[Federal Register Volume 69, Number 207 (Wednesday, October 27, 2004)]
[Rules and Regulations]
[Pages 62591-62596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23945]


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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 PM<INF>10</INF> 
nonattainment area (the Weirton area) has attained the National Ambient 
Air Quality Standard (NAAQS) for PM<INF>10</INF>. 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 PM<INF>10</INF> 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 
PM<INF>10</INF>. 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 gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ 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: <a href="/cdn-cgi/l/email-protection#e5a88a97978c96cb88848e808784a5809584cb828a93"><span class="__cf_email__" data-cfemail="98d5f7eaeaf1ebb6f5f9f3fdfaf9d8fde8f9b6fff7ee">[email protected]</span></a>.
    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 <a href="/cdn-cgi/l/email-protection#dcb1b5b0b0b9aef2b0b5b2b8bd9cb9acbdf2bbb3aa"><span class="__cf_email__" data-cfemail="127f7b7e7e77603c7e7b7c7673527762733c757d64">[email protected]</span></a>.

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 
PM<INF>10</INF> 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 PM<INF>10</INF> NAAQS in a three-year 
period. The Weirton area was designated by EPA as a moderate 
PM<INF>10</INF> nonattainment area on December 21, 1993 (58 FR 67334). 
The Weirton area has monitored attainment of the NAAQS for 
PM<INF>10</INF> since 1998.

II. Summary of State Submittal

    On May 24, 2004, the WVDEP submitted a redesignation request and 
maintenance plan for the Weirton moderate PM<INF>10</INF> nonattainment 
area. West Virginia's May 24, 2004 submittal provides for the 
attainment and maintenance of the NAAQS for PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> standard. The 
PM<INF>10</INF> 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 
PM<INF>10</INF>.

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 PM<INF>10</INF> 
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 PM<INF>10</INF> 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 PM<INF>10</INF>. There are four PM<INF>10</INF> 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 PM<INF>10</INF> 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 
PM<INF>10</INF> 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 
PM<INF>10</INF>.
    (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 PM<INF>10</INF> NAAQS.
    EPA published a notice in the Federal Register on May 16, 2001 
announcing that the Weirton area had attained the NAAQS for 
PM<INF>10</INF> (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 PM<INF>10</INF>. 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 PM<INF>10</INF> 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 PM<INF>10</INF> 
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 PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> 
standard have occurred within a three-year period the WVDEP will notify 
companies with emission sources of PM<INF>10</INF> in the Weirton area 
that there may be a need to reduce PM<INF>10</INF> 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 PM<INF>10</INF> 
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 
PM<INF>10</INF>. 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 
PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> 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 PM<INF>10</INF> area in 
Hancock and Brooke Counties (part).
    (B) PM<INF>10</INF> 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--PM<INF>10</INF>'' 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                              Date                        Type                        Date                        Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Hancock and Brooke Counties (part): The    12/27/2004  Attainment...............................
 City of Weirton.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 04-23945 Filed 10-26-04; 8:45 am]
BILLING CODE 6560-50-P


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