[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23523-23526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06940]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2023-0565; FRL-11415-02-R3]


Air Plan Approval; Pennsylvania; Allegheny County Open Burning 
Revision and Addition of Mon Valley Air Pollution Episode Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Pennsylvania 
Department of Environmental Protection (PADEP) on behalf of the 
Allegheny County Health Department (ACHD). The revision incorporates 
into the Pennsylvania SIP, particulate matter emission mitigation 
requirements for industry operating in the portion of Allegheny County 
known as the ``Mon Valley'' during weather-related pollution episodes. 
It also amends a portion of Allegheny County's open burning regulation, 
which was previously incorporated into Pennsylvania's SIP. EPA is 
approving this revision to the Allegheny County portion of the 
Pennsylvania SIP in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: This final rule is effective on May 6, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2023-0565. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1600 John F Kennedy 
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is 
(215) 814-5787. Ms. Schmitt can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA received a SIP submission from PADEP on August 23, 2023, which 
EPA subsequently proposed approval of on February 5, 2024 (89 FR 7655). 
In EPA's notice of proposed rulemaking (NPRM), EPA proposed to approve 
changes to ACHD Air Pollution Control Rules and Regulations in Article 
XXI. This SIP revision includes amendments to section 2105.50 regarding 
open burning, and adds new section 2106.06, which focuses on mitigating 
particulate matter air pollution episodes in the Mon Valley.

II. Summary of SIP Revision and EPA Analysis

    PADEP's August 2023 SIP submission seeks to incorporate into 
Pennsylvania's SIP a new section (2106.06, Mon Valley Air Pollution 
Episode) to Allegheny County Article XXI, which focuses on mitigating 
particulate matter air pollution episodes in the Mon Valley. The SIP 
submission also seeks to incorporate into the Pennsylvania SIP related 
changes to Article XXI, section 2105.50, Open Burning.
    Article XXI, section 2106.06, Mon Valley Air Episode, is aimed at 
emission mitigation requirements for industry operating in the portion 
of the county known as the ``Mon Valley'' during

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weather-related pollution episodes.\1\ Section 2106.06 applies to the 
following sources located within the prescribed Mon Valley Pollution 
Episode Area: (1) all major and synthetic minor sources of fine 
particulate matter (PM2.5); \2\ (2) all sources that have 
combined allowable emissions from all emission units of 6.5 tons or 
more per year of PM2.5; and (3) all sources that have 
combined allowable emissions from all emission units of 10 tons per 
year of PM10.\3\
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    \1\ Section 2106.06(d) defines the Mon Valley Air Pollution 
Episode Area as including the following municipalities: City of 
Clairton, City of Duquesne, City of McKeesport, Borough of Braddock, 
Borough of Braddock Hills, Borough of Chalfant, Borough of 
Dravosburg, Borough of East McKeesport, Borough of East Pittsburgh, 
Borough of Elizabeth, Borough of Forest Hills, Borough of Glassport, 
Borough of Jefferson Hills, Borough of Liberty, Borough of Lincoln, 
Borough of Munhall, Borough of North Braddock, Borough of Port Vue, 
Borough of Rankin, Borough of Swissvale, Borough of Turtle Creek, 
Borough of Versailles, Borough of Wall, Borough of West Elizabeth, 
Borough of West Mifflin, Borough of White Oak, Borough of 
Wilmerding, Borough of Whitaker, Elizabeth Township, Forward 
Township, North Versailles Township, and Wilkins Township. See the 
technical support document (TSD) portion of Pennsylvania's August 
23, 2023 Mon Valley Air Pollution Episode SIP submission, section 
2.2 Extent of Area, to learn more about how ACHD determined the area 
of focus within Allegheny County. The SIP submission and 
incorporated TSD are located in the docket for this proposed 
rulemaking.
    \2\ Definitions of major source and synthetic minor source can 
be found in ACHD Article XXI, section 2101.20, Definitions.
    \3\ ACHD completed an analysis of the composition of 
PM2.5 in the Mon Valley to determine which sources should 
be applicable to section 2106.06. It was determined that the 
majority of excess PM2.5 in the Mon Valley is primary in 
nature and caused by point source emissions from within the area. 
For additional information, see sections 2.3 and 2.4 of ACHD's TSD 
which is located in the docket for this proposed rulemaking.
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    Section 2106.06 requires applicable sources to submit a mitigation 
plan to reduce particulate matter emissions for review and approval by 
ACHD.\4\ Each applicable source's mitigation plan must include a Mon 
Valley Air Pollution Watch Phase and a Mon Valley Air Pollution Warning 
Phase, that the source must be prepared for and follow. Each source's 
mitigation plan must include procedures for when a Mon Valley Air 
Pollution Watch or Warning is issued. A Mon Valley Air Pollution Watch 
shall be issued by ACHD if it is ``determined from an air quality 
forecast that for at least the next 24-hour period atmospheric 
conditions will exist which indicate that the 24-hour average ambient 
concentration of PM2.5 in one or more of the [Mon Valley] 
municipalities . . . is forecasted to exceed'' the value of the 24-hour 
PM2.5 NAAQS of 35 micrograms per cubic meter ([micro]g/
m\3\).\5\ ACHD shall issue a Mon Valley Air Pollution Warning if during 
a rolling 24-hour averaging period, an official monitoring station in 
an applicable municipality exceeds the Mon Valley PM2.5 
threshold, 35 [micro]g/m\3\, and ACHD has determined that atmospheric 
conditions will continue for the next 24-hour period.
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    \4\ According to ACHD, as of October 31, 2023, all currently 
applicable sources have submitted approved mitigation plans.
    \5\ Article XXI section 2106.06(c). Article XXI section 2106.06 
provides that the ``Mon Valley PM2.5 threshold level'' 
for purposes of defining a Watch and Warning is the value of the 
primary 24-hour PM2.5 NAAQS.
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    To support the reduction of particulate matter pollution during a 
Mon Valley Air Pollution Watch or Warning, ACHD is also requesting that 
EPA incorporate into the SIP ACHD's amendment to Article XXI, section 
2105.50, Open Burning, which was previously approved into the 
Commonwealth's SIP.
    Other specific requirements of Allegheny County Article XXI section 
2106.06 and 2105.50 and the rationale for EPA's action are explained in 
the NPRM, and will not be restated here.
    After review of the August 2023 SIP submission, EPA has determined 
that the changes to Article XXI are overall SIP strengthening. By 
incorporating Allegheny County Article XXI section 2106.06 into the 
Pennsylvania SIP, ACHD adds an additional measure by which the county 
can help control particulate matter emissions in the Mon Valley, with a 
relatively quick turn-around time. The amendment to section 2105.50 
further supports this measure. This revision will support ACHD's 
efforts to reduce air pollution emissions in order to minimize the 
impact on public health.\6\
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    \6\ Nothing contained in Article XXI section 2106.06 shall 
impact ACHD's power to issue an Emergency Order pursuant to section 
2019.05 of the same Article.
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III. EPA's Response to Comments Received

    The public comment period for the NPRM ended on March 6, 2024, and 
no adverse comments were received. EPA received one comment, which we 
consider to be vague and non-adverse.

IV. Final Action

    For the reasons discussed in detail in the proposed rulemaking and 
summarized herein, EPA is approving PADEP's August 23, 2023 SIP 
submission as a revision to the Allegheny County portion of the 
Pennsylvania SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Allegheny 
County Article XXI section 2106.06 and section 2105.50, as described in 
section II of this preamble. EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and at 
the EPA Region III Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\7\
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    \7\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 23525]]

     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act;

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 3, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action amending Allegheny County XXI section 2105.50 
regarding open burning, and adding new section 2106.06 may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

D. Environmental Justice

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (E.J.) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    ACHD did not evaluate environmental justice considerations as part 
of its SIP submission; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this final rulemaking. Due to 
the nature of the action being taken here, this rulemaking is expected 
to have a neutral to positive impact on the air quality of the affected 
area. Consideration of EJ is not required as part of this action, and 
there is no information in the record inconsistent with the stated goal 
of E.O. 12898 of achieving environmental justice for people of color, 
low-income populations, and Indigenous peoples.
    In addition, this final rulemaking amending Allegheny County 
Article XXI section 2105.50 and adding section 2106.06 of Allegheny 
County Article XXI to Pennsylvania's SIP, does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the Commonwealth, and EPA notes that it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

Adam Ortiz,
Regional Administrator, Region III.
    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by 
revising the entry ``Open Burning'' and by adding the entry ``Mon 
Valley Air Pollution Episode.''


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

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                                                    State
    Article XX or XXI         Title/subject       effective     EPA approval date      Additional explanation/
        citation                                     date                              Sec.   52.2063 citation
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                                                  * * * * * * *
2105.50.................  Open Burning.........   11/25/2021  4/4/2024, [insert
                                                               Federal Register
                                                               citation].
 
                                                  * * * * * * *
2106.06.................  Mon Valley Air          11/25/2021  4/4/2024, [insert
                           Pollution Episode.                  Federal Register
                                                               citation].
 
                                                  * * * * * * *
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[FR Doc. 2024-06940 Filed 4-3-24; 8:45 am]
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