Rule2024-29229
Redesignation of Portions of Westmoreland and Cambria Counties, Pennsylvania for the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS)
Primary source
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Published
December 17, 2024
Effective
January 16, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (the EPA or the Agency) is finalizing the redesignation of portions of Cambria County and Westmoreland County, Pennsylvania, to "nonattainment" for the 2010 1- hour primary sulfur dioxide (SO<INF>2</INF>) national ambient air quality standard (NAAQS or standard). Westmoreland County was previously designated "attainment/ unclassifiable," and Cambria County was designated "unclassifiable." The EPA notified the Commonwealth of Pennsylvania of its intended redesignation of portions of Cambria and Westmoreland counties on February 17, 2023, and published a Notice of Availability (NOA) for this action on February 12, 2024. The EPA's redesignation of portions of these counties is based on modeled violations of the 2010 1-hour primary SO<INF>2</INF> NAAQS.
Full Text
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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101910-101913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29229]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2023-0419; FRL-11736-02-R3]
Redesignation of Portions of Westmoreland and Cambria Counties,
Pennsylvania for the 2010 Sulfur Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (the EPA or the Agency) is
finalizing the redesignation of portions of Cambria County and
Westmoreland County, Pennsylvania, to ``nonattainment'' for the 2010 1-
hour primary sulfur dioxide (SO<INF>2</INF>) national ambient air
quality standard (NAAQS or standard). Westmoreland County was
previously designated ``attainment/ unclassifiable,'' and Cambria
County was designated ``unclassifiable.'' The EPA notified the
Commonwealth of Pennsylvania of its intended redesignation of portions
of Cambria and Westmoreland counties on February 17, 2023, and
published a Notice of Availability (NOA) for this action on February
12, 2024. The EPA's redesignation of portions of these counties is
based on modeled violations of the 2010 1-hour primary SO<INF>2</INF>
NAAQS.
DATES: This final rule is effective on January 16, 2025.
ADDRESSES: The EPA has established a docket for this redesignation
under Docket ID Number EPA-R03-OAR-2023-0419. 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.
The EPA has established a website for the designations for the 2010
SO<INF>2</INF> NAAQS at <a href="http://www.epa.gov/sulfur-dioxide-designations/sulfurdioxide-designations-regulatory-actions">www.epa.gov/sulfur-dioxide-designations/sulfurdioxide-designations-regulatory-actions</a>. This final redesignation
action, associated technical support documents, and other related
information will be added to this website.
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#3645555e5b5f424218535a5a53587653465718515940"><span class="__cf_email__" data-cfemail="ef9c8c8782869b9bc18a83838a81af8a9f8ec1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose of the EPA's Final Action
The EPA is required by Clean Air Act (CAA) section 107(d) to
designate all areas throughout the nation as attaining or not attaining
the NAAQS within two years of the promulgation of any new or revised
NAAQS. Pursuant to CAA section 107(d), the EPA must designate as
``nonattainment'' those areas that violate the NAAQS and those nearby
areas that contribute to violations. Once an area has been designated,
the EPA Administrator, under CAA section 107(d)(3), may at any time
notify a state that a designation should be revised.
Under section 109 of the CAA, the EPA has established primary and
secondary NAAQS for certain pervasive air pollutants and conducts
periodic reviews of the NAAQS to determine whether they should be
revised or whether new NAAQS should be established. The primary NAAQS
represent ambient air quality standards, the attainment and maintenance
of which the EPA has determined, including a margin of safety, are
requisite to protect the public health. The secondary NAAQS represent
ambient air quality standards, the attainment and maintenance of which
the EPA has determined are requisite to protect the public welfare from
any known or anticipated adverse effects associated with the presence
of such air pollutant in the ambient air.
On June 22, 2010 (75 FR 35520), the EPA finalized the revision of
the 1-hour primary SO<INF>2</INF> NAAQS, codified at 40 Code of Federal
Regulations (CFR) 50.17, which became effective on August 23, 2010
(hereafter referred to as the 2010 SO<INF>2</INF> NAAQS). The 2010
SO<INF>2</INF> NAAQS is met at an ambient air quality
[[Page 101911]]
monitoring site (or in the case of dispersion modeling, at an ambient
air quality receptor location) when the 3-year average of the annual
99th percentile of daily maximum 1-hour average concentrations is less
than or equal to 75 parts per billion (ppb), as determined in
accordance with appendix T of 40 CFR part 50. 40 CFR 50.17(a) and (b).
The EPA was required to designate areas throughout the country for
the 2010 SO<INF>2</INF> NAAQS by June 3, 2012. The EPA invoked a 1-year
extension of the deadline to designate areas for the 2010
SO<INF>2</INF> NAAQS, as provided for under CAA section 107, after
which the Agency completed an initial round of SO<INF>2</INF>
designations for certain areas of the country on August 5, 2013
(referred to as ``Round 1'').\1\ In Round 1, the EPA designated Indiana
County, Pennsylvania and a portion of Armstrong County, Pennsylvania as
nonattainment (hereafter referred collectively as the ``Indiana
Area''). On January 9, 2018,\2\ in a subsequent round of designations
for the 2010 SO<INF>2</INF> NAAQS, Westmoreland County, Pennsylvania
was designated as attainment/unclassifiable, and Cambria County,
Pennsylvania was designated as unclassifiable.
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\1\ 78 FR 47191. Effective date October 4, 2013.
\2\ 83 FR 1098. Effective date April 9, 2018.
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In 2018, during the public comment period for the proposed approval
of the SO<INF>2</INF> attainment SIP for the Indiana Area (83 FR 32606,
July 13, 2018), the Sierra Club submitted a modeling analysis which
claimed to also show violations of the SO<INF>2</INF> NAAQS within
portions of Westmoreland and Cambria counties due to SO<INF>2</INF>
emissions from sources located within the Indiana Area.\3\ In 2022,
during the public comment period for the proposed partial disapproval
and partial approval of the Indiana Area's attainment SIP (87 FR 15166,
March 17, 2022), the EPA received additional dispersion modeling from
the Sierra Club, and from Keystone-Conemaugh Projects, LLC (KEY-
CON),\4\ focused on the Westmoreland and Cambria areas. The EPA also
conducted its own modeling of those areas. Based on review of all
modeling analyses, the EPA made the determination that there are
modeled SO<INF>2</INF> NAAQS violations outside of the existing Indiana
Area, in portions of Westmoreland and Cambria counties, and accordingly
notified the Governor of Pennsylvania in a letter dated February 17,
2023, of our intent to redesignate portions of Westmoreland and Cambria
counties as nonattainment for the 2010 1-hour primary SO<INF>2</INF>
NAAQS, consistent with CAA section 107(d)(3)(A).\5\ On June 22, 2023,
Acting Secretary for the Pennsylvania Department of Environmental
Protection (PA DEP), Richard Negrin, responded to the EPA's letter but
did not specify whether the Commonwealth agreed or disagreed with the
EPA's determination to redesignate portions of Westmoreland and Cambria
counties as nonattainment for the 2010 1-hour primary SO<INF>2</INF>
NAAQS. Instead, Pennsylvania's response included several comments
questioning certain aspects of the Technical Support Document (TSD)
that the EPA had developed and submitted to PA DEP with the February
17, 2023 redesignation letter. The EPA responded to the Commonwealth's
comments in a January 2024 response to comments (RTC) document, which
is in the docket associated with this action.\6\
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\3\ Explained further in the NOA associated with this
redesignation. See 89 FR 9817 (February 12, 2024).
\4\ KEY-CON, licensee for the Keystone Generating Station
located in Armstrong County and the Conemaugh Generating station
located in Indiana County, provided modeling to support its comments
rebutting modeling and views presented by the Sierra Club and the
EPA.
\5\ Located in the public docket for this redesignation at
<a href="http://www.regulations.gov">www.regulations.gov</a> under Docket ID No. EPA-R03-OAR-2023-0419.
\6\ A copy of PA DEP's comments on the EPA's intended
redesignation TSD and also the EPA's RTC replying to these comments,
can be found in Docket No. EPA-R03-OAR-2023-0419 via
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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The EPA is not required under CAA section 107(d)(3) to seek public
comment during the redesignations process, but we elected to do so for
this area to provide the public with an opportunity to give input for
the EPA's consideration before promulgating any final redesignation.
The EPA published a NOA for this action in the Federal Register on
February 12, 2024 (89 FR 9815). Upon publication of the NOA in the
Federal Register, a 45-day public comment period began. This comment
period closed on March 28, 2024, and yielded comments from seven
commenters. A copy of the EPA's responses to the comments received from
the public is also located in the docket for this action.
II. EPA's Redesignation Decision and Supporting Air Quality Information
A. SO2 Monitoring and Modeling Considerations
The 1-hour primary SO<INF>2</INF> standard is violated at an
ambient air quality monitoring site (or in the case of dispersion
modeling, at an ambient air quality receptor location) when the 3-year
average of the annual 99th percentile of the daily maximum 1-hour
average concentrations exceeds 75 ppb, as determined in accordance with
appendix T of 40 CFR part 50. The EPA also believes that in certain
cases, including when SO<INF>2</INF> monitors are lacking, air
dispersion modeling is an appropriate tool to determine whether an area
is in attainment, as discussed in the EPA's document titled,
``SO<INF>2</INF> NAAQS Designations Modeling Technical Assistance
Document'' (Modeling TAD).\7\ The Modeling TAD provides nonbinding
recommendations on how to appropriately and sufficiently model ambient
air in proximity to an SO<INF>2</INF> emission source to establish air
quality data for comparison to the 2010 primary SO<INF>2</INF> NAAQS
for the purposes of designations. For a short-term 1-hour standard,
dispersion modeling of stationary sources can be the most technically
appropriate, efficient, and effective because it accounts for fairly
infrequent combinations of meteorological and source operating
conditions that can contribute to peak ground-level concentrations of
SO<INF>2</INF>. The EPA's Guideline on Air Quality Models, found at
appendix W to 40 CFR part 51, provides recommendations on modeling
techniques and guidance for estimating pollutant concentrations to
assess control strategies and determine emission limits.
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\7\ A copy is located in the docket via <a href="http://www.regulations.gov">www.regulations.gov</a>,
Docket ID No. EPA-R03-OAR-2023-0419.
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B. The Basis of Redesignating Portions of Cambria and Westmoreland
Counties, Pennsylvania to Nonattainment for the 2010 SO2 NAAQS
Information and data providing the basis for this action are
provided in a designations TSD included in the docket for this action
\8\ and can also be found online at <a href="http://www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-regulatory-actions">www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-regulatory-actions</a>.
Additionally, other relevant documents and files regarding this
SO<INF>2</INF> redesignation, including PA DEP's comments on the EPA's
TSD, the EPA's RTC replying to these comments, and public comments are
available for review in the public docket for this action. The
information can also be reviewed online at <a href="http://www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-regulatory-actions">www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-regulatory-actions</a>.
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\8\ Docket ID No. EPA-HQ-OAR-2023-0419 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
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C. Factors Considered in Determining Nonattainment Area Boundary
The EPA has issued multiple guidance documents for performing
SO<INF>2</INF> designations, the most recent of which is a September 5,
2019 guidance from Peter Tsirigotis, Director, U.S. EPA,
[[Page 101912]]
Office of Air Quality Planning and Standards, to Regional Air Division
Directors, U.S. EPA Regions 1-10.\9\ This memorandum supplements, where
necessary, prior designations guidance documents on area designations
for the 2010 1-hour primary SO<INF>2</INF> NAAQS issued on March 24,
2011, March 20, 2015, and July 22, 2016. The September 2019 memorandum
identifies evaluation factors in determining whether areas are in
violation of the 2010 SO<INF>2</INF> NAAQS and factors that the EPA
intends to assess in determining the boundaries for such areas. These
factors include: (1) air quality characterization via ambient
monitoring or dispersion modeling results; (2) emissions-related data;
(3) meteorology; (4) geography and topography; and (5) jurisdictional
boundaries.
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\9\ ``Area Designations for the 2010 Primary Sulfur Dioxide
National Ambient Air Quality Standard--Round 4,'' memorandum to
Regional Air Division Directors, Regions 1-10, from Peter
Tsirigotis, dated September 5, 2019, available at: <a href="http://www.epa.gov/sites/production/files/2019-09/documents/round_4_so2_designations_memo_09-05-2019_final.pdf">www.epa.gov/sites/production/files/2019-09/documents/round_4_so2_designations_memo_09-05-2019_final.pdf</a>.
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The EPA's modeling indicates that portions of Westmoreland and
Cambria counties are violating the 2010 1-hour SO<INF>2</INF> NAAQS,
and the Agency's detailed evaluation of the modeled violations,
contributing sources, and intended area boundaries based on the weight
of evidence of the previously identified factors are included in the
TSD, which is located in the docket for this action. The EPA's
boundaries of the relevant area encompass Lower Yoder Township in
Cambria County, Pennsylvania and St. Clair Township, Seward Borough,
and New Florence Borough in Westmoreland County, Pennsylvania.\10\ A
map showing these boundaries is included in the final TSD.\11\
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\10\ The remaining portions of Cambria County and Westmoreland
County will retain the current designations.
\11\ The final boundaries are the same as the EPA's initial
intended boundaries.
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The purpose of this final action is to announce and promulgate
EPA's area redesignation of a portion of Westmoreland County,
Pennsylvania from attainment/unclassifiable to nonattainment and a
portion of Cambria County, Pennsylvania from unclassifiable to
nonattainment for the 2010 1-hour primary SO<INF>2</INF> NAAQS,
creating a new area called the ``Cambria-Westmoreland Area.''
The issuance of this final redesignation will require the
Commonwealth of Pennsylvania to undertake certain planning requirements
to reduce SO<INF>2</INF> concentrations within this newly redesignated
nonattainment area, including, but not limited to, the requirement to
submit within 18 months of redesignation, a revision to the
Pennsylvania SIP that provides for attainment of the 2010 1-hour
primary SO<INF>2</INF> NAAQS as expeditiously as practicable, but no
later than five years after the effective date of redesignation to
nonattainment.
III. Environmental Justice Concerns
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. This action addresses designation
determinations for certain areas for the 2010 SO<INF>2</INF> NAAQS.
Area designations address environmental justice concerns by ensuring
that the public is properly informed about the air quality in an area.
In locations where air quality does not meet the NAAQS, the CAA
requires relevant state authorities to initiate appropriate air quality
management actions to ensure that all those residing, working,
attending school, or otherwise present in those areas are protected,
regardless of minority and economic status.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this action is exempt and,
therefore, is not subject to review by the Office of Management and
Budget.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action is a redesignation of portions of two counties to
nonattainment and does not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
Section 107(d)(2)(B) of the CAA explicitly provides that designations
are exempt from the notice-and-comment provisions of the APA. In
addition, designations under CAA section 107(d) are not among the list
of actions that are subject to the notice-and-comment rulemaking
requirements of CAA section 307(d).
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action also does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
The division of responsibility between the Federal Government and the
states for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications. It will neither
impose substantial direct compliance costs on Federally recognized
tribal governments, nor preempt tribal law. Thus, Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rule does not involve technical standards.
[[Page 101913]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations. The EPA believes that this action
does not have disproportionately high and adverse human health or
environmental effects on minority populations, low income populations
and/or indigenous peoples, as specified in Executive Order 12898 (59 FR
7629, February 16, 1994). This action, on which the EPA offered public
notice and comment, changes the air quality designation of an area and
triggers an obligation on the part of the Commonwealth to develop an
implementation plan to improve air quality in the area so that it meets
the 2010 SO<INF>2</INF> NAAQS. A forthcoming implementation plan by the
Commonwealth will also be available for public notice and comment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. 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 February 18, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See CAA section 307(b)(2).
V. Statutory Authority
The statutory authority for this action is provided by 42 U.S.C.
7401, et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble the Environmental Protection
Agency amends title 40 CFR part 81 as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et. seq.
Subpart C--Section 107 Attainment Status Designations
0
2. Amend Sec. 81.339, in the table titled ``Pennsylvania-2010 Sulfur
Dioxide NAAQS [Primary]'' by:
0
a. Removing the entry ``Cambria County'' and adding in its place the
entry ``Cambria (part)'';
0
b. Adding the entry ``Cambria-Westmoreland Area Lower Yoder Township in
Cambria County and St. Clair Township, Seward Borough, and New Florence
Borough in Westmoreland County'' immediately before the entry
``Indiana, PA.''; and
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c. Revising the entry ``Westmoreland County;''.
The revisions and additions read as follows:
* * * * *
Pennsylvania--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area --------------------------------------
Date Type
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* * * * * * *
Cambria (part)................... 1/16/2025 Unclassifiable.
* * * * * * *
Cambria-Westmoreland Area........ 1/16/2025 Nonattainment.
Lower Yoder Township in Cambria
County and St. Clair Township,
Seward Borough, and New Florence
Borough in Westmoreland County.
* * * * * * *
Westmoreland County (part)....... 1/16/2025 Attainment/
Unclassifiable
* * * * * * *
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[FR Doc. 2024-29229 Filed 12-16-24; 8:45 am]
BILLING CODE 6560-50-P
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