Air Plan Approval; Pennsylvania; Allegheny County Open Burning Revision and Addition of Mon Valley Air Pollution Episode Requirements, 23523-23526 [2024-06940]
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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 27, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. In § 52.120, in paragraph (c), amend
table 4 by revising the entry for ‘‘Rule
100’’ under the Table headings, ‘‘PostJuly 1988 Rule Codification’’ and
‘‘Regulation I—General Provisions,’’ to
read as follows:
■
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.120
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1. The authority citation for Part 52
continues to read as follows:
■
Identification of plan.
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(c) * * *
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TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation
State effective
date
Title/subject
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EPA Approval Date
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Post-July 1988 Rule Codification
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Additional
explanation
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Regulation I—General Provisions
Rule 100 .................
General Provisions and Definitions .....
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[FR Doc. 2024–06879 Filed 4–3–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0565; FRL–11415–
02–R3]
Air Plan Approval; Pennsylvania;
Allegheny County Open Burning
Revision and Addition of Mon Valley
Air Pollution Episode Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) on behalf of the Allegheny
County Health Department (ACHD). The
revision incorporates into the
Pennsylvania SIP, particulate matter
emission mitigation requirements for
industry operating in the portion of
Allegheny County known as the ‘‘Mon
Valley’’ during weather-related
pollution episodes. It also amends a
portion of Allegheny County’s open
burning regulation, which was
previously incorporated into
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[INSERT FIRST PAGE OF FEDERAL
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2024.
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Pennsylvania’s SIP. EPA is approving
this revision to the Allegheny County
portion of the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
May 6, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2023–0565. All
documents in the docket are listed on
the www.regulations.gov 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 www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, 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) 814–5787. Ms. Schmitt
can also be reached via electronic mail
at schmitt.ellen@epa.gov.
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Submitted on August 23, 2023.
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SUPPLEMENTARY INFORMATION:
I. Background
EPA received a SIP submission from
PADEP on August 23, 2023, which EPA
subsequently proposed approval of on
February 5, 2024 (89 FR 7655). In EPA’s
notice of proposed rulemaking (NPRM),
EPA proposed to approve changes to
ACHD Air Pollution Control Rules and
Regulations in Article XXI. This SIP
revision includes amendments to
section 2105.50 regarding open burning,
and adds new section 2106.06, which
focuses on mitigating particulate matter
air pollution episodes in the Mon
Valley.
II. Summary of SIP Revision and EPA
Analysis
PADEP’s August 2023 SIP submission
seeks to incorporate into Pennsylvania’s
SIP a new section (2106.06, Mon Valley
Air Pollution Episode) to Allegheny
County Article XXI, which focuses on
mitigating particulate matter air
pollution episodes in the Mon Valley.
The SIP submission also seeks to
incorporate into the Pennsylvania SIP
related changes to Article XXI, section
2105.50, Open Burning.
Article XXI, section 2106.06, Mon
Valley Air Episode, is aimed at emission
mitigation requirements for industry
operating in the portion of the county
known as the ‘‘Mon Valley’’ during
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weather-related pollution episodes.1
Section 2106.06 applies to the following
sources located within the prescribed
Mon Valley Pollution Episode Area: (1)
all major and synthetic minor sources of
fine particulate matter (PM2.5); 2 (2) all
sources that have combined allowable
emissions from all emission units of 6.5
tons or more per year of PM2.5; and (3)
all sources that have combined
allowable emissions from all emission
units of 10 tons per year of PM10.3
Section 2106.06 requires applicable
sources to submit a mitigation plan to
reduce particulate matter emissions for
review and approval by ACHD.4 Each
applicable source’s mitigation plan must
include a Mon Valley Air Pollution
Watch Phase and a Mon Valley Air
Pollution Warning Phase, that the
source must be prepared for and follow.
Each source’s mitigation plan must
include procedures for when a Mon
Valley Air Pollution Watch or Warning
is issued. A Mon Valley Air Pollution
Watch shall be issued by ACHD if it is
‘‘determined from an air quality forecast
that for at least the next 24-hour period
atmospheric conditions will exist which
indicate that the 24-hour average
ambient concentration of PM2.5 in one or
more of the [Mon Valley] municipalities
. . . is forecasted to exceed’’ the value
of the 24-hour PM2.5 NAAQS of 35
1 Section 2106.06(d) defines the Mon Valley Air
Pollution Episode Area as including the following
municipalities: City of Clairton, City of Duquesne,
City of McKeesport, Borough of Braddock, Borough
of Braddock Hills, Borough of Chalfant, Borough of
Dravosburg, Borough of East McKeesport, Borough
of East Pittsburgh, Borough of Elizabeth, Borough of
Forest Hills, Borough of Glassport, Borough of
Jefferson Hills, Borough of Liberty, Borough of
Lincoln, Borough of Munhall, Borough of North
Braddock, Borough of Port Vue, Borough of Rankin,
Borough of Swissvale, Borough of Turtle Creek,
Borough of Versailles, Borough of Wall, Borough of
West Elizabeth, Borough of West Mifflin, Borough
of White Oak, Borough of Wilmerding, Borough of
Whitaker, Elizabeth Township, Forward Township,
North Versailles Township, and Wilkins Township.
See the technical support document (TSD) portion
of Pennsylvania’s August 23, 2023 Mon Valley Air
Pollution Episode SIP submission, section 2.2
Extent of Area, to learn more about how ACHD
determined the area of focus within Allegheny
County. The SIP submission and incorporated TSD
are located in the docket for this proposed
rulemaking.
2 Definitions of major source and synthetic minor
source can be found in ACHD Article XXI, section
2101.20, Definitions.
3 ACHD completed an analysis of the composition
of PM2.5 in the Mon Valley to determine which
sources should be applicable to section 2106.06. It
was determined that the majority of excess PM2.5 in
the Mon Valley is primary in nature and caused by
point source emissions from within the area. For
additional information, see sections 2.3 and 2.4 of
ACHD’s TSD which is located in the docket for this
proposed rulemaking.
4 According to ACHD, as of October 31, 2023, all
currently applicable sources have submitted
approved mitigation plans.
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micrograms per cubic meter (mg/m3).5
ACHD shall issue a Mon Valley Air
Pollution Warning if during a rolling 24hour averaging period, an official
monitoring station in an applicable
municipality exceeds the Mon Valley
PM2.5 threshold, 35 mg/m3, and ACHD
has determined that atmospheric
conditions will continue for the next 24hour period.
To support the reduction of
particulate matter pollution during a
Mon Valley Air Pollution Watch or
Warning, ACHD is also requesting that
EPA incorporate into the SIP ACHD’s
amendment to Article XXI, section
2105.50, Open Burning, which was
previously approved into the
Commonwealth’s SIP.
Other specific requirements of
Allegheny County Article XXI section
2106.06 and 2105.50 and the rationale
for EPA’s action are explained in the
NPRM, and will not be restated here.
After review of the August 2023 SIP
submission, EPA has determined that
the changes to Article XXI are overall
SIP strengthening. By incorporating
Allegheny County Article XXI section
2106.06 into the Pennsylvania SIP,
ACHD adds an additional measure by
which the county can help control
particulate matter emissions in the Mon
Valley, with a relatively quick turnaround time. The amendment to section
2105.50 further supports this measure.
This revision will support ACHD’s
efforts to reduce air pollution emissions
in order to minimize the impact on
public health.6
III. EPA’s Response to Comments
Received
The public comment period for the
NPRM ended on March 6, 2024, and no
adverse comments were received. EPA
received one comment, which we
consider to be vague and non-adverse.
IV. Final Action
For the reasons discussed in detail in
the proposed rulemaking and
summarized herein, EPA is approving
PADEP’s August 23, 2023 SIP
submission as a revision to the
Allegheny County portion of the
Pennsylvania SIP.
V. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
5 Article XXI section 2106.06(c). Article XXI
section 2106.06 provides that the ‘‘Mon Valley
PM2.5 threshold level’’ for purposes of defining a
Watch and Warning is the value of the primary 24hour PM2.5 NAAQS.
6 Nothing contained in Article XXI section
2106.06 shall impact ACHD’s power to issue an
Emergency Order pursuant to section 2019.05 of the
same Article.
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Allegheny County
Article XXI section 2106.06 and section
2105.50, as described in section II of
this preamble. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.7
VI. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• 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) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
7 62
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• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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;
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
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Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 3, 2024. 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 amending
Allegheny County XXI section 2105.50
regarding open burning, and adding
new section 2106.06 may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
D. Environmental Justice
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (E.J.) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
ACHD did not evaluate environmental
justice considerations as part of its SIP
submission; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this final
rulemaking. Due to the nature of the
action being taken here, this rulemaking
is expected to have a neutral to positive
impact on the air quality of the affected
area. Consideration of EJ is not required
as part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
State
effective
date
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
In addition, this final rulemaking
amending Allegheny County Article XXI
section 2105.50 and adding section
2106.06 of Allegheny County Article
XXI to Pennsylvania’s SIP, does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the Commonwealth, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(2) is amended by revising the entry
‘‘Open Burning’’ and by adding the
entry ‘‘Mon Valley Air Pollution
Episode.’’
■
§ 52.2020
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Identification of plan.
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(c) * * *
(2) * * *
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Additional
explanation/
§ 52.2063 citation
Article XX or
XXI citation
Title/subject
*
2105.50 ..........
*
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Open Burning ................................................
*
11/25/2021
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4/4/2024, [insert Federal Register citation].
*
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2106.06 ..........
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Mon Valley Air Pollution Episode ..................
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11/25/2021
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4/4/2024, [insert Federal Register citation].
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I. Where can I get copies of this
document and other related
information?
[FR Doc. 2024–06940 Filed 4–3–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52, 75, 78, and 97
[EPA–HQ–OAR–2021–0668; FRL–11810–01–
OAR]
Partial Denial of Petitions for
Reconsideration: Federal ‘‘Good
Neighbor Plan’’ for the 2015 Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Notification of action partially
denying petitions for reconsideration
and administrative stays.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice that it
has responded to petitions for
reconsideration and administrative stay
of a final action under the ‘‘good
neighbor’’ or ‘‘interstate transport’’
provision of the Clean Air Act (CAA)
published in the Federal Register on
June 5, 2023, titled ‘‘Federal ‘Good
Neighbor Plan’ for the 2015 Ozone
National Ambient Air Quality
Standards’’ (‘‘Good Neighbor Plan’’). In
August 2023, the EPA received the four
petitions addressed by this action,
which seek reconsideration of the Good
Neighbor Plan in part on the basis of
stays pending judicial review as to
certain States issued after the Good
Neighbor Plan was promulgated. The
EPA is partially denying these four
petitions as to this basis. The basis for
EPA’s action is set out fully in an
enclosure accompanying the response
letters, available in the docket for this
action. Because the EPA is denying the
reconsideration requests, the EPA is also
denying associated requests to stay the
Good Neighbor Plan filed by two of the
four petitioners. At this time, the EPA
is not addressing other grounds for
reconsideration of the Good Neighbor
Plan that have been raised by these or
other petitioners.
DATES: April 4, 2024.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Uher, U.S. Environmental
Protection Agency, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, 109 T.W. Alexander
Drive, Mail Code C539–04, Research
Triangle Park, NC 27711; phone
number: (919) 541–5534; email address:
uher.thomas@epa.gov.
SUPPLEMENTARY INFORMATION:
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A copy of this Federal Register
document, the petitions,1 the letters
denying the four petitions and the
accompanying enclosure 2 describing
the full basis for the partial denial of
these petitions and associated stay
requests, and other materials related to
this action are available in the docket
that the EPA established for the Good
Neighbor Plan rulemaking, under
Docket ID No. EPA–HQ–OAR–2021–
0668.
All documents in the docket are listed
at https://www.regulations.gov. Some
information may not be publicly
available, i.e., Confidential Business
Information 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 either electronically at https://
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, EPA Docket Center, William
Jefferson Clinton West Building, Room
3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Office of Air and Radiation Docket
is (202) 566–1742.
1 The
four petitions are styled respectively as:
Petition for Reconsideration and Stay of the Final
Rule: Federal ‘‘Good Neighbor Plan’’ for the 2015
Ozone National Ambient Air Quality Standards
submitted on behalf of United States Steel
Corporation; Petition for Reconsideration and Stay
of the Final Rule: Federal ‘‘Good Neighbor Plan’’ for
the 2015 Ozone National Ambient Air Quality
Standards submitted on behalf of ALLETE, Inc.
d/b/a Minnesota Power; Northern States Power
Company—Minnesota; Great River Energy;
Southern Minnesota Municipal Power Agency;
Cleveland-Cliffs, Inc.; and United States Steel
Corporation (collectively the ‘‘Minnesota Good
Neighbor Coalition’’); Petition for Reconsideration
of the Final Rule for the Promulgation of Air
Quality Implementation Plans; State of Arkansas;
Federal ‘‘Good Neighbor Plan’’ for the 2015 8-Hour
Ozone National Ambient Air Quality Standards
submitted on behalf of the Arkansas Department of
Energy & Environment, Division of Environmental
Quality (DEQ); and Administrative Petition for
Reconsideration of the Federal ‘‘Good Neighbor
Plan’’ for the 2015 Ozone National Ambient Air
Quality Standards submitted on behalf of Hybar
LLC.
2 See ‘‘The EPA’s Basis for Partially Denying
Petitions for Reconsideration of the Good Neighbor
Plan On Grounds Related to Judicial Stays of the
SIP Disapproval Action as to 12 States.’’
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II. Description of Action
On March 15, 2023, the EPA
promulgated the Good Neighbor Plan,
which established Federal
implementation plan (FIP) requirements
for sources in 23 States to address ‘‘good
neighbor’’ obligations under CAA
section 110(a)(2)(D)(i)(I) for the 2015
ozone NAAQS. Following the
finalization and publication of the Good
Neighbor Plan, several parties filed
petitions with the EPA seeking
reconsideration and/or an
administrative stay of the Good
Neighbor Plan, pursuant to either the
Administrative Procedure Act, 5 U.S.C.
705, or CAA Act section 307, 42 U.S.C.
7607. Four of these petitions expressly
sought reconsideration by the Agency
specifically on grounds related to the
issuance of partial judicial stay orders of
the separate State implementation plan
(SIP) disapproval action (88 FR 9336;
Feb. 13, 2023) that had been entered as
to several of the States covered by the
Good Neighbor Plan.
In the denial letters, the EPA explains
that it is partially denying these four
petitions for reconsideration, because
the objections are not ‘‘centrally
relevant’’ to the Good Neighbor Plan in
the sense that, having considered the
two issues raised in relation to the
judicial stays, the EPA found they
provide no basis on which the Good
Neighbor Plan should be modified or
withdrawn. The enclosure to the denial
letters articulates the rationale for the
EPA’s final response and is available in
the docket for this action.
III. Judicial Review
This final action may be challenged in
the United States Court of Appeals for
the District of Columbia Circuit.
Pursuant to CAA section 307(b)(1),
petitions for judicial review of this
action must be filed in that court within
60 days after the date notice of this final
action is published in the Federal
Register.
CAA section 307(b)(1) governs
judicial review of final actions by the
EPA. This section provides, in part, that
petitions for review must be filed in the
D.C. Circuit: (1) when the Agency action
consists of ‘‘nationally applicable
regulations promulgated, or final actions
taken, by the Administrator,’’ or (2)
when the Agency action is locally or
regionally applicable, if ‘‘such action is
based on a determination of nationwide
scope or effect and if in taking such
action the Administrator finds and
publishes that such action is based on
such a determination.’’ Numerous
petitions for review of the Good
Neighbor Plan are currently proceeding
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[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23523-23526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06940]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0565; FRL-11415-02-R3]
Air Plan Approval; Pennsylvania; Allegheny County Open Burning
Revision and Addition of Mon Valley Air Pollution Episode Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Pennsylvania
Department of Environmental Protection (PADEP) on behalf of the
Allegheny County Health Department (ACHD). The revision incorporates
into the Pennsylvania SIP, particulate matter emission mitigation
requirements for industry operating in the portion of Allegheny County
known as the ``Mon Valley'' during weather-related pollution episodes.
It also amends a portion of Allegheny County's open burning regulation,
which was previously incorporated into Pennsylvania's SIP. EPA is
approving this revision to the Allegheny County portion of the
Pennsylvania SIP in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on May 6, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2023-0565. All documents in the docket are listed on
the www.regulations.gov 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
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, 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) 814-5787. Ms. Schmitt can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA received a SIP submission from PADEP on August 23, 2023, which
EPA subsequently proposed approval of on February 5, 2024 (89 FR 7655).
In EPA's notice of proposed rulemaking (NPRM), EPA proposed to approve
changes to ACHD Air Pollution Control Rules and Regulations in Article
XXI. This SIP revision includes amendments to section 2105.50 regarding
open burning, and adds new section 2106.06, which focuses on mitigating
particulate matter air pollution episodes in the Mon Valley.
II. Summary of SIP Revision and EPA Analysis
PADEP's August 2023 SIP submission seeks to incorporate into
Pennsylvania's SIP a new section (2106.06, Mon Valley Air Pollution
Episode) to Allegheny County Article XXI, which focuses on mitigating
particulate matter air pollution episodes in the Mon Valley. The SIP
submission also seeks to incorporate into the Pennsylvania SIP related
changes to Article XXI, section 2105.50, Open Burning.
Article XXI, section 2106.06, Mon Valley Air Episode, is aimed at
emission mitigation requirements for industry operating in the portion
of the county known as the ``Mon Valley'' during
[[Page 23524]]
weather-related pollution episodes.\1\ Section 2106.06 applies to the
following sources located within the prescribed Mon Valley Pollution
Episode Area: (1) all major and synthetic minor sources of fine
particulate matter (PM2.5); \2\ (2) all sources that have
combined allowable emissions from all emission units of 6.5 tons or
more per year of PM2.5; and (3) all sources that have
combined allowable emissions from all emission units of 10 tons per
year of PM10.\3\
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\1\ Section 2106.06(d) defines the Mon Valley Air Pollution
Episode Area as including the following municipalities: City of
Clairton, City of Duquesne, City of McKeesport, Borough of Braddock,
Borough of Braddock Hills, Borough of Chalfant, Borough of
Dravosburg, Borough of East McKeesport, Borough of East Pittsburgh,
Borough of Elizabeth, Borough of Forest Hills, Borough of Glassport,
Borough of Jefferson Hills, Borough of Liberty, Borough of Lincoln,
Borough of Munhall, Borough of North Braddock, Borough of Port Vue,
Borough of Rankin, Borough of Swissvale, Borough of Turtle Creek,
Borough of Versailles, Borough of Wall, Borough of West Elizabeth,
Borough of West Mifflin, Borough of White Oak, Borough of
Wilmerding, Borough of Whitaker, Elizabeth Township, Forward
Township, North Versailles Township, and Wilkins Township. See the
technical support document (TSD) portion of Pennsylvania's August
23, 2023 Mon Valley Air Pollution Episode SIP submission, section
2.2 Extent of Area, to learn more about how ACHD determined the area
of focus within Allegheny County. The SIP submission and
incorporated TSD are located in the docket for this proposed
rulemaking.
\2\ Definitions of major source and synthetic minor source can
be found in ACHD Article XXI, section 2101.20, Definitions.
\3\ ACHD completed an analysis of the composition of
PM2.5 in the Mon Valley to determine which sources should
be applicable to section 2106.06. It was determined that the
majority of excess PM2.5 in the Mon Valley is primary in
nature and caused by point source emissions from within the area.
For additional information, see sections 2.3 and 2.4 of ACHD's TSD
which is located in the docket for this proposed rulemaking.
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Section 2106.06 requires applicable sources to submit a mitigation
plan to reduce particulate matter emissions for review and approval by
ACHD.\4\ Each applicable source's mitigation plan must include a Mon
Valley Air Pollution Watch Phase and a Mon Valley Air Pollution Warning
Phase, that the source must be prepared for and follow. Each source's
mitigation plan must include procedures for when a Mon Valley Air
Pollution Watch or Warning is issued. A Mon Valley Air Pollution Watch
shall be issued by ACHD if it is ``determined from an air quality
forecast that for at least the next 24-hour period atmospheric
conditions will exist which indicate that the 24-hour average ambient
concentration of PM2.5 in one or more of the [Mon Valley]
municipalities . . . is forecasted to exceed'' the value of the 24-hour
PM2.5 NAAQS of 35 micrograms per cubic meter ([micro]g/
m\3\).\5\ ACHD shall issue a Mon Valley Air Pollution Warning if during
a rolling 24-hour averaging period, an official monitoring station in
an applicable municipality exceeds the Mon Valley PM2.5
threshold, 35 [micro]g/m\3\, and ACHD has determined that atmospheric
conditions will continue for the next 24-hour period.
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\4\ According to ACHD, as of October 31, 2023, all currently
applicable sources have submitted approved mitigation plans.
\5\ Article XXI section 2106.06(c). Article XXI section 2106.06
provides that the ``Mon Valley PM2.5 threshold level''
for purposes of defining a Watch and Warning is the value of the
primary 24-hour PM2.5 NAAQS.
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To support the reduction of particulate matter pollution during a
Mon Valley Air Pollution Watch or Warning, ACHD is also requesting that
EPA incorporate into the SIP ACHD's amendment to Article XXI, section
2105.50, Open Burning, which was previously approved into the
Commonwealth's SIP.
Other specific requirements of Allegheny County Article XXI section
2106.06 and 2105.50 and the rationale for EPA's action are explained in
the NPRM, and will not be restated here.
After review of the August 2023 SIP submission, EPA has determined
that the changes to Article XXI are overall SIP strengthening. By
incorporating Allegheny County Article XXI section 2106.06 into the
Pennsylvania SIP, ACHD adds an additional measure by which the county
can help control particulate matter emissions in the Mon Valley, with a
relatively quick turn-around time. The amendment to section 2105.50
further supports this measure. This revision will support ACHD's
efforts to reduce air pollution emissions in order to minimize the
impact on public health.\6\
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\6\ Nothing contained in Article XXI section 2106.06 shall
impact ACHD's power to issue an Emergency Order pursuant to section
2019.05 of the same Article.
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III. EPA's Response to Comments Received
The public comment period for the NPRM ended on March 6, 2024, and
no adverse comments were received. EPA received one comment, which we
consider to be vague and non-adverse.
IV. Final Action
For the reasons discussed in detail in the proposed rulemaking and
summarized herein, EPA is approving PADEP's August 23, 2023 SIP
submission as a revision to the Allegheny County portion of the
Pennsylvania SIP.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Allegheny
County Article XXI section 2106.06 and section 2105.50, as described in
section II of this preamble. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region III Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\7\
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\7\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
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) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
[[Page 23525]]
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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;
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 3, 2024. 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 amending Allegheny County XXI section 2105.50
regarding open burning, and adding new section 2106.06 may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
D. Environmental Justice
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (E.J.) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
ACHD did not evaluate environmental justice considerations as part
of its SIP submission; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this final rulemaking. Due to
the nature of the action being taken here, this rulemaking is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
In addition, this final rulemaking amending Allegheny County
Article XXI section 2105.50 and adding section 2106.06 of Allegheny
County Article XXI to Pennsylvania's SIP, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the Commonwealth, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 (c)(2) is amended by
revising the entry ``Open Burning'' and by adding the entry ``Mon
Valley Air Pollution Episode.''
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
State
Article XX or XXI Title/subject effective EPA approval date Additional explanation/
citation date Sec. 52.2063 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2105.50................. Open Burning......... 11/25/2021 4/4/2024, [insert
Federal Register
citation].
* * * * * * *
2106.06................. Mon Valley Air 11/25/2021 4/4/2024, [insert
Pollution Episode. Federal Register
citation].
* * * * * * *
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[[Page 23526]]
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[FR Doc. 2024-06940 Filed 4-3-24; 8:45 am]
BILLING CODE 6560-50-P