[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Rules and Regulations]
[Pages 14920-14925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04965]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2022-0195; FRL-9631-01-OAR]
RIN 2060-AV66


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule redesignates a portion of Canton, Ohio in 
northeastern Stark County from ``unclassifiable/

[[Page 14921]]

attainment'' to ``nonattainment'' for the 2008 National Ambient Air 
Quality Standards (NAAQS) for lead (Pb). The EPA notified the state of 
Ohio of its intended redesignation of portions of Stark County on April 
26, 2022, and published a Notice of Availability for this action on May 
3, 2022. The EPA's redesignation of this portion of the Canton, Ohio 
area is based on recorded violations of the Pb NAAQS at the Republic 
Steel ambient air monitoring site operated by Ohio Environmental 
Protection Agency (Ohio EPA) located in Canton, Ohio.

DATES: This rule is effective on April 10, 2023.

ADDRESSES: The EPA has established a public docket for this 
redesignation action at http://www.regulations.gov under Docket ID No. 
EPA-HQ-OAR-2022-0195.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Andrew Leith, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, Mail Code C539-01, 
Research Triangle Park, NC 27709, telephone number: (919) 541-1069, 
email address: [email protected]. The following EPA Regional office 
contact can answer questions specific to the Canton, Ohio area: Alisa 
Liu of Region 5. She can be reached at telephone number: (312) 353-
3193, email address: [email protected] or address at EPA Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    The EPA has established a website for the designations for the 2008 
Pb NAAQS at https://www.epa.gov/lead-designations. The website includes 
the EPA's final redesignations action, technical support documents, and 
other related information.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. The information in this 
document is organized as follows:

I. Background and Purpose of the EPA's Final Action
II. The 2008 Pb NAAQS
III. Clean Air Act Redesignation Authority
IV. The EPA's Redesignation Decision and Supporting Air Quality 
Information
    A. Applicable Regulatory Provisions
    B. Monitoring Network Considerations
    C. Canton, Ohio Ambient Air Monitoring Site
    D. Pb Data Considerations
    E. Factors Considered in Determining Nonattainment Area Boundary
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review
VI. Statutory of Authority

I. Background and Purpose of the EPA's Final Action

    The purpose of this final action is to announce and promulgate the 
EPA's area redesignation of a portion of the Canton, Ohio area from 
``unclassifiable/attainment'' to ``nonattainment'' for the 2008 Pb 
NAAQS. The EPA originally designated Stark County, Ohio, including the 
Canton area, along with the remaining areas of Ohio, as unclassifiable/
attainment on November 8, 2011.\1\
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    \1\ 75 FR 71033 (November 22, 2010); 76 FR 72097 (November 22, 
2011).
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    After originally designating the Canton, Ohio area unclassifiable/
attainment on November 8, 2011, the EPA determined in 2021 that 
quality-assured, certified monitoring data collected during 2017-2020 
at the Ohio EPA ambient air monitoring site located at 3150 Georgetown 
Road NE in Canton, Ohio (Republic Steel ambient air monitoring site), 
showed that the area was violating the Pb NAAQS. Consistent with CAA 
section 107(d)(3)(A), the EPA notified the Governor of Ohio in a letter 
dated April 26, 2022, of an intended redesignation of a portion of the 
Canton, Ohio area as ``nonattainment'' for the 2008 Pb NAAQS. The EPA 
published a Notice of Availability (NOA) for this action in the Federal 
Register shortly thereafter, on May 3, 2022.\2\
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    \2\ 87 FR 26147 (May 3, 2022).
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    Upon publication of the NOA in the Federal Register, a 30-day 
public comment period began. This comment period closed on June 2, 
2022, and yielded three public comments, all of which proved supportive 
of the EPA's redesignation decision and intended nonattainment area 
boundary.
    On August 22, 2022, Ohio EPA submitted their recommendations and 
response to the EPA's April 26, 2022, notification letter concurring 
with the EPA's boundaries for the intended nonattainment area in the 
Canton, Ohio area. Ohio EPA, in their response to the EPA's 
notification, acknowledged pending enforcement actions and a July 2, 
2021, Consent Order for Preliminary Injunction in the Stark County 
Court of Common Pleas, which mandated that the Republic Steel facility, 
which is located within the bounds of the area to be redesignated, 
undertake certain actions to reduce Pb emissions. Since Ohio EPA's 
response concurred with the EPA's intended boundaries of the area to be 
redesignated, the EPA has not modified those boundaries and is 
finalizing its redesignation of the identified portion of the Canton 
area within Stark County, Ohio as ``nonattainment.''
    The issuance of this final rule will require the state of Ohio to 
undertake certain planning requirements to reduce Pb concentrations 
within this newly redesignated nonattainment area, including, but not 
limited to, the requirement to submit within 18 months of 
redesignation, a revision to the Ohio state implementation plan (SIP) 
that provides for attainment of the 2008 Pb NAAQS as expeditiously as 
practicable, but no later than 5 years after the effective date of 
redesignation to nonattainment.

II. The 2008 Pb NAAQS

    Under section 109 of the Act, the EPA has established primary and 
secondary NAAQS for certain pervasive air pollutants (referred to as 
``criteria pollutants'') and conducts periodic reviews of the NAAQS to 
determine whether they should be revised or whether new NAAQS should be 
established. The primary NAAQS represent ambient air quality standards, 
the attainment and maintenance of which the EPA has determined, 
including a margin of safety, are requisite to protect the public 
health. The secondary NAAQS represent ambient air quality standards, 
the attainment and maintenance of which the EPA has determined are 
requisite to protect the public welfare from any known or anticipated 
adverse effects associated with the presence of such air pollutant in 
the ambient air.
    Under the CAA, the EPA must establish NAAQS for criteria 
pollutants, including Pb. Lead is generally emitted in the form of 
particles that are deposited in water, soil, and dust. People may be 
exposed to Pb by inhaling it or by ingesting Pb-contaminated food, 
water, soil, or dust. Once in the body, Pb is quickly

[[Page 14922]]

absorbed into the bloodstream and can result in a broad range of 
adverse health effects including damage to the central nervous system, 
cardiovascular function, kidneys, immune system, and red blood cells. 
Children are particularly vulnerable to Pb exposure, in part because 
they are more likely to ingest Pb and in part because their still-
developing bodies are more sensitive to the effects of Pb. The harmful 
effects to children's developing nervous systems (including their 
brains) arising from Pb exposure may include intelligence quotient (IQ) 
\3\ loss, poor academic achievement, long-term learning disabilities, 
and an increased risk of delinquent behavior.\4\
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    \3\ IQ is a score created by dividing a person's mental age 
score, obtained by administering an intelligence test, by the 
person's chronological age, both expressed in terms of years and 
months. ``Glossary of Important Assessment and Measurement Terms,'' 
Philadelphia, PA: National Council on Measurement in Education. 
2016.
    \4\ Depending on the level of exposure, lead can adversely 
affect the nervous system, kidney function, immune system, 
reproductive and developmental systems and the cardiovascular 
system. For more information regarding the health effects of Pb 
exposure, see 73 FR 66964, November 12, 2008, or http://www.epa.gov/airquality/lead/health.html.
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    The EPA first established primary and secondary Pb standards in 
1978 at 1.5 micrograms per cubic meter ([micro]g/m\3\) as a quarterly 
average.\5\ On October 15, 2008, the EPA revised the federal Pb 
standards to 0.15 [micro]g/m\3\ and revised the averaging time for the 
standards.\6\ A violation of the 2008 Pb NAAQS occurs if any arithmetic 
3-month mean concentration is greater than 0.15 [micro]g/m\3\.\7\ Since 
the primary and secondary Pb standards are the same, we refer to them 
hereafter in this document using the singular Pb standard or NAAQS.
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    \5\ 43 FR 46246 (October 5, 1978).
    \6\ 73 FR 66964 (November 12, 2008).
    \7\ 40 CFR 50.16.
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    Following promulgation of any new or revised NAAQS, the EPA is 
required by CAA section 107(d) to designate areas throughout the nation 
as attaining or not attaining the NAAQS. The EPA initially designated 
all areas of the country as ``unclassifiable,'' ``unclassifiable/
attainment,'' or ``nonattainment'' for the 2008 Pb NAAQS in two rounds 
on November 16, 2010, and November 8, 2011.

III. Clean Air Act Redesignation Authority

    The CAA, under section 107(d)(3), provides the EPA with the 
authority to, at any time, notify the Governor of any state that 
available information indicates that the designation of any area or 
portion of an area should be revised. Such available information 
prompting a revised designation can include air quality data, planning 
and control considerations, or any other air quality-related 
considerations the Administrator deems appropriate. Once the EPA 
notifies a state, the state then has the opportunity to respond and 
submit supplemental information that the Governor considers 
appropriate. Before the EPA promulgates the redesignation, if any, the 
agency will consider the supplemental information provided by the 
state, making any modifications that the Administrator deems necessary. 
The EPA is not required under CAA section 107(d)(3) to seek public 
comment during the redesignations process, but we elected to do so for 
this area with respect to the 2008 Pb NAAQS to provide the public with 
an opportunity to give input for the EPA's consideration before 
promulgating any final redesignation.

IV. The EPA's Redesignation Decision and Supporting Air Quality 
Information

A. Applicable Regulatory Provisions

    A determination of whether an area's air quality meets applicable 
standards is generally based upon the most recent 3 years of complete, 
quality-assured data recorded by established state and local air 
monitoring stations (SLAMS) and entered into the EPA's Air Quality 
System (AQS) database.\8\ Data from ambient air monitors operated by 
state and local agencies in compliance with the EPA monitoring 
requirements must be submitted to AQS.\9\ Monitoring agencies annually 
certify that these data are accurate to the best of their 
knowledge.\10\ All data are reviewed to determine the area's air 
quality status for Pb in accordance with 40 CFR part 50, appendix R.
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    \8\ AQS is the EPA's repository of ambient air quality data.
    \9\ 40 CFR 58.16.
    \10\ 40 CFR 58.15.
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    Under the EPA regulations in 40 CFR 50.16 and in accordance with 40 
CFR part 50, appendix R, the 2008 Pb NAAQS is met when the design value 
is less than or equal to 0.15 [micro]g/m\3\ at each eligible monitoring 
site within the area. The Pb design value at each eligible monitoring 
site is the maximum valid rolling 3-month arithmetic mean Pb 
concentration from the 38-month period consisting of the most recent 3-
year calendar period plus two previous months. The 3-month mean Pb 
concentrations are rounded to the nearest hundredth [micro]g/m\3\ for 
comparison to the NAAQS. Data completeness requirements for a given 3-
month period are met if the average of the data capture rate of the 
three constituent monthly means is greater than or equal to 75 
percent.\11\
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    \11\ See 40 CFR part 50, appendix R, sections (1)c, 4(c), and 
5(b).
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B. Monitoring Network Considerations

    Section 110(a)(2)(B)(i) of the CAA requires states to establish and 
operate air monitoring networks to compile data on ambient air quality 
for all criteria pollutants. The EPA's monitoring requirements are 
specified by regulations in 40 CFR part 58. These requirements are 
applicable to state and, where delegated, local air monitoring agencies 
that operate criteria pollutant monitors. The regulations in 40 CFR 
part 58 establish specific requirements for operating air quality 
surveillance networks to measure ambient concentrations of Pb, 
including requirements for measurement methods, network design, quality 
assurance procedures and, in the case of large urban areas, the minimum 
number of monitoring sites designated as SLAMS.
    In sections 4.4 and 4.5 of appendix D to 40 CFR part 58, the EPA 
specifies minimum monitoring requirements for Pb, respectively, to 
operate at SLAMS. SLAMS produce data that are eligible for comparison 
with the NAAQS, and therefore, the monitor must be an approved federal 
reference method (FRM) monitor, federal equivalent method (FEM) 
monitor, or approved regional method (ARM) monitor.
    The minimum number of required Pb SLAMS is described in section 4.5 
of appendix D to 40 CFR part 58. There must be at least one source-
oriented SLAMS site located to measure the maximum Pb concentration in 
ambient air resulting from each non-airport Pb source that emits 0.50 
or more tons per year (tpy) and from each airport that emits 1.0 tpy or 
more based on either the most recent National Emission Inventory (NEI) 
or other scientifically justifiable methods and data.
    According to the 2017 NEI, one non-airport source in Stark County, 
Ohio exceeded the 0.50 tpy threshold and therefore required source-
oriented Pb monitoring: the Republic Steel plant located at 2633 Eighth 
Street NE in Canton, Ohio (Republic Steel).\12\ Republic Steel is a 
steel manufacturer that manufactures leaded steel and other steel 
products.
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    \12\ Ohio facility-level Pb emissions data from the 2017 NEI may 
be accessed on the EPA NEI website at https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data.

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[[Page 14923]]

C. Canton, Ohio Ambient Air Monitoring Site

    On June 6, 2017, an ambient air monitoring site was installed and 
began operating in Stark County to measure concentrations of Pb and 
other toxic metals. Ohio EPA, through its partnership with the Canton 
City Board of Health's Air Pollution Control Division,\13\ installed 
this special purpose monitor (SPM) to meet the requirements of a state 
permit issued on December 12, 2016, to Republic Steel as part of 
operational changes made to its plant at 2633 Eighth Street NE in 
Canton, Ohio.\14\
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    \13\ Canton City Board of Health, Air Pollution Control 
Division. https://www.cantonhealth.org/apc/.
    \14\ Ohio EPA Air Pollution Permit-to-Install (PTI), Permit 
Number: P0121793, Facility ID: 1576050694, Republic Steel. http://wwwapp.epa.ohio.gov/dapc/permits_issued/1499790.pdf.
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    In April 2019, Ohio EPA converted the designated primary Pb sampler 
at the Republic Steel ambient air monitoring site from a special 
purpose monitor to a SLAMS monitor. The conversion was made as a result 
of Ohio EPA's 2017 emissions inventory, which indicated that Republic 
Steel's Pb emissions were at 0.81 tpy, which exceeds the source-
oriented 0.50 tpy monitoring threshold for non-airport sources in 40 
CFR part 58, appendix D. The EPA requires SLAMS monitors to collect Pb 
samples at a minimum frequency of 1-in-6 days and those data be 
reported to the EPA's AQS.
    On March 1, 2021, Ohio EPA began operating a second monitor at the 
Republic Steel ambient air monitoring site to collect additional Pb 
samples on a random day sampling schedule.\15\ Pb data from both of 
these monitors are combined to calculate the monitoring site level 
design value for comparison to the NAAQS. Ohio EPA continued to also 
collect air samples to evaluate air quality specifically during leaded 
production at the Republic Steel plant. Because these air samplers were 
operated only during leaded production time periods, typically less 
than the routine 24-hour air samples required for air monitoring data 
used for NAAQS comparisons, the data are not reported to the EPA's AQS. 
Ohio EPA posts data from all Pb monitors on its website.\16\
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    \15\ 2021-2022 Ohio EPA Air Monitoring Network Plan. https://epa.ohio.gov/static/Portals27/ams/sites/2021-022_AMNP_Main_Report_Final.pdf.
    \16\ Ohio EPA, Air Pollution Control, Reports & Data, Special 
Sampling Projects. https://epa.ohio.gov/wps/portal/gov/epa/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects.
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    The two ambient air quality monitors (Parameter Occurrence Code 
(POC) 1, POC 4) at the Republic Steel ambient air monitoring site 
measure ambient concentrations on a microscale level of 0 to 100 meters 
with a staggered schedule. POC 1 operates on the EPA sampling schedule 
of 1-in-6 days, and POC 4 operates on a randomized schedule. The POC is 
used to distinguish different instruments that measure the same 
parameter at the same monitoring site.
    In April 2022, another ambient air quality monitoring site was 
installed at 719 Marietta Avenue NE, Canton, Ohio, and the Canton City 
Board of Health's Air Pollution Control Division began collecting data. 
The new ``Republic Community'' monitoring site (AQS Site No. 39-151-
0025) operates two monitors, denoted as POC 1 and 4, on the same days 
and frequency as the Republic Steel monitoring site (AQS Site No. 39-
151-0024). Data are reported to the EPA's AQS and are also available on 
Ohio EPA's website.\17\
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    \17\ Ohio EPA Special Sampling Projects, Republic Steel, Canton, 
Stark County. https://epa.ohio.gov/divisions-and-offices/air-pollution-control/reports-and-data/special-sampling-projects.
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D. Pb Data Considerations

    In accordance with appendix R to 40 CFR part 50, compliance with 
the Pb NAAQS is determined based on data from 36 consecutive valid 3-
month periods (i.e., 38 months, or a 3-year calendar period and the 
preceding November and December). As detailed in 40 CFR part 50, 
appendix R section 4(c)(i), a 3-month mean Pb value is determined to be 
valid (i.e., meets data completeness requirements) if the average of 
the data capture rate of the three constituent monthly means is greater 
than or equal to 75 percent.
    Under 40 CFR 58.15, monitoring agencies must certify, on an annual 
basis, data collected at all SLAMS and at all FRM, FEM, and ARM special 
purpose monitor stations that meet the EPA quality assurance 
requirements. In doing so, monitoring agencies must certify that the 
previous year of ambient concentration and quality assurance data are 
completely submitted to AQS and that the ambient concentration data are 
accurate to the best of their knowledge. Ohio EPA annually certifies 
that the data it submits to AQS are quality-assured, including data 
collected by Ohio EPA at the Republic Steel monitoring site.
    The EPA has evaluated the completeness of these data in accordance 
with the requirements of 40 CFR part 50, appendix R. The data collected 
by Ohio EPA at the Republic Steel ambient air monitoring site meet this 
completeness criterion for each 3-month period from 2019-2021.
    Table 1 presents a summary of the latest available quality-assured 
Pb monitoring data from the Republic Steel ambient air monitoring site. 
A map showing the location of the monitor is included in the EPA's 
Technical Support Document (EPA TSD) accompanying this action, 
contained in the docket for this rulemaking and on the EPA's web page 
for Pb designations at https://www.epa.gov/lead-designations.

            Table 1--Ambient Air Quality Monitoring Data and Pb Design Values From Ohio EPA's Republic Steel Ambient Air Monitoring Site \18\
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                                                     Maximum Pb 3-month rolling average ([mu]g/m\3\) (number of         Pb design value ([mu]g/m\3\)
                                                                  complete months in parentheses)                 --------------------------------------
                     Monitor                     -----------------------------------------------------------------
                                                      2017         2018         2019         2020         2021      2017-2019    2018-2020    2019-2021
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AQS 39-151-0024: Republic Steel, 315 Georgetown     0.11 (5)    0.20 (12)    0.21 (12)    0.13 (12)    0.40 (11)         0.21         0.21         0.40
 Road NE, Canton, Ohio..........................
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    The EPA considered the Pb NAAQS design value for the Republic Steel 
ambient air monitoring site in the Canton area in Stark County, Ohio by 
assessing the most recent 3 consecutive years (i.e., 2019-2021) and 2 
previous months of quality-assured, certified ambient air quality data 
in the EPA's AQS using data from FRM and/or FEM monitors that are sited 
and operated in accordance with 40 CFR parts 50 and 58. Data collected 
at the Republic Steel monitoring site indicate that the 2019-2021 
design value representative of the Canton, Ohio area is 0.40[mu]g/m\3\, 
which

[[Page 14924]]

is violating the 2008 Pb NAAQS of 0.15 [mu]g/m\3\.
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    \18\ Information on the ambient air quality monitors and data 
used to calculate the Pb rolling averages and design values is 
publicly available at https://www.epa.gov/aqs.
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E. Factors Considered in Determining Nonattainment Area Boundary

    In initiating and promulgating this final redesignation, the EPA 
considered a number of factors. First, the ambient air quality 
monitoring data in the Canton, Ohio area show a violation well in 
excess of the 2008 Pb NAAQS based on data collected during 2019-2021, 
indicating that it is appropriate to revise the designation of the 
Canton area located within Stark County, Ohio to nonattainment.
    Second, in determining the boundaries of the nonattainment area, 
the EPA relied on the same analytical process that it uses in the 
initial area designations process following promulgation of a new or 
revised NAAQS. Specifically, under CAA section 107(d)(1)(A)(i), the 
statutory authority for initial area designations, the EPA must 
designate as nonattainment any area that violates the NAAQS and any 
nearby area that contributes to ambient air quality in the violating 
area. The EPA issued guidance (2008 EPA Pb Guidance) associated with 
its initial designations under the 2008 Pb NAAQS that it applied in 
determining whether nearby areas were contributing to monitored 
violations.
    Under the 2008 EPA Pb Guidance, the perimeter of a county 
containing the violating monitor is the initial presumptive boundary 
for a nonattainment area. To exclude any portion of the presumptive 
county boundary, the Guidance suggests that a demonstration is needed 
to show that violations are not occurring in the excluded portions of 
the county and that the excluded portions are not source areas that 
contribute to the observed violations. Moreover, the state and the EPA 
may also conduct additional area-specific analyses that could lead EPA 
to depart from the presumptive boundary to either include a larger 
area. The 2008 EPA Pb Guidance indicated the following eight factors 
are relevant to such an analysis: \19\
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    \19\ 73 FR 67033 (November 12, 2008).
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    (1) Air quality in potentially included versus excluded areas;
    (2) Emissions in areas potentially included versus excluded from 
the nonattainment area;
    (3) Level of control of emission sources;
    (4) Population density and degree of urbanization including 
commercial development in included versus excluded areas;
    (5) Expected growth of the population (including extent, pattern, 
and rate of growth);
    (6) Meteorology (weather/transport patterns);
    (7) Geography/topography (mountain ranges or other air basin 
boundaries); and
    (8) Jurisdictional boundaries (e.g., counties, air districts, 
reservations, etc.).
    In addition to an analysis of the eight factors above, states can 
choose to recommend Pb nonattainment boundaries by using one, or a 
combination of the following techniques:
     Qualitative analysis;
     Spatial interpolation of air quality monitoring data; or
     Air quality simulation by dispersion modeling.\20\
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    \20\ 73 FR 67033 (November 12, 2008).
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    For purposes of this redesignation, all eight factors listed in the 
2008 Guidance were evaluated, but the EPA concluded that population 
growth, geography, and topography did not play a significant factor in 
determining the nonattainment area boundary in Stark County, Ohio. The 
EPA's detailed evaluation of the violating monitoring site, 
contributing sources, and final area boundaries based on the weight of 
evidence of the previously identified factors is included in the TSD, 
which is located in the docket for this redesignation action. The EPA's 
final boundaries of the redesignated area encompass the portions of 
Stark County that are bounded on the north by State Route OH-153 (12th 
Street NE; Mahoning Road), on the east by Broadway Avenue, on the south 
by State Route OH-172 (Tuscarawas Street E; Lincoln Street E), and the 
west by State Route OH-43--Northbound (Cherry Avenue NE). A map showing 
the boundaries of our final nonattainment area for Canton, Ohio is 
included in the final TSD for this action.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action is a redesignation of one area to nonattainment 
and does not contain any information collection activities.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. 
This rule is not subject to the APA but is subject to the CAA, which 
does not require notice and comment rulemaking to take this action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. The 
division of responsibility between the federal government and the 
states for purposes of implementing the NAAQS is established under the 
CAA.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications. It will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. Thus, Executive Order 13175 
does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866. 
However, we note that the protection offered by the Pb NAAQS may be 
especially important for children because neurological effects in 
children are among, if not the most, sensitive health endpoints for Pb 
exposure. Because children are considered a sensitive population, in 
setting the Pb NAAQS we carefully evaluated the environmental health 
effects of exposure to Pb pollution among children. These effects and 
the

[[Page 14925]]

size of the population affected are summarized in the EPA's 2006 Air 
Quality Criteria Document for Pb and in the proposed and final Pb NAAQS 
rules. (http://www.epa.gov/airquality/lead/fr/20081112.pdf)

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or Indigenous 
peoples) and low-income populations.
    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action, on which the EPA offered public notice and comment, 
changes the air quality designation of an area and triggers an 
obligation on the part of the State to develop an implementation plan 
to improve air quality in the area so that it meets the Pb NAAQS. A 
forthcoming implementation plan by the State will also be available for 
public notice and comment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 9, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See CAA section 307(b)(2).

VI. Statutory Authority

    The statutory authority for this action is provided by 42 U.S.C. 
7401, et seq.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Lead.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, 40 CFR part 81 is 
amended as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401, et. seq.

Subpart C--Section 107 Attainment Status Designations

0
2. In Sec.  81.336, the table entitled ``Ohio--2008 Lead NAAQS'' is 
amended by adding an entry for ``Canton--Stark County, OH:'' before the 
entry ``Cleveland, OH:'' to read as follows:


Sec.  81.336   Ohio.

* * * * *

                                              Ohio--2008 Lead NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                   Designation for the 2008 NAAQS \a\
                   Designated area                    ----------------------------------------------------------
                                                                 Date \1\                        Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Canton--Stark County, OH:............................  April 10, 2023..............  Nonattainment.
    Stark County (part)..............................
        Nonattainment area is bounded by the
         following roadways:
        North: State Route OH-153 (12th Street NE;
         Mahoning Road).
        East: Broadway Avenue.
        South: State Route OH-172 (Tuscarawas Street
         E; Lincoln Street E).
        West: State Route OH-43--Northbound (Cherry
         Avenue NE).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ December 31, 2011, unless otherwise noted.

[FR Doc. 2023-04965 Filed 3-9-23; 8:45 am]
BILLING CODE 6560-50-P