Proposed Rule2025-05921
Air Plan Approval; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Liberty-Clairton Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard and Maintenance Plan for the Allegheny County Area for the 2012 Annual Fine Particulate Matter Standard
Primary source
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Published
April 7, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a request from the Commonwealth of Pennsylvania to redesignate the Liberty-Clairton, Pennsylvania nonattainment area (Liberty-Clairton Area) to attainment for the 1997 annual and 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS or standard). The EPA is also proposing to approve, as revisions to the Pennsylvania state implementation plan (SIP), the Commonwealth's plan for maintaining the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS through 2035 for the Liberty-Clairton Area. Additionally, the EPA is proposing to approve the maintenance plan for the Allegheny County, Pennsylvania nonattainment area (Allegheny County Area) for the 2012 annual PM<INF>2.5</INF> NAAQS through 2035. The maintenance plan includes 2017, 2026, and 2035 mobile vehicle emissions budgets (MVEBs) for mobile sources of PM<INF>2.5</INF> and nitrogen oxides (NO<INF>X</INF>) for the Allegheny County Area. The EPA is proposing to find these 2017, 2026, and 2035 MVEBs for PM<INF>2.5</INF> and NO<INF>X</INF> adequate and to approve these MVEBs into the Pennsylvania SIP for transportation conformity purposes. This action does not redesignate the Allegheny County Area to attainment for the 2012 annual PM<INF>2.5</INF> NAAQS, as Pennsylvania withdrew its redesignation request specific to the Allegheny County Area. The redesignation request and maintenance plan were submitted by the Commonwealth of Pennsylvania Department of Environmental Protection (PADEP or Pennsylvania) on behalf of the Allegheny County Health Department (ACHD). This action is being taken under the CAA.
Full Text
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<title>Federal Register, Volume 90 Issue 65 (Monday, April 7, 2025)</title>
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[Federal Register Volume 90, Number 65 (Monday, April 7, 2025)]
[Proposed Rules]
[Pages 14939-14954]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05921]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2024-0586; FRL-10536-01-R3]
Air Plan Approval; Pennsylvania; Redesignation Request and
Associated Maintenance Plan for the Liberty-Clairton Area for the 1997
Annual and 2006 24-Hour Fine Particulate Matter Standard and
Maintenance Plan for the Allegheny County Area for the 2012 Annual Fine
Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a request from the Commonwealth of Pennsylvania to redesignate
the Liberty-Clairton, Pennsylvania nonattainment area (Liberty-Clairton
Area) to attainment for the 1997 annual and 2006 24-hour fine
particulate matter (PM<INF>2.5</INF>) national ambient air quality
standards (NAAQS or standard). The EPA is also proposing to approve, as
revisions to the Pennsylvania state implementation plan (SIP), the
Commonwealth's plan for maintaining the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS through 2035 for the Liberty-Clairton Area.
Additionally, the EPA is proposing to approve the maintenance plan for
the Allegheny County, Pennsylvania nonattainment area (Allegheny County
Area) for the 2012 annual PM<INF>2.5</INF> NAAQS through 2035. The
maintenance plan includes 2017, 2026, and 2035 mobile vehicle emissions
budgets (MVEBs) for mobile sources of PM<INF>2.5</INF> and nitrogen
oxides (NO<INF>X</INF>) for the Allegheny County Area. The EPA is
proposing to find these 2017, 2026, and 2035 MVEBs for PM<INF>2.5</INF>
and NO<INF>X</INF> adequate and to approve these MVEBs into the
Pennsylvania SIP for transportation conformity purposes. This action
does not redesignate the Allegheny County Area to attainment for the
2012 annual PM<INF>2.5</INF> NAAQS, as Pennsylvania withdrew its
redesignation request specific to the Allegheny County Area. The
redesignation request and maintenance plan were submitted by the
Commonwealth of Pennsylvania Department of Environmental Protection
(PADEP or Pennsylvania) on behalf of the Allegheny County Health
Department (ACHD). This action is being taken under the CAA.
DATES: Written comments must be received on or before May 7, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0586 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#d9beb6abbdb6b7f7b4b0b2bc99bca9b8f7beb6af"><span class="__cf_email__" data-cfemail="4c2b233e28232262212527290c293c2d622b233a">[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: Ian Neiswinter, 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) 814-2011. Mr. Neiswinter can also be reached via electronic mail
at <a href="/cdn-cgi/l/email-protection#9ef0fbf7ede9f7f0eafbecb0f7fff0defbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="244a414d57534d4a5041560a4d454a644154450a434b52">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are used, it is intended to refer to the EPA.
I. What action is the EPA proposing?
On November 30, 2022, the EPA received from PADEP, on behalf of
ACHD, a redesignation request for the Liberty-Clairton Area for the
1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS and for the
Allegheny County Area for
[[Page 14940]]
the 2012 annual PM<INF>2.5</INF> NAAQS.\1\ As part of the request,
PADEP submitted, as a Pennsylvania SIP revision, a combined maintenance
plan for each area's respective NAAQS to ensure continued attainment
throughout the areas over the next 10 years as required by CAA section
107(d)(3)(E)(iv). On May 2, 2024, PADEP submitted to the EPA a partial
withdrawal of the November 30, 2022, SIP revision. In that letter,
PADEP withdrew only the portion of the SIP revision pertaining to the
request to redesignate the Allegheny County Area to attainment for the
2012 annual PM<INF>2.5</INF> NAAQS. However, PADEP retained the portion
of the SIP revision pertaining to the maintenance plan for the
Allegheny County Area for the 2012 annual PM<INF>2.5</INF> NAAQS and
retained the request to redesignate the Liberty-Clairton Area for the
1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS to attainment along
with the associated maintenance plan for the Liberty-Clairton Area.
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\1\ The Liberty-Clairton Area is comprised of the following
municipalities in Allegheny County, Pennsylvania: the boroughs of
Liberty, Lincoln, Port Vue, and Glassport, and the City of Clairton.
The Allegheny County Area is comprised of all municipalities within
Allegheny County, Pennsylvania, and subsumes the municipalities
which comprise the Liberty-Clairton Area. The table listed at 40
Code of Federal Regulations (CFR) 81.339 defines NAAQS area
designations within Pennsylvania.
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The EPA is proposing to take the following actions for the Liberty-
Clairton Area: (1) to redesignate the Liberty-Clairton Area to
attainment for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS;
and (2) to approve into the Pennsylvania SIP the associated maintenance
plan for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS for
the Liberty-Clairton Area. The EPA's proposed approval of the
redesignation request and maintenance plan for the 1997 annual and 2006
24-hour PM<INF>2.5</INF> NAAQS for the Liberty-Clairton Area is based
upon the EPA's determination that the Liberty-Clairton Area continues
to attain both standards, and that all other redesignation criteria
have been met for the Liberty-Clairton Area. The EPA is also proposing
the following actions for the Allegheny County Area: (1) to approve
into the Pennsylvania SIP the maintenance plan for the 2012 annual
PM<INF>2.5</INF> NAAQS; and (2) to find the 2017, 2026, and 2035 MVEBs
for PM<INF>2.5</INF> and NO<INF>X</INF> adequate and approve these
MVEBs into the Pennsylvania SIP for transportation conformity purposes.
The adequacy comment period for these MVEBs will begin upon publication
of this notice of proposed rulemaking (NPRM). Please see section IV of
this rulemaking for further explanation of the MVEBs and the adequacy
process. This action does not redesignate the Allegheny County Area to
attainment for the 2012 annual PM<INF>2.5</INF> NAAQS. The EPA may
approve a maintenance plan as meeting the requirements under CAA
section 175A without redesignating an area to attainment.\2\ Notably,
all applicable nonattainment area requirements for the Allegheny County
Area for the 2012 annual PM<INF>2.5</INF> NAAQS shall remain in place
until such time as Pennsylvania submits a request for redesignation
pursuant to section 107(d)(3) of the CAA and the EPA determines that
the Allegheny County Area meets the CAA requirements for redesignation
to attainment and takes action to redesignate the Allegheny County Area
for the 2012 annual PM<INF>2.5</INF> NAAQS. These proposed actions are
summarized and described in greater detail throughout this proposed
rulemaking.
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\2\ See Pg. 7 of ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, September 4, 1992.
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II. Background
A. The PM2.5 NAAQS
Fine particulate pollution can be emitted directly from a source
(primary PM<INF>2.5</INF>) or formed secondarily through chemical
reactions in the atmosphere involving precursor pollutants emitted from
a variety of sources. The main precursors of secondary PM<INF>2.5</INF>
are sulfur dioxide (SO<INF>2</INF>), nitrogen dioxide (NO<INF>X</INF>),
ammonia (NH<INF>3</INF>), and volatile organic compounds (VOCs).\3\
Sulfates are a type of secondary particulate formed from SO<INF>2</INF>
emissions from power plants and industrial facilities. Nitrates,
another common type of secondary particulate, are formed from
combustion emissions of NO<INF>X</INF> from power plants, mobile
sources, and other combustion sources.
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\3\ See 81 FR 58010 (August 24, 2016).
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The first air quality standards for PM<INF>2.5</INF> were
established on July 18, 1997 (62 FR 38652). The EPA promulgated an
annual standard at a level of 15 micrograms per cubic meter ([mu]g/
m\3\), based on a three-year average of annual mean PM<INF>2.5</INF>
concentrations (the 1997 annual PM<INF>2.5</INF> NAAQS). In the same
rulemaking action, the EPA promulgated a 24-hour standard of 65 [mu]g/
m\3\, based on a three-year average of the 98th percentile of 24-hour
concentrations.
On October 17, 2006 (71 FR 61144), the EPA retained the annual
PM<INF>2.5</INF> standard at 15 [micro]g/m\3\ (2006 annual
PM<INF>2.5</INF> NAAQS) but revised the 24-hour standard to 35
[micro]g/m\3\ (2006 24-hour PM<INF>2.5</INF> NAAQS), based again on the
three-year average of the annual 98th percentile of the 24-hour
PM<INF>2.5</INF> concentrations. In response to legal challenges of the
2006 annual PM<INF>2.5</INF> NAAQS, the U.S. Court of Appeals for the
District of Columbia Circuit (D.C. Circuit or Court) remanded this
standard to the EPA for further consideration.\4\ On December 14, 2012,
the EPA finalized a rule revising the PM<INF>2.5</INF> annual NAAQS to
12 [micro]g/m\3\ (2012 PM<INF>2.5</INF> annual NAAQS) based on current
scientific evidence regarding the protection of public health.
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\4\ See American Farm Bureau Federation and National Pork
Producers Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009).
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B. Liberty-Clairton Area
On January 5, 2005 (70 FR 944), the EPA published air quality area
designations for the 1997 PM<INF>2.5</INF> NAAQS based upon air quality
monitoring data for calendar years 2001-2003. In that rulemaking
action, the EPA designated the Liberty-Clairton Area as nonattainment
for the 1997 annual PM<INF>2.5</INF> and 24-hour PM<INF>2.5</INF>
NAAQS. On November 13, 2009 (74 FR 58688), the EPA published
designations for the 2006 24-hour PM<INF>2.5</INF> NAAQS based on
certified air quality data from 2006-2008, which became effective on
December 14, 2009. In that action, the EPA designated the Liberty-
Clairton Area as nonattainment for the 2006 24-hour PM<INF>2.5</INF>
NAAQS, retaining the same geographical boundaries as for the 1997
annual PM<INF>2.5</INF> NAAQS. In that same action, the EPA clarified
that the Liberty-Clairton Area is designated as unclassifiable/
attainment for the 1997 24-hour PM<INF>2.5</INF> NAAQS but retained the
1997 annual PM<INF>2.5</INF> NAAQS nonattainment designation.
The EPA's 1997 annual and 2006 24-hour PM<INF>2.5</INF>
nonattainment designations for the Liberty-Clairton Area triggered an
obligation for Pennsylvania to develop a nonattainment SIP revision
addressing certain CAA requirements under title I, part D, subpart 1
(hereinafter ``subpart 1'') and title I, part D, subpart 4 (hereinafter
``subpart 4''). Subpart 1 contains the general requirements for
nonattainment areas for criteria pollutants, including requirements to
develop a SIP that provides for the implementation of reasonably
available control measures (RACM) under section 172(c)(1), reasonable
further progress (RFP), base-year and attainment-year emissions
inventories, and for the implementation of contingency measures.
Subpart 4 contains specific planning and scheduling requirements for
coarse particulate matter (PM<INF>10</INF>) nonattainment areas,
including requirements for new
[[Page 14941]]
source review (NSR), RACM (under CAA section 189(a)(1)(C)), and RFP. In
the EPA's longstanding general guidance interpreting the 1990 CAA
Amendments, known as the General Preamble, the EPA discussed the
relationship of subpart 1 and subpart 4 SIP requirements and pointed
out that subpart 1 requirements were to an extent ``subsumed by, or
integrally related to, the more specific PM-10 requirements.'' \5\ In
addition, under the D.C. Circuit's January 4, 2013, decision in Natural
Resources Defense Council (NRDC) v. EPA, 706 F.3d 428 (D.C. Cir. 2013),
subpart 4 requirements apply to PM<INF>2.5</INF> nonattainment
areas.\6\
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\5\ See 57 FR 13538 (April 16, 1992).
\6\ In explaining its decision, the Court reasoned that the
plain meaning of the CAA requires implementation of the 1997
PM<INF>2.5</INF> NAAQS under subpart 4 because PM<INF>2.5</INF>
particles fall within the statutory definition of PM<INF>10</INF>
and are thus subject to the same statutory requirements. The EPA
finalized its interpretation of subpart 4 requirements as applied to
the PM<INF>2.5</INF> NAAQS in its final rule entitled ``Fine
Particulate Matter National Ambient Air Quality Standards: State
Implementation Plan Requirements; Final Rule'' (81 FR 58010, August
24, 2016).
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On June 2, 2014 (79 FR 31566), the EPA published a rule entitled
``Identification of Nonattainment Classification and Deadlines for
Submission of State Implementation Plan (SIP) Provisions for the 1997
Fine Particle (PM<INF>2.5</INF>) National Ambient Air Quality Standard
(NAAQS) and 2006 PM<INF>2.5</INF> NAAQS'' (``Classification and
Deadlines Rule''). In that rule, the Agency responded to the D.C.
Circuit's January 2013 decision by identifying all PM<INF>2.5</INF>
nonattainment areas for the 1997 and 2006 PM<INF>2.5</INF> NAAQS as
``Moderate'' nonattainment areas under subpart 4, and by establishing a
new SIP submission date of December 31, 2014, for Moderate area
attainment plans and for any additional attainment-related or
nonattainment new source review plans necessary for areas to comply
with the requirements applicable under subpart 4. Id. at 31567-70.
On October 25, 2013 (78 FR 63881) and July 10, 2015 (80 FR 39696),
the EPA made determinations that the Liberty-Clairton Area had attained
the 1997 annual PM<INF>2.5</INF> NAAQS by the applicable attainment
date and has data showing that the Area attained the 2006 24-hour
PM<INF>2.5</INF> NAAQS, respectively. Pursuant to 40 CFR 51.1015(a) and
based on these determinations, the requirements for the Liberty-
Clairton Area to submit an attainment demonstration, RACM, RFP,
contingency measures, and other planning SIPs related to the attainment
of either the 1997 annual or 2006 24-hour PM<INF>2.5</INF> NAAQS were,
and continue to be, suspended until such time as: the Liberty-Clairton
Area is redesignated to attainment for each standard, at which time the
requirements no longer apply; or the EPA determines that the Liberty-
Clairton Area has again violated any of the standards, at which time
such plans are required to be submitted. On May 10, 2017 (82 FR 21711),
the EPA also determined in accordance with section 179(c) of the CAA,
that the Liberty-Clairton Area attained the 2006 24-hour
PM<INF>2.5</INF> NAAQS by the applicable attainment date.
The EPA issued a rule entitled ``Fine Particulate Matter National
Ambient Air Quality Standards: State Implementation Plan Requirements''
(``PM<INF>2.5</INF> SIP Requirements Rule'').\7\ This rule clarifies
how states should meet the statutory SIP requirements that apply to
areas designated nonattainment for any PM<INF>2.5</INF> NAAQS under
subparts 1 and 4. It does so by establishing regulatory requirements
and by providing guidance that is applicable to areas that are
currently designated nonattainment for existing PM<INF>2.5</INF> NAAQS
and areas that are designated nonattainment for any PM<INF>2.5</INF>
NAAQS in the future. In addition, the rule responds to the D.C.
Circuit's remand of the 1997 PM<INF>2.5</INF> Implementation Rules. As
a result, the requirements of the rule also govern future actions
associated with states' ongoing implementation efforts for the
PM<INF>2.5</INF> NAAQS. In the PM<INF>2.5</INF> SIP Requirements Rule,
the EPA revoked the 1997 primary annual PM<INF>2.5</INF> NAAQS in areas
that had always been attainment for that NAAQS, and in areas that had
been designated as nonattainment but that were redesignated to
attainment before October 24, 2016, the PM<INF>2.5</INF> SIP
Requirements Rule effective date.\8\
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\7\ See 81 FR 58010 (August 24, 2016). See also 40 CFR 51.1000
through 51.1016.
\8\ Id. See also 40 CFR 50.13(d).
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In the August 24, 2016 final rule, the EPA also finalized a
provision to revoke the 1997 primary annual PM<INF>2.5</INF> NAAQS in
areas redesignated to attainment after October 24, 2016, on the
effective date of an area's redesignation.\9\ If this redesignation
proposal is finalized, the 1997 primary annual PM<INF>2.5</INF> NAAQS
will be revoked for the Liberty-Clairton Area on the effective date of
the redesignation. Beginning on that date, the Liberty-Clairton Area
will no longer be subject to transportation or general conformity
requirements for the 1997 annual PM<INF>2.5</INF> NAAQS due to
revocation of the primary NAAQS.\10\ If redesignated for the 1997
annual PM<INF>2.5</INF> NAAQS, the Liberty-Clairton Area will be
required to implement the maintenance plan requirements under section
175A for the 1997 annual PM<INF>2.5</INF> NAAQS, and the prevention of
significant deterioration (PSD) program for the 1997 annual
PM<INF>2.5</INF> NAAQS. Once approved, the maintenance plan can only be
revised if the revision meets the requirements of CAA section 110(l)
and, if applicable, CAA section 193. As described in the
PM<INF>2.5</INF> SIP Requirements Rule, those 1997 annual
PM<INF>2.5</INF> maintenance areas with a revoked NAAQS are no longer
required to submit a second 10-year maintenance plan for the 1997
annual PM<INF>2.5</INF> NAAQS.\11\
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\9\ See 40 CFR 50.13(d).
\10\ See 81 FR 58009 at 58125-6 (August 24, 2016).
\11\ See 81 FR 58009 at 58144 (August 24, 2016).
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Similarly, if this proposal is finalized, the Liberty-Clairton Area
will be redesignated to attainment for the 2006 24-hour
PM<INF>2.5</INF> NAAQS and be required to implement the maintenance
plan requirements under CAA section 175A for the 2006 24-hour
PM<INF>2.5</INF> NAAQS, and the PSD program for the 24-hour
PM<INF>2.5</INF> NAAQS. Once approved, the maintenance plan can only be
revised if the revision meets the requirements of CAA section 110(l)
and, if applicable, CAA section 193. Under CAA section 175A, an
additional maintenance plan for a subsequent 10-year period following
the initial 10-year maintenance period is required for the 2006 24-hour
PM<INF>2.5</INF> NAAQS within eight years after redesignation to
attainment.
C. Allegheny County Area--2012 Annual PM2.5 NAAQS
On January 15, 2015 (80 FR 2206), the EPA published air quality
designations for the 2012 annual PM<INF>2.5</INF> NAAQS. In that
action, the EPA designated all municipalities in Allegheny County,
Pennsylvania (Allegheny County Area) as one nonattainment area for the
2012 annual PM<INF>2.5</INF> NAAQS. On March 16, 2022 (87 FR 14799),
the EPA determined that the Allegheny County Area had clean data and
attained the 2012 annual PM<INF>2.5</INF> NAAQS based on certified air
quality data from 2018-2020. That action suspended the requirement for
the Allegheny County Area to submit an attainment demonstration, RACM,
RFP, and contingency measures related to attainment of the 2012 annual
PM<INF>2.5</INF> NAAQS for so long as the Allegheny County Area
continued to attain the standard. On May 19, 2023 (88 FR 32117), the
EPA determined that the Allegheny County Area had attained the 2012
annual PM<INF>2.5</INF> NAAQS by the applicable attainment date based
on certified air quality data from 2019-
[[Page 14942]]
2021. If this proposal is finalized, the EPA will approve the
maintenance plan for the Allegheny County Area for the 2012 annual
PM<INF>2.5</INF> NAAQS as meeting the requirements under CAA section
175A, including contingency provisions that would correct any
violations of the 2012 annual PM<INF>2.5</INF> NAAQS through 2035. As
stated previously, this action will not redesignate the Allegheny
County Area to attainment of the 2012 annual PM<INF>2.5</INF> NAAQS.
Notably, all applicable nonattainment area requirements for the
Allegheny County Area for the 2012 annual PM<INF>2.5</INF> NAAQS shall
remain in place until such time as Pennsylvania submits a request for
redesignation pursuant to section 107(d)(3) of the CAA and the EPA
determines that the Allegheny County Area meets the CAA requirements
for redesignation to attainment and takes action to redesignate the
Allegheny County Area for the 2012 annual PM<INF>2.5</INF> NAAQS.
III. The EPA's Requirements for Redesignation and Maintenance Plans
A. Criteria for Redesignation to Attainment
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided that: (1) the EPA determines that the
area has attained the applicable NAAQS; (2) the EPA has fully approved
the applicable implementation plan for the area under section 110(k);
(3) the EPA determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions; (4) the EPA has fully approved a maintenance plan for the
area as meeting the requirements of section 175A of the CAA; and (5)
the state containing such area has met all requirements applicable to
the area under section 110 and part D of the CAA. Each of these
requirements are discussed in section IV of this proposed rulemaking
action. The EPA provided guidance on redesignations in the ``SIPs;
General Preamble for the Implementation of title I of the CAA
Amendments of 1990,'' (the General Preamble) \12\ and has provided
further guidance on processing redesignation requests in the following
documents: (1) ``Procedures for Processing Requests to Redesignate
Areas to Attainment,'' Memorandum from John Calcagni, Director, Air
Quality Management Division, September 4, 1992 (hereafter referred to
as the 1992 Calcagni Memorandum or Calcagni Memo); (2) ``SIP Actions
Submitted in Response to CAA Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
and (3) ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.
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\12\ See 57 FR 13498 (April 16, 1992).
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B. Requirements of a Maintenance Plan
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after approval of a
redesignation of an area to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period.\13\ To address the
possibility of future NAAQS violations, the maintenance plan must
contain such contingency measures, with a schedule for implementation,
as the EPA deems necessary to assure prompt correction of any future
PM<INF>2.5</INF> violations. The 1992 Calcagni Memorandum provides
additional guidance on the content of a maintenance plan. The
Memorandum states that a maintenance plan should address the following
provisions: (1) an attainment emissions inventory; (2) a maintenance
demonstration showing maintenance for 10 years; (3) a commitment to
maintain an ambient air quality monitoring network in accordance with
40 CFR part 58; (4) verification of continued attainment; and (5) a
contingency plan to prevent or correct future violations of the NAAQS.
Under the CAA, states are required to submit, at various times, control
strategy SIP revisions for nonattainment areas and maintenance plans
for areas seeking redesignation to attainment for a given NAAQS. These
emission control strategy SIP revisions (e.g., RFP and attainment
demonstration SIP revisions) and maintenance plans also include MVEBs
based on onroad mobile source emissions for the relevant criteria
pollutants and/or their precursors, where appropriate, to address
pollution from onroad transportation sources. The MVEBs are the
portions of the total allowable emissions that are allocated to onroad
vehicle use that, together with emissions from all other sources in the
area, will provide attainment, RFP, or maintenance, as applicable. The
budget serves as a ceiling on emissions from an area's planned
transportation system. Under 40 CFR part 93, a MVEB for an area seeking
a redesignation to attainment is established for the last year of the
maintenance plan. The maintenance plan for the Allegheny County Area
includes updated PM<INF>2.5</INF> and NO<INF>X</INF> MVEBs for the
years 2017, 2026, and 2035 for transportation conformity purposes. The
transportation conformity analysis for the Allegheny County Area and
Liberty-Clairton Area is further discussed in section IV.C. of this
proposed rulemaking action.
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\13\ As stated previously, a second maintenance is plan is not
required for the Liberty-Clairton Area for the 1997 annual
PM<INF>2.5</INF> NAAQS because the standard will be revoked upon
redesignation to attainment. See 81 FR 58010 (August 24, 2016).
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IV. The EPA's Analysis of Pennsylvania's Submittal
The EPA is proposing several rulemaking actions for the Liberty-
Clairton Area and Allegheny County Area. For the Liberty-Clairton Area,
the EPA is proposing the following actions: (1) to redesignate the
Liberty-Clairton Area to attainment for the 1997 annual and 2006 24-
hour PM<INF>2.5</INF> NAAQS; and (2) to approve into the Pennsylvania
SIP the associated maintenance plan for the 1997 annual and 2006 24-
hour PM<INF>2.5</INF> NAAQS for the Liberty-Clairton Area. The EPA's
proposed approval of the redesignation request and maintenance plan for
the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS for the
Liberty-Clairton Area is based upon the EPA's determination that the
Liberty-Clairton Area continues to attain both standards, which the EPA
is proposing in this rulemaking action, and that all other
redesignation criteria have been met for the Liberty-Clairton Area. For
the Allegheny County Area, the EPA is proposing the following actions:
(1) to approve into the Pennsylvania SIP the maintenance plan for the
2012 annual PM<INF>2.5</INF> NAAQS; and (2) to find the 2017, 2026, and
2035 MVEBs for PM<INF>2.5</INF> and NO<INF>X</INF> adequate and to
approve these MVEBs into the Pennsylvania SIP for transportation
conformity purposes. The following is a description of how
Pennsylvania's November 30, 2022, SIP submittal satisfies the
requirements of the CAA.
A. Redesignation Request for the Liberty-Clairton Area
1. Attainment
To redesignate an area from nonattainment to attainment, the CAA
requires the EPA to determine that the
[[Page 14943]]
area has attained the applicable NAAQS (CAA section 107(d)(3)(E)(i)).
Under the EPA's regulations at 40 CFR 50.7 and 40 CFR part 50, appendix
N, the 1997 annual PM<INF>2.5</INF> NAAQS is met when the annual
PM<INF>2.5</INF> NAAQS design value is less than or equal to 15.0
[mu]g/m\3\ at all monitoring sites in the area.\14\ Under the EPA's
regulations at 40 CFR 50.13, and in accordance with 40 CFR part 50,
appendix N, the 24-hour PM<INF>2.5</INF> NAAQS is met when the 24-hour
PM<INF>2.5</INF> NAAQS design value is less than or equal to 35 [mu]g/
m\3\ at all monitoring sites in the area.\15\ The relevant data must be
collected and quality-assured in accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System (AQS) database.
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\14\ The annual PM<INF>2.5</INF> NAAQS design value is the 3-
year average of PM<INF>2.5</INF> annual mean mass concentrations.
Three years of valid annual means are required to produce a valid
annual PM<INF>2.5</INF> NAAQS design value. A year meets data
completeness requirements when at least 75 percent of the scheduled
sampling days for each quarter have valid data. See 40 CFR part 50,
appendix N.
\15\ The 24-hour PM<INF>2.5</INF> NAAQS design value is the 3-
year average of annual PM<INF>2.5</INF> 24-hour 98th percentile mass
concentrations. Three years of valid annual PM<INF>2.5</INF> 98th
percentile mass concentrations are required to produce a valid 24-
hour PM<INF>2.5</INF> NAAQS design value. A year meets data
completeness requirements when at least 75 percent of the scheduled
sampling days for each quarter have valid data. See 40 CFR part 50,
appendix N.
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As referenced previously, on October 25, 2013 (78 FR 63881), the
EPA determined that the Liberty-Clairton Area attained the 1997 annual
PM<INF>2.5</INF> NAAQS by its applicable attainment date of December
31, 2011, based upon quality-assured and certified ambient air quality
monitoring data for 2009-2011 and continued to attain the 1997 annual
PM<INF>2.5</INF> NAAQS based on quality-assured and certified ambient
air quality monitoring data for 2010-2012. On July 10, 2015 (80 FR
39696) the EPA determined that the Liberty-Clairton Area attained the
2006 24-hour PM<INF>2.5</INF> NAAQS, based on quality-assured and
certified ambient air quality monitoring data for 2012-2014. In a
separate rulemaking action on May 10, 2017 (82 FR 21711), the EPA also
determined that the Liberty-Clairton Area attained the 2006 24-hour
PM<INF>2.5</INF> NAAQS by the applicable attainment date of December
31, 2015, based upon quality-assured and certified ambient air quality
monitoring data for 2013-2015. The basis and effect of these
determinations of attainment for both the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS were discussed in the notices of the proposed
and final rulemakings which determined the Liberty-Clairton Area
attained the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS.\16\
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\16\ See notices of the proposed rulemakings at 78 FR 44070
(July 23, 2013), 80 FR 22666 (April 23, 2015), and 81 FR 91088
(December 16, 2016).
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The EPA has reviewed the ambient air quality PM<INF>2.5</INF>
monitoring data in the Liberty-Clairton Area consistent with the
requirements contained in 40 CFR part 50 and recorded in the EPA's AQS,
including quality-assured, quality-controlled, and state-certified data
for the recent 3-year monitoring periods 2017-2019 through 2021-2023
for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS. This data,
provided in tables 1 and 2 in this document, shows that the Liberty-
Clairton Area continues to attain the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS. Two ambient PM<INF>2.5</INF> air monitoring
sites are located within the Liberty-Clairton Area. For the Liberty-
Clairton Area to attain the 1997 annual PM<INF>2.5</INF> NAAQS, the
design value at both monitoring sites must be less than or equal to
15.0 [mu]g/m\3\. For the Liberty-Clairton Area to attain the 2006 24-
hour PM<INF>2.5</INF> NAAQS, the design value at both monitoring sites
must be less than or equal to 35.0 [mu]g/m\3\.
Table 1--Design Values for the Liberty-Clairton Area for the 1997 Annual PM2.5 NAAQS ([mu]g/m\3\) for Monitoring
Periods 2017-2019 Through 2021-2023
----------------------------------------------------------------------------------------------------------------
Monitor ID No. 2017-2019 2018-2020 2019-2021 2020-2022 2021-2023
----------------------------------------------------------------------------------------------------------------
Liberty, 420030064............................. 12.4 11.1 11.2 10.9 11.6
Clairton, 420033007............................ 8.8 8.0 8.1 7.9 8.4
----------------------------------------------------------------------------------------------------------------
Table 2--Design Values for the Liberty-Clairton Area for the 2006 24-Hour PM2.5 NAAQS ([mu]g/m\3\) for
Monitoring Periods 2017-2019 Through 2021-2023
----------------------------------------------------------------------------------------------------------------
Monitor ID No. 2017-2019 2018-2020 2019-2021 2020-2022 2021-2023
----------------------------------------------------------------------------------------------------------------
Liberty, 420030064............................. 35 32 32 30 33
Clairton, 420033007............................ 19 19 20 19 21
----------------------------------------------------------------------------------------------------------------
The EPA's review of the monitoring data from 2017 through 2023
supports the EPA's previous determinations that the Liberty-Clairton
Area has attained the 1997 annual and 2006 24-hour PM<INF>2.5</INF>
NAAQS, and that the Liberty-Clairton Area continues to attain both
standards. In addition, as discussed subsequently, with respect to the
maintenance plan, Pennsylvania commits to maintain an ambient air
quality monitoring network in accordance with 40 CFR part 58. Thus,
based upon an analysis of currently available data, the EPA is
proposing to determine that the Liberty-Clairton Area continues to
attain the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D of the CAA and Has a Fully Approved SIP Under Section 110(k)
The SIP revision for the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS for the Liberty-Clairton Area must be fully
approved under section 110(k) and in accordance with section
107(d)(3)(E)(v), all the requirements applicable to the Liberty-
Clairton Area under section 110 of the CAA (general SIP requirements)
and part D of title I of the CAA (SIP requirements for nonattainment
areas) must be met.
a. Section 110 General SIP Requirements
Section 110(a)(2) of title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in section
110(a)(2), which are commonly referred
[[Page 14944]]
to as ``infrastructure SIPs,'' include, but are not limited to, the
following: (1) submittal of a SIP that has been adopted by the state
after reasonable public notice and hearing; (2) provisions for
establishment and operation of appropriate procedures needed to monitor
ambient air quality; (3) implementation of a minor source permit
program and provisions for the implementation of part C requirements
(PSD); (4) provisions for the implementation of part D requirements for
NSR permit programs; (5) provisions for air pollution modeling; and (6)
provisions for public and local agency participation in planning and
emission control rule development. CAA 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;
the portion of a state's SIP that include these measures is known as an
interstate transport SIP. However, these CAA section 110(a)(2)(D)
requirements apply to a state and are not linked with a particular
nonattainment area's designation and classification in that state. The
interstate transport SIP submittal requirements, where applicable,
continue to apply to a state regardless of the designation of any one
area in the state. Thus, the EPA has determined that these requirements
are not applicable requirements for purposes of redesignation. Instead,
the EPA has determined that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures, i.e., the requirements that must be met for the EPA to
redesignate an area. In addition, the EPA has determined that the other
CAA section 110(a)(2) elements not connected with nonattainment plan
submissions and not linked with an area's attainment status are not
applicable requirements for purposes of redesignation because the area
will still be subject to these requirements after it is redesignated.
The EPA concludes that the CAA section 110(a)(2) 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, and that section 110(a)(2) elements not linked
to the area's nonattainment status are not applicable for purposes of
redesignation. The EPA has applied this interpretation consistently in
many redesignations.\17\
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\17\ See, e.g., 81 FR 4420 (July 17, 2006) (final redesignation
for the Sullivan County, Tennessee area); 79 FR 43655 (July 28,
2014) (final redesignation for Bellefontaine, Ohio lead
nonattainment area); 61 FR 53174-53176 (October 10, 1996) and 62 FR
24826 (May 7 1997) (proposed and final redesignation of Reading,
Pennsylvania ozone nonattainment area); 61 FR 20458 (May 7 1996)
(final redesignation for Cleveland-Akron Lorain, Ohio ozone
nonattainment area); 60 FR 62748 (December 7, 1995) (final
redesignation of Tampa, Florida ozone nonattainment area); See also
65 FR 37879, 37890, (June 19, 2000) (discussing this issue in final
redesignation of Cincinnati, Ohio 1- hour ozone nonattainment area);
and 66 FR 50399 (October 19, 2001) (final redesignation of
Pittsburgh, Pennsylvania 1-hour ozone nonattainment area).
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The EPA has reviewed the Pennsylvania SIP and has concluded that it
meets the general SIP requirements under section 110(a)(2) of the CAA
to the extent they are applicable for purposes of redesignation. The
EPA has previously approved provisions of Pennsylvania's SIP addressing
section 110(a)(2) requirements, including provisions addressing
PM<INF>2.5</INF>.\18\ These requirements are, however, statewide
requirements that are not linked to the PM<INF>2.5</INF> nonattainment
status of the Liberty-Clairton Area. Therefore, the EPA proposes to
determine that Pennsylvania has met all general SIP requirements for
the Liberty-Clairton Area that are applicable for purposes of
redesignation under section 110 of the CAA.
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\18\ See 77 FR 58955 (September 25, 2012) (approving
infrastructure SIP submittals for 1997 and 2006 PM<INF>2.5</INF>
NAAQS).
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b. Part D Requirements
Subparts 1 and 4 of part D, title 1 of the CAA contain air quality
planning requirements for PM<INF>2.5</INF> nonattainment areas. Subpart
1 contains general requirements for all nonattainment areas of any
pollutant, including PM<INF>2.5</INF>, governed by a NAAQS. Subpart 1
requirements include, among other things, provisions for RACM, RFP,
emissions inventories, contingency measures, transportation conformity
and general conformity. Subpart 4 contains specific planning and
scheduling requirements for PM<INF>2.5</INF> nonattainment areas. The
requirements in section 189(a), (c), (e) apply specifically to Moderate
PM<INF>2.5</INF> nonattainment areas and include an approved permit
program for construction of new and modified major stationary sources,
provisions for RACM, an attainment demonstration, quantitative
milestones demonstrating RFP toward attainment by the applicable
attainment date, and provisions to ensure that the control requirements
applicable to major stationary sources of PM<INF>2.5</INF> also apply
to PM<INF>2.5</INF> precursors, except where the Administrator has
determined that such sources do not contribute significantly to
PM<INF>2.5</INF> levels that exceed the NAAQS in the area. The
applicability of these requirements to this action are addressed in the
following sections.
c. Subpart 1 Requirements
Subpart 1 sets forth the basic nonattainment plan requirements
applicable to PM<INF>2.5</INF> nonattainment areas. Under section 172,
states with nonattainment areas must submit plans providing for timely
attainment and must meet a variety of other requirements. The EPA's
longstanding interpretation of the nonattainment planning requirements
of section 172 is that once an area is attaining the NAAQS, those
requirements are not ``applicable'' for purposes of section
107(d)(3)(E)(ii) and therefore need not be approved into the SIP before
the EPA can redesignate the area. In the 1992 General Preamble for
Implementation of Title I, the EPA set forth its interpretation of
applicable requirements for purposes of evaluating redesignation
requests when an area is attaining a standard.\19\ The EPA noted that
the requirements for RFP and other measures designed to provide for
attainment do not apply in evaluating redesignation requests because
those nonattainment planning requirements ``have no meaning'' for an
area that has already attained the standard.\20\ This interpretation
was also set forth in the 1992 Calcagni Memorandum. The EPA's
understanding of section 172 also forms the basis of its Clean Data
Policy, which was articulated with regard to PM<INF>2.5</INF> in 40 CFR
51.1015(a), and suspends a state's obligation to submit most of the
attainment planning requirements that would otherwise apply, including
an attainment demonstration and planning SIPs to provide for RFP, RACM,
and contingency measures under section 172(c)(9).\21\ Courts have
upheld the EPA's interpretation of section 172(c)(1)'s ``reasonably
available'' control measures and control technology as meaning only
those controls that advance attainment, which precludes the need to
require additional measures where an area is already attaining.\22\
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\19\ See 57 FR 13498, 13564 (April 16, 1992).
\20\ Id.
\21\ This regulation was promulgated as part of the 1997
PM<INF>2.5</INF> NAAQS implementation rule that was subsequently
challenged and remanded in NRDC v. EPA, 706 F.3d 428 (D.C. Cir.
2013), as discussed in section II.B of this rulemaking. However, the
Clean Data Policy portion of the implementation rule was not at
issue in that case.
\22\ See NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 2009);
Sierra Club v. EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); Sierra Club
v. EPA, 314 F.3d 735, 744 (5th Cir. 2002).
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Therefore, because attainment has been reached for the 1997 annual
and
[[Page 14945]]
2006 24-hour PM<INF>2.5</INF> NAAQS in the Liberty-Clairton Area, no
additional measures are needed to provide for attainment of these
standards, and the section 172(c)(1) requirements for an attainment
demonstration and RACM are no longer considered to be applicable for
purposes of redesignation as long as the Liberty-Clairton Area
continues to attain each standard until redesignation.\23\ Section
172(c)(2)'s requirement that nonattainment plans contain provisions
promoting reasonable further progress toward attainment is also not
relevant for purposes of redesignation because the EPA has determined
that the Liberty-Clairton Area has monitored attainment of the 1997
annual and 2006 24-hour PM<INF>2.5</INF> NAAQS. In addition, because
the Liberty-Clairton Area has attained the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS and is no longer subject to an RFP requirement,
the requirement to submit the section 172(c)(9) contingency measures is
not applicable for purposes of redesignation. Section 172(c)(6)
requires the SIP to contain control measures necessary to provide for
attainment of the NAAQS. Because attainment has been reached, no
additional measures are needed to provide for attainment.
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\23\ See October 25, 2013 (78 FR 63881) and July 10, 2015 (80 FR
39696).
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The requirement under section 172(c)(3) of the CAA was not
suspended by the EPA's clean data determination for the 1997 annual and
2006 24-hour PM<INF>2.5</INF> NAAQS. Section 172(c)(3) of the CAA
requires submission and approval of a comprehensive, accurate, and
current inventory of actual emissions. For purposes of the
PM<INF>2.5</INF> NAAQS, this emissions inventory should address not
only direct emissions of PM<INF>2.5</INF>, but also emissions of all
precursors with the potential to participate in PM<INF>2.5</INF>
formation, i.e., SO<INF>2</INF>, NO<INF>X</INF>, VOC and
NH<INF>3</INF>. To satisfy the 172(c)(3) requirement, on January 2,
2014 (79 FR 00054) and October 2, 2015 (80 FR 59615), the EPA approved
the 2002 base year emissions inventory for the 1997 annual
PM<INF>2.5</INF> NAAQS and the 2007 base year emissions inventory for
the 2006 24-hour PM<INF>2.5</INF> NAAQS, respectively, for the Liberty-
Clairton Area.
Section 172(c)(4) of the CAA requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and section 172(c)(5) requires source
permits for the construction and operation of new and modified major
stationary sources anywhere in the nonattainment area. The EPA has
determined that, since PSD requirements will apply after redesignation,
areas being redesignated need not comply with the requirement that a
nonattainment NSR program be approved prior to redesignation, provided
that the area demonstrates maintenance of the NAAQS without a
nonattainment NSR program. 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.'' Nevertheless, Pennsylvania currently has an approved NSR
program codified in Pennsylvania's regulations at 25 Pa. Code Chapter
127.201, et seq.\24\ Pennsylvania's regulations were incorporated by
reference into ACHD's nonattainment new source review regulations for
Allegheny County on March 30, 2015 (80 FR 16568). However, ACHD's PSD
program in Section 2102.07 of Article XXI of Allegheny County Health
Department's Rules and Regulations for Air Pollution Control for
PM<INF>2.5</INF> will become effective in the Liberty-Clairton Area
upon redesignation to attainment. Section 2102.07 of Article XXI
adopted in its entirety, and incorporated by reference, the PSD
requirements of 40 CFR part 52.
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\24\ See 77 FR 41276 (July 13, 2012) (approving NSR program into
the SIP).
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Section 172(c)(7) of the CAA requires the SIP to meet the
applicable provisions of section 110(a)(2). As noted previously, the
EPA believes the Pennsylvania SIP meets the requirements of section
110(a)(2) that are applicable for purposes of redesignation, which have
been identified as sections 172(c)(3) through (5).
Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' In
conjunction with its request to redesignate the Liberty-Clairton Area
to attainment status, Pennsylvania submitted, on behalf of ACHD, a SIP
revision on November 30, 2022, to provide for maintenance of the 1997
annual and 2006 24-hour PM<INF>2.5</INF> NAAQS in the Liberty-Clairton
Area for at least 10 years after redesignation, throughout 2035. ACHD
is requesting that the EPA approve the maintenance plan to meet the
requirement of section 175A of the CAA for both NAAQS for the Liberty-
Clairton Area. Once approved, the maintenance plan for the Liberty-
Clairton Area will ensure that the SIP for Pennsylvania meets the
requirements of the CAA regarding maintenance of the 1997 annual and
2006 24-hour PM<INF>2.5</INF> NAAQS for the Liberty-Clairton Area. ACHD
is also requesting that the EPA approve the maintenance plan for the
Allegheny County Area for the 2012 annual PM<INF>2.5</INF> NAAQS as
meeting the requirements of section 175A of the CAA without
redesignating the Allegheny County Area to attainment of the 2012
annual PM<INF>2.5</INF> NAAQS. The EPA's analysis of the maintenance
plan is provided in section IV.B of this proposed rulemaking action.
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
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 (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
which the EPA promulgated pursuant to its authority under the CAA. The
EPA interprets the conformity SIP requirements as not applying for
purposes of evaluating a redesignation request under CAA section 107(d)
because state conformity rules are still required after redesignation,
and Federal conformity rules apply where state rules have not been
approved.\25\ Nonetheless, the EPA approved Pennsylvania's
transportation conformity SIP requirements on April 29, 2009 (74 FR
19451).
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\25\ See Wall v. EPA, 265 F. 3d 426 (6th Cir. 2001) (upholding
this interpretation) and 60 FR 62748 (December 7, 1995) (discussing
Tampa, Florida).
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d. Subpart 4 Requirements
As discussed in section II of this document, in NRDC v. EPA, the
D.C. Circuit held that the EPA should have implemented the 1997
PM<INF>2.5</INF> annual NAAQS pursuant to the particulate matter-
specific provisions of subpart 4. On remand, the EPA identified all
areas designated nonattainment for either the 1997 or the 2006
PM<INF>2.5</INF> NAAQS, including the Liberty-Clairton Area, as
[[Page 14946]]
Moderate nonattainment for purposes of subpart 4 in the Classifications
and Deadlines Rule.\26\ Moderate nonattainment areas are subject to the
requirements of CAA sections 189(a), (c), and (e), including: (1) an
approved permit program for construction of new and modified major
stationary sources (section 189(a)(1)(A)); (2) an attainment
demonstration (section 189(a)(1)(B)); (3) provisions for RACM (section
189(a)(1)(C)); (4) quantitative milestones demonstrating RFP toward
attainment by the applicable attainment date (section 189(c)); and (5)
precursor control (section 189(e)).
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\26\ See 79 FR 31566 (June 2, 2014) and 40 CFR 81.339.
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With respect to the specific attainment planning requirements under
subpart 4, the EPA applies the same interpretation that it applies to
attainment planning requirements under subpart 1 or any other
pollutant-specific subparts. That is, under its longstanding
interpretation of the CAA, where an area is already attaining the
standard, the EPA does not consider those attainment planning
requirements to be applicable for purposes of evaluating a request for
redesignation, that is, CAA section 107(d)(3)(E)(ii) or (v), because
requirements that are designed to help an area achieve attainment no
longer have meaning where an area is already meeting the standard. The
EPA is therefore proposing to determine that the specific attainment
planning requirements under subpart 4 are not applicable for evaluating
ACHD's redesignation request.
CAA section 189(e) provides that control requirements for major
stationary sources of direct PM<INF>10</INF> (including
PM<INF>2.5</INF>) shall also apply to particulate matter precursors
from those sources, except where the EPA determines that major
stationary sources of such precursors do not contribute significantly
to PM<INF>10</INF> levels that exceed the standard in the area. The CAA
does not explicitly address whether it would be appropriate to include
a potential exemption from precursor controls for all source categories
under certain circumstances. In implementing subpart 4 with regard to
controlling PM<INF>10</INF>, the EPA permitted states to determine that
a precursor was ``insignificant'' where the state could show in its
attainment plan that it would expeditiously attain without adoption of
emission reduction measures aimed at that precursor. This approach was
upheld in the Association of Irritated Residents v. EPA, 423 F.3d 989
(9th Cir. 2005) and extended to PM<INF>2.5</INF> implementation in the
PM<INF>2.5</INF> SIP Requirements Rule. A state may develop its
attainment plan and adopt RACM that target only those precursors that
are necessary to control for purposes of timely attainment.\27\ For the
Liberty-Clairton Area, a precursor exemption analysis under section
189(e) and the EPA's implementing regulations is not an applicable
requirement that needs to be fully approved in the context of a
redesignation under CAA section 107(d)(3)(E)(ii). As discussed
previously in this document, for areas that are attaining the standard,
the EPA does not interpret attainment planning requirements of subparts
1 and 4 to be applicable requirements for purposes of redesignating an
area to attainment. On October 25, 2013 (78 FR 63881) and May 10, 2017
(82 FR 21711), the EPA determined that the Liberty-Clairton Area had
attained the 1997 annual and 24-hour PM<INF>2.5</INF> NAAQS by the
respective statutory attainment dates. Having attained and maintained
the NAAQS, the Liberty-Clairton Area needs no additional controls of
any pollutant, including any PM<INF>2.5</INF> precursor, to bring it
into attainment with the 1997 annual and 2006 24-hour PM<INF>2.5</INF>
NAAQS. In section IV.A.1 of this document, the EPA made a finding that
the Liberty-Clairton Area continues to attain both NAAQS, and in
section IV.A.3 of this document, the EPA has determined that the
Liberty-Clairton Area has attained the standards due to permanent and
enforceable emissions reductions. Further, as set forth in section IV.B
of this document, the EPA is proposing to find that the Liberty-
Clairton Area maintenance plan demonstrates continued maintenance of
the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS standard
through 2035, which also demonstrates that the PM<INF>2.5</INF>
precursors are insignificant. Taken together, these factors support our
conclusion that PM<INF>2.5</INF> precursors are adequately
controllable.
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\27\ See 81 FR 58010 (August 24, 2016).
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For these reasons, the EPA proposes to find that ACHD has satisfied
all applicable requirements for purposes of redesignation of the
Liberty-Clairton Area under section 110 and part D of the CAA.
e. The Liberty-Clairton Area Has a Fully Approved Applicable SIP Under
Section 110(k) of the CAA
At various times, ACHD and PADEP have submitted, and the EPA has
approved, provisions addressing the various SIP elements applicable for
the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS. As discussed
above, the EPA has fully approved all applicable requirements of
Pennsylvania's SIP for the Liberty-Clairton Area for purposes of
redesignation to attainment for the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS in accordance with section 110(k) of the CAA.
The EPA has determined that there are no outstanding SIP elements
required for the Liberty-Clairton Area for purposes of redesignation to
attainment for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS.
Indicated above, the EPA believes that the section 110 elements not
connected with nonattainment plan submissions and not linked to an
area's nonattainment status are not applicable requirements for
purposes of redesignation. The EPA may rely on prior SIP approvals in
approving a redesignation request (see the Calcagni Memo at page 3;
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426), plus any
additional measures it may approve in conjunction with a redesignation
action (see 68 FR 25426 (May 12, 2003) and citations therein).
3. Permanent and Enforceable Reductions in Emissions
For redesignating a nonattainment area to attainment, 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 and applicable
Federal air pollution control regulations and other permanent and
enforceable reductions. For the 1997 annual PM<INF>2.5</INF> NAAQS,
ACHD has calculated the change in emissions between the 2002 base year
and a 2011 control year, the year for which the Liberty-Clairton Area
monitored attainment for the 1997 annual PM<INF>2.5</INF> NAAQS. For
the 2006 24-hour PM<INF>2.5</INF> NAAQS, ACHD calculated the change in
emissions between the 2007 base year and a 2014 control year, the year
for which the Liberty-Clairton Area monitored attainment for the 2006
24-hour PM<INF>2.5</INF> NAAQS. ACHD took emissions from the NEI for
both the 2011 and 2014 control years. Point source emissions were for
sources within the Liberty-Clairton Area, and area and mobile source
emissions were scaled from the county level to the area-level based on
population percentage of the Liberty-Clairton area. A summary of the
emissions reductions in tons per year (tpy) of PM<INF>2.5</INF>,
NO<INF>X</INF>, SO<INF>2</INF>, VOC, and NH<INF>3</INF> from the base
year to the control year in the Liberty-Clairton Area, provided by
ACHD, is shown in tables 3 and 4, in this document, for the 1997
[[Page 14947]]
annual and 2006 24-hour PM<INF>2.5</INF> NAAQS, respectively.\28\
---------------------------------------------------------------------------
\28\ See Appendix B of ACHD's submission for further information
regarding the emission inventory methodology and emission data by
category totals for the Liberty-Clairton Area.
Table 3--Liberty-Clairton Emissions Reductions, 1997 Annual PM2.5 NAAQS
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Liberty-Clairton totals (1997
annual PM2.5 NAAQS) PM2.5 PM10 SO2 NOX VOC NH3
----------------------------------------------------------------------------------------------------------------
2002 Base Year.................... 2,266 2,933 1,469 6,377 1,089 321
2011 Control Year................. 644 841 1,492 3,456 776 138
Reduction, Base to Control Year... -1,622 -2,092 23 -2,921 -313 -183
Percent Change.................... -72% -71% 2% -46% -29% -57%
----------------------------------------------------------------------------------------------------------------
Table 4--Liberty-Clairton Emissions Reductions, 2006 24-Hour PM2.5 NAAQS
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Liberty-Clairton totals (2006 24-
hour PM2.5 NAAQS) PM2.5 PM10 SO2 NOX VOC NH3
----------------------------------------------------------------------------------------------------------------
2007 Base Year.................... 998 1,214 1,811 5,593 1,106 28
2014 Control Year................. 739 1,003 1,520 4,177 751 156
Reduction, Base to Control Year... -259 -211 -291 -1,416 -355 128
Percent Change.................... -26% -17% -16% -25% -32% 457%
----------------------------------------------------------------------------------------------------------------
From the 2002 base year to the 2011 control year for the 1997
annual PM<INF>2.5</INF> NAAQS, overall PM<INF>2.5</INF> emissions were
reduced by 72%. SO<INF>2</INF> increased nominally by 2%; however, all
other PM<INF>2.5</INF> precursors measured reductions. From the 2007
base year to the 2014 control year for the 2006 24-hour
PM<INF>2.5</INF> NAAQS, NH<INF>3</INF> was the only pollutant that did
not show a reduction in the area. However, NH<INF>3</INF> was found to
be an insignificant precursor for attainment in Allegheny County,
including the Liberty-Clairton Area.\29\ The reduction in emissions and
the corresponding improvement in air quality in the Liberty-Clairton
Area from 2002 to 2011 for the 1997 annual PM<INF>2.5</INF> NAAQs, and
2007 to 2014 for the 2006 24-hour PM<INF>2.5</INF> NAAQs, can be
attributed to a number of control measures that have been implemented
in the Liberty-Clairton Area and contributing areas in recent years.
---------------------------------------------------------------------------
\29\ See EPA's proposed approval of certain elements of
Allegheny County's 2012 PM<INF>2.5</INF> attainment plan, including
the precursor demonstration discussion, at 85 FR 35852 (May 14,
2021).
---------------------------------------------------------------------------
ACHD identified implemented source controls at the United States
Steel Corporation (USS) Mon Valley Works (MVW) Clairton Plant (USS
Clairton Plant) that have contributed to reductions of PM<INF>2.5</INF>
levels in the Liberty-Clairton Area. Some of these controls were
required by consent order and agreements entered into between ACHD and
USS in 2007 and in 2008 (later amended in 2010 and 2011). The USS
Clairton Plant requires permits to operate (operating permit) and to
install new equipment or expand operations (installation permits).
These consent order and agreements were incorporated by reference into
installation permits for the C Coke Battery (IP #0052-I011) and Quench
Towers 5A and 7A (IP #0052-I014a). The USS Clairton Plant's title V
operating permit (OP #0052) incorporates conditions from the
installation permits and other applicable regulations. These permits
are federally enforceable under 40 CFR 52.2020. Controls specific to
the USS Clairton Plant that contributed to reduction in
PM<INF>2.5</INF> levels for the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS are as follows:
<bullet> An enhanced maintenance refractory repair plan for Coke
Battery 15 was completed in 2008.
<bullet> Coke Batteries 7-9 and associated processes were
permanently shut down in 2009.
<bullet> All heating walls for B Coke Battery were replaced in
2010.
<bullet> 25 heating walls for Coke Battery 19 were replaced in
2012.
<bullet> The title V permit (OP #0052) issued in 2012 included
baffle washing and maintenance requirements at all quench towers.\30\
---------------------------------------------------------------------------
\30\ These source control requirements were also approved into
the SIP as part of source specific RACT controls for the 2008 8-hour
ozone NAAQS (86 FR 58223, October 21, 2021), which requires quench
towers at the USS Clairton Plant to comply with the quench tower
work practice standards, and operation and maintenance requirements
of NESHAP 40 CFR 63, subpart CCCCC, including daily baffle washing.
---------------------------------------------------------------------------
<bullet> New low-emission Quench Towers 5A and 7A were installed
for Coke Batteries 13-15 and 19-20, respectively, in 2013.
<bullet> A new Screening Station #4 was installed as a replacement
to Screening Station #3 in 2013.
In addition, ACHD provided an analysis to demonstrate that the
improvement in air quality for the Liberty-Clairton Area was not due to
unusually favorable meteorology. The analysis was based on 20 years of
meteorological data collected at the Liberty monitor (ID #420030064)
and included frequency of temperature inversions, average temperature,
and total precipitation. The Liberty site has historically been the
highest-concentration PM<INF>2.5</INF> site within the Liberty-Clairton
area, and Allegheny County as a whole. ACHD identified that, in
particular, temperature inversions correlate with monitored
PM<INF>2.5</INF> concentrations at the Liberty monitor, and that a
higher frequency of temperature inversions coincide with relatively
higher measured PM<INF>2.5</INF> concentrations. While variations in
PM<INF>2.5</INF> concentrations from year-to-year correlate with the
frequency of temperature inversions, ACHD points out that both annual
weighted mean and 24-hour 98th percentile concentrations at the Liberty
monitor have declined throughout the timeframe while the average
frequency of inversions remained similar throughout the period,
indicating that the reductions are due to emissions control and not
unusually favorable meteorology.
[[Page 14948]]
Based upon the previously listed actions by ACHD in the submitted
maintenance plan, the EPA finds that the improvement in air quality in
the Liberty-Clairton Area is the result of permanent and enforceable
emissions reductions, satisfying CAA section 107(d)(3)(E)(iii).
B. Maintenance Plan for the Liberty-Clairton Area and Allegheny County
Area
On November 30, 2022, PADEP submitted, on behalf of ACHD, a
combined maintenance plan for the Liberty-Clairton Area for the 1997
annual and 2006 24-hour PM<INF>2.5</INF> NAAQS and for the Allegheny
County Area for the 2012 annual PM<INF>2.5</INF> NAAQS. As stated
previously in this action, the EPA is proposing to approve the
maintenance plan as satisfying section 175A of the CAA. The EPA's
analysis for proposing approval of the maintenance plan for both areas
is provided in this section.
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Because the 1997 annual
PM<INF>2.5</INF> NAAQS will be revoked for the Liberty-Clairton Area if
redesignated to attainment, Pennsylvania is not required to submit a
second 10-year maintenance plan for the Liberty-Clairton Area for the
1997 annual PM<INF>2.5</INF> NAAQS.\31\ Pennsylvania will be required
to submit a second 10-year maintenance plan for the Liberty-Clairton
Area for the 2006 24-hour PM<INF>2.5</INF> NAAQS, and because
Pennsylvania has withdrawn the redesignation request for the Allegheny
County Area for the 2012 annual PM<INF>2.5</INF> NAAQS, a second 10-
year maintenance plan beyond 2035 is not a requirement for the
Allegheny County Area at this time. As stated previously, this action
does not redesignate the Allegheny County Area to attainment for the
2012 annual PM<INF>2.5</INF> NAAQS.
---------------------------------------------------------------------------
\31\ See 81 FR 58010 (August 24, 2016).
---------------------------------------------------------------------------
To address the possibility of future NAAQS violations, the
maintenance plan must contain such contingency measures, as the EPA
deems necessary, to assure prompt correction of any future 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. As discussed below, the EPA finds
that ACHD's maintenance plan includes all the necessary components and
is thus proposing to approve it as a revision to the Pennsylvania SIP.
1. Attainment Emissions Inventory
As discussed previously, the EPA is proposing to determine that the
Liberty-Clairton Area is continuing to attain the 1997 annual and 2006
24-hour PM<INF>2.5</INF> NAAQS based on monitoring data for the
monitoring time period from 2017-2023. The EPA has also previously
determined that the Allegheny County Area attained the 2012 annual
PM<INF>2.5</INF> NAAQS based on certified air quality data from 2018-
2020.\32\ For all three NAAQS, Pennsylvania selected 2017 as the
attainment emission inventory year. The attainment inventory identifies
the level of emissions in an area that is sufficient to attain the
NAAQS. While occuring later than the design value periods that
originally achieved attainment for the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS, Pennsylvania determined that year 2017 is an
appropriate attainment year for the Liberty-Clairton Area and Allegheny
County Area for the following reasons:
---------------------------------------------------------------------------
\32\ See 87 FR 14799 (March 16, 2022).
---------------------------------------------------------------------------
<bullet> For the 2012 annual PM<INF>2.5</INF> NAAQS for the
Allegheny County Area, 2017 is the most recent NEI with emissions
compiled for all data categories. The next NEI year would be 2020,
which was not finalized at the time ACHD developed this maintenance
plan. For these reasons, among others identified in Section 6 of ACHD's
maintenance plan, 2017 is the most appropriate attainment year for the
Allegheny County Area.
<bullet> For the 1997 annual PM<INF>2.5</INF> NAAQS, the 2011
control year used for the emission reduction calculation in section
III.A.3 of this action could be a viable attainment year; however, the
10-year maintenance timeframe has already passed. Also, since the 2012
annual PM<INF>2.5</INF> NAAQS has replaced the 1997 annual
PM<INF>2.5</INF> NAAQS, and the Liberty-Clairton Area is within the
Allegheny County Area, it is reasonable for the two areas to have the
same attainment year, for which 2017 is the most appropriate year for
the Allegheny County Area.
<bullet> For the 2006 24-hour PM<INF>2.5</INF> NAAQS, the 2014
control year used for the emission reduction calculation in section
III.A.3 of this action could be a viable attainment year; however, 2017
is the next national emission inventory (NEI) year and would allow for
consistency with the Allegheny County Area. As mentioned previously,
the Liberty-Clairton Area is located within the Allegheny County Area,
and projected emissions for the Liberty-Clairton Area would inherently
be included in projected emissions for the Allegheny County Area.
<bullet> To demonstrate maintenance, future case emissions
projections must be lower than the attainment year inventory. The 2017
NEI for the Liberty-Clairton Area shows lower emissions than the 2011
and 2014 NEIs, which would result in stricter maintenance tests.
The projected inventory included with the maintenance plan
estimates emissions from 2017 to 2035, which satisfies the 10-year
interval required in section 175A of the CAA. The emissions inventories
are composed of the following sources: point, area, on-road mobile,
non-road mobile, fire, and biogenic. The attainment and future year
emissions inventories were developed/projected by ACHD as follows:
<bullet> Point and area source emissions were obtained from the
2017 NEI, with corrections to which are detailed in Appendix B of
ACHD's submittal, included in this docket.\33\ Projected point and area
source emissions were calculated using growth factors developed by the
Mid-Atlantic Regional Air Management Association, Inc. (MARAMA).
Additional resources that ACHD used to project future emissions can be
found in Section 6 and Appendix C of ACHD's submittal, included in this
docket.
---------------------------------------------------------------------------
\33\ The projections for the 2026 and 2035 inventories included
the permitted plantwide emission limits for a proposed new major
source facility--the Invenergy Allegheny Energy Center (Installation
Permit No. 0959-I001a). However, the installation permit for this
facility was terminated on November 9, 2023. See Allegheny County
Energy Center Termination Letter, available in the docket for this
action.
---------------------------------------------------------------------------
<bullet> Onroad and nonroad mobile emissions were estimated using
the latest version of the EPA's MOVES3 model. PADEP performed the
nonroad modeling and engaged a contractor to perform the onroad
modeling. Additional details on the onroad and nonroad mobile emissions
can be found in Section 6 and Appendix D of ACHD's submission, included
in this docket.
<bullet> Fire and biogenic sources were held constant from 2017
through the 2026 and 2035 projection years, because their emissions can
be dependent on meteorology.
The EPA has reviewed the documentation provided by ACHD for
developing the 2017, 2026, and 2035 emissions inventories for the
Liberty-
[[Page 14949]]
Clairton Area and Allegheny County Area. See Section 6, Appendix B, and
Appendix C of ACHD's submittal. The EPA has determined that the 2017
attainment inventory, and 2026 and 2035 projected emissions inventories
provided by ACHD are reasonable and accurate. The 2017, 2026 interim,
and 2035 maintenance emission inventories for SO<INF>2</INF>,
NO<INF>X</INF>, PM<INF>2.5</INF>, VOC, and NH<INF>3</INF> emissions for
the Liberty-Clairton Area and Allegheny County Area are summarized in
tables 5 through 10 in this document.
---------------------------------------------------------------------------
\34\ See Appendix B of ACHD's submittal or detailed emissions by
process/facility or source section/description, located within this
docket.
\35\ See Appendix C of ACHD's submittal for detailed emissions
by process/facility or source section/description, located within
this docket.
\36\ Id.
\37\ See Appendix B of ACHD's submittal for detailed emissions
by process/facility or source section/description, located within
this docket.
Table 5--2017 Attainment Inventory for the Liberty-Clairton Area
[Tons/year] \34\
----------------------------------------------------------------------------------------------------------------
PM2.5
Liberty-Clairton Area (2017) (filterable and PM10 SO2 NOX VOC NH3
condensable)
----------------------------------------------------------------------------------------------------------------
Point......................... 680 878 1,130 2,626 184 119
Area.......................... 38 62 3 91 185 10
Nonroad Mobile................ 4 4 0 39 36 0
Onroad Mobile................. 4 9 1 121 52 4
Fires......................... 0 0 0 0 0 0
Biogenics..................... 0 0 0 3 85 0
---------------------------------------------------------------------------------
Total..................... 726 953 1,134 2,880 543 133
----------------------------------------------------------------------------------------------------------------
Table 6--2026 Interim Inventory for the Liberty-Clairton Area
[Tons/year] \35\
----------------------------------------------------------------------------------------------------------------
PM2.5
Liberty-Clairton Area (2026) (filterable and PM10 SO2 NOX VOC NH3
condensable)
----------------------------------------------------------------------------------------------------------------
Point......................... 537 682 999 2,142 158 104
Area.......................... 39 63 4 93 200 10
Nonroad Mobile................ 3 3 0 27 34 0
Onroad Mobile................. 2 9 0 56 29 3
Fires......................... 0 0 0 0 0 0
Biogenics..................... 0 0 0 3 85 0
---------------------------------------------------------------------------------
Total..................... 580 756 1,003 2,322 505 118
----------------------------------------------------------------------------------------------------------------
Table 7--2035 Maintenance Inventory for the Liberty-Clairton Area
[Tons/year] \36\
----------------------------------------------------------------------------------------------------------------
PM2.5
Liberty-Clairton Area (2035) (filterable and PM10 SO2 NOX VOC NH3
condensable)
----------------------------------------------------------------------------------------------------------------
Point......................... 510 646 982 2,154 148 97
Area.......................... 40 65 4 91 203 10
Nonroad Mobile................ 2 3 0 26 35 0
Onroad Mobile................. 2 9 0 40 23 3
Fires......................... 0 0 0 0 0 0
Biogenics..................... 0 0 0 3 85 0
---------------------------------------------------------------------------------
Total..................... 554 722 986 2,313 495 111
----------------------------------------------------------------------------------------------------------------
Table 8--2017 Attainment Inventory for the Allegheny County Area
[Tons/year] \37\
----------------------------------------------------------------------------------------------------------------
PM2.5
Allegheny County Area (2017) (filterable and PM10 SO2 NOX VOC NH3
condensable)
----------------------------------------------------------------------------------------------------------------
Point......................... 1,351 1,752 4,758 6,336 1,493 305
Area.......................... 2,564 4,113 224 6,059 12,360 657
Nonroad Mobile................ 264 278 4 2,616 2,370 6
Onroad Mobile................. 257 584 47 8,046 3,469 271
Fires......................... 0 0 0 0 1 0
Biogenics..................... 0 0 0 216 5,690 0
---------------------------------------------------------------------------------
[[Page 14950]]
Total..................... 4,437 6,728 5,033 23,273 25,383 1,238
----------------------------------------------------------------------------------------------------------------
Table 9--2026 Interim Inventory for the Allegheny County Area
[Tons/year] \38\
----------------------------------------------------------------------------------------------------------------
PM2.5
Allegheny County Area (2026) (filterable and PM10 SO2 NOX VOC NH3
condensable)
----------------------------------------------------------------------------------------------------------------
Point......................... 1,184 1,481 2,732 5,144 1,563 334
Area.......................... 2,568 4,181 267 6,175 13,313 687
Nonroad Mobile................ 182 194 3 1,811 2,287 7
Onroad Mobile................. 161 605 25 3,748 1,906 229
Fires......................... 0 0 0 0 1 0
Biogenics..................... 0 0 0 216 5,690 0
---------------------------------------------------------------------------------
Total..................... 4,095 6,462 3,027 17,094 24,760 1,257
----------------------------------------------------------------------------------------------------------------
Table 10--2035 Maintenance Inventory for the Allegheny County Area
[Tons/year] \39\
----------------------------------------------------------------------------------------------------------------
PM2.5
Allegheny County Area (2035) (filterable and PM10 SO2 NOX VOC NH3
condensable)
----------------------------------------------------------------------------------------------------------------
Point......................... 1,160 1,471 2,710 5,258 1,601 357
Area.......................... 2,648 4,319 273 6,039 13,533 684
Nonroad Mobile................ 158 169 4 1,709 2,347 8
Onroad Mobile................. 128 591 22 2,638 1,556 222
Fires......................... 0 0 0 0 1 0
Biogenics..................... 0 0 0 216 5,690 0
---------------------------------------------------------------------------------
Total..................... 4,095 6,551 3,009 15,861 24,728 1,271
----------------------------------------------------------------------------------------------------------------
2. Maintenance Demonstration
---------------------------------------------------------------------------
\38\ See Appendix C of ACHD's submittal or detailed emissions by
process/facility or source section/description, located within this
docket.
\39\ Id.
---------------------------------------------------------------------------
The maintenance plan for the Liberty-Clairton Area and Allegheny
County Area includes a maintenance demonstration that: (1) shows
compliance with and maintenance of both area's respective
PM<INF>2.5</INF> standard by providing information to support the
demonstration that current and future emissions of PM<INF>2.5</INF> and
precursors remain at or below 2017 emissions levels, (2) uses 2017 as
the attainment year for both areas and includes future emission
inventory projections for 2026 interim and 2035 maintenance years, (3)
identifies an ``out year'' at least 10 years after the EPA review and
potential approval of the maintenance plan,\40\ and (4) provides, as
shown in tables 5 through 10 in this document, the 2017 attainment
year, 2026 interim, and 2035 maintenance year emissions inventories, in
tpy, for the Liberty-Clairton Area and Allegheny County Area, for
PM<INF>2.5</INF>, NO<INF>X</INF>, SO<INF>2</INF>, VOC, and
NH<INF>3</INF>.
---------------------------------------------------------------------------
\40\ Per 40 CFR part 93, NO<INF>X</INF> and PM<INF>2.5</INF>
MVEBs were established for the last year (2035) of the maintenance
plan for the Allegheny County Area. On October 2, 2015 (80 FR
59615), the EPA approved an insignificance finding for the mobile
source contribution of PM<INF>2.5</INF> and NO<INF>X</INF> for the
Liberty-Clairton Area for both the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS (see section IV.C of this action).
---------------------------------------------------------------------------
Where the emissions inventory method of showing maintenance is
used, its purpose is to show that emissions during the maintenance
period will not increase over the attainment year inventory.\41\ For a
demonstration of maintenance, emissions inventories are required to be
projected to future dates to assess the influence of future growth and
controls; however, the demonstration need not be based on modeling.\42\
ACHD developed projection inventories for an interim year of 2026 and a
maintenance plan end year of 2035 to show that future emissions of
PM<INF>2.5</INF>, NO<INF>X</INF>, SO<INF>2</INF>, VOC, and
NH<INF>3</INF> will remain at or below the 2017 attainment year for the
1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS for the Liberty-
Clairton Area, and for the 2012 annual PM<INF>2.5</INF> NAAQS for the
Allegheny County Area, through the year 2035. Tables 11 and 12, in this
document, provide summaries of the PM<INF>2.5</INF>, NO<INF>X</INF>,
SO<INF>2</INF>, VOC, and NH<INF>3</INF> emissions inventories, in tpy,
for the Liberty-Clairton Area and the Allegheny County Area,
respectively, for the 2017 attainment year as compared to the projected
inventories for the 2026 interim year and the 2035 maintenance year.
ACHD calculated ``total PM<INF>2.5</INF>'' as the sum of
PM<INF>2.5</INF> and precursors for each inventory, with
PM<INF>10</INF> excluded. Reductions of the projected year emissions
from the attainment year emissions are shown as negative values.
---------------------------------------------------------------------------
\41\ See 1992 Calcagni Memorandum, pages 9-10.
\42\ See Wall v. EPA, supra; Sierra Club v. EPA, supra. See also
66 FR 53099-53100 (October 19, 2001) and 68 FR 25430-32 (May 12,
2003).
[[Page 14951]]
Table 11--Liberty-Clairton Area, Inventory Totals and Reductions
[Tons/year]
----------------------------------------------------------------------------------------------------------------
PM2.5
Liberty-Clairton Area (filterable and PM10 SO2 NOX VOC NH3 Total
condensable) PM2.5
----------------------------------------------------------------------------------------------------------------
2017 Attainment Year......... 726 953 1,134 2,880 543 133 5,416
2026 Interim Year............ 580 756 1,003 2,322 505 118 4,529
2035 Maintenance Year........ 554 722 986 2,313 495 111 4,460
Reduction, Attainment to -146 -196 -131 -559 -37 -15 -887
Interim Year................
Reduction, Attainment to -172 -231 -148 -567 -48 -22 -956
Maintenance Year............
----------------------------------------------------------------------------------------------------------------
Table 12--Allegheny County Area, Inventory Totals and Reductions
[Tons/year]
----------------------------------------------------------------------------------------------------------------
PM2.5
Allegheny County Area (filterable and PM10 SO2 NOX VOC NH3 Total
condensable) PM2.5
----------------------------------------------------------------------------------------------------------------
2017 Attainment Year......... 4,437 6,728 5,033 23,273 25,383 1,238 59,364
2026 Interim Year............ 4,095 6,462 3,027 17,094 24,760 1,257 50,233
2035 Maintenance Year........ 4,095 6,551 3,009 15,861 24,728 1,271 48,963
Reduction, Attainment to -343 -266 -2,066 -6,179 -623 18 -9,132
Interim Year................
Reduction, Attainment to -343 -177 -2,024 -7,413 -655 33 -10,401
Maintenance Year............
----------------------------------------------------------------------------------------------------------------
For the Liberty-Clairton Area, the 2026 interim year and 2035
maintenance year projected emissions for total PM<INF>2.5</INF> and all
precursors are lower than the 2017 attainment year. For the Allegheny
County Area, total PM<INF>2.5</INF> and most precursors show lower
emissions in the projected years compared to the attainment year.
Although NH<INF>3</INF> emissions are projected to increase for the
Allegheny County Area, the emissions increase is relatively small (33
tpy from 2017 to 2035) and the decrease in emissions of the other
precursors more than offset the projected increase. Also, as noted in
footnote 29 of this document, NH<INF>3</INF> was found to be an
insignificant precursor for attainment in the Allegheny County Area.
Thus, ACHD has adequately demonstrated that the Liberty-Clairton Area
will continue to maintain the 1997 annual and the 2006 24-hour
PM<INF>2.5</INF> NAAQS, and that the Allegheny County Area will
continue to maintain the 2012 annual PM<INF>2.5</INF> NAAQS, through
2035.
3. Monitoring Network
ACHD's maintenance plan includes a commitment to operate its EPA-
approved monitoring network, as necessary to demonstrate ongoing
compliance with the NAAQS. ACHD currently operates two PM<INF>2.5</INF>
monitors in the Liberty-Clairton Area and eight PM<INF>2.5</INF>
monitors in the Allegheny County Area. In its November 30, 2022
submittal, ACHD stated that it will consult with the EPA prior to
making any necessary changes to the network and will continue to
operate the monitoring network in accordance with the requirements of
40 CFR part 58.
4. Verification of Continued Attainment
As noted in the previous section, ACHD has stated that it will
continue to operate its monitoring system in accordance with 40 CFR
part 58 and remains obligated to quality assure monitoring data and
enter all data into the AQS in accordance with Federal requirements.
ACHD has stated that air monitoring will be the primary mechanism for
verification of continued attainment. Also, to provide additional
tracking of the emission levels in the Liberty-Clairton Area and
Allegheny County Area, ACHD will: (1) continue to evaluate the periodic
emissions inventory, prepared annually by ACHD for point sources and
every three years by PADEP for area and mobile sources, to determine
whether there is an exceedance of the 2017 attainment inventory for
each area, and (2) if there is an exceedance of the attainment
inventory, conduct a study to determine if the emissions increases led
to increased monitored emissions. ACHD will use this data in
considering whether additional control measures are necessary to assure
continued attainment in the areas.
5. Contingency Measures
The maintenance plan should identify the events that would
``trigger'' the adoption and implementation of a contingency
measure(s), the contingency measure(s) that would be adopted and
implemented, and the schedule indicating the time frame by which the
state would adopt and implement the measure(s).\43\ The contingency
plan provisions included in ACHD's maintenance plan are designed to
promptly correct any violation of the 2006 24-hour PM<INF>2.5</INF>
NAAQS that occur in the Liberty-Clairton Area after redesignation, and/
or for the 2012 PM<INF>2.5</INF> NAAQS for the Allegheny County Area.
Triggers for the 2012 annual PM<INF>2.5</INF> NAAQS for the Allegheny
County Area are inherently applicable to the 1997 annual
PM<INF>2.5</INF> NAAQS for the Liberty-Clairton Area since the
Allegheny County Area encompasses the Liberty-Clairton Area. There are
no specific triggers for the 1997 annual PM<INF>2.5</INF> NAAQS for the
Liberty-Clairton Area because it has been superseded by the 2012 annual
PM<INF>2.5</INF> NAAQS.
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\43\ See 1992 Calcagni Memorandum, page 12.
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Section 175A of the CAA requires that a maintenance plan include
such contingency measures as the EPA deems necessary to ensure that a
state will promptly correct a violation of the NAAQS occurring after
redesignation. ACHD's maintenance plan describes the procedures for the
adoption and implementation of contingency measures to reduce emissions
should a violation occur. ACHD's contingency measures include a first
level warning response, a second level warning response, and an action
response. A first level response is triggered if the 98th percentile
24-hour PM<INF>2.5</INF> concentration exceeds 35.5 [micro]g/m\3\ at
any monitor site in a single calendar year within the Liberty-Clairton
Area, and/or the annual weighted mean PM<INF>2.5</INF> concentration
[[Page 14952]]
exceeds 12.5 [micro]g/m\3\ at any ACHD monitor site in a single
calendar year. The first level warning response will consist of a study
performed by ACHD to determine if the emissions trends show increasing
concentrations of PM<INF>2.5</INF>, and whether this trend is likely to
continue. If it is determined through the study that action is
necessary to reverse a trend of emissions increases, ACHD will, as
expeditiously as possible, implement necessary and appropriate control
measures to reverse the trend. A second level response will be prompted
if the two-year average of consecutive 98th percentile 24-hour
PM<INF>2.5</INF> concentrations exceed 35.0 [micro]g/m\3\ at any
monitor site within the Liberty-Clairton Area, and/or the two-year
average of consecutive annual weighted mean concentrations exceed 12.0
[micro]g/m\3\ at any ACHD monitor site. A second level warning triggers
an evaluation by ACHD to determine the conditions leading to the
current PM<INF>2.5</INF> levels and the probability of a violation to
occur, and examination of what additional measures may be most
effective in correcting PM<INF>2.5</INF> levels. ACHD may begin
adopting necessary measures so that in the event of a violation they
may be implemented as expeditiously as practicable. An action level
response will be prompted if the average of three consecutive years of
98th percentile 24-hour PM<INF>2.5</INF> concentrations at any monitor
site in the Liberty-Clairton Area violates the 2006 24-hour
PM<INF>2.5</INF> NAAQS (35.0 [micro]g/m\3\), and/or if the average of
three consecutive years of annual weighted mean PM<INF>2.5</INF>
concentrations at any ACHD monitor site violates the 2012 annual
PM<INF>2.5</INF> NAAQS (12.0 [micro]g/m\3\). Following an action level
response trigger, ACHD will propose, adopt, and implement necessary
additional control measures in accordance with the implementation
schedule in the maintenance plan.\44\
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\44\ See Section 6.5.2 of ACHD's Maintenance Plan for the
detailed implementation schedule, which is included in the docket of
this action.
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ACHD's candidate contingency measures include both countywide
measures as well as measures specific to USS Mon Valley Works.
Countywide measures include the following: (1) new woodstove changeout,
fireplace conversion, or other wood burning-related programs; (2)
voluntary diesel projects such as diesel retrofit for public or private
local onroad or offroad fleets, idling reduction technologies or
strategies for locomotives, trucks, warehouse, and other freight-
handling activities, and replacement of select diesel terminal trucks
with electric alternatives; (3) a new clean vehicle rebate program,
applicable to the purchase of zero-emission passenger motor vehicles;
(4) enhancement of the Air Quality Action Day program; (5) paving of
certain unpaved roads and/or parking lots within the county; (6)
promotion of accelerated turnover of lawn and garden equipment, with
emphasis on commercial equipment; (7) promotion of alternative fuels
for fleets, home heating, and agricultural use; and (8) adoption of an
ordinance to restrict sale and use of heavy fuel oil and/or waste
derived liquid fuel (WDLF) within Allegheny County. Measures specific
to USS Mon Valley Works and associated sources include: (1) paving of
select unpaved road and/or parking lots at USS Mon Valley Works
facilities; (2) repowering or replacement of tugboats and/or
locomotives used by the Mon Valley Works plants or the McKeesport
switchyard with cleaner-burning equipment or electric alternatives; (3)
increased times for the hood of the Pushing Emission Control (PEC)
system to be held in place during the pushing process at one or more of
the coke batteries at the USS Clairton Plant; (4) increased air flow to
the baghouses of the PEC system of one or more of the coke batteries at
the USS Clairton Plan to increase capture efficiencies; and (5)
increase baffle washing for one or more of the USS Clairton Plant
quench towers. ACHD will adopt and implement these contingency measures
according to the implementation schedule in the maintenance plan. For
all of the reasons discussed in this section, the EPA is proposing to
approve ACHD's maintenance plan as meeting the requirements of section
175A of the CAA for the 1997 annual and 2006 24-hour PM<INF>2.5</INF>
NAAQS for the Liberty-Clairton Area and for the 2012 annual
PM<INF>2.5</INF> NAAQS for the Allegheny County Area.
C. Motor Vehicle Emissions Budgets
Under the CAA, maintenance plans identify and establish MVEBs for
certain criteria pollutants and/or their precursors to address
pollution from on-road mobile sources. In the maintenance plan, the
MVEBs are termed ``on road-mobile source emission budgets.'' Pursuant
to 40 CFR part 93 and section 51.112, MVEBs must be established in a
PM<INF>2.5</INF> maintenance plan.
Motor vehicle budgets are the projected levels of controlled
emissions from the transportation sector (mobile sources) that are
estimated in the SIP to provide for maintenance of the NAAQS. When
reviewing submitted maintenance plans containing MVEBs, the EPA must
affirmatively find the MVEBs contained therein ``adequate'' for use in
determining transportation conformity. After the EPA affirmatively
finds that the submitted MVEBs are adequate for transportation
conformity purposes, the MVEBs can be used by state and Federal
agencies in determining whether proposed transportation projects
``conform'' to the SIP as required by section 176(c) of the CAA. The
EPA's substantive criteria for determining ``adequacy'' of a MVEB are
set out in 40 CFR 93.118(e)(4).
For the Liberty-Clairton Area for the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS, a finding of insignificance of motor vehicle
emission contributions was determined for the Liberty-Clairton Area
(October 2, 2015, 80 FR 59615). The Liberty-Clairton Area continues to
demonstrate that motor vehicle emissions constitute a low percentage of
the total SIP inventory. As a result, transportation conformity for SIP
purposes is not required; however, the Liberty-Clairton Area must
continue to follow procedures such as interagency consultation, as
described in the transportation conformity rule (40 CFR part 93,
subpart A).
The maintenance plan submitted for the Allegheny County Area
identifies the NO<INF>X</INF> and PM<INF>2.5</INF> MVEBs for
transportation conformity purposes for the years 2017, 2026, and 2035.
These MVEBs (including safety margins) are the modeled emissions for
the on-road mobile sources plus any portion of the safety margin
allocated to the MVEBs (safety margin allocation for 2026 and 2035
only). A ``safety margin,'' as defined in the transportation conformity
rule (40 CFR part 93, subpart A), is the amount by which the total
projected emissions from all sources of a given pollutant are less than
the total emissions that would satisfy the applicable requirement for
reasonable further progress, attainment, or maintenance. The safety
margins were created by setting aside a portion of the difference
between attainment year and maintenance year emissions of
PM<INF>2.5</INF> and NO<INF>X</INF> to accommodate unanticipated growth
in highway vehicles. Table 13, in this document, shows the MOVES3
modeled results for years 2017, 2026, and 2035 for PM<INF>2.5</INF> and
NO<INF>X</INF> onroad mobile source emissions. The proposed MVEB for
the Allegheny County Area are based on the modeled emissions for 2017,
2026, and 2035, plus the addition
[[Page 14953]]
of safety margins (calculated as 10% of the projected emissions) for
the future years 2026 and 2035. These emission budgets, when approved
by the EPA, must be used for transportation conformity determinations.
Table 13--Onroad Motor Vehicle Emissions Budgets for Allegheny County Area
[Tons/year]
----------------------------------------------------------------------------------------------------------------
VMT/emissions 2017 2026 2035
----------------------------------------------------------------------------------------------------------------
Annual VMT............................................. 8,266,734,599 8,659,512,983 9,018,014,459
PM2.5 (Modeled)........................................ 257 161 128
PM2.5 Safety Margin (10%).............................. ................. 16 13
Proposed PM2.5 MVEB.................................... 257 177 141
NOX (Modeled).......................................... 8,046 3,748 2,638
NOX Safety Margin (10%)................................ ................. 375 264
Proposed NOX MVEB...................................... 8,046 4,123 2,902
----------------------------------------------------------------------------------------------------------------
The 2017, 2026, and 2035 MVEBs for the Allegheny County Area are
approvable because the MVEBs for NO<INF>X</INF> and PM<INF>2.5</INF>
continue to maintain the total emissions at or below the attainment
year inventory levels as required by the transportation conformity
regulations. The EPA is concurrently processing the action on the
maintenance plan and the adequacy process for the Allegheny County Area
MVEBs contained therein. In this proposed rule, the EPA is proposing to
find the MVEBs adequate and proposing to approve the MVEBs as part of
the maintenance plan. The MVEBs cannot be used for transportation
conformity until the maintenance plan and associated MVEBs are approved
in a final Federal Register publication, or the EPA otherwise finds the
budgets adequate in a separate action following the comment period.
If the EPA receives adverse written comments with respect to the
proposed approval of the Allegheny County Area MVEBs, or any other
aspect of the proposed approval of this maintenance plan, the EPA will
respond to the comments on the MVEBs in the final rulemaking notice or
proceed with the adequacy process as a separate action. The EPA's
analyses of the MVEBs for the Allegheny County Area can be found in the
EPA's MVEB TSD prepared for this action, available online at
<a href="http://www.regulations.gov">www.regulations.gov</a>, Docket ID: EPA-R03-OAR-2024-0586.
V. Proposed Actions
The EPA is proposing to approve Pennsylvania's request to
redesignate the Liberty-Clairton Area from nonattainment to attainment
for the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> NAAQS. The
EPA has evaluated Pennsylvania's redesignation request and determined
that the Liberty-Clairton Area has met the redesignation criteria set
forth in section 107(d)(3)(E) of the CAA. The monitoring data
demonstrates that the Liberty-Clairton Area attained, as determined by
the EPA in a prior rulemaking, and for reasons discussed herein,
continues to attain both NAAQS. Final approval of this redesignation
request would change the designation of the Liberty-Clairton Area from
nonattainment to attainment for the 1997 annual and the 2006 24-hour
PM<INF>2.5</INF> NAAQS. In addition, if finalized, according to the
Fine Particulate Matter National Ambient Air Quality Standards: State
Implementation Plan Requirements (81 FR 58010, August 24, 2016), ``for
an area that is redesignated to attainment after the effective date of
this final rule, the 1997 primary annual PM<INF>2.5</INF> NAAQS will be
revoked in such an area on the effective date of its redesignation to
attainment for that NAAQS. After revocation of the 1997 primary annual
PM<INF>2.5</INF> NAAQS in a given area, the designation for that
standard is no longer in effect.'' The EPA is also proposing to approve
the maintenance plan for the Liberty-Clairton Area for the 1997 annual
and 2006 24-hour PM<INF>2.5</INF> NAAQS and for the Allegheny County
Area for the 2012 annual PM<INF>2.5</INF> NAAQS as a revision to the
Pennsylvania SIP because it meets the requirements of section 175A of
the CAA as described previously in this proposed rulemaking.
Furthermore, the EPA is proposing to find the 2017, 2026, and 2035
PM<INF>2.5</INF> and NO<INF>X</INF> MVEBs contained in the maintenance
plan for the Allegheny County Area adequate and is also proposing to
approve these MVEBs into the Pennsylvania SIP for transportation
conformity purposes. The EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
VI. 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);
<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);
[[Page 14954]]
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act;
In addition, this proposed redesignation of the Liberty-Clairton
Area to attainment of the 1997 annual and 2006 24-hour NAAQS and
approval of the associated maintenance plan for the Liberty-Clairton
Area and Allegheny County Area does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Catherine A. Libertz,
Acting Regional Administrator, Region III.
[FR Doc. 2025-05921 Filed 4-4-25; 8:45 am]
BILLING CODE 6560-50-P
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