[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Proposed Rules]
[Pages 7655-7658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02215]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2023-0565; FRL-11415-01-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 SIP submission 
requests EPA to incorporate 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. This action is being taken under the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before March 6, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2023-0565 at www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia

[[Page 7656]]

submissions, and general guidance on making effective comments, please 
visit www.epa.gov/dockets/commenting-epa-dockets.

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: EPA received a SIP submission from ACHD on 
August 23, 2023 requesting that EPA incorporate into Pennsylvania's 
SIP, revisions to ACHD Air Pollution Control Rules and Regulations in 
Article XXI. These revisions include amendments to section 2105.50 
regarding open burning, and adding new section 2106.06, which focuses 
on mitigating particulate matter air pollution episodes in the Mon 
Valley.

I. Background

    EPA's particulate matter national ambient air quality standards 
(NAAQS) address particles with diameters that are generally two and 
half micrometers or smaller (fine particulate matter or 
PM2.5) and particles with diameters that are generally 10 
micrometers or smaller (coarse particulate matter or PM10). 
On July 1, 1987, EPA promulgated two primary standards for 
PM10: A 24-hour (daily) standard of 150 micrograms per cubic 
meter ([micro]g/m\3\) and an annual standard of 50 [micro]g/m\3\. EPA 
also promulgated secondary PM10 standards that were 
identical to the primary standards.\1\ On October 17, 2006 (71 FR 
61144),\2\ EPA revoked the annual PM10 standards but 
retained the 24-hour standards.
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    \1\ 52 FR 24634 (July 1, 1987). Effective July 31, 1987.
    \2\ Effective December 18, 2006.
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    On July 18, 1997 (62 FR 38652), EPA revised the NAAQS for 
particulate matter to add new standards for PM2.5, 
establishing primary and secondary annual and 24-hour standards.\3\ The 
annual standard was set at 15.0 [micro]g/m\3\ based on a 3-year average 
of annual mean PM2.5 concentrations, and the 24-hour 
standard was set at 65 [micro]g/m\3\ based on the 3-year average of the 
annual 98th percentile values of 24-hour PM2.5 
concentrations at each population-oriented monitor within an area.\4\
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    \3\ In this same action, EPA revised the form of the 24-hour 
PM10 standard to be based on the 3-year average of the 
99th percentile of 24-hour PM10 concentrations at each 
monitor within an area.
    \4\ The primary and secondary standards were set at the same 
level for both the 24-hour and the annual PM2.5 
standards.
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    On October 17, 2006 (71 FR 61144), EPA retained the annual average 
PM2.5 NAAQS at 15.0 [micro]g/m\3\ but lowered the level of 
the 24-hour PM2.5 NAAQS to 35 [micro]g/m\3\ based on a 3-
year average of the annual 98th percentile values of 24-hour 
concentrations.\5\
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    \5\ Under EPA regulations at 40 CFR part 50, the primary and 
secondary 2006 24-hour PM2.5 NAAQS are attained when the 
annual arithmetic mean concentration, as determined in accordance 
with 40 CFR part 50, appendix N, is less than or equal to 35 
[micro]g/m\3\ at all relevant monitoring sites in the subject area, 
averaged over a 3-year period.
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    On December 14, 2012, EPA promulgated the 2012 PM2.5 
NAAQS, including lowering the annual standard to 12.0 [micro]g/m\3\ 
based on a 3-year average of annual mean PM2.5 
concentrations. EPA maintained the 24-hour standard of 35 [micro]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations.\6\ Allegheny County was designated as nonattainment for 
the 2012 PM2.5 NAAQS.\7\ Since the 2012 PM2.5 
NAAQS designation, monitors within Allegheny County have periodically 
recorded exceedances \8\ of the 24-hour PM2.5 NAAQS. 
According to ACHD, many of these exceedances have occurred during 
lengthy temperature inversions which trap pollutants closer to the 
earth's surface.\9\
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    \6\ December 14, 2012 is the signature date of the action. The 
action was published in the Federal Register on January 15, 2013 
with an effective date of March 18, 2013. See 78 FR 3086.
    \7\ 80 FR 2206 (January 15, 2015) and 80 FR 18535 (April 7, 
2015). For the 1987 p.m.10 NAAQS, a portion of Allegheny 
County was designated as nonattainment. The area has since been 
redesignated to attainment. 68 FR 53515 (September 11, 2003). The 
PM10 area is comprised of the Boroughs of Liberty, 
Lincoln, Port Vue, and Glassport and the City of Clairton in 
Allegheny County, Pennsylvania.
    \8\ An exceedance is determined by an air quality measurement at 
a specific monitor at a specific time. Since the 2012 
PM2.5 NAAQS design value is a three-year average of the 
98th percentile, an exceedance at a monitor does not equal a 
violation.
    \9\ See August 23, 2023 SIP submission which can be found in the 
docket for this proposed rulemaking. Page 7.
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II. Summary of SIP Revision and EPA Analysis

    On August 23, 2023, EPA received from PADEP, a SIP submission that 
pertains to proposed revisions to the Allegheny County portion of the 
Pennsylvania SIP. The 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 August 
2023 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 Episodes, is aimed at 
emission mitigation requirements for industry operating in the portion 
of the county known as the ``Mon Valley'' during weather-related 
pollution episodes.\10\ 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 PM2.5; 
\11\ (2) all sources that have combined allowable emissions from all 
emissions 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.\12\
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    \10\ 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.
    \11\ Definitions of major source and synthetic minor source can 
be found in ACHD Article XXI, section 2101.20, Definitions.
    \12\ 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.\13\ 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. A Mon Valley 
Air Pollution Watch shall be issued by ACHD if ``the air quality 
forecast for at least the next 24-hour period atmospheric conditions 
will exist

[[Page 7657]]

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 [mu]g/m\3\.\14\ Pursuant to section 2106.06(e), each source's 
mitigation plan must include procedures for when a Mon Valley Air 
Pollution Watch is issued. These procedures are to ensure that 
equipment is maintained in good working condition, that equipment is 
operating in a manner consistent with good engineering practice, and 
that the source has sufficient staff and resources available to 
implement the Warning Phase within 24 hours of ACHD's notification to 
the source of a Watch. Sources must also show that they have procedures 
in place for record keeping and reporting to ACHD during the Watch 
period.
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    \13\ According to ACHD, as of October 31, 2023, all currently 
applicable sources have submitted approved mitigation plans.
    \14\ 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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    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. Each source's 
mitigation plan must also contain a Warning Phase section which 
includes measures to reduce PM2.5 and PM10, the 
timeframe for implementing each measure, and an estimate of the 
PM2.5 and PM10 emissions reductions during the 
Mon Valley Air Pollution Warning period.
    Additional subsections within 2106.06 outline the following: (f) a 
submission schedule for the Mitigation Plans; (g) procedures for review 
and the effective date of the Mitigation Plans; (h) details regarding 
ACHD's notification of Mon Valley Air Pollution Episodes; (i) 
termination procedures for Mon Valley Air Pollution Episodes; and (j) 
clarification that this section does not affect ACHD's authority to 
issue an Emergency Order under section 2109.05.
    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. The amendment clarifies that wood burning 
activities should not occur in the Mon Valley Episode Area when a Watch 
or Warning has been issued, with the exception of conducting such 
burning for the commercial preparation of food.
    After review of the August 2023 SIP submission, EPA has determined 
that the changes to Article XXI are overall SIP strengthening. With the 
addition of section 2106.06 and the amendment to section 2105.50, 
Article XXI builds on the protections found under the Federal 
requirements for air pollution emergency episodes found in 40 Code of 
Federal Regulations (CFR) part 51, subpart H. While the regulations in 
40 CFR part 51, subpart H do not address PM2.5 specifically 
and do not identify a significant harm level or priority classification 
levels for PM2.5, EPA has recommended that states only need 
to develop contingency plans for those areas that have monitored and 
recorded 24-hour PM2.5 levels greater than 140.4 [mu]g/
m\3\.\15\ EPA has evaluated PM2.5 regulatory monitoring data 
in the Mon Valley since 2012 and have confirmed that no values greater 
than 140.4 [micro]g/m\3\ have been recorded.
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    \15\ See ``Guidance on SIP Elements Required Under Sections 
110(a)(1) and (2) for the 2006 24-hour Fine Particle 
(PM2.5) National Ambient Air Quality Standards,'' William 
T. Harnett, Director, EPA's Air Quality Policy Division, September 
25, 2009. This document can be found in the docket for this action.
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    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.\16\
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    \16\ 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. Proposed Action

    EPA has determined that the SIP submission requesting EPA to 
incorporate Allegheny County Article XXI section 2106.06 and the 
amended Article XXI section 2105.50 into the Pennsylvania SIP is SIP 
strengthening. The proposed revision will assist ACHD in reducing 
particulate matter air emissions, thereby assisting in the protection 
of public health in Allegheny County. EPA is proposing to approve into 
the SIP the August 23, 2023 ACHD submission, as EPA has determined that 
the addition of Article XXI section 2106.06 and the amendment to 
Article XXI section 2105.50 is SIP strengthening. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Allegheny County Article XXI section 2106.06 and Article XXI 
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).

V. Statutory and Executive Order Reviews

    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 proposed 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);
     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

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     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; and
    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 proposed rulemaking. Due to 
the nature of the proposed action being taken here, this proposed 
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 proposed rulemaking, amending Article XXI section 
2105.50 and adding Article XXI section 2106.06 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, Carbon monoxide, 
Incorporation by reference, Particulate matter, Reporting and 
recordkeeping requirements.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-02215 Filed 2-2-24; 8:45 am]
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