[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50231-50233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12962]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2023-0381; EPA-R03-OAR-2023-0380; FRL-9822-02-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving state 
implementation plan (SIP) revisions submitted by the State of West 
Virginia through the West Virginia Department of Environmental 
Protection (WVDEP). The revisions pertain to second 10-year limited 
maintenance plans (LMPs) for the 2006 24-hour fine particulate matter 
(PM2.5) national ambient air quality standard (NAAQS). The 
LMPs 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 approving 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 PM2.5 NAAQS through the end 
of their respective second 10-year maintenance periods. In addition, 
EPA is finalizing the process to find the LMPs adequate for 
transportation conformity purposes. EPA is approving these revisions to 
the West Virginia SIP in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This final rule is effective on July 15, 2024.

ADDRESSES: EPA has established dockets for these actions under Docket 
ID No. EPA-R03-OAR-2023-0381 (Charleston Area) and EPA-R03-OAR-2023-
0380 (West Virginia portion of the Steubenville-Weirton Area). All 
documents in the dockets are listed on the www.regulations.gov website. 
Although listed in the index, some information is not publicly 
available, e.g., confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available through www.regulations.gov, 
or please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1600 John F. Kennedy 
Boulevard, Philadelphia,

[[Page 50232]]

Pennsylvania 19103. The telephone number is (215) 814-5787. Ms. Schmitt 
can also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 13, 2009 (74 FR 58688), EPA designated the Charleston 
(West Virginia) Area and the Steubenville-Weirton (Ohio-West Virginia) 
Area as nonattainment for the 2006 24-hour PM2.5 NAAQS.\1\ 
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).
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    \1\ On October 17, 2006 (71 FR 61144), EPA lowered the level of 
the 24-hour PM2.5 NAAQS to 35 [micro]g/m\3\ based on a 3-
year average of the annual 98th percentile values of 24-hour 
concentrations.
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    WVDEP submitted to EPA a redesignation request for the Charleston 
Area on December 6, 2012 and for the West Virginia portion of the 
Steubenville-Weirton Area on June 8, 2012. EPA redesignated the 
Charleston Area and the West Virginia portion of the Steubenville-
Weirton Area to attainment for the 2006 24-hour PM2.5 NAAQS 
on March 31, 2014 (79 FR 17884) and on March 18, 2014 (79 FR 15019), 
respectively, and approved the associated maintenance plans into the 
West Virginia SIP.
    On March 29, 2022, WVDEP, on behalf of the State of West Virginia, 
submitted two LMPs to fulfill the second 10-year planning requirement 
of CAA section 175A(b) to ensure PM2.5 NAAQS compliance for 
the Charleston Area and the West Virginia portion of the Steubenville-
Weirton Area. These LMPs are designed to maintain the 2006 24-hour 
PM2.5 NAAQS within their respective areas through the end of 
the second 10-year portion of the maintenance period beyond 
redesignation or 2034. EPA is approving the plans because they meet all 
applicable requirements under CAA sections 110 and 175A. As a general 
matter, the LMPs rely on the same control measures and contingency 
provisions to maintain the 2006 24-hour PM2.5 NAAQS during 
the second 10-year portion of the maintenance period as the maintenance 
plans submitted by WVDEP for the first 10-year period. On March 27, 
2024 (89 FR 21222), EPA published a notice of proposed rulemaking 
(NPRM) for the State of West Virginia, proposing approval of the LMPs 
because the State made a showing, consistent with EPA's LMP guidance, 
that the areas' PM2.5 concentrations are well below the 2006 
24-hour PM2.5 NAAQS, have been historically stable, and that 
it has met all other maintenance plan requirements.
    Additionally, in the March 27, 2024, action, EPA proposed that the 
LMPs demonstrated that it is unreasonable to expect that these areas 
would experience enough motor vehicle emissions growth for a violation 
of the NAAQS to occur, per EPA's transportation conformity 
regulations.\2\
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    \2\ See 40 CFR 93.109(e).
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    Further explanation of the CAA requirements, a detailed analysis of 
the revisions, and EPA's reasons for proposing approval were provided 
in the NPRM. The public comment period for the proposed rulemaking 
ended on April 26, 2024. EPA received no comments on the proposal and 
is finalizing our action as proposed.

II. Final Action

    In accordance with sections 110(k) and 175A of the CAA, and for the 
reasons set forth in the NPRM, EPA is finalizing approval of West 
Virginia's second 10-year LMPs for the Charleston Area and the West 
Virginia portion of the Steubenville-Weirton Area for the 2006 24-hour 
PM2.5 NAAQS. EPA's review of the air quality data for the 
areas indicate that they continue to show attainment well below the 
level of the 2006 PM2.5 NAAQS and meet all the LMP 
qualifying criteria set forth in the PM2.5 LMP Guidance. EPA 
finds the 2006 24-hour PM2.5 LMPs for the Charleston Area 
and the West Virginia portion of the Steubenville-Weirton Area to be 
sufficient to provide for maintenance of the 2006 24-hour 
PM2.5 NAAQS in their respective areas over the second 10-
year maintenance period, through 2034, and thereby satisfy the 
requirements for such a plan under CAA section 175A(b). EPA is 
approving these second 10-year LMPs and notifying the public that EPA 
finds the LMPs adequate for transportation conformity purposes because 
they meet the adequacy criteria in 40 CFR 93.118(e)(4). After 2024, the 
motor vehicle emissions in these areas may be treated as essentially 
not constraining for the second 10-year maintenance period because EPA 
concludes that it is unreasonable to expect that the area will 
experience enough motor vehicle emissions growth that a violation of 
the PM2.5 NAAQS would result. Therefore, all actions for 
transportation plans and transportation improvement programs that would 
require a transportation conformity determination for the Charleston 
Area or for the West Virginia portion of the Steubenville-Weirton Area 
under EPA's transportation conformity rule provisions are considered to 
have already satisfied the regional emissions analysis requirements in 
40 CFR 93.118. See 40 CFR 93.109(e). The applicable areas will no 
longer be required to perform regional emissions analyses as part of 
the conformity process, but must meet project-level conformity analyses 
requirements as well as other transportation conformity criteria. EPA 
is approving these second maintenance plans as revisions to the West 
Virginia SIP.

III. Statutory and Executive Order Reviews

A. General Requirements

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

[[Page 50233]]

application of those requirements would be inconsistent with the Clean 
Air Act;
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' 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 its SIP submissions; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this final rule. Due to the 
nature of the action being taken here, this rule is expected to have a 
neutral to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 12, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving the Charleston Area LMP and the West 
Virginia portion of the Steubenville-Weirton Area LMP may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2) of the CAA.)

List of Subjects in 40 CFR Part 52

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

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by adding 
the entries for ``2006 24-hour PM2.5 Standard Second 
Maintenance Plan for the West Virginia Portion of the Steubenville-
Weirton OH-WV Area'' and ``2006 24-hour PM2.5 Standard 
Second Maintenance Plan for the Charleston Area'' at the end of the 
table to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP        Applicable                                                    Additional
            revision              geographic area   State  submittal  date  EPA approval date     explanation
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                                                  * * * * * * *
2006 24-hour PM2.5 Standard      Brooke and         March 29, 2022........  June 13, 2024,     2nd maintenance
 Second Maintenance Plan for      Hancock Counties.                          [INSERT FEDERAL    plan (limited
 the West Virginia Portion of                                                REGISTER           maintenance
 the Steubenville-Weirton OH-WV                                              CITATION].         plan).
 Area.
2006 24-hour PM2.5 Standard      Kanawha and        March 29, 2022........  June 13, 2024,     2nd maintenance
 Second Maintenance Plan for      Putnam Counties.                           [INSERT FEDERAL    plan (limited
 the Charleston Area.                                                        REGISTER           maintenance
                                                                             CITATION].         plan).
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[FR Doc. 2024-12962 Filed 6-12-24; 8:45 am]
BILLING CODE 6560-50-P