Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the New Manchester-Grant Magisterial District 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: June 8, 2005 (Volume 70, Number 109)]
[Rules and Regulations]
[Page 33364-33368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn05-16]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R03-OAR-2004-WV-0003; FRL-7922-1]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the New Manchester-Grant Magisterial
District 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 New Manchester-Grant
Magisterial District sulfur dioxide (SO₂) nonattainment area
in Hancock County, West Virginia 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 August 8, 2005 without further notice,
unless EPA receives adverse written comment by July 8, 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-0003 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: campbell.dave@epa.gov.
D. Mail: R03-OAR-2004-WV-0003, David Campbell, 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-
0003. 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
identify 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 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.

[[Page 33365]]

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

SUPPLEMENTARY INFORMATION:

I. Background

The New Manchester-Grant Magisterial District of Hancock County was
designated as an SO₂ nonattainment area on March 3, 1978 (43
FR 8962), as amended on September 12, 1978 (43 FR 40502). On July 24,
1979 (44 FR 43298), and August 14, 1980 (45 FR 54042), EPA proposed and
finalized, respectively, a revision to the West Virginia SIP for
SO₂. The revision contained a control strategy and
attainment demonstration for the New Manchester-Grant area.
On February 5, 1990, EPA issued a SIP call to West Virginia which,
among other things, required the submission of a SIP revision to attain
and maintain the NAAQS for SO₂ in all of Hancock County,
including the New Manchester-Grant nonattainment area. The SIP call was
issued because monitored violations of the NAAQS indicated that the
previously approved SIP for the area was inadequate. On November 15,
1990, amendments to the Act were promulgated which provided that any
area designated with respect to the NAAQS, as in effect immediately
before November 15, 1990, shall retain that designation by operation of
law. Therefore, the New Manchester-Grant Magisterial District, in
Hancock County, West Virginia remained designated as nonattainment for
SO₂ by operation of law.
On February 17, 1995 and May 3, 1996, West Virginia submitted a
formal SIP revision for the New Manchester-Grant Magisterial District
nonattainment area. The SIP revision included individual consent
orders, dated January 9, 1995, between the West Virginia Department of
Environmental Protection (WVDEP) and the Quaker State Refinery, and the
WVDEP and Weirton Steel Corporation. These consent orders established
SO₂ emission limits for numerous emission points at both
facilities. The SIP revision also included a demonstration of
attainment in the New Manchester-Grant nonattainment area. EPA
determined that the submittal was administratively and technically
complete and, on November 27, 1996 (61 FR 60191), EPA approved this SIP
revision for the New Manchester-Grant Magisterial District.
On December 29, 2003, West Virginia submitted an attainment
demonstration SIP revision for the City of Weirton, including the Clay
and Butler Magisterial Districts, in Hancock County, West Virginia.
That revision included a revised consent order, dated August 4, 2003,
between the WVDEP and the Weirton Steel Corporation, establishing
enforceable emission limits for numerous emission points at the
facility. On May 5, 2004, (69 FR 24986), EPA approved this revised
consent order as part of the attainment demonstration SIP revision for
the City of Weirton including the Clay and Butler Magisterial Districts
area. It should be noted that this revised consent order did not allow
for any increases in SO₂ emissions above those modeled for
Weirton Steel Corporation in the attainment demonstration SIP revision
for the New Manchester-Grant Magisterial District approved by EPA on
November 27, 1996 (61 FR 60191).

II. Summary of the Redesignation Request and Maintenance Plan

On July 27, 2004, the State of West Virginia submitted a
redesignation request for the New Manchester-Grant Magisterial
District, Hancock County, West Virginia SO₂ nonattainment
area. The State's July 27, 2004 submittal also included a maintenance
plan for approval by EPA as a SIP revision. Under the Act, 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). These criteria include full approval
of a maintenance plan which meets the requirements of section 175A of
the Act.

III. Redesignation Criteria

Section 107(d)(3)(E) of the CAA specifies five requirements that
must be met to redesignate an area to attainment. They are as follows:
A. The area must meet the applicable NAAQS.
B. The area must have a fully approved SIP under section 110(k).
C. The area must show improvement in air quality due to permanent
and enforceable reductions in emissions.
D. The area must meet all relevant requirements under section 110
and part D of the Act.
E. 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 New Manchester-Grant Magisterial
District SO₂ nonattainment 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

A review of the monitored ambient air quality data indicates that
the NAAQS have been achieved in the New Manchester-Grant Magisterial
District SO₂ nonattainment area. Quality assured/quality
controlled data for the most recent three whole calendar years (2001-
2003) is included in West Virginia's July 27, 2004 submittal. This data
was collected and quality assured in accordance with 40 CFR part 58,
and has been entered into EPA's Air Quality System (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. West Virginia's quality-assured SO₂ ambient
air monitoring data indicates that the New Manchester-Grant
SO₂ area has attained the NAAQS for SO₂. No
violations of the SO₂ standards have occurred for a period
of time nearing ten years. A table summarizing the monitoring data that
has been collected in the New Manchester-Grant area by West Virginia
since 1992 can be found in the formal submittal and that submittal is
available for review in the docket prepared in support of this
rulemaking action. There are currently four monitors operating within
the nonattainment area: Chester, Lawrenceville, New Manchester, and New
Cumberland. 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

On November 27, 1996 (61 FR 60191), EPA fully approved a SIP
revision for the New Manchester-Grant Magisterial District
SO₂ nonattainment area consisting of an attainment
demonstration and enforceable consent orders for two sources in Hancock
County, West Virginia. This attainment demonstration consisted of a
dispersion modeling analysis based upon the enforceable SO₂
emission limits imposed on the two contributing sources in enforceable
consent orders, in addition to a representative background. This
modeling analysis demonstrated that the maximum allowable
SO₂ emission limitations imposed on the contributing sources
provide for attainment and maintenance of the NAAQS for SO₂.

[[Page 33366]]

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 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. Regulations for the PSD of air quality were approved
into the West Virginia SIP on April 11, 1986 (51 FR 12518), and will
become fully effective in the New Manchester-Grant area immediately
upon the effective date of redesignation.

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

The improvement in air quality in the New Manchester-Grant
Magisterial District SO₂ nonattainment area is due to
permanent and enforceable emission reductions. The primary sources of
SO₂ in the New Manchester area are the steel manufacturing
and petroleum processing facilities. Enforceable SO₂
emission limitations and other control measures (including permanent
shutdowns, fuel switching and emission caps) imposed by the State of
West Virginia on contributing sources have substantially lowered
ambient SO₂ levels and have brought the area into
attainment. As previously stated, on November 27, 1996 (61 FR 60191),
EPA approved a SIP revision for the New Manchester-Grant Magisterial
District consisting of a modeled attainment demonstration and consent
orders between West Virginia and Quaker State Refinery and Weirton
Steel Corporation, dated January 9, 1995, limiting each facility's
SO₂ emissions and providing attainment of the SO₂
NAAQS in the area.
If a new source applies to construct or an existing source applies
for a modification after EPA redesignates the area to attainment, the
permitting provisions of West Virginia's approved SIP, including those
for Prevention of Significant Deterioration (PSD), require that
emission limits and control measures be imposed to protect the NAAQS
and all applicable PSD increments.

D. All Applicable Requirements of Section 110 and Subpart 1, Part D of
the CAA Have Been Met

The New Manchester-Grant Magisterial District nonattainment area
has met all the applicable and necessary requirements of section 110
and subpart 1, of part D of the CAA. As mentioned previously, the
modeled attainment demonstration for the New Manchester-Grant area and
emission limitations established by permits and consent orders were
fully approved by EPA as a SIP revision for the area, and West
Virginia's PSD and NSR programs were approved by EPA. EPA approval of a
transportation conformity SIP revision for this area is not required
for redesignation because the nature of the area's previous
SO₂ nonattainment problem was not attributable to the mobile
or transportation sector. The attainment demonstration SIP revision
approved by EPA on November 27, 1996 (61 FR 60191) for the area
contained a detailed emissions inventory of all sources of
SO₂. That inventory was approved by EPA as part of the SIP
revision. Sulfur dioxide emissions from area and mobile sources are not
significant contributors to ambient SO₂ levels in the area,
rather the overwhelming contributing emissions are from stationary sources.

E. The Area Must Have a Fully Approved Maintenance Plan Under Section
175A

Section 107(d)(3)(E) of the CAA requires that a maintenance plan be
fully approved by EPA before an area can be redesignated to attainment.
The maintenance plan is to be submitted and approved as a SIP revision
under section 110 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. A maintenance plan must
contain the following elements:
1. An emissions inventory reflective of SO₂ emissions in
the monitored attainment years;
2. A maintenance demonstration which is expected to provide
adequate assurance of maintenance over the initial 10-year period;
3. A commitment to continue monitoring in the area;
4. A method for verifying continued attainment; and
5. A contingency plan with specific indicators or triggers for
implementation of the plan.
The maintenance plan for the New Manchester-Grant Magisterial
District area is being submitted to EPA for approval as a SIP revision
concurrently with the request for redesignation. The maintenance plan
shows that the NAAQS for SO₂ will be maintained for at least
10 years after redesignation. 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.
1. Emissions Inventory
The maintenance plan submitted indicates that the attainment
inventory is the emissions inventory used to perform the modeling
demonstration of attainment and provides updates to that inventory for
2001 for sources in the New Manchester-Grant 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 NSR requirements, including a demonstration that the NAAQS
is protected.
2. Maintenance Demonstration
The modeling demonstration of attainment submitted by West
Virginia, which was fully approved by EPA on November 27, 1996 (61 FR
60191), showed attainment of each of the SO₂ NAAQS. Modeling
results submitted indicate future NAAQS maintenance for the area. No
modifications or installations have been made that detrimentally affect
the modeling results. The major source changes in the area consist of
permanent shutdowns, which will reinforce the continued attainment in
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 PSD review and permitting for
any future major source construction or modification and the permanent
and enforceable control measures were provided in the maintenance plan.
Subsequent to redesignation, any major source construction or
modification will be subject to West Virginia's PSD requirements,
including a modeling demonstration to ensure maintenance of the NAAQS.
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. The State of West Virginia
is confident that the area will maintain the NAAQS for SO₂
for the next ten years.
3. Continuation of the Monitoring Network
West Virginia has indicated in the submitted maintenance plan that
it will continue to monitor SO₂ in the New Manchester-Grant
area in accordance

[[Page 33367]]

with 40 CFR 53 and 58 to verify continued attainment with the NAAQS for
SO₂.
4. Verification of Continued Attainment
West Virginia has committed in the maintenance plan to review the
monitored data annually, and to review the local monitored
meteorological data. The WVDEP will also assess compliance of local
targeted facilities to verify continued attainment of the area. The
State will review the annual emissions inventory for the New
Manchester-Grant area at a minimum of once every three years.
5. Contingency Plan
West Virginia will rely on ambient air monitoring data in the New
Manchester-Grant 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 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.
If an exceedance of an SO₂ NAAQS occurs, the State will
notify the subject companies that the potential exists for a NAAQS
violation. The subject companies must then prepare a detailed plan of
action containing control measures for implementation in the event of a
violation. This plan of action shall include an implementation time
line and shall be submitted to the State within six months of
notification that the potential exists for a violation. The final
milestone of this action plan and time line will state that the
contingency measures will be implemented no later than 18 months after
the State informs the subject companies that a violation of the
standards has occurred. Any 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 New
Manchester-Grant Magisterial District 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 New Manchester-Grant Magisterial
District 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 August 8, 2005 without further
notice unless EPA receives adverse comment by July 8, 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 (Pub. L. 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

[[Page 33368]]

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 August 8, 2005. Filing a
petition for reconsideration by the Administrator of this final rule to
redesignate the New Manchester-Grant Magisterial District to attainment
for SO₂ and approve the maintenance plan for the area, 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 may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Reporting and
recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: May 31, 2005.
Thomas Voltaggio,
Acting 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. In Sec. 52.2520 the table in paragraph (e) is amended by adding an
entry at the end of the table for the Sulfur Dioxide Maintenance Plan,
New Manchester-Grant Magisterial District in West Virginia to read as
follows:

Sec. 52.2520 Identification of plan.

* * * * *
(e) * * *

----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sulfur Dioxide Maintenance Plan... New Manchester- 7/27/04 6/08/05 [Insert page ................
Grant Magisterial number where the
District in Hancock document begins].
County.
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

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

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

Subpart C--Section 107 Attainment Status Designations

? 2. Section 81.349, the table for ``West Virginia--SO₂'' is
amended by revising the entry for ``New Manchester-Grant magisterial
district in 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
----------------------------------------------------------------------------------------------------------------

* * * * * * *
New Manchester-Grant magisterial district in .............. .............. .............. X
Hancock County................................

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

* * * * *
[FR Doc. 05-11381 Filed 6-7-05; 8:45 am]
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