Air Plan Approval; Pennsylvania; Redesignation Request for the Allegheny County Area for the 2012 Annual Fine Particulate Matter Standard

[Federal Register Volume 91, Number 73 (Thursday, April 16, 2026)]
[Rules and Regulations]
[Pages 20369-20372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07399]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R03-OAR-2025-1777; FRL-12985-02-R3]


Air Plan Approval; Pennsylvania; Redesignation Request for the 
Allegheny County Area for the 2012 Annual Fine Particulate Matter 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Commonwealth of Pennsylvania's request to redesignate the Allegheny 
County, Pennsylvania nonattainment area (Allegheny County Area) to 
attainment for the 2012 annual fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS or 
standard). The redesignation request was submitted by the Commonwealth 
of Pennsylvania Department of Environmental Protection (PADEP or 
Pennsylvania) on behalf of the Allegheny County Health Department 
(ACHD). This action is being taken under the CAA.

DATES: This final rule is effective on May 18, 2026.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R03-OAR-2025-1777. 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: Ian Neiswinter, 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) 814-2011. Mr. Neiswinter can also be reached via electronic mail 
at neiswinter.ian@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' are used, it is intended to refer to the EPA.

I. Background

    Fine particulate pollution can be emitted directly from a source 
(primary PM2.5) or formed secondarily through chemical 
reactions in the atmosphere involving precursor pollutants emitted from 
a variety of sources. The main precursors of secondary PM2.5 
are sulfur dioxide (SO2), nitrogen oxides (NOX), 
ammonia (NH3), and volatile organic compounds (VOCs).\1\ 
Sulfates are a type of secondary particulate formed from SO2 
emissions from power plants and industrial facilities. Nitrates, 
another common type of secondary particulate, are formed from 
combustion emissions of NOX from power plants, mobile 
sources, and other combustion sources.
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    \1\ See 81 FR 58010 (August 24, 2016).
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    On January 15, 2013 (78 FR 3086), the EPA promulgated a revised 
primary annual PM2.5 NAAQS to provide increased protection 
of public health from fine particle pollution. In that action, the EPA 
strengthened the primary annual PM2.5 standard from 15.0 
micrograms per cubic meter ([micro]g/m\3\) to 12.0 [micro]g/m\3\, which 
is attained when the 3-year average of the annual arithmetic mean does 
not exceed 12.0 [micro]g/m\3\. On January 15, 2015 (80 FR 2206), the 
EPA published air quality designations for the 2012 annual 
PM2.5 NAAQS. In that action, the EPA designated all 
municipalities in Allegheny County, Pennsylvania as one moderate 
nonattainment area (Allegheny County Area) for the 2012 annual 
PM2.5 NAAQS. See 40 CFR 81.339. On September 4, 2025 PADEP, 
on behalf of ACHD, formally submitted a redesignation request for the 
Allegheny County Area for the 2012 annual PM2.5 NAAQS.
    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) the Administrator (EPA) 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k) of the CAA; (3) the Administrator 
determines that the improvement in air quality is due to

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permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP, applicable Federal air pollutant 
control regulations, and other permanent and enforceable emission 
reductions; (4) the Administrator has fully approved a maintenance plan 
for the area as meeting the requirements of section 175A of the CAA; 
and (5) the State containing the area has met all requirements 
applicable to the area for purposes of redesignation under section 110 
and part D of the CAA.
    On November 20, 2025 (90 FR 52319), the EPA published a notice of 
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the 
NPRM, the EPA proposed approval of Pennsylvania's September 4, 2025 
request to redesignate the Allegheny County Area to attainment for the 
2012 annual PM2.5 NAAQS. Notably, the EPA approved the 
relevant maintenance plan in a previous action. See 90 FR 34770 (July 
25, 2025).

II. Summary of the EPA Analysis

    The EPA reviewed Pennsylvania's redesignation request and found 
that the requirements for redesignating the Allegheny County Area to 
attainment for the 2012 annual PM2.5 NAAQS have been 
satisfied pursuant to CAA section 107(d)(3)(E). The EPA is thus 
approving Pennsylvania's request to change the designation of the 
Allegheny County Area from nonattainment to attainment for the 2012 
annual PM2.5 NAAQS. The details of Pennsylvania's request 
and the rationale for the EPA's now final action are explained in the 
NPRM and will not be restated here.

III. The EPA's Response to Comments Received

    The EPA's November 20, 2025 NPRM (90 FR 52319) opened a 30-day 
public comment period, which closed on December 22, 2025. The EPA 
received comments from two commenters. Those comments and the EPA's 
responses are discussed below. All of the comments received and any 
submitted attachments are included in the docket for this rule, 
available at, www.regulation.gov, Docket ID Number EPA-R03-OAR-2025-
1777.
    On December 22, 2025, Midwest Ozone Group (MOG) submitted comments 
on the NPRM. In summary, MOG agrees with and supports the EPA's 
proposed action to redesignate the Allegheny County Area to attainment 
for the 2012 annual PM2.5 NAAQS. The EPA acknowledges and 
appreciates MOG's comments.
    On November 20, 2025, the Citizens Rulemaking Alliance (CRA) 
submitted comments on the NPRM. The following is a summary of CRA's 
comments and the EPA's responses.
    Comment: The commenter claimed that the EPA did not comply with 
multiple statutory requirements, Executive Order 12866, and 
transportation conformity requirements. The commenter attributes each 
of these alleged procedural and statutory deficiencies to a claim that 
this action proposes to approve a CAA section 175A maintenance plan, 
including motor vehicle emissions budgets (``budgets'') for 
transportation conformity under CAA section 176(c) and 40 CFR part 93. 
First, the commenter claims that the EPA did not comply with the 
Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act (RFA/SBREFA) because the approval of budgets will impact 
transportation conformity determinations within the state, and as a 
result, impact small entities. The commenter states that the action 
either lacks a 605(b) certification or provides only a conclusory 
statement. Second, the commenter claims that the EPA did not comply 
with the Unfunded Mandates Reform Act (UMRA) because the approval of a 
maintenance plan and its contingency measures will make them federally 
enforceable, and budgets immediately impact transportation planning. As 
a result, local jurisdictions can incur planning, modeling, and project 
costs. The commenter claims that the EPA did not quantify these 
expenditures or explain why they are below UMRA thresholds. Third, the 
commenter claims that the EPA did not comply with the Paperwork 
Reduction Act (PRA) because the approved maintenance plan may contain 
recordkeeping, monitoring, and reporting provisions administered by 
ACHD and local transportation agencies. The commenter states that the 
EPA should clearly state if there are any information collection 
requirements and include the relevant Office of Management and Budget 
(OMB) control number. Fourth, the commenter claims that the EPA did not 
comply with Executive Order 12866, and that the notice should include a 
clear statement as to whether the action is a significant regulatory 
action, and if not, the basis for that determination. The commenter 
states that given the implication of budgets on a large metropolitan 
area, the EPA should provide a short explanation regarding the 
significance demonstration. Fifth, the commenter claims the EPA did not 
comply with the transportation conformity budgets adequacy process 
under 40 CFR part 93 because the document and docket do not appear to 
include the required adequacy materials or make them available for 
public comment. Lastly, the commenter states that if this was a direct 
final rule, the EPA must withdraw the direct final rule and proceed via 
notice-and-comment if adverse comment is received.
    Response: The EPA disagrees with the commenter with respect to each 
issue raised. This action does not approve a maintenance plan under CAA 
section 175A or budgets under CAA section 176(c) and 40 CFR part 93. 
Therefore, the commenter's claims that the EPA did not comply with the 
RFA/SBREFA, UMRA, PRA, Executive Order 12866, and the transportation 
conformity budget adequacy process with respect to approval of a 
maintenance plan or budgets, or due to provisions in the maintenance 
plan and budgets, are beyond the scope of this action, which is limited 
to redesignation of the nonattainment area to attainment. The cause of 
noncompliance cited by the commenter for each statute, Executive Order 
12866, and transportation conformity is not part of this rulemaking. 
The EPA previously approved, in a separate rulemaking, Pennsylvania's 
maintenance plan for the Allegheny County Area for the 2012 annual 
PM2.5 NAAQS as a revision to the Pennsylvania SIP because it 
met the requirements of CAA section 175A.\2\ The maintenance plan 
included 2017, 2026, and 2035 PM2.5 and NOX 
budgets for the Allegheny County Area for the 2012 annual 
PM2.5 NAAQS. The EPA's analysis of the budgets for the 
Allegheny County Area can be found in the EPA's budget technical 
support document (TSD) prepared for that rule, available online at 
www.regulations.gov, Docket ID: EPA-R03-OAR-2024-0586. The maintenance 
plan became federally enforceable on August 25, 2025, the effective 
date of the EPA's approval. ACHD must implement the provisions of the 
maintenance plan, including budgets and contingency provisions, 
irrespective of this action, which merely approves Pennsylvania's 
request to redesignate the Allegheny County Area from nonattainment to 
attainment for the 2012 annual PM2.5 NAAQS. Of note, the EPA 
did not receive any comments on that action specific to the RFA, UMRA, 
PRA, Executive Order 12866, or the EPA's adequacy determination and 
approval of budgets.
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    \2\ See 90 FR 34770 (July 25, 2025).
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    Additionally, this action was not a direct final rule. The EPA 
published a proposed rule on November 20, 2025 (90 FR 52319) which 
opened a 30-day public comment period that closed on

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December 22, 2025. In this action, we are finalizing the November 20, 
2025 proposed rule. The generic statement from the commenter that if 
this was a direct final rule, the EPA must withdraw the direct final 
and proceed via notice-and-comment if adverse comment is received, 
along with the mistaken claim that this action approves a maintenance 
plan and budgets, highlights that the commenter seems to have compiled 
a series of generic comments that were not specific to this action.

IV. Final Action

    The EPA is approving Pennsylvania's request to redesignate the 
Allegheny County Area to attainment for the 2012 annual 
PM2.5 NAAQS. The EPA has evaluated Pennsylvania's 
redesignation request and determined that ambient air monitoring data 
demonstrates that the Allegheny County Area has attained the NAAQS and 
the Area has met the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA. The effect of this final action is to change 
the designation status of the Allegheny County Area from nonattainment 
to attainment for the 2012 annual PM2.5 NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, the redesignation of an area to attainment is an 
action that affects the status of a geographical area and does not 
impose any additional regulatory requirements on sources beyond those 
required by state law. A redesignation to attainment does not in and of 
itself impose any new requirements, but rather results in the 
application of requirements contained in the CAA for areas that have 
been redesignated to attainment. For that reason, this action:
    •  Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Order 12866 (58 
FR 51735, October 4, 1993);
    •  Is not subject to Executive Order 14192 (90 FR 9065, 
February 6, 2025) because this action is exempt from review under 
Executive Order 12866:
    •  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
    •  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, this action 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).
    This action is subject to the Congressional Review Act, 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 15, 2026. 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

Amy Van-Blarcom Lackey,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
81 as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.339, amend the table ``Pennsylvania--2012 Annual 
PM2.5 NAAQS'' by revising the entry for ``Allegheny County, 
PA'' to read as follows:


Sec.  81.339   Pennsylvania.

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                                      Pennsylvania--2012 Annual PM2.5 NAAQS
                                                    [Primary]
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                                                      Designation                         Classification
         Designated area \1\          --------------------------------------------------------------------------
                                          Date \2\                Type               Date \2\          Type
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Allegheny County, PA:
    Allegheny County.................       5/18/2026  Attainment...............
 
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\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.


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[FR Doc. 2026-07399 Filed 4-15-26; 8:45 am]
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