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Rule2023-04965

Air Quality Redesignation for the 2008 Lead National Ambient Air Quality Standards; Canton, Ohio; Stark County, Ohio

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Published

March 10, 2023

Effective

April 10, 2023

Issuing agencies

Environmental Protection Agency

Abstract

This final rule redesignates a portion of Canton, Ohio in northeastern Stark County from "unclassifiable/ 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.

Full Text

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<title>Federal Register, Volume 88 Issue 47 (Friday, March 10, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04965]

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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.

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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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#315d545845591f505f55435446715441501f565e47"><span class="__cf_email__" data-cfemail="ff939a968b97d19e919b8d9a88bf9a8f9ed1989089">[email&#160;protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#761a1f0358171a1f05173613061758111900"><span class="__cf_email__" data-cfemail="abc7c2de85cac7c2d8caebcedbca85ccc4dd">[email&#160;protected]</span></a> 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 <a href="https://www.epa.gov/lead-designations">https://www.epa.gov/lead-designations</a>. 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\
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\1\ 75 FR 71033 (November 22, 2010); 76 FR 72097 (November 22,
2011).
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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\
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\2\ 87 FR 26147 (May 3, 2022).
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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\
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\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 <a href="http://www.epa.gov/airquality/lead/health.html">http://www.epa.gov/airquality/lead/health.html</a>.
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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.
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\5\ 43 FR 46246 (October 5, 1978).
\6\ 73 FR 66964 (November 12, 2008).
\7\ 40 CFR 50.16.
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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.
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\8\ AQS is the EPA's repository of ambient air quality data.
\9\ 40 CFR 58.16.
\10\ 40 CFR 58.15.
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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\
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\11\ See 40 CFR part 50, appendix R, sections (1)c, 4(c), and
5(b).
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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.
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\12\ Ohio facility-level Pb emissions data from the 2017 NEI may
be accessed on the EPA NEI website at <a href="https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data">https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data</a>.

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[[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\
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\13\ Canton City Board of Health, Air Pollution Control
Division. <a href="https://www.cantonhealth.org/apc/">https://www.cantonhealth.org/apc/</a>.
\14\ Ohio EPA Air Pollution Permit-to-Install (PTI), Permit
Number: P0121793, Facility ID: 1576050694, Republic Steel. <a href="http://wwwapp.epa.ohio.gov/dapc/permits_issued/1499790.pdf">http://wwwapp.epa.ohio.gov/dapc/permits_issued/1499790.pdf</a>.
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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\
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\15\ 2021-2022 Ohio EPA Air Monitoring Network Plan. <a href="https://epa.ohio.gov/static/Portals27/ams/sites/2021-022_AMNP_Main_Report_Final.pdf">https://epa.ohio.gov/static/Portals27/ams/sites/2021-022_AMNP_Main_Report_Final.pdf</a>.
\16\ Ohio EPA, Air Pollution Control, Reports & Data, Special
Sampling Projects. <a href="https://epa.ohio.gov/wps/portal/gov/epa/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects">https://epa.ohio.gov/wps/portal/gov/epa/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects</a>.
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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\
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\17\ Ohio EPA Special Sampling Projects, Republic Steel, Canton,
Stark County. <a href="https://epa.ohio.gov/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects">https://epa.ohio.gov/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects</a>.
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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 <a href="https://www.epa.gov/lead-designations">https://www.epa.gov/lead-designations</a>.

Table 1--Ambient Air Quality Monitoring Data and Pb Design Values From Ohio EPA's Republic Steel Ambient Air Monitoring Site \18\
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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
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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..........................
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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\.
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\18\ Information on the ambient air quality monitors and data
used to calculate the Pb rolling averages and design values is
publicly available at <a href="https://www.epa.gov/aqs">https://www.epa.gov/aqs</a>.
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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\
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\19\ 73 FR 67033 (November 12, 2008).
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(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:
<bullet> Qualitative analysis;
<bullet> Spatial interpolation of air quality monitoring data; or
<bullet> Air quality simulation by dispersion modeling.\20\
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\20\ 73 FR 67033 (November 12, 2008).
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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 <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.

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. (<a href="http://www.epa.gov/airquality/lead/fr/20081112.pdf">http://www.epa.gov/airquality/lead/fr/20081112.pdf</a>)

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

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