Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the City of Weirton Including the Clay and Butler Magisterial Districts SO2 Nonattainment Area and Approval of the Maintenance Plan

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: January 10, 2005 (Volume 70, Number 6)]
[Rules and Regulations]
[Page 1664-1668]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja05-5]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R03-OAR-2004-WV-0002; FRL-7852-8a]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the City of Weirton Including the Clay
and Butler Magisterial Districts SO2 Nonattainment Area and Approval of
the Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a request by the
State of West Virginia to redesignate the sulfur dioxide
(SO₂) nonattainment area of the City of Weirton, including
the Clay and Butler Magisterial Districts in Hancock County, from
nonattainment to attainment of the national ambient air quality
standards (NAAQS) for SO₂. EPA is also approving the
maintenance plan for this area submitted by the State of West Virginia
as a revision to the West Virginia State Implementation Plan (SIP).
This plan provides for the maintenance of the NAAQS for SO₂
for the next ten years. These actions are being taken in accordance
with the Clean Air Act (CAA or the Act).

DATES: This rule is effective on March 11, 2005, without further
notice, unless EPA receives adverse written comment by February 9,
2005. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in
Edocket (RME) ID Number R03-OAR-2004-WV-0002 by one of the following
methods:
A. Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
B. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03-OAR-2004-WV-0002, Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-listed 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 RME ID No. R03-OAR-2004-WV-
0002. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
http://docket.epa.gov/rmepub/, 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 RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 e-mail comment directly to EPA without going
through RME or regulations.gov, your e-mail 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
RME index at http://docket.epa.gov/rmepub/. 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 RME
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 material to be
incorporated by reference are available at the Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B108, Washington, DC 20460. Copies of
the State submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 7012 MacCorkle
Avenue, SE., Charleston, West Virginia 25304-2943.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Under the CAA, EPA may redesignate areas to attainment if
sufficient data are available to warrant such changes and the area
meets the criteria contained in section 107(d)(3) of the Act. This
includes full approval of a maintenance plan for the area. The
requirements for a maintenance plan are found in section 175A of the CAA.
On December 21, 1993 (58 FR 67334), EPA designated the City of
Weirton, including the Clay and Butler Magisterial Districts of Hancock
County, West Virginia (the Weirton area), to nonattainment for
SO₂ based upon monitored values at the Oak Street monitoring
site in the Weirton, West Virginia area. This action required the State
to submit a SIP revision for the Weirton area by July 1995. On July 21,
1995, EPA received a SIP revision submittal for the Weirton area.

[[Page 1665]]

However, models available at the time for air quality planning purposes
had limited applicability due to the intricate topography of the area.
An additional issue to that of complex terrain was the lack of
comprehensive local meteorological data that was representative of the
specific area. EPA commented on the SIP submittal and encouraged the
West Virginia Department of Environmental Protection (WVDEP) to
consider siting and installing a new meteorological tower so that
representative local meteorological data could be generated for use in
refined air quality modeling analyses for attainment planning purposes.
A 60-meter meteorological tower and acoustical Sound Detection and
Ranging (SODAR) equipment were installed in Weirton, West Virginia.
Additional air quality monitors were added to the area surrounding
Weirton Steel based on ``hot spot'' modeling locations identified by
EPA. Modeling results indicated the major contributors of ambient
SO₂ levels in the local area to be sources located within
the Weirton Steel Corporation and the Wheeling-Pittsburgh Steel
Corporation. Modeled attainment of the NAAQS required a Consent Order
(CO) be entered into between Weirton Steel Corporation and the WVDEP,
and the modification of a permit for Wheeling-Pittsburgh Steel
Corporation issued by WVDEP. These documents serve as the enforceable
mechanisms which establish and impose the allowable emission limits on
specific units within each of the facilities sufficient to attain the
NAAQS for SO₂ in the Weirton area.
On December 29, 2003, West Virginia submitted a formal SIP revision
for the Weirton area. The SIP revision consisted of the revised
enforceable operating permit for the Wheeling-Pittsburgh Steel
Corporation, and the CO entered into by and between the WVDEP and the
Weirton Steel Corporation in Hancock County, West Virginia. These
documents establish and impose allowable SO₂ emission limits
for numerous emission points at both facilities. The SIP submittal also
included an air quality modeling demonstration that indicated that the
allowable emission limits would provide for the attainment of the NAAQS
for SO₂ in the Weirton area. On May 5, 2004 (69 FR 24986),
EPA fully approved West Virginia's December 29, 2003, SIP revision for
the Weirton area.

II. Summary of the Redesignation Request and Maintenance Plan SIP Revision

On July 27, 2004, the State of West Virginia submitted a request to
redesignate the Weirton area to attainment for SO₂. The July
27, 2004, submittal also includes a SIP revision consisting of a
SO₂ maintenance plan for the Weirton area. Under the CAA,
EPA may redesignate nonattainment areas to attainment if sufficient
data are available to warrant such changes and the area meets the
criteria contained in section 107(d)(3)(E). This includes full approval
of a maintenance plan for the area. EPA may approve a maintenance plan
which meets the requirements of section 175A of the Act.

III. Redesignation Criteria

Section 107(d)(3)(E) of the CAA, as amended, specifies five
requirements that must be met to redesignate an area to attainment.
They are as follows:
1. The area must meet the applicable NAAQS.
2. The area must have a fully approved SIP under section 110(k).
3. The area must show improvement in air quality due to permanent
and enforceable reductions in emissions.
4. The area must meet all relevant requirements under section 110
and part D of the Act.
5. The area must have a fully approved maintenance plan pursuant to
section 175A.
The EPA has reviewed the redesignation request submitted by the
State of West Virginia for the Weirton area, and finds that the request
meets the five requirements of section 107(d)(3)(E).

A. The Data Shows Attainment of the NAAQS for SO₂ in the
City of Weirton, Including the Clay and Butler Magisterial Districts
SO₂ Nonattainment Area

The Weirton area's nonattainment designation was based upon
monitored values recorded in the area in the 1980's and early 1990's.
No violations of the SO₂ standards have occurred in the
Weirton area since1994 due to the implementation of enforceable
measures to reduce ambient SO₂ levels. The redesignation
request for the Weirton area is based upon air quality data for the
most recent three whole calendar years (2001-2003). A review of the
ambient air quality data demonstrates that the NAAQS have been achieved
in the Weirton area. The data was collected and quality assured in
accordance with 40 CFR part 58, and entered into the Air Quality
Subsystem (AQS) of the Aerometric Information Retrieval System (AIRS).
This data indicates that the ambient air quality attains the annual and
24-hour health-based primary standards, and the 3-hour secondary
standard. The primary standards are an annual mean of 0.030 parts per
million (ppm), not to be exceeded in a calendar year, and a 24-hour
average of 0.14 ppm, not to be exceeded more than once per calendar
year. The secondary standard is a 3-hour average of 0.5 ppm, not to be
exceeded more than once per calendar year. Therefore, West Virginia has
quality-assured SO₂ ambient air monitoring data showing that
the Weirton area has attained the NAAQS for SO₂.
West Virginia's July 27, 2004, submittal includes a table
summarizing the monitoring data that has been collected in the Weirton
area by West Virginia since 1992. The State's submittal is included and
available for review in both the hard copy and E-Docket for this
rulemaking. There are currently six monitors operating within the
Weirton area: Oak Street, Summit Circle, Marland Heights, Williams
Country Club, McKim Ridge, and Skyview. All of the monitors meet the
requirements of 40 CFR parts 53 and 58, and are representative of the
highest ambient concentrations.

B. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA

EPA fully approved the modeled attainment demonstration for the
Weirton area and the enforceable documents imposing the allowable
SO₂ emission limits for the contributing sources as a SIP
revision on May 5, 2004 (69 FR 24986), effective July 6, 2004. As
stated previously, this dispersion modeling was based upon enforceable
SO₂ emission limits imposed in enforceable documents, in
addition to a representative background, and demonstrated that the
maximum SO₂ impacts do not violate the NAAQS for
SO₂. The maintenance plan submitted as a SIP revision, and
the fully approved attainment demonstration (69 FR 24986) show that the
ambient air quality in the Weirton SO₂ nonattainment area
meets the national standards for SO₂.
The Federal requirements for new source review (NSR) in
nonattainment areas are contained in section 172(c)(5) of the CAA. EPA
guidance indicates the requirements of the part D new NSR program will
be replaced by the Prevention of Significant Deterioration (PSD)
program when an area has reached attainment and been redesignated,
provided there are assurances that PSD will become fully effective upon
redesignation. West Virginia's PSD program was approved into the West
Virginia SIP on April 11, 1986 (51 FR 12518). The PSD program will
become fully effective in the Weirton area immediately upon redesignation.

[[Page 1666]]

C. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions

As stated previously, the improvement in air quality in the Weirton
area is due to permanent and enforceable emission reductions. The
primary sources of SO₂ in the Weirton area are the steel
manufacturing and coke processing facilities located in or adjacent to
the area. Within these specified industries, SO₂ is emitted
from various point and area sources. A decline in the steel industry
along with the downsizing of the production workforce has contributed
to lower emissions from sources in the area. A number of facilities
within, or adjacent to the nonattainment area have permanently ceased
operations, and a number of sources have switched to cleaner burning
fuels that reduce the overall production of criteria pollutants,
including SO₂. West Virginia has submitted and EPA has SIP-
approved documents which make these SO₂ reductions permanent
and enforceable.
If a new source is constructed or an existing source modified after
EPA redesignates the area to attainment, the air quality analyses
required under West Virginia's SIP-approved NSR and/or PSD programs,
will ensure that such sources are permitted with emissions limits at or
below those needed to assure attainment and maintenance of the NAAQS
for SO₂ and protection of all applicable PSD increments.

D. The State Has Met All Applicable Requirements for the Area Under
Section 110 and Part D of the CAA

The Weirton area has met all applicable and necessary requirements
of section 110 and subchapter 1, of part D of the CAA. As mentioned
previously, the modeled attainment demonstration for the Weirton area
as well as the emission inventory and the enforceable emission
limitations reflected in that demonstration were fully approved by EPA
as a SIP revision on May 5, 2004 (69 FR 24986), effective July 6, 2004.
The West Virginia SIP has approved minor and major source NSR
requirements including an approved PSD program.
EPA approval of a transportation conformity SIP revision for the
area is not required for redesignation because the nature of the area's
previous SO₂ nonattainment problem has been determined to be
overwhelmingly attributable to stationary sources. The attainment
demonstration SIP revision which EPA approved on May 5, 2004, contained
a detailed emissions inventory of the allowable emissions for all of
the sources of SO₂ in the area. Sulfur dioxide emissions
from area and mobile sources are insignificant in comparison to the
emissions from stationary sources and estimated background
concentrations used in the modeled attainment demonstration approved by
EPA.

E. The Area Has a Fully Approved Maintenance Plan Under Section 175A of
the CAA

Section 175A of the CAA sets forth the necessary elements of a
maintenance plan needed for areas seeking redesignation from
nonattainment to attainment. The maintenance plan is required to be
approved as a SIP revision under section 110 of the CAA. Under section
175A(a) of the CAA, the maintenance plan must show that the NAAQS for
SO₂ will be maintained for at least 10 years after EPA
approves a redesignation to attainment. The maintenance plan must also
include contingency measures to address any violation of the NAAQS.
Eight years after the redesignation, West Virginia must submit a
revised maintenance plan which demonstrates attainment for the 10 years
following the initial 10-year period.
The State of West Virginia submitted an SO₂ Maintenance
Plan for the City of Weirton, including the Clay and Butler Magisterial
Districts, on July 27, 2004. The maintenance plan and associated
contingency measures are being approved in the SIP with this
rulemaking. The major elements of this maintenance plan are described
in the following paragraphs.
Maintenance Plan Requirements
1. Emissions Inventory
The maintenance plan indicates that the attainment inventory is the
emissions inventory used to perform the SIP-approved modeled attainment
demonstration and provides updates to that inventory for 2001 for
sources in the City of Weirton nonattainment area. Any future increases
in emissions and/or significant changes to the stack configuration
parameters from those modeled in the attainment demonstration due to
new or modifying stationary sources, would be subject to the West
Virginia's SIP's minor source NSR and/or PSD requirements including a
demonstration that the NAAQS and applicable PSD increments are protected.
2. Maintenance Demonstration
The modeled attainment demonstration submitted by West Virginia,
which was fully approved by EPA on May 5, 2004 (69 FR 24986), showed
attainment of the SO₂ NAAQS. Modeling results submitted
indicate future NAAQS maintenance of the area. Steel manufacturing and
coke production are the primary sources of SO₂ in the
Weirton area. The major source changes in the area consist of
permanent, enforceable shutdowns, which will reinforce the continued
attainment of the area. A shift in employment from manufacturing to
commercial business and the declining steel industry and ancillary
industries in the area indicate a continued decrease in SO₂
emissions from stationary sources. The requirement for minor source NSR
and PSD review/permitting for any future major source construction or
modification, and the permanent and enforceable control measures were
provided in the maintenance plan. As stated previously, subsequent to
redesignation, any future increases in emissions and/or significant
changes to the stack configuration parameters from those modeled in the
attainment demonstration due to new or modifying stationary sources,
would be subject to the West Virginia's SIP's minor source NSR and/or
PSD requirements including a demonstration that the NAAQS and
applicable PSD increments are protected. A projected decrease in
population along with a decrease in occupied households for the years
1990-2025 indicates that no new growth is anticipated to impact
emissions in the area.
3. Continuation of the Monitoring Network
West Virginia has indicated in the submitted maintenance plan that
it will continue to monitor SO₂ in the Weirton area in
accordance with 40 CFR parts 53 and 58 to verify continued attainment
with the NAAQS for SO₂. The data will continue to be entered
into the Air Quality Subsystem (AQS) of the Aerometric Information
Retrieval System (AIRS).
4. Verification of Continued Attainment
The WVDEP has committed in the maintenance plan to review the
monitored data annually, and to review the local monitored
meteorological data. WVDEP will also assess compliance of local
targeted facilities to verify continued attainment of the area. The
state will review and update the annual emissions inventory for the
Weirton area at a minimum of once every three years.
5. Contingency Plan
WVDEP has indicated in its submitted maintenance plan that it will
rely on

[[Page 1667]]

ambient air monitoring data in the Weirton area to track compliance
with the NAAQS for SO₂ and to determine the need to
implement contingency measures. In the event that an exceedance of the
NAAQS for SO₂ occurs, the State will expeditiously
investigate and determine the source(s) that caused the exceedance and/
or violation, and enforce any SIP or permit limit that is violated. In
the event that all sources are found to be in compliance with
applicable SIP and permit emission limits, the State shall perform the
necessary analysis to determine the cause(s) of the exceedance, and
determine what additional control measures are necessary to impose on
the area's stationary sources to continue to maintain attainment of the
NAAQS for SO₂. The State shall inform any affected
stationary source(s) of SO₂ of the potential need for
additional control measures. If there is a violation of the NAAQS for
SO₂, the State will notify the stationary source(s) that the
potential exists for a NAAQS violation. Within six months, the
source(s) must submit a detailed plan of action specifying additional
control measures to be implemented no later than 18 months after the
notification. The additional control measures will be submitted to EPA
for approval and incorporation into the SIP.

IV. Final Action

EPA is approving West Virginia's request to redesignate the City of
Weirton, including the Clay and Butler Magisterial Districts,
SO₂ nonattainment area to attainment because the State has
complied with the requirements of section 107(d)(3)(E) of the CAA. In
addition, EPA is approving West Virginia's maintenance plan for the
Weirton area as a SIP revision because it meets the requirements of
section 175A.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on March 11, 2005, without further
notice unless EPA receives adverse comment by February 9, 2005. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (59 FR 22951, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant. In reviewing SIP
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the Clean Air Act. In this context, in the absence
of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 11, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.
This action to redesignate the City of Weirton, including the Clay
and Butler Magisterial Districts, in Hancock County, West Virginia, may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

[[Page 1668]]

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: December 14, 2004.
Donald S. Welsh,
Regional Administrator, Region III.

40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

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

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

Subpart XX--West Virginia

? 2. Section 52.2520 is amended by adding paragraph (c)(62) to read as
follows:

Sec. 52.2520 Identification of plan.

* * * * *
(c) * * *
(62) The SO₂ Redesignation Request and Maintenance Plan
for the City of Weirton, including the Clay and Butler Magisterial
Districts in West Virginia, submitted by the West Virginia Department
of Environmental Protection on July 27, 2004:
(i) Incorporation by reference.
(A) Letter of July 27, 2004 from the West Virginia Department of
Environmental Protection, transmitting the redesignation request and
maintenance plan for the City of Weirton, including the Clay and Butler
Magisterial Districts in Hancock County, West Virginia.
(B) The City of Weirton, including the Clay and Butler Magisterial
Districts, Sulfur Dioxide Maintenance Plan, dated July 27, 2004.
(ii) Additional Material. Remainder of the State submittal
pertaining to the revision listed in paragraph (c)(62)(i) of this section.

PART 81--[AMENDED]

Subpart C--Section 107 Attainment Status Designations

? 1. The authority citation for Part 81 continues to read as follows:

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

? 2. Section 81.349, the table for ``West Virginia--SO₂'' is
amended by revising the entry for Hancock County to read as follows:

Sec. 81.349 West Virginia.

* * * * *

West Virginia--SO2
----------------------------------------------------------------------------------------------------------------
Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
----------------------------------------------------------------------------------------------------------------
Hancock County (part):
The city of Weirton, including Butler and .............. .............. .............. X
Clay magisterial districts................

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 05-418 Filed 1-7-05; 8:45 am]
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Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the City of Weirton Including the Clay and Butler Magisterial Districts SO2 Nonattainment Area and Approval of the Maintenance Plan

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