Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; Attainment Plan and Redesignation of the Canton Area to Attainment of the 2008 Lead Standard

Air Plan Approval and Air Quality Designation; Ohio; Attainment Plan and Redesignation of the Canton Area to Attainment of the 2008 Lead Standard

SUPPLEMENTARY INFORMATION:

Throughout this document whenever "we," "us," or "our" is used, we mean the EPA. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here:

CAA Clean Air Act

CBI Confidential Business Information

EPA Environmental Protection Agency

NAAQS National Ambient Air Quality Standard

Ohio EPA Ohio Environmental Protection Agency

μg/m ³  Micrograms per cubic meter

NPRM Notice of Proposed Rulemaking

Pb Lead

PBI Proprietary Business Information

SIP State Implementation Plan

Table of Contents

I. Executive Summary

a. What action is the EPA taking?

b. What is the legal authority and requirements?

II. Background

III. Summary of Ohio's Submittals

IV. The EPA's Evaluation of Ohio's Submittals

V. Conclusion

VI. Statutory and Executive Order Reviews

I. Executive Summary

a. What action is the EPA taking?

The EPA is approving the attainment plan for the Canton Nonattainment Area for the 2008 Pb NAAQS and the comprehensive Pb emissions inventory submitted by Ohio EPA on September 19, 2024. Additionally, the EPA is determining that the Canton Nonattainment Area has attained the 2008 Pb NAAQS and is approving Ohio's April 25, 2025, maintenance plan for continued attainment. With these approvals, the EPA is also acting in accordance with Ohio's request to redesignate the Canton Nonattainment Area from nonattainment to attainment of the 2008 Pb NAAQS.

b. What is the legal authority and requirements?

The EPA is taking these actions in accordance with the CAA sections 107(d)(3)(E) and 172 in determining whether the State met all requirements applicable to the Canton Nonattainment Area under CAA sections 110(a)(2)(D)(i)(I), 110(a)(2)(I), 110(a)(2)(K), 110(l), 172(c)(3), 175A, 191, and 192(a), and the Agency's implementation regulations regarding the 2008 Pb NAAQS at 40 CFR part 50, appendix R, 40 CFR part 51, subparts F and G, and 40 CFR part 58.

II. Background

On April 10, 2023, the EPA redesignated portions of 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). ⁽²⁾ The redesignation was based on ambient air quality monitoring from a source-oriented monitor near the Republic Steel-Canton Plant, which manufactured leaded steel products at the time, that resulted in a 2019-2021 design value that exceeded the 2008 Pb NAAQS of 0.15 micrograms per cubic meter (μg/m  ³ ). ⁽³⁾ The Canton Nonattainment Area includes the Republic Steel-Canton Plant site and encompasses 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).

On September 10, 2023, the parent company of Republic Steel, Grupo Simec, announced the permanent closure of the Republic Steel-Canton Plant, and all associated air permits were terminated effective July 26, 2024. By the end of 2024, ambient air monitoring demonstrated that airborne Pb levels had declined to 0.00 μg/m  ³ and that the three-year design value for 2022-2024 for the Canton Nonattainment Area had achieved 0.15 μg/m  ³ , thereby meeting the 2008 Pb NAAQS.

III. Summary of Ohio's Submittals

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. ⁽⁴⁾ On September 19, 2024, Ohio 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. Then, on April 25, 2025, Ohio provided the first 10-year maintenance plan for keeping the Canton Nonattainment Area in attainment and submitted a request to the EPA to redesignate the Canton Nonattainment Area to attainment.

IV. The EPA's Evaluation of Ohio's Submittals

On March 27, 2026, the EPA proposed to approve Ohio's September 19, 2024, attainment plan and comprehensive Pb emissions inventory for the Canton Nonattainment Area for the 2008 Pb NAAQS. Based on complete, quality-assured ambient air monitoring data for 2022-2024, the EPA also proposed to determine that the Canton Area had attained the 2008 Pb NAAQS and to approve Ohio's April 25, 2025, maintenance plan for continued attainment. With these elements of Ohio's State Implementation Plan (SIP) in place, EPA proposed to act in accordance with Ohio's request to redesignate the area to attainment. ⁵ In taking these separate, but related, 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. ^(6 7)

An explanation of the CAA requirements, a detailed analysis of Ohio's submittals, and the EPA's reasons for proposing approval and redesignation were provided in the notice of proposed rulemaking  ⁽⁸⁾ and the Agency's December 11, 2025, Technical Support Document, which are included in the dockets for this rulemaking, and will not be fully restated here.

In that proposal, based on complete, quality-assured ambient air monitoring data, we proposed to find that the area had achieved a design value of 0.15 μg/m  ³ for the most recent three-year period 2022-2024, thereby meeting the 2008 Pb NAAQS of 0.15 μg/m  ³ . While the EPA proposed to determine that the Canton Nonattainment Area had monitored attainment of the 2008 Pb NAAQS, we noted that this, in and of itself, did not constitute a redesignation to attainment. We identified the five criteria for redesignating an area from nonattainment to attainment found in CAA section 107(d)(3)(E) and addressed how Ohio's submittals effectively met each of the criteria:

(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. ⁽⁹⁾

II. Public Comments

The public comment period for this proposed rule ended on May 11, 2026. During the comment period, the EPA received two comment letters that were supportive of the Agency's proposed actions. All comments received are included in the dockets for this rulemaking.

III. Conclusion

The EPA is approving all of Ohio's required SIP elements herein simultaneously in conjunction with acting 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 taking the following separate, but related, actions:

1. Approving 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. Determining that the Canton Nonattainment Area is attaining the 2008 Pb NAAQS.

3. Approving Ohio's comprehensive Pb emissions inventory for the Canton Nonattainment Area as meeting the applicable requirements of CAA section 172(c)(3).

4. Approving Ohio's 2025 Canton Pb Maintenance Plan as meeting the applicable requirements of CAA section 175A.

5. Determining 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).

6. Acting in accordance with Ohio's April 25, 2025, Canton Pb Redesignation Request and redesignating 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).

IV. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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:

• 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);
• Is not an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866;

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and
• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA.

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a "major rule" as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 14, 2026. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( See section 307(b)(2).)

For the reasons stated in the preamble, title 40 CFR parts 52 and 81 are amended as follows:

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

[FR Doc. 2026-14318 Filed 7-15-26; 8:45 am]

BILLING CODE 6560-50-P

⁽¹⁾ Docket ID No. EPA-R05-OAR-2024-0461 relates to Ohio's attainment demonstration, and Docket ID No. EPA-R05-OAR-2025-0222 relates to Ohio's redesignation request and maintenance plan.

⁽²⁾  88 FR 14920; 14921 (March 10, 2023).

⁽³⁾  88 FR 14920; 14922 (March 10, 2023).

⁽⁴⁾  88 FR 14920; 14921 (March 10, 2023).

⁽⁵⁾  91 FR 18372 (April 10, 2026).

⁽⁶⁾ 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), which is publicly available at https://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf .

⁽⁷⁾ See 66 FR 53096 (October 19, 2001) for Pittsburgh-Beaver Valley, Pennsylvania; 65 FR 37879 (June 19, 2000) for Cincinnati-Hamilton, Ohio; 61 FR 20458 (May 7, 1996) for Cleveland-Akron-Lorain, Ohio; 60 FR 37366 (July 20, 1995) and 61 FR 31832-31833 (June 21, 1996) for Grand Rapids, Michigan; and 68 FR 25413 (May 12, 2003) and 68 FR 25418 (May 12, 2003) for St. Louis, Missouri.

⁽⁸⁾  91 FR 18372 (April 10, 2026).

⁽⁹⁾ See 91 FR 18372; 18381-18382 (April 10, 2026) and the EPA's December 11, 2025, Technical Support Document.