Proposed Rule2023-14645
Air Plan Approval; Pennsylvania; Liberty Borough Area Second 10-Year PM10 Limited Maintenance Plan
Primary source
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Published
July 12, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve the Liberty Borough area second 10-year maintenance plan submitted by the Commonwealth of Pennsylvania Department of Environmental Protection (PADEP or Commonwealth) on behalf of the Allegheny County Health Department (ACHD). This plan addresses the second 10-year maintenance period after redesignation for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM<INF>10</INF>). A limited maintenance plan (LMP) is used to meet the Clean Air Act (CAA or the Act) requirements for formerly designated nonattainment areas that meet certain qualification criteria. EPA is proposing to determine that ACHD's second maintenance plan meets applicable CAA requirements. The plan relies upon control measures contained in the attainment plan and the first 10-year maintenance plan and the determination that the Liberty Borough area currently monitors PM<INF>10</INF> levels well below the PM<INF>10</INF> national ambient air quality standards (NAAQS or standard).
Full Text
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<title>Federal Register, Volume 88 Issue 132 (Wednesday, July 12, 2023)</title>
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[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Proposed Rules]
[Pages 44237-44244]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14645]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0219; FRL-8813-01-R3]
Air Plan Approval; Pennsylvania; Liberty Borough Area Second 10-
Year PM10 Limited Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the Liberty Borough area second 10-year maintenance plan
submitted by the Commonwealth of Pennsylvania Department of
Environmental Protection (PADEP or Commonwealth) on behalf of the
Allegheny County Health Department (ACHD). This plan addresses the
second 10-year maintenance period after redesignation for particulate
matter with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM<INF>10</INF>). A limited maintenance plan (LMP) is used
to meet the Clean Air Act (CAA or the Act) requirements for formerly
designated nonattainment areas that meet certain qualification
criteria. EPA is proposing to determine that ACHD's second maintenance
plan meets applicable CAA requirements. The plan relies upon control
measures contained in the attainment plan and the first 10-year
maintenance plan and the determination that the Liberty Borough area
currently monitors PM<INF>10</INF> levels well below the
PM<INF>10</INF> national ambient air quality standards (NAAQS or
standard).
DATES: Written comments must be received on or before August 11, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2023-0219 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#482f273a2c2726662521232d082d3829662f273e"><span class="__cf_email__" data-cfemail="20474f52444f4e0e4d494b45604550410e474f56">[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 <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) 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. 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 or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania
[[Page 44238]]
19103. The telephone number is (215) 814-5787. Ms. Schmitt can also be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#0675656e6b6f727228636a6a63684663766728616970"><span class="__cf_email__" data-cfemail="4231212a2f2b36366c272e2e272c022732236c252d34">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On July 21, 2021, EPA received from PADEP,
on behalf of ACHD, a revision to the Commonwealth's state
implementation plan (SIP) for the Liberty Borough area.\1\ The Liberty
Borough area is comprised of the Boroughs of Liberty, Lincoln, Port
Vue, and Glassport and the City of Clairton in Allegheny County,
Pennsylvania. This action is expected to ensure that the Commonwealth
of Pennsylvania meets CAA requirements. There is no information on the
record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people.
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\1\ In its SIP submission, ACHD refers to the area at issue as
the Liberty-Clairton area. In this proposed rulemaking, EPA refers
to this area as the Liberty Borough area to distinguish it from the
Liberty-Clairton fine particulate matter (PM<INF>2.5</INF>) area and
to be consistent with what the Agency called the area in our
approval of the first 10-year maintenance plan and attainment plan.
See 63 FR 47343 (September 8, 1998) and 68 FR 53515 (September 11,
2003).
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I. Background
On July 1, 1987, EPA promulgated two primary standards for
PM<INF>10</INF>: A 24-hour standard of 150 micrograms per cubic meter
([micro]g/m\3\) and an annual standard of 50 [micro]g/m\3\. EPA also
promulgated secondary PM<INF>10</INF> standards that were identical to
the primary standards.\2\ Effective December 18, 2006, EPA revoked the
annual PM<INF>10</INF> standards but retained the 24-hour standards.\3\
In this document, references to the PM<INF>10</INF> NAAQS or
PM<INF>10</INF> standard refer to the 24-hour average standard of 150
[micro]g/m\3\, unless otherwise noted. Because they are identical, we
refer to the primary and secondary 24-hour standards using the single
term, NAAQS.
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\2\ 52 FR 24634 (July 1, 1987).
\3\ 71 FR 61144 (October 17, 2006).
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On November 15, 1990, amendments to the CAA were enacted, and
pursuant to section 107(d)(4)(B) of the Act, the Liberty Borough area
was designated nonattainment by operation of law.\4\ To support an
attainment demonstration, ACHD and the Commonwealth submitted to EPA
several SIP revisions that included permanent and enforceable pollution
controls in the Liberty Borough area, resulting in reduced ambient air
quality concentrations.\5\
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\4\ On August 7, 1987 (56 FR 56694), EPA designated portions of
Allegheny County as a PM<INF>10</INF> nonattainment area due to
measured violations of the 24-hour PM<INF>10</INF> NAAQS (52 FR
29383). The publication announcing the nonattainment designation
upon enactment of the 1990 CAA Amendments was published on March 15,
1991 (56 FR 11101). On November 6, 1991, the area was subsequently
classified as moderate nonattainment under sections 107(d)(4)(B) and
188(a) of the CAA.
\5\ 61 FR 29664 (June 12, 1996). 63 FR 47434 (September 8,
1998). 63 FR 32126 (June 12, 1998).
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On September 8, 1998 (63 FR 47493), EPA finalized a determination
that the Liberty Borough area had attained the PM<INF>10</INF> NAAQS
based on 1995-1997 air quality data. In that same action, EPA approved
the attainment demonstration and contingency measures for the area,
concluding that the Liberty Borough area attainment plan was sufficient
to help the Liberty Borough area attain and maintain the NAAQS.
On October 28, 2002, the Commonwealth, on behalf of ACHD, submitted
to EPA a redesignation request and maintenance plan for the Liberty
Borough area. EPA redesignated the Liberty Borough area from
nonattainment to attainment for the PM<INF>10</INF> NAAQS and approved
the maintenance plan for this first 10-year maintenance period on
September 11, 2003 (68 FR 53515).\6\ The first 10-year maintenance
period ended in 2013 and the second 10-year maintenance plan, which is
the subject of this proposed rulemaking, extends through 2023.
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\6\ Effective on October 14, 2003.
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Since the redesignation request in 2002, ACHD has been operating an
ambient PM<INF>10</INF> monitoring network with monitors at four sites
within the Liberty Borough area, in accordance with 40 Code of Federal
Register (CFR) part 58. The Liberty Borough area PM<INF>10</INF>
monitors are the Lincoln monitor (air quality system (AQS) site ID 42-
003-7003), the Liberty monitor (AQS site ID 42-003-0064),\7\ the
Glassport monitor (AQS site ID 42-003-3006), and the Clairton monitor
(AQS site ID 42-003-3007). The Lincoln, Liberty, and Glassport monitors
are Federal Equivalent Method (FEM) continuous monitors for
PM<INF>10</INF>. Liberty is also considered a multi-pollutant site with
monitors for other air pollutants at the same site, including a Federal
Reference Method (FRM) filter-based monitor for PM<INF>10</INF>. The
Clairton site has an FRM filter-based monitor.
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\7\ The Liberty monitor site has two monitors, one is filter-
based and the other is continuous.
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II. Limited Maintenance Plan Option for PM10 Areas
A. Requirements for the Limited Maintenance Plan Option
Section 175A of the CAA sets forth the elements for maintenance
plans. Under section 175A, a state or locality must submit a
maintenance plan to demonstrate continued attainment of the applicable
NAAQS for at least ten years after an area is redesignated to
attainment. Eight years into the first maintenance period, the
applicable state or local agency must submit a second maintenance plan
demonstrating that the area will continue to attain for the following
10-year period. On September 4, 1992, EPA issued guidance on the
content of a maintenance plan (Memorandum from John Calcagni, Director,
Air Quality Management Division, entitled ``Procedures for Processing
Requests to Redesignate Areas to Attainment,'' (Calcagni Memo)).\8\ The
Calcagni Memo states that a maintenance plan should include the
following provisions: (1) an attainment emissions inventory; (2) a
maintenance demonstration showing maintenance for 10 years; (3) a
commitment to maintain the existing monitoring network; (4)
verification of continued attainment; and (5) a contingency plan to
prevent or correct future violations of the NAAQS.
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\8\ The Memorandum from the EPA's Air Quality Management
Division Director to EPA Regional Air Directors entitled
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' dated September 4, 1992 (Calcagni Memo) can be found
at <a href="http://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf">www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf</a>.
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On August 9, 2001, EPA issued guidance on streamlined maintenance
plan provisions for certain moderate PM<INF>10</INF> nonattainment
areas (see Memorandum from Lydia Wegman, Director, Air Quality
Standards and Strategies Division, entitled ``Limited Maintenance Plan
Option for Moderate PM<INF>10</INF> Nonattainment Areas'' (LMP Option
Memo).\9\ The LMP Option Memo contains a statistical demonstration air
agencies can use to show that areas are meeting certain air quality
criteria with a high degree of probability, and therefore will maintain
the standard ten years into the future. By providing this statistical
demonstration, EPA can consider the maintenance demonstration
requirement of the CAA to be satisfied for the moderate PM<INF>10</INF>
nonattainment area meeting these air quality criteria. If the tests
described in section IV of the LMP Option Memo are met, EPA will treat
that as a demonstration that the area will maintain the NAAQS.
Consequently, the state or local agency is not required to submit in
its SIP certain future year emission inventories for these areas nor
some of the standard transportation conformity analyses.
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\9\ The ``Limited Maintenance Plan Option for Moderate
PM<INF>10</INF> Nonattainment Areas'' can be found at <a href="http://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20010809_wegman_lmp_moderate_pm10_naa.pdf">www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20010809_wegman_lmp_moderate_pm10_naa.pdf</a> and in the docket for this
proposed rulemaking.
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[[Page 44239]]
To qualify for the LMP option, the applicable state or local agency
must demonstrate that the area meets the following criteria. First, the
area should have attained the PM<INF>10</INF> NAAQS. Second, the most
recent five years of air quality data at all monitors in the area,
referred to as the 24-hour average design value, should be at or below
98 [micro]g/m\3\. Third, the applicable state or local agency should
expect only limited growth in on-road motor vehicle PM<INF>10</INF>
emissions and should have passed a motor vehicle regional emissions
analysis test. Lastly, the LMP Option Memo identifies core provisions
that must be included in all limited maintenance plans. These
provisions include an attainment year emissions inventory, assurance of
continued operation of an EPA-approved air quality monitoring network,
and contingency provisions.
B. Conformity Under the Limited Maintenance Option
The transportation conformity rule and the general conformity rule
(set forth in 40 CFR parts 51 and 93) apply to nonattainment areas and
maintenance areas covered by an approved maintenance plan. Under either
conformity rule, an acceptable method of demonstrating that a Federal
action conforms to the applicable SIP is to demonstrate that expected
emissions from the planned action are consistent with the on-road
mobile emissions budget for the area.
While EPA's LMP option does not exempt an area from the need to
affirm conformity, it explains that the area may demonstrate conformity
without conforming to an emissions budget. Under the LMP option,
emissions budgets are treated as essentially not constraining for the
length of the maintenance period because it is unreasonable to expect
that the qualifying areas would experience so much on-road mobile
source emissions growth in that period that a violation of the
PM<INF>10</INF> NAAQS would result. For transportation conformity
purposes, EPA would conclude that emissions in these areas need not be
capped for the maintenance period and therefore a regional emissions
analysis would not be required.
While areas with maintenance plans approved under the LMP option
are not subject to the budget test (see 40 CFR 93.109(e)), those areas
remain subject to the other transportation conformity requirements of
40 CFR part 93, subpart A. Thus, the metropolitan planning organization
(MPO) in the area or the state must document and ensure that:
a. Transportation plans and projects provide for timely
implementation of SIP transportation control measures (TCMs) in
accordance with 40 CFR 93.113;
b. Transportation plans and projects comply with the fiscal
constraint element as set forth in 40 CFR 93.108;
c. The MPO's interagency consultation procedures meet the
applicable requirements of 40 CFR 93.105;
d. Conformity of transportation plans is determined no less
frequently than every four years, and conformity of plan amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104;
e. The latest planning assumptions and emissions model are used as
set forth in 40 CFR 93.110 and 40 CFR 93.111;
f. Projects do not cause or contribute to any new localized carbon
monoxide or particulate matter violations, in accordance with
procedures specified in 40 CFR 93.123; and
g. Project sponsors and/or operators provide written commitments as
specified in 40 CFR 93.125.
If EPA approves the second 10-year LMP, the Liberty Borough area
will continue to be exempt from performing a regional emissions
analysis, but must meet project-level conformity analyses as well as
the transportation conformity criteria described previously.
III. Review of the SIP Submittal
A. Qualifying for the Limited Maintenance Plan Option
As discussed in Section II.A. of this preamble, the LMP Option Memo
outlines the requirements for an area to qualify for an LMP. First, the
area should be attaining the PM<INF>10</INF> NAAQS. The PM<INF>10</INF>
NAAQS is attained when the expected number of days per calendar year
with a 24-hour average concentration above 150 [micro]g/m\3\ is equal
to or less than one (40 CFR 50.6). EPA has evaluated recent ambient air
quality data and the Liberty Borough area continues to attain the 24-
hour standard for PM<INF>10</INF>, not exceeding the standard on any
day at any of the four monitoring sites for over ten years (2011-
2021).\10\ Table 1, in this document, shows the highest and second
highest 24-hour PM<INF>10</INF> concentrations measured at the five
Liberty Borough area monitors from 2011-2021, all of which are
consistently below the NAAQS of 150 [micro]g/m\3\.
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\10\ There are four monitoring sites within the Liberty Borough
area, three sites with one monitor each and one site with two
monitors.
Table 1--Highest/Second Highest Annual 24-Hour PM10 Concentrations ([micro]g/m\3\) at the Clairton, Glassport,
Liberty, and Lincoln Monitors, 2011-2021\a\
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Glassport
Year Clairton (FRM) (FEM) Liberty (FEM) Liberty (FRM) Lincoln (FEM)
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2011............................ 37/37 83/74 70/70 93/72 115/94
2012............................ 34/32 91/72 71/66 73/72 84/75
2013............................ 25/25 60/57 49/48 59/47 76/65
2014............................ 39/32 64/52 63/50 64/55 70/56
2015............................ 41/34 91/56 78/61 64/59 85/79
2016............................ 46/27 68/49 65/63 70/62 93/84
2017............................ 29/28 68/68 87/58 106/61 108/93
2018............................ 27/21 57/48 54/53 50/50 83/67
2019............................ 26/22 105/86 74/68 72/71 75/57
2020............................ 31/24 46/45 49/48 39/38 73/71
2021............................ 24/24 58/54 57/54 Shutdown Shutdown
11/11/20 12/31/20
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\a\ Data provided by EPA's Air Quality System (AQS).
[[Page 44240]]
The second criteria for the PM<INF>10</INF> LMP option is that the
24-hour average design value for the most recent five years of
monitoring data must be at or below 98 [micro]g/m\3\.\11\ ACHD
calculated the design values for the Liberty Borough area as the 3-year
averages of the yearly second-highest 24-hour PM<INF>10</INF>
concentration at each monitoring site, which was provided through 2020
in Table A-10 in its July 2021 LMP SIP submittal.<SUP>12 13</SUP> EPA
looked at the most recent five years of 3-year averages from that table
(2016-2020) \14\ and determined that the Lincoln monitor showed the
uppermost second-highest design value with a value of 85 [micro]g/m\3\,
well below the LMP Option Memo threshold of 98 [micro]g/m\3\.
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\11\ While the 2001 PM<INF>10</INF> LMP Option Memo refers to a
June 1987 ``PM<INF>10</INF> SIP Development Guideline'' document for
methods in calculating design values for PM<INF>10</INF>, neither
document provides specific information on how to calculate a design
value using five years of air quality data. In October 2022, after
ACHD submitted its PM<INF>10</INF> LMP for the Liberty Borough area,
EPA gave further clarification of how to compute a design value
using five years of air quality data in a document titled ``Guidance
on the Limited Maintenance Plan Option for Moderate PM<INF>2.5</INF>
Nonattainment Areas and PM<INF>2.5</INF> Maintenance Areas.''
\12\ ACHD took this method from EPA's NetAssess2020 tool for
monitored network assessments. <a href="https://sti-r-shiny.shinyapps.io/EPA_Network_Assessment/">https://sti-r-shiny.shinyapps.io/EPA_Network_Assessment/</a>.
\13\ See Table A-10 of ACHD's July 21, 2021 LMP SIP located in
the docket for this proposed rulemaking.
\14\ The 3-year design values for 2016-2020 include the
following years: 2014-2016 (2016 3-year design value); 2015-2017
(2017 3-year design value); 2016-2018 (2018 3-year design value);
2017-2019 (2019 3-year design value); and 2018-2020 (2020 3-year
design value).
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EPA used the table look-up procedure as one of the acceptable
approaches for determining appropriate 24-hour PM<INF>10</INF> design
concentrations.\15\ The Agency calculated the 5-year average design
value for the Liberty Borough based on PM<INF>10</INF> monitoring data
from 2017 through 2021, the most recently available certified data from
the Liberty Borough area monitoring sites.
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\15\ The methods for calculating design values for
PM<INF>10</INF> are presented in a document entitled the
``PM<INF>10</INF> SIP Development Guideline,'' EPA-450/2-86-001,
June 1987.
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For the tabular approach for the 24-hour PM<INF>10</INF> standard,
EPA first determined the total number of 24-hour PM<INF>10</INF>
concentrations at each monitoring site and the number of available 24-
hour concentrations to determine which of the highest concentrations is
chosen as the design concentration. Table 2, in this document, which is
the tabular estimation taken from EPA's PM<INF>10</INF> SIP Development
Guideline, specifies which rank value corresponds to the probable
annual maximum value.\16\
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\16\ The look-up procedure is a tabular technique for
determining what point on the empirical frequency distribution
corresponds to a frequency of 1/365. By construction, the table
look-up procedure tends to provide a design concentration slightly
lower than would be derived using a continuous curve representing a
theoretical frequency distribution for PM<INF>10</INF> values.
Additional explanation regarding the use of tabular estimation can
be found in EPA's PM<INF>10</INF> SIP Development Guideline
document.
Table 2--Tabular Estimation of PM10 Design Concentrations
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Data point used for design
Number of daily values concentration
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<=347................................. Highest Value.
348-695............................... Second Highest Value.
696-1042.............................. Third Highest Value.
1043-1390............................. Fourth Highest Value.
1391-1738............................. Fifth Highest Value.
1739-2086............................. Sixth Highest Value.
2087-2434............................. Seventh Highest Value.
>2345................................. Eighth Highest Value.
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With multiple monitoring sites, the highest PM<INF>10</INF>
concentrations at each site would have to be considered and a design
concentration established for each location and the ``controlling''
design concentration for an area with multiple sites would be the
highest values. For routine model applications with five full years of
24-hour concentration estimates, the PM<INF>10</INF> design
concentration of critical interest becomes the highest of the sixth-
highest concentrations for the entire receptor network.
Tables 3, 4, and 5, in this document, provide the average design
values based on the tabular estimation method for the three Liberty
Borough area monitors that remained in operation through 2021. EPA
averaged the design values two ways for each of these monitors. First,
we conducted the 5-year design value by looking at the five years as a
whole set. For example, we counted the number of samples that occurred
between January 1, 2017 and December 31, 2021. Then, as guided by in
Table 2, in this document, we found the appropriate data point from
amongst the 5-year data set.
Alternatively, EPA also conducted the same process of reviewing the
number of samples and finding the appropriate data point, but with each
3-year design value period for the following five years: 2017, 2018,
2019, 2020, and 2021. We then calculated the average of the five 3-year
design values. The results can be found in Tables 3 through 5, in this
document.
Table 3--PM10 Average Design Value for the Clairton Monitor (FRM), Tabular Estimation Method
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Design value years Number of Data point used for Limited maintenance plan
daily samples design concentration. average design value ([micro]g/
m\3\)
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2017-2021............................. 290 Highest Value........... 31
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2015-2017............................. 167 Highest Value........... 46 36.6
2016-2018............................. 170 Highest Value........... 46
2017-2019............................. 173 Highest Value........... 29
2018-2020............................. 175 Highest Value........... 31
2019-2021............................. 177 Highest Value........... 31
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[[Page 44241]]
Table 4--PM10 Average Design Value for the Glassport (FEM) Monitor, Tabular Estimation Method
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Design value years Number of Data point used for Limited maintenance plan
daily samples design concentration. average design value ([micro]g/
m\3\)
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2017-2021............................. 1797 Sixth Highest Value..... 59
-------------------------------
2015-2017............................. 1084 Fourth Highest Value.... 68 62.6
2016-2018............................. 1082 Fourth Highest Value.... 59
2017-2019............................. 1080 Fourth Highest Value.... 68
2018-2020............................. 1079 Fourth Highest Value.... 59
2019-2021............................. 1080 Fourth Highest Value.... 59
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Table 5--PM10 Average Design Value for the Liberty (FEM) Monitor, Tabular Estimation Method
----------------------------------------------------------------------------------------------------------------
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Design value years Number of Data point used for Limited maintenance plan
daily samples design concentration. average design value ([micro]g/
m\3\)
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2017-2021............................. 1799 Sixth Highest Value..... 57
-------------------------------
2015-2017............................. 1051 Fourth Highest Value.... 63 59.6
2016-2018............................. 1055 Fourth Highest Value.... 62
2017-2019............................. 1071 Fourth Highest Value.... 60
2018-2020............................. 1083 Fourth Highest Value.... 56
2019-2021............................. 1086 Fourth Highest Value.... 57
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As shown in Tables 3 through 5, in this document, all of the
average design values determined using the table look-up method through
2021 are below the LMP option design value criteria of 98 [micro]g/
m\3\. The highest average values obtained using EPA's method were at
the Glassport monitor (as seen in Table 4 in this document), but both
methods of calculating average design value provided results well below
98 [micro]g/m\3\. Therefore, EPA finds that the Liberty Borough area
meets the design value criteria outlined in the LMP Option Memo.
Third, the area must meet the motor vehicle regional emissions
analysis test described in the LMP Option Memo. The Commonwealth and
ACHD submitted an analysis showing that growth of on-road mobile
PM<INF>10</INF> emissions was minimal and would not threaten the
assumption of maintenance that underlies the LMP policy. Using EPA's
methodology, ACHD calculated total projected growth in on-road motor
vehicle PM<INF>10</INF> emissions through 2031 \17\ for the Liberty
Borough area. This calculation is derived using Attachment B of the
EPA's LMP Option Memo, where the projected percentage increase in
vehicle miles traveled over the next ten years (VMT<INF>pi</INF>) is
multiplied by the on-road mobile portion of the attainment year
inventory (DV<INF>mv</INF>), including re-entrained road dust. This
test is met when (VMT<INF>pi</INF> x DV<INF>mv</INF>) plus the design
value for the most recent five years of quality assured data is below
the margin of safety (MOS) for the relevant PM<INF>10</INF> standard in
[micro]g/m\3\ for a given area. This MOS value can be 98 [micro]g/m\3\,
as ACHD chose to use, or a site-specific value computed from data
collected at the site of interest using methods outlined in Attachment
A of the LMP Option Memo.
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\17\ Although this LMP applies to maintenance through 2023, ACHD
still used ten years as the vehicle miles traveled (VMT) projection
to be conservative. An interpolation of 2025 and 2035 VMT
projections was calculated to project for the year 2031. Projections
for Allegheny County were used to represent the area, since there
are no projections specific to the Liberty Borough area.
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ACHD used the motor vehicle regional analysis methodology with the
average design value of 85 [micro]g/m\3\ for the Liberty Borough area
using the highest 3-year design value for 2015, 2016, and 2017.
Additionally, for the motor vehicle regional analysis calculation, ACHD
used a VMT<INF>pi</INF> of 3.6 percent and a DV<INF>mv</INF> of 4.3
[micro]g/m\3\. ACHD's motor vehicle regional emissions test analysis
indicated a resulting value of 85.2 [micro]g/m\3\, which is below the
MOS of 98 [micro]g/m\3\.\18\ EPA reviewed the calculations in the
Liberty Borough area LMP SIP submission and the Agency proposes to find
that the area meets the motor vehicle regional emissions analysis test.
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\18\ Additional information on the data and calculations used
for ACHD's analysis can be found in ACHD's SIP submission which is
located in the docket for this proposed rulemaking.
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As described previously, the Liberty Borough area PM<INF>10</INF>
maintenance area meets the qualification criteria set forth in the LMP
Option Memo and accordingly qualifies for the LMP option. To ensure
these requirements continue to be met, ACHD commits to recalculating
the design value on an annual basis through the end of 2023. The motor
vehicle emissions test will also be recalculated annually using the
updated maximum design value over the past five years for the area. If
the test cannot be met (i.e., the equation shows a value above the
MOS), ACHD will submit a full maintenance plan for the area according
to CAA 175A requirements within one year after the determination of the
updated design values.
B. Attainment Inventory
Pursuant to the LMP Option Memo, an LMP SIP submission should
include an emissions inventory, which can be used to demonstrate
attainment of the relevant NAAQS. The inventory should represent
emissions during the same 5-year period associated with air quality
data used to determine whether the area meets the applicability
requirements of the LMP option.
The redesignation request and first 10-year maintenance plan for
the Liberty Borough area included a 1994 emissions inventory.\19\ The
inventory focused on stationary sources in Allegheny County and
surrounding counties, as well as wood burning, public roads, and
fugitive sources without permitted limits. Since the initial
maintenance plan and redesignation request, many of the sources have
lowered their permitted emissions rates of PM<INF>10</INF> due to the
installation of controls, equipment upgrades, fuel switches, as well as
other factors, including shutting down. In the LMP SIP submittal, ACHD
noted several of the emission reductions from over the
[[Page 44242]]
years, including several modifications at the United States Steel
Corporation (USS) Mon Valley Works (MVW) Clairton Plant,\20\
representing an overall reduction of 268 tons per year (tpy) of
PM<INF>10</INF> from the previous allowable inventory, as well as
shutdowns at several large sources outside of the area that provided
over 3,000 tpy of PM<INF>10</INF> reductions from the previous
allowable inventory.\21\
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\19\ The inventory was updated in 1999.
\20\ Mon Valley Works--Clairton Plant ``is an integrated
steelmaking operation that includes four separate facilities:
Clairton Plant, Edgar Thomson Plant, Irvin Plant and Fairless
Plant.'' Taken from <a href="http://www.ussteel.com/about-us/locations">www.ussteel.com/about-us/locations</a>.
\21\ See the PADEP/ACHD's July 21, 2021 SIP submission, located
in the docket for this proposed rulemaking, for additional changes
to the initial emissions allowable inventory.
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According to ACHD, the total reductions in permitted allowable
rates since the initial redesignation request represent an almost
13,000 tpy overall reduction of PM<INF>10</INF> allowable emissions.
This is approximately 55 percent lower than the allowable inventory
from the first 10-year maintenance period.
To illustrate the current emissions in the Liberty Borough area,
ACHD's current LMP SIP submission included an inventory of actual
emissions using base year 2017. ACHD refers to this as the ``Liberty
Borough area maintenance emissions inventory.'' ACHD used the 2017
national emissions inventory (NEI), which was the most recent
comprehensive inventory that was available to ACHD at the time it was
preparing the LMP for the Liberty Borough area. The 2017 NEI is
representative of the typical emissions during which continued
attainment has occurred since the end of the Liberty Borough area's
first 10-year maintenance plan period in 2013.\22\ Table 6 includes the
following four main categories from the 2017 inventory: Stationary
point sources, area (nonpoint) sources, nonroad mobile sources, and on-
road mobile sources.\23\ Stationary point sources contribute the
largest amount of primary PM<INF>10</INF> emissions (82 percent) and
its precursors (87 percent),\24\ within the Liberty Borough area. Among
all the stationary sources in the Liberty Borough area, the USS MVW
Clairton Plant contributes the most PM<INF>10</INF> primary and
precursor emissions.
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\22\ Additional information on ACHD's actual inventory can be
found in the SIP submission located in the docket for this proposed
action.
\23\ A more detailed version of the inventory can be found in
Appendix A of PADEP/ACHD's July 2021 SIP submission.
\24\ Precursors for PM<INF>10</INF> include sulfur dioxide
(SO<INF>2</INF>), nitrogen oxides (NO<INF>X</INF>), volatile organic
compounds (VOCs), and ammonia (NH<INF>3</INF>).
Table 6--Liberty Borough Area 2017 Emissions Inventory
[tpy] \a\
----------------------------------------------------------------------------------------------------------------
Liberty borough area PM10\c\ SO2 NOX VOCs NH3
----------------------------------------------------------------------------------------------------------------
Stationary Point Sources \b\.... 877.93 1,129.86 2,626.26 184.45 118.87
Area (Nonpoint) Sources \d\..... 175.07 4.01 95.80 275.23 9.85
Nonroad Mobile Sources \d\...... 4.33 0.10 37.83 33.19 0.09
Onroad Mobile Sources \d\....... 10.48 0.83 94.11 57.41 3.60
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Total....................... 1,067.81 1,134.80 2,854.00 550.28 132.41
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\a\ Taken from ACHD's PM10 LMP for the Liberty Borough area.
\b\ Inventoried stationary sources within the Liberty Borough area include USS MVW Clairton Plant, Tech Met,
Inc., Koppers Inc., and AKJ Steel Industries.
\c\ Total primary PM10.
\d\ Since NEI emissions are located to the county-level, ACHD used the U.S. Census's estimates for the 2017
population percentage of the Liberty Borough area to scale down emissions from the total Allegheny County
population.
1. Expected Emissions
In the July 21, 2021, second maintenance plan SIP submission, ACHD
noted that there is little growth in emissions expected for the Liberty
Borough area through the end of the maintenance period in 2023. ACHD
attributes the lack of potential for emissions growth through 2023 to
several factors, including a 2019 settlement agreement and order with
USS MVW Clairton Plant that requires the facility to conduct upgrades
and work practice enhancements through 2023.\25\ ACHD provides
additional information in their LMP submission regarding other programs
and actions that will help to maintain or lower PM<INF>10</INF>
emissions in the Liberty Borough area.
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\25\ Allegheny County Health Department Air Quality Program.
Settlement Agreement and Order #19060.
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2. PM<INF>10</INF> SIP Controls
In accordance with the CAA, areas seeking to use the LMP approach
for maintenance must have an attainment plan that has been approved by
EPA. That LMP should clearly indicate that all controls that were
relied on to demonstrate attainment will remain in place. The July 21,
2021, LMP SIP submission identifies the control strategies approved
into the Liberty Borough area's attainment plan to bring the area into
compliance. These controls were approved into the Pennsylvania SIP as
permanent and enforceable measures and assisted the Liberty Borough
area in attaining the PM<INF>10</INF> NAAQS.\26\ These controls are to
remain in place for the duration of the second maintenance period.
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\26\ 61 FR 29664 (June 12, 1996) and 63 FR 32126 (June 12,
1998).
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The July 21, 2021 SIP submission meets EPA guidance for purposes of
an attainment emissions inventory, and the emissions inventory data
supports ACHD's conclusions that the existing control measures will
continue to protect and maintain the PM<INF>10</INF> NAAQS.
C. Maintenance Demonstration
ACHD provided a maintenance demonstration for the Liberty Borough
area in the first 10-year maintenance plan, which EPA approved on
September 11, 2003 (68 FR 53515). According to EPA's 2001
PM<INF>10</INF> LMP Option Memo, if an area qualifies for the LMP
option, EPA will treat that as a demonstration that the area will
maintain the NAAQS and that, consequently, there is no need to model
projected emissions over the maintenance period. Therefore, the Liberty
Borough area is exempt from projecting emissions levels through the end
date of the second 10-year maintenance plan.
D. Air Quality Monitoring Network
Once an area is redesignated, the applicable state or local agency
must continue to operate an appropriate air monitoring network in
accordance with 40 CFR part 58 to verify the attainment
[[Page 44243]]
status of the area. ACHD has operated PM<INF>10</INF> monitors
according to 40 CFR part 58 requirements at four sites within the
Liberty Borough area since submittal of the redesignation request in
2002. A description, as well as a map, of the four Liberty Borough area
PM<INF>10</INF> monitors can be found in ACHD's LMP plan.\27\ On
December 21, 2022, ACHD submitted its 2021 Annual Monitoring Network
Plan, which EPA approved on February 24, 2023.\28\ ACHD indicated in
the Liberty Borough area second 10-year maintenance plan that it will
continue to operate the air monitoring network in accordance with 40
CFR part 58 to verify the attainment status of the area, with no
changes to the existing network unless preapproved by EPA.
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\27\ Located in the docket for this proposed rulemaking. Docket
No. EPA-R03-OAR-2023-0219, <a href="http://www.regulations.gov">www.regulations.gov</a>.
\28\ EPA's approval letters for ACHD's past several Annual
Monitoring Network Plans are included in the docket for this
proposed rulemaking.
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E. Verification of Continued Attainment
The level of the PM<INF>10</INF> NAAQS is 150 [micro]g/m\3\, 24-
hour average concentration. The NAAQS is attained when the expected
number of days per calendar year with a 24-hour average concentration
above 150 [micro]g/m\3\ is equal to or less than one.\29\ As stated in
the previous section of this preamble, ACHD plans to continue to
operate a regulatory monitoring network and will continue to track the
attainment status of the Liberty Borough area for the PM<INF>10</INF>
NAAQS by reviewing monitored air quality concentrations during the
maintenance period through 2023. ACHD will also continue to operate the
air monitoring network in accordance with 40 CFR part 58 to verify the
attainment status of the area, with no changes to the existing network
unless pre-approved by EPA. Included in its second 10-year maintenance
plan SIP submission, ACHD evaluated the complete, quality-assured,
maximum 24-hour PM<INF>10</INF> concentrations at each Liberty Borough
area monitor from 2001-2020 to verify continued attainment of the
standard.
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\29\ See 40 CFR 50.6.
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F. Contingency Provisions
Section 175A of the CAA states that a maintenance plan must include
contingency provisions, as necessary, to ensure prompt correction of
any violation of the NAAQS which may occur after redesignation of the
area to attainment. As explained in the LMP Option Memo and the
Calcagni Memo, these contingency provisions are an enforceable part of
a federally approved SIP. The maintenance plan should clearly identify
the events that would ``trigger'' the adoption and implementation of a
contingency provision, the contingency provision(s) that would be
adopted and implemented, and the schedule indicating the time frame by
which the state and/or locality would adopt and implement the
provision(s). The LMP Option Memo and the Calcagni Memo state that EPA
will determine the adequacy of a contingency plan on a case-by-case
basis. At a minimum, it must require that the applicable state or local
agency implement all measures contained in the CAA part D nonattainment
plan for the area prior to redesignation.
In the Liberty Borough area PM<INF>10</INF> LMP, ACHD indicated
that the contingency provisions for the second 10-year maintenance plan
are identical the contingency measures included in the area's
attainment plan that was approved on September 8, 1998 (63 FR 47434).
The contingency provisions include a requirement that the USS MVW
Clairton Plant improve the capture of pushing emissions from its coke
batteries. Within 60 days after determination of a violation of the 24-
hour PM<INF>10</INF> NAAQS at any Liberty Borough area monitor, the
contingency measures will be implemented. No contingency provisions or
measures have been triggered at any time since the attainment plan SIP
was approved in 1998.
EPA proposes to determine that the contingency provisions submitted
in the Liberty Borough area PM<INF>10</INF> LMP are adequate to meet
CAA section 175A requirements and the contingency provisions as
outlined in the LMP Option Memo.
III. Proposed Action
EPA is proposing to approve the second 10-year PM<INF>10</INF>
limited maintenance plan for the Liberty Borough area. EPA has reviewed
the air quality data for this area and determined that it continues to
show attainment of the PM<INF>10</INF> NAAQS and meets all the LMP
requirements as described in this action. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action. If finalized, EPA's approval
of this LMP will satisfy the section 175A CAA requirements for
PM<INF>10</INF> for the second 10-year maintenance period for the
Liberty Borough area.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<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 an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<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; and
<bullet> Executive Order 12898 (Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to
identify and address ``disproportionately high and adverse human health
or environmental effects'' of their actions on minority populations and
low-income populations to the greatest extent practicable and permitted
by law. EPA defines environmental justice (E.J.) as ``the fair
treatment and meaningful involvement of all people regardless of race,
color,
[[Page 44244]]
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The ACHD did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an E.J. analysis and did not consider E.J. in this proposed
rulemaking. Due to the nature of the proposed action being taken here,
this proposed rulemaking is expected to have a neutral to positive
impact on the air quality of the affected area.
In addition, this proposed rulemaking, regarding the second 10-year
maintenance plan for the Liberty Borough PM<INF>10</INF> area, does not
have tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because the SIP is not approved to apply in
Indian country located in the State, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-14645 Filed 7-11-23; 8:45 am]
BILLING CODE 6560-50-P
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