Redesignation of Portions of Westmoreland and Cambria Counties, Pennsylvania for the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS), 101910-101913 [2024-29229]
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101910
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
WISCONSIN—2015 8-HOUR OZONE NAAQS—Continued
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
Date 2
Type
Type
Inclusive and east of the following roadways
with the boundary starting from north to
south: Union Road which turns into County
Road Y which turns into Highland Drive, to
Lower Road which turns into Monroe Street,
to Broadway/Main Street to Highway 32
which turns into Giddings Avenue to County
Road W to County Road KW.
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 August 3, 2018, unless otherwise noted.
5 EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS,
but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area,
the associated implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless
of this later designation date.
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[FR Doc. 2024–29137 Filed 12–16–24; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 81
[EPA–R03–OAR–2023–0419; FRL–11736–
02–R3]
Redesignation of Portions of
Westmoreland and Cambria Counties,
Pennsylvania for the 2010 Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS)
Environmental Protection
Agency (EPA).
AGENCY:
Final rule.
The Environmental Protection
Agency (the EPA or the Agency) is
finalizing the redesignation of portions
of Cambria County and Westmoreland
County, Pennsylvania, to
‘‘nonattainment’’ for the 2010 1-hour
primary sulfur dioxide (SO2) national
ambient air quality standard (NAAQS or
standard). Westmoreland County was
previously designated ‘‘attainment/
unclassifiable,’’ and Cambria County
was designated ‘‘unclassifiable.’’ The
EPA notified the Commonwealth of
Pennsylvania of its intended
redesignation of portions of Cambria
and Westmoreland counties on February
17, 2023, and published a Notice of
Availability (NOA) for this action on
February 12, 2024. The EPA’s
redesignation of portions of these
counties is based on modeled violations
of the 2010 1-hour primary SO2
NAAQS.
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SUMMARY:
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This final rule is effective on
January 16, 2025.
I. Background and Purpose of the EPA’s
Final Action
The EPA has established a
docket for this redesignation under
Docket ID Number EPA–R03–OAR–
2023–0419. 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.
The EPA has established a website for
the designations for the 2010 SO2
NAAQS at www.epa.gov/sulfur-dioxidedesignations/sulfurdioxidedesignations-regulatory-actions. This
final redesignation action, associated
technical support documents, and other
related information will be added to this
website.
The EPA is required by Clean Air Act
(CAA) section 107(d) to designate all
areas throughout the nation as attaining
or not attaining the NAAQS within two
years of the promulgation of any new or
revised NAAQS. Pursuant to CAA
section 107(d), the EPA must designate
as ‘‘nonattainment’’ those areas that
violate the NAAQS and those nearby
areas that contribute to violations. Once
an area has been designated, the EPA
Administrator, under CAA section
107(d)(3), may at any time notify a state
that a designation should be revised.
Under section 109 of the CAA, the
EPA has established primary and
secondary NAAQS for certain pervasive
air pollutants and conducts periodic
reviews of the NAAQS to determine
whether they should be revised or
whether new NAAQS should be
established. The primary NAAQS
represent ambient air quality standards,
the attainment and maintenance of
which the EPA has determined,
including a margin of safety, are
requisite to protect the public health.
The secondary NAAQS represent
ambient air quality standards, the
attainment and maintenance of which
the EPA has determined are requisite to
protect the public welfare from any
known or anticipated adverse effects
associated with the presence of such air
pollutant in the ambient air.
On June 22, 2010 (75 FR 35520), the
EPA finalized the revision of the 1-hour
primary SO2 NAAQS, codified at 40
Code of Federal Regulations (CFR)
50.17, which became effective on
August 23, 2010 (hereafter referred to as
the 2010 SO2 NAAQS). The 2010 SO2
NAAQS is met at an ambient air quality
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
DATES:
Jkt 265001
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.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
monitoring site (or in the case of
dispersion modeling, at an ambient air
quality receptor location) when the 3year average of the annual 99th
percentile of daily maximum 1-hour
average concentrations is less than or
equal to 75 parts per billion (ppb), as
determined in accordance with
appendix T of 40 CFR part 50. 40 CFR
50.17(a) and (b).
The EPA was required to designate
areas throughout the country for the
2010 SO2 NAAQS by June 3, 2012. The
EPA invoked a 1-year extension of the
deadline to designate areas for the 2010
SO2 NAAQS, as provided for under
CAA section 107, after which the
Agency completed an initial round of
SO2 designations for certain areas of the
country on August 5, 2013 (referred to
as ‘‘Round 1’’).1 In Round 1, the EPA
designated Indiana County,
Pennsylvania and a portion of
Armstrong County, Pennsylvania as
nonattainment (hereafter referred
collectively as the ‘‘Indiana Area’’). On
January 9, 2018,2 in a subsequent round
of designations for the 2010 SO2
NAAQS, Westmoreland County,
Pennsylvania was designated as
attainment/unclassifiable, and Cambria
County, Pennsylvania was designated as
unclassifiable.
In 2018, during the public comment
period for the proposed approval of the
SO2 attainment SIP for the Indiana Area
(83 FR 32606, July 13, 2018), the Sierra
Club submitted a modeling analysis
which claimed to also show violations
of the SO2 NAAQS within portions of
Westmoreland and Cambria counties
due to SO2 emissions from sources
located within the Indiana Area.3 In
2022, during the public comment period
for the proposed partial disapproval and
partial approval of the Indiana Area’s
attainment SIP (87 FR 15166, March 17,
2022), the EPA received additional
dispersion modeling from the Sierra
Club, and from Keystone-Conemaugh
Projects, LLC (KEY–CON),4 focused on
the Westmoreland and Cambria areas.
The EPA also conducted its own
modeling of those areas. Based on
review of all modeling analyses, the
EPA made the determination that there
are modeled SO2 NAAQS violations
outside of the existing Indiana Area, in
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1 78
FR 47191. Effective date October 4, 2013.
FR 1098. Effective date April 9, 2018.
3 Explained further in the NOA associated with
this redesignation. See 89 FR 9817 (February 12,
2024).
4 KEY–CON, licensee for the Keystone Generating
Station located in Armstrong County and the
Conemaugh Generating station located in Indiana
County, provided modeling to support its
comments rebutting modeling and views presented
by the Sierra Club and the EPA.
2 83
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portions of Westmoreland and Cambria
counties, and accordingly notified the
Governor of Pennsylvania in a letter
dated February 17, 2023, of our intent
to redesignate portions of Westmoreland
and Cambria counties as nonattainment
for the 2010 1-hour primary SO2
NAAQS, consistent with CAA section
107(d)(3)(A).5 On June 22, 2023, Acting
Secretary for the Pennsylvania
Department of Environmental Protection
(PA DEP), Richard Negrin, responded to
the EPA’s letter but did not specify
whether the Commonwealth agreed or
disagreed with the EPA’s determination
to redesignate portions of Westmoreland
and Cambria counties as nonattainment
for the 2010 1-hour primary SO2
NAAQS. Instead, Pennsylvania’s
response included several comments
questioning certain aspects of the
Technical Support Document (TSD) that
the EPA had developed and submitted
to PA DEP with the February 17, 2023
redesignation letter. The EPA responded
to the Commonwealth’s comments in a
January 2024 response to comments
(RTC) document, which is in the docket
associated with this action.6
The EPA is not required under CAA
section 107(d)(3) to seek public
comment during the redesignations
process, but we elected to do so for this
area to provide the public with an
opportunity to give input for the EPA’s
consideration before promulgating any
final redesignation. The EPA published
a NOA for this action in the Federal
Register on February 12, 2024 (89 FR
9815). Upon publication of the NOA in
the Federal Register, a 45-day public
comment period began. This comment
period closed on March 28, 2024, and
yielded comments from seven
commenters. A copy of the EPA’s
responses to the comments received
from the public is also located in the
docket for this action.
II. EPA’s Redesignation Decision and
Supporting Air Quality Information
A. SO2 Monitoring and Modeling
Considerations
The 1-hour primary SO2 standard is
violated at an ambient air quality
monitoring site (or in the case of
dispersion modeling, at an ambient air
quality receptor location) when the 3year average of the annual 99th
percentile of the daily maximum 1-hour
average concentrations exceeds 75 ppb,
5 Located in the public docket for this
redesignation at www.regulations.gov under Docket
ID No. EPA–R03–OAR–2023–0419.
6 A copy of PA DEP’s comments on the EPA’s
intended redesignation TSD and also the EPA’s RTC
replying to these comments, can be found in Docket
No. EPA–R03–OAR–2023–0419 via
www.regulations.gov.
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101911
as determined in accordance with
appendix T of 40 CFR part 50. The EPA
also believes that in certain cases,
including when SO2 monitors are
lacking, air dispersion modeling is an
appropriate tool to determine whether
an area is in attainment, as discussed in
the EPA’s document titled, ‘‘SO2
NAAQS Designations Modeling
Technical Assistance Document’’
(Modeling TAD).7 The Modeling TAD
provides nonbinding recommendations
on how to appropriately and sufficiently
model ambient air in proximity to an
SO2 emission source to establish air
quality data for comparison to the 2010
primary SO2 NAAQS for the purposes of
designations. For a short-term 1-hour
standard, dispersion modeling of
stationary sources can be the most
technically appropriate, efficient, and
effective because it accounts for fairly
infrequent combinations of
meteorological and source operating
conditions that can contribute to peak
ground-level concentrations of SO2. The
EPA’s Guideline on Air Quality Models,
found at appendix W to 40 CFR part 51,
provides recommendations on modeling
techniques and guidance for estimating
pollutant concentrations to assess
control strategies and determine
emission limits.
B. The Basis of Redesignating Portions
of Cambria and Westmoreland Counties,
Pennsylvania to Nonattainment for the
2010 SO2 NAAQS
Information and data providing the
basis for this action are provided in a
designations TSD included in the
docket for this action 8 and can also be
found online at www.epa.gov/sulfurdioxide-designations/sulfur-dioxidedesignations-regulatory-actions.
Additionally, other relevant documents
and files regarding this SO2
redesignation, including PA DEP’s
comments on the EPA’s TSD, the EPA’s
RTC replying to these comments, and
public comments are available for
review in the public docket for this
action. The information can also be
reviewed online at www.epa.gov/sulfurdioxide-designations/sulfur-dioxidedesignations-regulatory-actions.
C. Factors Considered in Determining
Nonattainment Area Boundary
The EPA has issued multiple
guidance documents for performing SO2
designations, the most recent of which
is a September 5, 2019 guidance from
Peter Tsirigotis, Director, U.S. EPA,
7 A copy is located in the docket via
www.regulations.gov, Docket ID No. EPA–R03–
OAR–2023–0419.
8 Docket ID No. EPA–HQ–OAR–2023–0419 at
www.regulations.gov.
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Office of Air Quality Planning and
Standards, to Regional Air Division
Directors, U.S. EPA Regions 1–10.9 This
memorandum supplements, where
necessary, prior designations guidance
documents on area designations for the
2010 1-hour primary SO2 NAAQS
issued on March 24, 2011, March 20,
2015, and July 22, 2016. The September
2019 memorandum identifies evaluation
factors in determining whether areas are
in violation of the 2010 SO2 NAAQS
and factors that the EPA intends to
assess in determining the boundaries for
such areas. These factors include: (1) air
quality characterization via ambient
monitoring or dispersion modeling
results; (2) emissions-related data; (3)
meteorology; (4) geography and
topography; and (5) jurisdictional
boundaries.
The EPA’s modeling indicates that
portions of Westmoreland and Cambria
counties are violating the 2010 1-hour
SO2 NAAQS, and the Agency’s detailed
evaluation of the modeled violations,
contributing sources, and intended area
boundaries based on the weight of
evidence of the previously identified
factors are included in the TSD, which
is located in the docket for this action.
The EPA’s boundaries of the relevant
area encompass Lower Yoder Township
in Cambria County, Pennsylvania and
St. Clair Township, Seward Borough,
and New Florence Borough in
Westmoreland County, Pennsylvania.10
A map showing these boundaries is
included in the final TSD.11
The purpose of this final action is to
announce and promulgate EPA’s area
redesignation of a portion of
Westmoreland County, Pennsylvania
from attainment/unclassifiable to
nonattainment and a portion of Cambria
County, Pennsylvania from
unclassifiable to nonattainment for the
2010 1-hour primary SO2 NAAQS,
creating a new area called the ‘‘CambriaWestmoreland Area.’’
The issuance of this final
redesignation will require the
Commonwealth of Pennsylvania to
undertake certain planning
requirements to reduce SO2
concentrations within this newly
redesignated nonattainment area,
including, but not limited to, the
9 ‘‘Area Designations for the 2010 Primary Sulfur
Dioxide National Ambient Air Quality Standard—
Round 4,’’ memorandum to Regional Air Division
Directors, Regions 1–10, from Peter Tsirigotis, dated
September 5, 2019, available at: www.epa.gov/sites/
production/files/2019–09/documents/round_4_so2_
designations_memo_09–05–2019_final.pdf.
10 The remaining portions of Cambria County and
Westmoreland County will retain the current
designations.
11 The final boundaries are the same as the EPA’s
initial intended boundaries.
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requirement to submit within 18 months
of redesignation, a revision to the
Pennsylvania SIP that provides for
attainment of the 2010 1-hour primary
SO2 NAAQS as expeditiously as
practicable, but no later than five years
after the effective date of redesignation
to nonattainment.
III. Environmental Justice Concerns
When the EPA establishes a new or
revised NAAQS, the CAA requires the
EPA to designate all areas of the U.S. as
either nonattainment, attainment, or
unclassifiable. This action addresses
designation determinations for certain
areas for the 2010 SO2 NAAQS. Area
designations address environmental
justice concerns by ensuring that the
public is properly informed about the
air quality in an area. In locations where
air quality does not meet the NAAQS,
the CAA requires relevant state
authorities to initiate appropriate air
quality management actions to ensure
that all those residing, working,
attending school, or otherwise present
in those areas are protected, regardless
of minority and economic status.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
Under Executive Orders 12866 (58 FR
51735, October 4, 1993) and 13563 (76
FR 3821, January 21, 2011), this action
is exempt and, therefore, is not subject
to review by the Office of Management
and Budget.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This action is a redesignation of
portions of two counties to
nonattainment and does not contain any
information collection activities.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. Section 107(d)(2)(B) of
the CAA explicitly provides that
designations are exempt from the
notice-and-comment provisions of the
APA. In addition, designations under
CAA section 107(d) are not among the
list of actions that are subject to the
notice-and-comment rulemaking
requirements of CAA section 307(d).
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D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action also does not have
federalism implications. It will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. The division of
responsibility between the Federal
Government and the states for purposes
of implementing the NAAQS is
established under the CAA.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications. It will neither impose
substantial direct compliance costs on
Federally recognized tribal
governments, nor preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying to those regulatory
actions that concern environmental
health or safety risks that the EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rule does not involve technical
standards.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
K. Congressional Review Act (CRA)
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs Federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
Indigenous peoples) and low-income
populations. The EPA believes that this
action does not have disproportionately
high and adverse human health or
environmental effects on minority
populations, low income populations
and/or indigenous peoples, as specified
in Executive Order 12898 (59 FR 7629,
February 16, 1994). This action, on
which the EPA offered public notice
and comment, changes the air quality
designation of an area and triggers an
obligation on the part of the
Commonwealth to develop an
implementation plan to improve air
quality in the area so that it meets the
2010 SO2 NAAQS. A forthcoming
implementation plan by the
Commonwealth will also be available
for public notice and comment.
This action is subject to the CRA, 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).
L. 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 February 18, 2025. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See CAA
section 307(b)(2).
V. Statutory Authority
The statutory authority for this action
is provided by 42 U.S.C. 7401, et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
101913
requirements, Sulfur oxides, Volatile
organic compounds.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble
the Environmental Protection Agency
amends title 40 CFR part 81 as follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et. seq.
Subpart C—Section 107 Attainment
Status Designations
■ 2. Amend § 81.339, in the table titled
‘‘Pennsylvania-2010 Sulfur Dioxide
NAAQS [Primary]’’ by:
■ a. Removing the entry ‘‘Cambria
County’’ and adding in its place the
entry ‘‘Cambria (part)’’;
■ b. Adding the entry ‘‘CambriaWestmoreland Area Lower Yoder
Township in Cambria County and St.
Clair Township, Seward Borough, and
New Florence Borough in
Westmoreland County’’ immediately
before the entry ‘‘Indiana, PA.’’; and
■ c. Revising the entry ‘‘Westmoreland
County;’’.
The revisions and additions read as
follows:
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PENNSYLVANIA—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area
Date
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Cambria (part) ...........................................................................................................................
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Cambria-Westmoreland Area ...................................................................................................
Lower Yoder Township in Cambria County and St. Clair Township, Seward Borough, and
New Florence Borough in Westmoreland County.
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Westmoreland County (part) .....................................................................................................
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Nonattainment.
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[FR Doc. 2024–29229 Filed 12–16–24; 8:45 am]
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Agencies
[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101910-101913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29229]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2023-0419; FRL-11736-02-R3]
Redesignation of Portions of Westmoreland and Cambria Counties,
Pennsylvania for the 2010 Sulfur Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (the EPA or the Agency) is
finalizing the redesignation of portions of Cambria County and
Westmoreland County, Pennsylvania, to ``nonattainment'' for the 2010 1-
hour primary sulfur dioxide (SO2) national ambient air
quality standard (NAAQS or standard). Westmoreland County was
previously designated ``attainment/ unclassifiable,'' and Cambria
County was designated ``unclassifiable.'' The EPA notified the
Commonwealth of Pennsylvania of its intended redesignation of portions
of Cambria and Westmoreland counties on February 17, 2023, and
published a Notice of Availability (NOA) for this action on February
12, 2024. The EPA's redesignation of portions of these counties is
based on modeled violations of the 2010 1-hour primary SO2
NAAQS.
DATES: This final rule is effective on January 16, 2025.
ADDRESSES: The EPA has established a docket for this redesignation
under Docket ID Number EPA-R03-OAR-2023-0419. 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.
The EPA has established a website for the designations for the 2010
SO2 NAAQS at www.epa.gov/sulfur-dioxide-designations/sulfurdioxide-designations-regulatory-actions. This final redesignation
action, associated technical support documents, and other related
information will be added to this website.
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 and Purpose of the EPA's Final Action
The EPA is required by Clean Air Act (CAA) section 107(d) to
designate all areas throughout the nation as attaining or not attaining
the NAAQS within two years of the promulgation of any new or revised
NAAQS. Pursuant to CAA section 107(d), the EPA must designate as
``nonattainment'' those areas that violate the NAAQS and those nearby
areas that contribute to violations. Once an area has been designated,
the EPA Administrator, under CAA section 107(d)(3), may at any time
notify a state that a designation should be revised.
Under section 109 of the CAA, the EPA has established primary and
secondary NAAQS for certain pervasive air pollutants and conducts
periodic reviews of the NAAQS to determine whether they should be
revised or whether new NAAQS should be established. The primary NAAQS
represent ambient air quality standards, the attainment and maintenance
of which the EPA has determined, including a margin of safety, are
requisite to protect the public health. The secondary NAAQS represent
ambient air quality standards, the attainment and maintenance of which
the EPA has determined are requisite to protect the public welfare from
any known or anticipated adverse effects associated with the presence
of such air pollutant in the ambient air.
On June 22, 2010 (75 FR 35520), the EPA finalized the revision of
the 1-hour primary SO2 NAAQS, codified at 40 Code of Federal
Regulations (CFR) 50.17, which became effective on August 23, 2010
(hereafter referred to as the 2010 SO2 NAAQS). The 2010
SO2 NAAQS is met at an ambient air quality
[[Page 101911]]
monitoring site (or in the case of dispersion modeling, at an ambient
air quality receptor location) when the 3-year average of the annual
99th percentile of daily maximum 1-hour average concentrations is less
than or equal to 75 parts per billion (ppb), as determined in
accordance with appendix T of 40 CFR part 50. 40 CFR 50.17(a) and (b).
The EPA was required to designate areas throughout the country for
the 2010 SO2 NAAQS by June 3, 2012. The EPA invoked a 1-year
extension of the deadline to designate areas for the 2010
SO2 NAAQS, as provided for under CAA section 107, after
which the Agency completed an initial round of SO2
designations for certain areas of the country on August 5, 2013
(referred to as ``Round 1'').\1\ In Round 1, the EPA designated Indiana
County, Pennsylvania and a portion of Armstrong County, Pennsylvania as
nonattainment (hereafter referred collectively as the ``Indiana
Area''). On January 9, 2018,\2\ in a subsequent round of designations
for the 2010 SO2 NAAQS, Westmoreland County, Pennsylvania
was designated as attainment/unclassifiable, and Cambria County,
Pennsylvania was designated as unclassifiable.
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\1\ 78 FR 47191. Effective date October 4, 2013.
\2\ 83 FR 1098. Effective date April 9, 2018.
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In 2018, during the public comment period for the proposed approval
of the SO2 attainment SIP for the Indiana Area (83 FR 32606,
July 13, 2018), the Sierra Club submitted a modeling analysis which
claimed to also show violations of the SO2 NAAQS within
portions of Westmoreland and Cambria counties due to SO2
emissions from sources located within the Indiana Area.\3\ In 2022,
during the public comment period for the proposed partial disapproval
and partial approval of the Indiana Area's attainment SIP (87 FR 15166,
March 17, 2022), the EPA received additional dispersion modeling from
the Sierra Club, and from Keystone-Conemaugh Projects, LLC (KEY-
CON),\4\ focused on the Westmoreland and Cambria areas. The EPA also
conducted its own modeling of those areas. Based on review of all
modeling analyses, the EPA made the determination that there are
modeled SO2 NAAQS violations outside of the existing Indiana
Area, in portions of Westmoreland and Cambria counties, and accordingly
notified the Governor of Pennsylvania in a letter dated February 17,
2023, of our intent to redesignate portions of Westmoreland and Cambria
counties as nonattainment for the 2010 1-hour primary SO2
NAAQS, consistent with CAA section 107(d)(3)(A).\5\ On June 22, 2023,
Acting Secretary for the Pennsylvania Department of Environmental
Protection (PA DEP), Richard Negrin, responded to the EPA's letter but
did not specify whether the Commonwealth agreed or disagreed with the
EPA's determination to redesignate portions of Westmoreland and Cambria
counties as nonattainment for the 2010 1-hour primary SO2
NAAQS. Instead, Pennsylvania's response included several comments
questioning certain aspects of the Technical Support Document (TSD)
that the EPA had developed and submitted to PA DEP with the February
17, 2023 redesignation letter. The EPA responded to the Commonwealth's
comments in a January 2024 response to comments (RTC) document, which
is in the docket associated with this action.\6\
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\3\ Explained further in the NOA associated with this
redesignation. See 89 FR 9817 (February 12, 2024).
\4\ KEY-CON, licensee for the Keystone Generating Station
located in Armstrong County and the Conemaugh Generating station
located in Indiana County, provided modeling to support its comments
rebutting modeling and views presented by the Sierra Club and the
EPA.
\5\ Located in the public docket for this redesignation at
www.regulations.gov under Docket ID No. EPA-R03-OAR-2023-0419.
\6\ A copy of PA DEP's comments on the EPA's intended
redesignation TSD and also the EPA's RTC replying to these comments,
can be found in Docket No. EPA-R03-OAR-2023-0419 via
www.regulations.gov.
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The EPA is not required under CAA section 107(d)(3) to seek public
comment during the redesignations process, but we elected to do so for
this area to provide the public with an opportunity to give input for
the EPA's consideration before promulgating any final redesignation.
The EPA published a NOA for this action in the Federal Register on
February 12, 2024 (89 FR 9815). Upon publication of the NOA in the
Federal Register, a 45-day public comment period began. This comment
period closed on March 28, 2024, and yielded comments from seven
commenters. A copy of the EPA's responses to the comments received from
the public is also located in the docket for this action.
II. EPA's Redesignation Decision and Supporting Air Quality Information
A. SO2 Monitoring and Modeling Considerations
The 1-hour primary SO2 standard is violated at an
ambient air quality monitoring site (or in the case of dispersion
modeling, at an ambient air quality receptor location) when the 3-year
average of the annual 99th percentile of the daily maximum 1-hour
average concentrations exceeds 75 ppb, as determined in accordance with
appendix T of 40 CFR part 50. The EPA also believes that in certain
cases, including when SO2 monitors are lacking, air
dispersion modeling is an appropriate tool to determine whether an area
is in attainment, as discussed in the EPA's document titled,
``SO2 NAAQS Designations Modeling Technical Assistance
Document'' (Modeling TAD).\7\ The Modeling TAD provides nonbinding
recommendations on how to appropriately and sufficiently model ambient
air in proximity to an SO2 emission source to establish air
quality data for comparison to the 2010 primary SO2 NAAQS
for the purposes of designations. For a short-term 1-hour standard,
dispersion modeling of stationary sources can be the most technically
appropriate, efficient, and effective because it accounts for fairly
infrequent combinations of meteorological and source operating
conditions that can contribute to peak ground-level concentrations of
SO2. The EPA's Guideline on Air Quality Models, found at
appendix W to 40 CFR part 51, provides recommendations on modeling
techniques and guidance for estimating pollutant concentrations to
assess control strategies and determine emission limits.
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\7\ A copy is located in the docket via www.regulations.gov,
Docket ID No. EPA-R03-OAR-2023-0419.
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B. The Basis of Redesignating Portions of Cambria and Westmoreland
Counties, Pennsylvania to Nonattainment for the 2010 SO2 NAAQS
Information and data providing the basis for this action are
provided in a designations TSD included in the docket for this action
\8\ and can also be found online at www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-regulatory-actions.
Additionally, other relevant documents and files regarding this
SO2 redesignation, including PA DEP's comments on the EPA's
TSD, the EPA's RTC replying to these comments, and public comments are
available for review in the public docket for this action. The
information can also be reviewed online at www.epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-regulatory-actions.
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\8\ Docket ID No. EPA-HQ-OAR-2023-0419 at www.regulations.gov.
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C. Factors Considered in Determining Nonattainment Area Boundary
The EPA has issued multiple guidance documents for performing
SO2 designations, the most recent of which is a September 5,
2019 guidance from Peter Tsirigotis, Director, U.S. EPA,
[[Page 101912]]
Office of Air Quality Planning and Standards, to Regional Air Division
Directors, U.S. EPA Regions 1-10.\9\ This memorandum supplements, where
necessary, prior designations guidance documents on area designations
for the 2010 1-hour primary SO2 NAAQS issued on March 24,
2011, March 20, 2015, and July 22, 2016. The September 2019 memorandum
identifies evaluation factors in determining whether areas are in
violation of the 2010 SO2 NAAQS and factors that the EPA
intends to assess in determining the boundaries for such areas. These
factors include: (1) air quality characterization via ambient
monitoring or dispersion modeling results; (2) emissions-related data;
(3) meteorology; (4) geography and topography; and (5) jurisdictional
boundaries.
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\9\ ``Area Designations for the 2010 Primary Sulfur Dioxide
National Ambient Air Quality Standard--Round 4,'' memorandum to
Regional Air Division Directors, Regions 1-10, from Peter
Tsirigotis, dated September 5, 2019, available at: www.epa.gov/sites/production/files/2019-09/documents/round_4_so2_designations_memo_09-05-2019_final.pdf.
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The EPA's modeling indicates that portions of Westmoreland and
Cambria counties are violating the 2010 1-hour SO2 NAAQS,
and the Agency's detailed evaluation of the modeled violations,
contributing sources, and intended area boundaries based on the weight
of evidence of the previously identified factors are included in the
TSD, which is located in the docket for this action. The EPA's
boundaries of the relevant area encompass Lower Yoder Township in
Cambria County, Pennsylvania and St. Clair Township, Seward Borough,
and New Florence Borough in Westmoreland County, Pennsylvania.\10\ A
map showing these boundaries is included in the final TSD.\11\
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\10\ The remaining portions of Cambria County and Westmoreland
County will retain the current designations.
\11\ The final boundaries are the same as the EPA's initial
intended boundaries.
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The purpose of this final action is to announce and promulgate
EPA's area redesignation of a portion of Westmoreland County,
Pennsylvania from attainment/unclassifiable to nonattainment and a
portion of Cambria County, Pennsylvania from unclassifiable to
nonattainment for the 2010 1-hour primary SO2 NAAQS,
creating a new area called the ``Cambria-Westmoreland Area.''
The issuance of this final redesignation will require the
Commonwealth of Pennsylvania to undertake certain planning requirements
to reduce SO2 concentrations within this newly redesignated
nonattainment area, including, but not limited to, the requirement to
submit within 18 months of redesignation, a revision to the
Pennsylvania SIP that provides for attainment of the 2010 1-hour
primary SO2 NAAQS as expeditiously as practicable, but no
later than five years after the effective date of redesignation to
nonattainment.
III. Environmental Justice Concerns
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. This action addresses designation
determinations for certain areas for the 2010 SO2 NAAQS.
Area designations address environmental justice concerns by ensuring
that the public is properly informed about the air quality in an area.
In locations where air quality does not meet the NAAQS, the CAA
requires relevant state authorities to initiate appropriate air quality
management actions to ensure that all those residing, working,
attending school, or otherwise present in those areas are protected,
regardless of minority and economic status.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this action is exempt and,
therefore, is not subject to review by the Office of Management and
Budget.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action is a redesignation of portions of two counties to
nonattainment and does not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
Section 107(d)(2)(B) of the CAA explicitly provides that designations
are exempt from the notice-and-comment provisions of the APA. In
addition, designations under CAA section 107(d) are not among the list
of actions that are subject to the notice-and-comment rulemaking
requirements of CAA section 307(d).
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action also does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
The division of responsibility between the Federal Government and the
states for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications. It will neither
impose substantial direct compliance costs on Federally recognized
tribal governments, nor preempt tribal law. Thus, Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rule does not involve technical standards.
[[Page 101913]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations. The EPA believes that this action
does not have disproportionately high and adverse human health or
environmental effects on minority populations, low income populations
and/or indigenous peoples, as specified in Executive Order 12898 (59 FR
7629, February 16, 1994). This action, on which the EPA offered public
notice and comment, changes the air quality designation of an area and
triggers an obligation on the part of the Commonwealth to develop an
implementation plan to improve air quality in the area so that it meets
the 2010 SO2 NAAQS. A forthcoming implementation plan by the
Commonwealth will also be available for public notice and comment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 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).
L. 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 February 18, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See CAA section 307(b)(2).
V. Statutory Authority
The statutory authority for this action is provided by 42 U.S.C.
7401, et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble the Environmental Protection
Agency amends title 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.
Subpart C--Section 107 Attainment Status Designations
0
2. Amend Sec. 81.339, in the table titled ``Pennsylvania-2010 Sulfur
Dioxide NAAQS [Primary]'' by:
0
a. Removing the entry ``Cambria County'' and adding in its place the
entry ``Cambria (part)'';
0
b. Adding the entry ``Cambria-Westmoreland Area Lower Yoder Township in
Cambria County and St. Clair Township, Seward Borough, and New Florence
Borough in Westmoreland County'' immediately before the entry
``Indiana, PA.''; and
0
c. Revising the entry ``Westmoreland County;''.
The revisions and additions read as follows:
* * * * *
Pennsylvania--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area --------------------------------------
Date Type
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* * * * * * *
Cambria (part)................... 1/16/2025 Unclassifiable.
* * * * * * *
Cambria-Westmoreland Area........ 1/16/2025 Nonattainment.
Lower Yoder Township in Cambria
County and St. Clair Township,
Seward Borough, and New Florence
Borough in Westmoreland County.
* * * * * * *
Westmoreland County (part)....... 1/16/2025 Attainment/
Unclassifiable
* * * * * * *
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[FR Doc. 2024-29229 Filed 12-16-24; 8:45 am]
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