[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Pages 18523-18525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9864]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[001-7201a; A-1-FRL-5808-7]


Ambient Air Quality Surveillance; Connecticut/Maine/
Massachusetts/New Hampshire/Rhode Island/Vermont; Modification of the 
Ozone Monitoring Season

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This final rule contains revisions to 40 CFR part 58, Appendix 
D, the Ozone Monitoring Season By State Table in Section 2.5. EPA's 
approval of these revisions will change the ozone monitoring season for 
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and 
Vermont to April 1-September 30.

DATES: This action will become effective June 16, 1997, unless EPA 
receives adverse or critical comments by May 16, 1997. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Comments may be mailed to Don Porteous, Acting Director, 
Office of Environmental Measurement & Evaluation, U.S. Environmental 
Protection Agency, Region I, 60 Westview Street, Lexington, MA 02173. 
Copies of the documents and data relevant to this action are available 
for public inspection during normal business hours, by appointment at 
the Office of Environmental Measurement & Evaluation Division, U.S. 
Environmental Protection Agency, Region I, 60 Westview Street, 
Lexington, MA.

FOR FURTHER INFORMATION CONTACT: Mary Jane Cuzzupe, U.S. Environmental 
Protection Agency, Region I, Office of Environmental Measurement & 
Evaluation, Ecosystem Assessment, 60 Westview Street, Lexington, MA 
02173. Telephone (617) 860-4383.

SUPPLEMENTARY INFORMATION:

I. Background

    During 1993 and 1994, three New England states submitted proposals 
to EPA Region 1 to shorten their ozone seasons. In order to maintain a 
consistent ozone season throughout the Region, EPA Region 1 made the 
decision to process all of the requests together as one package. All of 
the states were notified of this decision. On February 7, 1995 (after 
numerous discussions with the states, and not wanting to delay 
processing these requests), EPA Region 1 sent formal requests to NH, VT 
and RI asking them if they were interested in submitting proposals to 
shorten their ozone seasons. As a result, the states submitted their 
proposals to the Region.
    All six New England States have now submitted proposals to EPA 
Region 1 to shorten their ozone seasons. The current ozone season for 
EPA Region 1 is April 1--October 31. The dates of the state's request 
and their proposals are summarized below:

[[Page 18524]]



------------------------------------------------------------------------
                                      Date of                           
               State                   letter            Proposal       
------------------------------------------------------------------------
CT................................       9/1/93  Apr.-Sept.             
ME................................     11/10/93  May-Sept.              
MA................................      6/28/94  May-Sept.              
VT................................      2/15/95  May-Sept.              
RI................................      2/28/95  Apr.-Sept.             
NH................................      6/14/95  May-Sept.              
------------------------------------------------------------------------

II. Review

    The current ozone monitoring season for all of the New England 
states is April 1--October 31, and is specified in 40 CFR Part 58, 
appendix D. In order to determine whether or not the ozone seasons 
could be modified for the New England states, the ozone monitoring data 
for all six states was reviewed in accordance with the Guideline on 
Modification to Monitoring Seasons for Ozone, Technical Support 
Division, Office of Air Quality Planning and Standards, March 1990. The 
guidance document states that ``the potential for ozone exceedances can 
be determined using a variety of procedures. The first and most 
reliable is the use of historical ozone monitoring data. A review of 
historical ozone data for this purpose must be based on 5 years of most 
recent data, in order to ensure that both favorable and unfavorable 
meteorological conditions are represented.''
    The most recent six years of ambient ozone monitoring data (1990-
1995) for all of the New England states were reviewed (AIRS AMP350 Raw 
Data Listing and AIRS AMP355 Standards Reports). The review of the data 
demonstrates:
    (a) That there were no exceedances of the ozone National Ambient 
Air Quality Standard (NAAQS) in October; and
    (b) That no concentrations above 0.100 ppm were recorded in 
October.
    Therefore the test of five years of data without any concentrations 
above the recommended value of 0.100 ppm has been satisfied. The 
primary data is available for public review as part of the 
administrative record at the Office of Environmental Measurement and 
Evaluation, U.S. EPA--Region I (See the ADDRESSES section above for the 
exact location).
    Unfortunately this is not the case for the month of April. There 
were two exceedances of the NAAQS, as well as several values reported 
above the recommended 0.100 ppm value for each of the Region I states 
except for Vermont. The only two years in which no values greater than 
0.100 ppm were reported in any of the Region I states were 1992 and 
1993.
    Although the data for Vermont does satisfy the criteria for April, 
the guidance states that the ``ozone season designations should not 
result in a patchwork quilt on either a State or national basis.'' As a 
result, EPA Region 1 decided to maintain one common ozone season for 
all six New England states and modify the season consistently. The 
modification will change the ozone season from April 1-October 31 to 
April 1-September 30. This action will be beneficial for the states as 
they will be able to save monitoring resources by not being required to 
measure ozone in the month of October.
    It is important to note that shortening the ozone season will 
affect the calculation of expected exceedances (40 CFR part 50, 
appendix H) for all of New England. If there are any missing days of 
data within the new ozone season, a higher calculated number of 
expected exceedances will be produced in future retrievals of the 
ambient air quality monitoring data as compared to the number of 
expected exceedances that would have been calculated within the old 
ozone season. The following example serves to clarify this point. There 
are 183 days in the new ozone season and 214 days in the old ozone 
season. If there were 10 missing days of data, the multiplication 
factor for determining the number of expected exceedances would be 
calculated as follows: 10/183 = 0.054 in the new ozone season or 10/214 
= 0.046 in the old ozone season. Although unlikely, the small increase 
in the number of expected exceedances in the new ozone season could 
have a significant impact on when marginal non-attainment areas can be 
designated as attainment areas.

III. Final Action

    After reviewing the most recent six years of ozone monitoring data 
for CT, ME, MA, VT, RI and NH, EPA Region 1 concluded that the ozone 
data meets the guidelines recommended for shortening the ozone season 
from April 1--September 30. Based on the above conclusion, EPA is 
revising CT, ME, MA, VT, RI and NH's ozone monitoring season in 40 CFR 
part 58, appendix D, Section 2.5 to April 1--September 30 of each year 
for all monitor types in AIRS.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the changes to the 
ozone monitoring seasons for the six New England states should adverse 
or critical comments be filed. This action will be effective June 16, 
1997 unless adverse or critical comments are received by May 16, 1997.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective on June 16, 1997.

IV. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to the Office of Management and Budget (OMB) 
review and the requirements of the Executive Order. It has been 
determined that this rule is not a ``significant regulatory action'' 
under the terms of E.O. 12866 and is therefore not subject to OMB 
review.

B. Regulatory Flexiblity Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    This action does not create any new requirements. Therefore, I 
certify that it does not have a significant impact on small entities.

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203

[[Page 18525]]

requires EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    EPA has determined that the approved action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector.
    This Federal action approves pre-existing requirements under State 
or local law, and imposes no new Federal requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. 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 June 16, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).) EPA encourages 
interested parties to comment in response to the proposed rule rather 
than petition for judicial review, unless the objection arises after 
the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 58

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Dated: March 24, 1997.
John P. DeVillars,
Regional Administrator, Region I.

    Part 58 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 58--[AMENDED]

    1. The authority citation for part 58 continues to read as follows:

    Authority: 42 U.S.C. 7410, 7601(a), 7613, 7619.

    2. Part 58, Appendix D, section 2.5, the table is amended by 
revising the entries for Connecticut, Maine, Massachusetts, New 
Hampshire, Rhode Island and Vermont to read as follows:

Appendix D--Network Design for State and Local Air Monitoring Stations 
(SLAMS) and National Air Monitoring Stations (NAMS) and Photochemical 
Assessment Monitoring Station (PAMS)

* * * * *
2.5  Ozone (O<INF>3) Design Criteria for SLAMS
* * * * *

                    Ozone Monitoring Season By State                    
------------------------------------------------------------------------
             State                    Begin month           End month   
------------------------------------------------------------------------
                                                                        
      *         *         *         *         *         *         *     
Connecticut...................  April.................  September.      
                                                                        
      *         *         *         *         *         *         *     
Maine.........................  April.................  September.      
                                                                        
      *         *         *         *         *         *         *     
Massachusetts.................  April.................  September.      
                                                                        
      *         *         *         *         *         *         *     
New Hampshire.................  April.................  September.      
                                                                        
      *         *         *         *         *         *         *     
Rhode Island..................  April.................  September.      
                                                                        
      *         *         *         *         *         *         *     
Vermont.......................  April.................  September.      
                                                                        
      *         *         *         *         *         *         *     
------------------------------------------------------------------------

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[FR Doc. 97-9864 Filed 4-15-97; 8:45 am]
BILLING CODE 6560-50-P