
Table 1--Ambient Air Quality Monitoring Data and Pb Design Values From Ohio EPA's Republic Steel Ambient Air Monitoring Site \18\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum Pb 3-month rolling average ([mu]g/m\3\) (number of Pb design value ([mu]g/m\3\)
complete months in parentheses) --------------------------------------
Monitor -----------------------------------------------------------------
2017 2018 2019 2020 2021 2017-2019 2018-2020 2019-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
AQS 39-151-0024: Republic Steel, 315 Georgetown 0.11 (5) 0.20 (12) 0.21 (12) 0.13 (12) 0.40 (11) 0.21 0.21 0.40
Road NE, Canton, Ohio..........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
The EPA considered the Pb NAAQS design value for the Republic Steel
ambient air monitoring site in the Canton area in Stark County, Ohio by
assessing the most recent 3 consecutive years (i.e., 2019-2021) and 2
previous months of quality-assured, certified ambient air quality data
in the EPA's AQS using data from FRM and/or FEM monitors that are sited
and operated in accordance with 40 CFR parts 50 and 58. Data collected
at the Republic Steel monitoring site indicate that the 2019-2021
design value representative of the Canton, Ohio area is 0.40[mu]g/m\3\,
which
[[Page 14924]]
is violating the 2008 Pb NAAQS of 0.15 [mu]g/m\3\.
---------------------------------------------------------------------------
\18\ Information on the ambient air quality monitors and data
used to calculate the Pb rolling averages and design values is
publicly available at https://www.epa.gov/aqs.
---------------------------------------------------------------------------
E. Factors Considered in Determining Nonattainment Area Boundary
In initiating and promulgating this final redesignation, the EPA
considered a number of factors. First, the ambient air quality
monitoring data in the Canton, Ohio area show a violation well in
excess of the 2008 Pb NAAQS based on data collected during 2019-2021,
indicating that it is appropriate to revise the designation of the
Canton area located within Stark County, Ohio to nonattainment.
Second, in determining the boundaries of the nonattainment area,
the EPA relied on the same analytical process that it uses in the
initial area designations process following promulgation of a new or
revised NAAQS. Specifically, under CAA section 107(d)(1)(A)(i), the
statutory authority for initial area designations, the EPA must
designate as nonattainment any area that violates the NAAQS and any
nearby area that contributes to ambient air quality in the violating
area. The EPA issued guidance (2008 EPA Pb Guidance) associated with
its initial designations under the 2008 Pb NAAQS that it applied in
determining whether nearby areas were contributing to monitored
violations.
Under the 2008 EPA Pb Guidance, the perimeter of a county
containing the violating monitor is the initial presumptive boundary
for a nonattainment area. To exclude any portion of the presumptive
county boundary, the Guidance suggests that a demonstration is needed
to show that violations are not occurring in the excluded portions of
the county and that the excluded portions are not source areas that
contribute to the observed violations. Moreover, the state and the EPA
may also conduct additional area-specific analyses that could lead EPA
to depart from the presumptive boundary to either include a larger
area. The 2008 EPA Pb Guidance indicated the following eight factors
are relevant to such an analysis: \19\
---------------------------------------------------------------------------
\19\ 73 FR 67033 (November 12, 2008).
---------------------------------------------------------------------------
(1) Air quality in potentially included versus excluded areas;
(2) Emissions in areas potentially included versus excluded from
the nonattainment area;
(3) Level of control of emission sources;
(4) Population density and degree of urbanization including
commercial development in included versus excluded areas;
(5) Expected growth of the population (including extent, pattern,
and rate of growth);
(6) Meteorology (weather/transport patterns);
(7) Geography/topography (mountain ranges or other air basin
boundaries); and
(8) Jurisdictional boundaries (e.g., counties, air districts,
reservations, etc.).
In addition to an analysis of the eight factors above, states can
choose to recommend Pb nonattainment boundaries by using one, or a
combination of the following techniques:
Qualitative analysis;
Spatial interpolation of air quality monitoring data; or
Air quality simulation by dispersion modeling.\20\
---------------------------------------------------------------------------
\20\ 73 FR 67033 (November 12, 2008).
---------------------------------------------------------------------------
For purposes of this redesignation, all eight factors listed in the
2008 Guidance were evaluated, but the EPA concluded that population
growth, geography, and topography did not play a significant factor in
determining the nonattainment area boundary in Stark County, Ohio. The
EPA's detailed evaluation of the violating monitoring site,
contributing sources, and final area boundaries based on the weight of
evidence of the previously identified factors is included in the TSD,
which is located in the docket for this redesignation action. The EPA's
final boundaries of the redesignated area encompass the portions of
Stark County that are bounded on the north by State Route OH-153 (12th
Street NE; Mahoning Road), on the east by Broadway Avenue, on the south
by State Route OH-172 (Tuscarawas Street E; Lincoln Street E), and the
west by State Route OH-43--Northbound (Cherry Avenue NE). A map showing
the boundaries of our final nonattainment area for Canton, Ohio is
included in the final TSD for this action.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action is a redesignation of one area to nonattainment
and does not contain any information collection activities.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule is not subject to the APA but is subject to the CAA, which
does not require notice and comment rulemaking to take this action.
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. The 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. The
division of responsibility between the federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications. It will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. Thus, Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866.
However, we note that the protection offered by the Pb NAAQS may be
especially important for children because neurological effects in
children are among, if not the most, sensitive health endpoints for Pb
exposure. Because children are considered a sensitive population, in
setting the Pb NAAQS we carefully evaluated the environmental health
effects of exposure to Pb pollution among children. These effects and
the
[[Page 14925]]
size of the population affected are summarized in the EPA's 2006 Air
Quality Criteria Document for Pb and in the proposed and final Pb NAAQS
rules. (https://www.epa.gov/airquality/lead/fr/20081112.pdf)
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 does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action, on which the EPA offered public notice and comment,
changes the air quality designation of an area and triggers an
obligation on the part of the State to develop an implementation plan
to improve air quality in the area so that it meets the Pb NAAQS. A
forthcoming implementation plan by the State will also be available for
public notice and comment.
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 U.S. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
L. Judicial Review
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 May 9, 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 CAA section 307(b)(2).
VI. Statutory Authority
The statutory authority for this action is provided by 42 U.S.C.
7401, et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Lead.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, 40 CFR part 81 is
amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et. seq.
Subpart C--Section 107 Attainment Status Designations
0
2. In Sec. 81.336, the table entitled ``Ohio--2008 Lead NAAQS'' is
amended by adding an entry for ``Canton--Stark County, OH:'' before the
entry ``Cleveland, OH:'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2008 Lead NAAQS
----------------------------------------------------------------------------------------------------------------
Designation for the 2008 NAAQS \a\
Designated area ----------------------------------------------------------
Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Canton--Stark County, OH:............................ April 10, 2023.............. Nonattainment.
Stark County (part)..............................
Nonattainment area is bounded by the
following roadways:
North: State Route OH-153 (12th Street NE;
Mahoning Road).
East: Broadway Avenue.
South: State Route OH-172 (Tuscarawas Street
E; Lincoln Street E).
West: State Route OH-43--Northbound (Cherry
Avenue NE).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ December 31, 2011, unless otherwise noted.
[FR Doc. 2023-04965 Filed 3-9-23; 8:45 am]
BILLING CODE 6560-50-P
