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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4649-4651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00946]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2022-0007; FRL 9344.1-01-OAR]
RIN 2060-AV63

Reference Measurement Principle and Calibration Procedure for the 
Measurement of Ozone in the Atmosphere (Chemiluminescence Method); 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction and correcting amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting a 
final rule published in the Federal Register on October 12, 2023, that 
became effective on November 13, 2023. The final rule updated the 
current ozone absorption cross-section to the recommended consensus-
based value of 1.1329x10-17 cm\2\ molecule-1 or 
304.39 atm-1 cm-1. After publication, the EPA 
became aware of an error in the preamble text regarding the date for 
State, local, and Tribal monitoring agencies to complete implementation 
of the new ozone cross-section value, as well as a lack of clarity as 
to which entities the 2025 and 2026 implementation dates apply. With 
this action, the EPA is updating the final rule preamble and regulatory 
text to clarify the applicable implementation dates and the specific 
entities to which they apply. These corrections do not include any 
substantive changes to the final rule.

DATES: This final rule is effective on January 16, 2025.

ADDRESSES: The EPA has established a docket for the final rule under 
Docket ID No. EPA-HQ-OAR-2022-0007. All documents in the docket are 
listed on the https://www.regulations.gov website. 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, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available electronically 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Melinda Beaver, Air Quality Assessment 
Division (C304-06), Environmental Protection Agency, 109 T.W. Alexander 
Drive, P.O. Box 12055, Office of Air Quality Planning and Standards, 
Research Triangle Park, North Carolina 27711; telephone number: (919) 
541-1062; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

Correction to Preamble of October 12, 2023 Final Rule

    In the final rule preamble, the EPA incorrectly stated that State, 
local, and Tribal monitoring agencies will complete cross-section 
implementation by January 1, 2026. The cross-section will begin 
implementation at the highest level of the calibration hierarchy, the 
Standard Reference Photometer (SRP), on January 1, 2025. Because of the 
time needed to fully implement the cross-section across the national 
traceability hierarchy for the calibration of the ozone monitoring 
network, the State, local, and Tribal monitoring agencies are not 
expected to complete implementation of the cross-section at the monitor 
level by January 1, 2026; instead, the EPA expects the cross-section 
implementation will be complete throughout the traceability hierarchy 
by December 31, 2026.
    Also, the accompanying regulatory text in section 2.2 of appendix D 
to part 50 is inconsistent with the preamble

[[Page 4650]]

language that was published in the final rule in that it does not 
specify to which parties the implementation dates apply. The EPA is 
correcting both the preamble language and regulatory text in section 
2.2 of appendix D to part 50 for consistency.

Correcting Amendments to 40 CFR Part 50 Appendix D

    To be consistent with the preamble correction, section 2.2 in 
appendix D to part 50 is also revised.

II. Rulemaking Procedures

    Section 553(b)(B) of the Administrative Procedure Act (APA), 5 
U.S.C. 553(b)(B), provides that, when an agency for good cause finds 
that public notice and comment procedures are impracticable, 
unnecessary, or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. 
The EPA has determined that there is good cause for making this 
correction final without prior proposal. In this instance, notice and 
opportunity for comment is unnecessary because the corrections merely 
conform the expected implementation dates in the regulatory text to the 
preamble and clarify the entities to which these dates apply. 
Therefore, these minor, non-substantive technical corrections do not 
warrant public comment.
    Moreover, the EPA has determined that there is good cause for 
making this final rule effective less than 30 days after publication in 
the Federal Register. Section 553(d)(3) of the APA, 5 U.S.C. 553(d)(3), 
provides that final rules shall not become effective until 30 days 
after publication in the Federal Register ``except . . . as otherwise 
provided by the agency for good cause found and published with the 
rule.'' ``In determining whether good cause exists, an agency should 
`balance the necessity for immediate implementation against principles 
of fundamental fairness which require that all affected persons be 
afforded a reasonable amount of time to prepare for the effective date 
of its ruling.'' Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 
630 (D.C. Cir. 1996) (quoting United States v. Gavrilovic, 551 F.2d 
1099, 1105 (8th Cir. 1977)). Because this rule extends the expected 
implementation date for specified entities from January 1, 2026, to 
December 31, 2026, the affected parties do not need time to adjust 
their behavior before the rule takes effect.
    For these reasons, the Agency finds that good cause exists under 
APA section 553(d)(3) to make this rule effective on January 16, 2025.

III. Statutory and Executive Orders Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined by 
Executive Order 12866, as amended by Executive Order 14094 and was, 
therefore, not subject to a requirement for Executive Order 12866 
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action revises the ozone absorption cross-section and 
revise and amend relevant references. It does not contain any 
information collection activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action updates the ozone absorption cross-section value for surface 
ozone monitoring under 40 CFR part 50, and we anticipate that there 
will be minimal costs associated with this change. We have, therefore, 
concluded that this action will have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
State, local, or Tribal governments, or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications as specified in 
Executive Order 13175. This action updates a reference measurement 
principle and calibration procedure for the measurement of ambient 
ozone under 40 CFR part 50. Thus, Executive Order 13175 does not apply 
to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking involves technical standards. The EPA used 
voluntary consensus standards in the preparation of this measurement 
principle and procedure; it is the benchmark against which all ambient 
ozone monitoring methods are compared. This action is simply updating 
the reference measurement principle in light of updated information.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this type of action does not concern human 
health or environmental conditions and, therefore, cannot be evaluated 
with respect to potentially disproportionate and adverse effects on 
people of color, low-income populations and/or indigenous peoples. This 
regulatory action is an update to a previously promulgated analytical 
method and does not have any impact on human health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each house of the Congress and to the Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding

[[Page 4651]]

that notice and comment rulemaking procedures are impracticable, 
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The 
EPA has made a good cause finding for this rule as discussed in the 
SUPPLEMENTARY INFORMATION section. The EPA has determined that there is 
good cause for making this correction final without prior proposal. In 
this instance, notice and opportunity for comment is unnecessary 
because this action implements a minor, non-substantive technical 
correction that conforms the regulatory text to the rule's preamble.

List of Subjects in 40 CFR Part 50

    Environmental protection, Air pollution control, Ozone.

Joseph Goffman,
Assistant Administrator, Office of Air and Radiation.

    Accordingly, the EPA corrects FR Doc. 2023-22531 and 40 CFR part 50 
as follows:

Federal Register Correction

    In FR Doc. 2023-22531, at 88 FR 70595 in the Federal Register of 
October 12, 2023, on page 70597, in the first column, the second, third 
and fourth sentences of the last paragraph are corrected to read as 
follows:

    ``The absorption cross-section value stated in this appendix 
(304.39 atm-1 cm-1 0.94 
atm-1 cm-1) will be used in all U.S. Standard 
Reference Photometers (SRPs) beginning January 1, 2025. It is 
expected that implementation across all other ozone transfer 
standards and ozone monitors in the field will be completed by 
December 31, 2026.''

PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY 
STANDARDS

0
1. The authority citation for part 50 continues to read as follows:

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

0
2. Amend Appendix D to Part 50 by revising section 2.2 to read as 
follows:

Appendix D to Part 50--Reference Measurement Principle and Calibration 
Procedure for the Measurement of Ozone in the Atmosphere 
(Chemiluminescence Method)

* * * * *
    2.2 The measurement system is calibrated by referencing the 
instrumental chemiluminescence measurements to certified 
O3 standard concentrations generated in a dynamic flow 
system and assayed by ultraviolet (UV) photometry to be traceable to 
a National Institute of Standards and Technology (NIST) standard 
reference photometer for O3 (see Section 4, Calibration 
Procedure, below) with a specified ozone absorption cross-section 
value. The absorption cross-section value stated in section 4.1 and 
section 4.5.3.10 of this appendix (304.39 atm-1 
cm-1 0.94 atm-1 cm-1) 
will begin use in all U.S. Standard Reference Photometers (SRPs) on 
January 1, 2025. It is expected that implementation across all other 
ozone transfer standards and ozone monitors in the field will be 
completed by December 31, 2026.
* * * * *
[FR Doc. 2025-00946 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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