101910 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 

WISCONSIN—2015 8-HOUR OZONE NAAQS—Continued 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Inclusive and east of the following roadways 

with the boundary starting from north to 

south: Union Road which turns into County 

Road Y which turns into Highland Drive, to 

Lower Road which turns into Monroe Street, 

to Broadway/Main Street to Highway 32 

which turns into Giddings Avenue to County 

Road W to County Road KW. 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

5EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, 

but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, 

the associated implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless 

of this later designation date. 

* * * * * 

[FR Doc. 2024–29137 Filed 12–16–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R03–OAR–2023–0419; FRL–11736– 

02–R3] 

Redesignation of Portions of 

Westmoreland and Cambria Counties, 

Pennsylvania for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (the EPA or the Agency) is 

finalizing the redesignation of portions 

of Cambria County and Westmoreland 

County, Pennsylvania, to 

‘‘nonattainment’’ for the 2010 1-hour 

primary sulfur dioxide (SO2) national 

ambient air quality standard (NAAQS or 

standard). Westmoreland County was 

previously designated ‘‘attainment/ 

unclassifiable,’’ and Cambria County 

was designated ‘‘unclassifiable.’’ The 

EPA notified the Commonwealth of 

Pennsylvania of its intended 

redesignation of portions of Cambria 

and Westmoreland counties on February 

17, 2023, and published a Notice of 

Availability (NOA) for this action on 

February 12, 2024. The EPA’s 

redesignation of portions of these 

counties is based on modeled violations 

of the 2010 1-hour primary SO2

NAAQS. 

DATES: This final rule is effective on 

January 16, 2025. 

ADDRESSES: The EPA has established a 

docket for this redesignation under 

Docket ID Number EPA–R03–OAR– 

2023–0419. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov, 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

availability information. 

The EPA has established a website for 

the designations for the 2010 SO2

NAAQS at www.epa.gov/sulfur-dioxidedesignations/sulfurdioxidedesignations-regulatory-actions. This 

final redesignation action, associated 

technical support documents, and other 

related information will be added to this 

website. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F. Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–5787. Ms. Schmitt 

can also be reached via electronic mail 

at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the EPA’s 

Final Action 

The EPA is required by Clean Air Act 

(CAA) section 107(d) to designate all 

areas throughout the nation as attaining 

or not attaining the NAAQS within two 

years of the promulgation of any new or 

revised NAAQS. Pursuant to CAA 

section 107(d), the EPA must designate 

as ‘‘nonattainment’’ those areas that 

violate the NAAQS and those nearby 

areas that contribute to violations. Once 

an area has been designated, the EPA 

Administrator, under CAA section 

107(d)(3), may at any time notify a state 

that a designation should be revised. 

Under section 109 of the CAA, the 

EPA has established primary and 

secondary NAAQS for certain pervasive 

air pollutants and conducts periodic 

reviews of the NAAQS to determine 

whether they should be revised or 

whether new NAAQS should be 

established. The primary NAAQS 

represent ambient air quality standards, 

the attainment and maintenance of 

which the EPA has determined, 

including a margin of safety, are 

requisite to protect the public health. 

The secondary NAAQS represent 

ambient air quality standards, the 

attainment and maintenance of which 

the EPA has determined are requisite to 

protect the public welfare from any 

known or anticipated adverse effects 

associated with the presence of such air 

pollutant in the ambient air. 

On June 22, 2010 (75 FR 35520), the 

EPA finalized the revision of the 1-hour 

primary SO2 NAAQS, codified at 40 

Code of Federal Regulations (CFR) 

50.17, which became effective on 

August 23, 2010 (hereafter referred to as 

the 2010 SO2 NAAQS). The 2010 SO2

NAAQS is met at an ambient air quality 


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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 101911 

1 78 FR 47191. Effective date October 4, 2013. 

2 83 FR 1098. Effective date April 9, 2018. 

3Explained further in the NOA associated with 

this redesignation. See 89 FR 9817 (February 12, 

2024). 

4 KEY–CON, licensee for the Keystone Generating 

Station located in Armstrong County and the 

Conemaugh Generating station located in Indiana 

County, provided modeling to support its 

comments rebutting modeling and views presented 

by the Sierra Club and the EPA. 

5Located in the public docket for this 

redesignation at www.regulations.gov under Docket 

ID No. EPA–R03–OAR–2023–0419. 6A copy of PA DEP’s comments on the EPA’s 

intended redesignation TSD and also the EPA’s RTC 

replying to these comments, can be found in Docket 

No. EPA–R03–OAR–2023–0419 via 

www.regulations.gov. 

7A copy is located in the docket via 

www.regulations.gov, Docket ID No. EPA–R03– 

OAR–2023–0419. 8 Docket ID No. EPA–HQ–OAR–2023–0419 at 

www.regulations.gov. 

monitoring site (or in the case of 

dispersion modeling, at an ambient air 

quality receptor location) when the 3- 

year average of the annual 99th 

percentile of daily maximum 1-hour 

average concentrations is less than or 

equal to 75 parts per billion (ppb), as 

determined in accordance with 

appendix T of 40 CFR part 50. 40 CFR 

50.17(a) and (b). 

The EPA was required to designate 

areas throughout the country for the 

2010 SO2 NAAQS by June 3, 2012. The 

EPA invoked a 1-year extension of the 

deadline to designate areas for the 2010 

SO2 NAAQS, as provided for under 

CAA section 107, after which the 

Agency completed an initial round of 

SO2 designations for certain areas of the 

country on August 5, 2013 (referred to 

as ‘‘Round 1’’).1 In Round 1, the EPA 

designated Indiana County, 

Pennsylvania and a portion of 

Armstrong County, Pennsylvania as 

nonattainment (hereafter referred 

collectively as the ‘‘Indiana Area’’). On 

January 9, 2018,2 in a subsequent round 

of designations for the 2010 SO2

NAAQS, Westmoreland County, 

Pennsylvania was designated as 

attainment/unclassifiable, and Cambria 

County, Pennsylvania was designated as 

unclassifiable. 

In 2018, during the public comment 

period for the proposed approval of the 

SO2 attainment SIP for the Indiana Area 

(83 FR 32606, July 13, 2018), the Sierra 

Club submitted a modeling analysis 

which claimed to also show violations 

of the SO2 NAAQS within portions of 

Westmoreland and Cambria counties 

due to SO2 emissions from sources 

located within the Indiana Area.3 In 

2022, during the public comment period 

for the proposed partial disapproval and 

partial approval of the Indiana Area’s 

attainment SIP (87 FR 15166, March 17, 

2022), the EPA received additional 

dispersion modeling from the Sierra 

Club, and from Keystone-Conemaugh 

Projects, LLC (KEY–CON),4 focused on 

the Westmoreland and Cambria areas. 

The EPA also conducted its own 

modeling of those areas. Based on 

review of all modeling analyses, the 

EPA made the determination that there 

are modeled SO2 NAAQS violations 

outside of the existing Indiana Area, in 

portions of Westmoreland and Cambria 

counties, and accordingly notified the 

Governor of Pennsylvania in a letter 

dated February 17, 2023, of our intent 

to redesignate portions of Westmoreland 

and Cambria counties as nonattainment 

for the 2010 1-hour primary SO2

NAAQS, consistent with CAA section 

107(d)(3)(A).5 On June 22, 2023, Acting 

Secretary for the Pennsylvania 

Department of Environmental Protection 

(PA DEP), Richard Negrin, responded to 

the EPA’s letter but did not specify 

whether the Commonwealth agreed or 

disagreed with the EPA’s determination 

to redesignate portions of Westmoreland 

and Cambria counties as nonattainment 

for the 2010 1-hour primary SO2

NAAQS. Instead, Pennsylvania’s 

response included several comments 

questioning certain aspects of the 

Technical Support Document (TSD) that 

the EPA had developed and submitted 

to PA DEP with the February 17, 2023 

redesignation letter. The EPA responded 

to the Commonwealth’s comments in a 

January 2024 response to comments 

(RTC) document, which is in the docket 

associated with this action.6

The EPA is not required under CAA 

section 107(d)(3) to seek public 

comment during the redesignations 

process, but we elected to do so for this 

area to provide the public with an 

opportunity to give input for the EPA’s 

consideration before promulgating any 

final redesignation. The EPA published 

a NOA for this action in the Federal 

Register on February 12, 2024 (89 FR 

9815). Upon publication of the NOA in 

the Federal Register, a 45-day public 

comment period began. This comment 

period closed on March 28, 2024, and 

yielded comments from seven 

commenters. A copy of the EPA’s 

responses to the comments received 

from the public is also located in the 

docket for this action. 

II. EPA’s Redesignation Decision and 

Supporting Air Quality Information 

A. SO2 Monitoring and Modeling 

Considerations 

The 1-hour primary SO2 standard is 

violated at an ambient air quality 

monitoring site (or in the case of 

dispersion modeling, at an ambient air 

quality receptor location) when the 3- 

year average of the annual 99th 

percentile of the daily maximum 1-hour 

average concentrations exceeds 75 ppb, 

as determined in accordance with 

appendix T of 40 CFR part 50. The EPA 

also believes that in certain cases, 

including when SO2 monitors are 

lacking, air dispersion modeling is an 

appropriate tool to determine whether 

an area is in attainment, as discussed in 

the EPA’s document titled, ‘‘SO2

NAAQS Designations Modeling 

Technical Assistance Document’’ 

(Modeling TAD).7 The Modeling TAD 

provides nonbinding recommendations 

on how to appropriately and sufficiently 

model ambient air in proximity to an 

SO2 emission source to establish air 

quality data for comparison to the 2010 

primary SO2 NAAQS for the purposes of 

designations. For a short-term 1-hour 

standard, dispersion modeling of 

stationary sources can be the most 

technically appropriate, efficient, and 

effective because it accounts for fairly 

infrequent combinations of 

meteorological and source operating 

conditions that can contribute to peak 

ground-level concentrations of SO2. The 

EPA’s Guideline on Air Quality Models, 

found at appendix W to 40 CFR part 51, 

provides recommendations on modeling 

techniques and guidance for estimating 

pollutant concentrations to assess 

control strategies and determine 

emission limits. 

B. The Basis of Redesignating Portions 

of Cambria and Westmoreland Counties, 

Pennsylvania to Nonattainment for the 

2010 SO2 NAAQS 

Information and data providing the 

basis for this action are provided in a 

designations TSD included in the 

docket for this action 8 and can also be 

found online at www.epa.gov/sulfurdioxide-designations/sulfur-dioxidedesignations-regulatory-actions. 

Additionally, other relevant documents 

and files regarding this SO2

redesignation, including PA DEP’s 

comments on the EPA’s TSD, the EPA’s 

RTC replying to these comments, and 

public comments are available for 

review in the public docket for this 

action. The information can also be 

reviewed online at www.epa.gov/sulfurdioxide-designations/sulfur-dioxidedesignations-regulatory-actions. 

C. Factors Considered in Determining 

Nonattainment Area Boundary 

The EPA has issued multiple 

guidance documents for performing SO2

designations, the most recent of which 

is a September 5, 2019 guidance from 

Peter Tsirigotis, Director, U.S. EPA, 


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101912 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 

9 ‘‘Area Designations for the 2010 Primary Sulfur 

Dioxide National Ambient Air Quality Standard— 

Round 4,’’ memorandum to Regional Air Division 

Directors, Regions 1–10, from Peter Tsirigotis, dated 

September 5, 2019, available at: www.epa.gov/sites/ 

production/files/2019–09/documents/round_4_so2_

designations_memo_09–05–2019_final.pdf. 

10The remaining portions of Cambria County and 

Westmoreland County will retain the current 

designations. 

11The final boundaries are the same as the EPA’s 

initial intended boundaries. 

Office of Air Quality Planning and 

Standards, to Regional Air Division 

Directors, U.S. EPA Regions 1–10.9 This 

memorandum supplements, where 

necessary, prior designations guidance 

documents on area designations for the 

2010 1-hour primary SO2 NAAQS 

issued on March 24, 2011, March 20, 

2015, and July 22, 2016. The September 

2019 memorandum identifies evaluation 

factors in determining whether areas are 

in violation of the 2010 SO2 NAAQS 

and factors that the EPA intends to 

assess in determining the boundaries for 

such areas. These factors include: (1) air 

quality characterization via ambient 

monitoring or dispersion modeling 

results; (2) emissions-related data; (3) 

meteorology; (4) geography and 

topography; and (5) jurisdictional 

boundaries. 

The EPA’s modeling indicates that 

portions of Westmoreland and Cambria 

counties are violating the 2010 1-hour 

SO2 NAAQS, and the Agency’s detailed 

evaluation of the modeled violations, 

contributing sources, and intended area 

boundaries based on the weight of 

evidence of the previously identified 

factors are included in the TSD, which 

is located in the docket for this action. 

The EPA’s boundaries of the relevant 

area encompass Lower Yoder Township 

in Cambria County, Pennsylvania and 

St. Clair Township, Seward Borough, 

and New Florence Borough in 

Westmoreland County, Pennsylvania.10

A map showing these boundaries is 

included in the final TSD.11

The purpose of this final action is to 

announce and promulgate EPA’s area 

redesignation of a portion of 

Westmoreland County, Pennsylvania 

from attainment/unclassifiable to 

nonattainment and a portion of Cambria 

County, Pennsylvania from 

unclassifiable to nonattainment for the 

2010 1-hour primary SO2 NAAQS, 

creating a new area called the ‘‘CambriaWestmoreland Area.’’ 

The issuance of this final 

redesignation will require the 

Commonwealth of Pennsylvania to 

undertake certain planning 

requirements to reduce SO2

concentrations within this newly 

redesignated nonattainment area, 

including, but not limited to, the 

requirement to submit within 18 months 

of redesignation, a revision to the 

Pennsylvania SIP that provides for 

attainment of the 2010 1-hour primary 

SO2 NAAQS as expeditiously as 

practicable, but no later than five years 

after the effective date of redesignation 

to nonattainment. 

III. Environmental Justice Concerns 

When the EPA establishes a new or 

revised NAAQS, the CAA requires the 

EPA to designate all areas of the U.S. as 

either nonattainment, attainment, or 

unclassifiable. This action addresses 

designation determinations for certain 

areas for the 2010 SO2 NAAQS. Area 

designations address environmental 

justice concerns by ensuring that the 

public is properly informed about the 

air quality in an area. In locations where 

air quality does not meet the NAAQS, 

the CAA requires relevant state 

authorities to initiate appropriate air 

quality management actions to ensure 

that all those residing, working, 

attending school, or otherwise present 

in those areas are protected, regardless 

of minority and economic status. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011), this action 

is exempt and, therefore, is not subject 

to review by the Office of Management 

and Budget. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This action is a redesignation of 

portions of two counties to 

nonattainment and does not contain any 

information collection activities. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553, or 

any other statute. Section 107(d)(2)(B) of 

the CAA explicitly provides that 

designations are exempt from the 

notice-and-comment provisions of the 

APA. In addition, designations under 

CAA section 107(d) are not among the 

list of actions that are subject to the 

notice-and-comment rulemaking 

requirements of CAA section 307(d). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action also does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the Federal 

Government and the states for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications. It will neither impose 

substantial direct compliance costs on 

Federally recognized tribal 

governments, nor preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying to those regulatory 

actions that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rule does not involve technical 

standards. 


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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 101913 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) directs Federal 

agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations (people of color and/or 

Indigenous peoples) and low-income 

populations. The EPA believes that this 

action does not have disproportionately 

high and adverse human health or 

environmental effects on minority 

populations, low income populations 

and/or indigenous peoples, as specified 

in Executive Order 12898 (59 FR 7629, 

February 16, 1994). This action, on 

which the EPA offered public notice 

and comment, changes the air quality 

designation of an area and triggers an 

obligation on the part of the 

Commonwealth to develop an 

implementation plan to improve air 

quality in the area so that it meets the 

2010 SO2 NAAQS. A forthcoming 

implementation plan by the 

Commonwealth will also be available 

for public notice and comment. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 18, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See CAA 

section 307(b)(2). 

V. Statutory Authority 

The statutory authority for this action 

is provided by 42 U.S.C. 7401, et seq. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the preamble 

the Environmental Protection Agency 

amends title 40 CFR part 81 as follows: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 2. Amend § 81.339, in the table titled 

‘‘Pennsylvania-2010 Sulfur Dioxide 

NAAQS [Primary]’’ by: 

■ a. Removing the entry ‘‘Cambria 

County’’ and adding in its place the 

entry ‘‘Cambria (part)’’; 

■ b. Adding the entry ‘‘CambriaWestmoreland Area Lower Yoder 

Township in Cambria County and St. 

Clair Township, Seward Borough, and 

New Florence Borough in 

Westmoreland County’’ immediately 

before the entry ‘‘Indiana, PA.’’; and 

■ c. Revising the entry ‘‘Westmoreland 

County;’’. 

The revisions and additions read as 

follows: 

* * * * * 

PENNSYLVANIA—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 

Designation 

Date Type 

*******

Cambria (part) ........................................................................................................................... 1/16/2025 Unclassifiable. 

*******

Cambria-Westmoreland Area ...................................................................................................

Lower Yoder Township in Cambria County and St. Clair Township, Seward Borough, and 

New Florence Borough in Westmoreland County.

1/16/2025 Nonattainment. 

* * * * * * * 

Westmoreland County (part) ..................................................................................................... 1/16/2025 Attainment/Unclassifiable 

* * * * * * * 

* * * * * 

[FR Doc. 2024–29229 Filed 12–16–24; 8:45 am] 

BILLING CODE 6560–50–P 


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