Rule2026-07399
Air Plan Approval; Pennsylvania; Redesignation Request for the Allegheny County Area for the 2012 Annual Fine Particulate Matter Standard
Primary source
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Published
April 16, 2026
Effective
May 18, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the Commonwealth of Pennsylvania's request to redesignate the Allegheny County, Pennsylvania nonattainment area (Allegheny County Area) to attainment for the 2012 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS or standard). The redesignation request was 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 91 Issue 73 (Thursday, April 16, 2026)</title>
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[Federal Register Volume 91, Number 73 (Thursday, April 16, 2026)]
[Rules and Regulations]
[Pages 20369-20372]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07399]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2025-1777; FRL-12985-02-R3]
Air Plan Approval; Pennsylvania; Redesignation Request 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 the Allegheny
County, Pennsylvania nonattainment area (Allegheny County Area) to
attainment for the 2012 annual fine particulate matter
(PM<INF>2.5</INF>) national ambient air quality standards (NAAQS or
standard). The redesignation request was 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 May 18, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-1777. 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#6e000b071d1907001a0b1c40070f002e0b1e0f40090118"><span class="__cf_email__" data-cfemail="325c575b41455b5c4657401c5b535c725742531c555d44">[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
Fine particulate pollution can be emitted directly from a source
(primary PM<INF>2.5</INF>) or formed secondarily through chemical
reactions in the atmosphere involving precursor pollutants emitted from
a variety of sources. The main precursors of secondary PM<INF>2.5</INF>
are sulfur dioxide (SO<INF>2</INF>), nitrogen oxides (NO<INF>X</INF>),
ammonia (NH<INF>3</INF>), and volatile organic compounds (VOCs).\1\
Sulfates are a type of secondary particulate formed from SO<INF>2</INF>
emissions from power plants and industrial facilities. Nitrates,
another common type of secondary particulate, are formed from
combustion emissions of NO<INF>X</INF> from power plants, mobile
sources, and other combustion sources.
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\1\ See 81 FR 58010 (August 24, 2016).
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On January 15, 2013 (78 FR 3086), the EPA promulgated a revised
primary annual PM<INF>2.5</INF> NAAQS to provide increased protection
of public health from fine particle pollution. In that action, the EPA
strengthened the primary annual PM<INF>2.5</INF> standard from 15.0
micrograms per cubic meter ([micro]g/m\3\) to 12.0 [micro]g/m\3\, which
is attained when the 3-year average of the annual arithmetic mean does
not exceed 12.0 [micro]g/m\3\. On January 15, 2015 (80 FR 2206), the
EPA published air quality designations for the 2012 annual
PM<INF>2.5</INF> NAAQS. In that action, the EPA designated all
municipalities in Allegheny County, Pennsylvania as one moderate
nonattainment area (Allegheny County Area) for the 2012 annual
PM<INF>2.5</INF> NAAQS. See 40 CFR 81.339. On September 4, 2025 PADEP,
on behalf of ACHD, formally submitted a redesignation request for the
Allegheny County Area for the 2012 annual PM<INF>2.5</INF> NAAQS.
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
[[Page 20370]]
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 20, 2025 (90 FR 52319), the EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, the EPA proposed approval of Pennsylvania's September 4, 2025
request to redesignate the Allegheny County Area to attainment for the
2012 annual PM<INF>2.5</INF> NAAQS. Notably, the EPA approved the
relevant maintenance plan in a previous action. See 90 FR 34770 (July
25, 2025).
II. Summary of the EPA Analysis
The EPA reviewed Pennsylvania's redesignation request and found
that the requirements for redesignating the Allegheny County Area to
attainment for the 2012 annual PM<INF>2.5</INF> NAAQS have been
satisfied pursuant to CAA section 107(d)(3)(E). The EPA is thus
approving Pennsylvania's request to change the designation of the
Allegheny County Area from nonattainment to attainment for the 2012
annual PM<INF>2.5</INF> NAAQS. The details of Pennsylvania's request
and the rationale for the EPA's now final action are explained in the
NPRM and will not be restated here.
III. The EPA's Response to Comments Received
The EPA's November 20, 2025 NPRM (90 FR 52319) opened a 30-day
public comment period, which closed on December 22, 2025. The EPA
received comments from two commenters. Those comments and the EPA's
responses are discussed below. All of the comments received and any
submitted attachments are included in the docket for this rule,
available at, <a href="http://www.regulation.gov">www.regulation.gov</a>, Docket ID Number EPA-R03-OAR-2025-
1777.
On December 22, 2025, Midwest Ozone Group (MOG) submitted comments
on the NPRM. In summary, MOG agrees with and supports the EPA's
proposed action to redesignate the Allegheny County Area to attainment
for the 2012 annual PM<INF>2.5</INF> NAAQS. The EPA acknowledges and
appreciates MOG's comments.
On November 20, 2025, the Citizens Rulemaking Alliance (CRA)
submitted comments on the NPRM. The following is a summary of CRA's
comments and the EPA's responses.
Comment: The commenter claimed that the EPA did not comply with
multiple statutory requirements, Executive Order 12866, and
transportation conformity requirements. The commenter attributes each
of these alleged procedural and statutory deficiencies to a claim that
this action proposes to approve a CAA section 175A maintenance plan,
including motor vehicle emissions budgets (``budgets'') for
transportation conformity under CAA section 176(c) and 40 CFR part 93.
First, the commenter claims that the EPA did not comply with the
Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act (RFA/SBREFA) because the approval of budgets will impact
transportation conformity determinations within the state, and as a
result, impact small entities. The commenter states that the action
either lacks a 605(b) certification or provides only a conclusory
statement. Second, the commenter claims that the EPA did not comply
with the Unfunded Mandates Reform Act (UMRA) because the approval of a
maintenance plan and its contingency measures will make them federally
enforceable, and budgets immediately impact transportation planning. As
a result, local jurisdictions can incur planning, modeling, and project
costs. The commenter claims that the EPA did not quantify these
expenditures or explain why they are below UMRA thresholds. Third, the
commenter claims that the EPA did not comply with the Paperwork
Reduction Act (PRA) because the approved maintenance plan may contain
recordkeeping, monitoring, and reporting provisions administered by
ACHD and local transportation agencies. The commenter states that the
EPA should clearly state if there are any information collection
requirements and include the relevant Office of Management and Budget
(OMB) control number. Fourth, the commenter claims that the EPA did not
comply with Executive Order 12866, and that the notice should include a
clear statement as to whether the action is a significant regulatory
action, and if not, the basis for that determination. The commenter
states that given the implication of budgets on a large metropolitan
area, the EPA should provide a short explanation regarding the
significance demonstration. Fifth, the commenter claims the EPA did not
comply with the transportation conformity budgets adequacy process
under 40 CFR part 93 because the document and docket do not appear to
include the required adequacy materials or make them available for
public comment. Lastly, the commenter states that if this was a direct
final rule, the EPA must withdraw the direct final rule and proceed via
notice-and-comment if adverse comment is received.
Response: The EPA disagrees with the commenter with respect to each
issue raised. This action does not approve a maintenance plan under CAA
section 175A or budgets under CAA section 176(c) and 40 CFR part 93.
Therefore, the commenter's claims that the EPA did not comply with the
RFA/SBREFA, UMRA, PRA, Executive Order 12866, and the transportation
conformity budget adequacy process with respect to approval of a
maintenance plan or budgets, or due to provisions in the maintenance
plan and budgets, are beyond the scope of this action, which is limited
to redesignation of the nonattainment area to attainment. The cause of
noncompliance cited by the commenter for each statute, Executive Order
12866, and transportation conformity is not part of this rulemaking.
The EPA previously approved, in a separate rulemaking, Pennsylvania's
maintenance plan for the Allegheny County Area for the 2012 annual
PM<INF>2.5</INF> NAAQS as a revision to the Pennsylvania SIP because it
met the requirements of CAA section 175A.\2\ The maintenance plan
included 2017, 2026, and 2035 PM<INF>2.5</INF> and NO<INF>X</INF>
budgets for the Allegheny County Area for the 2012 annual
PM<INF>2.5</INF> NAAQS. The EPA's analysis of the budgets for the
Allegheny County Area can be found in the EPA's budget technical
support document (TSD) prepared for that rule, available online at
<a href="http://www.regulations.gov">www.regulations.gov</a>, Docket ID: EPA-R03-OAR-2024-0586. The maintenance
plan became federally enforceable on August 25, 2025, the effective
date of the EPA's approval. ACHD must implement the provisions of the
maintenance plan, including budgets and contingency provisions,
irrespective of this action, which merely approves Pennsylvania's
request to redesignate the Allegheny County Area from nonattainment to
attainment for the 2012 annual PM<INF>2.5</INF> NAAQS. Of note, the EPA
did not receive any comments on that action specific to the RFA, UMRA,
PRA, Executive Order 12866, or the EPA's adequacy determination and
approval of budgets.
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\2\ See 90 FR 34770 (July 25, 2025).
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Additionally, this action was not a direct final rule. The EPA
published a proposed rule on November 20, 2025 (90 FR 52319) which
opened a 30-day public comment period that closed on
[[Page 20371]]
December 22, 2025. In this action, we are finalizing the November 20,
2025 proposed rule. The generic statement from the commenter that if
this was a direct final rule, the EPA must withdraw the direct final
and proceed via notice-and-comment if adverse comment is received,
along with the mistaken claim that this action approves a maintenance
plan and budgets, highlights that the commenter seems to have compiled
a series of generic comments that were not specific to this action.
IV. Final Action
The EPA is approving Pennsylvania's request to redesignate the
Allegheny County Area to attainment for the 2012 annual
PM<INF>2.5</INF> NAAQS. The EPA has evaluated Pennsylvania's
redesignation request and determined that ambient air monitoring data
demonstrates that the Allegheny County Area has attained the NAAQS and
the Area has met the redesignation criteria set forth in section
107(d)(3)(E) of the CAA. The effect of this final action is to change
the designation status of the Allegheny County Area from nonattainment
to attainment for the 2012 annual PM<INF>2.5</INF> NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, the redesignation of an area to attainment is an
action that affects the status of a geographical area and does not
impose any additional regulatory requirements on sources beyond those
required by state law. A redesignation to attainment does not in and of
itself impose any new requirements, but rather results in the
application of requirements contained in the CAA for areas that have
been redesignated to attainment. 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 this action is 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 an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, this action 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 June 15, 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 in 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 part
81 as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. In Sec. 81.339, amend the table ``Pennsylvania--2012 Annual
PM<INF>2.5</INF> NAAQS'' by revising the entry for ``Allegheny County,
PA'' to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--2012 Annual PM2.5 NAAQS
[Primary]
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Designation Classification
Designated area \1\ --------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Allegheny County, PA:
Allegheny County................. 5/18/2026 Attainment...............
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\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.
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[FR Doc. 2026-07399 Filed 4-15-26; 8:45 am]
BILLING CODE 6560-50-P
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