Proposed Rule2026-06937
Air Plan Approval and Air Quality Designation; Ohio; Attainment Plan and Redesignation of the Canton Area to Attainment of the 2008 Lead Standard
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
April 10, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve the State of Ohio's attainment plan for the Canton Nonattainment Area for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). Additionally, the EPA is proposing to determine that the Canton Nonattainment Area has attained the 2008 Pb NAAQS and to approve Ohio's maintenance plan for continued attainment. With these approvals, the EPA is also proposing to approve Ohio's comprehensive Pb emissions inventory and to act in accordance with Ohio Environmental Protection Agency's (Ohio EPA) request to redesignate the Canton Nonattainment Area from nonattainment to attainment of the 2008 Pb NAAQS. The EPA is taking these actions in accordance with the Clean Air Act (CAA) and the EPA's implementation regulations regarding the 2008 Pb NAAQS.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 69 (Friday, April 10, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 69 (Friday, April 10, 2026)]
[Proposed Rules]
[Pages 18372-18383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06937]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2024-0461; EPA-R05-OAR-2025-0222; FRL-13226-01-R5]
Air Plan Approval and Air Quality Designation; Ohio; Attainment
Plan and Redesignation of the Canton Area to Attainment of the 2008
Lead Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State of Ohio's attainment plan for the Canton
Nonattainment Area for the 2008 Lead (Pb) National Ambient Air Quality
Standards (NAAQS). Additionally, the EPA is proposing to determine that
the Canton Nonattainment Area has attained the 2008 Pb NAAQS and to
approve Ohio's maintenance plan for continued attainment. With these
approvals, the EPA is also proposing to approve Ohio's comprehensive Pb
emissions inventory and to act in accordance with Ohio Environmental
Protection Agency's (Ohio EPA) request to redesignate the Canton
Nonattainment Area from nonattainment to attainment of the 2008 Pb
NAAQS. The EPA is taking these actions in accordance with the Clean Air
Act (CAA) and the EPA's implementation regulations regarding the 2008
Pb NAAQS.
DATES: Comments must be received on or before May 11, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
[[Page 18373]]
OAR-2024-0461 (attainment demonstration) and EPA-R05-OAR-2025-0222
(redesignation and maintenance plan) at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or
via email to <a href="/cdn-cgi/l/email-protection#4529242b2228242b6b282c262d242029052035246b222a33"><span class="__cf_email__" data-cfemail="4f232e2128222e216122262c272e2a230f2a3f2e61282039">[email protected]</span></a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from the
docket. The EPA may publish any comment received to its public docket.
Do not submit to the EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any
information you consider to be Confidential Business Information (CBI),
Proprietary Business Information (PBI), or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI, PBI, or multimedia submissions,
and general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Alisa Liu, Air and Radiation Division
(AR18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, telephone number: (312) 353-3193,
email address: <a href="/cdn-cgi/l/email-protection#422e2b376c232e2b3123022732236c252d34"><span class="__cf_email__" data-cfemail="aec2c7db80cfc2c7ddcfeecbdecf80c9c1d8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' ``our,'' or ``Agency'' is used, we mean the EPA.
I. Background
A. Summary of Events and Proposed Actions
The EPA redesignated the Canton-Stark County, Ohio area from an
unclassifiable/attainment area to a nonattainment area for the 2008 Pb
NAAQS pursuant to CAA section 107(d)(3), effective April 10, 2023. The
redesignation was based on ambient air quality monitoring that resulted
in a 2019-2021 design value of 0.40 micrograms per cubic meter ([mu]g/
m\3\), exceeding the 2008 Pb NAAQS of 0.15 [mu]g/m\3\. The ambient air
quality data was provided by a source-oriented monitor near a plant
owned and operated by Republic Steel in Canton, Ohio (Republic Steel--
Canton Plant), which manufactured leaded steel and other steel products
at the time.\1\
---------------------------------------------------------------------------
\1\ 88 FR 14920, March 10, 2023.
---------------------------------------------------------------------------
The redesignation of the Canton, Ohio area from unclassifiable/
attainment to nonattainment for the 2008 Pb NAAQS imposed certain
planning requirements on the State of Ohio to reduce Pb concentrations
within this area. 88 FR 14920, March 10, 2023. These included the
requirement under CAA sections 191(a) and 192(a) to submit, within 18
months of the redesignation to nonattainment, a revision to the Ohio
State Implementation Plan (SIP) which demonstrates attainment of the
2008 Pb NAAQS as expeditiously as practicable, but no later than 5
years after April 10, 2023, the effective date of redesignation to
nonattainment.\2\
---------------------------------------------------------------------------
\2\ See also CAA section 172(a)(2) and 73 FR 66964; 67038,
November 12, 2008.
---------------------------------------------------------------------------
On August 10, 2023, the parent company of Republic Steel, Grupo
Simec, publicly announced the Republic Steel--Canton Plant would be
idled indefinitely.
On September 10, 2023, Grupo Simec announced the Republic Steel--
Canton Plant would permanently close, and all associated air permits
were terminated effective July 26, 2024.
On September 19, 2024, Ohio EPA submitted a revision to its SIP for
the 2008 Pb NAAQS in the Canton Nonattainment Area, which was comprised
of an attainment plan with ambient air monitoring data, emissions
inventory, attainment demonstration, and contingency measures. (Ohio's
2024 Canton Pb SIP Revision)
By the end of 2024, ambient air monitoring demonstrated that
airborne Pb levels had declined to 0.00 [mu]g/m\3\ and that the three-
year design value for 2022-2024 for the Canton Nonattainment Area had
achieved 0.15 [mu]g/m\3\, thereby meeting the 2008 Pb NAAQS.
Then, on April 25, 2025, Ohio EPA provided the first 10-year
maintenance plan for keeping the Canton Nonattainment Area in
attainment of the 2008 Pb NAAQS as required under CAA section 175A and
submitted a request to the EPA to redesignate the Canton Nonattainment
Area from nonattainment to attainment. (Ohio's 2025 Canton Pb
Maintenance Plan and Redesignation Request)
In this rulemaking, the EPA is proposing to approve all of Ohio's
required SIP elements simultaneously in conjunction with proposing to
act in accordance with Ohio's request to redesignate the Canton
Nonattainment Area from nonattainment to attainment of the 2008 Pb
NAAQS. Specifically, the EPA is proposing the following separate, but
related, actions:
1. To approve Ohio's September 19, 2024, Canton Pb SIP Revision as
meeting the applicable requirements of CAA sections 110(a)(2)(D)(i)(I),
110(a)(2)(I), 110(a)(2)(K), 110(l), 172, 191, and 192(a) and 40 CFR 51
subparts F and G. (See section II.D. of this preamble.)
2. To determine that the Canton Nonattainment Area is attaining the
2008 Pb NAAQS. (See section III.A. of this preamble.)
3. To approve Ohio EPA's comprehensive Pb emissions inventory for
the Canton Nonattainment Area as meeting the applicable requirements of
CAA section 172(c)(3). (See section II.A.2.e. of this preamble.)
4. To approve Ohio's 2025 Canton Pb Maintenance Plan as meeting the
applicable requirements of CAA section 175A. (See section III.B. of
this preamble.)
5. To determine that Ohio's 2024 Canton Pb SIP Revision as well as
Ohio's 2025 Canton Pb Maintenance Plan and Redesignation Request have
met the applicable requirements for the EPA to redesignate the Canton
Nonattainment Area from nonattainment to attainment of the 2008 Pb
NAAQS under CAA section 107(d)(3)(E). (See section IV.C. of this
preamble.)
6. To act in accordance with Ohio's April 25, 2025 Canton Pb
Redesignation Request and to redesignate the Canton Nonattainment Area
from nonattainment to attainment of the 2008 Pb NAAQS in accordance
with CAA section 107(d)(3)(E)(i)-(v). (See section IV.C. of this
preamble.)
In proposing these separate actions, we note that the EPA has
previously determined that approval actions on SIP elements for a
nonattainment area and the associated redesignation may occur
simultaneously.<SUP>3 4</SUP> Information supporting each of these
actions is further summarized and discussed in the EPA's December 11,
2025, Technical Support Document (TSD) for this
[[Page 18374]]
proposed rulemaking, which is included in the docket.
---------------------------------------------------------------------------
\3\ See section 2 of ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' Memorandum from John Calcagni,
Director, EPA Air Quality Management Division, September 4, 1992,
(1992 Calcagni Redesignations Memo).
\4\ See 66 FR 53096, October 19, 2001 (Pittsburgh-Beaver Valley,
Pennsylvania); 65 FR 37879, June 19, 2000 (Cincinnati-Hamilton,
Ohio); 61 FR 20458, May 7, 1996 (Cleveland-Akron-Lorain, Ohio); 60
FR 37366, July 20, 1995 and 61 FR 31832-31833, June 21, 1996 (Grand
Rapids, MI); 68 FR 25413, May 12, 2003 and 68 FR 25418, May 12, 2003
(St. Louis, MO).
---------------------------------------------------------------------------
B. Concerns About Pb
Lead (Pb) is a metal found naturally in the environment, as well as
in some manufactured products. Industrial sources of Pb emissions
include industrial, commercial, and institutional boilers as well as
utility boilers, iron and steel foundries, and primary Pb
smelters.<SUP>5 6 7</SUP> The major sources of Pb for air emissions
have historically been from fuels used in industrial sources and on-
road motor vehicles, such as cars and trucks. As a result of the EPA's
regulatory efforts to remove Pb from on-road motor vehicle gasoline,
emissions of Pb from the transportation sector declined by 95 percent
between 1980 and 1999, and levels of Pb in the air generally decreased
by 98 percent between 1980 and 2014.\8\ More recently, the predominant
sources of Pb emissions in the ambient air are from ore and metals
processing as well as piston-engine aircraft operating on leaded
aviation fuel.\9\
---------------------------------------------------------------------------
\5\ 73 FR 29184; 29190, May 20. 2008.
\6\ 75 FR 71033; 71035, November 22, 2010.
\7\ EPA, Office of Air Quality Planning and Standards,
``Locating and Estimating Air Emissions from Sources of Lead and
Lead Compounds,'' May 1998, EPA454/R-98-006.
\8\ Copies of web pages with the cited information are included
in the docket for this rulemaking.
\9\ 75 FR 71033; 71035, November 22, 2010.
---------------------------------------------------------------------------
Pb is generally emitted in the form of particles, which can end up
being deposited in water, soil, and dust. This deposited Pb, when
disturbed, may be re-entrained into the ambient air. People may be
exposed to Pb by inhaling it or by ingesting Pb-contaminated food,
water, soil, or dust. Pb may have serious public health effects and,
depending on the level of exposure, can adversely affect the nervous
system, kidney function, immune system, cardiovascular system, as well
as reproductive and developmental systems. Infants and young children
are especially sensitive to even low levels of Pb, which may contribute
to behavioral problems, learning deficits, and lowered intelligence
quotient.<SUP>10 11</SUP>
---------------------------------------------------------------------------
\10\ 73 FR 29184; 29270, May 20, 2008, and 75 FR 71033; 17035,
November 22, 2010. For more information regarding the health effects
of Pb exposure, see 73 FR 66964, November 12, 2008, and <a href="https://www.epa.gov/lead/learn-about-lead">https://www.epa.gov/lead/learn-about-lead</a>.
\11\ 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.
---------------------------------------------------------------------------
C. 2008 Pb NAAQS
On November 12, 2008 (73 FR 66964), the EPA established the 2008
primary and secondary Pb NAAQS at 0.15 [mu]g/m\3\ based on a maximum
arithmetic three-month mean concentration for a three-year period. 40
CFR 50.16. The EPA refers to this maximum rolling three-month average
over a three-year period as the ``design value,'' and the design value
is to be rounded to two significant figures using conventional rounding
methodology. A violation of the 2008 Pb NAAQS occurs if any arithmetic
three-month mean concentration is greater than 0.15 [mu]g/m \3\. See 72
FR 71488; 71541, December 17. 2007. See also 40 CFR 50.16.
D. Area Designations for the 2008 Pb NAAQS in the Canton, Ohio Area
After setting or revising any 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, based on air quality monitoring data for 2007-2009, and on
November 8, 2011, based on monitoring data for 2008-2010.\12\
---------------------------------------------------------------------------
\12\ 75 FR 71033, November 22, 2010; 76 FR 72097, November 22,
2011.
---------------------------------------------------------------------------
In the November 8, 2011 action, the EPA originally designated Stark
County, Ohio, including the Canton area, along with the remaining areas
of Ohio, as unclassifiable/attainment based on monitoring data for
2008-2010.\13\
---------------------------------------------------------------------------
\13\ 76 FR 72097, November 22, 2011.
---------------------------------------------------------------------------
Effective April 10, 2023, the EPA redesignated a defined area
within Canton, Stark County, Ohio as nonattainment for the 2008 Pb
NAAQS pursuant to CAA section 107(d)(3).\14\ The redesignation was
based on ambient air quality monitoring from the Republic Steel
monitoring site (Air Quality System (AQS) ID 39-151-0024) that resulted
in a Pb 2019-2021 design value of 0.40 [mu]g/m\3\, exceeding the 2008
Pb NAAQS of 0.15 [mu]g/m\3\.
---------------------------------------------------------------------------
\14\ 87 FR 26147, May 3, 2022, and 88 FR 14920, March 10, 2023.
---------------------------------------------------------------------------
The Canton Nonattainment Area for the 2008 Pb NAAQS surrounds the
Republic Steel--Canton Plant located at 2633 Eighth Street NE in
Canton, Ohio. The boundaries of the Canton Nonattainment Area for the
2008 Pb NAAQS 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). The jurisdictional boundaries in
Ohio comprise a portion of the city of Canton, a portion of the city of
Louisville, a portion of Canton Township, a portion of Osnaburg
Township, a portion of Nimishillen Township, and a portion of Plain
Township.
E. Actions Taken That Addressed Pb Emissions and Pb Air Quality in the
Canton Nonattainment Area
Both before and after the Canton area was designated as
nonattainment for the 2008 Pb NAAQS, Ohio EPA, Canton APC,\15\ Republic
Steel, Stark County Court of Common Pleas, United States District Court
for the Northern District of Ohio, and the EPA took various actions
that addressed Pb emissions from the Republic Steel--Canton Plant and
the ambient air quality in the Canton area.
---------------------------------------------------------------------------
\15\ Canton City Public Health Department, Air Pollution Control
Division (Canton APC) is Ohio EPA's contracted local air agency in
Stark County, Ohio. See Ohio's 2024 Canton Pb SIP Revision,
Appendices D and N.
---------------------------------------------------------------------------
In the first of these actions, Ohio EPA issued permit modifications
on December 2, 2016, and October 18, 2017, to set federally enforceable
restrictions on Pb emissions, and required Republic Steel to submit a
written proposal of actions if Pb monitoring reached 0.11 [mu]g/m\3\ or
greater as a three-month average. Ohio EPA also issued Director's Final
Findings and Orders to Republic Steel on June 29, 2018, April 30, 2019,
May 14, 2019, and February 26, 2021, as well as a letter on June 11,
2021, which included various requirements including suspending leaded
steel production, submitting an investigative report on elevated Pb
concentrations, providing an action plan to reduce Pb emissions,
evaluating options to control fugitive Pb emissions, and taking
specific actions based on certain daily monitored Pb levels.\16\ In
April 2022, Ohio EPA and Canton APC installed a second monitoring site
across the street from the Republic Steel--Canton Plant known as the
Republic Community monitoring site (AQS ID 39-151-0025).
---------------------------------------------------------------------------
\16\ The Director's Final Findings and Orders for Republic Steel
dated June 29, 2018, April 30, 2019, May 14, 2019, February 26,
2021, and June 11, 2021 are available in the docket for this
rulemaking.
---------------------------------------------------------------------------
On November 3, 2021, the EPA issued a notice of violation to the
Republic Steel--Canton Plant for violating the terms of the facility's
air permit regarding the FlexCast Vacuum Tank Degasser by exceeding the
permitted emissions limit for Pb during Pb degassing, failing to
perform an emissions test for Pb, and failing to
[[Page 18375]]
perform parametric monitoring and recordkeeping.\17\ On March 10, 2023,
the EPA then redesignated the area in Canton surrounding the Republic
Steel--Canton Plant property from unclassifiable/attainment to
nonattainment for the 2008 Pb NAAQS.\18\
---------------------------------------------------------------------------
\17\ EPA's November 4, 2021, Press Release is included in the
docket for this rulemaking.
\18\ 88 FR 14920, March 10, 2023.
---------------------------------------------------------------------------
On August 10, 2023, the parent company of Republic Steel, Grupo
Simec, publicly announced the Republic Steel--Canton Plant would be
idled indefinitely. On September 10, 2023, Grupo Simec announced the
Republic Steel--Canton Plant would permanently close. The permanent and
enforceable closure of the Canton Plant was subsequently required by a
Final Consent Order and Final Judgment Entry that was filed in the
Stark County Court of Common Pleas on December 12, 2023.\19\ In this
Final Consent Order, Republic Steel agreed to an enforceable, permanent
cessation of operations and to submit to Ohio EPA a request for the
permanent shutdown and termination of all air permits associated with
the facility within 30 days.
---------------------------------------------------------------------------
\19\ The December 12, 2023, Final Consent Order and Final
Judgment Entry is included in appendix D of Ohio's 2024 Canton Pb
SIP Revision.
---------------------------------------------------------------------------
In a letter dated January 11, 2024, Republic Steel requested the
permanent shutdown of all emission units requiring air permits and the
termination of the associated air permits at the Republic Steel--Canton
Plant, except for those associated with the temporary use of certain
emission units in connection with the facility shut down activities.
Ohio EPA and Canton APC approved this request on January 22, 2024. On
July 26, 2024, Republic Steel requested the permanent shutdown of all
remaining emission units requiring air permits and the termination of
the associated air permits at the Republic Steel--Canton Plant. Ohio
EPA and Canton APC also approved this request and terminated the
remaining associated air permits effective July 26, 2024.
On September 17, 2024, Ohio EPA issued Director's Final Findings
and Orders \20\ requiring Republic Steel or any subsequent owner or
operator of the Canton Plant to take certain actions to control
fugitive dust if the Republic Steel or Republic Community monitoring
sites recorded Pb daily average concentrations of 0.75 [mu]g/m\3\ or
greater or 1-month average concentrations of 0.10 [mu]g/m\3\ or
greater. These Orders also required Republic Steel or any subsequent
owner or operator to provide a plan to Ohio EPA for approval for
sitewide control of fugitive dust prior to undertaking any activities
related to demolition or deconstruction of any portion of the facility.
---------------------------------------------------------------------------
\20\ The September 17, 2024, Director's Final Findings and
Orders are included as appendix N to Ohio's 2024 Canton Pb SIP
Revision.
---------------------------------------------------------------------------
II. Requirements for Pb Nonattainment Areas and the EPA's Review of
Ohio's 2024 Canton Pb SIP Revision
A. CAA Requirements
All States must submit SIPs or SIP revisions to show they have the
basic air quality management program components in place to implement a
new or revised NAAQS, as specified in CAA section 110(a)(1). These
plans are called ``infrastructure SIPs.''
For areas designated nonattainment for a specific NAAQS, States
must also submit ``nonattainment plans'' that outline the strategies
and emissions control measures and demonstrate how the area will
improve in air quality as well as attain and maintain the
NAAQS.<SUP>21 22</SUP> Nonattainment plans must meet the applicable
requirements of the CAA, specifically CAA title I, section 110 and part
D. The EPA's regulations governing SIP submissions are set forth at 40
CFR part 51 with general procedural requirements under subpart F and
specific control strategy requirements under subpart G for attaining
and maintaining the NAAQS.
---------------------------------------------------------------------------
\21\ See CAA section 172(c).
\22\ Although CAA section 172(c) refers to ``nonattainment
plans,'' we refer to Ohio's 2024 Canton Pb SIP submission as
including an ``attainment plan.''
---------------------------------------------------------------------------
1. CAA Section 110 Requirements
CAA section 110 contains the general requirements for SIPs for
attaining and maintaining the national and primary and secondary NAAQS.
a. Infrastructure SIPs
Under CAA sections 110(a)(1) and (2), States are required to submit
``infrastructure SIPs'' to ensure that they have the basic air quality
management program components in place to provide for implementation,
maintenance, and enforcement of the NAAQS, including the 2008 Pb NAAQS.
In this regard, the EPA approved Ohio's infrastructure SIP for the 2008
Pb NAAQS on September 22, 2014, and on February 17,
2015.<SUP>23 24 25</SUP> For the 2008 Pb NAAQS, Ohio's infrastructure
SIP addressed CAA sections 110(a)(2)(A) through (H), and (J) through
(M) except the Prevention of Significant Deterioration (PSD) and New
Source Review (NSR) requirements in CAA sections 110(a)(2)(C),
(D)(i)(II), and (J), as well as the visibility protection portion of
(J). CAA sections 110(a)(2)(I) and (K), which specifically address the
nonattainment plan provisions, are addressed in sections II.B and II.D
of this preamble and in sections 4.1, 4.2, and 4.4 of the TSD.
---------------------------------------------------------------------------
\23\ Ohio's October 12, 2011, Infrastructure SIP submission is
publicly available under docket EPA-R05-OAR-2011-0888.
\24\ See Proposed Rule at 79 FR 43338 (July 25, 2014), and Final
Rules at 79 FR 60075 (October 6, 2014) and 80 FR 10591 (February 27,
2015).
\25\ EPA may rely on prior SIP approvals in approving a
redesignation request. See 1992 Calcagni SIP Actions Memo: ``Regions
should not reconsider those things that have already been approved
and for which the Clean Air Act Amendments did not alter what is
required.'' See also Southwestern Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998): ``In addition,
Congress explicitly codified the same principle in 42 U.S.C.
7410(n)(1).'' See also Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)).
---------------------------------------------------------------------------
b. Transport SIPs
As part of the broader set of the infrastructure requirements, CAA
section 110(a)(2)(D) requires SIPs to contain measures to prevent
sources of emissions within the State from significantly contributing
to air quality problems in another State or internationally as well as
from interfering with programs to prevent significant deterioration of
air quality or to protect visibility at mandatory Class I Federal areas
in any other State. The EPA has historically referred to these as
``transport SIPs.'' Within CAA section 110(a)(2)(D)(i), there are four
so-called ``prongs.'' CAA section 110(a)(2)(D)(i)(I) contains prongs 1
and 2, while CAA section 110(a)(2)(D)(i)(II) includes prongs 3 and 4.
With respect to prongs 1 and 2, analyses in Ohio's 2011
Infrastructure SIP and 2024 Canton Pb SIP Revision found no Pb sources
in Ohio that would interfere with attainment or maintenance of the 2008
Pb NAAQS in a neighboring State. As such, consistent with the EPA's
guidance \26\ and prior actions,\27\ the EPA proposes to find that
Ohio's September 19, 2024 and April 25, 2025, SIP Revisions meet the
[[Page 18376]]
requirements of CAA section 110(a)(2)(D)(i)(I).
---------------------------------------------------------------------------
\26\ See 2011 Guidance on Infrastructure SIPs for 2008 Pb NAAQS,
p. 7-8.
\27\ EPA's rationale and explanation for approving the
applicable interstate transport requirements under section
110(a)(2)(D)(i)(I) for the 2008 Pb NAAQS, consistent with EPA's
interpretation of the 2011 Guidance on Infrastructure SIPs for 2008
Pb NAAQS, can be found in, among other instances, the proposed
approval and a subsequent final approval of interstate transport
SIPs submitted by Illinois, Michigan, Minnesota, and Wisconsin. See
79 FR 27241 at 27249 (May 13, 2014) and 79 FR 41439 (July 16, 2014).
See also 83 FR 15336, April 10, 2018, Vermont Infrastructure SIP for
2010 SO<INF>2</INF> Proposed Rule.
---------------------------------------------------------------------------
With respect to prong 3 in addressing measures to prevent
significant deterioration of air quality, the EPA previously approved
Ohio's PSD permitting program \28\ and NSR program in nonattainment
areas \29\ for all new major sources and major modifications in Ohio to
help achieve the 2008 Pb NAAQS.\30\
---------------------------------------------------------------------------
\28\ 66 FR 51570, October 10, 2001, and 68 FR 2909, January 22,
2003.
\29\ 68 FR 1366, January 10, 2003.
\30\ See Ohio's 2024 Canton Pb SIP submission, p. 3-4.
---------------------------------------------------------------------------
With respect to prong 4 and CAA section 110(a)(2)(J), the EPA
guidance <SUP>31 32</SUP> explains that the visibility impairment from
Pb emissions in mandatory Class I Federal areas would be negligible and
these requirements may be satisfied by a State's approved regional haze
SIP revision.\33\ In this regard, the EPA previously approved Ohio's
regional haze SIP revisions for the first and second implementation
periods.<SUP>34 35</SUP>
---------------------------------------------------------------------------
\31\ EPA's October 14, 2011, guidance document entitled
``Guidance on Infrastructure State Implementation Plan (SIP)
Elements Required Under Sections 110(a)(1) and 110(a)(2) for the
2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)''
(2011 Guidance on Infrastructure SIPs for 2008 Pb NAAQS).
\32\ EPA's September 13, 2013, memorandum entitled ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2).'' (2013 Guidance on
Infrastructure SIPs).
\33\ See 2011 Guidance on Infrastructure SIPs for 2008 Pb NAAQS,
p. 15. See also 2013 Guidance on Infrastructure SIPs, p. 32-34, 54-
55.
\34\ 83 FR 21719, May 10, 2018.
\35\ 90 FR 29993, July 8, 2025.
---------------------------------------------------------------------------
c. Public Notice and Anti-Backsliding
CAA section 110(l) contains two main provisions applicable to SIPs,
including nonattainment plans.
First, CAA section 110(l) requires that each SIP revision submitted
by a State must be adopted by a State after reasonable notice and
public hearing. To meet this requirement, on July 8, 2024, Ohio EPA
notified the public and provided an opportunity for public comment and
hearing on its proposed Pb SIP revision for an attainment plan \36\ and
attainment demonstration for the Canton Pb Nonattainment Area. The
public comment period closed on August 7, 2024, and no comments were
received during this time. However, on August 8, 2024, Republic Steel
requested an additional comment period until August 21, 2024, which was
granted by Ohio EPA. With no hearing requested, Ohio submitted its Pb
SIP revision for an attainment plan and attainment demonstration for
the Canton Pb Nonattainment Area to the EPA on September 19, 2024,
which included the comments received and Ohio EPA's responses in
appendix P. Then, on March 17, 2025, Ohio EPA notified the public and
provided an opportunity for public comment and hearing on its proposed
redesignation request and proposed Pb SIP revision for a maintenance
plan for the Canton Nonattainment Area. The public comment period
closed on April 18, 2025, and, with no hearing requested or comments
received, Ohio submitted its redesignation request and Pb SIP revision
to the EPA on April 25, 2025. As such, the EPA proposes to find that
Ohio has met this requirement of CAA section 110(l) with its September
19, 2024, and April 18, 2025, SIP revisions.
---------------------------------------------------------------------------
\36\ Although CAA section 172(c) refers to ``nonattainment
plans,'' we refer to Ohio's 2024 Canton Pb SIP submission as
including an ``attainment plan.''
---------------------------------------------------------------------------
Second, under CAA section 110(l), the EPA may not approve a SIP if
it would interfere with any applicable requirement concerning NAAQS
attainment, reasonable further progress toward attainment, or any other
applicable requirement of the CAA. This requirement is often referred
to the ``anti-backsliding'' provision of the CAA. As demonstrated in
sections II.A.2.c, II.B, III.A of this preamble and in sections
4.1.2.3, 4.2.2, and 5.1 of the TSD, Ohio's September 19, 2024, and
April 18, 2025, SIP Revisions are not a relaxation of any existing
requirements and are expected to preserve or improve the ambient air
quality in the Canton Nonattainment Area as it existed when the area
was designated as nonattainment on April 10, 2023. Thus, the EPA
proposes to find that Ohio's September 19, 2024, and April 18, 2025,
SIP revisions meet the anti-backsliding provisions of CAA sections
110(l).
d. Nonattainment Plans
The EPA does not expect infrastructure SIP submittals to include
regulations or emission limits developed specifically for attaining a
particular NAAQS. To address plan requirements for nonattainment areas,
there are two elements of CAA section 110(a)(2) pertaining to part D in
title 1 of the CAA that are outside the scope of infrastructure SIPs.
The first is CAA section 110(a)(2)(C) to the extent it refers to a
permit program known as ``nonattainment new source review''
(nonattainment NSR) under part D of title I of the CAA, and the second
is CAA section 110(a)(2)(I) in its entirety.\37\ For the first of these
two elements, the EPA previously approved Ohio's SIP revisions
comprising the State's rules for nonattainment NSR procedures on
December 6, 2001.\38\ For the second of these two elements, the EPA's
``SIP Lean Toolkit for Collaboration Between EPA and Air Agencies,''
December 6, 2019 (2019 SIP Lean Toolkit) \39\ identifies CAA sections
172, 191, and 192 as the applicable planning requirements specific to
Pb nonattainment areas. Each of these are discussed below.
---------------------------------------------------------------------------
\37\ See 2011 Guidance on Infrastructure SIPs for 2008 Pb NAAQS,
p. 2. See also 2013 Guidance on Infrastructure SIPs, p. 4.
\38\ 67 FR 7954, February 21, 2002.
\39\ EPA's ``State Implementation Plan (SIP) Lean Toolkit for
Collaboration Between EPA and Air Agencies,'' dated December 6, 2019
(2019 SIP Lean Toolkit).
---------------------------------------------------------------------------
2. CAA Section 172 Requirements
In areas designated as not attaining a particular NAAQS, CAA
section 172 includes nonattainment plan provisions that require States
to submit SIPs which demonstrate the affected area will attain the
relevant NAAQS as expeditiously as practicable, but no later than the
applicable statutory attainment date. To support such an attainment
demonstration for Pb nonattainment plans, the EPA's 2019 SIP Lean
Toolkit specifies the applicable provisions of the CAA as sections
172(a)(2), (b), (c)(1) through (c)(6), and (c)(9). As discussed in
sections II.A.2.a.-h. of this preamble and in sections 4.1.2.1-4.1.2.8
of the TSD, the EPA is proposing to find that Ohio's 2024 Canton Pb SIP
Revision meets each of these applicable provisions of CAA section 172.
a. CAA Section 172(a)(2)--Attainment Dates for Nonattainment Areas
For a nonattainment area, CAA section 172(a)(2) establishes that
the attainment date shall be the date by which attainment can be
achieved as expeditiously as practicable, but no later than 5 years
from the date the area was designated nonattainment, unless the
Administrator determines an extension of up to 10 years is appropriate.
The effective date of the redesignation of the Canton area to
nonattainment was April 10, 2023,\40\ and 5 years from that date would
be April 10, 2028. The EPA proposes to find that Ohio EPA appropriately
oriented the attainment demonstration in its 2024 Canton Pb SIP
Revision, as discussed in section II.B. of this preamble and in
sections 4.1.2.1 and 4.2.2 of the TSD, to ensure attainment of the 2008
Pb NAAQS as expeditiously as practicable and earlier than the April 10,
2028, date by projecting an attainment date of July 1, 2025. In section
III.A. of this preamble and in section 5.1 of the TSD, the EPA
[[Page 18377]]
also examines the actual monitored Pb concentrations and proposes to
determine that, as of the end of 2024, the Canton Nonattainment Area
achieved attainment of the 2008 Pb NAAQS as expeditiously as
practicable, approximately 1.5 years after the April 10, 2023,
effective date of the redesignation, and earlier than the April 10,
2028, date based on the full 5 years allowed under CAA section
172(a)(2).
---------------------------------------------------------------------------
\40\ 88 FR 14920, March 10, 2023.
---------------------------------------------------------------------------
b. CAA Section 172(b)--Schedule for Plan Submissions
Under CAA section 172(b) and consistent with CAA section 191(a),
the Administrator required Ohio to submit a SIP revision for the Canton
Nonattainment Area within 18 months of the April 10, 2023, effective
date of the nonattainment redesignation.\41\ The EPA proposes to find
that Ohio EPA met this requirement by submitting its SIP revision for
an attainment plan in the Canton Nonattainment Area on September 19,
2024, which was sooner than 18 months from the April 10, 2023,
effective date of the nonattainment designation.
---------------------------------------------------------------------------
\41\ 88 FR 14920; 14921, March 10, 2023.
---------------------------------------------------------------------------
c. CAA Section 172(c)(1)--Reasonably Available Control Measures/
Reasonably Available Control Technology
CAA section 172(c)(1) requires plans for all nonattainment areas to
provide for the implementation of all reasonably available control
measures (RACM), including reasonably available control technology
(RACT) for existing sources, as expeditiously as practicable and to
provide for attainment of the NAAQS.
Ohio's 2024 Canton Pb SIP Revision identified two stationary
sources of Pb emissions located within the boundaries of the Canton
Nonattainment Area that report to Ohio EPA's Emissions Inventory System
and the National Emissions Inventory: (1) Republic Steel--Canton Plant
and (2) United Rolls, Inc. Ohio's 2024 Canton Pb SIP Revision describes
United Rolls, Inc. as an iron and steel roll manufacturing facility
located at 1400 Grace Avenue Northeast, Canton, Ohio. Based on
emissions data from 2017 to 2023, only the Republic Steel--Canton Plant
met the EPA's recommended threshold of 0.5 tons per year (tpy) for a
RACT analysis.<SUP>42 43</SUP> As such, Ohio EPA considered potential
RACM applications for this facility as identified in the 2012 Pb RACM
Guidance \1\ for fugitive dust control.
---------------------------------------------------------------------------
\42\ See EPA, Office of Air Quality Planning and Standards,
``Implementation of the 2008 Lead National Ambient Air Quality
Standards: Guide to Developing Reasonably Available Control Measures
(RACM) for Controlling Lead Emissions'', March 2012, EPA-457/R-12-
001 (2012 Pb RACM Guidance).
\43\ See the 2008 Pb NAAQS Proposed Rule, 73 FR 29184, May 20,
2008.
---------------------------------------------------------------------------
Ohio EPA documented the decline in Pb emissions from the Republic
Steel--Canton Plant from 4.3561 tons in 2020, to 0.8249 tons in 2021,
to 0.1398 tons in 2022, to 0.0672 in 2023.\44\ Ohio EPA also documented
the corresponding sharp decrease in monitored Pb concentrations and
improvement in air quality. The three-month rolling average Pb
concentrations measured at the Republic Steel monitoring site have
decreased significantly from 0.40 [mu]g/m\3\ in 2021 to 0.00 [mu]g/m\3\
in 2024. Over the course of one month, between the time that Republic
Steel was idled in August 2023 to the time the shutdown was announced
in September 2023, the three-month rolling average Pb concentrations
declined from 0.11 [mu]g/m\3\ to 0.03 [mu]g/m\3\. Further decreases
occurred over the next two months with Pb concentrations decreasing
from 0.01 [mu]g/m\3\ in October 2023 to 0.00 [mu]g/m\3\ in November
2023, where the ambient air concentrations have remained since.\45\ The
EPA notes that Ohio fully demonstrated that these improvements in
ambient air quality are due to permanent and enforceable reductions in
emissions resulting from the permanent shutdown of all emission units
requiring air permits and the termination of the associated air permits
at the Republic Steel--Canton Plant, which became effective July 26,
2024. Additionally, Ohio EPA documented that no source of Pb emissions
would be allowed to construct, reopen, modify, or reconstruct without
meeting all applicable NSR requirements in Ohio's SIP at 40 CFR
51.1870(c) as a new source.
---------------------------------------------------------------------------
\44\ Data is provided in Ohio's 2024 Canton Pb SIP Revision,
appendix C.
\45\ See Table 1 and Figure 2 of Ohio's 2024 Canton Pb SIP
Revision and Table 1 of Ohio's 2025 Canton Pb Redesignation Request
depicting three-month rolling average Pb data from 2017-2024 at the
Republic Steel and Republic Community ambient air quality monitors.
---------------------------------------------------------------------------
Given the permanent shutdown of all emission units requiring air
permits at the Republic Steel--Canton Plant, Ohio EPA reasoned that any
fugitive Pb-bearing dust control measures implemented outside of
activities associated with potential cleanup, shutdown, deconstruction,
and/or remediation at the facility would likely have no significant
impact on monitored ambient Pb concentrations at the Republic Steel or
Republic Community monitoring sites. Consistent with the 2008 Pb NAAQS
Final Rule,\46\ Ohio determined, and the EPA agrees, that no RACM
exists that would appreciably reduce fugitive dust emissions from the
Republic Steel--Canton Plant or expedite attainment of the 2008 Pb
NAAQS as this time.
---------------------------------------------------------------------------
\46\ 73 FR 66964; 67038, November 12, 2008.
---------------------------------------------------------------------------
However, to meet the requirements of CAA section 172(c)(9) and
175A, Ohio EPA is requiring that the Republic Steel--Canton Plant
implement certain contingency measures, similar to the measures
identified in the 2012 Pb RACM Guidance, during cleanup and/or
remediation activities if either the Republic Steel or Republic
Community monitoring sites measure ambient Pb concentrations above
specific trigger levels. These contingency measures are set forth in
the Ohio EPA Director's Final Findings and Orders, effective September
17, 2024,\47\ and are addressed in sections II.A.2.h. and III.B. of
this preamble and in sections 4.1.2.8 and 5.2.5 of the TSD.
---------------------------------------------------------------------------
\47\ See appendix N of Ohio's 2024 Canton Pb SIP Revision and
appendix E of Ohio's 2025 Canton Pb Redesignation Request.
---------------------------------------------------------------------------
As discussed above and consistent with the 2008 Pb NAAQS final
rule, the EPA is proposing to find that Ohio's 2024 Canton Pb SIP
Revision has met the RACM provisions of CAA section 172(c)(1).
d. CAA Section 172(c)(2)--Reasonable Further Progress
CAA section 172(c)(2) sets forth that nonattainment plans must
require reasonable further progress (RFP) \48\ in annual incremental
reductions of emissions to ensure attainment by the attainment date.
While the EPA believes that RFP for Pb nonattainment areas should yield
significant emission reductions under an ambitious compliance schedule,
the Canton Nonattainment Area has already achieved significant
permanent and enforceable reductions in Pb emissions, declining from
4.4224 tpy in 2020 to 0.1508 tpy in 2023 as shown in Table 1 and
discussed in section III.B. of this preamble and in sections 4.1.2.3
and 5.2.2 of the TSD. These reductions have led to sustained monitored
ambient Pb concentrations below the 2008 Pb NAAQS substantially earlier
than the applicable attainment date, as demonstrated in Tables 4 and 5
of the TSD. With the permanent and enforceable emission reductions
already achieved resulting in sustained ambient Pb concentrations below
the 2008 Pb NAAQS, the EPA is proposing to find
[[Page 18378]]
that RFP has already been made and that Ohio 2024 Canton Pb SIP
Revision has met the RFP provisions of CAA section 172(c)(2).
---------------------------------------------------------------------------
\48\ RFP is defined in CAA section 171(1) as ``such annual
incremental reductions in emissions of the relevant air pollutant as
are required by part D or may reasonably be required by EPA for the
purpose of ensuring attainment of the applicable NAAQS by the
applicable attainment date.''
---------------------------------------------------------------------------
e. CAA Section 172(c)(3)--Emissions Inventory
CAA section 172(c)(3) requires SIPs for nonattainment areas to
include a comprehensive, accurate, and current inventory of actual
emissions from all sources of the relevant pollutants in the
nonattainment areas. In terms of Pb emissions inventories, the
threshold level of the emissions inventory reporting requirement for
point sources in Pb SIP inventories is 0.5 tpy consistent with the 2008
Pb NAAQS Final Rule,\49\ 40 CFR 51.117(e)(1), the Air Emissions
Reporting Requirements (AERR),\50\ and 40 CFR part 58 appendix D. As
shown in Table 1, Ohio's 2024 Canton Pb SIP Revision included a
comprehensive Pb emissions inventory for the Canton Nonattainment Area
for the years 2017 through 2023, which accounted for emissions from the
Republic Steel--Canton Plant, which was the only source in the Canton
Nonattainment Area with Pb emissions of 0.5 tpy or greater, as well as
United Rolls, Inc. even though its emissions were below the inventory
threshold.\51\ Ohio clarified that no area, mobile, non-road, or
marine/air/rail sources of Pb emissions contribute to nonattainment in
the Canton Nonattainment Area. The EPA is proposing to approve the Pb
emissions inventory for the Canton Nonattainment Area that was
submitted by Ohio EPA in Table 2 and appendix C of the 2024 Canton Pb
SIP Revision and in Table 3 of the 2025 Canton Pb Redesignation
Request, including the 2020 base year Pb emission inventory, as fully
meeting the comprehensive emissions inventory requirement of CAA
section 172(c)(3) for sources that emit more than 0.5 tpy Pb as
required by 40 CFR 51.117(e)(1).
---------------------------------------------------------------------------
\49\ See 73 FR 66964; 67042, November 12, 2008.
\50\ See 80 FR 8787, February 19, 2015.
\51\ See Ohio's 2024 Canton Pb SIP Revision, Table 2 and
appendix C.
Table 1--Pb Emissions Inventory in the Canton Nonattainment Area from 2017-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Facility Pb emissions (tons)
----------------------------------------------------------------------------------------------------
Republic Steel--Canton Plant United Rolls, Inc. Canton nonattainment area
Year -------------------------------------------------------------------- (combined facility Pb
emissions)
Stack Fugitive Total Stack Fugitive Total --------------------------------
Stack Fugitive Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017............................................... 0.6502 0.1600 0.8103 0.0290 0.0320 0.0610 0.6792 0.1921 0.8713
2018............................................... 0.6402 0.0220 0.6623 0.0585 0.0031 0.0616 0.6987 0.0251 0.7239
2019............................................... 0.6918 0.0200 0.7119 0.0588 0.0031 0.0619 0.7506 0.0231 0.7738
2020............................................... 1.7357 2.6204 4.3561 0.0630 0.0033 0.0663 1.7987 2.6237 4.4224
2021............................................... 0.4478 0.3771 0.8249 0.0715 0.0038 0.0753 0.5193 0.3809 0.9002
2022............................................... 0.0578 0.0820 0.1398 0.0822 0.0043 0.0865 0.1400 0.0863 0.2263
2023............................................... 0.0297 0.0375 0.0672 0.0793 0.0042 0.0835 0.1091 0.0417 0.1508
--------------------------------------------------------------------------------------------------------------------------------------------------------
f. CAA Section 172(c)(4) and (c)(5)--Identification and Quantification
of Emissions and Nonattainment New Source Review Permits
CAA section 172(c)(4) requires the identification and
quantification of emissions from any new or modified stationary source
in the nonattainment area and a demonstration that such emissions will
not interfere with attainment by the applicable attainment date. CAA
section 172(c)(5) requires permits for the construction and operation
of new and modified major stationary sources anywhere in the
nonattainment area. In this regard, as addressed in section II.A.1.a.
of this preamble and in section 4.1.1.1 of the TSD, the EPA previously
approved Ohio's PSD permitting program \52\ and NSR permitting program
for nonattainment areas \53\ for all new major sources and major
modifications in Ohio to help achieve the 2008 Pb NAAQS.\54\ Therefore,
Ohio has already met the applicable requirements of CAA sections
172(c)(4) and (c)(5).
---------------------------------------------------------------------------
\52\ 66 FR 51570, October 10, 2001, and 68 FR 2909, January 22,
2003.
\53\ 68 FR 1366, January 10, 2003.
\54\ See Ohio's 2024 Canton Pb SIP submission, p. 3-4.
---------------------------------------------------------------------------
g. CAA Section 172(c)(6)--Other Measures
CAA section 172(c)(6) requires the nonattainment plan to include
enforceable emission limitations and other control measures, means, or
techniques, as well as schedules and timetables for compliance as
necessary to provide for attainment by the attainment date.
To account for control measures that were put into place as
expeditiously as possible, Ohio's 2024 Canton Pb SIP Revision fully
documented the permanent shutdown of all emission units requiring air
permits at the Republic Steel--Canton Plant and the termination of all
associated air permits effective July 26, 2024. Additionally, as
discussed in section II.A.2.h. of this preamble and in section 4.1.2.8
of the TSD, Ohio's 2024 Canton Pb SIP Revision contains contingency
measures that would be enacted within specified timeframes in the event
ambient air monitoring exceeds certain Pb levels to ensure attainment
of the 2008 Pb NAAQS by the attainment date. As such, Ohio ensured
appropriate enforceable control measures and timetables were put into
place as expeditiously as practicable to result in three years of
monitored clean data by the attainment date. Therefore, the EPA is
proposing that Ohio's 2024 Canton Pb SIP Revision has met the
applicable requirements of CAA section 172(c)(6) for the Canton
Nonattainment Area.
h. CAA Section 172(c)(9)--Contingency Measures
CAA section 172(c)(9) requires that nonattainment plans contain
contingency measures that take effect without further action by the
State or the Administrator if the nonattainment area fails to make RFP
or attain the NAAQS by the attainment date.
Ohio's 2024 Canton Pb SIP Revision contains contingency measures
consistent with the EPA's examples \55\ and 2012 Pb RACM Guidance for
fugitive Pb-bearing dust that are geared toward ensuring attainment by
the
[[Page 18379]]
attainment date, including additional watering, additional cleaning,
building/equipment repairs, additional closing of building openings,
updated work practices, and/or application of chemical suppressant to
control fugitive dust from the facility. These contingency measures
would be triggered if monitored Pb concentrations at either the
Republic Steel or Republic Community monitoring sites exceed certain
levels and would require certain actions by Republic Steel or any
subsequent owner or operator of the Canton Plant. Ohio EPA placed these
contingency measures in the December 12, 2023, Final Consent Order and
Final Judgment Entry as well as the September 17, 2024, Ohio EPA
Director's Final Findings and Orders.
---------------------------------------------------------------------------
\55\ See 58 FR 67748; 67752, appendix 1, December 22, 1993. Some
examples of contingency measures for controlling area sources of
fugitive Pb-bearing dust include paving more roads, stabilizing more
storage piles, and increasing the frequency of street cleaning.
---------------------------------------------------------------------------
Under the contingency measures of the December 12, 2023, Final
Consent Order, the action level responses are triggered in the event
the individual daily value exceeds 0.75 [mu]g/m \3\ and/or the three-
month average Pb concentration exceeds the 2008 Pb NAAQS of 0.15 [mu]g/
m \3\. The required responses include both immediate actions to cease
activities possibly contributing to the NAAQS exceedance as well as
certain other actions within 14 days.
The September 17, 2024, Director's Final Findings and Orders set
forth an additional action level for measured ambient Pb concentrations
at 0.10 [mu]g/m \3\, which would trigger these contingency measures.
These Orders also require a sitewide plan to be approved by Ohio EPA
prior to undertaking activities related to demolition or deconstruction
to further ensure control of fugitive Pb-bearing dust. Importantly,
since ownership of the Canton Plant may one day be transferred, the EPA
reiterates that the contingency measures contain legally binding
assurances that the obligations contained therein apply to Republic
Steel or any subsequent owner or operator of the Canton Plant. For all
these reasons and as further addressed in section 4.1.2.8 of the TSD,
the EPA is proposing to find that Ohio's contingency measures in the
2024 Canton Pb SIP Revision satisfy the applicable requirements of CAA
section 172(c)(9).
3. CAA Section 176(c) Requirements
CAA section 176(c) requires States to establish criteria and
procedures in the applicable SIPs to ensure that federally supported or
funded activities are consistent with (``conform to'') the NAAQS air
quality planning goals. The requirements of CAA 176(c) apply to
transportation plans, programs and projects developed, funded or
approved under title 23 of the U.S. Code and the Federal Transit Act
\56\ (transportation conformity) as well as to all other federally
supported or funded projects (general conformity). In this regard, the
EPA approved Ohio's general conformity SIP on February 12, 1996. 61 FR
9644; 9646, March 11, 1996. In the 2008 Pb NAAQS Final Rule, the EPA
determined that ``In light of the elimination of Pb additives from
gasoline, transportation conformity does not apply to the Pb NAAQS.''
73 FR 66964; 67043, November 12, 2008.
---------------------------------------------------------------------------
\56\ 79 U.S. Code 1601.
---------------------------------------------------------------------------
4. CAA Sections 191 and 192 Requirements
CAA section 191(a) directs States to submit SIPs to the EPA for
areas designated as nonattainment with respect to the primary NAAQS for
sulfur oxides, nitrogen dioxide, or Pb within 18 months of the
effective date of the designation. The EPA proposes to find that Ohio
EPA met this requirement by submitting its attainment plan and
attainment demonstration for the Canton area on September 19, 2024,
which was sooner than 18 months from the April 10, 2023, effective date
of the nonattainment designation.
CAA section 192(a) requires that SIPs for nonattainment areas must
provide for attainment of the relevant NAAQS as expeditiously as
practicable, but no later than 5 years from the effective date of the
nonattainment designation. Ohio's 2024 Canton Pb SIP Revision includes
an attainment demonstration for the Canton Nonattainment Area that
demonstrated attainment of the 2008 Pb NAAQS as expeditiously as
practicable, by July 1, 2025, and in less than 5 years from the April
10, 2028, effective date. As such, the EPA is proposing to find that
Ohio's 2024 Canton Pb SIP Revision meets the applicable requirements of
CAA section 192(a).
B. Attainment Demonstration
To demonstrate future attainment of the NAAQS by predicting the
effect of air emissions on ambient air quality, States may be required,
under CAA section 110(a)(2)(K), to include air quality modeling and the
associated data in a SIP submittal.
To demonstrate that Ohio's control strategy will provide for timely
attainment of the 2008 Pb NAAQS as expeditiously as practicable, but no
later than the April 10, 2028, attainment date, Ohio EPA's attainment
demonstration included a modeling analysis, which followed the
procedures in the EPA's Guideline on Air Quality Models.\57\ Although
all emission units requiring permits at the Republic Steel--Canton
Plant have been permanently shut down, Ohio EPA performed an
atmospheric dispersion modeling analysis using AERMOD which accounted
for potential cleanup and/or remediation efforts at the site in the
future. As discussed in more detail in section 4.2.2 of the TSD and in
appendix M of Ohio's 2024 Canton Pb SIP Revision, the model predicted a
maximum three-month rolling average Pb concentration for the Canton
Nonattainment Area of 0.099440 [mu]g/m\3\, a value below 0.15 [mu]g/
m\3\ that demonstrates attainment of the 2008 Pb NAAQS will be attained
by April 10, 2028. Based on results of the modeling and Ohio EPA's
approach, the EPA proposes to find that Ohio's attainment demonstration
satisfies the requirements under CAA section 110(a)(2)(K) by performing
appropriate air quality modeling and providing the associated data.
---------------------------------------------------------------------------
\57\ Guideline on Air Quality Models, appendix W to 40 CFR 51.
---------------------------------------------------------------------------
C. 40 CFR 51 Requirements
The EPA's regulations governing the preparation, adoption, and
submittal of SIPs are set forth at 40 CFR part 51.
Subpart F \58\ contains the general procedural requirements for all
SIPs that cover definitions, stipulations, public hearings, submission
of plans, revisions, and approval of plans. How Ohio's 2024 Canton Pb
SIP Revision met the State's obligations under these general procedural
requirements is addressed under the discussion of CAA section 110(l) in
section II.A. of this preamble and in section 4.1.1 of the TSD.
---------------------------------------------------------------------------
\58\ See 40 CFR 51.100-51.105.
---------------------------------------------------------------------------
Subpart G \59\ addresses the control strategy generally applicable
to SIPs as well as specific additional requirements for Pb
nonattainment areas. How Ohio's 2024 Canton Pb SIP Revision addressed
each of the applicable requirements of subpart G in 40 CFR 51.110
through 51.117, including specific requirements for Pb nonattainment
areas, is described in section II.C. of this preamble and in section
4.3 of the TSD. Based on this information, the EPA is proposing to find
that Ohio's 2024 Canton Pb SIP Revision adequately addressed each of
the requirements of 40 CFR 51.110 through 51.117.
---------------------------------------------------------------------------
\59\ See 40 CFR 51.110-51.126.
---------------------------------------------------------------------------
D. The EPA's Proposed Approval of Ohio's 2024 Canton Pb SIP Revision
Based on the EPA's review and evaluation of the information in
sections
[[Page 18380]]
II.A.-II.C. of this preamble of this preamble and in sections 4.1-4.3
of the TSD, the EPA is proposing to find that Ohio's 2024 Canton Pb SIP
Revision satisfies the applicable requirements of CAA sections
110(a)(2)(D)(i)(I), 110(a)(2)(I), 110(a)(2)(K), 110(l), 172, 191, and
192(a) to fully address the nonattainment plan provisions for the
Canton Nonattainment Area.
III. Attainment and Maintenance of the 2008 Pb NAAQS and the EPA's
Review of Ohio's 2025 Canton Pb Maintenance Plan and Redesignation
Request
A. Determination That the Area Is Attaining
As shown in Table 2, Ohio's 2025 Canton Pb Maintenance Plan and
Redesignation Request documented the Canton Nonattainment Area had
monitored attainment and achieved a design value of 0.15 [mu]g/m\3\ for
the most recent three-year period 2022-2024, thereby attaining the 2008
Pb NAAQS of 0.15 [mu]g/m\3\. Furthermore, data in AQS for 2025 (January
through September) indicate that the area continues to show
concentrations consistent with attainment of the 2008 Pb NAAQS. The
complete, quality-assured, and certified ambient air monitoring data
from the Republic Steel monitoring site along with the three-month
rolling averages and the associated design values are included in
Ohio's 2025 Canton Pb Redesignation Request as appendix D as well as
Tables 4, 5, and 6 of the TSD.
Table 2--Three-Month Rolling Average Pb Concentrations From 2022-2024 in the Canton Nonattainment Area
----------------------------------------------------------------------------------------------------------------
Three-month rolling average ([mu]g/m\3\)
Monitoring site Three-month period -----------------------------------------------
2022 2023 2024
----------------------------------------------------------------------------------------------------------------
AQS ID 39-151-0024, Republic November-January............... 0.07 0.06 0.00
Steel Monitoring Site, 3150 December-February.............. 0.06 0.06 0.00
Georgetown Rd. NE, Canton,
Ohio.
January-March.................. 0.07 0.06 0.00
February-April................. 0.03 0.10 0.00
March-May...................... 0.04 0.09 0.00
April-June..................... 0.07 0.15 0.00
May-July....................... 0.09 0.12 0.00
June-August.................... 0.12 0.11 0.00
July-September................. 0.10 0.03 0.00
August-October................. 0.11 0.01 0.00
September-November............. 0.10 0.00 0.00
October-December............... 0.11 0.00 0.00
----------------------------------------------------------------------------------------------------------------
Based on a review of the data in accordance with the 40 CFR part
50, appendix R, and 40 CFR part 58, and the design value for 2022-2024,
the EPA is proposing to determine that the Canton Nonattainment Area is
attaining the 2008 Pb NAAQS.
B. Maintenance Plan for Continued Attainment
Since the Canton Nonattainment Area has monitored attainment of the
2008 Pb NAAQS as discussed in section III.A. of this preamble and in
section 5.1 of the TSD, Ohio's April 25, 2025 SIP Revision included a
maintenance plan for continued attainment (2025 Canton Pb Maintenance
Plan) as required by CAA section 175A. CAA section 175A(a) requires
such maintenance plans to provide for maintenance of the NAAQS for at
least 10 years after the redesignation and to contain measures that may
be necessary to ensure such maintenance. To address the possibility of
future NAAQS violations, the maintenance plans must contain contingency
provisions, as required by CAA section 175A(d), to assure the State
will promptly correct any violation of the NAAQS which occurs after the
area is redesignated to attainment. Then, 8 years after the
redesignation, CAA section 175A(b) requires States to submit a SIP
revision with a revised maintenance plan to continue maintaining the
NAAQS for another 10 years following the initial 10-year maintenance
period.
The EPA has identified the following list of five core provisions
to ensure maintenance of the relevant NAAQS in an area for which a
State is seeking redesignation from nonattainment to attainment:
attainment inventory, maintenance demonstration, monitoring network,
verification of continued attainment, and contingency plan.\60\
---------------------------------------------------------------------------
\60\ See September 4, 1992 Calcagni Memo, section 5.
---------------------------------------------------------------------------
For the attainment inventory, as discussed in section 5.2.1 of the
TSD, the EPA proposes to find that Ohio's attainment inventory
appropriately identified the 2024 level of Pb emissions in the Canton
Nonattainment Area at the time the monitoring data showed attainment, a
level which is considered sufficient to attain the 2008 Pb NAAQS.\61\
---------------------------------------------------------------------------
\61\ See 1992 Calcagni Redesignations Memo, p. 8.
---------------------------------------------------------------------------
For the maintenance demonstration, as discussed in section 5.2.2 of
the TSD, the EPA proposes to find that Ohio fully documented that the
improvement in air quality is based on permanent and enforceable
emission reductions as well as NSR provisions that will ensure
continued attainment. To demonstrate the NAAQS will be maintained for
10 years following the redesignation, Ohio effectively showed that
future emissions would not exceed the level of the 2024 attainment
inventory and that modeling of its control strategy demonstrated the
future mix of sources will not cause a violation of the 2008 Pb NAAQS
through 2037.\62\
---------------------------------------------------------------------------
\62\ See 1992 Calcagni Redesignations Memo, p. 9.
---------------------------------------------------------------------------
For the monitoring network, as discussed in section 5.2.3 of the
TSD, the EPA proposes to find that Ohio's 2025 Canton Pb Maintenance
Plan appropriately provides a commitment to continue monitoring and
reporting the ambient Pb levels at both the Republic Steel and Republic
Community monitoring sites to ensure continued maintenance of the 2008
Pb NAAQS as well as a commitment to consult with the EPA prior to
making any changes to the State's approved air monitoring network.
For the verification of continued attainment, as discussed in
section 5.2.4 of the TSD, the EPA proposes to find that Ohio EPA met
this provision by committing to track future Pb emissions inventories
and compare them with the Pb inventories for the 2020 base year,
[[Page 18381]]
2024 attainment year, and 2037 future maintenance year to assess
emission trends and to ensure continued compliance with the 2008 Pb
NAAQS.
For the contingency plan, as discussed in section 5.2.5 of the TSD,
Ohio EPA carried forward the contingency measures from the September
17, 2024, Director's Final Findings and Orders into Ohio's 2025 Canton
Pb Maintenance Plan that set action levels for measured Pb ambient
concentrations to trigger certain responses. These contingency measures
require Republic Steel or any subsequent owner or operator of the
Canton Plant to take certain actions if the Republic Steel or Republic
Community monitoring sites reach Pb daily average concentrations of
0.75 [mu]g/m\3\ or 1-month average concentrations of 0.10 [mu]g/m\3\.
These actions include additional watering, additional cleaning,
building/equipment repairs, additional closing of building openings,
updated work practices, and/or application of chemical suppressant to
control fugitive Pb-bearing dust from the Canton Plant within 14 days
of being notified of the monitoring results. Additionally, these Orders
require Republic Steel or any subsequent owner or operator to submit to
Ohio EPA a plan for approval for sitewide control of fugitive Pb-
bearing dust at least 30 days prior to undertaking any activities
related to demolition or deconstruction of any portion of the facility.
These Orders also require that any subsequent owner assume all
obligations with these Orders if the Canton Plant changes ownership.
Based on these measures, the EPA proposes to find that Ohio has fully
satisfied the requirement for contingency provisions for a maintenance
plan under CAA section 175A(d).
Based on the information in sections 5.2.1-5.2.5 of the TSD, the
EPA is proposing to approve Ohio's 2025 Canton Pb Maintenance Plan as
containing all these necessary provisions to maintain the 2008 Pb NAAQS
for the initial 10 years under CAA section 175A as well as a commitment
from the State to review the maintenance plan 8 years after
redesignation for the next 10 years.
IV. Criteria for Redesignation to Attainment and the EPA's Review of
Ohio's SIP Revisions
A. CAA Criteria for Redesignation to Attainment
As noted above, on April 25, 2025, Ohio requested the EPA
redesignate the Canton Nonattainment Area from nonattainment to
attainment of the 2008 Pb NAAQS since the area has achieved a design
value of 0.15 [mu]g/m\3\ for the most recent three-year period 2022-
2024, thereby meeting the 2008 Pb NAAQS of 0.15 [mu]g/m\3\.
While the EPA is proposing to determine that the Canton
Nonattainment Area has monitored attainment of the 2008 Pb NAAQS in
section III.A. of this preamble and section 5.1 of the TSD, the EPA
notes that this, in and of itself, does not constitute a redesignation
to attainment.\63\ There are five criteria for redesignating an area
from nonattainment to attainment that are found in CAA section
107(d)(3)(E):
---------------------------------------------------------------------------
\63\ ``A determination that an area has attained by the
applicable attainment date does not constitute a redesignation to
attainment.'' 90 FR 31906; 31908, July 16, 2025.
---------------------------------------------------------------------------
(i) the Administrator determines that the area has attained the
NAAQS;
(ii) the Administrator has fully approved the applicable
implementation plan for the area under CAA section 110(k);
(iii) the Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable implementation plan and
applicable Federal air pollutant control regulations and other
permanent and enforceable reductions;
(iv) the Administrator has fully approved a maintenance plan for
the area as meeting the requirements of CAA section 175A; and
(v) the State containing such area has met all requirements
applicable to the area under CAA section 110 and part D of CAA title 1.
How Ohio's submittals met each of these five criteria for
redesignation of the Canton Nonattainment Area to attainment is
addressed in section IV.B. of this preamble and section 6.2 of the TSD.
B. How Ohio's Submittals Met the CAA Criteria for Redesignation to
Attainment
In reviewing Ohio's 2024 Canton Pb SIP Revision and 2025 Canton Pb
Maintenance Plan and Redesignation Request, the EPA addresses each of
the five criteria under CAA section 107(d)(3)(E) for redesignating an
area from nonattainment to attainment in turn below.
In acting upon a redesignation request, the EPA may rely on any
prior SIP approvals plus any additional approvals it may perform in
conjunction with acting on the redesignation. The 1992 Calcagni
Redesignations Memo and 1992 Calcagni SIP Actions Memo both note,
``[A]pproval action on SIP elements and the redesignation request may
occur simultaneously,'' and the EPA has frequently taken this approach
in its redesignation actions.\64\ As such, the EPA is proposing to
approve all required SIP elements simultaneously in conjunction with
acting in accordance with Ohio EPA's request to redesignate the Canton
Nonattainment Area from nonattainment to attainment of the 2008 Pb
NAAQS.
---------------------------------------------------------------------------
\64\ See 66 FR 53096, October 19, 2001 (Pittsburgh-Beaver
Valley, Pennsylvania); 65 FR 37879, June 19, 2000 (Cincinnati-
Hamilton, Ohio); 61 FR 20458, May 7, 1996 (Cleveland-Akron-Lorain,
Ohio); 60 FR 37366, July 20, 1995 and 61 FR 31832 through31833, June
21, 1996 (Grand Rapids, MI); 68 FR 25413, May 12, 2003 and 68 FR
25418, May 12, 2003 (St. Louis, MO).
---------------------------------------------------------------------------
1. CAA Section 107(d)(3)(E)(i)--Attainment of the 2008 Pb NAAQS
Based on the information presented in section III.A. of this
preamble and in section 5.1 of the TSD, the EPA is proposing to
determine that, as of the end of 2024, the Canton Nonattainment Area
achieved attainment of the 2008 Pb NAAQS as expeditiously as
practicable, approximately 1.5 years after the April 10, 2023,
effective date of the redesignation, and earlier than the April 10,
2028, date based on the full 5 years allowed under CAA section
172(a)(2).
2. CAA Section 107(d)(3)(E)(ii)--Approval of Implementation Plan Under
CAA Section 110(k) That Meets All Applicable Requirements of Title 1 of
the CAA
As summarized in section II.D. of this preamble and in section 4.4
of the TSD, the EPA is proposing to fully approve Ohio's 2024 Canton Pb
SIP Revision under CAA section 110(k) as satisfying all the applicable
requirements of title 1 under CAA sections 110(a)(2)(D)(i)(I),
110(a)(2)(I), 110(a)(2)(K), 110(l), 172, 191, and 192(a) as well as 40
CFR 51 Subparts F and G.
3. CAA Section 107(d)(3)(E) (iii)--Improvement in Air Quality Due to
Permanent and Enforceable Measures
From the time the Republic Steel--Canton Plant shutdown and all air
permits were terminated in July 2024, Ohio documented the corresponding
sharp decrease in monitored Pb concentrations and improvement in air
quality. Based on the information presented in sections II.A.2.c. and
III.A. of this preamble and in sections 4.1.2.3 and 5.1 of the TSD, the
EPA proposes to determine that the improvement in ambient air quality
is due to permanent and enforceable reductions in Pb emissions
resulting from the permanent
[[Page 18382]]
shutdown of all emission units requiring air permits and the
termination of the associated air permits at the Republic Steel--Canton
Plant.
4. CAA Section 107(d)(3)(E)(iv)--Approval of Maintenance Plan Under CAA
Section 175A
As addressed in section III.B. of this preamble and in section 5.2
of the TSD, the EPA is proposing to approve Ohio's 2025 Canton Pb
Maintenance Plan under CAA section 175A as effectively addressing each
of the five core provisions identified by the EPA to maintain the 2008
Pb NAAQS for the initial 10 years (attainment inventory, maintenance
demonstration, monitoring network, verification of continued
attainment, and contingency plan) as well as providing a commitment
from the State to review the maintenance plan 8 years after
redesignation for the next 10 years.
5. CAA Section 107(d)(3)(E)(v)--Approval of Applicable Requirements for
Purposes of Redesignation Under CAA Section 110 and Part D of Title 1
Based on the information addressed in sections III.A. and III.B. of
this preamble and in section 6.2.5 of the TSD, the EPA is proposing to
determine that Ohio's 2025 Canton Pb Maintenance Plan and Redesignation
Request have satisfied all the applicable requirements for the purposes
of redesignation under CAA section 110 and part D of title 1.
For CAA section 110, the EPA previously approved Ohio's
Infrastructure and Transport SIPs, and the EPA is proposing to find
that Ohio's 2024 Canton Pb SIP Revision satisfies the applicable
requirements under CAA sections 110(a)(2)(D)(i)(I), 110(a)(2)(I) and
110(a)(2)(K) that specifically address the nonattainment plan
provisions for the Canton Nonattainment Area as well as the anti-
backsliding provisions of CAA section 110(l).
For CAA part D of title I, the EPA is proposing to find that Ohio's
2024 Canton Pb SIP Revision, which was comprised of an attainment plan
with monitoring data, emissions inventory, attainment demonstration,
and contingency measures to demonstrate attainment as expeditiously as
practicable and no later than five years after the April 10, 2023
effective date of the nonattainment designation, meets each of the
applicable provisions of CAA sections 172, 191(a), and 192(a).
C. The EPA's Proposed Redesignation of the Canton Nonattainment Area
From Nonattainment to Attainment of the 2008 Pb NAAQS
Based on the EPA's proposed findings and approvals in the synopsis
in section IV.B. of this preamble and in section 6.2 of the TSD, the
EPA is proposing to determine that Ohio's 2024 Canton Pb SIP Revision
as well as Ohio's 2025 Canton Pb Maintenance Plan and Redesignation
Request have met the requirements for the EPA to redesignate the Canton
Nonattainment Area from nonattainment to attainment under CAA section
107(d)(3)(E). As such, the EPA is proposing to approve Ohio's April 25,
2025 Canton Pb Maintenance Plan and to act in accordance with Ohio's
request to redesignate the Canton Nonattainment Area from nonattainment
to attainment of the 2008 Pb NAAQS in accordance with CAA sections
107(d)(3)(E)(i) through (v).
V. The EPA's Proposed Actions
The EPA is proposing to approve all of Ohio's required SIP elements
simultaneously in conjunction with proposing to act in accordance with
Ohio's request to redesignate the Canton Nonattainment Area from
nonattainment to attainment of the 2008 Pb NAAQS. Specifically, the EPA
is proposing the following separate, but related, actions:
1. To approve Ohio's September 19, 2024 Canton Pb SIP Revision as
meeting the applicable requirements of CAA sections 110(a)(2)(D)(i)(I),
110(a)(2)(I), 110(a)(2)(K), 110(l), 172, 191, and 192(a) and 40 CFR 51
Subparts F and G;
2. To determine that the Canton Nonattainment Area is attaining the
2008 Pb NAAQS;
3. To approve Ohio EPA's comprehensive Pb emissions inventory for
the Canton Nonattainment Area as meeting the applicable requirements of
CAA section 172(c)(3);
4. To approve Ohio's 2025 Canton Pb Maintenance Plan as meeting the
applicable requirements of CAA section 175A;
5. To determine that Ohio's 2024 Canton Pb SIP Revision as well as
Ohio's 2025 Canton Pb Maintenance Plan and Redesignation Request have
met the applicable requirements for the EPA to redesignate the Canton
Nonattainment Area from nonattainment to attainment of the 2008 Pb
NAAQS under CAA section 107(d)(3)(E); and thus
6. To act in accordance with Ohio's April 25, 2025 Canton Pb
Redesignation Request and to redesignate the Canton Nonattainment Area
from nonattainment to attainment of the 2008 Pb NAAQS in accordance
with CAA section 107(d)(3)(E)(i)through(v).
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, the 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rulemaking does not have Tribal implications and
will not impose substantial direct costs on Tribal governments or
preempt Tribal law as
[[Page 18383]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Particulate matter, and
Reporting and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 27, 2026.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2026-06937 Filed 4-9-26; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 10, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.