[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Proposed Rules]
[Pages 21222-21230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06474]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2023-0381; EPA-R03-OAR-2023-0380; FRL-9822-01-R3]


Air Plan Approval; West Virginia; 2006 24-Hour Fine Particulate 
Matter Limited Maintenance Plans for the Charleston Area and the West 
Virginia Portion of the Steubenville-Weirton Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve, under the Clean Air Act (CAA), two limited maintenance plans 
(LMPs) submitted by the West Virginia Department of Environmental 
Protection (WVDEP), on behalf of the State of West Virginia. The LMPs 
are revisions to West Virginia's state implementation plan (SIP) and 
address the Charleston, West Virginia area (Charleston Area) and the 
West Virginia portion of the Steubenville-Weirton, Ohio-West Virginia 
area (West Virginia portion of the Steubenville-Weirton Area). EPA is 
proposing to approve the Charleston Area LMP and the West Virginia 
portion of the Steubenville-Weirton Area LMP because they provide for 
the maintenance of the 2006 24-hour fine particulate matter 
(PM2.5) national ambient air quality standard (NAAQS) 
through the end of the second 10-year maintenance periods. In addition, 
EPA is initiating the process to find the LMPs adequate for 
transportation conformity purposes.

DATES: Written comments must be received on or before April 26, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2023-0381 (Charleston Area) or EPA-R03-OAR-2023-0380 (West Virginia 
portion of the Steubenville-Weirton Area) at www.regulations.gov, or 
via email to [email protected]. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. For either manner of submission, EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be confidential business information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is

[[Page 21223]]

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-epa-dockets.

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

SUPPLEMENTARY INFORMATION: On March 29, 2022, WVDEP submitted to EPA 
two revisions to the State's SIP. Both revisions are second 10-year 
maintenance LMPs for the 2006 24-hour PM2.5 NAAQS; one 
revision focuses on the Charleston Area and the other on the West 
Virginia portion of the Steubenville-Weirton Area. The Charleston Area 
includes Kanawha County and Putnam County in West Virginia. The 
Steubenville-Weirton (Ohio-West Virginia) Area is comprised of Brooke 
County and Hancock County in West Virginia and Jefferson County in 
Ohio. See 40 CFR 81.336 (Ohio) and 40 CFR 81.349 (West Virginia). This 
action is expected to ensure that the State of West Virginia meets CAA 
requirements. There is no information on the record indicating that 
this action is expected to have disproportionately high or adverse 
human health or environmental effects on a particular group of people.

Table of Contents

I. Background
    A. The PM2.5 NAAQS
    B. Designation of PM2.5 NAAQS Nonattainment Areas and 
Subsequent Actions
    C. Limited Maintenance Plans
II. Review of SIP Submissions
    A. Qualifying for the Limited Maintenance Plan Option
    B. Attainment Emissions Inventories
    C. Air Quality Monitoring Network
    D. Verification of Continued Attainment
    E. Contingency Provisions
III. Transportation Conformity
IV. General Conformity
V. Proposed Actions
VI. Statutory and Executive Order Reviews

I. Background

A. The PM2.5 NAAQS

    Under section 109 of the CAA, EPA has established 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. EPA sets the 
NAAQS for criteria pollutants at levels required to protect public 
health and welfare.\1\ EPA's particulate matter standards address 
particles with diameters that are generally two and half micrometers or 
smaller (fine particulate matter or PM2.5) and particles 
with diameters that are generally 10 micrometers or smaller 
(PM10). PM2.5 is one of the ambient pollutants 
for which EPA has established health-based standards.
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    \1\ For a given air pollutant, ``primary'' national ambient air 
quality standards are those determined by EPA as requisite to 
protect the public health. ``Secondary'' standards are those 
determined by EPA as 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. CAA section 
109(b).
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    Fine particulate matter contributes to effects that are harmful to 
human health and the environment, including premature mortality, 
aggravation of respiratory and cardiovascular disease, decreased lung 
function, visibility impairment, and damage to vegetation and 
ecosystems. Individuals particularly sensitive to PM2.5 
exposure include older adults, people with heart and lung disease, and 
children. See 78 FR 3086 at 3088 (January 15, 2013). PM2.5 
can be emitted directly into the atmosphere as a solid or liquid 
particle (primary PM2.5 or direct PM2.5) or can 
be formed in the atmosphere (secondary PM2.5) as a result of 
various chemical reactions among precursor pollutants such as nitrogen 
oxides (NOX), sulfur dioxide (SO2), volatile 
organic compounds (VOCs), and ammonia (NH3).\2\
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    \2\ EPA, Air Quality Criteria for Particulate Matter, No. EPA/
600/P-99/002aF and EPA/600/P-99/002bF, October 2004.
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    On July 18, 1997 (62 FR 38652), EPA revised the NAAQS for 
particulate matter to add new standards for PM2.5. The 
Agency established primary and secondary annual and 24-hour standards 
for PM2.5. The annual standard was set at 15.0 micrograms 
per cubic meter ([mu]g/m\3\) based on a 3-year average of annual mean 
PM2.5 concentrations, and the 24-hour (daily) standard was 
set at 65 [mu]g/m\3\ based on the 3-year average of the annual 98th 
percentile values of 24-hour PM2.5 concentrations at each 
population-oriented monitor within an area.\3\
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    \3\ The primary and secondary standards were set at the same 
level for both the 24-hour and the annual PM2.5 
standards.
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    On October 17, 2006 (71 FR 61144), EPA retained the annual average 
NAAQS at 15.0 [mu]g/m\3\ but lowered the level of the 24-hour 
PM2.5 NAAQS to 35 [mu]g/m\3\ based on a 3-year average of 
the annual 98th percentile values of 24-hour concentrations.\4\
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    \4\ Under EPA regulations at 40 CFR part 50, the primary and 
secondary 2006 24-hour PM2.5 NAAQS are attained when the 
annual arithmetic mean concentration, as determined in accordance 
with 40 CFR part 50, appendix N, is less than or equal to 35 
[micro]g/m\3\ at all relevant monitoring sites in the subject area, 
averaged over a 3-year period.
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    On December 14, 2012, EPA promulgated the 2012 PM2.5 
NAAQS, including lowering the annual standard to 12.0 [mu]g/m\3\ based 
on a 3-year average of annual mean PM2.5 concentrations. EPA 
maintained the 24-hour standard of 35 [mu]g/m\3\ based on a 3-year 
average of the 98th percentile of 24-hour concentrations. See 78 FR 
3086 (January 15, 2013).

B. Designation of PM2.5 NAAQS Nonattainment Areas and Subsequent 
Actions

    Following promulgation of a new or revised NAAQS, EPA is required 
by CAA section 107(d) to designate areas throughout the nation as 
attaining or not attaining the NAAQS. On November 13, 2009 (74 FR 
58688), EPA designated both the Charleston (West Virginia) Area and the 
Steubenville-Weirton (Ohio-West Virginia) Area as nonattainment for the 
2006 24-hour PM2.5 NAAQS. See 74 FR 58775 (November 13, 
2009) and 40 CFR 81.349 (Charleston, West Virginia) and, also see 40 
CFR 81.336 (Steubenville-Weirton, Ohio) and 40 CFR 81.349 
(Steubenville-Weirton, West Virginia).\5\
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    \5\ On January 15, 2015 (80 FR 2206), EPA designated counties in 
these areas as ``unclassifiable/attainment'' for the 2012 primary 
annual PM2.5 NAAQS.
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    On November 18, 2011 (76 FR 714503), EPA determined under the 
Agency's Clean Data Policy \6\ that the Charleston nonattainment area 
had clean data for the 2006 24-hour PM2.5 NAAQS based upon 
quality-assured and certified ambient air monitoring data. The Agency 
made a similar clean data determination regarding the 2006 24-hour 
PM2.5 NAAQS for the entire Steubenville-Weirton area on May 
14, 2012 (77 FR 28264). Based on these clean data determinations, the 
requirements for the Charleston Area and Steubenville-Weirton Area to 
submit attainment demonstrations and

[[Page 21224]]

associated reasonably available control measures (RACM), reasonable 
further progress (RFP) plans, contingency measures, and other SIP 
requirements related to the attainment of the 2006 24-hour 
PM2.5 NAAQS were suspended as long as the areas continued to 
attain the 2006 24-hour PM2.5 NAAQS.
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    \6\ See e.g., 70 FR 71612 (November 29, 2005) and 72 FR 20586 
(April 25, 2007).
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    On December 6, 2012, the State of West Virginia submitted to EPA a 
redesignation request and maintenance plan for the Charleston Area. EPA 
redesignated the Charleston Area from nonattainment to attainment for 
the 2006 24-hour PM2.5 NAAQS and approved the maintenance 
plan for the first 10-year maintenance period on March 31, 2014 (79 FR 
17884).\7\ The first 10-year maintenance period for the Charleston Area 
will end on April 30, 2024, and the Area's second 10-year maintenance 
plan, which is subject of this proposed rulemaking, extends through 
April 30, 2034.
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    \7\ Effective on April 30, 2014.
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    On June 8, 2012, the State of West Virginia submitted to EPA a 
redesignation request and maintenance plan for the West Virginia 
portion of the Steubenville-Weirton Area from nonattainment to 
attainment for the 2006 24-hour PM2.5 NAAQS. On March 18, 
2014 (79 FR 15019), EPA redesignated to attainment the West Virginia 
portion of the 2006 24-hour Steubenville-Weirton Area and approved the 
maintenance plan for the first 10-year maintenance period.\8\ The first 
10-year maintenance period for the West Virginia portion of the 
Steubenville-Weirton Area will end on April 17, 2024, and the Area's 
second 10-year maintenance plan, which is the subject of this proposed 
rulemaking, extends through April 17, 2034.
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    \8\ Effective on April 17, 2014.
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C. Limited Maintenance Plans

    Section 107(d)(3)(E) of the CAA sets out the requirements for 
redesignating a nonattainment area to attainment. One of the criteria 
for redesignation is to have an approved maintenance plan under section 
175A of the Act. Section 175A requires that nonattainment areas seeking 
redesignation to attainment submit ``a revision of the applicable state 
implementation plan to provide for the maintenance of the [NAAQS] for 
such air pollutant in the area concerned for at least 10 years after 
the redesignation.'' \9\ On September 4, 1992, EPA issued guidance on 
the content of a maintenance plan (Memorandum from John Calcagni, 
Director, Air Quality Management Division, entitled ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' (hereinafter 
referred to as the ``Calcagni Memorandum'')) \10\ which explained that 
states may meet this requirement to ``provide for the maintenance of 
the NAAQS'' by using projected emissions inventories or air quality 
modeling showing continued maintenance until the end of the relevant 
maintenance period.\11\ EPA clarified in subsequent guidance memoranda 
that certain areas could meet the CAA section 175A requirement to 
provide for maintenance by demonstrating that the area's design value 
was well below the NAAQS and that the historical stability of the 
area's air quality levels showed that the area was unlikely to violate 
the NAAQS in the future.\12\
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    \9\ Eight years into the first maintenance period, the 
applicable state or local agency must submit a second maintenance 
plan demonstrating that the area will continue to attain for the 
following 10-year period.
    \10\ The Calcagni Memorandum can be found at www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
    \11\ See Calcagni Memorandum at 9-11.
    \12\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air 
Quality Planning and Standards (OAQPS), dated November 16, 1994; 
``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6, 
1995; and ``Limited Maintenance Plan Option for Moderate 
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS, 
dated August 9, 2001 (hereinafter referred to as the ``Wegman 
Memorandum''). Copies of these guidance memoranda can be found in 
the dockets for this proposed rulemaking.
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    Most recently, in October 2022, EPA released guidance extending 
this streamlined option for demonstrating maintenance under CAA section 
175A to certain PM2.5 areas, titled ``Guidance on Limited 
Maintenance Plan Option for Moderate PM2.5 Nonattainment 
Areas and PM2.5 Maintenance Areas'' (PM2.5 LMP 
Guidance).\13\
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    \13\ The guidance document titled ``Guidance on the Limited 
Maintenance Plan Option for Moderate PM2.5 Nonattainment 
Areas and PM2.5 Maintenance Areas'' can be found at 
www.epa.gov/system/files/documents/2023-03/PM%202.5%20Limited%20Maintenance%20Plan%20Guidance.pdf.
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    EPA refers to this streamlined demonstration of maintenance as a 
limited maintenance plan or LMP. EPA has interpreted CAA section 175A 
as permitting this option because section 175A does not define how 
areas may demonstrate maintenance, and in EPA's experience with 
implementing the various NAAQS, areas that qualify for an LMP and have 
approved LMPs, have rarely, if ever, experienced subsequent violations 
of the NAAQS. As noted in the PM2.5 LMP Guidance, states 
seeking an LMP must still submit the other maintenance plan elements 
outlined in the Calcagni Memorandum, including an attainment emissions 
inventory, provisions for the continued operation of the ambient air 
quality monitoring network, verification of continued attainment, and a 
contingency plan in the event of a future violation of the NAAQS.
    The PM2.5 LMP Guidance describes a process for states to 
demonstrate that an area qualifies for an LMP by showing that, based on 
recent measured air quality, the area is unlikely to violate the NAAQS 
in the future. The PM2.5 LMP Guidance relies on the critical 
design value (CDV) concept. This guidance describes a process for a 
PM2.5 area to qualify for an LMP by showing that the area's 
average design value (ADV) for each site in the area (based upon the 
most recent five years of monitoring data) \14\ is at or below the CDV. 
The CDV is an indicator of the likelihood of future violations of the 
NAAQS in an area given the area's current ADV and its historical 
variability. The PM2.5 LMP Guidance provides a means for 
calculating the CDV for an area (or monitoring site). The CDV 
calculation for a monitoring site involves parameters including: (1) 
the level of the relevant NAAQS; \15\ (2) the coefficient of variation 
of recent design values measured at that site; and (3) a statistical 
parameter corresponding to a 10 percent probability of exceedance, such 
that sites with historically high variability in design values result 
in a lower (or more stringent) CDV. The CDV is the highest average 
design value an area could have before it may experience a future 
exceedance of the NAAQS with a certain probability--in the case of the 
PM2.5 LMP Guidance, a probability of one in ten.\16\ 
Therefore, if an area's current ADV is less than the area's CDV, that 
area has less than ten percent probability of exceeding the NAAQS in 
the future.
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    \14\ EPA recommends that the ADV be calculated using at least 
five years of design values, each representing a three-year period, 
because this approach would rely on a more robust dataset. However, 
we acknowledge that an alternative interpretation may be acceptable, 
where these variables could be calculated using three years of 
design values, collectively representing five years of air quality 
data.
    \15\ As noted in Attachment A of the Wegman Memorandum, the CDV 
calculation was designed to apply for any NAAQS pollutant and is not 
specific to PM10.
    \16\ The PM2.5 Guidance directs states to calculate a 
site-specific CDV for the monitoring site in an area with the 
highest design value, and also for all other active monitoring sites 
in the area with complete data.
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    Per EPA's transportation conformity regulations, areas with LMPs 
must also ``demonstrate that it would be unreasonable to expect that 
such an area

[[Page 21225]]

would experience enough motor vehicle emissions growth for a violation 
of the NAAQS to occur.'' \17\
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    \17\ See 40 CFR 93.109(e).
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II. Review of SIP Submissions

    On March 29, 2022, EPA received two second 10-year maintenance plan 
SIP submissions for the 2006 24-hour PM2.5 NAAQS from West 
Virginia. One SIP revision was for the Charleston Area and the other 
was for the West Virginia portion of the Steubenville-Weirton Area.

A. Qualifying for the Limited Maintenance Plan Option

    For both its Charleston Area LMP and the West Virginia portion of 
the Steubenville-Weirton Area LMP, West Virginia calculated a 5-year 
weighted design value using the five most recent years of certified 
data available to the State at the time (2016-2020).\18\ For comparison 
to the 5-year weighted design value, West Virginia used a threshold 
equal to 85 percent of the 2006 24-hour PM2.5 NAAQS, or 
30.17 [mu]g/m\3\.\19\
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    \18\ At the time West Virginia was preparing its SIP submittals, 
EPA had yet to provide the LMP guidance for the PM2.5 
NAAQS which clarified the Agency's interpretation of how to 
calculate a 5-year ADV. West Virginia's 5-year weighted design value 
includes the 3-year design values for 2016-2018, 2017-2019, and 
2018-2020. The State refers to this as a ``weighted'' 5-year average 
design value since data from years 2017 and 2018 are given more 
weight (i.e. are included more often).
    \19\ Using 85 percent of the NAAQS is a threshold taken from 
earlier LMP guidance documents that were specific to other NAAQS. 
See ``Limited Maintenance Plan Option for Nonclassifiable Ozone 
Nonattainment Areas'' from Sally L. Shaver, Office of Air Quality 
Planning and Standards (OAQPS), dated November 16, 1994; and 
``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6, 
1995.
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    After West Virginia submitted its LMP SIP submissions to EPA, the 
Agency subsequently provided the updated PM2.5 LMP Guidance 
for PM2.5 NAAQS areas planning to submit limited maintenance 
plans. As discussed in section I.C. of this document, one way for an 
area to qualify for an LMP is to show that the area's ADV (based upon 
the most recent five years of monitoring data) is at or below the CDV. 
Therefore, given the timing of the State's submission and the timing of 
the issuance of EPA's updated guidance, EPA is in this case employing 
this methodology outlined in its updated guidance to demonstrate that 
both the Charleston Area and the West Virginia portion of the 
Steubenville-Weirton Area are eligible for an LMP and that the plans 
therefore provide for maintenance of the NAAQS, even though those 
calculations were not included as part of the State's submissions.
    To calculate the ADV for each area, EPA averaged the most recent 
five consecutive design values for the 2006 24-hour PM2.5 
standard, selecting the highest design value from all active monitoring 
sites from the Charleston Area and the West Virginia portion of the 
Steubenville-Weirton Area. The Charleston Area includes two ambient air 
monitoring sites for the 24-hour PM2.5 NAAQS: the Charleston 
NCore site (AQS 54-039-0020) and the South Charleston site (AQS 54-039-
1005). In the West Virginia portion of the Steubenville-Weirton Area, 
the 24-hour PM2.5 NAAQS is monitored at three ambient air 
monitoring sites within Brooke and Hancock counties: the Follansbee 
site (AQS 54-009-0005), the Weirton-Marland Heights site (AQS 54-009-
0011), and the Weirton Summit Circle site (AQS 54-029-0009).
    Since each design value is calculated by averaging three years of 
valid daily means, the average of the last five 3-year design values 
includes data from the most recent seven years (2016-2022). Table 1 in 
this document presents the most recent (2018-2022) 3-year design values 
for the 24-hour PM2.5 NAAQS for the Charleston Area, with an 
ADV of 15.6 [mu]g/m\3\.\20\ Table 2 in this document shows the 24-hour 
PM2.5 NAAQS design values for 2018-2022 for the West 
Virginia portion of the Steubenville-Weirton Area and presents an ADV 
of 19.6 [mu]g/m\3\.
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    \20\ An area's ADV is determined by the monitor with the highest 
average of the five most recent 3-year design values.

                                               Table 1--Charleston Area 24-Hour PM2.5 NAAQS Design Values
                                                                    [[mu]g/m\3\] \a\
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                                                                                                                                            Average of
                                                           2018  Design    2019  Design    2020  Design    2021  Design    2022  Design   most recent  3-
                         Monitor                           value  (2016-   value  (2017-   value  (2018-   value  (2019-   value  (2020-    year design
                                                               2018)           2019)           2020)           2021)           2022)          values
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Charleston NCore........................................              16              15              15              16              16            15.6
South Charleston........................................              16              15              14              15              15              15
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\a\ Data provided by EPA's Air Quality System (AQS).


                            Table 2--West Virginia Portion of the Steubenville-Weirton Area 24-Hour PM2.5 NAAQS Design Values
                                                                    [[mu]g/m\3\] \a\
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                                                                                                                                            Average of
                                                           2018  Design    2019  Design    2020  Design    2021  Design    2022  Design   most recent  3-
                         Monitor                           value  (2016-   value  (2017-   value  (2018-   value  (2019-   value  (2020-    year design
                                                               2018)           2019)           2020)           2021)           2022)          values
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Follansbee..............................................              19              19              18              19              19            18.8
Weirton-Marland Heights.................................              21              20              19              20              18            19.6
Weirton-Summit Circle...................................              19              19              18              19              18            18.6
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\a\ Data provided by EPA's Air Quality System (AQS).

    To calculate the CDV for each area, we used the recent five years 
of design values and their variability with the equation presented in 
the PM2.5 LMP guidance. Table 3 in this document shows the 
input and results of the LMP eligibility calculations. The resulting 
site-specific CDV for the Charleston Area is calculated to be 33.2 
[mu]g/m\3\. Therefore, the Charleston Area's ADV (15.6 [mu]g/m\3\) 
falls below the site-specific CDV of 33.2 [mu]g/m\3\ and thus meets the

[[Page 21226]]

first criterion for LMP eligibility.\21\ The resulting site-specific 
CDV for the West Virginia portion of the Steubenville-Weirton Area is 
calculated to be 32.1 [mu]g/m\3\. The West Virginia portion of the 
Steubenville-Weirton Area ADV (19.6 [mu]g/m\3\) falls below the site-
specific CDV of 32.1 [mu]g/m\3\ and thus meets the first criterion for 
LMP eligibility.\22\
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    \21\ See ``CDV Calculations'' spreadsheet in the docket for this 
proposed rulemaking.
    \22\ Id.

        Table 3--LMP Eligibility Calculation Equations and Input
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2006 24-hour PM2.5 NAAQS................  35 [mu]g/m\3\.
Critical t-value (tc)...................  1.533.
Charleston Area ADV.....................  15.6 [mu]g/m\3\.
Steubenville-Weirton Area (West Virginia  19.6 [mu]g/m\3\.
 portion) ADV.
Standard deviation of Charleston Area     0.548 [mu]g/m\3\.
 design values (2018-2022).
Standard deviation of West Virginia       1.140 [mu]g/m\3\.
 portion of the Steubenville-Weirton
 Area design values (2018-2022).
Coefficient of Variation (CV)...........  CV = (standard deviation of
                                           sample/ADV).
Charleston Area CV......................  0.035.
West Virginia portion of the              0.0582.
 Steubenville-Weirton Area CV.
Critical Design Value (CDV).............  CDV = NAAQS/(1 + (tc x CV).
Charleston Area CDV.....................  33.2 [mu]g/m\3\.
West Virginia portion of the              32.1 [mu]g/m\3\.
 Steubenville-Weirton Area CDV.
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    The PM2.5 LMP Guidance notes that an air agency 
submitting an LMP is not required to submit a future year emissions 
inventory, but it is still required to submit the other elements of a 
maintenance plan--an attainment year emissions inventory, provisions 
for continued operation of the monitoring network, verification of 
continued attainment, and a contingency plan. The maintenance 
demonstration is satisfied by the calculations Table 3 in this document 
above. As discussed in further sections of this document, EPA finds 
that West Virginia's LMPs for the Charleston Area and the West Virginia 
portion of the Steubenville-Weirton Area include all the necessary 
components, so we are proposing to approve these two second LMPs as a 
revision to the West Virginia SIP. The Ohio portion of the 
Steubenville-Weirton Area is not addressed in this proposed 
rulemaking.\23\
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    \23\ EPA finalized approval of the Ohio portion of the 
Steubenville-Weirton Area's second 10-year 2006 24-hour 
PM2.5 LMP on January 22, 2024 (89 FR 3889).
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B. Attainment Emissions Inventories

    As noted previously, states that qualify for an LMP must still meet 
the other elements of a maintenance plan, as articulated in the 
Calcagni Memo. This includes an attainment year emissions inventory. 
For the second 10-year maintenance plans for the Charleston Area and 
the West Virginia portion of the Steubenville-Weirton Area, West 
Virginia provided emissions inventories from the 2017 National 
Emissions Inventory (NEI), version 2, which was the most comprehensive 
emissions inventory year containing data that was quality assured by 
EPA at the time West Virginia was preparing the LMP SIP 
submissions.\24\ The 2017 NEI was also representative of the 2016-2022 
time period which served as the 5-year period used to demonstrate that 
the areas were eligible for an LMP.\25\ Tables 4 and 5 in this document 
include the following five categories from the 2017 inventory for 
direct PM2.5 and its precursors (SO2, 
NOX, VOCs, and NH3): point sources, nonpoint 
(area) sources, on-road mobile sources, nonroad mobile sources, and 
fire events.\26\
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    \24\ The redesignation request and first 10-year maintenance 
plan for both the Charleston Area and the West Virginia portion of 
the Steubenville-Weirton Area included a 2008 emissions inventory.
    \25\ Each area's design value was calculated by averaging three 
years of valid daily means, the average of the last five 3-year 
design values includes data from the most recent seven years (2016-
2022).
    \26\ A more detailed version of the inventory can be found in 
West Virginia's 2006 24-hour PM2.5 LMP SIP submissions 
for the Charleston Area and the West Virginia portion of the 
Steubenville-Weirton Area, located in the respective dockets. See 
www.regulations.gov, Docket No. EPA-R03-OAR-2023-0381 (Charleston 
Area) or EPA-R03-OAR-2023-0380 (West Virginia portion of the 
Steubenville-Weirton Area).

                      Table 4--Charleston Area \a\ 2017 Attainment Year Emissions Inventory
                                                    [tpy] \b\
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             Sector                  PM2.5 \c\          SO2             NOX             VOC             NH3
----------------------------------------------------------------------------------------------------------------
Point Sources...................             116           5,756           7,855           1,367              73
Nonpoint (Area) Sources.........           2,330              77           3,350          33,705             314
On-road Mobile Sources..........             100              18           3,010           1,605              88
Nonroad Mobile Sources..........              84               2             536           1,024               1
Event--Fire \d\.................             325              33              67             859              60
----------------------------------------------------------------------------------------------------------------
\a\ Includes emissions from both Kanawha County and Putnam County.
\b\ Taken from West Virginia's 2006 24-hour PM2.5 LMP SIP submission for the Charleston Area.
\c\ Total primary PM2.5.
\d\ Includes emissions from agricultural burning, prescribed fires, wildfires, and other types of fires.


  Table 5--West Virginia Portion of the Steubenville-Weirton Area \a\ 2017 Attainment Year Emissions Inventory
                                                    [tpy] \b\
----------------------------------------------------------------------------------------------------------------
             Sector                  PM2.5 \c\          SO2             NOX             VOC             NH3
----------------------------------------------------------------------------------------------------------------
Point Sources...................             144             345             808             369              10

[[Page 21227]]

 
Nonpoint (Area) Sources.........             402              19             551           4,921              72
On-road Mobile Sources..........              13               2             423             304              11
Nonroad Mobile Sources..........               7            0.25             107             105            0.19
Event--Fire \d\.................              33               3               6              90               6
----------------------------------------------------------------------------------------------------------------
\a\ Includes emissions from both Brooke County and Hancock County.
\b\ Taken from West Virginia's 2006 24-hour PM2.5 LMP SIP submissions for the West Virginia portion of the
  Steubenville-Weirton Area.
\c\ Total primary PM2.5.
\d\ Includes emissions from agricultural burning, prescribed fires, wildfires, and other types of fires.

    The redesignation request and first 10-year maintenance plan for 
the Charleston Area and the West Virginia portion of the Steubenville-
Weirton Area each included a 2008 emissions inventory. The emissions of 
direct PM2.5 and its precursors in the Charleston Area have 
decreased substantially between the 2008 and 2017 inventory (60 
percent).

C. Air Quality Monitoring Network

    Once an area is redesignated, the applicable state or local agency 
must continue to operate an appropriate air monitoring network in 
accordance with 40 CFR part 58 to verify the attainment status of the 
area over the maintenance period. West Virginia operates, in accordance 
with the requirements of 40 CFR part 58, two PM2.5 monitors 
within the Charleston Area and three PM2.5 monitors within 
the West Virginia portion of the Steubenville-Weirton Area. On June 30, 
2022, WVDEP submitted its' 2022 Annual Monitoring Network Plan, which 
EPA approved on December 14, 2022.\27\ West Virginia's annual 
monitoring network plan and EPA's approval letter are included in the 
dockets associated with this action.
---------------------------------------------------------------------------

    \27\ EPA's letter approving WVDEP's 2022 AMNP included deferred 
approval of WVDEP's request to exclude continuous PM2.5 
sampler data from a monitor collated at the Charleston NCore site. 
EPA's decision regarding that sampler data does not impact the 
State's ability to monitor PM2.5 in accordance with 40 
CFR part 58 as there is another monitor at the site that has been 
used as the primary monitor.
---------------------------------------------------------------------------

D. Verification of Continued Attainment

    West Virginia, through WVDEP, has the legal authority to enforce 
and implement the requirements of the Charleston Area LMP and the West 
Virginia portion of the Steubenville-Weirton Area LMP. This includes 
the authority to adopt, implement, and enforce any subsequent emissions 
control contingency measures determined to be necessary to correct 
future PM2.5 attainment problems.
    In demonstrating maintenance, continued attainment of the NAAQS can 
be verified through operation of an appropriate air quality monitoring 
network. The Calcagni Memorandum states that the maintenance plan 
should contain provisions for continued operation of air quality 
monitors that will provide such verification.\28\ As discussed 
previously in the preamble of this document, PM2.5 is 
currently monitored by WVDEP within the Charleston Area and the West 
Virginia portion of the Steubenville-Weirton Area. In section V.2 of 
West Virginia's submitted maintenance plans, WVDEP committed to 
continue to conduct ambient PM2.5 air quality monitoring in 
the Charleston Area and the West Virginia portion of the Steubenville-
Weirton Area throughout the term of the second 10-year maintenance 
period. West Virginia will do this to verify continued attainment with 
the 2006 24-hour PM2.5 NAAQS, to identify when contingency 
provisions are triggered, and to protect any applicable Prevention of 
Significant Deterioration (PSD) increments.
---------------------------------------------------------------------------

    \28\ See Calcagni Memorandum at 11.
---------------------------------------------------------------------------

E. Contingency Provisions

    Section 175A(d) of the CAA requires that the maintenance plan 
contain contingency provisions to assure that the state will promptly 
correct any violation of the relevant PM2.5 NAAQS that may 
occur after the redesignation of the area to attainment. Such 
provisions must include a requirement that the state will implement all 
measures with respect to the control of the air pollutant concerned 
that were contained in the nonattainment SIP prior to redesignation. 
EPA's redesignation guidance notes that the state need not have fully 
adopted contingency measures that will take effect without further 
action by the state. As such, the contingency plan should ensure that 
the state has the capacity to adopt the contingency measures 
expediently if the need were triggered. Therefore, the primary elements 
of West Virginia's contingency plans involve tracking and triggering 
mechanisms to determine when contingency measures would be necessary 
and a process for implementing appropriate control measures.
    In the Charleston Area LMP, WVDEP proposes to retain the existing 
contingency provisions and associated measures from the first 10-year 
maintenance plan approved by EPA on March 31, 2014 (79 FR 17884). WVDEP 
also proposes to retain the existing contingency plan and associated 
contingency measures from the State's portion of the Steubenville-
Weirton Area's first 10-year maintenance plan approved by EPA on March 
18, 2014 (79 FR 15019). West Virginia's two LMP SIP submissions outline 
the procedures for the adoption and implementation of contingency 
measures, which include a warning level response and an action level 
response, to further reduce emissions should a violation occur.
    West Virginia's contingency measures for the Charleston Area and 
the Steubenville-Weirton Area include an initial warning level response 
that is triggered for the 2006 24-hour PM2.5 NAAQS when the 
98th percentile 24-hour PM2.5 concentration for a single 
calendar year exceeds 35 [mu]g/m\3\. In the case of triggering a 
warning level, a study will be conducted to determine if the emissions 
trends show increasing concentrations of PM2.5, and whether 
this trend, if any, is likely to continue. If it is determined through 
the study that action is necessary to reverse emissions increases, West 
Virginia will follow the same procedures for control selection and 
implementation as for an action level response, and implementation of 
necessary controls will take place as expeditiously as possible, but no 
later than 12 months from the end of the most recent calendar year.
    An action level response will be prompted by either a two-year 
average

[[Page 21228]]

of the 98th percentile equaling 35 [mu]g/m\3\ or greater within the 
maintenance area or a violation of the standard within the area (i.e., 
a three-year average of the 98th percentile of 35 [mu]g/m\3\ or 
greater). If an action level response is triggered, West Virginia will 
adopt and implement appropriate control measures within 18 months from 
the end of the year in which monitored air quality triggering a 
response occurs. West Virginia will also consider whether additional 
regulations that are not a part of the maintenance plan can be 
implemented in a timely manner to respond to the trigger.
    In both the Charleston Area maintenance plan and the Steubenville-
Weirton Area maintenance plan, West Virginia commits to adopt and 
expeditiously implement the necessary contingency measures as 
corrective actions. West Virginia's potential contingency measures 
include the following: (1) diesel reduction emission strategies, (2) 
alternative fuels and diesel retrofit programs for fleet vehicle 
operations, (3) tighter PM2.5, SO2, and 
NOX emissions offsets for new and modified major sources, 
(4) concrete manufacturing controls, and (5) additional NOX 
reductions.

III. Transportation Conformity

    Transportation conformity for the purposes of the SIP means that 
transportation activities will not cause or contribute to new air 
quality violations, worsen existing violations, or delay timely 
attainment of the relevant NAAQS or any interim milestones. See CAA 
176(c)(1)(A) and (B). While qualification for the LMP option does not 
exempt an area from the need to determine transportation conformity, in 
an area with an adequate or approved LMP, transportation conformity may 
be demonstrated without a regional emissions analysis for the relevant 
NAAQS and pollutant (40 CFR 93.109(e)). An LMP must demonstrate that it 
is unreasonable to expect that the qualifying areas would experience so 
much growth in motor vehicle emissions that a violation of the relevant 
NAAQS would occur (40 CFR 93.109(e)). Hence, because no such impact is 
expected, areas with LMPs are not required to do a regional emissions 
analysis as part of a transportation conformity determination. See 40 
CFR 93.109(e). Therefore, an LMP does not include a motor vehicle 
emissions budget.
    In the first 10-year maintenance plans for the Charleston Area and 
the West Virginia portion of the Steubenville-Weirton Area, which have 
been approved into the West Virginia SIP, the State demonstrated that 
regional highway emissions of PM2.5 and precursor 
NOX emissions were insignificant contributors to the 
nonattainment of the areas.\29\ Therefore, as per 40 CFR 93.109(f), the 
first 10-year maintenance plans for these areas did not include motor 
vehicle emissions budgets and the metropolitan planning organizations 
for the areas were not required to satisfy a regional emissions 
analysis as part of transportation conformity determinations for direct 
PM2.5 or any PM2.5 precursor.
---------------------------------------------------------------------------

    \29\ 79 FR 17884 (March 31, 2014) and 79 FR 15019 (March 18, 
2014).
---------------------------------------------------------------------------

    WVDEP has now submitted LMPs for the second 10-year maintenance 
period for these PM2.5 maintenance areas. As mentioned 
previously, EPA clarified in the 2022 PM2.5 LMP Guidance, 
which was released after West Virginia submitted its SIP revisions, 
that an area submitting the second 10-year maintenance plan may be 
eligible for the LMP option as long as monitored air quality data and 
VMT trends support the LMP option. Consequently, if EPA approves the 
LMPs for these areas or finds them to be adequate, the metropolitan 
planning organizations for the Charleston Area and for the West 
Virginia portion of the Steubenville-Weirton Area will not be required 
to perform regional emissions analyses for direct PM2.5 
emissions or any PM2.5 precursor when they determine 
conformity for these areas.
    To determine if motor vehicle emissions growth in the remaining 
maintenance period will not reasonably be expected to cause a violation 
of the NAAQS, EPA analyzed air quality and VMT trends. As shown in 
Table 1 and Table 2 of this document, design values for both the 
Charleston Area and the West Virginia portion of the Steubenville-
Weirton Area have remained well below the NAAQS since 2016. 
Additionally, vehicle emissions of NH3, NOX, 
PM2.5, SO2, and VOCs have steadily decreased in 
both the Charleston Area and the West Virginia portion of the 
Steubenville-Weirton Area between 2002 and 2020. See Tables 6 and 7, 
and the trends analysis in the docket for this action.

                                                 Table 6--Charleston Area Onroad Mobile Source Emissions
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   2002         2005         2008         2011         2014         2017         2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
NH3..........................................................          314          318          146          111          106           88           73
NOX..........................................................       10,184        7,684        8,924        6,143        6,064        3,010        2,523
PM2.5-PRI \a\................................................          194          149          297          216          217          100           80
SO2..........................................................          437          182           41           28           26           18            8
VOC..........................................................        6,157        4,681        3,721        2,631        2,348        1,605          827
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ PM2.5 primary emissions, including condensibles and filterables.


                                              Table 7--Steubenville-Weirton Onroad Mobile Source Emissions
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   2002         2005         2008         2011         2014         2017         2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
NH3..........................................................           42           43           19           14           12           11            8
NOX..........................................................        1,053          810          960          609          546          423          191
PM2.5-PRI \a\................................................           18           14           32           22           18           13            7
SO2..........................................................           53           19            5            4            3            2            1
VOC..........................................................          862          667          498          421          377          304          139
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ PM2.5 primary emissions, including condensibles and filterables.


[[Page 21229]]

    EPA also assessed historical and future projected VMT (as provided 
by state/local transportation organizations) to determine VMT growth 
trends. For Brooke County and Hancock County in the Steubenville-
Weirton Area, VMT is projected to decrease by approximately 2.5 percent 
between 2020 and 2040. For Kanawha and Putnam counties in the 
Charleston Area, VMT is projected to decrease by 4.5 percent in that 
same period.
    Because of these air quality and VMT trends, EPA proposes to find 
that the Charleston Area and the West Virginia portion of the 
Steubenville-Weirton Area meet the qualification criteria set forth in 
the PM2.5 LMP Guidance and that it would be unreasonable to 
expect that either area will experience growth in motor vehicle 
emissions sufficient to cause a violation of the 2006 24-hour 
PM2.5 NAAQS over the second maintenance period.
    Transportation plan and transportation improvement program (TIP) 
conformity determinations that meet applicable requirements continue to 
be required in these areas (see Table 1 in 40 CFR 93.109). 
Additionally, project-level conformity determinations must continue to 
be completed according to all applicable requirements for federally 
supported highway and transit projects, including the hot-spot 
requirements for projects in PM2.5 nonattainment and 
maintenance areas.
    In addition to these proposed actions, EPA is notifying the public 
that the Agency is initiating the adequacy process for the Charleston 
and Steubenville-Weirton LMPs. See 40 CFR 93.118(e)(4) for the criteria 
EPA considers, and 40 CFR 93.118(f)(2) for the process EPA follows. 
Since LMPs do not include motor vehicle emissions budgets, in the case 
of an LMP, EPA's adequacy review is to assess whether the demonstration 
required by 40 CFR 93.109(e) is met. Any comments on the adequacy of 
the submitted West Virginia LMPs should be submitted to the dockets 
established for this rulemaking. If EPA approves the second 10-year 
LMPs or finds them adequate, the Charleston and Steubenville-Weirton 
areas will not be required to perform regional emissions analyses but 
must meet project-level conformity analyses requirements as well as the 
other transportation conformity criteria. We will complete the adequacy 
determination process either in the final action on this proposal or by 
notifying the State in writing, publishing a notice in the Federal 
Register and by posting the finding on EPA's adequacy web page. See 40 
CFR 93.118(f).

IV. General Conformity

    The general conformity regulations of November 30, 1993 (58 FR 
63214), as amended, apply within nonattainment areas and redesignated 
attainment areas operating under maintenance plans (i.e., maintenance 
areas). General conformity requires conformity to the purpose of a SIP, 
which means that Federal activities not related to transportation 
plans, programs, and projects (i.e., general Federal activities) will 
not cause or contribute to any new violation of any standard in any 
area, increase the frequency or severity of any existing violation of 
any standard in any area, or delay timely attainment of any standard or 
any required interim emission reductions or other milestones in any 
area (CAA section 176(c)(1)(A) and (1)(B)). As noted in the October 
2022 PM2.5 LMP Guidance (EPA-420-B-22-044), EPA's general 
conformity regulations do not distinguish between maintenance areas 
with an approved ``full maintenance plan'' and those with an approved 
LMP. Thus, maintenance areas with an approved LMP are subject to the 
same general conformity requirements under 40 CFR part 93 subpart B, as 
those covered by a ``full maintenance plan.'' Nothing less than full 
compliance with the general conformity program is required within an 
LMP.

V. Proposed Actions

    EPA is proposing to approve the second 10-year PM2.5 
limited maintenance plan for the Charleston (West Virginia) Area and 
the West Virginia portion of the Steubenville-Weirton (Ohio-West 
Virginia) Area. EPA has reviewed the air quality data for these areas 
and the Agency has determined that: (1) both areas continue to show 
attainment of the PM2.5 NAAQS; and (2) all the LMP 
requirements, as described in this action, have been met.\30\ EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action. If 
finalized, EPA's approval of these LMPs will satisfy the section 175A 
CAA requirements for PM2.5 for the second 10-year 
maintenance period for the Charleston Area and the West Virginia 
portion of the Steubenville-Weirton Area. EPA is also initiating the 
process to determine if the LMPs are adequate for transportation 
conformity purposes. As discussed in Section III of this document, EPA 
may complete that process either in its final action on these LMPs or 
through a separate process provided for in the transportation 
conformity regulations. See 40 CFR 93.118(f).
---------------------------------------------------------------------------

    \30\ EPA finalized approval of the Ohio portion of the 
Steubenville-Weirton Area's second 10-year 2006 24-hour 
PM2.5 LMP on January 22, 2024 (89 FR 3889).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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

[[Page 21230]]

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.''
    WVDEP did not evaluate environmental justice considerations as part 
of either of its SIP submittals; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform E.J. analyses and did not consider E.J. in this proposed 
rulemaking. Due to the nature of the proposed action being taken here, 
this proposed rulemaking is expected to have a neutral to positive 
impact on the air quality of the affected area.
    In addition, this proposed rulemaking, regarding the second 10-year 
limited maintenance plans for the Charleston Area and West Virginia 
portion of the Steubenville-Weirton Area, 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 State, 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, Particulate matter, Reporting and recordkeeping 
requirements.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-06474 Filed 3-26-24; 8:45 am]
BILLING CODE 6560-50-P