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, 21222-21230 [2024-06474]
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Notice of ‘‘Sunshine’’ Meetings.62
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2024–06468 Filed 3–26–24; 8:45 am]
BILLING CODE 6750–01–P
61 See 16 CFR 1.13(d) (‘‘The presiding officer’s
recommended decision will be limited to
explaining the presiding officer’s proposed
resolution of disputed issues of material fact.’’).
62 See 15 U.S.C. 57a(i)(2)(A); 16 CFR 1.18(c).
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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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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.
SUMMARY:
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 SteubenvilleWeirton Area) at www.regulations.gov,
or via email to goold.megan@epa.gov.
For comments submitted at
Regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
For either manner of submission, EPA
may publish any comment received to
its public docket. Do not submit
electronically any information you
consider to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
DATES:
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considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–5787. Ms. Schmitt
can also be reached via electronic mail
at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: 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.
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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
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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.
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
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 (mg/m3) based on a 3-year
average of annual mean PM2.5
concentrations, and the 24-hour (daily)
standard was set at 65 mg/m3 based on
the 3-year average of the annual 98th
percentile values of 24-hour PM2.5
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).
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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concentrations at each populationoriented monitor within an area.3
On October 17, 2006 (71 FR 61144),
EPA retained the annual average
NAAQS at 15.0 mg/m3 but lowered the
level of the 24-hour PM2.5 NAAQS to 35
mg/m3 based on a 3-year average of the
annual 98th percentile values of 24-hour
concentrations.4
On December 14, 2012, EPA
promulgated the 2012 PM2.5 NAAQS,
including lowering the annual standard
to 12.0 mg/m3 based on a 3-year average
of annual mean PM2.5 concentrations.
EPA maintained the 24-hour standard of
35 mg/m3 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 (OhioWest 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
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 24hour 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
3 The primary and secondary standards were set
at the same level for both the 24-hour and the
annual PM2.5 standards.
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 mg/m3 at all relevant monitoring sites in the
subject area, averaged over a 3-year period.
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.
6 See e.g., 70 FR 71612 (November 29, 2005) and
72 FR 20586 (April 25, 2007).
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associated reasonably available control
measures (RACM), reasonable further
progress (RFP) plans, contingency
measures, and other SIP requirements
related to the attainment of the 2006 24hour PM2.5 NAAQS were suspended as
long as the areas continued to attain the
2006 24-hour PM2.5 NAAQS.
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.
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.
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
7 Effective
on April 30, 2014.
on April 17, 2014.
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.
8 Effective
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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
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
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
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.
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%20
Maintenance%20Plan%20Guidance.pdf.
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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.
Per EPA’s transportation conformity
regulations, areas with LMPs must also
‘‘demonstrate that it would be
unreasonable to expect that such an area
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 PM
2.5 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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would experience enough motor vehicle
emissions growth for a violation of the
NAAQS to occur.’’ 17
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
mg/m3.19
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 mg/m3.20 Table 2 in this document
shows the 24-hour PM2.5 NAAQS design
values for 2018–2022 for the West
Virginia portion of the SteubenvilleWeirton Area and presents an ADV of
19.6 mg/m3.
TABLE 1—CHARLESTON AREA 24-HOUR PM2.5 NAAQS DESIGN VALUES
[μg/m3] a
2018
Design value
(2016–2018)
Monitor
Charleston NCore ....................................
South Charleston .....................................
a Data
2019
Design value
(2017–2019)
16
16
2020
Design value
(2018–2020)
15
15
2021
Design value
(2019–2021)
15
14
16
15
2022
Design value
(2020–2022)
16
15
Average of
most recent
3-year design
values
15.6
15
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
[μg/m3] a
2018
Design value
(2016–2018)
Monitor
Follansbee ................................................
Weirton-Marland Heights .........................
Weirton-Summit Circle .............................
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a Data
2019
Design value
(2017–2019)
19
21
19
2020
Design value
(2018–2020)
19
20
19
2021
Design value
(2019–2021)
18
19
18
19
20
19
2022
Design value
(2020–2022)
19
18
18
Average of
most recent
3-year design
values
18.8
19.6
18.6
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
17 See
40 CFR 93.109(e).
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
18 At
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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 mg/m3.
Therefore, the Charleston Area’s ADV
(15.6 mg/m3) falls below the site-specific
CDV of 33.2 mg/m3 and thus meets the
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.
20 An area’s ADV is determined by the monitor
with the highest average of the five most recent 3year design values.
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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 mg/
m3. The West Virginia portion of the
Steubenville-Weirton Area ADV (19.6
mg/m3) falls below the site-specific CDV
of 32.1 mg/m3 and thus meets the first
criterion for LMP eligibility.22
TABLE 3—LMP ELIGIBILITY CALCULATION EQUATIONS AND INPUT
35 μg/m3.
1.533.
15.6 μg/m3.
19.6 μg/m3.
0.548 μg/m3.
1.140 μg/m3.
2006 24-hour PM2.5 NAAQS ...........................................................................................
Critical t-value (tc) ............................................................................................................
Charleston Area ADV ......................................................................................................
Steubenville-Weirton Area (West Virginia portion) ADV .................................................
Standard deviation of Charleston Area design values (2018–2022) ..............................
Standard deviation of West Virginia portion of the Steubenville-Weirton Area design
values (2018–2022).
Coefficient of Variation (CV) ............................................................................................
Charleston Area CV .........................................................................................................
West Virginia portion of the Steubenville-Weirton Area CV ............................................
Critical Design Value (CDV) ............................................................................................
Charleston Area CDV ......................................................................................................
West Virginia portion of the Steubenville-Weirton Area CDV .........................................
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
CV = (standard deviation of sample/ADV).
0.035.
0.0582.
CDV = NAAQS/(1 + (tc × CV).
33.2 μg/m3.
32.1 μg/m3.
components, so we are proposing to
approve these two second LMPs as a
revision to the West Virginia SIP. The
Ohio portion of the SteubenvilleWeirton Area is not addressed in this
proposed rulemaking.23
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 10year 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 5year 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
TABLE 4—CHARLESTON AREA a 2017 ATTAINMENT YEAR EMISSIONS INVENTORY
[tpy] b
PM2.5 c
Sector
Point Sources .......................................................................
Nonpoint (Area) Sources .....................................................
On-road Mobile Sources ......................................................
Nonroad Mobile Sources .....................................................
Event—Fire d ........................................................................
SO2
116
2,330
100
84
325
NOX
5,756
77
18
2
33
VOC
7,855
3,350
3,010
536
67
NH3
1,367
33,705
1,605
1,024
859
73
314
88
1
60
a Includes
emissions from both Kanawha County and Putnam County.
from West Virginia’s 2006 24-hour PM2.5 LMP SIP submission for the Charleston Area.
primary PM2.5.
d Includes emissions from agricultural burning, prescribed fires, wildfires, and other types of fires.
b Taken
c Total
TABLE 5—WEST VIRGINIA PORTION OF THE STEUBENVILLE-WEIRTON AREA a 2017 ATTAINMENT YEAR EMISSIONS
INVENTORY
[tpy] b
PM2.5 c
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Sector
Point Sources .......................................................................
21 See ‘‘CDV Calculations’’ spreadsheet in the
docket for this proposed rulemaking.
22 Id.
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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SO2
144
NOX
345
24 The redesignation request and first 10-year
maintenance plan for both the Charleston Area and
the West Virginia portion of the SteubenvilleWeirton 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).
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VOC
808
NH3
369
10
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 SteubenvilleWeirton 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).
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TABLE 5—WEST VIRGINIA PORTION OF THE STEUBENVILLE-WEIRTON AREA a 2017 ATTAINMENT YEAR EMISSIONS
INVENTORY—Continued
[tpy] b
PM2.5 c
Sector
Nonpoint (Area) Sources .....................................................
On-road Mobile Sources ......................................................
Nonroad Mobile Sources .....................................................
Event—Fire d ........................................................................
SO2
402
13
7
33
NOX
19
2
0.25
3
VOC
551
423
107
6
NH3
4,921
304
105
90
72
11
0.19
6
a Includes
emissions from both Brooke County and Hancock County.
from West Virginia’s 2006 24-hour PM2.5 LMP SIP submissions for the West Virginia portion of the Steubenville-Weirton Area.
primary PM2.5.
d Includes emissions from agricultural burning, prescribed fires, wildfires, and other types of fires.
b Taken
c Total
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.
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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 SteubenvilleWeirton 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.
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.
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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 SteubenvilleWeirton Area throughout the term of the
second 10-year maintenance period.
West Virginia will do this to verify
continued attainment with the 2006 24hour PM2.5 NAAQS, to identify when
contingency provisions are triggered,
and to protect any applicable Prevention
of Significant Deterioration (PSD)
increments.
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
28 See
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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 24hour PM2.5 concentration for a single
calendar year exceeds 35 mg/m3. 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
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of the 98th percentile equaling 35 mg/m3
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 mg/m3 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 SteubenvilleWeirton 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 SteubenvilleWeirton 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.
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 SteubenvilleWeirton 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
NH3 ..........................................................
NOX ..........................................................
PM2.5-PRI a ...............................................
SO2 ..........................................................
VOC .........................................................
a PM
2.5
2005
314
10,184
194
437
6,157
2008
318
7,684
149
182
4,681
2011
146
8,924
297
41
3,721
2014
111
6,143
216
28
2,631
2017
106
6,064
217
26
2,348
2020
88
3,010
100
18
1,605
73
2,523
80
8
827
primary emissions, including condensibles and filterables.
TABLE 7—STEUBENVILLE-WEIRTON ONROAD MOBILE SOURCE EMISSIONS
[tpy]
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2002
NH3 ..........................................................
NOX ..........................................................
PM2.5-PRI a ...............................................
SO2 ..........................................................
VOC .........................................................
a PM
2.5
2005
42
1,053
18
53
862
2008
43
810
14
19
667
2011
19
960
32
5
498
2014
14
609
22
4
421
2017
12
546
18
3
377
primary emissions, including condensibles and filterables.
29 79 FR 17884 (March 31, 2014) and 79 FR 15019
(March 18, 2014).
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11
423
13
2
304
8
191
7
1
139
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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).
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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 SteubenvilleWeirton (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
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).
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21229
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).
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
E:\FR\FM\27MRP1.SGM
27MRP1
21230
Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Proposed Rules
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 10year 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]
khammond on DSKJM1Z7X2PROD with PROPOSALS
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:16 Mar 26, 2024
Jkt 262001
GSARegSec@gsa.gov or 202–501–4755.
Please cite GSAR Case 2020–G512.
SUPPLEMENTARY INFORMATION:
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 552 and 570
[GSAR Case 2020–G512; Docket No. 2024–
0010; Sequence No. 1]
RIN 3090–AK22
General Services Administration
Acquisition Regulation; SAM
Representation for Leases
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Proposed rule.
AGENCY:
GSA is proposing to amend
the General Services Administration
Acquisition Regulation (GSAR) to
remove the requirement for lease
offerors to have an active System for
Award Management (SAM) registration
when submitting offers and instead
allow offers up until the time of award
to obtain an active SAM registration.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before May 28, 2024
to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in
response to GSAR Case 2020–G512 to
https://www.regulations.gov via the
Federal eRulemaking portal by
searching for ‘‘GSAR Case 2020–G512’’.
Select the link ‘‘Comment Now’’ that
corresponds with GSAR Case 2020–
G512. Follow the instructions provided
at the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘GSAR Case 2020–G512’’ on
your attached document. If your
comment cannot be submitted using
https://www.regulations.gov, call or
email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite GSAR Case 2020–G512, in
all correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check https://www.regulations.gov,
approximately two-to-three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Michaela Mastroianni, Procurement
Analyst, or Ms. Amy Lara, Procurement
Analyst, at gsarpolicy@gsa.gov or 816–
926–7172. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at
SUMMARY:
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
I. Background
GSA is proposing to amend the
General Services Administration
Acquisition Regulation (GSAR) to create
a SAM registration provision specific for
the acquisitions of leasehold interests in
real property. This proposed provision
was prompted by the implementation of
FAR Case 2015–005 (see 83 FR 48691),
which clarified the timing of registration
in the System for Award Management
(SAM). Effective October 2018, this FAR
case implemented the requirement for
an offeror to be registered in SAM prior
to the submission of an offer as opposed
to the offerer being registered prior to
award as was previously followed
before the FAR change. While leasing of
real property is not subject to the FAR,
GSA prescribed FAR clause 52.204–7 in
solicitations for the lease of real
property. It found this FAR amendment
had a significant effect on prospective
GSA lessors.
On February 12, 2020, GSA issued a
deviation to the updated FAR clause to
permit the completion of SAM
representation for leases prior to award
instead of prior to offer for leasing
companies. GSA would therefore only
require the apparent awardee to
complete the SAM registration. This
proposed change would codify this
provision in the GSAR.
II. Discussion and Analysis
Upon the implementation of FAR
Case 2015–005, GSA found the change
problematic for the use in real property
leases. Due to the nature of real property
leases, this change created a negative
impact on competition. It is common
practice in real estate transactions for an
offeror to form a separate entity (LLCs)
for each building under their control.
Therefore, owners with multiple
buildings in their portfolio may have to
create a separate SAM registration for
every building they wish to submit for
the Government’s consideration. This
becomes burdensome for property
owners and becomes a deterrent for
property owners to submit offers to the
Government. Additionally, this could
disqualify an offeror from competition
solely based on the lack of SAM
registration. This decreases competition
and does not promote maximum
competition to realize the best value or
cost savings to the Government.
While the representation is important
for FAR based acquisition, the leasing of
real property is not based on the FAR.
The protections that SAM registration
representations provide to the
E:\FR\FM\27MRP1.SGM
27MRP1
Agencies
[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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ See e.g., 70 FR 71612 (November 29, 2005) and 72 FR 20586
(April 25, 2007).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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\.
---------------------------------------------------------------------------
\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\
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Charleston NCore........................................ 16 15 15 16 16 15.6
South Charleston........................................ 16 15 14 15 15 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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\
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\21\ See ``CDV Calculations'' spreadsheet in the docket for this
proposed rulemaking.
\22\ Id.
Table 3--LMP Eligibility Calculation Equations and Input
------------------------------------------------------------------------
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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\
----------------------------------------------------------------------------------------------------------------
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