[Federal Register Volume 90, Number 80 (Monday, April 28, 2025)]
[Rules and Regulations]
[Pages 17556-17559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07255]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2024-0316; FRL-11777-02-R3]
Air Plan Approval; Pennsylvania; Redesignation of the Allegheny
County Nonattainment Area to Attainment and Approval of the Area's
Maintenance Plan for the 2010 1-Hour Primary Sulfur Dioxide National
Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving both a
redesignation request and state implementation plan (SIP) revision
submitted on November 14, 2023 by the Commonwealth of Pennsylvania on
behalf of the Allegheny County Health Department (ACHD). The request
asked the EPA to redesignate the Allegheny County, Pennsylvania area
from nonattainment to attainment for the 2010 1-hour primary sulfur
dioxide (SO2) national ambient air quality standard (NAAQS),
while the revision included Allegheny County's maintenance plan for the
2010 1-hour primary SO2 standard for the Allegheny County
Area. The EPA is approving this redesignation of the Allegheny County
Area from nonattainment to attainment for the 2010 SO2 NAAQS
and the revision to the Pennsylvania SIP in accordance with the
requirements of the Clean Air Act (CAA).
[[Page 17557]]
DATES: This final rule is effective on May 28, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2024-0316. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through www.regulations.gov, or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Philip McGuire, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2251. Mr. McGuire can also be reached via electronic mail at
mcguire.philip@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 11, 2024 (89 FR 99790), the EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, the EPA proposed to redesignate the Allegheny County,
Pennsylvania area from nonattainment to attainment for the 2010 1-hour
primary SO2 NAAQS. The EPA also proposed approval of a
revision to the Pennsylvania SIP which included Allegheny County's
maintenance plan for the 2010 1-hour primary SO2 NAAQS, the
approval of which is required for redesignation under CAA section
107(d)(3)(E). The formal SIP revision was submitted by Pennsylvania on
behalf of ACHD on November 14, 2023. The public comment period for the
proposed rule ended on January 10, 2024 and the EPA received no
comments during the public comment period.
II. Summary of SIP Revision and EPA Analysis
The December 11, 2024 proposal (89 FR 99790) provides a detailed
discussion of the requirements of CAA section 107(d)(3)(E)--which
identifies the five criteria that must be met before a nonattainment
area may be redesignated to attainment--and the EPA's analysis of how
each requirement was met. To summarize this discussion: (1) the EPA
determined that the Allegheny County Area attained the 2010
SO2 NAAQS based on air quality monitoring data in compliance
with the standard and on emissions data that is below modeled emissions
limits identified in Pennsylvania's 2017 attainment plan; (2) the EPA
determined that Pennsylvania has a fully approved SIP for the Allegheny
County Area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation; (3) the EPA determined that
the improvement in the Allegheny County Area's air quality is due to
permanent and enforceable reductions in emissions, including
implemented control measures and lower permitted SO2
emissions rates at various facilities throughout the Allegheny County
Area; (4) the EPA determined that Pennsylvania's maintenance plan was
fully approvable and ensures that the Allegheny County Area will
continue to attain the 2010 SO2 NAAQS for at least 10 years
following redesignation and further includes contingency measures to
correct for any potential future 2010 SO2 NAAQS violations;
and (5) the EPA determined that Pennsylvania has met all applicable
requirements for the Allegheny County Area under CAA section 110 and
part D. Additional rationale for the EPA's proposed action are
explained in the NPRM, and will not be restated here. No public
comments were received on the NPRM.
III. Final Action
The EPA is approving the redesignation of the Allegheny County Area
from nonattainment to attainment in accordance with Pennsylvania's
November 14, 2023, request. The criteria under CAA section 107(d)(3)(E)
as specific to the 2010 SO2 NAAQS have been met. The EPA is
determining that the Allegheny County Area is attaining the 2010
SO2 NAAQS, the state has a fully approved applicable state
implementation plan under CAA section 110(k), the improvement in air
quality is due to permanent and enforceable SO2 emission
reductions in the Allegheny County Area, the state now has a fully
approved maintenance plan for the area (as noted below), and the state
has met all requirements applicable to the area under CAA section 110
and Part D. On this basis, the EPA is approving the redesignation
request from Pennsylvania for the Allegheny County Area and changing
the legal designation of the Allegheny County Area at 40 CFR part 81 to
attainment for the 2010 SO2 NAAQS.
The EPA is also approving the Allegheny County 2010 SO2
NAAQS maintenance plan as a revision to the Pennsylvania SIP. The
maintenance plan demonstrates that the area will continue to maintain
the 2010 SO2 NAAQS for at least 10 years following
redesignation and includes a process to implement contingency measures
to remedy any future violations of the 2010 SO2 NAAQS.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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);
Executive Order 14192 (90 FR 9065, February 6, 2025) does
not apply because SIP actions are exempt from review 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 Clean Air Act.
[[Page 17558]]
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 27, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Catherine A. Libertz,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 81 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
the entry ``Maintenance Plan for the Allegheny County, Pennsylvania
Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient
Air Quality Standard'' at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional explanation
revision geographic area date
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* * * * * * *
Maintenance Plan for the Cities of Clairton, 11/14/2023 4/28/2025, 90 FR
Allegheny County, Pennsylvania Duquesne, and [INSERT FEDERAL
Nonattainment Area for the 2010 McKeesport; the REGISTER PAGE
Sulfur Dioxide Primary National Townships of WHERE THE DOCUMENT
Ambient Air Quality Standard. Elizabeth, BEGINS].
Forward, and North
Versailles, and
the following
Boroughs:
Braddock,
Dravosburg, East
McKeesport, East
Pittsburgh,
Elizabeth,
Glassport,
Jefferson Hills,
Liberty, Lincoln,
North Braddock,
Pleasant Hills,
Port Vue,
Versailles, Wall,
West Elizabeth,
and West Mifflin.
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* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.339, amend the table entitled ``Pennsylvania--2010
Sulfur Dioxide NAAQS [Primary],'' by revising the entry for ``Allegheny
County (part)'' to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
[[Page 17559]]
Pennsylvania--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area \1\ -------------------------------------
Date \2\ Type
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Allegheny, PA:
Allegheny County (part)....... 5/28/2025 Attainment.
The area consisting of:
Borough of Braddock,
Borough of Dravosburg,
Borough of East
McKeesport, Borough of
East Pittsburgh, Borough
of Elizabeth, Borough of
Glassport, Borough of
Jefferson Hills, Borough
of Liberty, Borough of
Lincoln, Borough of North
Braddock, Borough of
Pleasant Hills, Borough
of Port Vue, Borough of
Versailles, Borough of
Wall, Borough of West
Elizabeth, Borough of
West Mifflin, City of
Clairton, City of
Duquesne, City of
McKeesport, Elizabeth
Township, Forward
Township, North
Versailles Township.
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* * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise
specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in
the larger designation area. The inclusion of any Indian country in
the designation area is not a determination that the state has
regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
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[FR Doc. 2025-07255 Filed 4-25-25; 8:45 am]
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