Proposed Rule2024-28536
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
Primary source
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Published
December 11, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision and redesignation request submitted on November 14, 2023, by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD). The SIP revision asks the EPA to redesignate the Allegheny County, Pennsylvania area from nonattainment to attainment for the 2010 1-hour primary sulfur dioxide (SO<INF>2</INF>) national ambient air quality standard (NAAQS). The revision also asks the EPA to approve into the SIP Allegheny County's maintenance plan for the 2010 1-hour primary SO<INF>2</INF> standard for the Allegheny County area. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 238 (Wednesday, December 11, 2024)</title>
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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Proposed Rules]
[Pages 99790-99799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28536]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2024-0316; FRL-11777-01-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: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision and redesignation
request submitted on November 14, 2023, by the Pennsylvania Department
of Environmental Protection (PADEP) on behalf of the Allegheny County
Health Department (ACHD). The SIP revision asks the EPA to redesignate
the Allegheny County, Pennsylvania area from nonattainment to
attainment for the 2010 1-hour primary sulfur dioxide (SO<INF>2</INF>)
national ambient air quality standard (NAAQS). The revision also asks
the EPA to approve into the SIP Allegheny County's maintenance plan for
the 2010 1-hour primary SO<INF>2</INF> standard for the Allegheny
County area. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before January 10, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0316 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#790d1815151c00571d180f101d391c0918571e160f"><span class="__cf_email__" data-cfemail="4337222f2f263a6d2722352a27032633226d242c35">[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, the 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. The 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: 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
<a href="/cdn-cgi/l/email-protection#b6dbd5d1c3dfc4d398c6dedfdadfc6f6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="b1dcd2d6c4d8c3d49fc1d9d8ddd8c1f1d4c1d09fd6dec7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
A. Nonattainment Designation
On June 22, 2010, the EPA revised the primary SO<INF>2</INF> NAAQS,
establishing a new 1-hour primary standard of 75 parts per billion
(ppb).\1\ Under the EPA's regulations at title 40 of the Code of
Federal Regulations (CFR) part 50, the 2010 1-hour SO<INF>2</INF> NAAQS
is met at a monitoring site when the 3-year average of the annual 99th
percentile of daily maximum 1-hour average concentrations is less than
or equal to 75 ppb (based on the rounding convention in 40 CFR part 50,
appendix T).\2\ Ambient air quality monitoring data for the 3-year
period must meet a data completeness requirement. A year meets data
completeness requirements when all four quarters are complete, and a
quarter is complete when at least 75 percent of the sampling days for
each quarter have complete data. A sampling day has complete data if 75
percent of the hourly concentration values, including State-flagged
data affected by exceptional events which have been approved for
exclusion by the Administrator, are reported.\3\
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\1\ 75 FR 35520, June 22, 2010.
\2\ 40 CFR 50.17.
\3\ 40 CFR part 50, appendix T, section 3(b).
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Upon promulgation of a new or revised NAAQS, the CAA requires the
EPA to designate as nonattainment any area that does not meet (or that
contributes to ambient air quality in a nearby area that does not meet)
the NAAQS.\4\ On August 5, 2013, the EPA designated a portion of
Allegheny County, Pennsylvania (hereafter the ``Allegheny County
NAA''), as nonattainment for the 2010 1-hour primary SO<INF>2</INF>
NAAQS, effective October
[[Page 99791]]
4, 2013.\5\ The designation was based on violating air quality
monitoring data for calendar years 2009-2011. The Allegheny County NAA
consists of 22 municipalities including: the 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, and North Versailles Township.\6\
This action established an attainment date five years after the
effective date for the areas designated as nonattainment for the 2010
SO<INF>2</INF> NAAQS (i.e., by October 4, 2018). The Commonwealth was
also required to submit an attainment SIP revision for the Allegheny
County NAA to the EPA that meets the requirements of CAA sections 110,
172(c) and 191-192 within 18 months following the October 4, 2013,
effective date of designation (i.e., by April 6, 2015).
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\4\ CAA section 107(d)(1)(A)(i).
\5\ 78 FR 47191, August 5, 2013.
\6\ A list of Pennsylvania's attainment status designations is
available at 40 CFR 81.339.
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B. Relevant Historical SIP Actions
The EPA did not receive an attainment SIP revision for the
Allegheny County NAA by the April 6, 2015 deadline and subsequently on
March 18, 2016, the EPA published a finding of failure to submit
indicating that Pennsylvania did not submit the required SO<INF>2</INF>
attainment plan.\7\ This finding initiated a clock under CAA section
179(a) for the potential imposition of new source review sanctions 18
months after the effective date of the finding and the potential
imposition of highway funding sanctions 6 months following that, in
accordance with CAA section 179(b) and 40 CFR 52.31. Additionally,
under CAA section 110(c), the finding triggered a requirement for the
EPA to promulgate a Federal implementation plan (FIP) within two years
of the effective date of the finding unless, by that time, Pennsylvania
made the necessary complete submittal, and the EPA approved the
submittal.
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\7\ 81 FR 14736, March 18, 2016.
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Pursuant to Pennsylvania's October 3, 2017 attainment plan
submittal, and the EPA's October 6, 2017 letter to Pennsylvania finding
the submittal complete and noting the stopping of the sanctions'
deadline, these CAA section 179(b) sanctions were not imposed as
Pennsylvania did not miss the original deadline.\8\ The EPA proposed
approving the SIP revision submittal on November 19, 2018,\9\ and
issued a final approval on April 23, 2020.\10\ This approval ended the
requirement for the EPA to promulgate a FIP under CAA section 110(c).
On November 14, 2023, PADEP, on behalf of ACHD, submitted a revision to
its SIP for the inclusion of a maintenance plan for the 2010 1-hour
primary SO<INF>2</INF> NAAQS and requested a concurrent redesignation
of the Allegheny County NAA to attainment for the 2010 1-hour primary
SO<INF>2</INF> NAAQS.
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\8\ Both the 2017 attainment plan submittal and EPA completeness
letter are available in the docket for this action and are titled
Allegheny County September 2017 Attainment Demonstration and EPA
Letter of Completeness dated October 6, 2017, respectively.
\9\ 83 FR 58206, November 19, 2018.
\10\ 85 FR 22593, April 23, 2020.
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C. Redesignation to Attainment Criteria
After a State has submitted a redesignation request for a
nonattainment area, the EPA must assess if the statutory criteria
identified in CAA section 107(d)(3)(E) have been met to redesignate the
area to attainment. These conditions include: (1) the EPA has
determined that the applicable NAAQS has been attained; (2) the
applicable SIP has been fully approved by the EPA under CAA section
110(k); (3) the EPA has determined that the improvement in the area's
air quality is due to permanent and enforceable reductions in
emissions; (4) the area has a fully approved maintenance plan,
including a contingency plan, under CAA section 175A; and (5) the State
has met all applicable requirements for the area under CAA section 110
and part D. The EPA has provided direction for how it would consider if
these conditions have been met in the April 23, 2014 memorandum
``Guidance for 1-Hour SO<INF>2</INF> Nonattainment Area SIP
Submissions'' (2014 SO<INF>2</INF> Guidance).\11\
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\11\ Available in the docket for this action as
2014_SO2_Guidance and at <a href="http://www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf">www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf</a>.
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D. Maintenance Plan Approval Criteria
CAA section 175A and additional EPA guidance, including the
September 4, 1992 memorandum ``Procedures for Processing Requests to
Redesignate Areas to Attainment'' (Calcagni Memo),\12\ identify the
required elements for an approvable maintenance plan for areas seeking
redesignation from nonattainment to attainment. Under CAA section 175A,
the plan must demonstrate continued attainment of the applicable NAAQS
for at least 10 years after the EPA approves a redesignation request to
attainment. Eight years after the redesignation, the State must submit
a revised maintenance plan demonstrating that attainment will continue
to be maintained for an additional 10 years following the initial 10-
year period. To address the possibility of future NAAQS violations, the
maintenance plan must contain contingency measures, as the EPA deems
necessary, to assure prompt correction of any future 2010 1-hour
SO<INF>2</INF> violations. The Calcagni Memo provides further guidance
on the content of a maintenance plan, explaining that a maintenance
plan should address five requirements: (1) an attainment emissions
inventory that identifies the level of emissions in the area which is
sufficient to attain the NAAQS; (2) a maintenance demonstration that
shows future emissions of a pollutant will not exceed the level of the
attainment inventory; (3) the continued operation of a monitoring
network that conforms to 40 CFR part 58; (4) a means for verifying the
continued attainment of the NAAQS; and (5) a contingency plan to
correct any violation of the NAAQS in the area following redesignation
of the area.
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\12\ Available in the docket for this action as Calcagni Memo
and 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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II. Summary of SIP Revision and EPA Analysis
The EPA's evaluation of Pennsylvania's redesignation request and
maintenance plan is based on consideration of the five redesignation
criteria provided under CAA section 107(d)(3)(E) and relevant guidance,
including the aforementioned 2014 SO<INF>2</INF> Guidance and Calcagni
Memo.
A. Criterion (1)--The Allegheny County SO2 Nonattainment Area Has
Attained the 2010 1-Hour SO2 NAAQS
CAA section 107(d)(3)(E)(i) requires that the EPA determine if a
nonattainment area has attained the applicable NAAQS in order to
redesignate the area to attainment. In assessing if the area has
attained the NAAQS, the 2014 SO<INF>2</INF> Guidance stipulates that
the EPA can interdependently consider two components to support an
attainment
[[Page 99792]]
determination: air quality monitoring data and air quality modeling
data.\13\
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\13\ See 2014 SO<INF>2</INF> Guidance, at 62.
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The Allegheny County NAA contains two operational SO<INF>2</INF>
monitor sites: the Liberty site (Air Quality System (AQS) Site ID 42-
003-0064) and the North Braddock site (AQS Site ID 42-003-1301). The
Liberty monitor is located centrally within the Allegheny County NAA
and has been in operation since 1969, while the North Braddock monitor
is located in the northern segment of the Allegheny County NAA and has
been in operation since 2014. Both monitors have been in attainment of
the 2010 1-hour primary SO<INF>2</INF> NAAQS since the 2019-2021
period, with Liberty recording a design value of 63 ppb for the 2021-
2023 period and North Braddock recording a design value of 54 ppb for
the 2021-2023 period.\14\ Design values for the past 10 years are
reported in Table 1 in this document. Although both monitors are
currently in attainment of the NAAQS, prior analysis has determined
that neither of these monitoring sites are located in the area of
maximum concentration,\15\ and as such, additional air quality modeling
is generally needed to estimate SO<INF>2</INF> concentrations within
the area.
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\14\ Design values are calculated by computing the three-year
average of the annual 99th percentile daily maximum 1-hour average
concentrations. An SO<INF>2</INF> 1-hour primary standard design
value is valid if it encompasses three consecutive calendar years of
complete data. The data completeness requirements were previously
described in the Nonattainment Designation section I.A. of this
document above.
\15\ See Allegheny County EPA Modeling TSD at pp. 16-17,
available in the docket for this action.
Table 1--2014-2023 SO2 Design Values for Allegheny County Nonattainment Area Monitor Sites
[Parts per billion]
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Monitor site 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019 2018-2020 2019-2021 2020-2022 2021-2023
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Liberty......................... 101 99 94 97 103 109 85 59 56 63
North Braddock *................ 89 71 64 55 61 63 64 58 56 54
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* North Braddock design values from the 2012-2014 and 2013-2015 periods are comprised of less than three years of data as the monitor began operating in
2014.
Pennsylvania's 2017 attainment plan contained an attainment
demonstration which utilized allowable SO<INF>2</INF> emission limits
from stationary sources within the Allegheny County NAA to inform
several modeling analyses for SO<INF>2</INF> emissions.\16\ These
modeling analyses were based on emissions limits for large, stationary
sources of SO<INF>2</INF>, which, if enacted, would ensure that the
Allegheny County NAA would attain the 2010 1-hour primary
SO<INF>2</INF> NAAQS. The 2014 SO<INF>2</INF> Guidance states that the
EPA may make a determination of attainment based on this attainment
plan modeling, eliminating the need for separate actual emissions-based
modeling to support a redesignation request--provided that the source
characteristics are still reasonably represented.\17\ The source
characteristics are still reasonably represented \18\ and from 2020-
2021, large, stationary SO<INF>2</INF> sources \19\ within the
Allegheny County NAA were meeting their allowable emission limits for
attainment.\20\ As such, the 2017 attainment demonstration modeling
submitted by Pennsylvania will allow for the EPA's determination of
attainment. The 2014 SO<INF>2</INF> Guidance further states that a
demonstration that the control strategy in the SIP has been fully
implemented will also be pertinent for making the determination of
attainment.\21\ Pennsylvania has submitted information detailed in its
redesignation request and maintenance plan to confirm that the control
strategy outlined in the SIP has been fully implemented. The specific
measures identified in the control strategy include upgrades to the
Vacuum Carbonate Unit equipment at the U.S. Steel (USS) Clairton Plant,
the implementation of a tail gas recycling project at the USS Clairton
Plant, and a new stack and combined flue system for select boilers at
the USS Edgar Thomson Plant.\22\ Additionally, lower permitted
SO<INF>2</INF> emission rates were implemented for nearly all processes
at the primary stationary SO<INF>2</INF> sources in the Allegheny
County NAA, including the USS Clairton Plant, the USS Edgar Thomson
Plant, the USS Irvin Plant, and Harsco Metals. These implemented,
permanent and federally enforceable control measures have aided in
reducing the actual total emissions from large, stationary USS
SO<INF>2</INF> sources to 2,373 tons per year (as of 2021),\23\ which
is below the revised total emissions limits proposed for USS facilities
in the 2017 attainment demonstration modeling (2,669 tons per
year),\24\ thus contributing to bringing the Allegheny County NAA into
attainment.
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\16\ See Allegheny County September 2017 Attainment
Demonstration.
\17\ See 2014 SO2 Guidance, at 50.
\18\ See ACHD_Email_Source_Characteristics, available in the
docket for this action.
\19\ Large, stationary sources specifically include US Steel
Clairton, US Steel Edgar Thomson, and US Steel Irvin, which
collectively account for over 99% of all point source SO<INF>2</INF>
emissions within the Allegheny County NAA.
\20\ See Allegheny County September 2017 Attainment
Demonstration, at 15, and ACHD_SO2_RR_and_MP_App_B_Emissions_Inv, at
2, available in the docket for this action.
\21\ See supra Note 17.
\22\ See ACHD_SO2_RR_and_MP, at 15.
\23\ See ACHD_SO2_RR_and_MP_App_B_Emissions_Inv, at 2.
\24\ See Allegheny County September 2017 Attain_Demo_App_D, at
2, available in the docket for this action.
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In this action, the EPA proposes to find that the air quality
monitoring data and air quality modeling data demonstrate that the
Allegheny County NAA has attained the 2010 1-hour primary
SO<INF>2</INF> NAAQS.
B. Criterion (2)--Pennsylvania Has a Fully Approved SIP Under Section
110(k)
CAA section 107(d)(3)(E)(ii) requires that the EPA fully approve
the applicable implementation plan for the area under CAA section
110(k) in order to redesignate that area to attainment. The EPA has
fully approved the applicable Pennsylvania SIP for the Allegheny County
NAA under section 110(k) of the CAA for all requirements applicable for
purposes of redesignation. An area cannot be redesignated to attainment
if a required element of the SIP is the subject of a disapproval; a
finding of failure to submit, or failure to implement the SIP; or a
partial, conditional, or limited approval.\25\ The 2017 attainment plan
SIP was initially proposed for EPA approval on November 19, 2018 \26\
and received final EPA approval on April 23, 2020.\27\ The approved
elements from the 2017 attainment plan include a 2011 base year
emissions inventory, a control strategy and air quality modeling
demonstration, a reasonable available control measures/reasonably
available control technology (RACM/RACT)
[[Page 99793]]
analysis, a reasonable further progress (RFP) analysis, contingency
measures, and nonattainment new source review (NNSR) regulations.
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\25\ See 2014 SO2 Guidance, at 64.
\26\ 83 FR 58206, November 19, 2018.
\27\ 85 FR 22593, April 23, 2020.
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C. Criterion (3)--The Air Quality Improvement in the Allegheny County
SO2 Nonattainment Area Is Due to Permanent and Enforceable Reductions
in Emissions
For redesignating a nonattainment area to attainment, CAA section
107(d)(3)(E)(iii) requires the EPA to determine that the air quality
improvement in the area is due to permanent and enforceable reductions
in emissions resulting from implementation of the SIP, applicable
Federal air pollution control regulations, and other permanent and
enforceable reductions. The EPA proposes to find that Pennsylvania has
demonstrated that the requirements of CAA section 107(d)(3)(E)(iii)
have been met.
Specifically, the implementation of multiple permanent and
federally enforceable control measures at stationary point sources of
SO<INF>2</INF> identified in the EPA-approved 2017 attainment
demonstration aided in a substantial decrease in SO<INF>2</INF>
emissions, and consequently lower SO<INF>2</INF> concentrations in the
Allegheny County NAA. These measures include upgrades to the Vacuum
Carbonate Unit equipment at the USS Clairton Plant, the implementation
of a tail gas recycling project at the USS Clairton Plant, and a new
stack and combined flue system for select boilers at the USS Edgar
Thomson Plant. Furthermore, the Guardian Glass Plant ceased operations
in August 2015 and its operating permit was terminated in November
2015.\28\ The Calcagni Memo states that ``[e]mission reductions from
source shutdowns can be considered permanent and enforceable to the
extent that those shutdowns have been reflected in the SIP and all
applicable permits have been modified accordingly,'' and therefore the
Guardian shutdown is considered permanent and enforceable.\29\ Any
future operations at this location would require a new permit and a new
source evaluation, as described in ACHD Article XXI, sections 2102.04
and 2103.13.\30\ Additionally, Emissions Reductions Credits for
SO<INF>2</INF> were not requested for the Guardian Glass Plant,
preventing the transfer or sale of associated emission credits to
another entity in Pennsylvania or some surrounding states.
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\28\ Documentation of this closure is in Guardian_closure-App_J,
available in the docket for this action.
\29\ See Calcagni Memo, at 10.
\30\ See Allegheny_County_Article_XXI, available in the docket
for this action and at www.alleghenycounty.us/files/assets/county/v/
1/government/health/documents/air-quality/article-21-air-pollution-
control.pdf.
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Allegheny County also established lower SO<INF>2</INF> emissions
limits for nearly all processes at the USS facilities in the Allegheny
County NAA, including USS Clairton, USS Edgar Thomson, and USS Irvin,
as well as the Harsco (Braddock Recovery) facility, located on the
property of USS Edgar Thomson. These emissions limits are embedded in
the installation permits issued by ACHD for these facilities and are
federally enforceable as they have been approved into Pennsylvania's
SIP, and they are permanent because they cannot be altered without an
additional SIP submittal.\31\ Details on the imposed emissions limits
were included as copies of the installation permits in Appendix K of
the 2017 attainment plan submittal and are available in the docket for
this action.\32\
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\31\ 85 FR 22593, April 23, 2020 and 40 CFR 52.2020(d)(3).
\32\ See Installation_Permits_with_emission_limits-App_K,
available in the docket for this action.
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Collectively, the implemented controls and lower permitted
SO<INF>2</INF> emissions rates resulted in an actual decrease of 835
tons of SO<INF>2</INF> emitted per year from 2011 to 2017. This is
approximately a 25% reduction from 2011 levels of 3,418 tons of
SO<INF>2</INF> emitted per year.\33\ As this reduction comes from EPA-
approved SIP controls and permit-controlled emission limits, the EPA
finds the air quality improvement in the Allegheny County NAA to be due
to permanent and enforceable reductions in emissions.
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\33\ See ACHD_SO2_RR_and_MP, at 16.
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D. Criterion (4)--The Allegheny County SO2 Nonattainment Area Has a
Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA
To redesignate a NAA to attainment, CAA section 107(d)(3)(E)(iv)
requires the EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA. In conjunction
with its request to redesignate the Allegheny County NAA to attainment
for the 2010 1-hour primary SO<INF>2</INF> NAAQS, the State submitted a
SIP revision to provide for the maintenance of the 2010 1-hour primary
SO<INF>2</INF> NAAQS for at least 10 years after the effective date of
redesignation to attainment. The EPA is proposing to find that this
maintenance plan meets the requirements for approval under section 175A
of the CAA.
1. What is required in a maintenance plan?
CAA section 175A sets forth the elements of a maintenance plan.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation request to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for an
additional 10 years following the initial 10-year period. To address
the possibility of future NAAQS violations, the maintenance plan must
contain contingency measures as the EPA deems necessary to assure
prompt correction of any future 2010 1-hour primary SO<INF>2</INF>
NAAQS violations. The Calcagni Memo provides further guidance on the
content of a maintenance plan, explaining that a maintenance plan
should address five requirements: the attainment emissions inventory,
maintenance demonstration, monitoring, verification of continued
attainment, and a contingency plan.\34\ As is discussed more fully
later in this section, the EPA is proposing to determine that
Pennsylvania's maintenance plan meets the requirements in CAA section
175A and is thus proposing to approve it as a revision to the Allegheny
County portion of the Pennsylvania SIP.
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\34\ See Calcagni Memo, at pp. 8-12.
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2. Attainment Emissions Inventory
In a maintenance plan, states are required to submit an emissions
inventory to identify the level of emissions in the area which is
sufficient to attain and maintain the SO<INF>2</INF> NAAQS, which is
called the attainment inventory. This inventory is used as the basis
for future, projected emission inventories that are used to show the
area will remain in attainment. Pennsylvania submitted a 2017
SO<INF>2</INF> emissions inventory as the attainment inventory with its
maintenance plan. The year 2017 was selected because it was the first
year in which emissions were at levels required to demonstrate
attainment of the 2010 SO<INF>2</INF> NAAQS, with the exception of
emissions associated with malfunctions of the desulfurization facility
at the USS Clairton Plant. Additionally, 2017 was a year in which a
fully reviewed National Emission Inventory (NEI) was released. The NEI
is a comprehensive, triennial estimate of emissions. Generally, the
[[Page 99794]]
attainment year is selected as a year within the attaining design value
period (i.e., 2019-2021). However, alternate years from 2018-2022 were
less ideal than 2017 for the attainment year for a variety of factors,
including excess emissions from sources due to equipment breakdowns,
atypical emissions during the COVID pandemic, and incomplete emissions
compilations for recent years. Additional details for choosing 2017 as
the attainment year are available in the submitted redesignation
request.\35\
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\35\ See ACHD_SO2_RR_and_MP, at 19.
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For the 2017 attainment year inventory, Pennsylvania directly used
point and area source emissions reported in the 2017 NEI, except for
corrections identified in Appendix B of the submitted redesignation
request.\36\ The point source emissions for the Allegheny County NAA
were verified against the EPA's emissions inventory system (EIS) and
the EPA found them to be acceptable.\37\ Area source emissions were
estimated based on the relative percentage of the Allegheny County
population residing in the Allegheny County NAA and the resulting
factor allocated the appropriate fraction of the County's total
emissions to the Allegheny County NAA.
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\36\ See ACHD_SO2_RR_and_MP_App_B_Emissions_Inv, at pp. 1-2.
\37\ See EI_TSD_ACHD_SO2_RR_and_MP, available in the docket for
this action.
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Nonroad and onroad mobile source emissions for 2017 were obtained
from the EPA's Motor Vehicle Emissions Simulator (MOVES) model,
specifically the MOVES3 version. PADEP executed the MOVES3 modeling
runs for nonroad mobile sources and utilized a contractor to run the
model for onroad mobile source emissions.
Natural SO<INF>2</INF> emission sources, such as fires and
biogenics, were also compiled. Fire emissions data was pulled from the
EPA's Fires \38\ inventory, while biogenic emissions from soils and
vegetation were predicted by the Biogenic Emission Inventory System
\39\ (BEIS) model.
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\38\ EPA Fires: <a href="http://www3.epa.gov/ttn/chief/ap42/ch13/related/firerept.pdf">www3.epa.gov/ttn/chief/ap42/ch13/related/firerept.pdf</a>.
\39\ EPA BEIS: <a href="http://www.epa.gov/air-emissions-modeling/biogenic-emission-inventory-system-beis">www.epa.gov/air-emissions-modeling/biogenic-emission-inventory-system-beis</a>.
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Projection inventories predicted from the attainment inventory
demonstrate that the area will continue to remain in attainment during
the maintenance period. Pennsylvania developed 2026 and 2035 emission
projections for the interim and maintenance plan end year,
respectively. Projected emissions for these years--as well as the base
year inventory--are available in Table 2 in this document. Projected
emissions for point and area sources were estimated from the 2017 base
year emissions and growth factors developed by the Mid-Atlantic
Regional Air Management Association, Inc., and other sources. These
growth factors are developed based on forecasts from various databases
and tools, including the Energy Information Administration's Annual
Energy Outlook 2022, Pennsylvania Industry Employment 2018-2028 Long-
Term Projections, National Inventory Collaborative 2016v1 Emissions
Modeling Platform, and the Federal Aviation Administration's Terminal
Area Forecast. Projected emissions were subject to the same corrections
utilized in the 2017 base year inventory for consistency. Furthermore,
point sources with implemented enforceable controls or shutdowns since
the 2017 base year were excluded from the 2026 and 2035 projections.
Specifically, the Koppers Clairton tar refining facility ceased
operation in 2017 and its permit expired in 2021. Additionally, Coke
Batteries 1, 2, and 3 at the USS Clairton Plant ceased operation in
March 2023. Conversely, projections for the 2026 and 2035 inventories
included the permitted plantwide SO<INF>2</INF> emissions limit of
23.89 tons/year for a new major source facility--the Invenergy
Allegheny Energy Center. However, the permit for this facility was
terminated on November 9, 2023,\40\ and construction of this facility
is not expected to proceed at this time. As such, the actual emissions
in 2026 and 2035 should be even lower than the anticipated values
reported in the maintenance year projections. Nonroad and onroad mobile
source emissions for the projected years 2026 and 2035 were also
obtained from the MOVES3 version. MOVES3 modeling runs were once again
executed by PADEP for nonroad mobile source emissions and by the
contractor for onroad mobile source emissions. Additional details on
some of the assumptions and inputs to the model are available in the
redesignation request and its associated Appendix B.\41\ Fire and
biogenic sources are typically not projected for future case scenarios
and therefore emissions were held constant from 2017 to 2026 and 2035.
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\40\ See Allegheny County Energy Center Termination Letter,
available in the docket for this action.
\41\ See ACHD_SO2_RR_and_MP, at 22 and
ACHD_SO2_RR_and_MP_App_B_Emissions_Inv.
Table 2--Emissions Inventories for the Allegheny County Nonattainment Area
[Tons per year]
----------------------------------------------------------------------------------------------------------------
2017 Actual 2026 Projected 2035 Projected
Sector emissions (base emissions (interim emissions
year) year) (maintenance year)
----------------------------------------------------------------------------------------------------------------
Point Sources..................................... 2,556 2,511 2,472
Area Sources...................................... 22 26 27
Nonroad Mobile Sources............................ 0 0 0
Onroad Mobile Sources............................. 5 2 2
Fires............................................. 0 0 0
Biogenics......................................... 0 0 0
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Total......................................... 2,583 2,539 2,501
----------------------------------------------------------------------------------------------------------------
3. Maintenance Demonstration
The Calcagni memo describes two ways for a State to demonstrate
maintenance of the NAAQS for a period of at least 10 years following
the redesignation of the area: (1) the State can show that future
emissions of a pollutant will not exceed the level of the attainment
inventory, or (2) the State can model to show that the future mix of
sources and emission rates will not cause a violation of the
standard.\42\ Pennsylvania's projected actual emissions for the interim
year of 2026 and for the maintenance year of 2035
[[Page 99795]]
are both below the total attainment inventory, which is acceptable for
showing maintenance in the Allegheny County NAA.
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\42\ See Calcagni Memo, at 9.
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4. Monitoring Network
The 2014 SO<INF>2</INF> Guidance indicates that once an area has
been redesignated to attainment, the state should continue to operate
an appropriate air quality monitoring network as provided under 40 CFR
part 58 to verify the attainment status of the area. ACHD has committed
to continued operation of its SO<INF>2</INF> monitoring network in the
Allegheny County NAA to verify the attainment status. Also, ACHD will
continue to submit an annual monitoring network plan to the EPA for
approval, in accordance with 40 CFR 58.10. No changes will be made to
the existing network unless pre-approved by the EPA.
5. Verification of Continued Attainment
The 2014 SO<INF>2</INF> Guidance states that each air agency should
ensure that it has the legal authority to implement and enforce all
measures necessary to attain and maintain the 2010 SO<INF>2</INF>
NAAQS. The air agency's submittal should indicate how it will track the
progress of the maintenance plan for the area either through air
quality monitoring or modeling.
Article XXI, section 2101.07(a) grants the ACHD legal authority to
implement and enforce all measures necessary to maintain the 2010 1-
hour primary SO<INF>2</INF> NAAQS. In addition, ACHD has indicated it
will track the progress of the maintenance plan through an integrated
approach utilizing monitoring data and emissions inventories.
As previously indicated, ACHD will continue to operate its
SO<INF>2</INF> monitoring network to verify the attainment status of
the Allegheny County NAA. Monitored concentrations will serve as the
primary indicator for verifying continued attainment and will also act
as the triggering mechanism for contingency measures.
ACHD will also use emissions inventories--developed annually by
ACHD for point sources and triennially by PADEP for area and mobile
sources--and compare these inventories to the 2017 attainment inventory
for assessing continued attainment. It is anticipated that future
inventories will remain below the levels of the attainment inventory.
However, if future inventories exceed the attainment inventory levels,
ACHD will conduct a study to evaluate if the increased emissions have
caused increased monitored concentrations within the Allegheny County
NAA and, if so, ACHD will determine if any additional emission control
measures should be enacted. Emissions data will not serve as a
triggering mechanism for contingency measures for two reasons.
Primarily, increased emissions may not directly affect monitored
concentrations, as SO<INF>2</INF> concentrations can be impacted by
meteorological conditions. Additionally, emissions inventory reporting
is slower than monitoring data reporting, and the use of emissions data
as a contingency initiator would not provide for a prompt response to
any potential NAAQS violations.
Under ACHD's new source review program, any major new sources or
modifications to existing sources that would affect emissions must
provide a modeling demonstration that illustrates new emissions will
not cause or contribute to a violation of the 2010 1-hour primary
SO<INF>2</INF> NAAQS, as described in ACHD Article XXI, section
2102.04(b). ACHD will not approve any modifications that would lead to
expected violations of the 2010 1-hour primary SO<INF>2</INF> NAAQS in
the Allegheny County NAA.
The EPA proposes to find that these proposed measures will provide
for verifying continued attainment within the Allegheny County NAA.
6. Contingency Measures
Section 175A(d) of the CAA requires that a maintenance plan include
such contingency measures as the EPA deems necessary to assure that the
State will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the State. A State
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must also include a requirement that a State will continue to implement
all measures with respect to control of the pollutant that were
contained in the SIP before redesignation of the area to attainment.
ACHD has committed to continuing implementation of all measures
indicated in the SIP after redesignation of the Allegheny County
NAA.\43\ Furthermore, ACHD has identified triggering indicators for its
contingency measures, a schedule for implementing these potential
measures, and has specified multiple potential options to correct any
NAAQS violation.\44\
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\43\ See ACHD_SO2_RR_and_MP, at 27.
\44\ See ACHD_SO2_RR_and_MP, at 28-31.
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Fully validated and quality assured SO<INF>2</INF> monitoring data
will serve as the primary trigger for any responses to prevent or
correct a NAAQS violation in the Area. ACHD has established both
warning level and action level responses with specific triggering
indicators for each.
Warning level responses are sub-divided into two tiers. A first-
level warning will occur when the 99th percentile daily maximum 1-hour
SO<INF>2</INF> concentration exceeds 75 ppb at any monitor site in the
Allegheny County NAA in a single calendar year. This first-level
warning will prompt an ACHD study to determine if the trigger indicates
a trend toward increasing SO<INF>2</INF> concentrations in the
Allegheny County NAA. If there seems to be a rising trend in
SO<INF>2</INF> concentrations, the study will examine if the trend is
likely to continue and if so, the needed measures that could reverse
the trend. A second-level warning will occur when the average of two
consecutive years of 99th percentile daily maximum 1-hour
SO<INF>2</INF> concentrations exceeds 75 ppb at any monitor in the
Allegheny County NAA. This second-level warning will result in ACHD
evaluating the chance of a violation of the NAAQS and the need for
supplemental control measures to be activated. Both first- and second-
level warnings will allow for ACHD to consider the early adoption of
measures to permit the expeditious implementation of these measures in
the event of a NAAQS violation. This early adoption could allow for
implementation of the measures within 30 to 90 days following the
potential occurrence of a NAAQS violation.
An action level response will occur when the 1-hour design value,
based on the average of three consecutive years of 99th percentile
daily maximum 1-hour SO<INF>2</INF> concentrations, violates the 2010
1-hour SO<INF>2</INF> NAAQS at any monitor site in the Allegheny County
NAA. This response will include the adoption and implementation of
additional control measures as needed to promptly correct the
violation. If regulatory measures are selected, these measures will
conform to all Federal, State, and local rules and regulations. Both
non-regulatory and regulatory measures are expected to be implemented
within one year following a violation of the NAAQS.\45\
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\45\ Specific schedules and associated procedures for the
adoption and implementation of regulatory and non-regulatory
measures are available in the ACHD_SO2_RR_and_MP document at pp. 29-
30.
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ACHD has specified multiple potential regulatory and non-regulatory
[[Page 99796]]
contingency measures for this maintenance plan--including both area-
wide and USS Mon Valley Works measures.\46\ Selection will be based on
several factors, including but not limited to, the degree of the
violation, the emission reduction potential, and cost. ACHD has
identified non-regulatory, area-wide measures such as wood burning-
related programs and alternative fuel promotions as potential options
for correcting a NAAQS violation. Additionally, ACHD has proposed USS
Mon Valley Works regulatory measures, including but not limited to,
additional desulfurization controls for coke oven gas at USS Clairton,
additional fugitive controls at USS Mon Valley Works plants, and
restrictions on fuel usage at USS Mon Valley Works plants. All of these
measures can be individually implemented or in conjunction with others
to ensure correction of any NAAQS violation.
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\46\ USS Mon Valley Works collectively refers to the USS
Clairton, Edgar Thomson, and Irvin Plants located within the
Allegheny County NAA.
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The EPA proposes to find that ACHD's submitted maintenance plan
meets the requirements set forth in CAA section 175A and EPA guidance
and is proposing to approve the maintenance plan as a revision to the
Pennsylvania SIP.
E. Criterion (5)--Pennsylvania Has Met All Applicable Requirements
Under Section 110 and Part D of Title I of the CAA
In accordance with section 107(d)(3)(E)(v) of the CAA, to
redesignate the Allegheny County NAA to attainment, Pennsylvania must
meet all requirements applicable to the Allegheny County NAA under CAA
section 110 (general SIP requirements) and part D of title I of the CAA
(SIP requirements for nonattainment areas).
1. Section 110 General Requirements for SIPs
Pursuant to CAA section 110(a)(1), whenever new or revised NAAQS
are promulgated, the CAA requires States to submit a plan (i.e., SIP)
for the implementation, maintenance, and enforcement of such NAAQS.
Section 110(a)(2) of title I of the CAA contains the general
requirements for a SIP, also known as ``infrastructure'' requirements.
These requirements include, but are not limited to, the following:
submittal of a SIP that has been adopted by the state after reasonable
public notice and hearing; provisions for establishment and operation
of appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (New Source Review (NSR) permit programs); provisions for
air pollution modeling; and provisions for public and local agency
participation in planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, the EPA
has required certain states to establish programs to address the
interstate transport of air pollutants.\47\ The section 110(a)(2)(D)
requirements for a state are not linked with a particular nonattainment
area's designation and classification in that state. The EPA has
concluded that the requirements linked with a particular nonattainment
area's designation and classifications are the relevant measures to
evaluate in reviewing a redesignation request. The transport SIP
submittal requirements, where applicable, continue to apply to a state
regardless of the designation of any one particular area in the state.
Thus, the EPA has concluded that the CAA's interstate transport
requirements should not be construed to be applicable requirements for
purposes of redesignation.
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\47\ See Nitrogen Oxides (NO<INF>X</INF>) SIP Call and
amendments to the NO<INF>X</INF> SIP Call (64 FR 26298, May 14, 1999
and 65 FR 11222, March 2, 2000), and the Cross-State Air Pollution
Rule (CSAPR) Update (81 FR 74504, October 26, 2016).
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In addition, the EPA has concluded other section 110 elements--
those that are neither connected with nonattainment plan submissions
nor linked with an area's attainment status--are not applicable
requirements for purposes of redesignation. The area will still be
subject to these requirements after the area is redesignated. The
section 110 and part D requirements which are linked with a particular
area's designation and classification are the relevant measures to
evaluate in reviewing a redesignation request. This approach is
consistent with the EPA's existing policy on applicability (i.e., for
redesignations) of conformity and oxygenated fuels requirements, as
well as with section 184 ozone transport requirements. See Reading,
Pennsylvania, proposed and final rules (61 FR 53174-53176, October 10,
1996), (62 FR 24826, May 7, 2008); Cleveland-Akron-Loraine, Ohio, final
rule (61 FR 20458, May 7,1996); and Tampa, Florida, final rule (60 FR
62748, December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
The EPA approved elements of Pennsylvania's June 15, 2014
SO<INF>2</INF> infrastructure SIP submittal on August 5, 2015.\48\ As
explained previously, certain general requirements of CAA section
110(a)(2) are statewide requirements that are not linked to the
nonattainment status of the Allegheny County NAA and are therefore not
``applicable requirements'' for the purpose of reviewing Pennsylvania's
redesignation request. Because Pennsylvania satisfies the general SIP
elements and requirements set forth in CAA section 110(a)(2) applicable
to and necessary for SO<INF>2</INF> redesignation, the EPA proposes to
conclude that Pennsylvania has satisfied the criterion of section
107(d)(3)(E)(v) related to section 110(a)(2) of the CAA.
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\48\ 80 FR 46494, August 5, 2015.
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2. Part D Requirements
In addition to the CAA section 110 requirements, section
107(d)(3)(E)(v) requires that the state meet all the requirements
applicable to the nonattainment area ``under part D of this
subchapter'' for the nonattainment area to be redesignated. Both
section 107 and part D are within subchapter 1 of the CAA. Part D,
entitled ``Plan Requirements for Nonattainment Areas,'' consists of six
subparts, of which only subparts 1 and 5 are applicable to
SO<INF>2</INF> nonattainment areas. Subpart 1 (sections 171 through
179B) contains provisions that can apply to all nonattainment areas for
all criteria pollutants, while subpart 5 (sections 191 through 192)
contains additional provisions for SO<INF>2</INF>, NO<INF>X</INF>, or
lead nonattainment areas. The requirements applicable to this
redesignation are discussed below.
a. Subpart 1 Requirements
1. Section 172 Requirements
CAA section 172 requires states with nonattainment areas to submit
plans that provide for timely attainment of the NAAQS. More
specifically, CAA section 172(c) contains general requirements for
nonattainment plans. A thorough discussion of these requirements is
found in the General Preamble for Implementation of title I.\49\
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\49\ 57 FR 13498, April 16, 1992.
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As noted in the General Preamble, certain attainment-related
planning requirements under section 172(c) no longer have meaning for
an area that is already attaining the NAAQS, and
[[Page 99797]]
therefore are not applicable for purposes of redesignation. For
example, for an area that is already attaining the NAAQS, there would
be nothing for the State to provide to show reasonable further progress
to attainment in that area. Similarly, the CAA section 172 requirements
for the attainment demonstration, implementation of reasonably
available control measures, including reasonably available control
technology, and contingency measures that are triggered if an area
fails to meet RFP or fails to attain are also not applicable for
purposes of redesignation.
With respect to CAA section 172(c)(3), Pennsylvania was required to
submit an actual current emissions inventory with its attainment plan.
Pennsylvania had submitted a base year inventory with its attainment
plan SIP on October 3, 2017 and the EPA approved this element on April
23, 2020.\50\
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\50\ 85 FR 22593, April 23, 2020.
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2. Section 173 Requirements
Section 173 of the CAA includes requirements for permit programs
that are required in a nonattainment area for new sources as required
by section 172(c)(5), known as nonattainment new source review (NNSR).
However, the EPA has a longstanding interpretation that because the
NNSR permit program is replaced by the PSD permit program upon an
area's redesignation to attainment, nonattainment areas seeking
redesignation to attainment do not need a fully approved part D NNSR
program to be redesignated. A more detailed rationale for this view is
described in a memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation, dated October 14, 1994, entitled, ``Part D New
Source Review Requirements for Areas Requesting Redesignation to
Attainment.'' \51\ Nevertheless, the EPA notes that the ACHD's Article
XXI Rules and Regulations for Air Pollution Control have SIP-approved
NNSR and PSD programs found in section 2102.06 for NNSR and section
2102.07 for PSD. Allegheny County has incorporated by reference
Pennsylvania's NNSR provisions at 25 Pa. Code 127.201-127.218 and also
Pennsylvania's PSD regulations found at 25 Pa. Code 127.81-127.83.
Pennsylvania's PSD regulations merely incorporate by reference the
Federal PSD regulations found at 40 CFR part 52. Allegheny County has
therefore addressed all required provisions for the permitting of
sources in NAAs, including NNSR. See 40 CFR 52.2020(c). Pennsylvania's
PSD program will become applicable for SO<INF>2</INF> in the Allegheny
County NAA upon redesignation to attainment.
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\51\ Available in the docket for this action as Nichols_Memo and
at <a href="http://www.epa.gov/sites/default/files/2015-07/documents/101494m.pdf">www.epa.gov/sites/default/files/2015-07/documents/101494m.pdf</a>.
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3. Section 175A Requirements
CAA section 175A requires that states seeking redesignation of an
area to attainment submit a ``maintenance plan'' containing certain
elements. Pennsylvania included a maintenance plan for the Allegheny
County NAA with its November 14, 2023 redesignation request, which the
EPA is proposing to approve in conjunction with the redesignation, and
it is discussed in detail in section II, Criterion (4) of this
document.
4. Section 176 Requirements
Section 176(c) of the CAA requires that Federal actions conform to
the air quality planning goals in the applicable SIP. The requirement
to determine conformity applies to transportation plans, programs, and
projects that are developed, funded, or approved under title 23 of the
United States Code and the Federal Transit Act (transportation
conformity) as well as to all other Federally-supported or funded
projects (general conformity). Section 176(c) of the CAA also requires
that states establish criteria and procedures to ensure that Federally-
supported or funded transportation plans, transportation improvement
programs (TIPs) and projects conform to the goals of the applicable
SIP. This is referred to as a transportation conformity SIP. In the
preamble to the January 1993 proposed transportation conformity rule,
the EPA stated that, ``Based on available emissions information, EPA
believes highway and transit motor vehicles are not significant sources
of lead or sulfur dioxide. Therefore, transportation plans, TIPs, and
projects are presumed to conform to the applicable implementation plans
for these pollutants.'' \52\ In November 1993, the EPA finalized its
transportation conformity regulations. One section of those regulations
addressed the geographic applicability of the transportation conformity
regulations. The regulation stated at that time that, ``The provisions
of this subpart apply with respect to emissions of the following
criteria pollutants: Ozone, carbon monoxide, nitrogen dioxide, and
particles with an aerodynamic diameter less than or equal to a nominal
10 micrometers (PM<INF>10</INF>).'' \53\ Based on this provision,
transportation conformity does not apply in nonattainment or
maintenance areas for SO<INF>2</INF>. Therefore, a transportation
conformity SIP is not required for SO<INF>2</INF> nonattainment and
maintenance areas and is not necessary for an SO<INF>2</INF>
nonattainment area to be redesignated to attainment, and the EPA's
transportation conformity rules do not apply to SO<INF>2</INF> for the
Allegheny County NAA.
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\52\ 58 FR 3776, January 11, 1993.
\53\ This provision has been revised to include particles with
an aerodynamic diameter less than or equal to a nominal 2.5
micrometers (PM<INF>2.5</INF>). See 40 CFR 93.102(b)(1).
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5. Section 179 Requirements
Section 179(a) of the CAA addresses potential sanctions for the
failure of a State to submit certain required SIP elements by statutory
deadlines. The EPA is not aware of any missing or incomplete Allegheny
County planning elements subject to Section 179(a) of the CAA.
b. Subpart 5 Requirements
The subpart 5 requirements, which consist of sections 191 and 192
of the CAA, are specific provisions applicable to SO<INF>2</INF>,
NO<INF>2</INF> or lead nonattainment areas. Section 191 of the CAA
requires states with areas designated nonattainment for SO<INF>2</INF>,
NO<INF>2</INF> or lead after November 15, 1990, to submit within 18
months of the designation an implementation plan meeting the
requirements of part D. The substance of the required plans is
established by section 172(c). Section 192 sets forth attainment dates
for nonattainment areas under section 191.
For SO<INF>2</INF>, section 192(a) requires that attainment plans
provide for attainment of the primary standard as expeditiously as
possible, but no later than five years from the date of the
nonattainment designation. The EPA designated the Allegheny County NAA
as nonattainment on August 5, 2013, with an attainment date of October
4, 2018. However, because the EPA is reviewing a redesignation request
under section 107(d)(3)(E), rather than a determination of attainment
under section 179(c), the determination of whether the Area attained by
the attainment date set forth in section 192 is not applicable to this
action proposing approval of Pennsylvania's redesignation request.
Based on the above, the EPA is proposing to find that Pennsylvania
has satisfied the applicable requirements for the redesignation of the
Allegheny County NAA under section 110 and part D of title I of the
CAA.
III. Environmental Justice Concerns
Within its redesignation request and maintenance plan, ACHD
provided
[[Page 99798]]
supplemental information regarding environmental justice considerations
within the Allegheny County NAA. Utilizing the Environmental Justice
Index (EJI) tool developed by ACHD's Bureau of Assessment, Statistics,
& Epidemiology, ACHD identified areas within the Allegheny County NAA
with higher environmental health risks. The EJI tool uses Allegheny
County-specific factors to evaluate environmental justice concerns,
including the following indicators: race, education, median household
income, housing vacancy, lead paint risk, greenness, air quality, and
flood risk. Six municipalities within the Allegheny County NAA were
designated as ``highest need'' areas according to EJI, while seven
other municipalities were designated as ``high need'' areas. ACHD has
indicated that its SO<INF>2</INF> monitoring network provides enhanced
surveillance in vulnerable communities, and the two current
SO<INF>2</INF> monitors in the Allegheny County NAA are located within
or directly downwind of areas labeled as ``highest need.'' Furthermore,
ACHD states that the controls specified in its 2017 attainment
demonstration as well as the shutdowns denoted in the maintenance
demonstration illustrate the greatest emissions reductions in the
``highest need'' areas.
As explained in the EJ Legal Tools to Advance Environmental Justice
2022 document, the CAA provides states with the discretion to consider
environmental justice in developing rules and measures related to
redesignation requests and maintenance plans. In this instance, ACHD
exercised this discretion, as is described above in summary. In
reviewing ACHD's analysis, the EPA defers to ACHD's reasonable exercise
of its discretion in considering EJ in this way. The EPA is taking
proposed action to approve the SIP revision because it meets minimum
requirements pursuant to the CAA and relevant implementing regulations.
The EPA also finds that ACHD's consideration of EJ analyses in this
context is reasonable. The EPA encourages air agencies generally to
evaluate environmental justice considerations of their actions and
carefully consider impacts to communities. The EJ analyses submitted by
the air agency were considered but were not the basis for the EPA's
decision making and the SIP met the minimum applicable requirements, as
explained above.
IV. Proposed Action
The EPA's review of this material indicates that the Allegheny
County NAA has met the criteria necessary under CAA section
107(d)(3)(E) for the EPA to redesignate the Area from nonattainment to
attainment for the 2010 1-hour primary SO<INF>2</INF> NAAQS. The EPA is
proposing to approve the Pennsylvania redesignation request for the
Allegheny County NAA, which was submitted on behalf of ACHD on November
14, 2023. Final approval of Pennsylvania's redesignation request would
change the legal designation of the portion of Allegheny County
designated nonattainment at 40 CFR 81.339 to attainment for the 2010 1-
hour primary SO<INF>2</INF> NAAQS. The EPA is also proposing to approve
ACHD's maintenance plan, which is designed to ensure that the
potentially redesignated Allegheny County NAA will continue to maintain
the SO<INF>2</INF> NAAQS. The EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
V. Statutory and Executive Order Reviews
Under the CAA, the redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act 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 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); 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;
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.
The 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.'' The 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 evaluated environmental justice considerations as part of its
SIP submittal even though the CAA and applicable implementing
regulations neither prohibit nor require an evaluation. The EPA's
evaluation of ACHD's environmental justice considerations is described
above in the section titled, ``Environmental Justice Considerations.''
The analysis was done for the purpose of providing additional context
and information about this rulemaking to the public, not as a basis of
the action. The EPA is taking action under the CAA on bases independent
of ACHD's evaluation of environmental justice. Due to the nature of the
action
[[Page 99799]]
being taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. In addition, there is
no information in the record upon which this decision is based that is
inconsistent with the stated goal of Executive Order 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
In addition, this proposed rulemaking, for the redesignation and
approval of the maintenance plan for the Allegheny County NAA, 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 the EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, 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.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-28536 Filed 12-10-24; 8:45 am]
BILLING CODE 6560-50-P
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