Air Plan Approval; Ohio; Approval of the Muskingum River SO2 Attainment Plan, 61969-61971 [2023-19201]
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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations
permanent, standing or continuously
flowing bodies of water with a
continuous surface connection to the
waters identified in paragraph (a)(1) or
(a)(3) of this section.
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(c) * * *
(2) Adjacent means having a
continuous surface connection.
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Title 40—Protection of Environment
For reasons set out in the preamble,
40 CFR part 120 is amended as follows:
PART 120—DEFINITION OF WATERS
OF THE UNITED STATES
3 The authority citation for part 120
continues to read as follows:
■
Authority: 33 U.S.C. 1251 et seq.
4. Section 120.2 is amended by:
a. Revising paragraphs (a)(1)(iii),
(a)(3), and (a)(4)(ii);
■ b. Removing paragraph (a)(4)(iii);
■ c. Revising paragraphs (a)(5) and
(c)(2); and
■ d. Removing paragraph (c)(6).
The revisions read as follows:
■
■
§ 120.2
Definitions.
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(a) * * *
(1) * * *
(iii) Interstate waters;
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(3) Tributaries of waters identified in
paragraph (a)(1) or (2) of this section
that are relatively permanent, standing
or continuously flowing bodies of water;
(4) * * *
(ii) Relatively permanent, standing or
continuously flowing bodies of water
identified in paragraph (a)(2) or (a)(3) of
this section and with a continuous
surface connection to those waters;
(5) Intrastate lakes and ponds not
identified in paragraphs (a)(1) through
(4) of this section that are relatively
permanent, standing or continuously
flowing bodies of water with a
continuous surface connection to the
waters identified in paragraph (a)(1) or
(a)(3) of this section.
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(c) * * *
(2) Adjacent means having a
continuous surface connection.
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[FR Doc. 2023–18929 Filed 9–7–23; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2022–0580; FRL–11047–
02–R5]
Air Plan Approval; Ohio; Approval of
the Muskingum River SO2 Attainment
Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), a revision to the
Ohio State Implementation Plan (SIP)
intended to provide for attainment of
the 2010 primary, health-based 1-hour
sulfur dioxide (SO2) national ambient
air quality standard (NAAQS or
standard) for the Muskingum River SO2
nonattainment area. This SIP revision
(hereinafter referred to as Ohio’s
Muskingum River SO2 attainment plan
or plan), includes Ohio’s attainment
demonstration and other attainment
planning elements required under the
CAA. EPA is finding that Ohio has
appropriately demonstrated that the
plan provides for attainment of the 2010
1-hour primary SO2 NAAQS in the
Muskingum River, Ohio nonattainment
area and that the plan meets the other
applicable requirements under the CAA.
EPA is also incorporating by reference
Ohio Director’s Final Findings and
Orders (DFFOs), issued on May 23,
2023, into the Ohio SIP. The DFFOs set
forth additional requirements at Globe
Metallurgical (Globe) to verify
appropriate source characterization for
modeling purposes.
DATES: This final rule is effective on
October 10, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2022–0580. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
SUMMARY:
PO 00000
Frm 00019
Fmt 4700
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61969
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Gina
Harrison, Environmental Scientist, at
(312) 353–6956 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Gina
Harrison, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–6956, harrison.gina@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On January 18, 2022 (87 FR 2555),
EPA partially approved and partially
disapproved Ohio’s SO2 plan for the
Muskingum River area submitted on
April 3, 2015, and October 13, 2015, and
supplemented on June 23, 2020. EPA’s
January 18, 2022, final rule provided an
explanation of the applicable provisions
in the CAA and the measures and
limitations identified in Ohio’s
attainment plan to satisfy these
provisions.
The partial disapproval started
sanctions clocks for this area under
CAA section 179(a)–(b), including a
requirement for 2-for-1 offsets for any
major new sources or major
modifications 18 months after the
effective date of this action, and
highway funding sanctions 6 months
thereafter, as well as initiated an
obligation for EPA to promulgate a
Federal Implementation Plan (FIP)
within 24 months, under CAA section
110(c).
Ohio supplemented the attainment
demonstration on June 24, 2022,
substituting new measures in lieu of a
land acquisition and modifying the air
quality modeling to include the use of
site-specific meteorological data. Ohio
submitted additional supplemental
information on July 28, 2022, and May
23, 2023, including revised DFFOs for
Globe, issued on May 23, 2023, that
supersede the June 23, 2020 DFFOs.
II. Proposed Rule
On June 22, 2023 (88 FR 40726), EPA
proposed to approve Ohio’s SIP
attainment plan submission for the
Muskingum River SO2 nonattainment
area, which the state submitted to EPA
on April 3, 2015, October 13, 2015, and
June 23, 2020, and supplemented on
June 24, 2022, July 28, 2022, and May
23, 2023. The SO2 attainment plan
included Ohio’s attainment
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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations
demonstration for this area. The
attainment plan also addressed
requirements for emission inventories,
reasonably available control measures
(RACM) and reasonably available
control technology (RACT), reasonable
further progress (RFP), and contingency
measures. Ohio has previously
addressed requirements regarding
nonattainment area new source review.
Because Ohio’s submission provides an
appropriate testing requirement to
confirm the modeling, EPA has
determined that Ohio’s SO2 attainment
plan for the Muskingum River SO2
nonattainment area meets the applicable
requirements of CAA sections 110, 172,
191, and 192.
A key element of Ohio’s attainment
plan is Ohio’s revised DFFOs, issued to
Globe on May 23, 2023. Among other
requirements, Ohio’s DFFOs retain SO2
emission limits for Globe set forth in the
2020 DFFOs as a matrix of limits based
on 26 separate operating scenarios at the
two baghouses, where each of the 26
scenarios was modeled to demonstrate
attainment and maintenance of the SO2
standard. As part of the proposed
approval of Ohio’s attainment plan for
this area, EPA proposed to approve
Ohio’s May 23, 2023, DFFOs for the
Globe facility into the SIP. These DFFOs
supersede the previous 2020 DFFOs,
retain the SO2 limits and other
requirements set forth in the 2020
DFFOs, and require additional testing,
monitoring, and confirmation of certain
flow parameters for verification of
source modeling characterization. For
the reasons discussed in the proposed
rule, EPA finds that these requirements
are sufficient for the required attainment
plan demonstration.
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III. Public Comments
The public comment period for EPA’s
proposed rule ended on July 24, 2023.
EPA received no comments on the
proposal.
IV. Final Action
EPA is approving Ohio’s SIP
attainment plan submission for the
Muskingum River SO2 nonattainment
area, which the state previously
submitted to EPA on April 3, 2015,
October 13, 2015, and June 23, 2020,
and supplemented on June 24, 2022,
July 28, 2022, and May 23, 2023. This
SO2 attainment plan included Ohio’s
attainment demonstration for this area.
The attainment plan also addressed
requirements for emission inventories,
RACT/RACM, RFP, and contingency
measures. By this action, EPA is
codifying its approval of both Ohio’s
May 23, 2023, DFFOs issued to Globe
and Ohio’s attainment plan for the
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Muskingum River SO2 nonattainment
area.
This approval terminates the highway
funding sanction and FIP clocks started
under CAA section 179 resulting from
EPA’s partial disapproval of the prior
SIP. It also removes the permitting offset
sanction that has been in place since
August 17, 2023.
V. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Ohio Regulations
described in section II of this preamble
and set forth in the amendments to 40
CFR part 52 below. EPA has made, and
will continue to make, these documents
generally available through
www.regulations.gov, and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
and 14094 (88 FR 21879, April 11,
2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00020
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under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Ohio EPA did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
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action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 7, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870:
a. Amend the table in paragraph (d) by
adding an entry for ‘‘Globe
Metallurgical, Inc.’’ before the entry for
‘‘Hilton Davis’’.
■ b. Amend the table in paragraph (e)
under the heading ‘‘Summary of Criteria
Pollutant Attainment Plans’’ by revising
the entry entitled ‘‘SO2 (2010)’’ for
‘‘Muskingum River’’.
The addition and revision read as
follows:
■
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: August 31, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
§ 52.1870
*
Identification of plan.
*
*
(d) * * *
*
*
EPA APPROVED OHIO SOURCE-SPECIFIC PROVISIONS
Name of source
Ohio effective
date
Number
*
*
*
Globe Metallurgical Inc ........... DFFOs ...................................
*
*
*
5/23/2023
*
EPA approval date
*
*
9/8/2023, [Insert Federal Register Citation]
*
*
*
Comments
*
*
(e) * * *
EPA APPROVED—OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographical or
non-attainment area
Title
*
*
State date
*
EPA approval
*
*
Comments
*
*
Summary of Criteria Pollutant Attainment Plans
*
*
*
SO2 (2010) .............................. Muskingum River ...................
*
*
*
5/24/2023
*
3. Section 52.1873 is amended by
removing and reserving paragraph (b).
■
[FR Doc. 2023–19201 Filed 9–7–23; 8:45 am]
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9/8/2023, [Insert Federal Register Citation]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R06–OAR–2020–0343; FRL–11279–
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Air Plan Approval; Texas; Clean Air
Act Requirements for Enhanced
Vehicle Inspection and Maintenance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of the State
Implementation Plan (SIP) revisions
submitted to the EPA by the State of
Texas (the State) for the 2008 8-hour
ozone National Ambient Air Quality
Standard (NAAQS). The SIP revisions
being approved describe how CAA
requirements for vehicle Inspection and
Maintenance (I/M) are met in the DallasFort Worth (DFW) and HoustonGalveston-Brazoria (HGB) Serious ozone
nonattainment areas.
SUMMARY:
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Rules and Regulations]
[Pages 61969-61971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19201]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0580; FRL-11047-02-R5]
Air Plan Approval; Ohio; Approval of the Muskingum River SO2
Attainment Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), a revision to the Ohio State Implementation
Plan (SIP) intended to provide for attainment of the 2010 primary,
health-based 1-hour sulfur dioxide (SO2) national ambient
air quality standard (NAAQS or standard) for the Muskingum River
SO2 nonattainment area. This SIP revision (hereinafter
referred to as Ohio's Muskingum River SO2 attainment plan or
plan), includes Ohio's attainment demonstration and other attainment
planning elements required under the CAA. EPA is finding that Ohio has
appropriately demonstrated that the plan provides for attainment of the
2010 1-hour primary SO2 NAAQS in the Muskingum River, Ohio
nonattainment area and that the plan meets the other applicable
requirements under the CAA. EPA is also incorporating by reference Ohio
Director's Final Findings and Orders (DFFOs), issued on May 23, 2023,
into the Ohio SIP. The DFFOs set forth additional requirements at Globe
Metallurgical (Globe) to verify appropriate source characterization for
modeling purposes.
DATES: This final rule is effective on October 10, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0580. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Gina
Harrison, Environmental Scientist, at (312) 353-6956 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Gina Harrison, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-6956, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On January 18, 2022 (87 FR 2555), EPA partially approved and
partially disapproved Ohio's SO2 plan for the Muskingum
River area submitted on April 3, 2015, and October 13, 2015, and
supplemented on June 23, 2020. EPA's January 18, 2022, final rule
provided an explanation of the applicable provisions in the CAA and the
measures and limitations identified in Ohio's attainment plan to
satisfy these provisions.
The partial disapproval started sanctions clocks for this area
under CAA section 179(a)-(b), including a requirement for 2-for-1
offsets for any major new sources or major modifications 18 months
after the effective date of this action, and highway funding sanctions
6 months thereafter, as well as initiated an obligation for EPA to
promulgate a Federal Implementation Plan (FIP) within 24 months, under
CAA section 110(c).
Ohio supplemented the attainment demonstration on June 24, 2022,
substituting new measures in lieu of a land acquisition and modifying
the air quality modeling to include the use of site-specific
meteorological data. Ohio submitted additional supplemental information
on July 28, 2022, and May 23, 2023, including revised DFFOs for Globe,
issued on May 23, 2023, that supersede the June 23, 2020 DFFOs.
II. Proposed Rule
On June 22, 2023 (88 FR 40726), EPA proposed to approve Ohio's SIP
attainment plan submission for the Muskingum River SO2
nonattainment area, which the state submitted to EPA on April 3, 2015,
October 13, 2015, and June 23, 2020, and supplemented on June 24, 2022,
July 28, 2022, and May 23, 2023. The SO2 attainment plan
included Ohio's attainment
[[Page 61970]]
demonstration for this area. The attainment plan also addressed
requirements for emission inventories, reasonably available control
measures (RACM) and reasonably available control technology (RACT),
reasonable further progress (RFP), and contingency measures. Ohio has
previously addressed requirements regarding nonattainment area new
source review. Because Ohio's submission provides an appropriate
testing requirement to confirm the modeling, EPA has determined that
Ohio's SO2 attainment plan for the Muskingum River
SO2 nonattainment area meets the applicable requirements of
CAA sections 110, 172, 191, and 192.
A key element of Ohio's attainment plan is Ohio's revised DFFOs,
issued to Globe on May 23, 2023. Among other requirements, Ohio's DFFOs
retain SO2 emission limits for Globe set forth in the 2020
DFFOs as a matrix of limits based on 26 separate operating scenarios at
the two baghouses, where each of the 26 scenarios was modeled to
demonstrate attainment and maintenance of the SO2 standard.
As part of the proposed approval of Ohio's attainment plan for this
area, EPA proposed to approve Ohio's May 23, 2023, DFFOs for the Globe
facility into the SIP. These DFFOs supersede the previous 2020 DFFOs,
retain the SO2 limits and other requirements set forth in
the 2020 DFFOs, and require additional testing, monitoring, and
confirmation of certain flow parameters for verification of source
modeling characterization. For the reasons discussed in the proposed
rule, EPA finds that these requirements are sufficient for the required
attainment plan demonstration.
III. Public Comments
The public comment period for EPA's proposed rule ended on July 24,
2023. EPA received no comments on the proposal.
IV. Final Action
EPA is approving Ohio's SIP attainment plan submission for the
Muskingum River SO2 nonattainment area, which the state
previously submitted to EPA on April 3, 2015, October 13, 2015, and
June 23, 2020, and supplemented on June 24, 2022, July 28, 2022, and
May 23, 2023. This SO2 attainment plan included Ohio's
attainment demonstration for this area. The attainment plan also
addressed requirements for emission inventories, RACT/RACM, RFP, and
contingency measures. By this action, EPA is codifying its approval of
both Ohio's May 23, 2023, DFFOs issued to Globe and Ohio's attainment
plan for the Muskingum River SO2 nonattainment area.
This approval terminates the highway funding sanction and FIP
clocks started under CAA section 179 resulting from EPA's partial
disapproval of the prior SIP. It also removes the permitting offset
sanction that has been in place since August 17, 2023.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in section II of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through
www.regulations.gov, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Ohio EPA did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this
[[Page 61971]]
action. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 7, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: August 31, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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:
0
a. Amend the table in paragraph (d) by adding an entry for ``Globe
Metallurgical, Inc.'' before the entry for ``Hilton Davis''.
0
b. Amend the table in paragraph (e) under the heading ``Summary of
Criteria Pollutant Attainment Plans'' by revising the entry entitled
``SO2 (2010)'' for ``Muskingum River''.
The addition and revision read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(d) * * *
EPA Approved Ohio Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
Ohio effective
Name of source Number date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Globe Metallurgical Inc........... DFFOs................ 5/23/2023 9/8/2023, [Insert ..............
Federal Register
Citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(e) * * *
EPA Approved--Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Title geographical or non- State date EPA approval Comments
attainment area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Summary of Criteria Pollutant Attainment Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
SO2 (2010)........................ Muskingum River...... 5/24/2023 9/8/2023, [Insert ..............
Federal Register
Citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1873 is amended by removing and reserving paragraph (b).
[FR Doc. 2023-19201 Filed 9-7-23; 8:45 am]
BILLING CODE 6560-50-P
