[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
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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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