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, 50231-50233 [2024-12962]
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50231
Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations
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.’’
NCDEQ did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 12, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental Protection, Air
Pollution Control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Ozone, Reporting and Recordkeeping
Requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 4, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart II—North Carolina
2. In § 52.1770 (e), amend the table by
adding a new entry for ‘‘MVEB Revision
to the 2008 8-hour Ozone Maintenance
Plan for the North Carolina portion of
the bi-state Charlotte Area’’ at the end
of the table.
The addition reads as follows:
■
§ 52.1770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective
date
Provision
*
*
*
MVEB Revision to the 2008 8-hour Ozone Maintenance Plan for the
North Carolina portion of the bi-state Charlotte Area.
[FR Doc. 2024–12805 Filed 6–12–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0381; EPA–R03–
OAR–2023–0380; FRL–9822–02–R3]
Air Plan Approval; West Virginia; 2006
24-Hour Fine Particulate Matter Limited
Maintenance Plans for the Charleston
Area and the West Virginia Portion of
the Steubenville-Weirton Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The Environmental Protection
Agency (EPA) is approving state
implementation plan (SIP) revisions
submitted by the State of West Virginia
through the West Virginia Department
of Environmental Protection (WVDEP).
The revisions pertain to second 10-year
SUMMARY:
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*
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EPA approval
date
Federal Register
citation
*
6/13/2024
*
[Insert first page of
Federal Register
citation].
limited maintenance plans (LMPs) for
the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS). The LMPs address
the Charleston, West Virginia area
(Charleston Area) and the West Virginia
portion of the Steubenville-Weirton,
Ohio-West Virginia area (West Virginia
portion of the Steubenville-Weirton
Area). EPA is approving the Charleston
Area LMP and the West Virginia portion
of the Steubenville-Weirton Area LMP
because they provide for the
maintenance of the 2006 24-hour PM2.5
NAAQS through the end of their
respective second 10-year maintenance
periods. In addition, EPA is finalizing
the process to find the LMPs adequate
for transportation conformity purposes.
EPA is approving these revisions to the
West Virginia SIP in accordance with
the requirements of the Clean Air Act
(CAA).
This final rule is effective on July
15, 2024.
ADDRESSES: EPA has established dockets
for these actions under Docket ID No.
DATES:
PO 00000
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Fmt 4700
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Explanation
*
EPA–R03–OAR–2023–0381 (Charleston
Area) and EPA–R03–OAR–2023–0380
(West Virginia portion of the
Steubenville-Weirton Area). All
documents in the dockets are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Boulevard, Philadelphia,
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
Pennsylvania 19103. The telephone
number is (215) 814–5787. Ms. Schmitt
can also be reached via electronic mail
at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 13, 2009 (74 FR 58688),
EPA designated the Charleston (West
Virginia) Area and the SteubenvilleWeirton (Ohio-West Virginia) Area as
nonattainment for the 2006 24-hour
PM2.5 NAAQS.1 See 74 FR 58775
(November 13, 2009) and 40 CFR 81.349
(Charleston, West Virginia) and, also see
40 CFR 81.336 (Steubenville-Weirton,
Ohio) and 40 CFR 81.349 (SteubenvilleWeirton, West Virginia).
WVDEP submitted to EPA a
redesignation request for the Charleston
Area on December 6, 2012 and for the
West Virginia portion of the
Steubenville-Weirton Area on June 8,
2012. EPA redesignated the Charleston
Area and the West Virginia portion of
the Steubenville-Weirton Area to
attainment for the 2006 24-hour PM2.5
NAAQS on March 31, 2014 (79 FR
17884) and on March 18, 2014 (79 FR
15019), respectively, and approved the
associated maintenance plans into the
West Virginia SIP.
On March 29, 2022, WVDEP, on
behalf of the State of West Virginia,
submitted two LMPs to fulfill the
second 10-year planning requirement of
CAA section 175A(b) to ensure PM2.5
NAAQS compliance for the Charleston
Area and the West Virginia portion of
the Steubenville-Weirton Area. These
LMPs are designed to maintain the 2006
24-hour PM2.5 NAAQS within their
respective areas through the end of the
second 10-year portion of the
maintenance period beyond
redesignation or 2034. EPA is approving
the plans because they meet all
applicable requirements under CAA
sections 110 and 175A. As a general
matter, the LMPs rely on the same
control measures and contingency
provisions to maintain the 2006 24-hour
PM2.5 NAAQS during the second 10year portion of the maintenance period
as the maintenance plans submitted by
WVDEP for the first 10-year period. On
March 27, 2024 (89 FR 21222), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
West Virginia, proposing approval of the
LMPs because the State made a
showing, consistent with EPA’s LMP
guidance, that the areas’ PM2.5
concentrations are well below the 2006
1 On October 17, 2006 (71 FR 61144), EPA
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.
VerDate Sep<11>2014
16:10 Jun 12, 2024
Jkt 262001
24-hour PM2.5 NAAQS, have been
historically stable, and that it has met
all other maintenance plan
requirements.
Additionally, in the March 27, 2024,
action, EPA proposed that the LMPs
demonstrated that it is unreasonable to
expect that these areas would
experience enough motor vehicle
emissions growth for a violation of the
NAAQS to occur, per EPA’s
transportation conformity regulations.2
Further explanation of the CAA
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
proposing approval were provided in
the NPRM. The public comment period
for the proposed rulemaking ended on
April 26, 2024. EPA received no
comments on the proposal and is
finalizing our action as proposed.
II. Final Action
In accordance with sections 110(k)
and 175A of the CAA, and for the
reasons set forth in the NPRM, EPA is
finalizing approval of West Virginia’s
second 10-year LMPs for the Charleston
Area and the West Virginia portion of
the Steubenville-Weirton Area for the
2006 24-hour PM2.5 NAAQS. EPA’s
review of the air quality data for the
areas indicate that they continue to
show attainment well below the level of
the 2006 PM2.5 NAAQS and meet all the
LMP qualifying criteria set forth in the
PM2.5 LMP Guidance. EPA finds the
2006 24-hour PM2.5 LMPs for the
Charleston Area and the West Virginia
portion of the Steubenville-Weirton
Area to be sufficient to provide for
maintenance of the 2006 24-hour PM2.5
NAAQS in their respective areas over
the second 10-year maintenance period,
through 2034, and thereby satisfy the
requirements for such a plan under CAA
section 175A(b). EPA is approving these
second 10-year LMPs and notifying the
public that EPA finds the LMPs
adequate for transportation conformity
purposes because they meet the
adequacy criteria in 40 CFR
93.118(e)(4). After 2024, the motor
vehicle emissions in these areas may be
treated as essentially not constraining
for the second 10-year maintenance
period because EPA concludes that it is
unreasonable to expect that the area will
experience enough motor vehicle
emissions growth that a violation of the
PM2.5 NAAQS would result. Therefore,
all actions for transportation plans and
transportation improvement programs
that would require a transportation
conformity determination for the
Charleston Area or for the West Virginia
portion of the Steubenville-Weirton
2 See
PO 00000
40 CFR 93.109(e).
Frm 00028
Fmt 4700
Sfmt 4700
Area under EPA’s transportation
conformity rule provisions are
considered to have already satisfied the
regional emissions analysis
requirements in 40 CFR 93.118. See 40
CFR 93.109(e). The applicable areas will
no longer be required to perform
regional emissions analyses as part of
the conformity process, but must meet
project-level conformity analyses
requirements as well as other
transportation conformity criteria. EPA
is approving these second maintenance
plans as revisions to the West Virginia
SIP.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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application of those requirements would
be inconsistent with the Clean Air Act;
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
WVDEP did not evaluate
environmental justice considerations as
part of its SIP submissions; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
final rule. Due to the nature of the
action being taken here, this rule is
expected to have a neutral to positive
impact on the air quality of the affected
area. Consideration of EJ is not required
as part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 12, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
Name of non-regulatory SIP revision
Applicable geographic area
State
submittal
date
*
*
2006 24-hour PM2.5 Standard Second Maintenance Plan for the
West Virginia Portion of the
Steubenville-Weirton OH–WV
Area.
2006 24-hour PM2.5 Standard Second Maintenance Plan for the
Charleston Area.
*
Brooke and Hancock
Counties.
Kanawha and Putnam Counties.
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
approving the Charleston Area LMP and
the West Virginia portion of the
Steubenville-Weirton Area LMP may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding the entries for
‘‘2006 24-hour PM2.5 Standard Second
Maintenance Plan for the West Virginia
Portion of the Steubenville-Weirton OHWV Area’’ and ‘‘2006 24-hour PM2.5
Standard Second Maintenance Plan for
the Charleston Area’’ at the end of the
table to read as follows:
■
§ 52.2520
*
Identification of plan.
*
*
(e) * * *
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PO 00000
*
Additional
explanation
*
March 29, 2022
*
*
June 13, 2024, [INSERT FEDERAL REGISTER CITATION].
*
2nd maintenance plan (limited maintenance plan).
March 29, 2022
June 13, 2024, [INSERT FEDERAL REGISTER CITATION].
2nd maintenance plan (limited maintenance plan).
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16:10 Jun 12, 2024
*
EPA approval date
[FR Doc. 2024–12962 Filed 6–12–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50231-50233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12962]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0381; EPA-R03-OAR-2023-0380; FRL-9822-02-R3]
Air Plan Approval; West Virginia; 2006 24-Hour Fine Particulate
Matter Limited Maintenance Plans for the Charleston Area and the West
Virginia Portion of the Steubenville-Weirton Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by the State of West
Virginia through the West Virginia Department of Environmental
Protection (WVDEP). The revisions pertain to second 10-year limited
maintenance plans (LMPs) for the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS). The
LMPs address the Charleston, West Virginia area (Charleston Area) and
the West Virginia portion of the Steubenville-Weirton, Ohio-West
Virginia area (West Virginia portion of the Steubenville-Weirton Area).
EPA is approving the Charleston Area LMP and the West Virginia portion
of the Steubenville-Weirton Area LMP because they provide for the
maintenance of the 2006 24-hour PM2.5 NAAQS through the end
of their respective second 10-year maintenance periods. In addition,
EPA is finalizing the process to find the LMPs adequate for
transportation conformity purposes. EPA is approving these revisions to
the West Virginia SIP in accordance with the requirements of the Clean
Air Act (CAA).
DATES: This final rule is effective on July 15, 2024.
ADDRESSES: EPA has established dockets for these actions under Docket
ID No. EPA-R03-OAR-2023-0381 (Charleston Area) and EPA-R03-OAR-2023-
0380 (West Virginia portion of the Steubenville-Weirton Area). All
documents in the dockets are listed on the www.regulations.gov website.
Although listed in the index, some information is not publicly
available, e.g., confidential business information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through www.regulations.gov,
or please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia,
[[Page 50232]]
Pennsylvania 19103. The telephone number is (215) 814-5787. Ms. Schmitt
can also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 13, 2009 (74 FR 58688), EPA designated the Charleston
(West Virginia) Area and the Steubenville-Weirton (Ohio-West Virginia)
Area as nonattainment for the 2006 24-hour PM2.5 NAAQS.\1\
See 74 FR 58775 (November 13, 2009) and 40 CFR 81.349 (Charleston, West
Virginia) and, also see 40 CFR 81.336 (Steubenville-Weirton, Ohio) and
40 CFR 81.349 (Steubenville-Weirton, West Virginia).
---------------------------------------------------------------------------
\1\ On October 17, 2006 (71 FR 61144), EPA lowered the level of
the 24-hour PM2.5 NAAQS to 35 [micro]g/m\3\ based on a 3-
year average of the annual 98th percentile values of 24-hour
concentrations.
---------------------------------------------------------------------------
WVDEP submitted to EPA a redesignation request for the Charleston
Area on December 6, 2012 and for the West Virginia portion of the
Steubenville-Weirton Area on June 8, 2012. EPA redesignated the
Charleston Area and the West Virginia portion of the Steubenville-
Weirton Area to attainment for the 2006 24-hour PM2.5 NAAQS
on March 31, 2014 (79 FR 17884) and on March 18, 2014 (79 FR 15019),
respectively, and approved the associated maintenance plans into the
West Virginia SIP.
On March 29, 2022, WVDEP, on behalf of the State of West Virginia,
submitted two LMPs to fulfill the second 10-year planning requirement
of CAA section 175A(b) to ensure PM2.5 NAAQS compliance for
the Charleston Area and the West Virginia portion of the Steubenville-
Weirton Area. These LMPs are designed to maintain the 2006 24-hour
PM2.5 NAAQS within their respective areas through the end of
the second 10-year portion of the maintenance period beyond
redesignation or 2034. EPA is approving the plans because they meet all
applicable requirements under CAA sections 110 and 175A. As a general
matter, the LMPs rely on the same control measures and contingency
provisions to maintain the 2006 24-hour PM2.5 NAAQS during
the second 10-year portion of the maintenance period as the maintenance
plans submitted by WVDEP for the first 10-year period. On March 27,
2024 (89 FR 21222), EPA published a notice of proposed rulemaking
(NPRM) for the State of West Virginia, proposing approval of the LMPs
because the State made a showing, consistent with EPA's LMP guidance,
that the areas' PM2.5 concentrations are well below the 2006
24-hour PM2.5 NAAQS, have been historically stable, and that
it has met all other maintenance plan requirements.
Additionally, in the March 27, 2024, action, EPA proposed that the
LMPs demonstrated that it is unreasonable to expect that these areas
would experience enough motor vehicle emissions growth for a violation
of the NAAQS to occur, per EPA's transportation conformity
regulations.\2\
---------------------------------------------------------------------------
\2\ See 40 CFR 93.109(e).
---------------------------------------------------------------------------
Further explanation of the CAA requirements, a detailed analysis of
the revisions, and EPA's reasons for proposing approval were provided
in the NPRM. The public comment period for the proposed rulemaking
ended on April 26, 2024. EPA received no comments on the proposal and
is finalizing our action as proposed.
II. Final Action
In accordance with sections 110(k) and 175A of the CAA, and for the
reasons set forth in the NPRM, EPA is finalizing approval of West
Virginia's second 10-year LMPs for the Charleston Area and the West
Virginia portion of the Steubenville-Weirton Area for the 2006 24-hour
PM2.5 NAAQS. EPA's review of the air quality data for the
areas indicate that they continue to show attainment well below the
level of the 2006 PM2.5 NAAQS and meet all the LMP
qualifying criteria set forth in the PM2.5 LMP Guidance. EPA
finds the 2006 24-hour PM2.5 LMPs for the Charleston Area
and the West Virginia portion of the Steubenville-Weirton Area to be
sufficient to provide for maintenance of the 2006 24-hour
PM2.5 NAAQS in their respective areas over the second 10-
year maintenance period, through 2034, and thereby satisfy the
requirements for such a plan under CAA section 175A(b). EPA is
approving these second 10-year LMPs and notifying the public that EPA
finds the LMPs adequate for transportation conformity purposes because
they meet the adequacy criteria in 40 CFR 93.118(e)(4). After 2024, the
motor vehicle emissions in these areas may be treated as essentially
not constraining for the second 10-year maintenance period because EPA
concludes that it is unreasonable to expect that the area will
experience enough motor vehicle emissions growth that a violation of
the PM2.5 NAAQS would result. Therefore, all actions for
transportation plans and transportation improvement programs that would
require a transportation conformity determination for the Charleston
Area or for the West Virginia portion of the Steubenville-Weirton Area
under EPA's transportation conformity rule provisions are considered to
have already satisfied the regional emissions analysis requirements in
40 CFR 93.118. See 40 CFR 93.109(e). The applicable areas will no
longer be required to perform regional emissions analyses as part of
the conformity process, but must meet project-level conformity analyses
requirements as well as other transportation conformity criteria. EPA
is approving these second maintenance plans as revisions to the West
Virginia SIP.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because
[[Page 50233]]
application of those requirements would be inconsistent with the Clean
Air Act;
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
WVDEP did not evaluate environmental justice considerations as part
of its SIP submissions; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this final rule. Due to the
nature of the action being taken here, this rule is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 12, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving the Charleston Area LMP and the West
Virginia portion of the Steubenville-Weirton Area LMP may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (e) is amended by adding
the entries for ``2006 24-hour PM2.5 Standard Second
Maintenance Plan for the West Virginia Portion of the Steubenville-
Weirton OH-WV Area'' and ``2006 24-hour PM2.5 Standard
Second Maintenance Plan for the Charleston Area'' at the end of the
table to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable Additional
revision geographic area State submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2006 24-hour PM2.5 Standard Brooke and March 29, 2022........ June 13, 2024, 2nd maintenance
Second Maintenance Plan for Hancock Counties. [INSERT FEDERAL plan (limited
the West Virginia Portion of REGISTER maintenance
the Steubenville-Weirton OH-WV CITATION]. plan).
Area.
2006 24-hour PM2.5 Standard Kanawha and March 29, 2022........ June 13, 2024, 2nd maintenance
Second Maintenance Plan for Putnam Counties. [INSERT FEDERAL plan (limited
the Charleston Area. REGISTER maintenance
CITATION]. plan).
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[FR Doc. 2024-12962 Filed 6-12-24; 8:45 am]
BILLING CODE 6560-50-P
