Rule2024-23141
Air Plan Approval; Ohio; Greif Packaging LLC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 7, 2024
Effective
November 6, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving under the Clean Air Act (CAA), a State Implementation Plan (SIP) revision to the sulfur dioxide (SO<INF>2</INF>) regulations under chapter 3745-18 of the Ohio Administrative Code (OAC). Ohio submitted the request to EPA on June 8, 2023. The revision removes SO<INF>2</INF> emissions limitations for fuel burning equipment at the Greif Packaging, LLC facility located at 9420 Warmington Rd. SW in Massillon, Ohio (Greif facility). The units that were subject to these limits have been permanently shut down. EPA proposed to approve this action on July 17, 2024, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 89 Issue 194 (Monday, October 7, 2024)</title>
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[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Rules and Regulations]
[Pages 81008-81010]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23141]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0318; FRL-11926-02-R5]
Air Plan Approval; Ohio; Greif Packaging LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving under
the Clean Air Act (CAA), a State Implementation Plan (SIP) revision to
the sulfur dioxide (SO<INF>2</INF>) regulations under chapter 3745-18
of the Ohio Administrative Code (OAC). Ohio submitted the request to
EPA on June 8, 2023. The revision removes SO<INF>2</INF> emissions
limitations for fuel burning equipment at the Greif Packaging, LLC
facility located at 9420 Warmington Rd. SW in Massillon, Ohio (Greif
facility). The units that were subject to these limits have been
permanently shut down. EPA proposed to approve this action on July 17,
2024, and received no adverse comments.
DATES: This final rule is effective on November 6, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2023-0318. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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. We recommend that
you telephone Tyler Salamasick, at (312) 886-6206 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Tyler Salamasick, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6206,
<a href="/cdn-cgi/l/email-protection#ef9c8e838e828e9c868c84c19b96838a9daf8a9f8ec1888099"><span class="__cf_email__" data-cfemail="6013010c010d011309030b4e14190c0512200510014e070f16">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On July 17, 2024 (89 FR 58099), EPA proposed to approve Ohio's
removal of the emission limits for the Greif facility contained in
Ohio's SIP under OAC rule 3745-18-82(F). An 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 and will not be restated here. The public comment period for
this proposed rule ended on August 18, 2024. EPA received no comments
on the proposal. Therefore, we are finalizing our action as proposed.
[[Page 81009]]
II. Final Action
EPA is approving the removal of the emission limits for the Greif
facility contained in OAC rule 3745-18-82(F) from Ohio's SIP.
Specifically, EPA is approving into the SIP OAC 3745-18-82(F),
effective April 16, 2023, which does not contain the emission limits
for the Greif facility.
III. 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
Regulation 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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\
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\1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines 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.''
The State of Ohio did not evaluate EJ 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 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.
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 EJ for communities with EJ concerns.
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 December 6, 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, Sulfur oxides.
Dated: October 2, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 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 (c) is amended by revising
the entry for ``3745-18-82'' to read as follows:
Sec. 52.1870 Identification of plan.
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(c) * * *
[[Page 81010]]
EPA-Approved Ohio Regulations
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Ohio
Ohio citation Title/subject effective EPA approval date Notes
date
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3745-18-82....................... Stark County 4/16/2023 10/7/2024, [INSERT ......................
Emission Limits. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
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[FR Doc. 2024-23141 Filed 10-4-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 7, 2024.
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