Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules 73769 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2013–0498; FRL–9903–76– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Approval of the 

Redesignation Requests of the West 

Virginia Portion of the SteubenvilleWeirton, OH-WV Nonattainment Area 

for the 1997 and 2006 Fine Particulate 

Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State of West Virginia’s requests to 

redesignate to attainment the West 

Virginia portion of the SteubenvilleWeirton, OH-WV nonattainment area 

(hereafter ‘‘the Steubenville-Weirton 

Area’’ or ‘‘the Area’’) for both the 1997 

annual and the 2006 24-hour fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS or standards). EPA is also 

proposing to approve as a revision to the 

West Virginia State Implementation 

Plan (SIP), the associated maintenance 

plans to show maintenance of the 1997 

annual and the 2006 24-hour PM2.5

NAAQS through 2025 for the West 

Virginia portion of the Area. West 

Virginia’s maintenance plans include 

insignificance findings for the mobile 

source contribution of PM2.5 and 

nitrogen oxides (NOX) emissions to the 

West Virginia portion of the Area for 

both the 1997 annual and 2006 24-hour 

PM2.5 standards. EPA agrees with these 

insignificance findings, and is 

proposing approval of such findings for 

transportation conformity purposes. In 

addition, EPA is proposing to approve 

the 2008 emissions inventory for the 

West Virginia portion of the Area for the 

2006 24-hour PM2.5 NAAQS. In this 

rulemaking action, EPA also addresses 

the effects of two decisions of the 

United States Court of Appeals for the 

District of Columbia (D.C. Circuit or 

Court): The Court’s August 21, 2012 

decision to vacate and remand to EPA 

the Cross-State Air Pollution Control 

Rule (CSAPR); and the Court’s January 

4, 2013 decision to remand to EPA two 

final rules implementing the 1997 

annual PM2.5 standard. EPA has taken 

separate rulemaking action to approve 

the redesignation of the Ohio portion of 

the Steubenville-Weirton Area for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. These actions are being taken 

under the Clean Air Act. (CAA). 

DATES: Written comments must be 

received on or before January 8, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0498 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0498, 

Cristina Ferna ́ndez, Associate Director, 

Office of Air Quality Planning, Mailcode 

3AP30, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0498. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by e-mail at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA’s Requirements 

A. Criteria for Redesignation to Attainment 

B. Requirements of a Maintenance Plan 

III. Summary of Proposed Actions 

IV. Effects of Recent Court Decisions on 

Proposed Actions 

A. Effect of the August 21, 2012 D.C. 

Circuit Decision Regarding EPA’s CSAPR 

B. Effect of the January 4, 2013 D.C. Circuit 

Decision Regarding PM2.5

Implementation Under Subpart 4 of Part 

D of Title I of the CAA 

V. EPA’s Analysis of West Virginia’s 

Submittals 

A. Redesignation Requests 

B. Maintenance Plans 

C. Transportation Conformity 

Insignificance Determinations 

VI. Proposed Actions 

VII. Statutory and Executive Order Reviews 

I. Background 

The first air quality standards for 

PM2.5 were established on July 16, 1997 

(62 FR 38652, July 18, 1997). EPA 

promulgated an annual standard at a 

level of 15 micrograms per cubic meter 

(mg/m3), based on a three-year average of 

annual mean PM2.5 concentrations (the 

1997 annual PM2.5 standard). In the 

same rulemaking action, EPA 

promulgated a 24-hour standard of 65 

mg/m3, based on a three-year average of 

the 98th percentile of 24-hour 

concentrations. 

On January 5, 2005 (70 FR 944, 1014), 

EPA published air quality area 

designations for the 1997 PM2.5

standards. In that rulemaking action, 

EPA designated the SteubenvilleWeirton Area as nonattainment for the 

1997 annual PM2.5 standard. The 

Steubenville-Weirton Area is comprised 

of Brooke County and Hancock County 

in West Virginia (the West Virginia 

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portion of the Area), and the Jefferson 

County in Ohio. See 40 CFR 81.336 

(Ohio) and 40 CFR 81.349 (West 

Virginia). 

On October 17, 2006 (71 FR 61144), 

EPA retained the annual average 

standard at 15 mg/m3, but revised the 24- 

hour standard to 35 mg/m3, based again 

on the three-year average of the 98th 

percentile of 24-hour concentrations 

(the 2006 annual PM2.5 standard). On 

November 13, 2009 (74 FR 58688), EPA 

published designations for the 2006 24- 

hour PM2.5 NAAQS, which became 

effective on December 14, 2009. In that 

rulemaking action, EPA designated the 

Steubenville-Weirton Area as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS. See 77 FR 58775 and 

also see 40 CFR 81.336 (Ohio) and 40 

CFR 81.349 (West Virginia). 

In response to legal challenges of the 

2006 annual PM2.5 standard, the D.C. 

Circuit remanded this standard to EPA 

for further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Cir. 2009). However, 

given that the 1997 and 2006 annual 

PM2.5 standards are essentially 

identical, attainment of the 1997 annual 

PM2.5 standard would also indicate 

attainment of the remanded 2006 annual 

PM2.5 standard. Since the SteubenvilleWeirton Area is designated 

nonattainment for the 1997 annual and 

2006 24-hour PM2.5 standards, today’s 

proposed rulemaking action addresses 

the redesignation to attainment of the 

West Virginia portion of the 

Steubenville-Weirton Area for these 

standards. 

On September 14, 2011 (76 FR 56641) 

and May 14, 2012 (77 FR 28264), EPA 

made determinations that the entire 

Steubenville-Weirton Area had attained 

the 1997 annual and 2006 24-hour PM2.5

NAAQS, respectively. Pursuant to 40 

CFR 51.1004(c) and based on these 

determinations, the requirements for the 

Steubenville-Weirton Area to submit an 

attainment demonstration and 

associated reasonably available control 

measures (RACM), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning SIPs 

related to the attainment of either the 

1997 annual or 2006 24-hour PM2.5

NAAQS are suspended until such time 

as: The Area is redesignated to 

attainment for each standard, at which 

time the requirements no longer apply; 

or EPA determines that the Area has 

again violated any of the standards, at 

which time such plans are required to 

be submitted. 

On April 13, 2012 and June 8, 2012, 

the West Virginia Department of 

Environmental Protection (WVDEP) 

formally submitted two separate 

requests to redesignate the West 

Virginia portion of the SteubenvilleWeirton Area from nonattainment to 

attainment for the 1997 annual and the 

2006 24-hour PM2.5 NAAQS, 

respectively. Each submittal included a 

maintenance plan as a SIP revision to 

ensure continued attainment of the 

standards throughout the West Virginia 

portion of the Area over the next 10 

years. The June 8, 2012 submittal also 

includes a 2008 comprehensive 

emissions inventory for PM2.5, SO2 and 

NOX for the 2006 24-hour PM2.5

NAAQS, which WVDEP supplemented 

on June 24, 2013 to include emissions 

of VOC and ammonia. 

In this proposed action, EPA is taking 

into account two recent decisions of the 

D.C. Circuit. In the first of the two Court 

decisions, the D.C. Circuit, on August 

21, 2012, issued EME Homer City 

Generation, L.P. v. EPA, 696 F.3d 7 (D.C. 

Cir. 2012), which vacated and remanded 

CSAPR and ordered EPA to continue 

administering the Clean Air Interstate 

Rule (CAIR) ‘‘pending . . . development 

of a valid replacement.’’ EME Homer 

City at 38. The D.C. Circuit denied all 

petitions for rehearing on January 24, 

2013. In the second decision, on January 

4, 2013, in Natural Resources Defense 

Council v. EPA, the D.C. Circuit 

remanded to EPA the ‘‘Final Clean Air 

Fine Particle Implementation Rule’’ (72 

FR 20586, April 25, 2007) and the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ final rule (73 FR 28321, May 

16, 2008). 706 F.3d 428 (D.C. Cir. 2013). 

II. EPA’s Requirements 

A. Criteria for Redesignation to 

Attainment 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation providing that: (1) EPA 

determines that the area has attained the 

applicable NAAQS; (2) EPA has fully 

approved the applicable 

implementation plan for the area under 

section 110(k); (3) EPA determines that 

the improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) EPA has 

fully approved a maintenance plan for 

the area as meeting the requirements of 

section 175A of the CAA; and (5) the 

state containing such area has met all 

requirements applicable to the area 

under section 110 and part D. 

EPA has provided guidance on 

redesignation in the ‘‘State 

Implementation Plans; General 

Preamble for the Implementation of 

Title I of the Clear Air Act Amendments 

of 1990,’’ (57 FR 13498, April 16, 1992) 

(the ‘‘General Preamble’’) and has 

provided further guidance on processing 

redesignation requests in the following 

documents: (1) ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, 

September 4, 1992 (hereafter the ‘‘1992 

Calcagni Memorandum’’); (2) ‘‘State 

Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(CAA) Deadlines,’’ Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, October 28, 1992; 

and (3) ‘‘Part D New Source Review 

(Part D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

B. Requirements of a Maintenance Plan 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after approval of a redesignation of 

an area to attainment. Eight years after 

the redesignation, the state must submit 

a revised maintenance plan 

demonstrating that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain such 

contingency measures, with a schedule 

for implementation, as EPA deems 

necessary to assure prompt correction of 

any future PM2.5 violations. 

The 1992 Calcagni Memorandum 

provides additional guidance on the 

content of a maintenance plan. The 

memorandum states that a PM2.5

maintenance plan should address the 

following provisions: (1) An attainment 

emissions inventory; (2) a maintenance 

demonstration showing maintenance for 

10 years; (3) a commitment to maintain 

the existing monitoring network; (4) 

Verification of continued attainment; 

and (5) a contingency plan to prevent or 

correct future violations of the NAAQS. 

III. Summary of Proposed Actions 

EPA is proposing to take several 

rulemaking actions related to the 

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redesignation of the West Virginia 

portion of the Steubenville-Weirton 

Area to attainment for both the 1997 

annual and the 2006 24-hour PM2.5

NAAQS. EPA is proposing to find that 

the West Virginia portion of the Area 

meets the requirements for 

redesignation of the 1997 annual and 

the 2006 24-hour PM2.5 NAAQS under 

section 107(d)(3)(E) of the CAA. EPA is 

thus proposing to approve West 

Virginia’s requests to change the legal 

designation of the West Virginia portion 

of the Area from nonattainment to 

attainment for both the 1997 annual and 

2006 24-hour PM2.5 NAAQS. This 

rulemaking action does not impact the 

legal designation of the Ohio portion of 

the Steubenville-Weirton Area. EPA has 

taken separate rulemaking action to 

redesignate to attainment the Ohio 

portion of the Area for both the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

(September 18, 2013, 78 FR 57273) 

EPA is also proposing to approve the 

associated maintenance plans for the 

West Virginia portion of the Area as 

revisions to the West Virginia SIP for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS, including the insignificance 

determinations for PM2.5 and NOX for 

the onroad mobile source contribution 

of the West Virginia portion of the Area 

for both the 1997 annual and the 2006 

24-hour PM2.5 standards. The approval 

of the maintenance plans is one of the 

CAA criteria for redesignation of the 

West Virginia portion of the Area to 

attainment for both standards. West 

Virginia’s maintenance plans are 

designed to ensure continued 

attainment in the West Virginia portion 

of the Area of the 1997 annual and 2006 

24-hour PM2.5 standards, respectively, 

for 10 years after redesignation. 

EPA previously determined that the 

Steubenville-Weirton Area has attained 

both the 1997 annual and 2006 24-hour 

PM2.5 NAAQS, and EPA is proposing to 

find that the Area continues to attain 

both standards. Furthermore, under 

section 172(c)(3) of the CAA, EPA is 

proposing to approve the 2008 

comprehensive emissions inventory for 

the West Virginia portion of the Area as 

part of West Virginia’s SIP for the 2006 

24-hour PM2.5 NAAQS. EPA’s analysis 

of the proposed actions is provided in 

section V. of today’s proposed 

rulemaking action. 

IV. Effects of Recent Court Decisions on 

Proposed Actions 

A. Effect of the August 21, 2012 D.C. 

Circuit Decision Regarding EPA’s 

CSAPR 

1. Background 

EPA recently promulgated CSAPR (76 

FR 48208, August 8, 2011), to replace 

CAIR, which has been in place since 

2005. See 76 FR 59517. CAIR requires 

significant reductions in emissions of 

SO2 and NOX from electric generating 

units to limit the interstate transport of 

these pollutants and the ozone and fine 

particulate matter they form in the 

atmosphere. See 76 FR 70093. The D.C. 

Circuit initially vacated CAIR, North 

Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), but ultimately remanded the rule 

to EPA without vacatur to preserve the 

environmental benefits provided by 

CAIR, North Carolina v. EPA, 550 F.3d 

1176, 1178 (D.C. Cir. 2008). 

On December 30, 2011, the D.C. 

Circuit issued an order addressing the 

status of CSAPR and CAIR in response 

to motions filed by numerous parties 

seeking a stay of CSAPR pending 

judicial review. In that order, the Court 

stayed CSAPR pending resolution of the 

petitions for review of that rule in EME 

Homer City Generation, L.P. v. EPA (No. 

11–1302 and consolidated cases). The 

Court also indicated that EPA was 

expected to continue to administer 

CAIR in the interim until judicial 

review of CSAPR was completed. 

On August 21, 2012, the D.C. Circuit 

issued a decision to vacate CSAPR. In 

that decision, it also ordered EPA to 

continue administering CAIR ‘‘pending 

the promulgation of a valid 

replacement.’’ EME Homer City, 696 

F.3d at 38 (D.C. Circ. 2012). The D.C. 

Circuit denied all petitions for rehearing 

on January 24, 2013. EPA and other 

parties have filed petitions for certiorari 

to the U.S. Supreme Court. On June 24, 

2013 the Supreme Court granted EPA’s 

petition for certiorari. Nonetheless, EPA 

intends to continue to act in accordance 

with the EME Homer City opinion. 

2. Proposal on This Issue 

In light of these unique circumstances 

and for the reasons explained 

subsequently, to the extent that 

attainment is due to emission 

reductions associated with CAIR, EPA is 

hereby proposing to determine that 

those reductions are sufficiently 

permanent and enforceable for purposes 

of CAA sections 107(d)(3)(E)(iii) and 

175A. EPA, therefore, proposes to 

approve the redesignation requests and 

the related SIP revision for Brooke and 

Hancock Counties in West Virginia, 

including West Virginia’s plan for 

maintaining attainment of the 1997 

annual and 2006 24-hour PM2.5

standards in the West Virginia portion 

of the Steubenville-Weirton Area. 

As directed by the D.C. Circuit, CAIR 

remains in place and enforceable until 

substituted by a valid replacement rule. 

West Virginia’s SIP revision lists CAIR 

as a control measure that was approved 

by EPA on August 6, 2009 (74 FR 38536) 

and became state-effective on May 1, 

2008 for the purpose of reducing SO2

and NOX emissions. CAIR was thus in 

place and getting emission reductions 

when the Steubenville-Weirton Area 

monitored attainment of the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

The quality-assured, quality-controlled, 

certified monitoring data used to 

demonstrate the Area’s attainment of 

both the 1997 annual and 2006 24-hour 

PM2.5 NAAQS was also impacted by 

CAIR. 

To the extent that West Virginia is 

relying on CAIR in its maintenance 

plan, the recent directive from the D.C. 

Circuit in EME Homer City ensures that 

the reductions associated with CAIR 

will be permanent and enforceable for 

the necessary time period. EPA has been 

ordered by the Court to develop a new 

rule to address interstate transport to 

replace CSAPR, and the opinion makes 

clear that after promulgating that new 

rule EPA must provide states an 

opportunity to draft and submit SIPs to 

implement that rule. Thus, CAIR will 

remain in place until: (1) EPA has 

promulgated a final rule through a 

notice-and-comment rulemaking 

process; (2) states have had an 

opportunity to draft and submit SIPs; (3) 

EPA has reviewed the SIPs to determine 

if they can be approved; and (4) EPA has 

taken action on the SIPs, including 

promulgating a Federal Implementation 

Plan (FIP) if appropriate. The Court’s 

clear instruction to EPA that it must 

continue to administer CAIR until a 

valid replacement exists provides an 

additional backstop: By definition, any 

rule that replaces CAIR and meets the 

Court’s direction would require upwind 

states to have SIPs that eliminate 

significant contributions to downwind 

nonattainment and prevent interference 

with maintenance in downwind areas. 

Further, in vacating CSAPR and 

requiring EPA to continue administering 

CAIR, the D.C. Circuit emphasized that 

the consequences of vacating CAIR 

‘‘might be more severe now in light of 

the reliance interests accumulated over 

the intervening four years.’’ EME Homer 

City, 696 F.3d at 38. The accumulated 

reliance interests include the interests of 

states who reasonably assumed they 

could rely on reductions associated with 

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73772 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules 

1Applicable requirements of the CAA that come 

due subsequent to the area’s submittal of a complete 

redesignation request remain applicable until a 

redesignation is approved, but are not required as 

a prerequisite to redesignation. Section 175A(c) of 

the CAA. 

CAIR which brought certain 

nonattainment areas into attainment 

with the NAAQS. If EPA were 

prevented from relying on reductions 

associated with CAIR in redesignation 

actions, states would be forced to 

impose additional, redundant 

reductions on top of those achieved by 

CAIR. EPA believes this is precisely the 

type of irrational result the court sought 

to avoid by ordering EPA to continue 

administering CAIR. For these reasons 

also, EPA believes it is appropriate to 

allow states to rely on CAIR, and the 

existing emissions reductions achieved 

by CAIR, as sufficiently permanent and 

enforceable for purposes such as 

redesignation. Following promulgation 

of the replacement rule, EPA will 

review SIP revisions as appropriate to 

identify whether there are any issues 

that need to be addressed. 

B. Effect of the January 4, 2013 D.C. 

Circuit Decision Regarding PM2.5

Implementation Under Subpart 4 of Part 

D of Title I of the CAA 

1. Background 

As discussed previously, on January 

4, 2013, in Natural Resources Defense 

Council (NRDC) v. EPA, the D.C. Circuit 

remanded to EPA the ‘‘Final Clean Air 

Fine Particle Implementation Rule’’ (72 

FR 20586, April 25, 2007) and the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ final rule (73 FR 28321, May 

16, 2008) (collectively, ‘‘1997 PM2.5

Implementation Rule’’). 706 F.3d 428 

(D.C. Cir. 2013). The Court found that 

EPA erred in implementing the 1997 

annual PM2.5 NAAQS pursuant to the 

general implementation provisions of 

subpart 1 of part D of Title I of the CAA 

(subpart 1), rather than the particulatematter-specific provisions of subpart 4 

of Part D of Title I (subpart 4). Although 

the Court did not directly address the 

2006 24-hour PM2.5 standard, EPA is 

taking into account the Court’s position 

on subpart 4 and the 1997 annual PM2.5

standard in evaluating redesignations 

for the 2006 24-hour PM2.5 standard. 

2. Proposal on This Issue 

EPA is proposing to determine that 

the Court’s January 4, 2013 decision 

does not prevent EPA from 

redesignating the West Virginia portion 

of the Steubenville-Weirton Area to 

attainment for either the 1997 annual or 

the 2006 24-hour PM2.5 NAAQS. Even in 

light of the Court’s decision, 

redesignation for this Area is 

appropriate under the CAA and EPA’s 

longstanding interpretations of the 

CAA’s provisions regarding 

redesignation. EPA first explains its 

longstanding interpretation that 

requirements that are imposed, or that 

become due, after a complete 

redesignation request is submitted for 

an area that is attaining the standard, are 

not applicable for purposes of 

evaluating a redesignation request. 

Second, EPA then shows that, even if 

EPA applies the subpart 4 requirements 

to the West Virginia redesignation 

requests and disregards the provisions 

of its 1997 PM2.5 Implementation Rule 

recently remanded by the Court, the 

State’s request for redesignation of the 

Area still qualifies for approval. EPA’s 

discussion takes into account the effect 

of the Court’s ruling on the Area’s 

maintenance plan, which EPA views as 

approvable when subpart 4 

requirements are considered. 

a. Applicable Requirements for 

Purposes of Evaluating the 

Redesignation Requests 

With respect to the 1997 PM2.5

Implementation Rule, the Court’s 

January 4, 2013 ruling rejected EPA’s 

reasons for implementing the PM2.5

NAAQS solely in accordance with the 

provisions of subpart 1, and remanded 

that matter to EPA, so that it could 

address implementation of the 1997 

annual PM2.5 NAAQS under subpart 4, 

in addition to subpart 1. For the 

purposes of evaluating the West 

Virginia’s redesignation request for the 

West Virginia portion of the Area, to the 

extent that implementation under 

subpart 4 would impose additional 

requirements for areas designated 

nonattainment, EPA believes that those 

requirements are not ‘‘applicable’’ for 

the purposes of CAA section 

107(d)(3)(E), and thus EPA is not 

required to consider subpart 4 

requirements with respect to the 

redesignation of the West Virginia 

portion of the Steubenville-Weirton 

Area. Under its longstanding 

interpretation of the CAA, EPA has 

interpreted section 107(d)(3)(E) to mean, 

as a threshold matter, that the part D 

provisions which are ‘‘applicable’’ and 

which must be approved in order for 

EPA to redesignate an area include only 

those which came due prior to a state’s 

submittal of a complete redesignation 

request. See 1992 Calcagni 

Memorandum. See also ‘‘State 

Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) on or after 

November 15, 1992,’’ Memorandum 

from Michael Shapiro, Acting Assistant 

Administrator, Air and Radiation, 

September 17, 1993 (Shapiro 

memorandum); Final Redesignation of 

Detroit-Ann Arbor, (60 FR 12459, 

12465–66, March 7, 1995); Final 

Redesignation of St. Louis, Missouri, (68 

FR 25418, 25424–27, May 12, 2003); 

Sierra Club v. EPA, 375 F.3d 537, 541 

(7th Cir. 2004) (upholding EPA’s 

redesignation rulemaking applying this 

interpretation and expressly rejecting 

Sierra Club’s view that the meaning of 

‘‘applicable’’ under the statute is 

‘‘whatever should have been in the plan 

at the time of attainment rather than 

whatever actually was in the plan and 

already implemented or due at the time 

of attainment’’).1 In this case, at the time 

that West Virginia submitted its 

redesignation requests for both 

standards, the requirements under 

subpart 4 were not due, and indeed, 

were not yet known to apply. 

EPA’s view that, for purposes of 

evaluating the redesignation of the West 

Virginia portion of the SteubenvilleWeirton Area, the subpart 4 

requirements were not due at the time 

West Virginia submitted the 

redesignation requests is in keeping 

with the EPA’s interpretation of subpart 

2 requirements for subpart 1 ozone areas 

redesignated subsequent to the D.C. 

Circuit’s decision in South Coast Air 

Quality Mgmt. Dist. v. EPA, 472 F.3d 

882 (D.C. Cir. 2006). In South Coast, the 

Court found that EPA was not permitted 

to implement the 1997 8-hour ozone 

standard solely under subpart 1, and 

held that EPA was required under the 

statute to implement the standard under 

the ozone-specific requirements of 

subpart 2 as well. Subsequent to the 

South Coast decision, in evaluating and 

acting upon redesignation requests for 

the 1997 8-hour ozone standard that 

were submitted to EPA for areas under 

subpart 1, EPA applied its longstanding 

interpretation of the CAA that 

‘‘applicable requirements,’’ for purposes 

of evaluating a redesignation, are those 

that had been due at the time the 

redesignation request was submitted. 

See, e.g., Proposed Redesignation of 

Manitowoc County and Door County 

Nonattainment Areas (75 FR 22047, 

22050, April 27, 2010). In those actions, 

EPA, therefore, did not consider subpart 

2 requirements to be ‘‘applicable’’ for 

the purposes of evaluating whether the 

area should be redesignated under 

section 107(d)(3)(E). 

EPA’s interpretation derives from the 

provisions of section 107(d)(3). Section 

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2Sierra Club v. Whitman was discussed and 

distinguished in a recent D.C. Circuit decision that 

addressed retroactivity in a quite different context, 

where, unlike the situation here, EPA sought to give 

its regulations retroactive effect. National 

Petrochemical and Refiners Ass’n v. EPA. 630 F.3d 

145, 163 (D.C. Cir. 2010), rehearing denied 643 F.3d 

958 (D.C. Cir. 2011), cert denied 132 S. Ct. 571 

(2011). 

3PM10 refers to particulates nominally 10 

micrometers in diameter or smaller. 

107(d)(3)(E)(v) states that, for an area to 

be redesignated, a state must meet ‘‘all 

requirements ‘applicable’ to the area 

under section 110 and part D.’’ Section 

107(d)(3)(E)(ii) provides that the EPA 

must have fully approved the 

‘‘applicable’’ SIP for the area seeking 

redesignation. These two sections read 

together support EPA’s interpretation of 

‘‘applicable’’ as only those requirements 

that came due prior to submission of a 

complete redesignation request. First, 

holding states to an ongoing obligation 

to adopt new CAA requirements that 

arose after the state submitted its 

redesignation request, in order to be 

redesignated, would make it 

problematic or impossible for EPA to act 

on redesignation requests in accordance 

with the 18-month deadline Congress 

set for EPA action in section 

107(d)(3)(D). If ‘‘applicable 

requirements’’ were interpreted to be a 

continuing flow of requirements with no 

reasonable limitation, states, after 

submitting a redesignation request, 

would be forced continuously to make 

additional SIP submissions that in turn 

would require EPA to undertake further 

notice-and-comment rulemaking actions 

to act on those submissions. This would 

create a regime of unceasing rulemaking 

that would delay action on the 

redesignation request beyond the 18- 

month timeframe provided by the CAA 

for this purpose. 

Second, a fundamental premise for 

redesignating a nonattainment area to 

attainment is that the area has attained 

the relevant NAAQS due to emission 

reductions from existing controls. Thus, 

an area for which a redesignation 

request has been submitted would have 

already attained the NAAQS as a result 

of satisfying statutory requirements that 

came due prior to the submission of the 

request. Absent a showing that 

unadopted and unimplemented 

requirements are necessary for future 

maintenance, it is reasonable to view 

the requirements applicable for 

purposes of evaluating the redesignation 

request as including only those SIP 

requirements that have already come 

due. These are the requirements that led 

to attainment of the NAAQS. To require, 

for redesignation approval, that a state 

also satisfy additional SIP requirements 

coming due after the state submits its 

complete redesignation request, and 

while EPA is reviewing it, would 

compel the state to do more than is 

necessary to attain the NAAQS, without 

a showing that the additional 

requirements are necessary for 

maintenance. 

In the context of this redesignation, 

the timing and nature of the Court’s 

January 4, 2013 decision in NRDC v. 

EPA compound the consequences of 

imposing requirements that come due 

after the redesignation request is 

submitted. West Virginia submitted its 

two redesignation requests for the 1997 

annual and the 2006 24-hour PM2.5

NAAQS on April 12, 2012 and June 12, 

2012, respectively, but the Court did not 

issue its decision remanding EPA’s 1997 

PM2.5 Implementation Rule concerning 

the applicability of the provisions of 

subpart 4 until January 2013. 

To require West Virginia’s fullycompleted and pending redesignation 

requests for both the 1997 annual and 

the 2006 24-hour PM2.5 NAAQS to 

comply now with requirements of 

subpart 4 that the Court announced only 

in its January, 2013 decision on the 

1997 PM2.5 Implementation Rule, would 

be to give retroactive effect to such 

requirements when the State had no 

notice that it was required to meet them. 

The D.C. Circuit recognized the inequity 

of this type of retroactive impact in 

Sierra Club v. Whitman, 285 F.3d 63 

(D.C. Cir. 2002),2 where it upheld the 

District Court’s ruling refusing to make 

retroactive EPA’s determination that the 

St. Louis area did not meet its 

attainment deadline. In that case, 

petitioners urged the Court to make 

EPA’s nonattainment determination 

effective as of the date that the statute 

required, rather than the later date on 

which EPA actually made the 

determination. The Court rejected this 

view, stating that applying it ‘‘would 

likely impose large costs on States, 

which would face fines and suits for not 

implementing air pollution prevention 

plans * * * even though they were not 

on notice at the time.’’ Id. at 68. 

Similarly, it would be unreasonable to 

penalize the State of West Virginia by 

rejecting its redesignation request for an 

area that is already attaining both the 

1997 annual and 2006 24-hour PM2.5

standards and that met all applicable 

requirements known to be in effect at 

the time of the requests. For EPA now 

to reject the redesignation requests 

solely because the State did not 

expressly address subpart 4 

requirements of which it had no notice, 

would inflict the same unfairness 

condemned by the Court in Sierra Club 

v. Whitman. 

b. Subpart 4 Requirements and West 

Virginia Redesignation Requests 

Even if EPA were to take the view that 

the Court’s January 4, 2013 decision 

requires that, in the context of pending 

redesignations for either the 1997 

annual or 2006 24-hour PM2.5 standards, 

subpart 4 requirements were due and in 

effect at the time West Virginia 

submitted its redesignation requests, 

EPA proposes to determine that the 

West Virginia portion of the 

Steubenville-Weirton Area still qualifies 

for redesignation to attainment for both 

the 1997 annual and 2006 24-hour PM2.5

standards. As explained subsequently, 

EPA believes that the two redesignation 

requests for the West Virginia portion of 

the Steubenville-Weirton Area, though 

not expressed in terms of subpart 4 

requirements, substantively meet the 

requirements of that subpart for 

purposes of redesignating the West 

Virginia portion of the Area to 

attainment for both standards. 

With respect to evaluating the 

relevant substantive requirements of 

subpart 4 for purposes of redesignating 

the West Virginia portion of the 

Steubenville-Weirton Area, EPA notes 

that subpart 4 incorporates components 

of subpart 1 of part D, which contains 

general air quality planning 

requirements for areas designated as 

nonattainment. See section 172(c). 

Subpart 4 itself contains specific 

planning and scheduling requirements 

for coarse particulate matter (PM10) 3

nonattainment areas, and under the 

Court’s January 4, 2013 decision in 

NRDC v. EPA, these same statutory 

requirements also apply for PM2.5

nonattainment areas. EPA has 

longstanding general guidance that 

interprets the 1990 amendments to the 

CAA, making recommendations to states 

for meeting the statutory requirements 

for SIPs for nonattainment areas. See, 

the General Preamble. In the General 

Preamble, EPA discussed the 

relationship of subpart 1 and subpart 4 

SIP requirements, and pointed out that 

subpart 1 requirements were to an 

extent ‘‘subsumed by, or integrally 

related to, the more specific PM10

requirements’’ (57 FR 13538, April 16, 

1992). The subpart 1 requirements 

include, among other things, provisions 

for attainment demonstrations, RACM, 

RFP, emissions inventories, and 

contingency measures. 

For the purposes of these 

redesignation requests, in order to 

identify any additional requirements 

which would apply under subpart 4, 

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4The potential effect of section 189(e) on section 

189(a)(1)(A) for purposes of evaluating these 

redesignation requests is discussed in this 

rulemaking action. 

5 I.e., attainment demonstration, RFP, RACM, 

milestone requirements, contingency measures. 

6As EPA has explained previously, we do not 

believe that the Court’s January 4, 2013 decision 

should be interpreted so as to impose these 

requirements on the states retroactively. Sierra Club 

v. Whitman, supra. 

Weirton Area to be a ‘‘moderate’’ PM2.5

nonattainment area. Under section 188 

of the CAA, all areas designated 

nonattainment areas under subpart 4 

would initially be classified by 

operation of law as ‘‘moderate’’ 

nonattainment areas, and would remain 

moderate nonattainment areas unless 

and until EPA reclassifies the area as a 

‘‘serious’’ nonattainment area. 

Accordingly, EPA believes that it is 

appropriate to limit the evaluation of 

the potential impact of subpart 4 

requirements to those that would be 

applicable to moderate nonattainment 

areas. Sections 189(a) and (c) of subpart 

4 apply to moderate nonattainment 

areas and include the following: (1) An 

approved permit program for 

construction of new and modified major 

stationary sources (section 189(a)(1)(A)); 

(2) an attainment demonstration (section 

189(a)(1)(B)); (3) provisions for RACM 

(section 189(a)(1)(C)); and (4) 

quantitative milestones demonstrating 

RFP toward attainment by the 

applicable attainment date (section 

189(c)). 

The permit requirements of subpart 4, 

as contained in section 189(a)(1)(A), 

refer to and apply the subpart 1 permit 

provisions requirements of sections 172 

and 173 to PM10, without adding to 

them. Consequently, EPA believes that 

section 189(a)(1)(A) does not itself 

impose for redesignation purposes any 

additional requirements for moderate 

areas beyond those contained in subpart 

1.4 In any event, in the context of 

redesignation, EPA has long relied on 

the interpretation that a fully approved 

nonattainment new source review 

program is not considered an applicable 

requirement for redesignation, provided 

the area can maintain the standard with 

a prevention of significant deterioration 

(PSD) program after redesignation. A 

detailed rationale for this view is 

described in a memorandum from Mary 

Nichols, Assistant Administrator for Air 

and Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ See also 

rulemakings for Detroit, Michigan (60 

FR 12467–12468, March 7, 1995); 

Cleveland-Akron-Lorain, Ohio (61 FR 

20458, 20469–20470, May 7, 1996); 

Louisville, Kentucky (66 FR 53665, 

October 23, 2001); and Grand Rapids, 

Michigan (61 FR 31834–31837, June 21, 

1996). 

With respect to the specific 

attainment planning requirements under 

subpart 4,5 when EPA evaluates a 

redesignation request under either 

subpart 1 and/or 4, any area that is 

attaining the PM2.5 standards is viewed 

as having satisfied the attainment 

planning requirements for these 

subparts. For redesignations, EPA has 

for many years interpreted attainmentlinked requirements as not applicable 

for areas attaining the standard. In the 

General Preamble, EPA stated that, ‘‘The 

requirements for RFP will not apply in 

evaluating a request for redesignation to 

attainment since, at a minimum, the air 

quality data for the area must show that 

the area has already attained. Showing 

that the State will make RFP towards 

attainment will, therefore, have no 

meaning at that point.’’ 

The General Preamble also explained 

that, ‘‘[t]he section 172(c)(9) 

requirements are directed at ensuring 

RFP and attainment by the applicable 

date. These requirements no longer 

apply when an area has attained the 

standard and is eligible for 

redesignation. Furthermore, section 

175A for maintenance plans . . . 

provides specific requirements for 

contingency measures that effectively 

supersede the requirements of section 

172(c)(9) for these areas.’’ Id. EPA 

similarly stated in its 1992 Calcagni 

Memorandum that, ‘‘The requirements 

for reasonable further progress and other 

measures needed for attainment will not 

apply for redesignations because they 

only have meaning for areas not 

attaining the standard.’’ 

It is evident that even if we were to 

consider the Court’s January 4, 2013 

decision in NRDC v. EPA to mean that 

attainment-related requirements specific 

to subpart 4 should be imposed 

retroactively 6 and thus are now past 

due, those requirements do not apply to 

an area that is attaining the 1997 annual 

and/or the 2006 24-hour PM2.5 NAAQS, 

for the purpose of evaluating a pending 

request to redesignate the area to 

attainment. EPA has consistently 

enunciated this interpretation of 

applicable requirements under section 

107(d)(3)(E) since the General Preamble 

was published more than twenty years 

ago. Courts have recognized the scope of 

EPA’s authority to interpret ‘‘applicable 

requirements’’ in the redesignation 

context. See Sierra Club v. EPA, 375 

F.3d 537 (7th Cir. 2004). 

Moreover, even outside the context of 

redesignations, EPA has viewed the 

obligations to submit attainment-related 

SIP planning requirements of subpart 4 

as inapplicable for areas that EPA 

determines are attaining the 1997 

annual and/or the 2006 24-hour PM2.5

standard. EPA’s prior ‘‘Clean Data 

Policy’’ rulemakings for the PM10

NAAQS, also governed by the 

requirements of subpart 4, explain 

EPA’s reasoning. They describe the 

effects of a determination of attainment 

on the attainment-related SIP planning 

requirements of subpart 4. See 

‘‘Determination of Attainment for Coso 

Junction Nonattainment Area,’’ (75 FR 

27944, May 19, 2010). See also Coso 

Junction Proposed PM10 Redesignation, 

(75 FR 36023, 36027, June 24, 2010); 

Proposed and Final Determinations of 

Attainment for San Joaquin 

Nonattainment Area (71 FR 40952, 

40954–55, July 19, 2006 and 71 FR 

63641, 63643–47, October 30, 2006). In 

short, EPA in this context has also long 

concluded that to require states to meet 

superfluous SIP planning requirements 

is not necessary and not required by the 

CAA, so long as those areas continue to 

attain the relevant NAAQS. 

Elsewhere in this notice, EPA 

proposes to determine that the 

Steubenville-Weirton Area has attained 

both the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. Under its longstanding 

interpretation, EPA is proposing to 

determine here that the West Virginia 

portion of the Area meets the 

attainment-related plan requirements of 

subparts 1 and 4 for both the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

Thus, EPA is proposing to conclude that 

the requirements to submit an 

attainment demonstration under 

189(a)(1)(B), a RACM determination 

under section 172(c)(1) and section 

189(a)(1)(c), a RFP demonstration under 

189(c)(1), and contingency measure 

requirements under section 172(c)(9) are 

satisfied for purposes of evaluating 

these redesignation requests. 

c. Subpart 4 and Control of PM2.5

Precursors 

The D.C. Circuit in NRDC v. EPA 

remanded to EPA the two rules at issue 

in the case with instructions to EPA to 

re-promulgate them consistent with the 

requirements of subpart 4. EPA in this 

section addresses the Court’s opinion 

with respect to PM2.5 precursors. While 

past implementation of subpart 4 for 

PM10 has allowed for control of PM10

precursors such as NOX from major 

stationary, mobile, and area sources in 

order to attain the standard as 

expeditiously as practicable, section 

189(e) of the CAA specifically provides 

that control requirements for major 

stationary sources of direct PM10 shall 

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7Under either subpart 1 or subpart 4, for 

purposes of demonstrating attainment as 

expeditiously as practicable, a state is required to 

evaluate all economically and technologically 

feasible control measures for direct PM emissions 

and precursor emissions, and adopt those measures 

that are deemed reasonably available. 

8The Steubenville-Weirton Area has reduced 

VOC emissions through the implementation of 

various control programs including VOC 

Reasonably Available Control Technology (RACT) 

regulations and various onroad and nonroad motor 

vehicle control programs. 

also apply to PM10 precursors from 

those sources, except where EPA 

determines that major stationary sources 

of such precursors ‘‘do not contribute 

significantly to PM10 levels which 

exceed the standard in the area.’’ 

EPA’s 1997 PM2.5 Implementation 

Rule, remanded by the D.C. Circuit, 

contained rebuttable presumptions 

concerning certain PM2.5 precursors 

applicable to attainment plans and 

control measures related to those plans. 

Specifically, in 40 CFR 51.1002, EPA 

provided, among other things, that a 

state was ‘‘not required to address VOC 

[and ammonia] as . . . PM2.5 attainment 

plan precursor[s] and to evaluate 

sources of VOC [and ammonia] 

emissions in the State for control 

measures.’’ EPA intended these to be 

rebuttable presumptions. EPA 

established these presumptions at the 

time because of uncertainties regarding 

the emission inventories for these 

pollutants and the effectiveness of 

specific control measures in various 

regions of the country in reducing PM2.5

concentrations. EPA also left open the 

possibility for such regulation of VOC 

and ammonia in specific areas where 

that was necessary. 

The Court in its January 4, 2013 

decision made reference to both section 

189(e) and 40 CFR 51.1002, and stated 

that, ‘‘In light of our disposition, we 

need not address the petitioners’ 

challenge to the presumptions in [40 

CFR 51.1002] that volatile organic 

compounds and ammonia are not PM2.5

precursors, as subpart 4 expressly 

governs precursor presumptions.’’ 

NRDC v. EPA, at 27, n.10. 

Elsewhere in the Court’s opinion, 

however, the Court observed ‘‘Ammonia 

is a precursor to fine particulate matter, 

making it a precursor to both PM2.5 and 

PM10. For a PM10 nonattainment area 

governed by subpart 4, a precursor is 

presumptively regulated. See 42 U.S.C. 

7513a(e) [section 189(e)].’’ Id. at 21, n.7. 

For a number of reasons, EPA believes 

that its proposed redesignations of the 

West Virginia portion of the 

Steubenville-Weirton Area for the 1997 

annual and the 2006 PM2.5 NAAQS are 

consistent with the Court’s decision on 

this aspect of subpart 4. While, the 

Court, citing section 189(e), stated that 

‘‘for a PM10 area governed by subpart 4, 

a precursor is ‘presumptively 

regulated,’’ the Court expressly declined 

to decide the specific challenge to EPA’s 

1997 PM2.5 Implementation Rule 

provisions regarding ammonia and VOC 

as precursors. The Court had no 

occasion to reach whether and how it 

was substantively necessary to regulate 

any specific precursor in a particular 

PM2.5 nonattainment area, and did not 

address what might be necessary for 

purposes of acting upon a redesignation 

request. 

However, even if EPA takes the view 

that the requirements of subpart 4 were 

deemed applicable at the time the state 

submitted the redesignation request, 

and disregards the 1997 PM2.5

Implementation Rule’s rebuttable 

presumptions regarding ammonia and 

VOC as PM2.5 precursors (and any 

similar provisions reflected in the 

guidance for the 2006 24-hour PM2.5

NAAQS), the regulatory consequence 

would be to consider the need for 

regulation of all precursors from any 

sources in the Area to demonstrate 

attainment and to apply the section 

189(e) provisions to major stationary 

sources of precursors. In the case of 

West Virginia portion of the 

Steubenville-Weirton Area, EPA 

believes that doing so is consistent with 

proposing redesignation of the West 

Virginia portion of the Area for the 1997 

annual and the 2006 24-hour PM2.5

standard. The West Virginia portion of 

the Area has attained both the 1997 

annual and 2006 24-hour PM2.5

standards without any specific 

additional controls of VOC and 

ammonia emissions from any sources in 

the Area. 

Precursors in subpart 4 are 

specifically regulated under the 

provisions of section 189(e), which 

requires, with important exceptions, 

control requirements for major 

stationary sources of PM10 precursors.7

Under subpart 1 and EPA’s prior 

implementation rule, all major 

stationary sources of PM2.5 precursors 

were subject to regulation, with the 

exception of ammonia and VOC. Thus, 

EPA must address here whether 

additional controls of ammonia and 

VOC from major stationary sources are 

required under section 189(e) of subpart 

4 in order to redesignate the West 

Virginia portion of the Area for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

As explained subsequently, EPA does 

not believe that any additional controls 

of ammonia and VOC are required in the 

context of these redesignations. 

In the General Preamble, EPA 

discusses its approach to implementing 

section 189(e). See 57 FR 13538–13542. 

With regard to precursor regulation 

under section 189(e), the General 

Preamble explicitly stated that control 

of VOC under other CAA requirements 

may suffice to relieve a state from the 

need to adopt precursor controls under 

section 189(e). See 57 FR 13542. EPA in 

this action proposes to determine that 

West Virginia’s SIP has met the 

provisions of section 189(e) with respect 

to ammonia and VOC as precursors. 

This proposed supplemental 

determination is based on our findings 

that: (1) The Steubenville-Weirton Area 

contains no major stationary sources of 

ammonia; and (2) existing major 

stationary sources of VOC are 

adequately controlled under other 

provisions of the CAA regulating the 

ozone NAAQS.8 In the alternative, EPA 

proposes to determine that, under the 

express exception provisions of section 

189(e), and in the context of the 

redesignations of the West Virginia 

portion of the Steubenville-Weirton 

Area, which is attaining the 1997 annual 

and 2006 24-hour PM2.5 standards, at 

present ammonia and VOC precursors 

from major stationary sources do not 

contribute significantly to levels 

exceeding the 1997 annual or the 2006 

24-hour PM2.5 standard in the Area. See 

57 FR 13539–42. 

EPA notes that its 1997 PM2.5

Implementation Rule provisions in 40 

CFR 51.1002 were not directed at 

evaluation of PM2.5 precursors in the 

context of redesignation, but at SIP 

plans and control measures required to 

bring a nonattainment area into 

attainment of the 1997 annual or the 

2006 24-hour PM2.5 NAAQS. By 

contrast, redesignation to attainment 

primarily requires the nonattainment 

area to have already attained due to 

permanent and enforceable emission 

reductions, and to demonstrate that 

controls in place can continue to 

maintain the standard. Thus, even if we 

regard the Court’s January 4, 2013 

decision as calling for ‘‘presumptive 

regulation’’ of ammonia and VOC for 

PM2.5 under the attainment planning 

provisions of subpart 4, those provisions 

in and of themselves do not require 

additional controls of these precursors 

for an area that already qualifies for 

redesignation. Nor does EPA believe 

that requiring West Virginia to address 

precursors differently than it has 

already would result in a substantively 

different outcome. 

Although, as EPA has emphasized, its 

consideration here of precursor 

requirements under subpart 4 is in the 

context of a redesignation to attainment, 

EPA’s existing interpretation of subpart 

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9See, e.g., ‘‘Approval and Promulgation of 

Implementation Plans for California—San Joaquin 

Valley PM10 Nonattainment Area; Serious Area Plan 

for Nonattainment of the 24-Hour and Annual PM10

Standards,’’ (69 FR 30006, May 26, 2004) 

(approving a PM10 attainment plan that impose 

controls on direct PM10 and NOX emissions and did 

not impose controls on SO2, VOC, or ammonia 

emissions). 

10See, e.g., Assoc. of Irritated Residents v. EPA 

et al., 423 F.3d 989 (9th Cir. 2005). 

11As defined in 40 CFR part 50, Appendix N, 

section (1)(c). 

4 requirements with respect to 

precursors in attainment plans for PM10

contemplates that states may develop 

attainment plans that regulate only 

those precursors that are necessary for 

purposes of attainment in the area in 

question, i.e., states may determine that 

only certain precursors need be 

regulated for attainment and control 

purposes.9 Courts have upheld this 

approach to the requirements of subpart 

4 for PM10.10 EPA believes that 

application of this approach to PM2.5

precursors under subpart 4 is 

reasonable. Because the SteubenvilleWeirton Area has already attained both 

the 1997 annual and 2006 24-hour PM2.5

NAAQS with its current approach to 

regulation of PM2.5 precursors, EPA 

believes that it is reasonable to conclude 

in the context of this redesignation that 

there is no need to revisit the attainment 

control strategy with respect to the 

treatment of precursors. Even if the 

Court’s decision is construed to impose 

an obligation, in evaluating this 

redesignation request, to consider 

additional precursors under subpart 4, it 

would not affect EPA’s approval here of 

West Virginia’s requests for 

redesignation of the SteubenvilleWeirton Area for the 1997 annual and 

2006 24-hour PM2.5 NAAQS. In the 

context of a redesignation, the Area has 

shown that it has attained the standards. 

Moreover, the State has shown and EPA 

is proposing to determine that 

attainment of both 1997 annual and 

2006 24-hour PM2.5 NAAQS in this Area 

is due to permanent and enforceable 

emissions reductions on all precursors 

necessary to provide for continued 

attainment of the standards. It follows 

logically that no further control of 

additional precursors is necessary. 

Accordingly, EPA does not view the 

January 4, 2013 decision of the Court as 

precluding redesignation of the West 

Virginia portion of the SteubenvilleWeirton Area to attainment for the 1997 

annual and the 2006 24-hour PM2.5

NAAQS at this time. 

In sum, even if West Virginia was 

required to address precursors for the 

Steubenville-Weirton Area under 

subpart 4 rather than under subpart 1, 

as interpreted in EPA’s remanded 1997 

PM2.5 Implementation Rule, EPA would 

still conclude that the West Virginia 

portion of the Area had met all 

applicable requirements for purposes of 

redesignation in accordance with 

section 107(d)(3(E)(ii) and (v). 

V. EPA’s Analysis of West Virginia’s 

Submittals 

EPA is proposing several rulemaking 

actions for the West Virginia portion of 

the Steubenville-Weirton Area (1) To 

redesignate the West Virginia portion of 

the Area to attainment for both the 1997 

annual and the 2006 24-hour PM2.5

NAAQS; and (2) approve into the West 

Virginia SIP the associated maintenance 

plans for both the 1997 annual and the 

2006 24-hour PM2.5 NAAQS. EPA is also 

proposing in this rulemaking action to 

approve the 2008 comprehensive 

emissions inventory to satisfy section 

172(c)(3) requirement for the 2006 24- 

hour PM2.5 NAAQS, one of the criteria 

for redesignation. EPA’s proposed 

approvals of the redesignation requests 

and maintenance plans for the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

are based upon EPA’s determination 

that the Area continues to attain both 

standards, which EPA is proposing in 

this rulemaking action, and that all 

other redesignation criteria have been 

met for the West Virginia portion of the 

Area. The following is a description of 

how the West Virginia’s April 13, 2012, 

June 8, 2012 and June 24, 2013 

submittals satisfy the requirements of 

section 107(d)(3)(E) of the CAA for the 

1997 annual and 2006 24-hour PM2.5

standards. 

A. Redesignation Requests 

1. Attainment 

As noted previously, in a final 

rulemaking action dated September 14, 

2011 (76 FR 56641), EPA determined 

that the entire Steubenville-Weirton 

Area attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date, based upon complete, qualityassured, and certified ambient air 

quality monitoring data for the period of 

2007–2009. In that same rulemaking 

action, EPA also determined that the 

Steubenville-Weirton Area continued to 

attain the 1997 annual PM2.5 standard, 

based on complete, quality-assured and 

certified ambient air quality monitoring 

data for 2008–2010. In a separate 

rulemaking action dated May 4, 2012 

(77 FR 28264), EPA also determined that 

the Steubenville-Weirton Area has 

attained the 2006 24-hour PM2.5

standard, based on complete, qualityassured and certified ambient air quality 

monitoring data for 2008–2010. The 

basis and effect of these determinations 

of attainment for both the 1997 and 

2006 PM2.5 NAAQS were discussed in 

the notices of the proposed (76 FR 

28393 and 76 FR 61291, respectively) 

and final (76 FR 56641 and 77 FR 

28264, respectively) rulemakings. 

EPA has reviewed the ambient air 

quality PM2.5 monitoring data in the 

Steubenville-Weirton Area, consistent 

with the requirements contained at 40 

CFR part 50, and recorded in EPA’s Air 

Quality System (AQS). To support the 

previous determinations of attainment 

of the Area, EPA has reviewed the most 

recent data in AQS, including qualityassured, quality-controlled, and statecertified data for 2009–2011 and 

preliminary state-certified data for 

2010–2012. The air quality data show 

that the Steubenville-Weirton Area 

continues to attain both the 1997 annual 

and 2006 24-hour PM2.5 NAAQS. The 

Area’s PM2.5 annual and 24-hour design 

values 11 from 2007–2012 are provided 

in Tables 1 and 2, respectively. 

TABLE 1—STEUBENVILLE-WEIRTON AREA’S ANNUAL DESIGN VALUES FOR THE 1997 ANNUAL PM2.5 STANDARD FOR THE

2007–2009, 2008–2010, 2009–2011, AND 2010–2012 MONITORING PERIODS, IN μg/m3

County Monitor ID 

Annual design values 

2007–2009 2008–2010 2009–2011 Preliminary 

2010–2012 

Jefferson, OH ................................................... 39–081–0017 14.2 13.0 12.5 12.2 

Jefferson, OH ................................................... 39–081–1001 13.6 12.7 11.8 11.4 

Brooke, WV ...................................................... 54–009–0005 14.4 13.7 13.0 12.7 

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TABLE 1—STEUBENVILLE-WEIRTON AREA’S ANNUAL DESIGN VALUES FOR THE 1997 ANNUAL PM2.5 STANDARD FOR THE

2007–2009, 2008–2010, 2009–2011, AND 2010–2012 MONITORING PERIODS, IN μg/m3—Continued 

County Monitor ID 

Annual design values 

2007–2009 2008–2010 2009–2011 Preliminary 

2010–2012 

Brooke, WV ...................................................... 54–009–0011 14.0 13.1 11.6 11.1 

Hancock, WV ................................................... 54–029–1004 13.4 12.4 11.7 11.3 

Area’s Annual Design Value 14.4 13.7 13.0 12.7 

Source: EPA AQS Preliminary Design Value Reports (AMP480) dated December 6, 2012, and June 26, 2013. 

Note: Monitoring site 54–009–0011 ceased operations temporarily from May to July 2011, due to significance maintenance on the site. 

TABLE 2—STEUBENVILLE-WEIRTON AREA’S 24-HOUR DESIGN VALUES FOR THE 2006 24-HOUR PM2.5 STANDARD FOR THE

2008–2010, 2009–2011, AND 2010–2012 MONITORING PERIODS, IN μg/m3

County Monitor ID 

24-Hour design values 

2008–2010 2009–2011 Preliminary 

2010–2012 

Jefferson, OH ................................................................................... 39–081–0017 30 28 27 

Jefferson, OH ................................................................................... 39–081–1001 28 24 24 

Brooke, WV ...................................................................................... 54–009–0005 31 27 27 

Brooke, WV ...................................................................................... 54–009–0011 31 29 27 

Hancock, WV ................................................................................... 54–029–1004 31 28 27 

Area’s 24-hour Design Value 31 29 27 

Source: EPA AQS Preliminary Design Value Reports (AMP480) dated December 6, 2012, and June 26, 2013. 

Note: Monitoring site 54–009–0011 ceased operations temporarily from May to July 2011, due to significance maintenance on the site. 

EPA’s review of the monitoring data 

for 2009–2011 and 2010–2012 supports 

EPA’s previous determinations that the 

Area has attained the 1997 annual and 

2006 24-hour PM2.5 NAAQS, and that 

the Area continues to attain both 

standards. In addition, as discussed 

subsequently with respect to the 

maintenance plan, WVDEP has 

committed to continue monitoring 

ambient PM2.5 concentrations in 

accordance with 40 CFR part 58. Thus, 

EPA is proposing to determine that the 

Steubenville-Weirton Area continues to 

attain the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Subpart 1 of the CAA and Has a Fully 

Approved SIP Under Section 110(k) 

In accordance with section 

107(d)(3)(E)(v), the SIP revisions for the 

1997 annual and 2006 24-hour PM2.5

standards for the West Virginia portion 

of the Steubenville-Weirton Area must 

be fully approved under section 110(k) 

and all the requirements applicable to 

the Area under section 110 of the CAA 

(general SIP requirements) and part D of 

Title I of the CAA (SIP requirements for 

nonattainment areas) must be met. 

a. Section 110 General SIP 

Requirements 

Section 110(a)(2) of Title I of the CAA 

delineates the general requirements for 

a SIP, which include enforceable 

emissions limitations and other control 

measures, means, or techniques, 

provisions for the establishment and 

operation of appropriate devices 

necessary to collect data on ambient air 

quality, and programs to enforce the 

limitations. The general SIP elements 

and requirements set forth in section 

110(a)(2) include, but are not limited to 

the following: 

• Submittal of a SIP that has been 

adopted by the state after reasonable 

public notice and hearing; 

• Provisions for establishment and 

operation of appropriate procedures 

needed to monitor ambient air quality; 

• Implementation of a source permit 

program; provisions for the 

implementation of Part C requirements 

(PSD); 

• Provisions for the implementation 

of Part D requirements for NSR permit 

programs; 

• Provisions for air pollution 

modeling; and 

• Provisions for public and local 

agency participation in planning and 

emission control rule development. 

Section 110(a)(2)(D) of the CAA 

requires that SIPs contain certain 

measures to prevent sources in a state 

from significantly contributing to air 

quality problems in another state. To 

implement this provision for various 

NAAQS, EPA has required certain states 

to establish programs to address 

transport of air pollutants in accordance 

with the NOX SIP Call (63 FR 57356, 

October 27, 1998), amendments to the 

NOX SIP Call (64 FR 26298, May 14, 

1999 and 65 FR 11222, March 2, 2000), 

and CAIR (70 FR 25162, May 12, 2005). 

However, section 110(a)(2)(D) 

requirements for a state are not linked 

with a particular nonattainment area’s 

designation and classification in that 

state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classifications are the relevant measures 

to evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, EPA does not 

believe that these requirements are 

applicable requirements for purposes of 

redesignation. 

In addition, EPA believes that the 

other section 110(a)(2) elements not 

connected with nonattainment plan 

submissions and not linked with an 

area’s attainment status are not 

applicable requirements for purposes of 

redesignation. The Steubenville-Weirton 

Area will still be subject to these 

requirements after it is redesignated. 

EPA concludes that the section 110(a)(2) 

and part D requirements which are 

linked with a particular area’s 

designation and classification are the 

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relevant measures to evaluate in 

reviewing a redesignation request, and 

that section 110(a)(2) elements not 

linked to the area’s nonattainment status 

are not applicable for purposes of 

redesignation. This approach is 

consistent with EPA’s existing policy on 

applicability of conformity (i.e., for 

redesignations) and oxygenated fuels 

requirement. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174, October 10, 

1996), (62 FR 24826, May 7, 1997); 

Cleveland-Akron-Lorain, Ohio final 

rulemaking (61 FR 20458, May 7, 1996); 

and Tampa, Florida, final rulemaking 

(60 FR 62748, December 7, 1995). See 

also, the discussion on this issue in the 

Cincinnati, Ohio redesignation (65 FR at 

37890, June 19, 2000), and in the 

Pittsburgh-Beaver Valley, Pennsylvania 

redesignation (66 FR at 53099, October 

19, 2001). 

EPA has reviewed the West Virginia 

SIP and has concluded that it meets the 

general SIP requirements under section 

110(a)(2) of the CAA to the extent they 

are applicable for purposes of 

redesignation. EPA has previously 

approved provisions of West Virginia’s 

SIP addressing section 110(a)(2) 

requirements, including provisions 

addressing PM2.5. See (76 FR 47062, 

August 4, 2011). These requirements 

are, however, statewide requirements 

that are not linked to the PM2.5

nonattainment status of the 

Steubenville-Weirton Area. Therefore, 

EPA believes that these SIP elements are 

not applicable requirements for 

purposes of review of the State’s PM2.5

redesignation requests. 

b. Subpart 4 Requirements 

Subpart 1 sets forth the basic 

nonattainment plan requirements 

applicable to PM2.5 nonattainment areas. 

Under section 172, states with 

nonattainment areas must submit plans 

providing for timely attainment and 

must meet a variety of other 

requirements. 

The General Preamble for 

Implementation of Title I discusses the 

evaluation of these requirements in the 

context of EPA’s consideration of a 

redesignation request. The General 

Preamble sets forth EPA’s view of 

applicable requirements for purposes of 

evaluating redesignation requests when 

an area is attaining the standard. See (57 

FR 13498, April 16, 1992). 

On June 24, 2009, WVDEP submitted 

an attainment plan for the West Virginia 

portion of the Steubenville-Weirton 

Area for the 1997 annual PM2.5 NAAQS, 

which included a 2002 comprehensive 

emissions inventory. As mentioned 

previously, on September 14, 2011 (76 

FR 56641), EPA made a determination 

that the Steubenville-Weirton Area had 

attained the 1997 annual PM2.5 NAAQS. 

This determination of attainment was 

based upon complete, quality-assured 

and certified ambient air quality 

monitoring data for the period of 2007– 

2009 showing that the entire Area had 

attained the standard by its applicable 

attainment date of April 5, 2010, and 

2008–2010 data showing that the Area 

continued to attain the standard. In a 

separate rulemaking action dated May 

14, 2012 (77 FR 28264), EPA made a 

determination of attainment for the 

Steubenville-Weirton Area for the 2006 

24-hour PM2.5 NAAQS, based on 

quality-assured and certified ambient air 

quality monitoring data for the period of 

2008–2010. 

Pursuant to 40 CFR 51.2004(c), upon 

these determinations by EPA that the 

Area has attained the 1997 annual and 

2006 24-hour PM2.5 NAAQS, the 

requirement for West Virginia to submit 

for the Steubenville-Weirton Area an 

attainment demonstration and 

associated RACM, a RFP plan, 

contingency measures, and other 

planning SIPs related to the attainment 

of the 1997 annual and the 2006 24-hour 

PM2.5 NAAQS are suspended until the 

Area is redesignated to attainment for 

each standard or EPA determines that 

the Area has again violated any of the 

standards, at which time such plans are 

required to be submitted. Thus, because 

attainment has been reached for the 

Area for the 1997 annual and 2006 24- 

hour PM2.5 NAAQS and the Area 

continues to attain both standards, no 

additional measures are needed to 

provide for attainment. Therefore, the 

requirements of section 172(c)(1), 

172(c)(2), 172(c)(6), and 172(c)(9) are no 

longer considered to be applicable for 

purposes of redesignation of the Area 

for both standards. 

Section 172(c)(4) of the CAA requires 

the identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and section 172(c)(5) requires source 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA has 

determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a nonattainment NSR program be 

approved prior to redesignation, 

provided that the area demonstrates 

maintenance of the NAAQS without 

part D NSR. A more detailed rationale 

for this view is described in a 

memorandum from Mary Nichols, 

Asssistant Administrator for Air and 

Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ 

Nevertheless, West Virginia currently 

has an approved NSR program, codified 

in the State’s regulation at 45 CSR 19. 

See (71 FR 64468, November 2, 2006) 

(approving nonattainment NSR program 

into the SIP) and (77 FR 63736, October 

17, 2012) (approving revisions to West 

Virginia’s PSD program). However, the 

State’s PSD program for PM2.5 will 

become effective in the SteubenvilleWeirton Area upon redesignation to 

attainment. 

Section 172(c)(7) of the CAA requires 

the SIP to meet the applicable 

provisions of section 110(a)(2). As noted 

previously, we believe the West Virginia 

SIP meets the requirements of section 

110(a)(2) that are applicable for 

purposes of redesignation. 

As a result of EPA’s determinations of 

attainment of the Area for the 1997 

annual and 2006 24-hour PM2.5 NAAQS, 

respectively, the only remaining 

requirement under section 172 to be 

considered for each of the PM2.5

standards is the comprehensive 

emissions inventory required under 

section 172(c)(3). Section 172(c)(3) of 

the CAA requires submission of a 

comprehensive, accurate, and current 

inventory of actual emissions. For 

purposes of the PM2.5 NAAQS, this 

emissions inventory should address not 

only direct emissions of PM2.5, but also 

emissions of all precursors with the 

potential to participate in PM2.5

formation, i.e., SO2, NOX, VOC and 

ammonia. 

The June 24, 2009 submittal is 

relevant to this proposed action to 

redesignate the West Virginia portion of 

the Area only with respect to the 

comprehensive emissions inventory 

requirement of section 172(c)(3) for the 

1997 annual PM2.5 standard. On April 

16, 2013 (78 FR 22423), EPA approved 

the 2002 comprehensive emissions 

inventory included in the attainment 

plan for the 1997 annual PM2.5 NAAQS, 

to meet the requirement of section 

172(c)(3) for this standard. The 2002 

comprehensive emissions inventory for 

the 1997 annual PM2.5 standard includes 

emissions estimates that cover the 

general source categories of point 

sources, area sources, onroad mobile 

sources, and nonroad mobile sources. 

The pollutants that comprise the 2002 

emissions inventory are PM2.5, NOX, 

SO2, VOC, and ammonia. An evaluation 

of West Virginia’s 2002 comprehensive 

emissions inventory for the West 

Virginia portion of the Area is provided 

in the Technical Support Document 

(TSD) prepared by EPA for the 

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rulemaking action. See Docket ID No. 

EPA–R03–OAR–2012–0369. 

To satisfy the 172(c)(3) requirement 

for the 2006 24-hour PM2.5 standard, in 

the June 8, 2012 submittal West Virginia 

requested approval of the 2005 and 2008 

comprehensive emissions inventories 

submitted with its maintenance plan. 

On June 24, 2013, WVDEP 

supplemented its June 8, 2012 submittal 

with 2008 emissions inventories for 

ammonia and VOC. The entire 2008 

emissions inventory is the most current 

accurate and comprehensive emissions 

inventory of direct PM2.5, NOX, SO2, 

VOC, and ammonia for the Area. Thus, 

as part of this rulemaking action, EPA 

is proposing to approve West Virginia’s 

2008 comprehensive emissions 

inventory for the 2006 24-hour PM2.5

NAAQS as satisfying the requirement of 

section 172(c)(3) of the CAA for this 

standard. Final approval of the 2008 

base year emissions inventory will 

satisfy the emissions inventory 

requirement under section 172(c)(3) of 

the CAA for the 2006 24-hour PM2.5

NAAQS. 

The entire 2008 comprehensive 

emissions inventory addresses the 

general source categories of point 

sources, area sources, onroad mobile 

sources, and nonroad mobile sources. A 

summary of the 2008 comprehensive 

emissions inventory is provided in 

Table 3. EPA has reviewed the 

documentation provided by WVDEP 

and found the 2008 emissions inventory 

to be approvable. For more information 

on EPA’s analysis of the 2008 emissions 

inventory, see EPA’s TSDs dated August 

29, 2013, available in the docket for this 

rulemaking action at 

www.regulations.gov. See Docket ID No. 

EPA–R03–OAR–2013–0498. 

TABLE 3—SUMMARY OF 2008 COMPREHENSIVE EMISSIONS INVENTORY FOR THE ENTIRE STEUBENVILLE-WEIRTON AREA, 

IN TONS PER YEAR (TPY) 

Sector Direct PM2.5 NOX SO2 VOC * Ammonia * 

Point ..................................................................................... 2,092 38,843 137,669 1,308 94 

Area ...................................................................................... 593 1,480 582 1,655 231 

Nonroad ............................................................................... 40 496 7 739 0.49 

Onroad ................................................................................. 89 2,530 10 1,924 114 

Total .............................................................................. 2,814 43,349 138,268 5,626 439 

* VOC and ammonia emissions were supplemented by WVDEP from EPA’s 2008 NEI v.1.5. 

Section 175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ In conjunction with its 

request to redesignate the West Virginia 

portion of the Area to attainment status, 

West Virginia submitted SIP revisions to 

provide for maintenance of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

in the West Virginia portion of the Area 

for at least 10 years after redesignation, 

throughout 2025. West Virginia is 

requesting that EPA approve this SIP 

revision as meeting the requirement of 

CAA section 175A. Once approved, the 

maintenance plans for the West Virginia 

portion of the Area will ensure that the 

SIP for West Virginia meets the 

requirements of the CAA regarding 

maintenance of the 1997 annual and 

2006 24-hour PM2.5 NAAQS for the 

West Virginia portion of the Area. EPA’s 

analysis of the maintenance plans is 

provided in section V.B. of this 

document. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs, and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other Federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations relating to consultation, 

enforcement and enforceability which 

EPA promulgated pursuant to its 

authority under the CAA. EPA 

interprets the conformity SIP 

requirements as not applying for 

purposes of evaluating a redesignation 

request under CAA section 107(d) 

because state conformity rules are still 

required after redesignation, and 

Federal conformity rules apply where 

state rules have not been approved. See 

Wall v. EPA, 265 F. 3d 426 (6th Cir. 

2001) (upholding this interpretation) 

and (60 FR 62748, December 7, 1995) 

(discussing Tampa, Florida). 

Thus, for purposes of redesignating to 

attainment the Steubenville-Weirton 

Area for the 1997 annual PM2.5 NAAQS, 

EPA determines that West Virginia has 

met all the applicable SIP requirements 

under part D of Title I of the CAA. EPA 

also determines that upon final approval 

of the 2008 comprehensive emissions 

inventory as proposed in this 

rulemaking action, West Virginia will 

also meet all the applicable SIP 

requirements under part D of Title I of 

the CAA for purposes of redesignating 

the Area to attainment for the 2006 24- 

hour PM2.5 NAAQS. 

c. The West Virginia Portion of the Area 

Has a Fully Approved Applicable SIP 

Under Section 110(k) of the CAA 

For purposes of redesignation to 

attainment for the 1997 annual PM2.5

NAAQS, EPA has fully approved all 

applicable requirements of West 

Virginia’s SIP for the Area in accordance 

with section 110(k) of the CAA. Upon 

final approval of the 2008 

comprehensive emissions inventory as 

proposed in this rulemaking action, EPA 

will have fully approved all applicable 

requirements of West Virginia’s SIP for 

the Area for purposes of redesignation 

to attainment for the 2006 24-hour PM2.5

NAAQS in accordance with section 

110(k) of the CAA. 

3. Permanent and Enforceable 

Reductions in Emissions 

For redesignating a nonattainment 

area to attainment, section 

107(d)(3)(E)(iii) requires EPA to 

determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable reductions. In making this 

demonstration, West Virginia has 

calculated the change in emissions 

between 2005, a year showing 

nonattainment for both the 1997 and 

2006 PM2.5 standards in the 

Steubenville-Weirton Area, and 2008, 

one of the years for which the 

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Steubenville-Weirton Area monitored 

attainment for both standards. A 

summary of the emissions reductions 

for PM2.5, NOX, and SO2 from 2005 to 

2008 submitted by WVDEP for the 

Steubenville-Weirton Area is provided 

in Table 4. For more information on 

EPA’s analysis of the 2005 and 2008 

emissions inventory, see EPA’s TSDs 

dated August 24, 2012 and August 29, 

2013, available in the docket for this 

rulemaking action at 

www.regulations.gov. 

TABLE 4—EMISSION REDUCTIONS OF DIRECT PM2.5 FROM 2005 TO 2008 IN THE ENTIRE STEUBENVILLE-WEIRTON AREA, 

IN TONS PER YEAR (TPY) 

Sector 2005 2008 Net change 

2005–2008 

Direct PM2.5 ..................................................... Point—EGU .................................................... 1,308 1,373 65 

Point—Non-EGU ............................................ 799 719 ¥80 

Area ................................................................ 632 563 ¥69 

Locomotive/Marine ......................................... 51 30 ¥21 

Nonroad .......................................................... 45 40 ¥5 

Onroad ........................................................... 111 89 ¥22 

Total ........................................................ 2,946 2,814 ¥132 

NOX ................................................................. Point—EGU .................................................... 41,047 35,487 ¥5,560 

Point—Non-EGU ............................................ 3,866 3,356 ¥510 

Area ................................................................ 2,010 531 ¥1,479 

Locomotive/Marine ......................................... 1,458 949 ¥509 

Nonroad .......................................................... 575 496 ¥79 

Onroad ........................................................... 3,129 2,530 ¥599 

Total ........................................................ 52,083 43,349 ¥8,736 

SO2 .................................................................. Point—EGU .................................................... 225,595 135,507 ¥90,088 

Point—Non-EGU ............................................ 2,951 2,162 ¥789 

Area ................................................................ 1,007 523 ¥484 

Locomotive/Marine ......................................... 79 59 ¥20 

Nonroad .......................................................... 39 7 ¥32 

Onroad ........................................................... 32 10 ¥22 

Total ........................................................ 229,703 138,268 ¥91,436 

The reduction in emissions and the 

corresponding improvement in air 

quality from 2005 to 2008 in the 

Steubenville-Weirton Area can be 

attributed to a number of regulatory 

control measures that have been 

implemented in the Area and 

contributing areas in recent years. 

a. Federal Measures Implemented 

Reductions in PM2.5 precursors 

emissions have occurred statewide and 

in upwind states as a result of Federal 

emission control measures, with 

additional emission reductions expected 

to occur in the future. 

The Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards 

(Tier 2 Standards) have resulted in 

lower NOX and SO2 emissions from new 

cars and light duty trucks, including 

sport-utility vehicles. These Federal 

rules were phased in between 2004 and 

2009. EPA has estimated that, after 

phasing in the new requirements, new 

vehicles emit less NOX in the following 

percentages: Passenger cars (light duty 

vehicles)—77 percent (%); light duty 

trucks, minivans, and sports utility 

vehicles—86%; and, larger sports utility 

vehicles, vans, and heavier trucks—69– 

95%. EPA expects fleet wide average 

emissions to decline by similar 

percentages as new vehicles replace 

older vehicles. The Tier 2 Standards 

also reduced the sulfur content of 

gasoline to 30 parts per million (ppm) 

beginning in January 2006, up to a 90 

percent reduction. 

EPA issued the Heavy-Duty Diesel 

Engine Rule in July 2000. This rule 

includes standards limiting the sulfur 

content of diesel fuel, which went into 

effect in 2004. A second phase took 

effect in 2007 which reduced fine 

particulate emissions from heavy-duty 

highway engines and further reduced 

the highway diesel fuel sulfur content to 

15 parts per million (ppm). The total 

program is estimated to achieve a 90% 

reduction in direct PM2.5 emissions and 

a 95% reduction in NOX emissions for 

these new engines using low sulfur 

diesel, compared to existing engines 

using higher sulfur diesel fuel. The 

reduction in fuel sulfur content also 

yielded an immediate reduction in 

particulate sulfate emissions from all 

diesel vehicles. 

In May 2004, EPA promulgated the 

Nonroad Diesel Rule for large nonroad 

diesel engines, such as those used in 

construction, agriculture, and mining, to 

be phased in between 2008 and 2014. 

This rule reduces the sulfur content in 

nonroad diesel fuel by over 99%. Prior 

to 2006, nonroad diesel fuel averaged 

approximately 3,400 ppm sulfur. This 

rule limited nonroad diesel sulfur 

content to 500 ppm by 2006, with a 

further reduction to 15 ppm by 2010. 

b. State and Local Measures 

The Area’s air quality is affected by 

regulation of SO2 and NOX from power 

plants (i.e., stationary sources 

containing electric generating units 

(EGUs)). There are two affected EGU 

sources in Jefferson County (the Ohio 

portion of the Area): W.H. Sammis 

Power Plant and Cardinal Power Plant. 

EPA issued the NOX SIP Call in 1998 

to require 22 states and the District of 

Columbia to reduce NOX emissions from 

large EGUs and large non-EGUs such as 

industrial boilers, internal combustion 

engines, and cement kilns. See (63 FR 

57356, October 27, 1998). EPA approved 

West Virginia’s Phase I NOX SIP Call 

rule on May 10, 2002 (67 FR 31733) and 

its Phase II rule on September 28, 2006 

(71 FR 56881). West Virginia’s NOX SIP 

Call rules established West Virginia’s 

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NOX Budget Trading Program and set 

forth requirements for its non-trading 

sources, respectively. The former 

enabled West Virginia to participate in 

the EPA-administered regional NOX

Budget Trading Program under the NOX

SIP Call. The emission reductions 

resulting from regulations developed in 

response to the NOX SIP Call are 

permanent and enforceable. 

On March 10, 2005, EPA issued CAIR, 

which applies to 27 eastern states and 

the District of Columbia. CAIR relied on 

3 separate cap-and-trade programs to 

reduce SO2 and NOX emissions. On 

August 4, 2009 (74 FR 38536), EPA 

approved West Virginia’s CAIR rules 

into the West Virginia SIP. West 

Virginia’s NOX SIP Call requirements 

were subsumed by the State’s CAIR 

ozone season NOX trading program. On 

August 8, 2011, EPA promulgated 

CSAPR (76 FR 48208), to replace CAIR, 

which has been in place since 2005. The 

D.C. Circuit initially vacated CAIR, 

North Carolina v. EPA, 531 F.3d 896 

(D.C. Cir. 2008), but ultimately 

remanded the rule to EPA without 

vacatur to preserve the environmental 

benefits provided by CAIR, North 

Carolina v. EPA, 550 F.3d 1176, 1178 

(D.C. Cir. 2008). On August 21, 2012, 

the D.C. Circuit issued a decision to 

vacate CSAPR. In that decision, it also 

ordered EPA to continue administering 

CAIR ‘‘pending the promulgation of a 

valid replacement.’’ EME Homer City, 

696 F.3d at 38. 

As noted earlier, EPA believes it is 

appropriate to allow states to rely on the 

existing emissions reductions achieved 

by CAIR, as sufficiently permanent and 

enforceable pending a valid replacement 

rule, for purposes such as a 

redesignation. CAIR was in place and 

thus getting emission reductions when 

the Steubenville-Weirton Area 

monitored attainment of the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

The monitoring data used to 

demonstrate the Area’s attainment of the 

1997 annual and 2006 24-hour PM2.5

NAAQS was impacted by CAIR. EPA 

finds West Virginia appropriately 

included CAIR as a control measure in 

this SIP revision. 

Also, a Federal consent decree with 

the Ohio Edison Company (OHECo) 

required significant emissions 

reductions of NOX and SO2 from seven 

EGUs at the Sammis Power Station in 

Jefferson County, Ohio. The Federal 

consent decree established in the 

Sammis Power Station a plant-wide 

annual emissions limit (PAL) of NOX

that started on 2005 at 11,371 tons and 

continued on 2012 and every year 

thereafter at 11,863 tons, and a 

declining PAL of SO2 that started on 

2005 at 58,000 tons and leveled on 2011 

and every year thereafter at 29,900 tons. 

From 2005 to 2011, the consent decree 

also established various control 

measures that consist of the installation 

and continuous operation of various 

pollution control units at each EGU 

when combusting fossil fuels, including: 

Selective catalytic reduction (SCR), 

selective non-catalytic reduction 

(SNCR), low NOX burners, overfired air, 

and advanced combustion control 

optimization to reduce NOX emissions; 

and induct scrubbers, flash dry 

absorbers, and flue gas desulfurization 

(FGD) systems for reducing SO2

emissions. In 2003, the Sammis Power 

Station emitted 40,430 tons of NOX and 

164,400 tons of SO2. As a result of the 

control measures established by the 

consent decree, the Sammis Power 

Station reduced NOX emissions by 

28,567 tpy by 2007 (42 percent 

reduction from 2003), and SO2

emissions by 134,500 tpy by 2012 (82 

percent reduction from 2003). 

Additional controls have and will be 

installed on the Cardinal Power Plant, a 

coal-fired power plant also located in 

Jefferson County that consists of three 

EGUs, each with approximately a 

nominal net capacity of 600 megawatts 

(MW). As a result of the American 

Electric Plant (AEP) Federal consent 

decree, the Cardinal Power Plant was 

required to install and continuously 

operate SCR systems on each EGU to 

control NOX emissions starting in 

January 2009, and FGD systems to 

reduce SO2 emissions on Units 1 and 2 

by December 2008 and Unit 3 by 

December 2012. The Federal consent 

decree also achieves direct particulate 

matter emissions reductions by 

establishing new emissions rates to each 

EGU to be achieved by December 2009, 

and by optimizing the operation of the 

existing electrostatic precipitators 

(ESPs). EPA believes that West Virginia 

has adequately demonstrated that the 

observed air quality improvement in the 

West Virginia portion of the Area is due 

to permanent and enforceable 

reductions in emissions resulting from 

implementation of the SIP, Federal 

measures, and other State-adopted 

measures. 

B. Maintenance Plans 

On April 12, 2012 and June 8, 2012, 

WVDEP submitted maintenance plans 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS, respectively, as required 

by section 175A of the CAA. EPA’s 

analysis for proposing approval of the 

maintenance plans is provided in this 

section. 

1. Attainment Emissions Inventory 

An attainment inventory is comprised 

of the emissions during the time period 

associated with the monitoring data 

showing attainment. WVDEP 

determined that the appropriate 

attainment inventory year for the 

maintenance plans of both standards is 

2008, one of the years in the periods 

during which the Steubenville-Weirton 

Area monitored attainment of the 1997 

annual and the 2006 24-hour PM2.5

NAAQS, respectively, as described 

previously. The 2008 inventory 

included in the maintenance plans 

contains primary PM2.5 emissions 

(including condensables), SO2, and 

NOX. The same inventory and 

supporting documentation was 

provided in the maintenance plans for 

2008. 

WVDEP used data from the 2008 

annual emissions inventory submitted 

to EPA’s National Emissions Inventory 

(NEI) database and EPA’s Clean Air 

Markets Division (CAMD) database to 

compile their inventory. For the 2008 

area (non-point) source inventory, 

WVDEP used the 2008 NEI v1.5 data 

developed by EPA. Commercial marine 

vessels and locomotive emissions were 

taken from the 2008 NEI v1.5. The 

nonroad mobile sources emissions were 

generated using EPA’s NONROAD 

model. The 2008 onroad mobile source 

inventory was developed using the most 

current version of EPA’s highway 

mobile source emissions model at the 

time, MOVES2010a. The Ohio 

Department of Transportation (ODOT) 

and the Wood-Washington-Wirt 

Interstate Planning Commission 

performed the onroad mobile source 

analysis in coordination with the Ohio 

Environmental Protection Agency (Ohio 

EPA) and WVDEP, with additional data 

provided by Ohio EPA, West Virginia 

Department of Transportation (WVDOT) 

and WVDEP. The maintenance plans 

also included Ohio’s 2008 emissions 

inventory for the Ohio portion of the 

Area. This inventory include estimates 

for EGU point, non-EGU point, nonroad, 

area, marine, aircraft, and rail, and 

onroad mobile sources for emissions of 

PM2.5, NOX, and SO2. 

EPA has reviewed the documentation 

provided by WVDEP and found the 

2008 emissions inventory submitted 

with the maintenance plans to be 

approvable. For more information on 

EPA’s analysis of the 2008 emissions 

inventory, see EPA’s TSDs dated August 

24, 2012 and August 29, 2013, available 

in the docket for this rulemaking action 

at www.regulations.gov. 

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2. Maintenance Demonstration 

Section 175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ EPA has interpreted this 

as a showing of maintenance ‘‘for a 

period of ten years following 

redesignation.’’ Where the emissions 

inventory method of showing 

maintenance is used, its purpose is to 

show that emissions during the 

maintenance period will not increase 

over the attainment year inventory. See 

1992 Calcagni Memorandum, pages 9– 

10. 

For a demonstration of maintenance, 

emissions inventories are required to be 

projected to future dates to assess the 

influence of future growth and controls; 

however, the demonstration need not be 

based on modeling. See Wall v. EPA, 

supra; Sierra Club v. EPA, supra. See 

also 66 FR 53099–53100 and 68 FR 

25430–32. WVDEP uses projection 

inventories to show that the West 

Virginia portion of the Area will remain 

in attainment and developed projection 

inventories for an interim year of 2015 

and a maintenance plan end year of 

2025 to show that future emissions of 

NOX, SO2, and direct PM2.5 will remain 

at or below the attainment year 2008 

emissions levels throughout the West 

Virginia portion of the Area through the 

year 2025. 

EPA has reviewed the documentation 

provided by WVDEP for developing 

annual 2015 and 2025 emissions 

inventories for the West Virginia portion 

of the Area. Emissions estimates for 

2015 and 2025 for non-EGU point and 

area sources were grown from the 2008 

inventory using Workforce West 

Virginia economic forecasts (WV 

Workforce). There are no EGUs located 

in the WV portion of the Area. 

Locomotive and marine emissions for 

2015 and 2025 were also based on the 

2008 inventory using Workforce WV 

economic forecasts. The WV Workforce 

projections were selected because they 

relied more on local data and provided 

more coverage of various categories and 

a wider range of years based on 2008 

emissions data. Nonroad mobile source 

emissions estimates for 2015 and 2025 

were developed using monthly 

NONROAD model runs and 

summarizations of monthly data to 

obtain annual data values. Onroad 

mobile emissions for 2015 and 2025 

were calculated from the emissions 

factors produced by MOVES2010a, as 

performed by ODOT. 

EPA has determined that the 2015 and 

2025 projected emissions inventories 

provided by WVDEP are approvable. For 

more information on EPA’s analysis of 

the emissions inventories, see EPA’s 

TSDs dated August 24, 2012 and August 

29, 2013, available in the docket for this 

rulemaking action at 

www.regulations.gov. The maintenance 

plans also included Ohio’s emissions 

inventories for the Ohio portion of the 

Area for 2015 and 2025. These 

inventories include estimates for EGU 

point, non-EGU point, nonroad, area, 

marine, aircraft, and rail, and onroad 

mobile sources for emissions of PM2.5, 

NOX, and SO2. 

Tables 5, 6, and 7 provide a summary 

of the emissions inventories for the 

entire Steubenville-Weirton Area for the 

2008 attainment year, the 2015 interim 

year, and the 2025 maintenance plan 

end year. The inventories show that, 

between 2008 and 2025, the Area is 

projected to reduce direct PM2.5

emissions by 116 tpy, NOX emissions by 

25,816 tpy and SO2 emissions by 90,823 

tpy. Thus, the projected emissions 

inventories show that the West Virginia 

portion of the Steubenville-Weirton 

Area will continue to maintain the 1997 

annual and 2006 24-hour PM2.5

standards during the maintenance 

period. In addition, EPA has evaluated 

ammonia and VOC emissions of the 

Area for the maintenance 

demonstration, and such evaluation is 

addressed on section V.B.6. of this 

notice. 

TABLE 5—COMPARISON OF 2008, 2015, AND 2025 EMISSIONS OF DIRECT PM2.5 FOR THE ENTIRE STEUBENVILLEWEIRTON AREA, IN TONS PER YEAR (TPY) 

Sector 

Direct PM2.5

2008 2015 2025 Net change 

2008–2015 

Net change 

2008–2025 

Point—EGU ............................................................................................. 1,373 1,405 1,450 32 77 

Point—Non-EGU ...................................................................................... 719 677 630 ¥42 ¥89 

Area ......................................................................................................... 563 556 552 ¥7 ¥11 

Locomotive/Marine ................................................................................... 30 27 23 ¥3 ¥7 

Nonroad ................................................................................................... 40 29 18 ¥11 ¥22 

Onroad ..................................................................................................... 89 45 25 ¥44 ¥64 

Total .................................................................................................. 2,814 2,741 2,698 ¥75 ¥116 

TABLE 6—COMPARISON OF 2008, 2015, AND 2025 EMISSIONS OF NOX FOR THE ENTIRE STEUBENVILLE-WEIRTON AREA, 

IN TONS PER YEAR (TPY) 

Sector 

NOX

2008 2015 2025 Net change 

2008–2015 

Net change 

2008–2025 

Point—EGU ............................................................................................. 35,487 19,488 12,632 ¥15,999 ¥22,855 

Point—Non-EGU ...................................................................................... 3,356 3,206 3,006 ¥150 ¥350 

Area ......................................................................................................... 531 527 523 ¥4 ¥8 

Locomotive/Marine ................................................................................... 949 854 729 ¥95 ¥220 

Nonroad ................................................................................................... 496 294 207 ¥202 ¥289 

Onroad ..................................................................................................... 2,530 1,194 437 ¥1,336 ¥2,093 

Total .................................................................................................. 43,349 25,563 17,533 ¥17,786 ¥25,815 

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TABLE 7—COMPARISON OF 2008, 2015, AND 2025 EMISSIONS OF SO2 FOR THE ENTIRE STEUBENVILLE-WEIRTON AREA, 

IN TONS PER YEAR (TPY) 

Sector 

SO2

2008 2015 2025 Net change 

2008–2015 

Net change 

2008–2025 

Point—EGU ............................................................................................. 135,507 72,203 45,073 ¥63,304 ¥90,434 

Point—Non-EGU ...................................................................................... 2,162 2,049 1,867 ¥113 ¥295 

Area ......................................................................................................... 523 502 459 ¥21 ¥64 

Locomotive/Marine ................................................................................... 59 51 39 ¥8 ¥20 

Nonroad ................................................................................................... 7 1 1 ¥6 ¥6 

Onroad ..................................................................................................... 10 7 6 ¥3 ¥4 

Total .................................................................................................. 138,268 74,813 47,446 ¥63,455 ¥90,823 

3. Monitoring Network 

West Virginia’s maintenance plans 

include a commitment to continue to 

operate its EPA-approved monitoring 

network, as necessary to demonstrate 

ongoing compliance with the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

There are five PM2.5 monitors in the 

Steubenville-Weirton Area: Two 

monitors in Brooke County and one in 

Hancock County, West Virginia, and 

two monitors in Jefferson County, Ohio. 

WVDEP will consult with EPA prior to 

making any necessary changes to the 

PM2.5 monitoring network and will 

continue to quality assure the 

monitoring data in accordance with the 

requirements of 40 CFR part 58. 

4. Verification of Continued Attainment 

To provide for tracking of the 

emission levels in the West Virginia 

portion of the Area, WVDEP requires 

major point sources to submit air 

emissions information annually and 

prepares a new periodic inventory for 

all PM2.5 precursors every three years in 

accordance with EPA’s Air Emissions 

Reporting Requirements (AERR). 

Emissions information will be compared 

to the attainment year inventory (2008) 

to assure continued attainment with the 

1997 annual and 2006 24-hour PM2.5

NAAQS and will be used to assess 

emissions trends, as necessary. 

5. Contingency Measures 

The contingency plan provisions are 

designed to promptly correct a violation 

of either the 1997 annual or the 2006 24- 

hour PM2.5 NAAQS that occurs in the 

Area after redesignation. Section 175A 

of the CAA requires that a maintenance 

plan include such contingency 

measures as EPA deems necessary to 

ensure that West Virginia will promptly 

correct a violation of either the 1997 

annual or the 2006 24-hour PM2.5

NAAQS that occurs in the Area after 

redesignation. The maintenance plan 

should identify the events that would 

‘‘trigger’’ the adoption and 

implementation of a contingency 

measure(s), the contingency measure(s) 

that would be adopted and 

implemented, and the schedule 

indicating the time frame by which the 

state would adopt and implement the 

measure(s). 

West Virginia’s maintenance plans 

outline the procedures for the adoption 

and implementation of contingency 

measures to further reduce emissions 

should a violation occur. West 

Virginia’s contingency measures include 

a warning level response and an action 

level response. An initial warning level 

response is triggered for the 1997 annual 

PM2.5 NAAQS when the PM2.5 average 

of the weighted annual mean for a single 

calendar year exceeds 15.5 mg/m3 within 

the Steubenville-Weirton Area. An 

initial warning level response is 

triggered for the 2006 24-hour PM2.5

NAAQS when the 98th percentile 24- 

hour PM2.5 concentration for a single 

calendar year exceeds 35.5 mg/m3 within 

the Area. In the case of triggering a 

warning level, a study will be 

conducted to determine if the emissions 

trends show increasing concentrations 

of PM2.5, and whether this trend, if any, 

is likely to continue. If it is determined 

through the study that action is 

necessary to reverse emissions 

increases, West Virginia will follow the 

same procedures for control selection 

and implementation as for an action 

level response, and implementation of 

necessary controls will take place as 

expeditiously as possible, but no later 

than 12 months from the end of the 

most recent calendar year. 

For the 1997 annual PM2.5 NAAQS, 

the action level response will be 

prompted by any one of the following: 

(1) A warning level response study 

showing emissions increases; (2) a twoyear average of the weighted annual 

mean of 15.0 mg/m3 or greater occurs 

within the Area; or (3) a violation of the 

standard occurs in the Area (i.e. a threeyear average of the weighted annual 

means of 15.0 mg/m3 or greater). For the 

2006 24-hour PM2.5 NAAQS, the action 

level response will be prompted by any 

one of the following: (1) A warning level 

response study showing emissions 

increases; (2) a two-year average of the 

98th percentile of 35 mg/m3 or greater 

within the Area; or (3) a violation of the 

standard occurs in the Area (i.e. a threeyear average of the 98th percentile of 35 

mg/m3 or greater). If an action level 

response is triggered for any of the 

standards, 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. 

West Virginia commits to adopt and 

expeditiously implement the necessary 

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) PM2.5, SO2, and 

NOX emissions offsets for new and 

modified major sources; (4) concrete 

manufacturing controls; and (5) 

additional NOX reductions. 

Additionally, West Virginia has 

identified a list of sources that could 

potentially be controlled, including: 

Industrial, commercial and institutional 

(ICI) boilers for SO2 and NOX controls, 

EGUs, process heaters, internal 

combustion engines, combustion 

turbines, other sources greater than 100 

tons per year, fleet vehicles, and 

aggregate processing plants. 

6. EPA’s Evaluation of VOC and 

Ammonia Precursors in West Virginia’s 

Maintenance Plans 

With regard to the redesignation of 

the West Virginia portion of the 

Steubenville Weirton Area in evaluating 

the effect of the Court’s remand of EPA’s 

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12 ‘‘Review of the NAAQS for Particulate Matter— 

Regulatory Impact Analysis.’’ Docket ID No. EPA– 

HQ–OAR–2010–0955. 

13These emissions estimates were taken from the 

emissions inventories developed for the RIA for the 

2012 PM2.5 NAAQS. 

14The 2020 projected PM2.5 design values are part 

of the RIA for the 2012 PM2.5 NAAQS. 

1997 PM2.5 Implementation Rule, which 

included presumptions against 

consideration of VOC and ammonia as 

PM2.5 precursors, EPA in this proposal 

is also considering the impact of the 

decision on the maintenance plan 

required under sections 175A and 

107(d)(3)(E)(iv). To begin with, EPA 

notes that the area has attained both the 

1997 annual and 2006 24-hour PM2.5

standard and that West Virginia has 

shown that attainment of these 

standards is due to permanent and 

enforceable emission reductions. 

EPA proposes to determine that the 

West Virginia’s maintenance plan shows 

continued maintenance of the 1997 

annual and 2006 24-hour PM2.5

standards by tracking the levels of the 

precursors whose control brought about 

attainment of the standards in the 

Steubenville-Weirton Area. EPA, 

therefore, believes that the only 

additional consideration related to the 

maintenance plan requirements that 

results from the Court’s January 4, 2013 

decision is that of assessing the 

potential role of VOC and ammonia in 

demonstrating continued maintenance 

in this Area. As explained subsequently, 

based upon documentation provided by 

the State and supporting information, 

EPA believes that the maintenance plan 

for the West Virginia portion of the Area 

need not include any additional 

emission reductions of VOC or ammonia 

in order to provide for continued 

maintenance of the 1997 annual and the 

2006 24-hour PM2.5 NAAQS. 

First, as noted previously in EPA’s 

discussion of section 189(e), VOC 

emission levels in the SteubenvilleWeirton Area have historically been 

well-controlled under SIP requirements 

related to ozone and other pollutants. 

Second, total ammonia emissions 

throughout the Steubenville-Weirton 

Area are low, especially when 

comparing in comparison to the total 

amounts of SO2, NOX, and even direct 

PM2.5 emissions from sources in the 

Area. 

West Virginia’s maintenance plan 

shows that significant emissions of 

direct PM2.5, NOX, and SO2 are 

projected to decrease by 116 tpy, 25,816 

tpy, and 90, 823 tpy, respectively, over 

the maintenance period in the Area. See 

Tables 5–7. In addition, emissions 

inventories used in the regulatory 

impact analysis (RIA) for the 2012 PM2.5

NAAQS 12 show that VOC emissions in 

the Area are projected to decrease by 

1,405 tpy between 2007 and 2020. 

Ammonia emissions are projected to 

increase by 150 tpy between 2007 and 

2020; however this increase is not 

significant when compared with the 

emissions reductions projected for the 

other precursors. See Table 8. Given that 

the Steubenville-Weirton Area is 

already attaining the 1997 annual and 

the 2006 24-hour PM2.5 NAAQS even 

with the current level of emissions from 

sources in the Area, the downward 

trend of emissions inventories would be 

consistent with continued attainment. 

Indeed, projected emissions reductions 

for the precursors that West Virginia is 

addressing for purposes of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

indicate that the Area should continue 

to attain both standards following the 

precursor control strategy that the State 

has already elected to pursue. Even if 

VOC and ammonia emissions were to 

increase unexpectedly between 2007 

and 2025, the overall emissions 

reductions projected between 2008 and 

2025 of direct PM2.5, NOX and SO2

would be sufficient to offset any 

increases. For these reasons, EPA 

believes that local emissions of all of the 

potential PM2.5 precursors will not 

increase to the extent that they will 

cause monitored PM2.5 levels to violate 

either the 1997 annual or 2006 24-hour 

PM2.5 standard during the maintenance 

period. 

TABLE 8—COMPARISON OF 2007 AND 2020 EMISSIONS OF VOC AND AMMONIA FOR THE ENTIRE STEUBENVILLE-WEIRTON

AREA, IN TONS PER YEAR (TPY) 13

Sector 

VOC Ammonia 

2007 2020 Net change 

2007–2020 2007 2020 Net change 2007–2020 

Point ......................................................... 1,316 1,491 175 94 271 177 

Area .......................................................... 1,441 1,443 2 239 241 2 

Nonroad ................................................... 829 380 -449 1 1 0 

Onroad ..................................................... 1,673 540 -1,133 56 27 -29 

Fires ......................................................... 18 18 0 1 1 0 

Total .................................................. 5,276 3,872 -1,405 391 542 150 

In addition, available air quality 

modeling analyses show continued 

maintenance of the standard during the 

maintenance period. The current annual 

design value for the Area is 12.7 mg/m3

and the current 24-hour design value is 

27 mg/m3, based on preliminary 2010– 

2012 air quality data, which are well 

below the levels of the 1997 annual and 

2006 24-hour PM2.5 NAAQS. See Tables 

1 and 2. Moreover, the modeling 

analysis conducted for the RIA for the 

2012 PM2.5 NAAQS indicates that the 

design values for the SteubenvilleWeirton Area are expected to continue 

to decline through 2020. In the RIA 

analysis, the 2020 modeled annual 

design value for the Area is 9.3 mg/m3

and the 2020 24-hour design value is 23 

mg/m3.14 Given that most precursor 

emissions are projected to decrease 

through 2025, it is reasonable to 

conclude that monitored PM2.5 levels in 

the Area will also continue to decrease 

through 2025. 

Thus, EPA believes that there is 

ample justification to conclude that the 

West Virginia portion of the 

Steubenville-Weirton Area should be 

redesignated, even taking into 

consideration the emissions of other 

precursors potentially relevant to PM2.5. 

After consideration of the D.C. Circuit’s 

January 4, 2013 decision, and for the 

reasons set forth in this notice, EPA 

proposes to approve West Virginia’s 

maintenance plans and requests to 

redesignate its portion of the 

Steubenville-Weirton Area to attainment 

for the 1997 annual and 2006 24-hour 

PM2.5 standards. This proposed 

approval is based on a showing that the 

West Virginia’s maintenance plans 

provides for maintenance of both the 

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15The 2004 rulemaking action addressed most of 

the transportation conformity requirements that 

apply in PM2.5 nonattainment and maintenance 

areas. The 2005 conformity rule included 

provisions addressing treatment of PM2.5 precursors 

in MVEBs. See 40 CFR 93.102(b)(2). While none of 

these provisions were challenged in the NRDC case, 

EPA also notes that the Court declined to address 

challenges to EPA’s presumptions regarding PM2.5

precursors in the PM2.5 implementation rule. NRDC 

v. EPA, at 27, n. 10. 

1997 annual and 2006 24-hour PM2.5

standards for at least ten years after 

redesignation, throughout 2025, in 

accordance with section 175A. 

C. Transportation Conformity 

Insignificance Determinations 

Transportation conformity is required 

under section 176(c) of the CAA to 

ensure that Federally supported 

highway, transit projects, and other 

activities are consistent with (conform 

to) the purpose of the SIP. The CAA 

requires Federal actions in 

nonattainment and maintenance areas to 

‘‘conform to’’ the goals of SIP. This 

means that such actions will not cause 

or contribute to violations of a NAAQS; 

worsen the severity of an existing 

violation; or delay timely attainment of 

any NAAQS or any interim milestone. 

Actions involving Federal Highway 

Administration (FHWA) or Federal 

Transit Administration (FTA) funding 

or approval are subject to the 

Transportation Conformity Rule (40 CFR 

part 93, subpart A). Under this rule, 

metropolitan planning organizations 

(MPOs) in nonattainment and 

maintenance areas coordinate with state 

air quality and transportation agencies, 

EPA, FHWA, and FTA to demonstrate 

that their metropolitan transportation 

plans and transportation improvement 

plans (TIPs) conform to applicable SIPs. 

This is typically determined by showing 

that estimated emissions from existing 

and planned highway and transit 

systems are less than or equal to the 

motor vehicle emissions budgets 

(MVEBs) contained in a SIP. 

For MVEBs to be approvable, they 

must meet, at a minimum, EPA’s 

adequacy criteria found at 40 CFR 

93.118(e)(4). However, in certain 

instances, the Transportation 

Conformity Rule allows areas to forgo 

establishment of a MVEB where it is 

demonstrated that the regional motor 

vehicle emissions for a particular 

pollutant or precursor are an 

insignificant contributor to the air 

quality problem in an area. The general 

criteria for insignificance 

determinations can be found in 40 CFR 

93.109(f). Insignificance determinations 

are based on a number of factors, 

including the percentage of motor 

vehicle emissions in the context of the 

total SIP inventory; the current state of 

air quality as determined by monitoring 

data for the relevant NAAQS; the 

absence of SIP motor vehicle control 

measures; and the historical trends and 

future projections of the growth of 

motor vehicle emissions. EPA’s 

rationale for providing for insignificance 

determinations is described in the July 

1, 2004, revision to the Transportation 

Conformity Rule at 69 FR 40004. 

Specifically, the rationale is explained 

on page 40061 under the subsection 

XXIII.B. entitled, ‘‘Areas With 

Insignificant Motor Vehicle Emissions.’’ 

As part of the 1997 annual and the 

2006 24-hour PM2.5 NAAQS 

redesignation requests and maintenance 

plans, West Virginia is requesting that 

EPA finds that onroad emission of direct 

PM2.5 and NOX emissions for the 

Steubenville-Weirton Area are 

insignificant for transportation 

conformity purposes. On August 15, 

2013, EPA initiated an adequacy review 

of the findings of insignificance for both 

the 1997 annual and the 2006 24-hour 

PM2.5 NAAQS that West Virginia 

included in its redesignation submittals. 

As such, notices of the submission of 

these findings were posted on the 

adequacy Web site (http://epa.gov/otaq/ 

stateresources/transconf/currsips.htm). 

The public comment period closed on 

September 16, 2013. There were no 

public comments. EPA is acting on 

making these adequacy findings final 

through a separate notice of adequacy. 

Consistent with EPA’s adequacy review 

of West Virginia’s redesignation 

requests and maintenance plans and 

EPA’s thorough review of the entire SIP 

submissions, EPA is proposing to 

approve West Virginia’s insignificance 

determinations for the onroad motor 

vehicle contribution of PM2.5 and NOX

emissions to the overall PM2.5 emissions 

for the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS for the SteubenvilleWeirton Area. 

Because EPA finds that West 

Virginia’s submittals meet the criteria in 

the Transportation Conformity Rule for 

insignificance findings for motor vehicle 

emissions of PM2.5 and NOX in the 

Steubenville-Weirton Area, it is not 

necessary to establish PM2.5 and NOX

MVEBs for the Area. EPA finds that the 

submittals demonstrate that PM2.5 and 

NOX, regional motor vehicle emissions 

are insignificant contributors to the 

annual and daily PM2.5 air quality in the 

Steubenville-Weirton Area. These 

findings are based on the following: (1) 

The State provided information that 

projects that onroad mobile source NOX

constitutes 5 percent or less of the 

Area’s total NOX emissions in 2015 and 

2025 due to continuing fleet turnover; 

(2) the State provided information that 

projects that onroad mobile source PM2.5

emissions constitute 3.59% of the Area’s 

total PM2.5 emissions and decreases 

significantly in later analysis years to 

1.84% (2015) and 1.21% (2025); (3) 

there are no SIP requirements for motor 

vehicle control measures for the 

Steubenville-Weirton Area and it is 

unlikely that motor vehicle control 

measures will be implemented for PM2.5

in the Area in the future; and (4) the 

Area has attained both the 1997 annual 

and the 2006 24-hour PM2.5 NAAQS. As 

a result, MVEBs for PM2.5 and NOX are 

not required for the SteubenvilleWeirton Area to maintain the 1997 

annual and the 2006 24-hour PM2.5

NAAQS. EPA is proposing to approve 

the findings of insignificant 

contribution by onroad sources for PM2.5

and NOX, resulting in no proposed 

MVEBs for the Steubenville-Weirton 

Area for the 2015 and 2025 projected 

maintenance years. Onroad emissions 

were calculated using the EPA required 

MOVES2010a model. 

West Virginia did not provide 

emission budgets for SO2, VOC, and 

ammonia because it concluded, 

consistent with the presumptions 

regarding these precursors in the 

Transportation Conformity Rule at 40 

CFR 93.102(b)(2)(v), which predated 

and was not disturbed by the litigation 

on the 1997 PM2.5 Implementation Rule, 

that emissions of these precursors from 

motor vehicles are not significant 

contributors to the Area’s PM2.5 air 

quality problem. 

EPA issued conformity regulations to 

implement the 1997 annual PM2.5

NAAQS in July 2004 and May 2005 (69 

FR 40004, July 1, 2004 and 70 FR 24280, 

May 6, 2005, respectively). Those 

actions were not part of the final rule 

recently remanded to EPA by the Court 

of Appeals for the District of Columbia 

in NRDC v. EPA, No. 08–1250 (Jan. 4, 

2013), in which the Court remanded to 

EPA the 1997 PM2.5 Implementation 

Rule because it concluded that EPA 

must implement that NAAQS pursuant 

to the PM-specific implementation 

provisions of subpart 4, rather than 

solely under the general provisions of 

subpart 1. That decision does not affect 

EPA’s proposed approval of the 

insignificance findings. 

First, as noted above, EPA’s 

conformity rule implementing the 1997 

annual PM2.5 NAAQS was a separate 

action from the overall PM2.5

implementation rule addressed by the 

Court and was not considered or 

disturbed by the decision. Therefore, the 

conformity regulations were not at issue 

in NRDC v. EPA.15 In addition, as 

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73786 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules 

discussed in section V.A.1 of this 

rulemaking action, the air quality data 

show that the Steubenville-Weirton 

Area continues to attain both the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

Further, the State’s maintenance plan 

shows continued maintenance through 

2025 by demonstrating that NOX, SO2, 

and direct PM2.5 emissions continue to 

decrease through the maintenance 

period. With regard to SO2, the 2005 

final conformity rule (70 FR 24280) 

based its presumption concerning 

onroad SO2 MVEBs on emissions 

inventories that show that SO2

emissions from onroad sources 

constitute a ‘‘de minimis’’ portion of 

total SO2 emissions. For the 

Steubenville-Weirton Area, onroad 

mobile source SO2 constitutes less than 

one tenth of one percent (<0.1%) of the 

Area’s total SO2 emissions in the 2015 

and 2025 horizon years. For more 

information on EPA’s review of the 

determination of insignificance, see the 

TSD dated September 24, 2013, 

available in the docket for this 

rulemaking action at 

www.regulations.gov. 

VI. Proposed Actions 

EPA is proposing to approve the two 

redesignation requests of the West 

Virginia portion of the SteubenvilleWeirton Area from nonattainment to 

attainment for the 1997 annual and the 

2006 24-hour PM2.5 NAAQS, 

respectively. EPA has evaluated West 

Virginia’s redesignation requests and 

determined that upon approval of the 

2008 comprehensive emissions 

inventory for the 2006 24-hour PM2.5

NAAQS proposed as part of this 

rulemaking action, it would meet the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA for both 

standards. EPA believes that the 

monitoring data demonstrate that the 

Steubenville-Weirton Area is attaining 

and will continue to attain the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

EPA is also proposing to approve the 

associated maintenance plans for the 

West Virginia portion of the Area as a 

revision to the West Virginia SIP for the 

1997 annual and 2006 24-hour PM2.5

standards because it meets the 

requirements of CAA section 175A for 

both standards. For transportation 

conformity purposes, EPA is also 

proposing to approve for both the 1997 

annual and 2006 24-hour PM2.5

standards West Virginia’s 

determinations that onroad emissions of 

PM2.5 and NOX are insignificant 

contributors to PM2.5 concentrations in 

the Steubenville-Weirton Area. Final 

approval of the redesignation requests 

would change the official designations 

of the West Virginia portion of the 

Steubenville-Weirton Area for the 1997 

annual and the 2006 24-hour PM2.5

NAAQS, respectively, found at 40 CFR 

part 81, from nonattainment to 

attainment, and would incorporate into 

the West Virginia SIP the associated 

maintenance plans ensuring continued 

attainment of the 1997 annual and 2006 

24-hour PM2.5 NAAQS in the West 

Virginia portion of the Area for the next 

10 years, until 2025. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act 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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law and 

the CAA. For that reason, this proposed 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 (Publ. 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); 

• 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 CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rulemaking, in which 

EPA is proposing approval of the 

redesignation requests and maintenance 

plans for the West Virginia portion of 

the Steubenville-Weirton Area for the 

1997 annual and 2006 24-hour PM2.5

NAAQS and the 2008 comprehensive 

emissions inventory for the 2006 24- 

hour PM2.5 NAAQS, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen oxides, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

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

Dated: November 20, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–28940 Filed 12–6–13; 8:45 am] 

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