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
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Issuing agencies
Abstract
The Environmental Protection Agency (EPA) is approving the Commonwealth of Pennsylvania's request to redesignate to attainment the Liberty-Clairton, Pennsylvania nonattainment area (Liberty-Clairton Area) 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 has determined that the Liberty-Clairton Area attained both the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS and has met the statutory requirements for redesignation. The EPA is approving, as a revision 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 approving 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 for the 2012 annual PM<INF>2.5</INF> NAAQS, which the EPA is approving 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. Both 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 140 (Thursday, July 24, 2025)</title>
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<body><pre>
[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Rules and Regulations]
[Pages 34770-34773]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13893]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2024-0586; FRL-10536-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Commonwealth of Pennsylvania's request to redesignate to attainment the
Liberty-Clairton, Pennsylvania nonattainment area (Liberty-Clairton
Area) 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 has determined that the Liberty-Clairton Area
attained both the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS
and has met the statutory requirements for redesignation. The EPA is
approving, as a revision 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 approving 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 for the 2012
annual PM<INF>2.5</INF> NAAQS, which the EPA is approving 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. Both 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: This final rule is effective on August 25, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2024-0586. All documents in the docket are
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information is not publicly available, e.g., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through <a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
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#2a444f43595d43445e4f5804434b446a4f5a4b044d455c"><span class="__cf_email__" data-cfemail="7c1219150f0b151208190e52151d123c190c1d521b130a">[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. Background
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.\1\ 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
[[Page 34771]]
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. On January 15, 2015 (80 FR 2206), the
EPA published air quality designations for the 2012 annual
PM<INF>2.5</INF> NAAQS based on certified air quality data from 2011-
2013. 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.\2\
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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 table listed at 40 Code of Federal Regulations (CFR) 81.339
defines NAAQS area designations within Pennsylvania.
\2\ 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 CFR 81.339 defines NAAQS area designations within
Pennsylvania.
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Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) the Administrator (EPA)
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k) of the CAA; (3) the Administrator
determines that the improvement in air quality is due to permanent and
enforceable reductions in emissions resulting from implementation of
the applicable SIP, applicable Federal air pollutant control
regulations, and other permanent and enforceable emission reductions;
(4) the Administrator has fully approved a maintenance plan for the
area as meeting the requirements of section 175A of the CAA; and (5)
the State containing the area has met all requirements applicable to
the area for purposes of redesignation under section 110 and part D of
the CAA.
On November 30, 2022, PADEP on behalf of ACHD, formally submitted 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 the 2012 annual PM<INF>2.5</INF> NAAQS. 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 through 2035, as required by CAA
section 107(d)(3)(E)(iv).\3\ On May 2, 2024, PADEP submitted to the EPA
a partial withdrawal of the November 30, 2022 SIP revision.
Specifically, 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. PADEP also 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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\3\ CAA section 175A(a) mandates that the initial maintenance
plan submission must cover at least 10 years from the effective date
of redesignation.
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On April 7, 2025 (90 FR 14939), the EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, the EPA proposed approval of Pennsylvania's November 30, 2022
request to redesignate the Liberty-Clairton Area to attainment for the
1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS. The EPA also
proposed approval of the maintenance plan, as a revision to the
Pennsylvania SIP, 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. The maintenance plan
includes the 2017, 2026, and 2035 PM<INF>2.5</INF> and NO<INF>X</INF>
MVEBs for the Allegheny County Area for the 2012 annual
PM<INF>2.5</INF> NAAQS, which the EPA proposed to approve for purposes
of transportation conformity.
II. Summary of SIP Revision and EPA Analysis
The EPA reviewed Pennsylvania's redesignation request and found
that the requirements for redesignating the Liberty-Clairton Area to
attainment for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS
have been satisfied pursuant to CAA section 107(d)(3)(E). As one of the
criteria for redesignation to attainment, CAA section 107(d)(3)(E)(iv)
requires the EPA to determine that the area has a fully approved
maintenance plan pursuant to CAA section 175A that demonstrates
continued attainment of the NAAQS for at least 10 years following
redesignation to attainment. The EPA reviewed the maintenance plan
submitted by Pennsylvania 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 and found that
it satisfied the requirements of section 175A. The maintenance plan
includes 2017, 2026, and 2035 MVEBs for mobile sources of
PM<INF>2.5</INF> and NO<INF>X</INF> for the Allegheny County Area for
the 2012 annual PM<INF>2.5</INF> NAAQS. The EPA found the submitted
MVEBs to be adequate and approvable as a revision to the Pennsylvania
SIP. For the 1997 annual PM<INF>2.5</INF> NAAQS, transportation
conformity will cease to apply on the effective date of the Liberty-
Clairton Area's redesignation to attainment. After that date,
conformity determinations for the 1997 annual PM<INF>2.5</INF> NAAQS
for metropolitan transportation plans, metropolitan TIPs, or
transportation projects are no longer required for this NAAQS. For the
2006 24-hour PM<INF>2.5</INF> NAAQS, the Liberty-Clairton Area motor
vehicles emissions are deemed insignificant.\4\ Since the motor vehicle
emissions are insignificant for this NAAQS, a regional emissions
analysis 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).
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\4\ See 40 CFR 93.109(f).
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The details of Pennsylvania's submittal and the rationale for the
EPA's proposed actions are explained in the NPRM and will not be
restated here. The EPA received one anonymous, non-adverse, non-
significant comment on the NPRM that purported to be CBI. No adverse
public comments were received on the NPRM.
III. Final Action
The EPA is taking final action to redesignate the Liberty-Clairton
Area for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> NAAQS from
nonattainment to attainment. In doing so, the EPA is taking final
action to approve the relevant maintenance plan SIP revisions by the
Commonwealth of Pennsylvania, which includes a maintenance plan for the
Liberty-Clairton Area for the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS, and the Allegheny County Area for the 2012
annual PM<INF>2.5</INF> NAAQS. In taking this action, the EPA finds
that: (1) monitoring data demonstrate that the Liberty-Clairton Area
has attained and continues to attain the 1997 annual and 2006 24-hour
PM<INF>2.5</INF> NAAQS; (2) Pennsylvanian's redesignation request
specific to the Liberty-Clairton Area for the 1997 annual and 2006 24-
hour PM<INF>2.5</INF> NAAQS meets the statutory requirements of CAA
section 107(d)(3)(E) for redesignation for both NAAQS; and (3) 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 meets the statutory
requirements of CAA section 175A. The maintenance plan includes the
2017, 2026, and 2035 PM<INF>2.5</INF> and NO<INF>X</INF> MVEBs
submitted by Pennsylvania for the Allegheny County
[[Page 34772]]
Area for the 2012 annual PM<INF>2.5</INF> NAAQS for transportation
conformity purposes.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 22, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
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.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 81 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
two entries ``1997 Annual and 2006 24-Hour PM<INF>2.5</INF> NAAQS
Maintenance Plan'' and ``2012 Annual PM<INF>2.5</INF> NAAQS Maintenance
Plan'' at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
1997 Annual and 2006 24-Hour Liberty-Clairton 11/30/22 7/24/26, 90 FR
PM2.5 NAAQS Maintenance Plan. PM2.5 [INSERT FEDERAL
Nonattainment Area. REGISTER PAGE
WHERE THE DOCUMENT
BEGINS].
2012 Annual PM2.5 NAAQS Allegheny County 11/30/22 7/24/26, 90 FR See Sec.
Maintenance Plan. PM2.5 [INSERT FEDERAL 52.2059(aa).
Nonattainment Area. REGISTER PAGE
WHERE THE DOCUMENT
BEGINS].
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* * * * *
0
3. Section 52.2059 is amended by adding paragraph (aa) to read as
follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(aa) The EPA approves the maintenance plan for the Allegheny County
nonattainment area for the 2012 annual PM<INF>2.5</INF> NAAQS submitted
by the Commonwealth of Pennsylvania on November 30, 2022. The
maintenance plan includes the 2017, 2026, and 2035 PM<INF>2.5</INF> and
NO<INF>X</INF> motor vehicle emissions budgets (MVEBs) to be applied to
all
[[Page 34773]]
future transportation conformity determinations and analyses for the
Allegheny County nonattainment area for the 2012 annual
PM<INF>2.5</INF> NAAQS.
Table 15 to Paragraph (aa)--Allegheny County Area's Motor Vehicle Emission Budgets for the 2012 Annual PM2.5
NAAQS in Tons per Year
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Effective date
Type of control strategy SIP Year PM2.5 NOX of SIP
approval
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Maintenance Plan...................... 2017 Budget............. 257 8,046 7/24/26]
2026 Modeled............ 161 3,748
2026 Safety Margin...... 16 375
2026 Budget............. 177 4,123
2035 Modeled............ 128 2,638
2035 Safety Margin...... 13 264
2035 Budget............. 141 2,902
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
5. In Sec. 81.339, amend the tables entitled ``1997 Annual
PM<INF>2.5</INF> NAAQS'' and ``2006 24-Hour PM<INF>2.5</INF> NAAQS'' by
revising the entry for ``Liberty-Clairton, PA'' to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--1997 Annual PM2.5 NAAQS
[Primary and secondary]
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Designation \a\ Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
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* * * * * * *
Liberty-Clairton, PA:
Allegheny County (part)..... August 25, 2025... Attainment........
Lincoln Borough, Clairton City,
Glassport Borough, Liberty
Borough, Port Vue Borough.
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
Pennsylvania--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Liberty-Clairton, PA:
Allegheny County (part)..... August 25, 2025... Attainment........
Lincoln Borough, Clairton City,
Glassport Borough, Liberty
Borough, Port Vue Borough.
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2025-13893 Filed 7-23-25; 8:45 am]
BILLING CODE 6560-50-P
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