Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 9815 

Nonattainment Fees,’’ amended on 

April 4, 2022, which addresses the CAA 

section 185 fee program requirements. 

The EPA has made, and will continue 

to make, these materials available 

through https://www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve 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 14094 (88 FR 

21879, April 11, 2023); 

• 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. Law 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 

• 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 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. The EPA defines 

environmental justice (EJ) 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.’’ The 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.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 5, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–02770 Filed 2–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R03–OAR–2023–0419; FRL–11736– 

01–R3] 

Redesignation of Portions of 

Westmoreland and Cambria Counties, 

Pennsylvania for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS): 

Notification of Availability and Public 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability and public 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

providing notice of our intent to 

redesignate portions of Westmoreland 

County and Cambria County, 

Pennsylvania, to ‘‘nonattainment’’ for 

the 2010 sulfur dioxide (SO2) national 

ambient air quality standard (NAAQS or 

standard). Westmoreland County is 

currently designated ‘‘attainment/ 

unclassifiable,’’ and Cambria County is 

currently designated ‘‘unclassifiable.’’ 

EPA’s intended redesignation of 

portions of these counties is based on 

modeled violations of the 2010 SO2

NAAQS. If the redesignation to 

nonattainment is finalized, the 

Commonwealth of Pennsylvania would 

be required to undertake certain 

planning requirements to reduce SO2

concentrations within this area, 

including, but not limited to, the 

requirement to submit within 18 months 

of redesignation a revision to the 

Pennsylvania state implementation plan 

(SIP) that provides for attainment of the 

SO2 standard as expeditiously as 

practicable, but no later than five years 

after the date of redesignation to 

nonattainment. 

Notice is hereby given that EPA has 

posted on our public electronic docket 

and internet website the intended 

redesignation for relevant portions of 

Westmoreland and Cambria counties, 

Pennsylvania under the 2010 SO2

NAAQS. The Agency invites the public 

to review and provide input on our 

intended redesignation during the 

comment period specified in the DATES

section. EPA notified the 

Commonwealth of Pennsylvania of our 

intended redesignation action via a 

letter to the Governor on or about 

February 17, 2023, which is included in 

the docket for this notice of availability 

(NOA). 

DATES: Comments must be received on 

or before March 28, 2024. Please refer to 


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the SUPPLEMENTARY INFORMATION section 

for additional information on the 

comment period. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2023–0419 at 

www.regulations.gov or via email to 

gordon.mike@epa.gov. 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 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

action, please 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. 

EPA encourages the public to review 

our letter notifying Pennsylvania of our 

intended redesignation action, and the 

associated area-specific technical 

support information at www.epa.gov/ 

sulfur-dioxide-designations/sulfurdioxide-designations-regulatory-actions 

or in the public docket for this intended 

redesignation at www.regulations.gov 

under Docket ID No. EPA–R03–OAR– 

2023–0419. 

SUPPLEMENTARY INFORMATION: 

The information in this document is 

organized as follows: 

I. Purpose of Action and Instructions for

Submitting Public Comments

II. The 2010 SO2 NAAQS

III. Designations for the 2010 SO2 NAAQS

IV. SO2 Monitoring and Modeling

Considerations

V. Modeled SO2 NAAQS Violations in

Westmoreland and Cambria Counties,

Pennsylvania 

VI. EPA’s Intended Decision To Address

Modeled SO2 NAAQS Violations in

Portions of Westmoreland and Cambria

Counties, Pennsylvania Through

Redesignation

I. Purpose of Action and Instructions

for Submitting Public Comments

The purpose of this NOA is to solicit 

input from interested parties on EPA’s 

notification to the Governor of 

Pennsylvania about our intent and 

rationale for redesignating portions of 

Westmoreland and Cambria counties in 

Pennsylvania to nonattainment for the 

2010 SO2 NAAQS. EPA’s notification 

letter and the supporting technical 

analysis can be found at www.epa.gov/ 

sulfur-dioxide-designations/sulfurdioxide-designations-regulatory-actions, 

as well as in the public docket for this 

redesignation at www.regulations.gov 

under Docket ID No. EPA–R03–OAR– 

2023–0419. 

EPA invites public input regarding 

the redesignation of portions of 

Westmoreland and Cambria counties 

during the 45-day comment period 

provided in this document. To receive 

full consideration, input from the public 

must be submitted to the docket by 

March 28, 2024. This publication and 

opportunity for public comment does 

not affect any rights or obligations of 

any state, or tribe, or of EPA, which 

might otherwise exist pursuant to the 

Clean Air Act (CAA or Act) section 

107(d). 

CAA section 107(d)(3) provides a 

process for air quality redesignations 

that involves recommendations by 

affected states, territories, and tribes to 

EPA and responses from the Agency to 

those parties, prior to EPA promulgating 

final area redesignation decisions. The 

Agency is not required under CAA 

section 107(d)(3) to seek public 

comment during the redesignations 

process, but we are electing to do so for 

these counties with respect to the 2010 

SO2 NAAQS to gather additional 

information for EPA to consider before 

making a final redesignation decision 

for these specific areas. 

A. Submitting CBI

Do not submit CBI information to EPA

through www.regulations.gov or email. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI on a disk or CD–ROM that you 

mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 Code of Federal Regulations (CFR) 

part 2. For additional directions on 

sending or delivering information 

identified as CBI, contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. 

B. Tips for Preparing Your Comments

When submitting comments,

remember to: 

• Identify the rulemaking by docket

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions.

• Explain why you agree or disagree;

suggest alternatives and substitute 

language for your requested changes. 

II. The 2010 SO2 NAAQS

Under section 109 of the CAA, EPA

has established primary and secondary 

NAAQS for certain pervasive air 

pollutants (referred to as ‘‘criteria 

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 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 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. 

EPA revised the primary SO2 NAAQS 

in a final rule published in the Federal 

Register on June 22, 2010 (75 FR 35520), 

codified at 40 CFR 50.17, which became 

effective on August 23, 2010. Based on 

review of the air quality criteria for 

oxides of sulfur and the primary 

NAAQS for oxides of sulfur as measured 

by SO2, EPA revised the primary SO2

NAAQS to provide the requisite 

protection of public health with an 

adequate margin of safety. Specifically, 

EPA established a new 1-hour SO2

standard at a level of 75 parts per billion 

(ppb), which is met at an ambient air 

quality monitoring site (or in the case of 

dispersion modeling, at an ambient air 


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1 75 FR 35520 (June 22, 2010). 

2 Id. 

3 Id. 

4 Id. 

5 78 FR 47191. Effective date October 4, 2013. 

6 83 FR 1098. Effective date April 9, 2018. 

7 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 EPA. 

8A copy of PA DEP’s comments on EPA’s initial 

redesignation TSD and also EPA’s RTC replying to 

these comments, can be found in Docket No. EPA– 

R03–OAR–2023–0419 via www.regulations.gov. 

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 ppb, as determined in 

accordance with appendix T of 40 CFR 

part 50. 40 CFR 50.17(a) and (b). 

Anthropogenic SO2 emissions 

originate chiefly from point sources, 

with fossil fuel combustion at electric 

utilities and other industrial facilities 

accounting for the majority of total 

emissions.1 Current scientific evidence 

links short-term exposures to SO2, 

ranging from five minutes to 24 hours, 

with an array of adverse respiratory 

effects including bronchoconstriction 

and increased asthma symptoms.2 These 

effects are particularly important for 

asthmatics at elevated ventilation rates 

(e.g., while exercising or playing).3

Studies also show a connection between 

short-term exposure and increased visits 

to emergency departments and hospital 

admissions for respiratory illnesses, 

particularly in at-risk populations 

including children, the elderly and 

asthmatics.4

III. Designations for the 2010 SO2

NAAQS 

EPA is required by 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), 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. 

EPA was required to designate areas 

throughout the country for the 2010 SO2

NAAQS by June 3, 2012. 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’’).5 In Round 1, EPA 

designated Indiana County and a 

portion of Armstrong County, 

Pennsylvania as nonattainment 

(hereafter referred to as the ‘‘Indiana 

Area’’). On January 9, 2018,6 in a 

subsequent round of designations 

(Round 3), EPA designated 

Westmoreland County, Pennsylvania as 

attainment/unclassifiable, and Cambria 

County, Pennsylvania 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 (in conjunction with the National 

Parks Conservation Association (NPCA), 

PennFuture, Earthjustice, and Clean Air 

Council (the Council)) submitted a 

modeling analysis which claimed to 

show violations of the SO2 NAAQS 

within portions of Westmoreland and 

Cambria counties due to SO2 emissions 

from sources located within the Indiana 

Area. 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), EPA received 

additional modeling from the Sierra 

Club, and Keystone-Conemaugh 

Projects, LLC (KEY–CON),7 focused on 

the Westmoreland and Cambria areas. 

EPA also conducted its own modeling of 

those areas. Based on review of all 

modeling analyses, EPA has determined 

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 its intent to 

redesignate the relevant portions of 

Westmoreland and Cambria counties as 

nonattainment for the 2010 SO2

NAAQS, consistent with CAA section 

107(d)(3)(A). On June 22, 2023, Acting 

Secretary for the Pennsylvania 

Department of Environmental Protection 

(PA DEP), Richard Negrin, responded to 

EPA’s letter but did not specify whether 

the Commonwealth agreed or disagreed 

with EPA’s determination to redesignate 

portions of Westmoreland and Cambria 

counties as nonattainment for the 2010 

SO2 NAAQS. Instead, Pennsylvania’s 

response included several comments 

questioning certain aspects of the 

Technical Support Document (TSD) that 

EPA had developed and submitted to 

PA DEP with the February 17, 2023 

redesignation letter. EPA has responded 

to the Commonwealth’s comments in a 

response to comments (RTC) document 

which is in the docket for this 

document.8

IV. 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. 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 EPA’s 

document titled, ‘‘SO2 NAAQS 

Designations Modeling Technical 

Assistance Document’’ (Modeling TAD). 

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. 

Ambient SO2 monitoring data are 

collected by state, local, and tribal 

monitoring agencies (‘‘monitoring 

agencies’’) in accordance with the 

monitoring requirements contained in 

40 CFR parts 50, 53, and 58. A 

monitoring network is generally 

designed to measure, report, and 

provide related information on air 

quality data as described in 40 CFR part 

58. To ensure that the data from the 

network is accurate and reliable, the 

monitors in the network must meet a 

number of requirements, including the 

use of monitoring methods that EPA has 

approved as Federal Reference Methods 

(FRMs) or Federal Equivalent Methods 

(FEMs), focusing on particular 

monitoring objectives, and following 

specific siting criteria, data reporting, 

quality assurance and data handling 

rules or procedures. 

At present, except for SO2 monitoring 

required at National Core Monitoring 

Stations (Ncore stations), there are no 

minimum monitoring requirements for 

SO2 in 40 CFR part 58 appendix D, other 

than a requirement for EPA Regional 

Administrator approval before removing 

any existing monitors and a requirement 

that any ongoing SO2 monitoring must 

have at least one monitor sited to 

measure the maximum concentration of 

SO2 in that area. 

In addition to using any valid data 

generated by existing monitors, refined 

dispersion modeling may inform 

NAAQS designation and 


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9A CEV is the maximum modeled emission rate 

that results in attainment. 

10EPA considers 196.4 ug/m3 equivalent to 75 

ppb (based on the 2010 SO2 NAAQS). 

11Sierra Club, et. al. v. EPA, Case No. 20–3568 

(3rd Cir.). 

12 KEYCON emailed the modeling files to EPA on 

April 20, 2022. 

13See, ‘‘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 

implementation decisions regarding 

sources that may have the potential to 

cause or contribute to a NAAQS 

violation. For a short-term 1-hour 

standard, dispersion modeling of 

stationary sources can be more 

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. 

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. 

V. Modeled SO2 NAAQS Violations in 

Westmoreland and Cambria Counties, 

Pennsylvania 

Effective on October 4, 2013, the 

Indiana Area (which encompasses 

Indiana County, as well as Plumcreek 

Township, South Bend Township and 

Eldertown Borough of Armstrong 

County) was designated as 

nonattainment for the 2010 SO2

NAAQS. The Indiana Area includes 

Keystone, Conemaugh, Homer City, and 

Seward electric generating units (EGUs), 

all primary SO2 emitting sources. 

On October 11, 2017, PA DEP 

submitted to EPA an attainment SIP for 

the Indiana Area which the Agency 

proposed approval of on July 13, 2018 

(83 FR 32606). During the public 

comment period for the proposed 

approval of the attainment SIP, the 

Sierra Club (in conjunction with the 

NPCA, PennFuture, Earthjustice, and 

the Council) submitted a modeling 

analysis using actual emissions and the 

critical emission values (CEVs) 9 for 

Conemaugh and Seward which claimed 

to show violations of the SO2 NAAQS 

outside of the Indiana Area, beyond the 

eastern border of Indiana County, 

within nearby portions of Westmoreland 

and Cambria counties. The modeling 

used the same meteorological data, stack 

parameters, background concentrations 

and building downwash as 

Pennsylvania’s attainment SIP for the 

Indiana Area. The Sierra Club modeling 

used emission inputs of actual historical 

emissions (2013–2018 quarter 1) and a 

finer receptor grid that included 

receptors outside Indiana County. When 

modeling 2015–2017 emissions, the 

resulting design value was 293.4 

micrograms per cubic meter (ug/m3), 

and when modeling 2013–2017 

emissions, the resulting design value 

was 267.2 ug/m3.10

EPA issued a final approval of 

Pennsylvania’s attainment plan for the 

Indiana Area on October 19, 2020 (85 

FR 66240). On December 18, 2020, the 

Sierra Club, Clean Air Council, and 

PennFuture filed a petition for judicial 

review with the U.S. Court of Appeals 

for the Third Circuit, challenging EPA’s 

final approval of the Indiana Area’s 

attainment plan.11 On April 5, 2021, 

EPA filed a motion for voluntary 

remand without vacatur of its approval 

of the Indiana Area attainment plan in 

order to reconsider its approval of the 

attainment plan. 

On August 17, 2021, the U.S. Court of 

Appeals for the Third Circuit granted 

EPA’s request for remand without 

vacatur of the final approval of 

Pennsylvania’s 2010 SO2 NAAQS 

attainment plan for the Indiana Area, 

requiring that the Agency take final 

action in response to the remand no 

later than one year from the date of the 

court’s order (i.e., by August 18, 2022). 

After reconsideration, on March 17, 

2022, EPA proposed partial disapproval 

and partial approval of the Indiana Area 

attainment plan (87 FR 15166). During 

the public comment period, EPA 

received air quality modeling (including 

modeling files) from the Sierra Club (in 

conjunction with the NPCA, 

PennFuture, Earthjustice, and the 

Council) using updated emissions data 

claiming to show modeled NAAQS 

violations in Westmoreland and 

Cambria counties due to SO2 emissions 

from the Conemaugh and Seward 

sources located in Indiana County. EPA 

also received an air quality modeling 

report from KEYCON which used 

updated emissions from Conemaugh 

and Seward but did not show modeled 

NAAQS violations in Westmoreland 

and Cambria counties.12

EPA then conducted its own 

modeling analysis, discussed in detail 

in the TSD located in the docket for this 

document. Based on review of all 

modeling analyses, EPA determined that 

there are modeled SO2 NAAQS 

violations outside of the existing 

Indiana Area, in Westmoreland and 

Cambria counties. 

VI. EPA’s Intended Decision To 

Address Modeled SO2 NAAQS 

Violations in Portions of Westmoreland 

and Cambria Counties, Pennsylvania 

Through Redesignation 

The CAA provides EPA with the 

authority to revise designations of, or 

‘‘redesignate,’’ areas under CAA section 

107(d)(3). Such redesignations can 

originate as requests by states (per CAA 

section 107(d)(3)(D)), and EPA can also 

notify a state at any time that a 

designation of any area or portion of an 

area should be revised, on the basis of 

air quality data, planning and control 

considerations, or any other air qualityrelated considerations the EPA 

Administrator deems appropriate. CAA 

section 107(d)(3)(A) further states that, 

‘‘[i]n issuing such notification, which 

shall be public, to the Governor, the 

Administrator shall provide such 

information as the Administrator may 

have available explaining the basis for 

the notice.’’ The Act then requires the 

Governor to submit to EPA such 

redesignation, if any, as the Governor 

deems appropriate (CAA section 

107(d)(3)(B)). CAA section 107(d)(3)(C) 

states that ‘‘the Administrator shall 

promulgate the redesignation, if any, of 

the area or portion thereof, submitted by 

the Governor in accordance with [CAA 

section 107(d)(3)(B)], making such 

modifications as the Administrator may 

deem necessary . . . . If the Governor 

does not submit, in accordance with 

[CAA section 107(d)(3)(B)], a 

redesignation for an area (or portion 

thereof) identified by the Administrator 

under [CAA section 107(d)(3)(A)], the 

Administrator shall promulgate such 

redesignation, if any, that the 

Administrator deems appropriate.’’ 

As noted, CAA section 107(d)(3)(A) 

provides EPA latitude to consider a 

broad range of information in 

considering whether a designation 

should be revised. In consideration of 

‘‘air quality data, planning and control 

considerations, or any other air qualityrelated considerations the EPA 

Administrator deems appropriate,’’ EPA 

has taken note of the analytical 

guidance that it has previously used in 

issuing initial area designations under 

CAA section 107(d)(1). 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, Office of Air Quality Planning 

and Standards, to Regional Air Division 

Directors, U.S. EPA Regions 1–10.13


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Tsirigotis, dated September 5, 2019, available at 

www.epa.gov/sites/default/files/2019-09/ 

documents/round_4_so2_designations_memo_09- 

05-2019_final.pdf. 

14A copy of PA DEP’s comments on EPA’s initial 

redesignation TSD and also EPA’s RTC replying to 

these comments, can be found in Docket No. EPA– 

R03–OAR–2023–0419 via www.regulations.gov. 

This memorandum supplements, where 

necessary, prior designations guidance 

documents on area designations for the 

2010 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 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. 

Available modeling indicates that 

portions of Westmoreland and Cambria 

counties are violating the 2010 1-hour 

SO2 NAAQS. EPA’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. EPA’s 

intended 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. A 

map showing the boundaries of our 

intended nonattainment area for 

Westmoreland and Cambria counties is 

included in the TSD. 

With respect to area boundaries, 

EPA’s modeling shows that the sources 

of this nonattainment are SO2 emissions 

from the Conemaugh and Seward 

plants, which are located in the existing 

Indiana, Pennsylvania nonattainment 

area. The attainment plan for the 

Indiana Area was partially disapproved 

and partially approved. This initiated a 

sanctions clock under CAA section 179, 

providing for emission offset sanctions 

for new sources unless Pennsylvania 

submits, and EPA fully approves, a 

revised attainment SIP for the Indiana 

Area within 18 months after the 

Agency’s final partial disapproval, and 

providing for highway funding 

sanctions if EPA has not fully approved 

a revised plan within six months 

thereafter. Due to this unique situation 

and the already determined attainment 

planning schedule for the Indiana Area, 

EPA has decided not to add the 

proposed Westmoreland and Cambria 

nonattainment area into the existing 

Indiana Area. EPA maintains that under 

the circumstances presented here, a new 

nonattainment area that does not 

include the contributing sources is not 

an impediment to the Commonwealth’s 

ability to impose new emission limits 

on the sources contributing to the air 

quality violations in the nonattainment 

area. In any future attainment plan 

submitted for this new area, 

Pennsylvania will need to demonstrate 

that any future emissions or new 

emission limits for Seward and 

Conemaugh are sufficient to provide for 

NAAQS attainment in both areas as a 

result of this redesignation. A 

discussion of the intended boundaries 

for the Westmoreland and Cambria 

nonattainment area is located in the 

TSD associated with this redesignation 

document. The TSD can be found at 

www.regulations.gov in Docket ID No. 

EPA–R03–OAR–2023–0419. Based on 

this information, EPA notified the 

Governor of Pennsylvania, in a letter 

dated February 17, 2023, of EPA’s 

intention to redesignate portions of 

Westmoreland and Cambria counties to 

nonattainment. On June 22, 2023, 

Acting Secretary for the PA DEP, 

Richard Negrin, responded to EPA’s 

letter but did not specify whether it 

agreed or disagreed with EPA’s 

determination to redesignate portions of 

Westmoreland and Cambria counties as 

nonattainment for the 2010 SO2

NAAQS. Instead, Pennsylvania’s 

response included several comments 

questioning certain aspects of the TSD 

that EPA had developed and submitted 

to PA DEP with the February 17, 2023 

redesignation letter. EPA has responded 

to the Commonwealth’s comments in a 

RTC document which is in the docket 

for this action.14

Through this action, EPA is providing 

notice of our intent to redesignate 

portions of Westmoreland and Cambria 

counties to nonattainment for the 2010 

SO2 NAAQS. The Agency is voluntarily 

taking public comment on the intended 

redesignation, TSD, and our response to 

PA DEP’s June 27, 2023 comments. 

Public comment information is located 

in section I of this document. Per CAA 

section 107(d)(3)(C), EPA intends to 

promulgate a redesignation, if any, after 

considering any further information 

obtained during the comment period. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2024–02834 Filed 2–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 240129–0026] 

RIN 0648–BM78 

Fisheries of the Northeastern United 

States; Framework Adjustment 38 to 

the Atlantic Sea Scallop Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to approve 

and implement Framework Adjustment 

38 to the Atlantic Sea Scallop Fishery 

Management Plan (FMP) that establishes 

scallop specifications and other 

management measures for fishing years 

2024 and 2025. Framework 38 would 

implement measures to protect small 

scallops to support rotational access 

area trips to the fleet in future years. 

This action would also revise regulatory 

text that is unnecessary, outdated, or 

unclear. This action is necessary to 

prevent overfishing and improve both 

yield-per-recruit and the overall 

management of the Atlantic sea scallop 

resource. 

DATES: Comments must be received by 

February 27, 2024. 

ADDRESSES: The New England Fishery 

Management Council (Council) has 

prepared a draft environmental 

assessment (EA) for this action that 

describes the proposed measures in 

Framework 38 and other considered 

alternatives and analyzes the impacts of 

the proposed measures and alternatives. 

The Council submitted a draft of 

Framework 38 to NMFS that includes 

the draft EA, a description of the 

Council’s preferred alternatives, the 

Council’s rationale for selecting each 

alternative, and an Initial Regulatory 

Flexibility Analysis (IRFA). Copies of 

the draft of Framework 38, the draft EA, 

the IRFA, and information on the 

economic impacts of this proposed 

rulemaking are available upon request 

from Dr. Cate O’Keefe, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Newburyport, MA 01950 and accessible 

via the internet in documents available 

at: https://www.nefmc.org/library/ 

scallop-framework-38. 

You may submit comments on this 

document, identified by NOAA–NMFS– 


khammond on DSKJM1Z7X2PROD with PROPOSALS