Proposed Rule2025-13946
Air Plan Approval; Pennsylvania; Redesignation of the Beaver County Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan for the 2010 1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 24, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision and redesignation request submitted on August 12, 2024 by the Pennsylvania Department of Environmental Protection (PADEP). The SIP revision asks the EPA to redesignate the Beaver County, Pennsylvania area from nonattainment to attainment for the 2010 1-hour primary sulfur dioxide (SO<INF>2</INF>) national ambient air quality standard (NAAQS). The revision also asks the EPA to approve into the SIP the Commonwealth's maintenance plan for the 2010 1-hour primary SO<INF>2</INF> NAAQS for the Beaver County area. This action is being taken under the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 140 (Thursday, July 24, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Proposed Rules]
[Pages 34815-34822]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13946]
[[Page 34815]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2024-0624; FRL-12500-01-R3]
Air Plan Approval; Pennsylvania; Redesignation of the Beaver
County Nonattainment Area to Attainment and Approval of the Area's
Maintenance Plan for the 2010 1-Hour Primary Sulfur Dioxide National
Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision and redesignation
request submitted on August 12, 2024 by the Pennsylvania Department of
Environmental Protection (PADEP). The SIP revision asks the EPA to
redesignate the Beaver County, Pennsylvania area from nonattainment to
attainment for the 2010 1-hour primary sulfur dioxide (SO<INF>2</INF>)
national ambient air quality standard (NAAQS). The revision also asks
the EPA to approve into the SIP the Commonwealth's maintenance plan for
the 2010 1-hour primary SO<INF>2</INF> NAAQS for the Beaver County
area. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before August 25, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0624 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#6a0d05180e0504440703010f2a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="95f2fae7f1fafbbbf8fcfef0d5f0e5f4bbf2fae3">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Philip McGuire, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2251. Mr. McGuire can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#dbb6b8bcaeb2a9bef5abb3b2b7b2ab9bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="1f727c786a766d7a316f777673766f5f7a6f7e31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
A. Nonattainment Designation
On June 22, 2010, the EPA revised the primary SO<INF>2</INF> NAAQS,
establishing a new 1-hour primary standard of 75 parts per billion
(ppb).\1\ Under the EPA's regulations at title 40 of the Code of
Federal Regulations (CFR) part 50, the 2010 1-hour SO<INF>2</INF> NAAQS
is met at a monitoring site when the design value \2\ is less than or
equal to 75 ppb (based on the rounding convention in 40 CFR part 50,
appendix T).\3\ Ambient air quality monitoring data for the 3-year
period must meet a data completeness requirement. A year meets data
completeness requirements when all four quarters are complete, and a
quarter is complete when at least 75 percent of the sampling days in
the quarter have complete data. A sampling day has complete data if 75
percent of the hourly concentration values, including State-flagged
data affected by exceptional events which have been approved for
exclusion by the Administrator, are reported.\4\
---------------------------------------------------------------------------
\1\ 75 FR 35520, June 22, 2010.
\2\ For the 2010 1-hour SO<INF>2</INF> NAAQS, the design value
is calculated as the 3-year average of the annual 99th percentile of
daily maximum 1-hour average concentrations of SO<INF>2</INF>.
\3\ 40 CFR 50.17.
\4\ 40 CFR part 50, appendix T, section 3.1(b).
---------------------------------------------------------------------------
Upon promulgation of a new or revised NAAQS, the CAA requires the
EPA to designate as nonattainment any area that does not meet (or that
contributes to ambient air quality in a nearby area that does not meet)
the NAAQS.\5\ On August 5, 2013, the EPA designated a portion of Beaver
County, Pennsylvania (hereafter the ``Beaver County NAA''), as
nonattainment for the 2010 1-hour primary SO<INF>2</INF> NAAQS,
effective October 4, 2013.\6\ The designation was based on violating
air quality monitoring data for calendar years 2009-2011. The Beaver
County NAA consists of 6 municipalities including: Industry Borough,
Shippingport Borough, Midland Borough, Brighton Township, Potter
Township, and Vanport Township.\7\ This action established an
attainment date five years after the effective date for the areas
designated as nonattainment for the 2010 SO<INF>2</INF> NAAQS (i.e., by
October 4, 2018). The Commonwealth was also required to submit an
attainment plan SIP revision for the Beaver County NAA to the EPA that
met the requirements of CAA sections 110, 172(c) and 191-192 within 18
months of the October 4, 2013, effective date of designation (i.e., by
April 4, 2015).
---------------------------------------------------------------------------
\5\ CAA section 107(d)(1)(A)(i).
\6\ 78 FR 47191, August 5, 2013.
\7\ A list of Pennsylvania's attainment status designations is
available at 40 CFR 81.339.
---------------------------------------------------------------------------
B. Relevant Historical SIP Actions
The EPA did not receive an attainment plan SIP revision for the
Beaver County NAA by the April 4, 2015 deadline and subsequently on
March 18, 2016, the EPA published a finding of failure to submit
indicating that Pennsylvania did not submit the required SO<INF>2</INF>
attainment plan.\8\ This finding initiated a clock under CAA section
179(a) for the potential imposition of new source review sanctions 18
months after the effective date of the finding and the potential
imposition of highway funding sanctions 6 months following that, in
accordance with CAA section 179(b) and 40 CFR 52.31. Additionally,
under CAA section 110(c), the finding triggered a requirement for the
EPA to promulgate a Federal implementation plan (FIP) within two years
of the effective date of the finding unless, by that time, Pennsylvania
made the necessary complete submittal, and the EPA approved the
submittal.
---------------------------------------------------------------------------
\8\ 81 FR 14736, March 18, 2016.
---------------------------------------------------------------------------
Ultimately, Pennsylvania did submit an attainment plan SIP revision
on September 29, 2017. The EPA issued an October 5, 2017 letter to
Pennsylvania finding the attainment plan submittal complete and noting
the stopping of the sanctions' deadline. As a result, these CAA section
179(b) sanctions were not imposed.\9\ The EPA proposed approving the
attainment plan SIP revision submittal on October 5, 2018,\10\ and
issued a final approval on October 1,
[[Page 34816]]
2019.\11\ This approval ended the requirement for the EPA to promulgate
a FIP under CAA section 110(c).
---------------------------------------------------------------------------
\9\ Both the 2017 attainment plan submittal and EPA completeness
letter are available in the docket for this action and are titled
Beaver County September 2017 Attainment Plan and EPA Letter of
Completeness dated October 5, 2017, respectively.
\10\ 83 FR 50314, October 5, 2018.
\11\ 84 FR 51988, October 1, 2019.
---------------------------------------------------------------------------
Relevant to this action, on August 12, 2024, PADEP submitted a
revision to its SIP for the inclusion of a maintenance plan for the
2010 1-hour primary SO<INF>2</INF> NAAQS and requested a concurrent
redesignation of the Beaver County NAA to attainment for the 2010 1-
hour primary SO<INF>2</INF> NAAQS.\12\
---------------------------------------------------------------------------
\12\ Available in the docket for this action as
Beaver_SO2_RR_and_MP.
---------------------------------------------------------------------------
C. Redesignation to Attainment Criteria
After a State has submitted a redesignation request for a
nonattainment area, the EPA must assess if the statutory criteria
identified in CAA section 107(d)(3)(E) have been met to redesignate the
area to attainment. These conditions include: (1) the EPA has
determined that the applicable NAAQS has been attained; (2) the
applicable SIP has been fully approved by the EPA under CAA section
110(k); (3) the EPA has determined that the improvement in the area's
air quality is due to permanent and enforceable reductions in
emissions; (4) the area has a fully approved maintenance plan,
including a contingency plan, under CAA section 175A; and (5) the State
has met all applicable requirements for the area under CAA section 110
and part D. The EPA has provided direction for how it would consider if
these conditions have been met in the April 23, 2014 memorandum
``Guidance for 1-Hour SO<INF>2</INF> Nonattainment Area SIP
Submissions'' (2014 SO<INF>2</INF> Guidance).\13\
---------------------------------------------------------------------------
\13\ Available in the docket for this action as
2014_SO2_Guidance and at <a href="http://www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf">www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf</a>.
---------------------------------------------------------------------------
D. Maintenance Plan Approval Criteria
CAA section 175A and additional EPA guidance, including the
September 4, 1992 memorandum ``Procedures for Processing Requests to
Redesignate Areas to Attainment'' (Calcagni Memo),\14\ identify the
required elements for an approvable maintenance plan for areas seeking
redesignation from nonattainment to attainment. Under CAA section 175A,
the plan must demonstrate continued attainment of the applicable NAAQS
for at least 10 years after the EPA approves a redesignation request to
attainment. Eight years after the redesignation, the State must submit
a revised maintenance plan demonstrating that attainment will continue
to be maintained for an additional 10 years following the initial 10-
year period. To address the possibility of future NAAQS violations, the
maintenance plan must contain contingency measures, as the EPA deems
necessary, to assure prompt correction of any future NAAQS violations,
in this case the 2010 1-hour SO<INF>2</INF> NAAQS. The Calcagni Memo
provides further guidance on the content of a maintenance plan,
explaining that a maintenance plan should address five requirements:
(1) an attainment emissions inventory that identifies the level of
emissions in the area which is sufficient to attain the NAAQS; (2) a
maintenance demonstration that shows future emissions of a pollutant
will not exceed the level of the attainment inventory; (3) the
continued operation of a monitoring network that conforms to 40 CFR
part 58; (4) a means for verifying the continued attainment of the
NAAQS; and (5) a contingency plan to correct any violation of the NAAQS
in the area following redesignation of the area.
---------------------------------------------------------------------------
\14\ Available in the docket for this action as Calcagni_Memo
and at <a href="http://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo__procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf">www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo__procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf</a>. Both the 2014 SO<INF>2</INF> Guidance
and Calcagni Memo provide similar guidance on redesignation requests
and maintenance plans and these reference documents may be used
interchangeably in this action.
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
The EPA's evaluation of Pennsylvania's redesignation request and
maintenance plan for the Beaver County NAA is based on consideration of
the five redesignation criteria provided under CAA section 107(d)(3)(E)
and relevant guidance, including the aforementioned 2014 SO<INF>2</INF>
Guidance and Calcagni Memo.
A. Criterion (1)--The Beaver County SO<INF>2</INF> Nonattainment Area
Has Attained the 2010 1-Hour SO<INF>2</INF> NAAQS
CAA section 107(d)(3)(E)(i) requires that the EPA determine that a
nonattainment area has attained the applicable NAAQS in order to
redesignate the area to attainment. In assessing if the area has
attained the NAAQS, the 2014 SO<INF>2</INF> Guidance stipulates that
the EPA can interdependently consider two components to support an
attainment determination: air quality monitoring data and air quality
modeling data.\15\
---------------------------------------------------------------------------
\15\ See 2014_SO2_Guidance, at 62.
---------------------------------------------------------------------------
The Beaver County NAA contains one operational SO<INF>2</INF>
monitor site, located in Brighton Township (Air Quality System (AQS)
Site ID 42-007-0005). The Brighton monitor has been in operation since
1994 when active SO<INF>2</INF> sources and emissions within the area
were substantially different than current conditions, due to facility
shutdowns in more recent years. Since the 2013-2015 period, the
Brighton monitor has been in attainment of the 2010 1-hour primary
SO<INF>2</INF> NAAQS with the most recent design value for the 2021-
2023 period measuring 5 parts per billion (ppb), though this design
value did not meet data completeness requirements. Previously, PADEP
also operated a second SO<INF>2</INF> monitor in the vicinity of the
Beaver NAA. The Hookstown monitor (AQS Site ID 42-007-0002) was located
approximately 4.5 miles southwest of the edge of the Beaver NAA and was
in operation from 1983 until 2022. The Hookstown monitor was in
attainment of the 2010 1-hour primary SO<INF>2</INF> NAAQS since the
2010-2012 period with the most recent design value for the 2020-2022
period measuring 11 ppb, though this design value did not meet data
completeness requirements. Design values for both the Brighton and
Hookstown monitors are reported in Table 1 in this document.
Table 1--2014-2023 SO2 Design Values for Beaver County Nonattainment Area Monitor Sites
[Parts per billion]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Monitor site 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019 2018-2020 2019-2021 2020-2022 2021-2023
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Brighton...................................................... * 109 39 33 27 22 17 10 * 6 * 5 * 5
Hookstown..................................................... * 31 25 27 21 21 17 16 * 13 * 11 ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Indicates year in which the design value did not meet data completeness requirements.
Pennsylvania's 2017 attainment plan contained an attainment
demonstration which utilized allowable SO<INF>2</INF> emission limits
from stationary sources within the Beaver County NAA to inform several
modeling analyses for SO<INF>2</INF>
[[Page 34817]]
emissions.\16\ These modeling analyses were based on emissions limits
for large, stationary sources of SO<INF>2</INF>, which, when enacted,
would ensure that the Beaver County NAA would attain the 2010 1-hour
primary SO<INF>2</INF> NAAQS. The 2014 SO<INF>2</INF> Guidance states
that the EPA may make a determination of attainment based on this
attainment plan modeling, eliminating the need for separate actual
emissions-based modeling to support a redesignation request--provided
that the source characteristics are still reasonably represented and
that the control strategy in the SIP has been fully implemented.\17\
---------------------------------------------------------------------------
\16\ See Beaver County September 2017 Attainment Plan, available
in the docket for this action.
\17\ See 2014_SO_Guidance, at 50.
---------------------------------------------------------------------------
Since Pennsylvania's 2017 submittal of this attainment plan
modeling--which EPA approved in 2019 (84 FR 51988, October 1, 2019)--
operations at large, stationary SO<INF>2</INF> sources within the
Beaver County NAA have changed, but the EPA has determined that source
characteristics are reasonably represented. Specifically, the 2019
closure of the Bruce Mansfield facility has reduced SO<INF>2</INF>
emissions within the Beaver County NAA by approximately 4,427 tons per
year from 2018 levels. Conversely, the Shell ethane cracker, which
utilized an emission rate of 21 tons per year in the attainment plan
modeling, was permitted an increased emission limit of 22.4 tons per
year--though, it should be recognized that the Shell facility has not
emitted greater than 1 ton of SO<INF>2</INF> per year since coming
online. Despite these changes, the source characteristics are still
reasonably represented as the closure of the Bruce Mansfield facility
leads to a modeled overestimation of actual operations of
SO<INF>2</INF> sources within the Beaver County NAA and the 1.4 ton per
year increase to the Shell ethane cracker permitted limit is negligible
in the context of the approximately 4,427 ton per year reduction from
the Bruce Mansfield closure.
The 2014 SO<INF>2</INF> Guidance further states that a
demonstration that the control strategy in the SIP has been fully
implemented will also be pertinent for making the determination of
attainment.\18\ Pennsylvania has submitted information detailed in its
redesignation request and maintenance plan to confirm that the control
strategy outlined in the SIP has been fully implemented. Specific
measures identified in the control strategy include emissions
restrictions at the Bruce Mansfield facility and reactivation
restrictions at the Allegheny and Tsingshan Stainless Acquisition Melt
Shop, which was shut down in 2018.\19\ As the Bruce Mansfield facility
has closed and the Allegheny and Tsingshan Stainless Melt Shop facility
has since been permanently removed from service, these facilities are
in compliance with the proposed control strategy.\20\ These implemented
permanent and federally enforceable control measures have aided in
reducing the actual total emissions from large, stationary
SO<INF>2</INF> sources in the Beaver County NAA to 4,539 tons per year
(as of 2018),\21\ which is well below the revised total emissions
limits proposed for Beaver County NAA facilities in the 2017 attainment
demonstration modeling (32,420 tons per year),\22\ thus contributing to
bringing the Beaver County NAA into attainment. The closure of the
Bruce Mansfield facility in 2019 led to an additional reduction of
approximately 4,427 tons of SO<INF>2</INF> from 2018 levels, bringing
current total SO<INF>2</INF> emissions in the Beaver County NAA closer
to approximately 100 tons per year.
---------------------------------------------------------------------------
\18\ Ibid.
\19\ The Allegheny and Tsingshan Stainless facility was
transferred to Allegheny and Tsingshan Stainless LLC by Jewel
Acquisition on February 27, 2018. Supplemental information in the
docket for this action may refer to this facility as under ownership
of either Allegheny and Tsingshan Stainless or Jewel.
\20\ Documentation of these closures is in
Beaver_SO2_RR_and_MP_App_B_Facilities, available in the docket for
this action.
\21\ See Beaver_SO2_RR_and_MP, at 12.
\22\ See Beaver County September 2017 Attainment Plan, at 14.
---------------------------------------------------------------------------
As the source characteristics within the Beaver County NAA are
still reasonably represented and the control strategy in the SIP has
been fully implemented, the EPA may make a determination of attainment
based on this attainment plan modeling. In this action, the EPA
proposes to find that the air quality modeling data demonstrate that
the Beaver County NAA has attained the 2010 1-hour primary
SO<INF>2</INF> NAAQS, with the air quality monitoring data further
supporting this conclusion.
B. Criterion (2)--Pennsylvania Has a Fully Approved SIP Under Section
110(k)
CAA section 107(d)(3)(E)(ii) requires that the EPA fully approve
the applicable implementation plan for the area under CAA section
110(k) in order to redesignate that area to attainment. An area cannot
be redesignated to attainment if a required element of the SIP is the
subject of a disapproval; a finding of failure to submit, or failure to
implement the SIP; or a partial, conditional, or limited approval.\23\
The 2017 attainment plan SIP was initially proposed for EPA approval on
October 5, 2018 \24\ and received final EPA approval on October 1,
2019.\25\ The approved elements from the 2017 attainment plan include a
2011 base year emissions inventory, a control strategy and air quality
modeling demonstration, a reasonable available control measures/
reasonably available control technology (RACM/RACT) analysis, a
reasonable further progress (RFP) analysis, contingency measures, and
nonattainment new source review (NNSR) regulations. As such, the EPA
has fully approved the applicable Pennsylvania SIP for the Beaver
County NAA under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation.
---------------------------------------------------------------------------
\23\ See 2014_SO2_Guidance, at 64.
\24\ 83 FR 50314, October 5, 2018.
\25\ 84 FR 51988, October 1, 2019.
---------------------------------------------------------------------------
C. Criterion (3)--The Air Quality Improvement in the Beaver County
SO<INF>2</INF> Nonattainment Area is Due to Permanent and Enforceable
Reductions in Emissions
For redesignating a nonattainment area to attainment, CAA section
107(d)(3)(E)(iii) requires the EPA to determine that the air quality
improvement in the area is due to permanent and enforceable reductions
in emissions resulting from implementation of the SIP, applicable
Federal air pollution control regulations, and other permanent and
enforceable reductions. The EPA proposes to find that Pennsylvania has
demonstrated that the requirements of CAA section 107(d)(3)(E)(iii)
have been met.
Specifically, the closures of multiple facilities aided in a
substantial decrease in SO<INF>2</INF> emissions, and consequently,
lower SO<INF>2</INF> concentrations in the Beaver County NAA. These
closures include the following shutdowns: the Horsehead/Monaca Smelter
in 2013, the AES Beaver Valley facility in 2015, the Allegheny and
Tsingshan Stainless Melt Shop in 2018, and the Bruce Mansfield facility
in 2019.\26\ Collectively, these closures account for a reduction of
approximately 26,458 tons of SO<INF>2</INF> emitted per year from 2011
levels.\27\ The Calcagni Memo states that ``[e]mission reductions from
source shutdowns can
[[Page 34818]]
be considered permanent and enforceable to the extent that those
shutdowns have been reflected in the SIP and all applicable permits
have been modified accordingly,'' and therefore these shutdowns are
considered permanent and enforceable.\28\ Furthermore, the recently
constructed Shell ethane cracker and the nearby IPSCO Koppel facility
have had SO<INF>2</INF> emissions limits included in their operating
permits to preserve air quality improvements in the Beaver County
NAA.\29\
---------------------------------------------------------------------------
\26\ Documentation of the closures of the Horsehead/Monaca
Smelter and AES Beaver Valley are in Beaver County September 2017
Attainment Plan_App_A_Facility_Closures, available in the docket for
this action. Documentation of the closures of the Allegheny and
Tsingshan Stainless Melt Shop and the Bruce Mansfield facility are
in Beaver_SO2_RR_and_MP_App_B_Facilities, available in the docket
for this action.
\27\ Based on reported 2011 SO<INF>2</INF> emissions from these
facilities, see Beaver_SO2_RR_and_MP, at 12.
\28\ See Calcagni_Memo, at 10.
\29\ Documentation of each facility's operating permit is in
Beaver_SO2_RR_and_MP_App_B_Facilities.
---------------------------------------------------------------------------
Collectively, facility closures and the permitted SO<INF>2</INF>
emissions rates resulted in an actual decrease of approximately 22,052
tons of SO<INF>2</INF> emitted per year from 2011 to 2018. This is
approximately an 83% reduction from 2011 levels of 26,622 tons of
SO<INF>2</INF> emitted per year.\30\ As this reduction comes from
facility closures and permit-controlled emission limits, the EPA
proposes to find the air quality improvement in the Beaver County NAA
to be due to permanent and enforceable reductions in emissions.
---------------------------------------------------------------------------
\30\ See Beaver_SO4_RR_and_MP, at 11.
---------------------------------------------------------------------------
D. Criterion (4)--The Beaver County SO<INF>2</INF> Nonattainment Area
Has a Fully Approved Maintenance Plan Pursuant to Section 175A of the
CAA
To redesignate a NAA to attainment, CAA section 107(d)(3)(E)(iv)
requires the EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA. In conjunction
with its request to redesignate the Beaver County NAA to attainment for
the 2010 1-hour primary SO<INF>2</INF> NAAQS, the State submitted a SIP
revision to provide for the maintenance of the 2010 1-hour primary
SO<INF>2</INF> NAAQS for at least 10 years after the effective date of
redesignation to attainment. The EPA is proposing to find that this
maintenance plan meets the requirements for approval under section 175A
of the CAA.
1. Maintenance Plan Requirements
CAA section 175A sets forth the elements of a maintenance plan.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation request to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for an
additional 10 years following the initial 10-year period. To address
the possibility of future NAAQS violations, the maintenance plan must
contain contingency measures as the EPA deems necessary to assure
prompt correction of any future NAAQS violations, here the 2010 1-hour
primary SO<INF>2</INF> NAAQS. As noted above, the Calcagni Memo
provides further guidance on the content of a maintenance plan,
explaining that a maintenance plan should address five requirements:
(1) the attainment emissions inventory; (2) maintenance demonstration;
(3) monitoring; (4) verification of continued attainment; and (5) a
contingency plan.\31\ As discussed in detail below, the EPA is
proposing to determine that Pennsylvania's submitted maintenance plan
meets the requirements in CAA section 175A and is thus proposing to
approve it as a revision to the Beaver County portion of the
Pennsylvania SIP.
---------------------------------------------------------------------------
\31\ See Calcagni_Memo, at pp. 8-13.
---------------------------------------------------------------------------
2. Attainment Emissions Inventory
In a maintenance plan, states are required to submit an emissions
inventory to identify the level of emissions in the area which is
sufficient to attain and maintain the relevant NAAQS, which is called
the attainment inventory. This inventory is used as the basis for
future, projected emission inventories that are used to show the area
will remain in attainment. Pennsylvania submitted a 2018 SO<INF>2</INF>
emissions inventory as the attainment inventory with its maintenance
plan. This represented a year in which SO<INF>2</INF> emissions were at
levels required to demonstrate attainment of the 2010 SO<INF>2</INF>
NAAQS.
For the 2018 attainment year inventory, Pennsylvania directly used
point source emissions reported to Pennsylvania for 2018, except for
the Heritage Valley Beaver heliport,\32\ which was projected from the
2017 National Emission Inventory (NEI).\33\ The point source emissions
for the Beaver County NAA were verified against the EPA's emissions
inventory system (EIS) and the EPA found them to be acceptable.
Projected emissions for area sources in 2018 were estimated from the
2017 NEI emission data and growth factors developed by the Mid-Atlantic
Regional Air Management Association (MARAMA), Inc. These growth factors
are developed based on forecasts from various databases and tools,
including the Energy Information Administration's 2019 and 2020 Annual
Energy Outlook, the 2016 NEI Collaborative data for the rail and the
oil and gas Source Classification Codes, and other sources that are
detailed in the submitted maintenance plan.\34\ Area source emissions
were estimated based on the relative percentage of the Beaver County
population residing in the Beaver County NAA and the resulting factor
allocated the appropriate fraction of the County's total emissions to
the Beaver County NAA.
---------------------------------------------------------------------------
\32\ Referred to as MCBC heliport in Beaver_SO2_RR_and_MP.
\33\ The NEI is a comprehensive and detailed estimate of air
emissions of criteria pollutants, criteria precursors, and hazardous
air pollutants from air emissions sources. The NEI is released every
three years based primarily upon data provided by State, local, and
Tribal air agencies for sources in their jurisdictions and
supplemented by data developed by the U.S. EPA, available at
<a href="http://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei">www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei</a>.
\34\ See Beaver_SO2_RR_and_MP, at 18.
---------------------------------------------------------------------------
Nonroad and onroad mobile source emissions for 2017 were obtained
from the EPA's Motor Vehicle Emissions Simulator (MOVES) model,
specifically the MOVES2014b version. PADEP executed the MOVES2014b
modeling runs for nonroad mobile sources and utilized a contractor to
run the model for onroad mobile source emissions.
Projected inventories from the attainment inventory demonstrate
that the area will continue to remain in attainment throughout the
first maintenance period. Pennsylvania developed 2028 and 2036 emission
projections for the interim and maintenance plan end year,
respectively. Projected emissions for these years--as well as the base
year inventory--are available in Table 2 in this document. Projected
emissions for point and area sources were estimated, as previously
described for area sources, from the 2017 NEI and growth factors
developed by MARAMA. Point sources that have shut down since the 2018
base year were excluded from the 2028 and 2036 projections, namely the
Bruce Mansfield facility. Nonroad and onroad mobile source emissions
for the projected years 2028 and 2036 were estimated from the
MOVES2014b version. MOVES2014b modeling runs were once again executed
by PADEP for nonroad mobile source emissions and by the contractor for
onroad mobile source emissions. Additional details on some of the
assumptions and inputs to the model are available in the redesignation
request and its associated Appendices C5 and C6.\35\
---------------------------------------------------------------------------
\35\ See Beaver_SO2_RR_and_MP, at 21;
Beaver_SO2_RR_and_MP_App_C5_Mobile_inv_narrative; and
Beaver_SO2_RR_and_MP_App_C6_Mobile_Beaver_SO2_Summary.
[[Page 34819]]
Table 2--Emissions Inventories for the Beaver County Nonattainment Area
[Tons of SO2 per year]
----------------------------------------------------------------------------------------------------------------
2018 Actual 2028 Projected 2036 Projected
Sector emissions emissions emissions (maintenance
(base year) (interim year) year)
----------------------------------------------------------------------------------------------------------------
Point Sources....................................... 4,539 80 94
Area Sources........................................ 4 6 6
Nonroad Mobile Sources.............................. 0 0 1
Onroad Mobile Sources............................... 1 1 1
-----------------------------------------------------------
Total........................................... 4,544 87 * 101
----------------------------------------------------------------------------------------------------------------
* Discrepancy in summed emissions is due to rounding.
3. Maintenance Demonstration
The Calcagni memo describes two ways for a State to demonstrate
maintenance of the NAAQS for a period of at least 10 years following
the redesignation of the area: (1) the State can show that future
emissions of a pollutant will not exceed the level of the attainment
inventory, or (2) the State can model to show that the future mix of
sources and emission rates will not cause a violation of the
standard.\36\ Pennsylvania's projected actual emissions for the interim
year of 2028 and for the maintenance year of 2036 are both below the
total attainment inventory, which is acceptable for showing maintenance
in the Beaver County NAA, as shown in Table 2 in this document.
---------------------------------------------------------------------------
\36\ See Calcagni_Memo, at 9.
---------------------------------------------------------------------------
4. Monitoring Network
The 2014 SO<INF>2</INF> Guidance indicates that once an area has
been redesignated to attainment, the state should continue to operate
an appropriate air quality monitoring network as provided under 40 CFR
part 58 to verify the attainment status of the area. Pennsylvania has
committed to continued operation of its SO<INF>2</INF> monitoring
network in the Beaver County NAA to verify the attainment status. Also,
Pennsylvania will continue to submit an annual monitoring network plan
to the EPA for approval, in accordance with 40 CFR 58.10. No changes
will be made to the existing network unless pre-approved by the EPA.
The EPA proposes to find that these measures are sufficient for
purposes of the maintenance plan.
5. Verification of Continued Attainment
The 2014 SO<INF>2</INF> Guidance states that each air agency should
ensure that it has the legal authority to implement and enforce all
measures necessary to attain and maintain the 2010 SO<INF>2</INF>
NAAQS. The air agency's submittal should indicate how it will track the
progress of the maintenance plan for the area either through air
quality monitoring or modeling.
Pennsylvania Air Pollution Control Act (APCA) section 4(27) grants
PADEP the legal authority to implement all measures necessary to
enforce the APCA, including maintaining the 2010 1-hour primary
SO<INF>2</INF> NAAQS. In addition, PADEP has indicated it will track
the progress of the maintenance plan through an integrated approach
utilizing air quality monitoring data and emissions inventories.
As previously indicated, PADEP will continue to operate its
SO<INF>2</INF> monitoring network to verify the attainment status of
the Beaver County NAA. PADEP will also use emissions inventories--
developed annually for major point sources and triennially for area and
mobile sources--to assess emissions trends. PADEP has also committed to
submitting an additional SIP revision 8 years following redesignation
to establish the Commonwealth's plan for maintaining the 2010
SO<INF>2</INF> NAAQS for an additional 10 years, as required by CAA
section 175A(b).
The EPA proposes to find that these proposed measures will provide
for verifying continued attainment within the Beaver County NAA.
6. Contingency Measures
Section 175A(d) of the CAA requires that a maintenance plan include
such contingency measures as the EPA deems necessary to assure that the
State will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the State. A State
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must also include a requirement that a State will continue to implement
all measures with respect to control of the pollutant that were
contained in the SIP before redesignation of the area to attainment.
Pennsylvania has committed to continuing implementation of all
applicable measures indicated in the SIP after redesignation of the
Beaver County NAA.\37\ Furthermore, Pennsylvania has identified a
triggering indicator for its contingency measures, a schedule for
implementing these potential measures, and has specified potential
options to correct any NAAQS violation.\38\
---------------------------------------------------------------------------
\37\ See Beaver_SO2_RR_and_MP, at 23.
\38\ See Beaver_SO2_RR_and_MP, at 23 and Beaver County September
2017 Attainment Plan, at 37-39.
---------------------------------------------------------------------------
SO<INF>2</INF> monitoring data will serve as the primary trigger
for any responses to prevent or correct a NAAQS violation in the Beaver
County NAA. If a 1-hour daily maximum concentration exceeding 75 ppb is
registered at a PADEP-operated SO<INF>2</INF> monitor in the Beaver
County NAA, PADEP will proceed with an investigation and enforcement,
as appropriate. The 2017 attainment plan details that within 5 business
days of the identified exceedance, the PADEP Bureau of Air Quality
monitoring division will contact the Air Resource Management Division
Chief and the Southwest Regional Office Air Program Manager to report
the monitored data. If it is deemed necessary to take action, section
4(27) of the Pennsylvania APCA authorizes PADEP to take any action it
deems necessary, such as the issuance of orders to take corrective
action and the assessment of civil penalties.
As the 2036 projected inventory estimates approximately 100 tons of
SO<INF>2</INF> emissions per year compared to the approximately 4,500
tons of SO<INF>2</INF> emissions per year in the 2018 attainment year
inventory, it is not expected that there will be a future monitor
exceedance in the Beaver County NAA. Nevertheless, Pennsylvania has
committed to adopting and implementing corrective actions, as necessary
and appropriate.
[[Page 34820]]
The EPA proposes to find that these contingency measures are
sufficient. Consistent with the above proposed findings, the EPA
proposes to find that Pennsylvania's submitted maintenance plan meets
the requirements set forth in CAA section 175A and EPA guidance, and is
proposing to approve the maintenance plan as a revision to the
Pennsylvania SIP.
E. Criterion (5)--Pennsylvania Has Met All Applicable Requirements
Under Section 110 and Part D of Title I of the CAA
In accordance with section 107(d)(3)(E)(v) of the CAA, to
redesignate the Beaver County NAA to attainment, Pennsylvania must meet
all requirements applicable to the Beaver County NAA under CAA section
110 (general SIP requirements) and part D of title I of the CAA (SIP
requirements for nonattainment areas).
1. Section 110 General Requirements for SIPs
Pursuant to CAA section 110(a)(1), whenever new or revised NAAQS
are promulgated, the CAA requires States to submit a plan (i.e., SIP)
for the implementation, maintenance, and enforcement of such NAAQS.
Section 110(a)(2) of title I of the CAA contains the general
requirements for a SIP, also known as ``infrastructure'' requirements.
These requirements include, but are not limited to, the following:
submittal of a SIP that has been adopted by the state after reasonable
public notice and hearing; provisions for establishment and operation
of appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (Nonattainment New Source Review (NNSR) permit programs);
provisions for air pollution modeling; and 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. To implement this provision,
the EPA has required certain states to establish programs to address
the interstate transport of air pollutants.\39\ The section
110(a)(2)(D) requirements for a state are not linked with a particular
nonattainment area's designation and classification in that state. The
EPA has concluded that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, the EPA has concluded that the CAA's
interstate transport requirements should not be construed to be
applicable requirements for purposes of redesignation.
---------------------------------------------------------------------------
\39\ See Nitrogen Oxides (NO<INF>X</INF>) SIP Call and
amendments to the NO<INF>X</INF> SIP Call (64 FR 26298, May 14, 1999
and 65 FR 11222, March 2, 2000), and the Cross-State Air Pollution
Rule (CSAPR) Update (81 FR 74504, October 26, 2016).
---------------------------------------------------------------------------
In addition, the EPA has concluded other section 110 elements--
those that are neither connected with nonattainment plan submissions
nor linked with an area's attainment status--are not applicable
requirements for purposes of redesignation. The area will still be
subject to these requirements after the area is redesignated. The
section 110 and part D requirements which are linked with a particular
area's designation and classification are the relevant measures to
evaluate in reviewing a redesignation request. This approach is
consistent with the EPA's existing policy on applicability (i.e., for
redesignations) of conformity and oxygenated fuels requirements, as
well as with section 184 ozone transport requirements. See Reading,
Pennsylvania, proposed and final rules (61 FR 53174-53176, October 10,
1996), (62 FR 24826, May 7, 2008); Cleveland-Akron-Loraine, Ohio, final
rule (61 FR 20458, May 7,1996); and Tampa, Florida, final rule (60 FR
62748, December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
The EPA approved elements of Pennsylvania's June 15, 2014
SO<INF>2</INF> infrastructure SIP submittal on August 5, 2015.\40\ As
explained previously, certain general requirements of CAA section
110(a)(2) are statewide requirements that are not linked to the
nonattainment status of the Beaver County NAA and are therefore not
``applicable requirements'' for the purpose of reviewing Pennsylvania's
redesignation request. Because Pennsylvania satisfies the general SIP
elements and requirements set forth in CAA section 110(a)(2) applicable
to and necessary for SO<INF>2</INF> redesignation with the EPA's August
5, 2015 approval of the infrastructure SIP, the EPA proposes to
conclude that Pennsylvania has satisfied the criterion of section
107(d)(3)(E)(v) related to section 110(a)(2) of the CAA.
---------------------------------------------------------------------------
\40\ 80 FR 46494, August 5, 2015.
---------------------------------------------------------------------------
2. Part D Requirements
In addition to the CAA section 110 requirements, section
107(d)(3)(E)(v) requires that the state meet all the requirements
applicable to the nonattainment area ``under part D of this
subchapter'' for the nonattainment area to be redesignated. Both
section 107 and part D are within Title 1 of the CAA. Part D, entitled
``Plan Requirements for Nonattainment Areas,'' consists of six
subparts, of which only subparts 1 and 5 are applicable to
SO<INF>2</INF> nonattainment areas. Subpart 1 (sections 171 through
179B) contains provisions that can apply to all nonattainment areas for
all criteria pollutants, while subpart 5 (sections 191 and 192)
contains additional provisions for SO<INF>2</INF>, NO<INF>X</INF>, or
lead nonattainment areas. The requirements applicable to this
redesignation regarding the 2010 SO<INF>2</INF> NAAQS are discussed
below, as applicable to SO<INF>2</INF>.
a. Subpart 1 Requirements
1. Section 172 Requirements
CAA section 172 requires states with nonattainment areas to submit
plans that provide for timely attainment of the NAAQS. More
specifically, CAA section 172(c) contains general requirements for
nonattainment plans. A thorough discussion of these requirements is
found in the General Preamble for Implementation of title I.\41\
---------------------------------------------------------------------------
\41\ 57 FR 13498, April 16, 1992.
---------------------------------------------------------------------------
As noted in the General Preamble, certain attainment-related
planning requirements under CAA section 172(c) no longer have meaning
for an area that is already attaining the NAAQS, and therefore are not
applicable for purposes of redesignation. For example, for an area that
is already attaining the NAAQS, there would be nothing for the State to
provide to show reasonable further progress to attainment in that area.
Similarly, the CAA section 172 requirements for the attainment
demonstration, implementation of reasonably available control measures,
including reasonably available control technology, and contingency
measures that are triggered if an area fails to meet RFP or fails to
attain are also not applicable for purposes of redesignation.
With respect to CAA section 172(c)(3), Pennsylvania was required to
submit an actual current emissions inventory with its attainment
plan.\42\ Pennsylvania had
[[Page 34821]]
submitted a base year inventory with its attainment plan SIP on
September 29, 2017 and the EPA approved this element on October 1,
2019.\43\
---------------------------------------------------------------------------
\42\ With respect to CAA section 172(c)(5), Pennsylvania is
required to have a permit program for the construction and operation
of new or modified major stationary sources within the nonattainment
area. Discussion on this requirement is provided in section
II.E.2.a.2. ``Section 173 Requirements,'' in this document.
\43\ 84 FR 51988, October 1, 2019.
---------------------------------------------------------------------------
2. Section 173 Requirements
Section 173 of the CAA includes requirements for permit programs
that are required in a nonattainment area for new sources as required
by section 172(c)(5), known as nonattainment new source review (NNSR).
However, the EPA has a longstanding interpretation that because the
NNSR permit program is replaced by the prevention of significant
deterioration (PSD) permit program upon an area's redesignation to
attainment, nonattainment areas seeking redesignation to attainment do
not need a fully approved part D NNSR program to be redesignated. A
more detailed rationale for this view is described in a memorandum from
Mary Nichols, Assistant Administrator for Air and Radiation, dated
October 14, 1994, entitled, ``Part D New Source Review Requirements for
Areas Requesting Redesignation to Attainment.'' \44\ Nevertheless, the
EPA notes that Pennsylvania's Code has SIP-approved NNSR and PSD
programs found at 25 Pa. Code 127.201-127.218 for NNSR and at 25 Pa.
Code 127.81-127.83 for PSD. Pennsylvania's PSD regulations merely
incorporate by reference the Federal PSD regulations found at 40 CFR
part 52. Beaver County has therefore addressed all required provisions
for the permitting of sources in NAAs, including NNSR. See 40 CFR
52.2020(c). Pennsylvania's PSD program will become applicable for
SO<INF>2</INF> in the Beaver County NAA if redesignation to attainment
is finalized.
---------------------------------------------------------------------------
\44\ Available in the docket for this action as Nichols_Memo and
at <a href="http://www.epa.gov/sites/default/files/2015-07/documents/101494m.pdf">www.epa.gov/sites/default/files/2015-07/documents/101494m.pdf</a>.
---------------------------------------------------------------------------
3. Section 175A Requirements
CAA section 175A requires that states seeking redesignation of an
area to attainment submit a ``maintenance plan'' containing certain
elements. Pennsylvania included a maintenance plan for the Beaver
County NAA with its August 12, 2024 redesignation request, which the
EPA is proposing to approve in conjunction with the redesignation, and
it is discussed in detail in section II.D, Criterion (4) of this
document.
4. Section 176 Requirements
Section 176(c) of the CAA requires that Federal actions conform to
the air quality planning goals in the applicable SIP. The requirement
to determine conformity applies to transportation plans, programs, and
projects that are developed, funded, or approved under title 23 of the
United States Code and the Federal Transit Act (transportation
conformity) as well as to all other Federally-supported or funded
projects (general conformity). Section 176(c) of the CAA also requires
that states establish criteria and procedures to ensure that Federally-
supported or funded transportation plans, transportation improvement
programs (TIPs) and projects conform to the goals of the applicable
SIP. This is referred to as a transportation conformity SIP. In the
preamble to the January 1993 proposed transportation conformity rule,
the EPA stated that, ``[b]ased on available emissions information, EPA
believes highway and transit motor vehicles are not significant sources
of lead or sulfur dioxide. Therefore, transportation plans, TIPs, and
projects are presumed to conform to the applicable implementation plans
for these pollutants.'' \45\ In November 1993, the EPA finalized its
transportation conformity regulations. One section of those regulations
addressed the geographic applicability of the transportation conformity
regulations. The regulation stated at that time that, ``[t]he
provisions of this subpart apply with respect to emissions of the
following criteria pollutants: Ozone, carbon monoxide, nitrogen
dioxide, and particles with an aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM<INF>10</INF>).'' \46\ Based on this
provision, transportation conformity does not apply in nonattainment or
maintenance areas for SO<INF>2</INF>. Therefore, a transportation
conformity SIP is not required for SO<INF>2</INF> nonattainment and
maintenance areas and is not necessary for an SO<INF>2</INF>
nonattainment area to be redesignated to attainment, and the EPA's
transportation conformity rules do not apply to SO<INF>2</INF> for the
Beaver County NAA.
---------------------------------------------------------------------------
\45\ 58 FR 3776, January 11, 1993.
\46\ This provision has been revised to include particles with
an aerodynamic diameter less than or equal to a nominal 2.5
micrometers (PM<INF>2.5</INF>). See 40 CFR 93.102(b)(1).
---------------------------------------------------------------------------
5. Section 179 Requirements
Section 179(a) of the CAA addresses potential sanctions for the
failure of a State to submit certain required SIP elements by statutory
deadlines. The EPA is not aware of any missing or incomplete Beaver
County planning elements subject to section 179(a) of the CAA.
b. Subpart 5 Requirements
The subpart 5 requirements, which consist of sections 191 and 192
of the CAA, are specific provisions applicable to SO<INF>2</INF>,
NO<INF>2</INF> or lead nonattainment areas. Section 191 of the CAA
requires states with areas designated nonattainment for SO<INF>2</INF>,
NO<INF>2</INF> or lead after November 15, 1990, to submit within 18
months of the designation an implementation plan meeting the
requirements of part D.\47\ The substance of the required plans is
established by section 172(c). Section 192 sets forth attainment dates
for nonattainment areas under section 191.
---------------------------------------------------------------------------
\47\ Pennsylvania submitted this attainment plan on September
29, 2017, and EPA finalized approval of this SIP revision on October
1, 2019. Additional background on this process is provided in
section I.B. ``Relevant Historical SIP Actions,'' in this document.
---------------------------------------------------------------------------
For SO<INF>2</INF>, CAA section 192(a) requires that attainment
plans provide for attainment of the primary Standard as expeditiously
as possible, but no later than five years from the date of the
nonattainment designation. The EPA designated the Beaver County NAA as
nonattainment on August 5, 2013, with an attainment date of October 4,
2018. However, because the EPA is reviewing a redesignation request
under CAA section 107(d)(3)(E), rather than a determination of
attainment under CAA section 179(c), the determination of whether the
Area attained by the attainment date set forth in section 192 is not
applicable to this action proposing approval of Pennsylvania's
redesignation request.
Based on the above, the EPA is proposing to find that Pennsylvania
has satisfied the applicable requirements for the redesignation of the
Beaver County NAA under section 110 and part D of title I of the CAA.
III. Proposed Action
The EPA's review of this material indicates that the Beaver County
NAA has met the criteria necessary under CAA section 107(d)(3)(E) for
the EPA to redesignate the Beaver County NAA from nonattainment to
attainment for the 2010 SO<INF>2</INF> NAAQS. Accordingly, the EPA is
proposing to approve Pennsylvania's redesignation request for the
Beaver County NAA, which was submitted on August 12, 2024. Final
approval of Pennsylvania's redesignation request would change the legal
designation of the portion of Beaver County designated nonattainment at
40 CFR 81.339 to
[[Page 34822]]
attainment for the 2010 1-hour SO<INF>2</INF> NAAQS. Essential to the
potential redesignation, the EPA is also proposing to approve
Pennsylvania's maintenance plan, which is designed to ensure that the
potentially redesignated Beaver County NAA will continue to maintain
the SO<INF>2</INF> NAAQS for ten years following potential
redesignation. The EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
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, 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 Orders 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, 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.
[FR Doc. 2025-13946 Filed 7-23-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 24, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.