[Federal Register: October 27, 2004 (Volume 69, Number 207)]
[Rules and Regulations]
[Page 62591-62596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc04-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R03-OAR-2004-WV-0001; FRL-7821-4]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Determination of Attainment and Redesignation of the
City of Weirton PM10 Nonattainment Area to Attainment and Approval of
the Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is determining that the City of Weirton PM10
nonattainment area (the Weirton area) has attained the National Ambient
Air Quality Standard (NAAQS) for PM10. This determination is
based on three years of complete, quality-assured, ambient air quality
monitoring data for the years 2000-2002 which demonstrate that the
NAAQS for PM10 has been attained in the area. On the basis
of this determination, EPA is also determining that certain attainment
demonstration requirements along with other related requirements of the
Clean Air Act (CAA), are no applicable to the Weirton area. EPA is also
approving the
[[Page 62592]]
West Virginia Department of Environmental Protection's (WVDEP) request
to redesignate the Weirton area to attainment of the NAAQS for
PM10. In conjunction with its approval of this redesignation
request, EPA is also approving WVDEP's 10-year maintenance plan for the
Weirton area as a revision to the West Virginia State Implementation
Plan (SIP). EPA is taking these actions in accordance with the
requirements of the Clean Air Act.
DATES: This rule is effective on December 27, 2004 without further
notice, unless EPA receives adverse written comment by November 26,
2004. 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-0001 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://www. 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-0001, Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP11, 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-
0001. 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://www.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://www.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: Linda Miller, (215) 814-2068 , or by
e-mail at miller.linda@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 CAA. These
criteria include full approval of a maintenance plan for the area. The
requirements for a maintenance plan are found in section 175A of the
CAA. The Weirton area, located in Hancock County and Brooke County
(part), was classified as an area likely to be in violation of the
PM10 NAAQS on August 7, 1987 (52 FR 29383). On August 14,
1989, the Oak Street monitoring site in the Weirton area recorded the
fourth exceedance of the 24-hour PM10 NAAQS in a three-year
period. The Weirton area was designated by EPA as a moderate
PM10 nonattainment area on December 21, 1993 (58 FR 67334).
The Weirton area has monitored attainment of the NAAQS for
PM10 since 1998.
II. Summary of State Submittal
On May 24, 2004, the WVDEP submitted a redesignation request and
maintenance plan for the Weirton moderate PM10 nonattainment
area. West Virginia's May 24, 2004 submittal provides for the
attainment and maintenance of the NAAQS for PM10 in the
Weirton area and satisfies the requirements of section 107(d)(3)(E) of
the CAA, necessary for redesignation. When approved, the maintenance
plan and its contingency measures submitted by the WVDEP for the
Weirton area will become part of the West Virginia SIP.
The WVDEP's submittal includes an analysis of quality-assured,
ambient air quality monitoring data documenting attainment of the NAAQS
for PM10 in the Weirton area and additional documentation to
satisfy EPA's policy entitled ``Reasonable Further Progress, Attainment
demonstration, and Related Requirements for Ozone Nonattainment Areas
Meeting the Ozone National Ambient Air Quality Standard'' signed by
John S. Seitz and dated May 10, 1995, commonly referred to as the Clean
Data Policy (CDP). EPA is making a clean data determination under its
May 10, 1995 CDP for the Weirton area thereby waiving certain part D
requirements related to the attainment demonstration, reasonable
further progress and their associated contingency measures for the
Weirton area. Details of how West Virginia has satisfied the May 10,
1995 CDP are found in III.B.2. of this document.
III. Description and Evaluation of the Redesignation and Maintenance
Plan
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation providing that: (1) The Administrator determines that the
area has attained the NAAQS; (2) The Administrator has fully approved
the applicable implementation plan for the area under Section 110; (3)
The Administrator determines that the improvement in air quality is due
to permanent and enforceable reductions in emissions
[[Page 62593]]
resulting from implementation of the applicable Federal air pollutant
control regulations and other permanent and enforceable reductions; (4)
The Administrator has fully approved a maintenance plan for the area as
meeting the requirements of section 175(A); and, (5) The State
containing such area has met all requirements applicable to the area
under section 110 and part D. The EPA has reviewed the redesignation
request submitted by the WVDEP on May 24, 2004 for the Weirton area and
finds that its meets the five requirements for redesignation found in
section 107(d)(3)(E) of the CAA.
A. Weirton Area Has Data Showing Attainment of the NAAQS for PM10
EPA's review of the monitoring data submitted by West Virginia
indicates that the Weirton area has attained, and continues to attain,
both the 24-hour and annual PM10 standard. The
PM10 monitoring network in the Weirton area consists of four
monitors within the nonattainment area. The three years of data used in
the redesignation request are the years 2000-2002, inclusive. The
maximum annual average for the 3-year period is 32 [mu]/m\3\. The
maximum 24-hour value is 112 [mu]/m\3\. Although the May 24, 2004
formal redesignation request uses 2000-2002 monitoring data, the
Weirton area has, in fact, monitored attainment from the years 1998
through 2003, and continues to monitor attainment of the NAAQS for
PM10.
B. Weirton Area Has a Fully Approved SIP Under Section 110(k) and Has
Met All Applicable Requirements Under Section 110 and Part D of the CAA
1. Section 110 Requirements
General SIP elements are delineated in section 110(a)(2) of Title
I, part A. These requirements include but are not limited to the
following: submittal of a SIP that has been adopted by the state after
reasonable notice and public hearing, provisions for establishment and
operation of appropriate apparatus, methods, systems and procedures
necessary to monitor ambient air quality, implementation of a permit
program, provisions for part C, Prevention of Significant Deterioration
(PSD), and part D, New Source Review (NSR) permit programs, criteria
for stationary source emission control measures, monitoring and
reporting, and provisions for public and local agency participation.
The May 24, 2004 SIP submittal provided documentation of that the West
Virginia SIP satisfies all of the section 110 and part D requirements
of the CAA which apply to the Weirton area. EPA has concluded that the
West Virginia SIP for the Weirton area satisfies all of the section 110
SIP requirements of the CAA.
2. Part D Requirements
Before the Weirton area may be redesignated to attainment, it must
have fulfilled the applicable requirements of part D of the CAA. As
stated previously, EPA had determined that certain part D requirements
are no longer required to be met by the Weirton area under EPA's May
10, 1995 CDP. The clean data area approach applies the policy already
in place for ozone nonattainment areas to selected PM10
nonattainment areas. The CDP policy reduces the requirements for
submittal of certain requirements in nonattainment areas which are
demonstrating attainment with the NAAQS. For areas meeting the five
criteria discussed in the CDP, states are not required to submit SIP
revisions concerning reasonable further progress, attainment
demonstration or their associated contingency measures. West Virginia
has met the criteria of the CDP for the Weirton area as follows:
(a) The area must be attaining the PM10 NAAQS with the
three most recent years of quality assured air quality data. West
Virginia has provided evidence of the Weirton area attaining the NAAQS
for PM10. There are four PM10 monitors within the
Weirton area. There have been no exceedances of the 24-hour standard of
50 [mu]g/m\3\ during the past five years. The monitors have never
recorded a violation of the annual PM10 standard of 150
[mu]g/m\3\. The Weirton area 24-hour value for calendar years 2000-
2002, as found in EPA's Air Quality Subsystem (AQS), is 32 [mu]g/m\3\.
The annual value for the Weirton area during the same time period is
112 [mu]g/m\3\.
(b) The State must continue to operate an appropriate
PM10 air quality monitoring network, in accordance with 40
CFR part 58, in order to verify the attainment status of the area. In
the maintenance plan submitted on May 24, 2004, which EPA is approving
as part of this rulemaking, the State of West Virginia has committed to
continue to monitor the Weirton area.
(c) The control measures for the area, which were responsible for
bringing the area into attainment, must be approved by EPA. In its May
24, 2004 submittal, the WVDEP provides details on the emission
reductions responsible for bringing the area into attainment. The
primary control measures to achieve attainment include making permanent
and enforceable the shutdown of specified steel manufacturing and
processing facilities which occurred after the Weirton area was
designated and classified nonattainment. The request for redesignation
specifically cites to a Federally-enforceable consent order between
State of West Virginia and the Weirton Steel Corporation. This consent
order was approved as a revision to the West Virginia SIP on May 5,
2004 ( 69 FR 24986). The requirements of the consent order resulted in
a permanent and enforceable reduction of 1345 tons per year of
PM10.
(d) An emissions inventory must be completed for the area. An
emission inventory for the Weirton area was completed and submitted as
part of the maintenance plan which EPA is approving as part of this
rulemaking.
(e) EPA must make a finding that the area attained the 24-hour and
annual PM10 NAAQS.
EPA published a notice in the Federal Register on May 16, 2001
announcing that the Weirton area had attained the NAAQS for
PM10 (66 FR 27034). Pursuant to the May 10, 1995 CDP, EPA,
in this rulemaking, is again determining that the Weirton area has
attained the NAAQS for PM10. This determination is based on
three years of complete, quality-assured, ambient air quality
monitoring data for the years 2000-2002. EPA has determined that West
Virginia has met the requirements of the CDP. Therefore, the
requirements under CAA section 172(c) for developing an attainment
demonstrations, RFP demonstration and their associated contingency
measures are waived due to the fact that the Weirton area, by
satisfying the criteria of the CDP, has been determined by EPA to have
already attained the NAAQS for PM10 and met RFP.
However, any requirements that are connected solely to designation
or classification, such as new source review (NSR) and RACM/RACT, will
remain in effect. Therefore, the consent order approved as a revision
to the West Virginia SIP on May 5, 2004 ( 69 FR 24986) will remain in
effect after the Weirton area is redesignated. The Federal requirements
for new source review (NSR) in nonattainment areas are contained in
section 172(c)(5). The CAA and EPA guidance provide that the
requirements of the part D nonattainment area NSR program will be
replaced by the state's 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
immediately upon redesignation. West Virginia's regulations for its PSD
permitting program were approved into the West
[[Page 62594]]
Virginia SIP on April 11, 1986 (51 FR 12518). Under the West Virginia
SIP, the state's PSD permitting program will become fully effective in
the Weirton area immediately upon its redesignation to attainment.
C. The Improvement in Air Quality in the Weirton Area Is Due to
Permanent and Enforceable Measures
The emission reductions responsible for bringing the Weirton area
into attainment have been made permanent and enforceable by the consent
order between the State of West Virginia and the Weirton Steel
Corporation (CO-SIP-C-2003-28). As discussed above, this consent order
was approved as a revision to the West Virginia SIP on May 5, 2004 (69
FR 24986). These emission reductions are permanent and enforceable.
Should any of the shutdown operations or facilities made permanent and
enforceable by the consent order seek to be become operational, they
would be subject to the West Virginia's SIP NSR requirements, including
PSD once the Weirton area is redesignated.
D. West Virginia Has Submitted a Maintenance Plan for the Weirton Area
Pursuant to 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 plan must demonstrate continued
attainment of the applicable NAAQS for at least 10 years after the EPA
approves a redesignation to attainment. If applicable, eight yeas after
the redesignation, West Virginia must submit a revised maintenance plan
which demonstrates attainment for the 10 years following the initial
10-year period. To address potential future NAAQS violations, the
maintenance plan must contain contingency measure with a schedule for
implementation adequate to assure prompt correction of any air quality
problems. The State of West Virginia submitted a PM10
Maintenance Plan for the Weirton, West Virginia Area on May 24, 2004.
The maintenance plan and associated contingency measures are being
approved into the SIP as part of this rulemaking.
Details of the Weirton area maintenance plan and how it satisfies
the requirements of 175A are provided in the following paragraphs.
1. Emissions Inventory--West Virginia has submitted an Emission
Inventory of sources in the Weirton area for calendar year 2001. The
year 2001 is representative of the emissions in the Weirton area during
the years 2000-2002, the three years for which quality assured ambient
air quality data documenting attainment were submitted for Weirton
area. By approving the maintenance plan, EPA is approving the emission
inventory.
2. Maintenance demonstration--The maintenance plan includes an
emission inventory of emission levels reflective of attainment in the
Weirton area and limits emissions to those levels which ensure
maintenance of the NAAQS for PM10 in the Weirton area. The
PSD review and permitting requirements for any future major source
construction of modification and the permanent and enforceable control
measures on existing sources are provided in the maintenance plan.
Subsequent to redesignation, any major source construction or
modification will be subject to the PSD requirements found in West
Virginia's SIP, including a demonstration to ensure protection and
maintenance of the NAAQS and applicable PSD increments. By approving
the maintenance plan, EPA is approving the maintenance demonstration.
3. Continuation of the monitoring network--West Virginia has
indicated in the May 24, 2004 maintenance plan that it will continue to
monitor for PM10 in the Weirton area in accordance with 40
CFR 53 and 58. By approving the maintenance plan, EPA is approving West
Virginia's plan to continue to monitor for PM10 in the
Weirton area.
4. Verification of Continued Attainment--The maintenance plan
states that the WVDEP will review the monitoring data annually to
verify continued attainment. WVDEP will also assess compliance of local
facilities. If still required by the CAA, the Weirton area maintenance
plan will be reassessed not later than eight years after the area is
redesignated to attainment.
5. Contingency Plan--The WVDEP has indicated in the maintenance
plan that it will rely on ambient air monitored data to determine the
need to implement contingency measures. In the event of an exceedance
of the PM10 standard, the WVDEP will review the monitored
data, the local meteorology data, and the compliance of local
facilities. If all facilities are in compliance with applicable SIP and
permit emissions limits, the WVDEP will determine and impose additional
control measures necessary to continue to maintain the NAAQS. Upon
determination that three exceedances of the 24-hour PM10
standard have occurred within a three-year period the WVDEP will notify
companies with emission sources of PM10 in the Weirton area
that there may be a need to reduce PM10 emissions to address
a potential violation of the NAAQS. Within six months of this
notification, the companies must submit a detailed plan of action
specifying additional control measures to reduce PM10
emissions, to be implemented no later than 18 months after the
notification of a violation of the NAAQS. The additional control
measures necessary to ensure attainment will be imposed by WVDEP and
submitted to EPA for approval and incorporation into the SIP.
In summary, EPA has determined that West Virginia's May 24, 2004
submittal satisfies the requirements of section 107(d)(3)(E) of the
CAA, and is redesignating the Weirton area to attainment for
PM10. EPA is also approving the WVDEP's maintenance plan and
its associated contingency measures for the Weirton area as a revision
to the West Virginia SIP.
IV. Final Action
EPA is determining that the Weirton area has attained the NAAQS for
PM10 and has met the requirements of the May 10, 1995 CDP.
On the basis of this determination, EPA is also determining that
certain attainment demonstration requirements, along with other related
requirements of the CAA, are not applicable to the Weirton area. EPA is
approving the State of West Virginia's May 24, 2004 request to
redesignate the Weirton area to attainment for PM10 and is
approving the associated maintenance plan as a revision to the West
Virginia SIP.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment as there was opportunity for stakeholder input in the
SIP development process. 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 December 27, 2004
without further notice unless EPA receives adverse comment by November
26, 2004. 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.
[[Page 62595]]
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 (65 FR 67249, 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 December 27, 2004. Filing a
petition for reconsideration by the Administrator of this final rule to
redesignate the Weirton area to attainment for PM10 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 to approve West Virginia's redesignation request and maintenance
plan for the Weirton PM10 area 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Air Pollution Control, National parks, Wilderness areas.
Dated: September 20, 2004.
Thomas C. Voltaggio,
Acting Deputy Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. Section 52.2520 is amended by adding paragraph (c)(60) to read as
follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(60) The PM10 Maintenance Plan for the City of Weirton
area submitted by the West Virginia Department of Environmental
Protection on May 24, 2004.
(i) Incorporation by reference.
(A) Letter of May 24, 2004 from the West Virginia Department of
Environmental Protection transmitting the redesignation request and
maintenance plan for the City of Weirton PM10 area in
Hancock and Brooke Counties (part).
(B) PM10 Maintenance Plan for the Weirton, West Virginia
area, dated May 24, 2004.
(ii) Additional Material.--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(60)(i) of this
section.
PART 81--[AMENDED]
Subpart C--Section 107 Attainment Status Designations
0
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.349, the table for ``West Virginia--PM10'' is
amended by revising the entry for Hancock and Brooke Counties (part):
The City of Weirton to read as follows:
Sec. 81.349 West Virginia.
* * * * *
[[Page 62596]]
West Virginia--PM-10
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date Type Date Type
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* * * * * * *
Hancock and Brooke Counties (part): The 12/27/2004 Attainment...............................
City of Weirton.
* * * * * * *
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* * * * *
[FR Doc. 04-23945 Filed 10-26-04; 8:45 am]
BILLING CODE 6560-50-P