Proposed Rule2024-06474
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
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Published
March 27, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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 (PM<INF>2.5</INF>) 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.
Full Text
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<title>Federal Register, Volume 89 Issue 60 (Wednesday, March 27, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
(PM<INF>2.5</INF>) 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, or
via email to <a href="/cdn-cgi/l/email-protection#60070f0f0c044e0d0507010e200510014e070f16"><span class="__cf_email__" data-cfemail="71161e1e1d155f1c1416101f311401105f161e07">[email protected]</span></a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
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
<a href="/cdn-cgi/l/email-protection#fd8e9e9590948989d39891919893bd988d9cd39a928b"><span class="__cf_email__" data-cfemail="8dfeeee5e0e4f9f9a3e8e1e1e8e3cde8fdeca3eae2fb">[email protected]</span></a>.
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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS
B. Designation of PM<INF>2.5</INF> 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 PM<INF>2.5</INF>) and particles
with diameters that are generally 10 micrometers or smaller
(PM<INF>10</INF>). PM<INF>2.5</INF> is one of the ambient pollutants
for which EPA has established health-based standards.
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\1\ For a given air pollutant, ``primary'' national ambient air
quality standards are those determined by EPA as requisite to
protect the public health. ``Secondary'' standards are those
determined by EPA as requisite to protect the public welfare from
any known or anticipated adverse effects associated with the
presence of such air pollutant in the ambient air. CAA section
109(b).
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Fine particulate matter contributes to effects that are harmful to
human health and the environment, including premature mortality,
aggravation of respiratory and cardiovascular disease, decreased lung
function, visibility impairment, and damage to vegetation and
ecosystems. Individuals particularly sensitive to PM<INF>2.5</INF>
exposure include older adults, people with heart and lung disease, and
children. See 78 FR 3086 at 3088 (January 15, 2013). PM<INF>2.5</INF>
can be emitted directly into the atmosphere as a solid or liquid
particle (primary PM<INF>2.5</INF> or direct PM<INF>2.5</INF>) or can
be formed in the atmosphere (secondary PM<INF>2.5</INF>) as a result of
various chemical reactions among precursor pollutants such as nitrogen
oxides (NO<INF>X</INF>), sulfur dioxide (SO<INF>2</INF>), volatile
organic compounds (VOCs), and ammonia (NH<INF>3</INF>).\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 PM<INF>2.5</INF>. The
Agency established primary and secondary annual and 24-hour standards
for PM<INF>2.5</INF>. 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
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> concentrations at each
population-oriented monitor within an area.\3\
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\3\ The primary and secondary standards were set at the same
level for both the 24-hour and the annual PM<INF>2.5</INF>
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
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS are attained when the
annual arithmetic mean concentration, as determined in accordance
with 40 CFR part 50, appendix N, is less than or equal to 35
[micro]g/m\3\ at all relevant monitoring sites in the subject area,
averaged over a 3-year period.
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On December 14, 2012, EPA promulgated the 2012 PM<INF>2.5</INF>
NAAQS, including lowering the annual standard to 12.0 [mu]g/m\3\ based
on a 3-year average of annual mean PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS. See 74 FR 58775 (November 13,
2009) and 40 CFR 81.349 (Charleston, West Virginia) and, also see 40
CFR 81.336 (Steubenville-Weirton, Ohio) and 40 CFR 81.349
(Steubenville-Weirton, West Virginia).\5\
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\5\ On January 15, 2015 (80 FR 2206), EPA designated counties in
these areas as ``unclassifiable/attainment'' for the 2012 primary
annual PM<INF>2.5</INF> NAAQS.
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On November 18, 2011 (76 FR 714503), EPA determined under the
Agency's Clean Data Policy \6\ that the Charleston nonattainment area
had clean data for the 2006 24-hour PM<INF>2.5</INF> NAAQS based upon
quality-assured and certified ambient air monitoring data. The Agency
made a similar clean data determination regarding the 2006 24-hour
PM<INF>2.5</INF> 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
PM<INF>2.5</INF> NAAQS were suspended as long as the areas continued to
attain the 2006 24-hour PM<INF>2.5</INF> NAAQS.
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\6\ See e.g., 70 FR 71612 (November 29, 2005) and 72 FR 20586
(April 25, 2007).
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On December 6, 2012, the State of West Virginia submitted to EPA a
redesignation request and maintenance plan for the Charleston Area. EPA
redesignated the Charleston Area from nonattainment to attainment for
the 2006 24-hour PM<INF>2.5</INF> NAAQS and approved the maintenance
plan for the first 10-year maintenance period on March 31, 2014 (79 FR
17884).\7\ The first 10-year maintenance period for the Charleston Area
will end on April 30, 2024, and the Area's second 10-year maintenance
plan, which is subject of this proposed rulemaking, extends through
April 30, 2034.
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\7\ Effective on April 30, 2014.
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On June 8, 2012, the State of West Virginia submitted to EPA a
redesignation request and maintenance plan for the West Virginia
portion of the Steubenville-Weirton Area from nonattainment to
attainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS. On March 18,
2014 (79 FR 15019), EPA redesignated to attainment the West Virginia
portion of the 2006 24-hour Steubenville-Weirton Area and approved the
maintenance plan for the first 10-year maintenance period.\8\ The first
10-year maintenance period for the West Virginia portion of the
Steubenville-Weirton Area will end on April 17, 2024, and the Area's
second 10-year maintenance plan, which is the subject of this proposed
rulemaking, extends through April 17, 2034.
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\8\ Effective on April 17, 2014.
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C. Limited Maintenance Plans
Section 107(d)(3)(E) of the CAA sets out the requirements for
redesignating a nonattainment area to attainment. One of the criteria
for redesignation is to have an approved maintenance plan under section
175A of the Act. Section 175A requires that nonattainment areas seeking
redesignation to attainment submit ``a revision of the applicable state
implementation plan to provide for the maintenance of the [NAAQS] for
such air pollutant in the area concerned for at least 10 years after
the redesignation.'' \9\ On September 4, 1992, EPA issued guidance on
the content of a maintenance plan (Memorandum from John Calcagni,
Director, Air Quality Management Division, entitled ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' (hereinafter
referred to as the ``Calcagni Memorandum'')) \10\ which explained that
states may meet this requirement to ``provide for the maintenance of
the NAAQS'' by using projected emissions inventories or air quality
modeling showing continued maintenance until the end of the relevant
maintenance period.\11\ EPA clarified in subsequent guidance memoranda
that certain areas could meet the CAA section 175A requirement to
provide for maintenance by demonstrating that the area's design value
was well below the NAAQS and that the historical stability of the
area's air quality levels showed that the area was unlikely to violate
the NAAQS in the future.\12\
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\9\ Eight years into the first maintenance period, the
applicable state or local agency must submit a second maintenance
plan demonstrating that the area will continue to attain for the
following 10-year period.
\10\ The Calcagni Memorandum can be found at <a href="http://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf">www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf</a>.
\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
PM<INF>10</INF> 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 PM<INF>2.5</INF> areas, titled ``Guidance on Limited
Maintenance Plan Option for Moderate PM<INF>2.5</INF> Nonattainment
Areas and PM<INF>2.5</INF> Maintenance Areas'' (PM<INF>2.5</INF> LMP
Guidance).\13\
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\13\ The guidance document titled ``Guidance on the Limited
Maintenance Plan Option for Moderate PM<INF>2.5</INF> Nonattainment
Areas and PM<INF>2.5</INF> Maintenance Areas'' can be found at
<a href="http://www.epa.gov/system/files/documents/2023-03/PM%202.5%20Limited%20Maintenance%20Plan%20Guidance.pdf">www.epa.gov/system/files/documents/2023-03/PM%202.5%20Limited%20Maintenance%20Plan%20Guidance.pdf</a>.
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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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> LMP Guidance relies on the critical
design value (CDV) concept. This guidance describes a process for a
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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
PM<INF>2.5</INF> 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 PM<INF>10</INF>.
\16\ The PM<INF>2.5</INF> Guidance directs states to calculate a
site-specific CDV for the monitoring site in an area with the
highest design value, and also for all other active monitoring sites
in the area with complete data.
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Per EPA's transportation conformity regulations, areas with LMPs
must also ``demonstrate that it would be unreasonable to expect that
such an area
[[Page 21225]]
would experience enough motor vehicle emissions growth for a violation
of the NAAQS to occur.'' \17\
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\17\ See 40 CFR 93.109(e).
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II. Review of SIP Submissions
On March 29, 2022, EPA received two second 10-year maintenance plan
SIP submissions for the 2006 24-hour PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
NAAQS which clarified the Agency's interpretation of how to
calculate a 5-year ADV. West Virginia's 5-year weighted design value
includes the 3-year design values for 2016-2018, 2017-2019, and
2018-2020. The State refers to this as a ``weighted'' 5-year average
design value since data from years 2017 and 2018 are given more
weight (i.e. are included more often).
\19\ Using 85 percent of the NAAQS is a threshold taken from
earlier LMP guidance documents that were specific to other NAAQS.
See ``Limited Maintenance Plan Option for Nonclassifiable Ozone
Nonattainment Areas'' from Sally L. Shaver, Office of Air Quality
Planning and Standards (OAQPS), dated November 16, 1994; and
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
1995.
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After West Virginia submitted its LMP SIP submissions to EPA, the
Agency subsequently provided the updated PM<INF>2.5</INF> LMP Guidance
for PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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
PM<INF>2.5</INF> NAAQS design values for 2018-2022 for the West
Virginia portion of the Steubenville-Weirton Area and presents an ADV
of 19.6 [mu]g/m\3\.
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\20\ An area's ADV is determined by the monitor with the highest
average of the five most recent 3-year design values.
Table 1--Charleston Area 24-Hour PM2.5 NAAQS Design Values
[[mu]g/m\3\] \a\
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Average of
2018 Design 2019 Design 2020 Design 2021 Design 2022 Design most recent 3-
Monitor value (2016- value (2017- value (2018- value (2019- value (2020- year design
2018) 2019) 2020) 2021) 2022) values
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Charleston NCore........................................ 16 15 15 16 16 15.6
South Charleston........................................ 16 15 14 15 15 15
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\a\ Data provided by EPA's Air Quality System (AQS).
Table 2--West Virginia Portion of the Steubenville-Weirton Area 24-Hour PM2.5 NAAQS Design Values
[[mu]g/m\3\] \a\
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Average of
2018 Design 2019 Design 2020 Design 2021 Design 2022 Design most recent 3-
Monitor value (2016- value (2017- value (2018- value (2019- value (2020- year design
2018) 2019) 2020) 2021) 2022) values
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Follansbee.............................................. 19 19 18 19 19 18.8
Weirton-Marland Heights................................. 21 20 19 20 18 19.6
Weirton-Summit Circle................................... 19 19 18 19 18 18.6
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\a\ Data provided by EPA's Air Quality System (AQS).
To calculate the CDV for each area, we used the recent five years
of design values and their variability with the equation presented in
the PM<INF>2.5</INF> LMP guidance. Table 3 in this document shows the
input and results of the LMP eligibility calculations. The resulting
site-specific CDV for the Charleston Area is calculated to be 33.2
[mu]g/m\3\. Therefore, the Charleston Area's ADV (15.6 [mu]g/m\3\)
falls below the site-specific CDV of 33.2 [mu]g/m\3\ and thus meets the
[[Page 21226]]
first criterion for LMP eligibility.\21\ The resulting site-specific
CDV for the West Virginia portion of the Steubenville-Weirton Area is
calculated to be 32.1 [mu]g/m\3\. The West Virginia portion of the
Steubenville-Weirton Area ADV (19.6 [mu]g/m\3\) falls below the site-
specific CDV of 32.1 [mu]g/m\3\ and thus meets the first criterion for
LMP eligibility.\22\
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\21\ See ``CDV Calculations'' spreadsheet in the docket for this
proposed rulemaking.
\22\ Id.
Table 3--LMP Eligibility Calculation Equations and Input
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2006 24-hour PM2.5 NAAQS................ 35 [mu]g/m\3\.
Critical t-value (tc)................... 1.533.
Charleston Area ADV..................... 15.6 [mu]g/m\3\.
Steubenville-Weirton Area (West Virginia 19.6 [mu]g/m\3\.
portion) ADV.
Standard deviation of Charleston Area 0.548 [mu]g/m\3\.
design values (2018-2022).
Standard deviation of West Virginia 1.140 [mu]g/m\3\.
portion of the Steubenville-Weirton
Area design values (2018-2022).
Coefficient of Variation (CV)........... CV = (standard deviation of
sample/ADV).
Charleston Area CV...................... 0.035.
West Virginia portion of the 0.0582.
Steubenville-Weirton Area CV.
Critical Design Value (CDV)............. CDV = NAAQS/(1 + (tc x CV).
Charleston Area CDV..................... 33.2 [mu]g/m\3\.
West Virginia portion of the 32.1 [mu]g/m\3\.
Steubenville-Weirton Area CDV.
------------------------------------------------------------------------
The PM<INF>2.5</INF> LMP Guidance notes that an air agency
submitting an LMP is not required to submit a future year emissions
inventory, but it is still required to submit the other elements of a
maintenance plan--an attainment year emissions inventory, provisions
for continued operation of the monitoring network, verification of
continued attainment, and a contingency plan. The maintenance
demonstration is satisfied by the calculations Table 3 in this document
above. As discussed in further sections of this document, EPA finds
that West Virginia's LMPs for the Charleston Area and the West Virginia
portion of the Steubenville-Weirton Area include all the necessary
components, so we are proposing to approve these two second LMPs as a
revision to the West Virginia SIP. The Ohio portion of the
Steubenville-Weirton Area is not addressed in this proposed
rulemaking.\23\
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\23\ EPA finalized approval of the Ohio portion of the
Steubenville-Weirton Area's second 10-year 2006 24-hour
PM<INF>2.5</INF> LMP on January 22, 2024 (89 FR 3889).
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B. Attainment Emissions Inventories
As noted previously, states that qualify for an LMP must still meet
the other elements of a maintenance plan, as articulated in the
Calcagni Memo. This includes an attainment year emissions inventory.
For the second 10-year maintenance plans for the Charleston Area and
the West Virginia portion of the Steubenville-Weirton Area, West
Virginia provided emissions inventories from the 2017 National
Emissions Inventory (NEI), version 2, which was the most comprehensive
emissions inventory year containing data that was quality assured by
EPA at the time West Virginia was preparing the LMP SIP
submissions.\24\ The 2017 NEI was also representative of the 2016-2022
time period which served as the 5-year period used to demonstrate that
the areas were eligible for an LMP.\25\ Tables 4 and 5 in this document
include the following five categories from the 2017 inventory for
direct PM<INF>2.5</INF> and its precursors (SO<INF>2</INF>,
NO<INF>X</INF>, VOCs, and NH<INF>3</INF>): point sources, nonpoint
(area) sources, on-road mobile sources, nonroad mobile sources, and
fire events.\26\
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\24\ The redesignation request and first 10-year maintenance
plan for both the Charleston Area and the West Virginia portion of
the Steubenville-Weirton Area included a 2008 emissions inventory.
\25\ Each area's design value was calculated by averaging three
years of valid daily means, the average of the last five 3-year
design values includes data from the most recent seven years (2016-
2022).
\26\ A more detailed version of the inventory can be found in
West Virginia's 2006 24-hour PM<INF>2.5</INF> LMP SIP submissions
for the Charleston Area and the West Virginia portion of the
Steubenville-Weirton Area, located in the respective dockets. See
<a href="http://www.regulations.gov">www.regulations.gov</a>, 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> monitors
within the Charleston Area and three PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
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 PM<INF>2.5</INF> 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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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 PM<INF>2.5</INF> 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, PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS when the
98th percentile 24-hour PM<INF>2.5</INF> 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 PM<INF>2.5</INF>, 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 PM<INF>2.5</INF>, SO<INF>2</INF>, and
NO<INF>X</INF> emissions offsets for new and modified major sources,
(4) concrete manufacturing controls, and (5) additional NO<INF>X</INF>
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 PM<INF>2.5</INF> and precursor
NO<INF>X</INF> 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
PM<INF>2.5</INF> or any PM<INF>2.5</INF> precursor.
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\29\ 79 FR 17884 (March 31, 2014) and 79 FR 15019 (March 18,
2014).
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WVDEP has now submitted LMPs for the second 10-year maintenance
period for these PM<INF>2.5</INF> maintenance areas. As mentioned
previously, EPA clarified in the 2022 PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
emissions or any PM<INF>2.5</INF> 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 NH<INF>3</INF>, NO<INF>X</INF>,
PM<INF>2.5</INF>, SO<INF>2</INF>, 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 PM<INF>2.5</INF> 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
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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).
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\30\ EPA finalized approval of the Ohio portion of the
Steubenville-Weirton Area's second 10-year 2006 24-hour
PM<INF>2.5</INF> LMP on January 22, 2024 (89 FR 3889).
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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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.