Rule2023-19286
Air Plan Approval; Pennsylvania; Liberty Borough Area Second 10-Year PM10 Limited Maintenance Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 11, 2023
Effective
October 11, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving into the Pennsylvania state implementation plan (SIP), a limited maintenance plan (LMP) submitted by the Commonwealth of Pennsylvania's 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 coarse particulate matter, particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM<INF>10</INF>). A 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 has determined that ACHD's second maintenance plan meets applicable CAA requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 174 (Monday, September 11, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Rules and Regulations]
[Pages 62293-62295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19286]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0219; FRL-8813-02-R3]
Air Plan Approval; Pennsylvania; Liberty Borough Area Second 10-
Year PM10 Limited Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving into
the Pennsylvania state implementation plan (SIP), a limited maintenance
plan (LMP) submitted by the Commonwealth of Pennsylvania's 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 coarse
particulate matter, particulate matter with an aerodynamic diameter
less than or equal to a nominal 10 micrometers (PM<INF>10</INF>). A 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 has determined that ACHD's second maintenance plan meets
applicable CAA requirements.
DATES: This final rule is effective on October 11, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2023-0219. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
[[Page 62294]]
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, 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) 814-5787. Ms. Schmitt can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#92e1f1fafffbe6e6bcf7fefef7fcd2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="205343484d4954540e454c4c454e604550410e474f56">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On July 21, 2021, EPA received from PADEP, on behalf of ACHD, a
revision to the Commonwealth's SIP for the Liberty Borough area.\1\ The
SIP revision is a PM<INF>10</INF> LMP for the Liberty Borough area and
fulfills the second 10-year planning requirement of CAA section 175A to
ensure the area is compliant with the 1987 24-hour PM<INF>10</INF>
national ambient air standard (NAAQS or standard) through 2033.\2\
---------------------------------------------------------------------------
\1\ In its SIP submission, ACHD refers to the area at issue as
the Liberty-Clairton area. In this final rule document as well as in
the associated proposed rulemaking action, 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>) nonattainment
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 47493 (September 8, 1998) and 68 FR 53515 (September
11, 2003).
\2\ The first 10-year maintenance period for the Liberty Borough
area ended in 2013 and the second 10-year maintenance plan, which is
the subject of this final rule document, extends through 2023.
---------------------------------------------------------------------------
The LMP relies upon control measures contained in 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> NAAQS. The Liberty Borough area has been meeting the
PM<INF>10</INF> standard for many years and was redesignated to
attainment on September 11, 2003 (68 FR 53515) with an approved 10-year
PM<INF>10</INF> maintenance plan.
On July 12, 2023 (88 FR 44237), EPA published a notice of proposed
rulemaking (NPRM), approving the Commonwealth's July 2021
PM<INF>10</INF> LMP SIP submittal. The reasons for our approval are
included in our July 2023 proposal and will not be restated here. The
public comment period for our proposed action closed on August 11,
2023. We received no public comments. Therefore, we are finalizing our
action as proposed.
II. Final Action
In this final action, EPA is approving the second 10-year
PM<INF>10</INF> LMP for the Liberty Borough area as a revision to the
Pennsylvania SIP, which the Agency received as a submittal on July 21,
2021. EPA's approval of the Liberty Borough area LMP satisfies CAA
section 175A requirements for the 24-hour PM<INF>10</INF> NAAQS for the
second 10-year maintenance period for the Liberty Borough area.
III. Statutory and Executive Order Reviews
A. General Requirements
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 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); and
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
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).
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 (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
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.''
ACHD and PADEP 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 EJ analysis and did not consider EJ
in this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule
[[Page 62295]]
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for 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 November 13, 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 finalizing the second 10-year maintenance plan for
the Liberty Borough PM<INF>10</INF> area may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
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.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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 (copyright)(1) is amended
by revising the entry for ``PM<INF>10</INF> Maintenance Plan'' to read
as follows:
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
PM10 Maintenance Plan............ Allegheny County-- 9/14/02 9/11/03, 68 FR 52.2063(c)(215).
Clairton PM10 53515.
nonattainment area.
7/21/21 9/11/23, [Insert Limited maintenance
Federal Register plan covering the
Citation]. second 10-year
period through
2023.
``Allegheny
County'' is the
designated name
for this area
under 40 CFR
81.339, but it has
also been referred
to as the
``Liberty Borough
area'' in numerous
regulatory
actions.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2059 is amended by adding paragraph (z) to read as
follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(z) EPA approves the limited maintenance plan for the second 10-
year maintenance period for the PM<INF>10</INF> Liberty Borough area in
Allegheny County.
[FR Doc. 2023-19286 Filed 9-8-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.