Rule2025-20096
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
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Published
November 18, 2025
Effective
December 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving both a redesignation request and state implementation plan (SIP) revision submitted on August 12, 2024 by the Commonwealth of Pennsylvania. The request asked the EPA to redesignate the Beaver County, Pennsylvania area (Beaver County Area) from nonattainment to attainment for the 2010 1-hour primary sulfur dioxide (SO<INF>2</INF>) national ambient air quality standard (NAAQS), while the SIP revision included Beaver County's maintenance plan for the 2010 1-hour primary SO<INF>2</INF> standard for the Beaver County Area. The EPA is approving this redesignation of the Beaver County Area from nonattainment to attainment for the 2010 SO<INF>2</INF> NAAQS and the revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
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[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Rules and Regulations]
[Pages 51560-51562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20096]
[[Page 51560]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2024-0624; FRL-12500-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving both a
redesignation request and state implementation plan (SIP) revision
submitted on August 12, 2024 by the Commonwealth of Pennsylvania. The
request asked the EPA to redesignate the Beaver County, Pennsylvania
area (Beaver County Area) from nonattainment to attainment for the 2010
1-hour primary sulfur dioxide (SO<INF>2</INF>) national ambient air
quality standard (NAAQS), while the SIP revision included Beaver
County's maintenance plan for the 2010 1-hour primary SO<INF>2</INF>
standard for the Beaver County Area. The EPA is approving this
redesignation of the Beaver County Area from nonattainment to
attainment for the 2010 SO<INF>2</INF> NAAQS and the revision to the
Pennsylvania SIP in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on December 18, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2024-0624. 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: 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#15787672607c67703b657d7c797c65557065743b727a63"><span class="__cf_email__" data-cfemail="fd909e9a88948f98d38d959491948dbd988d9cd39a928b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On July 24, 2025 (90 FR 34815), the EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, the EPA proposed to redesignate the Beaver County, Pennsylvania
area from nonattainment to attainment for the 2010 1-hour primary
SO<INF>2</INF> NAAQS. The EPA also proposed approval of a revision to
the Pennsylvania SIP which included Beaver County's maintenance plan
for the 2010 1-hour primary SO<INF>2</INF> NAAQS, the approval of which
is required for redesignation under CAA section 107(d)(3)(E). The
formal SIP revision was submitted by Pennsylvania on August 12, 2024.
The public comment period for the proposed rulemaking ended on August
25, 2025 and the EPA received no comments during the public comment
period.
II. Summary of SIP Revision and the EPA Analysis
The July 24, 2025 proposal (90 FR 34815) provides a detailed
discussion of the requirements of CAA section 107(d)(3)(E)--which
identifies the five criteria that must be met before a nonattainment
area may be redesignated to attainment--and the EPA's analysis of how
each requirement was met. To summarize this discussion: (1) the EPA
determined that the Beaver County Area attained the 2010 SO<INF>2</INF>
NAAQS based on air quality monitoring data in compliance with the
standard and on emissions data that is below modeled emissions limits
identified in Pennsylvania's 2017 attainment plan; (2) the EPA
determined that Pennsylvania has a fully approved SIP for the Beaver
County Area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation; (3) the EPA determined that
the improvement in the Beaver County Area's air quality is due to
permanent and enforceable reductions in emissions, including the
closures of multiple facilities and permitted SO<INF>2</INF> emissions
limits at various sources throughout the Beaver County Area; (4) the
EPA determined that Pennsylvania's maintenance plan was fully
approvable and ensures that the Beaver County Area will continue to
attain the 2010 SO<INF>2</INF> NAAQS for at least 10 years following
redesignation and further includes contingency measures to correct for
any potential future 2010 SO<INF>2</INF> NAAQS violations; \1\ and (5)
the EPA determined that Pennsylvania has met all applicable
requirements for the Beaver County Area under CAA section 110 and part
D. Additional rationale for the EPA's proposed action are explained in
the NPRM, and will not be restated here. No public comments were
received on the NPRM.
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\1\ Any measured monitor exceedances of the NAAQS will also
prompt a Pennsylvania Department of Environmental Protection-led
investigation and enforcement, as appropriate.
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III. Final Action
The EPA is approving the redesignation of the Beaver County Area
from nonattainment to attainment in accordance with Pennsylvania's
August 12, 2024, request. The criteria under CAA section 107(d)(3)(E)
as specific to the 2010 SO<INF>2</INF> NAAQS have been met. The EPA is
determining that the Beaver County Area is attaining the 2010
SO<INF>2</INF> NAAQS, the state has a fully approved applicable state
implementation plan under CAA section 110(k), the improvement in air
quality is due to permanent and enforceable SO<INF>2</INF> emissions
reductions in the Beaver County Area, the state now has a fully
approved maintenance plan for the area (as noted below), and the state
has met all requirements applicable to the area under CAA section 110
and part D of title I of the CAA. On this basis, the EPA is approving
the redesignation request from Pennsylvania for the Beaver County Area
and changing the legal designation of the Beaver County Area at 40 CFR
part 81 to attainment for the 2010 SO<INF>2</INF> NAAQS.
The EPA is also approving the Beaver County 2010 SO<INF>2</INF>
NAAQS maintenance plan as a revision to the Pennsylvania SIP. The
maintenance plan demonstrates that the area will continue to maintain
the 2010 SO<INF>2</INF> NAAQS for at least 10 years following
redesignation and includes a process to implement contingency measures
to remedy any future violations of the 2010 SO<INF>2</INF> NAAQS.
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
[[Page 51561]]
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 January 20, 2026. 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, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxidfebes,
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
the entry ``Maintenance Plan for the Beaver County, Pennsylvania
Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient
Air Quality Standard'' 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 geographic State Additional
revision area submittal date EPA approval date explanation
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* * * * * * *
Maintenance Plan for the Beaver Industry Borough, 8/12/2024 11/18/2025, 90 FR
County, Pennsylvania Shippingport [INSERT FEDERAL
Nonattainment Area for the 2010 Borough, Midland REGISTER PAGE WHERE
Sulfur Dioxide Primary National Borough, Brighton THE DOCUMENT BEGINS].
Ambient Air Quality Standard. Township, Potter
Township and Vanport
Township.
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* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In Sec. 81.339, amend the table entitled ``Pennsylvania--2010
Sulfur Dioxide NAAQS [Primary],'' by revising the first entry for
``Beaver County (part)'' to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
[[Page 51562]]
Pennsylvania--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area \1\ ------------------------------------------------------
Date \2\ Type
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* * * * * * *
Beaver, PA............................................... 12/18/2025 Attainment.
Beaver County (part).................................
Area consisting of Industry Borough, Shippingport
Borough, Midland Borough, Brighton Township,
Potter Township and Vanport Township.
* * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2025-20096 Filed 11-17-25; 8:45 am]
BILLING CODE 6560-50-P
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