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[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Proposed Rules]
[Pages 69036-69037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28259]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2008-0338; FRL-9223-6]

Notice of Data Availability Regarding Potential Changes to 
Required Ozone Monitoring Seasons for Colorado, Kansas, and Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Data Availability (NODA).

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SUMMARY: The EPA is providing notice that it is supplementing the 
record to the Proposed Rule--Ambient Ozone Monitoring Regulations: 
Revisions to Network Design Requirements, published July 16, 2009. The 
EPA has placed in the docket for the Proposed Rule--Ambient Ozone 
Monitoring Regulations: Revisions to Network Design Requirements 
(Docket ID No. EPA-HQ-OAR-2008-0338) additional ambient ozone 
monitoring data for the period January 1, 2007, through April 30, 2010, 
for the states of Colorado, Kansas, and Utah that cover time periods 
outside of the current required ozone monitoring seasons. The data for 
these states consist of daily maximum 8-hour ozone concentrations. 
These data have become available since original analyses were completed 
for the proposal, which relied on ambient data covering the period 
2004-2006. EPA is specifically considering how these more recent data 
could impact changes to the current and proposed required ozone 
monitoring seasons for Colorado, Kansas, and Utah.

DATES: Comments must be received on or before December 10, 2010. Please 
refer to SUPPLEMENTARY INFORMATION for additional information on 
submitting comments.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0338, by one of the following methods:
    http://www.regulations.gov. Follow the on-line 
instructions for submitting comments. Attention Docket ID No. EPA-HQ-
OAR-2008-0338.
     Fax: (202) 566-1741.
     Mail: EPA Docket Center, EPA West (Air Docket), Attention 
Docket ID No. EPA-HQ-OAR-2008-0338, U.S. Environmental Protection 
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Please include 2 copies.
     Hand Delivery: U.S. Environmental Protection Agency, EPA 
West (Air Docket), 1301 Constitution Avenue, NW., Room 3334, 
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2008-0338. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0338. 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.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.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. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air and Radiation 
Docket and Information Center, EPA/DC, EPA East Building Room 3334, 
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: For questions regarding the additional 
ambient ozone data, contact Lewis Weinstock, Air Quality Assessment 
Division/Ambient Air Monitoring Group (C304-06), Research Triangle 
Park, NC 27711; telephone number: 919-541-3661; fax number: 919-541-
1903; e-mail address: weinstock.lewis@epa.gov.

SUPPLEMENTARY INFORMATION:

Outline

1. What is the purpose for this action?
2. What information is EPA making available for review and comment?
3. How does this information relate to the Proposed Rule--Ambient 
Ozone Monitoring Regulations: Revisions to Network Design 
Requirements?
4. Where can I get this information?
5. What issue is EPA taking comment on?
6. What should I consider as I prepare my comments for EPA?
7. Submitting Confidential Business Information (CBI)

1. What is the purpose for this action?

    This NODA provides for public review and comment on ambient ozone 
monitoring data for the period January 1, 2007, through April 30, 2010, 
for the states of Colorado, Kansas, and Utah.

2. What information is EPA making available for review and comment?

    EPA is making available for review and comment ozone monitoring 
data for the states of Colorado, Kansas, and Utah that were obtained 
during the months outside of the current ozone monitoring seasons 
required by 40 CFR part 58, Appendix D, Table D-3. The data include a 
listing of days when ozone concentrations reached an 8-hour average 
level of at least 0.060 parts per million (ppm) during the following 
months: Colorado (January, February, October, November, December); 
Kansas (January, February, March, November, December); and Utah 
(January, February, March, April, October, November, December). These 
data were obtained from EPA's Air Quality System (AQS) and represent 
data from monitors

[[Page 69037]]

utilizing approved Federal Equivalent Methods.

3. How does this information relate to the Proposed Rule--Ambient Ozone 
Monitoring Regulations: Revisions to Network Design Requirements?

    On July 16, 2009, EPA published a proposed rule (74 FR 34525) to 
revise the ozone monitoring network design requirements. EPA proposed 
to modify minimum monitoring requirements in urban areas, add new 
minimum monitoring requirements in non-urban areas, and to extend the 
length of the required ozone monitoring season in some states.
    In its proposal, EPA used ambient ozone monitoring data obtained 
from monitors operating outside (i.e., before and after) the current 
required ozone monitoring season to assess whether ambient ozone 
concentrations could approach or exceed the level of the primary (8-
hour) National Ambient Air Quality Standards (NAAQS) during these 
periods when monitoring is not currently required. EPA's analysis 
utilized data for the period 2004-2006, representing data from 
approximately 530 monitors which were operated on a year-round basis. 
These data were analyzed for two indicators: (1) The number of 
exceedences of the NAAQS (i.e., daily maximum 8-hour ozone averages 
above 0.075 ppm) in the months falling outside the currently required 
ozone monitoring season for each area, and (2) occurrences of daily 
maximum 8-hour ozone averages of at least 0.060 ppm, representing a 
value of 80 percent of the 0.075 ppm NAAQS. In the proposal, we noted 
that the operation of ozone monitors during such periods of time when 
ambient levels reach at least 80 percent of the NAAQS ensures that 
persons unusually sensitive to ozone are alerted to the occurrence of 
elevated ozone concentrations in their area, and protects against the 
potential for undocumented NAAQS exceedances. The availability of these 
additional data support many objectives including more comprehensive 
real-time air quality reporting to the public, ozone forecasting 
programs, and the verification of real-time air quality forecast 
models.
    As EPA completes revised analyses to support the upcoming ozone 
monitoring final rule, certain patterns of out-of-season elevated 8-
hour average ozone concentrations, which were not recognizable during 
2004-2006, have become apparent in newer data. These patterns include a 
greater frequency of occurrences of daily maximum 8-hour ozone averages 
of at least 0.060 ppm before and after the currently required ozone 
monitoring seasons for the aforementioned states than was observed in 
the 2004-2006 dataset. Accordingly, EPA is making these newer data 
available for the specific states that have such patterns.

4. Where can I get this information?

    All of the information can be obtained through the Air Docket and 
at http://www.regulations.gov (see ADDRESSES section above for docket 
contact information).

5. What issue is EPA taking comment on?

    EPA requests comment on the interpretation of the newer ambient 8-
hour average ozone monitoring data for the states of Colorado, Kansas, 
and Utah in the context of determining the final ozone monitoring 
season requirements for these states. Specifically, do the patterns of 
elevated 8-hour average ozone concentrations that occurred both before 
and after the current required ozone monitoring seasons for these 
states support the revised seasons proposed in the July 16, 2009, 
rulemaking for these states? Do these patterns support alternative 
required monitoring seasons different from what was proposed in the 
July 16, 2009, rulemaking for these states? Issues for consideration 
with regard to Colorado, Kansas, and Utah are whether the current ozone 
season requirements should be maintained, whether the proposed changes 
to seasons should be finalized as proposed or revised, and whether 
changes should be made for these states that were not originally 
proposed in the July 2009 rule.

6. What should I consider as I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information or data you used that support 
your views.
    4. Provide specific examples to illustrate your concerns.
    5. Offer alternatives.
    6. Make sure to submit your comments by the comment period deadline 
identified.
    7. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

7. Submitting Confidential Business Information (CBI)

    Do not submit information you are claiming as CBI to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part of the 
information that you claim to be CBI. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket.

List of Subjects in 40 CFR Part 58

    Air pollution control, Environmental protection, Intergovernmental 
relations, Reporting and recordkeeping requirements, Ambient air 
monitoring.

    Dated: November 3, 2010.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2010-28259 Filed 11-9-10; 8:45 am]
BILLING CODE 6560-50-P
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