Air Plan Approval; Ohio; Canton, Cleveland, and Steubenville Second 10-Year 2006 24-Hour PM2.5 Limited Maintenance Plans, 3889-3891 [2024-00976]
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Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations
EPA-APPROVED FLORIDA LAWS AND REGULATIONS—Continued
Title/subject
62–296.711 .........
Materials Handling, Sizing, Screening,
Crushing and Grinding Operations.
Miscellaneous Manufacturing Process Operations.
62–296.712 .........
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2021–0615; EPA–R05–
OAR–2021–0616; EPA–R05–OAR–2021–
0617; FRL–11003–02–R5]
Air Plan Approval; Ohio; Canton,
Cleveland, and Steubenville Second
10-Year 2006 24-Hour PM2.5 Limited
Maintenance Plans
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is approving the limited
maintenance plans (LMPs) submitted by
the Ohio Environmental Protection
Agency (OEPA) for the CantonMassillon (Stark County), ClevelandAkron-Lorain (Cuyahoga, Lake, Lorain,
Medina, Portage, and Summit Counties)
and Steubenville-Weirton Ohio-West
Virginia (Jefferson County) maintenance
areas. The plans address the second 10year maintenance periods for particulate
matter with an aerodynamic diameter
less than or equal to a nominal 2.5
micrometers (PM2.5). EPA is approving
Ohio’s LMP submissions for CantonMassillon, Cleveland-Akron-Lorain, and
Steubenville-Weirton because they
provide for the maintenance of the 2006
PM2.5 national ambient air quality
standards (NAAQS) through the end of
the second 10-year portion of the
maintenance periods. EPA finds
adequate and is approving the LMPs as
meeting the appropriate transportation
conformity requirements. EPA proposed
to approve this action on July 5, 2023,
and received no adverse comments.
DATES: This final rule is effective on
February 21, 2024.
ADDRESSES: EPA has established dockets
for this action under Docket ID No.
EPA–R05–OAR–2021–0615 (CantonSUMMARY:
VerDate Sep<11>2014
16:22 Jan 19, 2024
7/10/2014
7/10/2014
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[FR Doc. 2024–01030 Filed 1–19–24; 8:45 am]
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State
effective
date
State citation
(section)
Jkt 262001
EPA approval date
1/22/2024, [Insert citation
of publication].
1/22/2024, [Insert citation
of publication].
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Massillon), EPA–R05–OAR–2021–0616
(Cleveland-Akron-Lorain), or EPA–R05–
OAR–2021–0617 (SteubenvilleWeirton). All documents in the dockets
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Cecilia
Magos, at (312) 886–7336 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Cecilia Magos, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7336, magos.cecilia@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On November 13, 2009, EPA
designated the Canton-Massillon
(Canton), Cleveland-Akron-Lorain
(Cleveland), and Steubenville-Weirton
(Steubenville) areas as PM2.5
nonattainment areas due to measured
violations of the 2006 PM2.5 NAAQS (74
FR 58688). On June 18, May 30, and
May 25, 2012, OEPA submitted requests
to redesignate the Canton, Cleveland,
and Steubenville nonattainment areas to
attainment of the 2006 PM2.5 NAAQS.
These submissions included plans to
provide for maintenance of the 2006
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Explanation
Sfmt 4700
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2PM2.5 NAAQS in the areas for 10 years.
EPA redesignated the Canton,
Cleveland, and Steubenville areas to
attainment for the 2006 PM2.5 NAAQS
on October 22, 2013 (78 FR 62459), and
September 18, 2013 (78 FR 57270 and
78 FR 57273), respectively, and
approved the associated maintenance
plans into the Ohio State
Implementation Plan (SIP). The purpose
of OEPA’S September 8, 2021, LMP
submissions is to fulfill the second 10year planning requirement of CAA
section 175A(b) to ensure PM2.5 NAAQS
compliance for these areas.
On July 5, 2023 (88 FR 42900), EPA
proposed to approve the second 10-year
PM2.5 LMPs, for the Canton, Cleveland,
and Steubenville maintenance areas
addressing the 2006 PM2.5 maintenance
areas. EPA’s approval of these LMPs
will satisfy the CAA section 175A
requirements for the second 10-year
period for the Canton, Cleveland, and
Steubenville 2006 PM2.5 maintenance
areas through 2033. Further explanation
of the CAA requirements, a detailed
analysis of the revisions, and EPA’s
reasons for proposing approval were
provided in the notice of proposed
rulemaking (88 FR 42900) and will not
be restated here. The public comment
period for this proposed rule ended on
August 4, 2023. EPA received no
comments on the proposal and is
finalizing our action as proposed.
II. Final Action
EPA is approving the second 10-year
PM2.5 LMPs for Canton, Cleveland, and
Steubenville 2006 PM2.5 maintenance
areas submitted by OEPA. EPA’s review
of the air quality data for the
maintenance areas indicates that they
continue to show attainment well below
the level of the 2006 PM2.5 NAAQS and
meet all the LMP qualifying criteria set
forth in the PM2.5 LMP Guidance. The
Canton, Cleveland, and Steubenville
maintenance areas will no longer be
required to perform regional emissions
analyses as part of the conformity
process, but must meet project-level
conformity analyses requirements as
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Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations
well as other transportation conformity
criteria.
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III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993), and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
VerDate Sep<11>2014
16:22 Jan 19, 2024
Jkt 262001
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
OEPA did not evaluate environmental
justice considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA performed an environmental
justice analysis, as is described in the
section titled ‘‘Environmental Justice
Considerations’’ in the notice of
proposed rulemaking. See 88 FR 42906.
The analysis was done for the purpose
of providing additional context and
information about this rulemaking to the
public, not as a basis of the action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area. In addition,
there is no information in the record
upon which this decision is based
inconsistent with the stated goal of E.O.
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12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 22, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: January 12, 2024.
Debra Shore,
Regional Administrator, Region 5.
Title 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1870, the table in paragraph
(e) is amended under ‘‘Summary of
Criteria Pollutant Maintenance Plan’’ by
revising the three entries titled ‘‘PM2.5
(2006)’’ to read as follows:
■
§ 52.1870
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Identification of plan.
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(e) * * *
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Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographical or
non-attainment area
Title
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State date
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EPA approval
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Comments
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Summary of Criteria Pollutant Maintenance Plan
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PM2.5 (2006) ......
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Canton (Stark County) ..........................
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9/8/2021
PM2.5 (2006) ......
Cleveland (Cuyahoga, Lake, Lorain,
Medina, Portage, and Summit Counties).
Steubenville-Weirton (Jefferson County)
9/8/2021
PM2.5 (2006) ......
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[FR Doc. 2024–00976 Filed 1–19–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0336; FRL–9525–02–
OCSPP]
Methoxyfenozide; Pesticide
Tolerances; Correction
Environmental Protection
Agency (EPA).
ACTION: Correcting amendment.
AGENCY:
EPA issued a final rule in the
Federal Register of October 11, 2022,
establishing tolerances for residues of
methoxyfenozide in or on multiple
commodities requested by the
Interregional Research Project Number 4
(IR–4) under the Federal Food, Drug,
and Cosmetic Act (FFDCA). That
document inadvertently omitted an
instruction to add a tolerance for the
commodity ‘‘bean, mung, dry seed’’.
This document corrects the final
regulation.
Effective on January 22, 2024.
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0336, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
DATES:
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ADDRESSES:
16:22 Jan 19, 2024
Jkt 262001
1/22/2024, [INSERT FEDERAL REGISTER CITATION].
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Docket is (202) 566–1744. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
SUMMARY:
VerDate Sep<11>2014
9/8/2021
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1/22/2024, [INSERT FEDERAL REGISTER CITATION].
1/22/2024, [INSERT FEDERAL REGISTER CITATION].
The Agency included in the October
11, 2022, final rule a list of those who
may be potentially affected by this
action.
II. What does this correction do?
EPA issued a final rule in the Federal
Register of October 11, 2022 (87 FR
61259) (FRL–9525–01–OCSPP), that
established tolerances for residues of
methoxyfenozide in or on multiple
commodities and removed tolerances
for certain other commodities in
response to a petition filed by IR–4. EPA
inadvertently omitted an instruction
directing the Federal Register to add an
entry to the table in paragraph (a)(1) of
40 CFR 180.544 for the commodity
‘‘bean, mung, dry seed’’. This document
corrects that omission and adds the
commodity ‘‘bean, mung, dry seed’’ to
the table in paragraph (a)(1) of 40 CFR
180.544.
III. Why is this correction issued as a
final rule?
Section 553 of the Administrative
Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
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2nd maintenance plan.
2nd maintenance plan.
2nd maintenance plan.
*
interest, the agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this correction final without
prior proposal and opportunity for
comment, because EPA inadvertently
omitted an instruction to the Federal
Register to add a tolerance for the
commodity ‘‘bean, mung, dry seed’’.
EPA finds that this constitutes good
cause under 5 U.S.C. 553(b)(3)(B).
IV. Do any of the statutory and
Executive order review apply to this
action?
No. For a detailed discussion
concerning the statutory and Executive
order review refer to Unit VI. of the
October 11, 2022, final rule.
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: January 16, 2024.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, for the reasons stated in the
preamble, 40 CFR part 180 is corrected
by making the following correcting
amendment:
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[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Rules and Regulations]
[Pages 3889-3891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00976]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0615; EPA-R05-OAR-2021-0616; EPA-R05-OAR-2021-0617;
FRL-11003-02-R5]
Air Plan Approval; Ohio; Canton, Cleveland, and Steubenville
Second 10-Year 2006 24-Hour PM2.5 Limited Maintenance Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection
Agency (EPA) is approving the limited maintenance plans (LMPs)
submitted by the Ohio Environmental Protection Agency (OEPA) for the
Canton-Massillon (Stark County), Cleveland-Akron-Lorain (Cuyahoga,
Lake, Lorain, Medina, Portage, and Summit Counties) and Steubenville-
Weirton Ohio-West Virginia (Jefferson County) maintenance areas. The
plans address the second 10-year maintenance periods for particulate
matter with an aerodynamic diameter less than or equal to a nominal 2.5
micrometers (PM2.5). EPA is approving Ohio's LMP submissions
for Canton-Massillon, Cleveland-Akron-Lorain, and Steubenville-Weirton
because they provide for the maintenance of the 2006 PM2.5
national ambient air quality standards (NAAQS) through the end of the
second 10-year portion of the maintenance periods. EPA finds adequate
and is approving the LMPs as meeting the appropriate transportation
conformity requirements. EPA proposed to approve this action on July 5,
2023, and received no adverse comments.
DATES: This final rule is effective on February 21, 2024.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-R05-OAR-2021-0615 (Canton-Massillon), EPA-R05-OAR-2021-0616
(Cleveland-Akron-Lorain), or EPA-R05-OAR-2021-0617 (Steubenville-
Weirton). All documents in the dockets are listed on the
www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Cecilia
Magos, at (312) 886-7336 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Cecilia Magos, Attainment Planning and
Maintenance Section, Air Programs Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-7336, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On November 13, 2009, EPA designated the Canton-Massillon (Canton),
Cleveland-Akron-Lorain (Cleveland), and Steubenville-Weirton
(Steubenville) areas as PM2.5 nonattainment areas due to
measured violations of the 2006 PM2.5 NAAQS (74 FR 58688).
On June 18, May 30, and May 25, 2012, OEPA submitted requests to
redesignate the Canton, Cleveland, and Steubenville nonattainment areas
to attainment of the 2006 PM2.5 NAAQS. These submissions
included plans to provide for maintenance of the 2006 2PM2.5
NAAQS in the areas for 10 years. EPA redesignated the Canton,
Cleveland, and Steubenville areas to attainment for the 2006
PM2.5 NAAQS on October 22, 2013 (78 FR 62459), and September
18, 2013 (78 FR 57270 and 78 FR 57273), respectively, and approved the
associated maintenance plans into the Ohio State Implementation Plan
(SIP). The purpose of OEPA'S September 8, 2021, LMP submissions is to
fulfill the second 10-year planning requirement of CAA section 175A(b)
to ensure PM2.5 NAAQS compliance for these areas.
On July 5, 2023 (88 FR 42900), EPA proposed to approve the second
10-year PM2.5 LMPs, for the Canton, Cleveland, and
Steubenville maintenance areas addressing the 2006 PM2.5
maintenance areas. EPA's approval of these LMPs will satisfy the CAA
section 175A requirements for the second 10-year period for the Canton,
Cleveland, and Steubenville 2006 PM2.5 maintenance areas
through 2033. Further explanation of the CAA requirements, a detailed
analysis of the revisions, and EPA's reasons for proposing approval
were provided in the notice of proposed rulemaking (88 FR 42900) and
will not be restated here. The public comment period for this proposed
rule ended on August 4, 2023. EPA received no comments on the proposal
and is finalizing our action as proposed.
II. Final Action
EPA is approving the second 10-year PM2.5 LMPs for
Canton, Cleveland, and Steubenville 2006 PM2.5 maintenance
areas submitted by OEPA. EPA's review of the air quality data for the
maintenance areas indicates that they continue to show attainment well
below the level of the 2006 PM2.5 NAAQS and meet all the LMP
qualifying criteria set forth in the PM2.5 LMP Guidance. The
Canton, Cleveland, and Steubenville maintenance areas will no longer be
required to perform regional emissions analyses as part of the
conformity process, but must meet project-level conformity analyses
requirements as
[[Page 3890]]
well as other transportation conformity criteria.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
OEPA did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA performed an
environmental justice analysis, as is described in the section titled
``Environmental Justice Considerations'' in the notice of proposed
rulemaking. See 88 FR 42906. The analysis was done for the purpose of
providing additional context and information about this rulemaking to
the public, not as a basis of the action. Due to the nature of the
action being taken here, this action is expected to have a neutral to
positive impact on the air quality of the affected area. In addition,
there is no information in the record upon which this decision is based
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 22, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: January 12, 2024.
Debra Shore,
Regional Administrator, Region 5.
Title 40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870, the table in paragraph (e) is amended under
``Summary of Criteria Pollutant Maintenance Plan'' by revising the
three entries titled ``PM2.5 (2006)'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
[[Page 3891]]
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Title geographical or non- State date EPA approval Comments
attainment area
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* * * * * * *
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Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
PM2.5 (2006)............... Canton (Stark County) 9/8/2021 1/22/2024, [INSERT 2nd maintenance plan.
FEDERAL REGISTER
CITATION].
PM2.5 (2006)............... Cleveland (Cuyahoga, 9/8/2021 1/22/2024, [INSERT 2nd maintenance plan.
Lake, Lorain, FEDERAL REGISTER
Medina, Portage, and CITATION].
Summit Counties).
PM2.5 (2006)............... Steubenville-Weirton 9/8/2021 1/22/2024, [INSERT 2nd maintenance plan.
(Jefferson County). FEDERAL REGISTER
CITATION].
* * * * * * *
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[FR Doc. 2024-00976 Filed 1-19-24; 8:45 am]
BILLING CODE 6560-50-P
