Ambient Air Quality Surveillance Regulations; Final Rule ENVIRONMENTAL PROTECTION AGENCY

SUMMARY: This final rule revises the EPA's ambient air quality

surveillance regulations to take into account recent changes and

developments in the overall management of ambient air quality data and

to reflect current operating practices of State and local agencies. The

revisions to the Ambient Air Quality Surveillance Regulations change

the data reporting requirements for State and Local Air Monitoring

Stations (SLAMS) and National Air Monitoring Stations (NAMS). The

changes affect the number of monitoring sites required to submit air

quality data to the Aerometric Information Retrieval System (AIRS) and

the timing for such data submittals. The data from both the current

SLAMS and NAMS monitors will be submitted on a quarterly basis within

90 days after the end of the calendar quarter. In addition, the

revisions replace technical references to the former Storage and

Retrieval of Aerometric Data (SAROAD) data base with references to the

AIRS. Various technical revisions update the regulations to reflect

organizational changes. These revisions reflect current practices of

most State and local agencies and should expedite data access with the

AIRS data base for air quality planning and decision making.

EFFECTIVE DATE: These regulations take effect on October 1, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. David Lutz (MD-14), Technical

Support Division, U.S. Environmental Protection Agency, Research

Triangle Park, North Carolina 27711, phone: (919) 541-5476.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act, as amended in 1990 (Act), requires that States

establish an air quality monitoring system as part of their State

implementation plan (SIP), and that EPA establish a supplemental

monitoring system throughout the United States (sections 110(a)(2) and

319 of the Act). These State and national air quality monitoring

systems provide the critical information for purposes of defining

``nonattainment'' with the National Ambient Air Quality Standards

(NAAQS), evaluating progress towards achievement of the NAAQS pursuant

to SIP's, and reporting air quality data to EPA to document the status

and trends of the Nation's air quality. In the discharge of these and

other responsibilities, EPA needs to have timely access to valid and

complete ambient air quality data as obtained by State and local air

pollution control agencies. The current regulations require that State

and local agencies submit air quality data from certain designated

sites (NAMS) to EPA within 120 days after the end of each calendar

quarter. The data from other SLAMS (about 70 percent of the sites are

SLAMS) were exempted from the quarterly reporting requirement and were

required to be submitted in an annual report to the Administrator

through the appropriate EPA Regional Office. Therefore, Part 58

includes two separate data processing and reporting requirements, a

situation which States have found to be both inefficient and

undesirable from a quality assurance standpoint. Consequently, most

States have developed operational practices to process and report all

ambient air quality data to EPA using one system. The EPA's revisions

to part 58 are consistent with this general practice.

The EPA has now completed the development of a new comprehensive

air quality data system. The Air Quality Subsystem (AQS) of the AIRS

has replaced the former SAROAD data bank. The AIRS is a significant

enhancement to the national monitoring program and results in improved

efficiency at the State and local levels by allowing those agencies to

directly input air quality data to AQS, thereby eliminating the need

for additional data processing by the EPA Regional Offices. Most State

and local personnel have already been trained in the use of the AIRS

system and can now directly input their air quality data. This major

enhancement, along with the development of electronic transfer and

processing of air quality data, reduces the amount of time needed by

State and local agencies to submit air quality data to the AIRS.

Consequently, these revisions to part 58 change the data reporting

requirements for two reasons: (1) To provide uniform quarterly

reporting requirements for both NAMS and SLAMS, and (2) to shorten the

data reporting time requirements from 120 days after the end of the

calendar quarter to 90 days.

These regulations deal with changes to the ambient air quality

monitoring, data reporting, and surveillance requirements of 40 CFR

part 58. These changes are needed based on the developments outlined

above and are required to reflect the implementation of AIRS. This will

assure that high quality ambient air data are available to EPA on a

more timely basis. The EPA's need for timely air data is due to various

requirements of the Act, such as timely designations of attainment

status and timely preparation and publication of annual reports, along

with EPA's general need for consistent and timely access to ambient air

quality data in AIRS within a reasonable timeframe after its

collection. For example, under the old regulations, EPA may not have

received SLAMS air quality data collected on January 1 of a given year

until July 1 of the following year. Clearly the need exists to shorten

this timeframe.

Shorter reporting times are now feasible using readily available

data processing equipment and standard operating procedures for data

processing. Most State agencies already meet the 90-day data reporting

timeframe required in these revisions. Earlier access to air quality

data will allow EPA to be more responsive to the requirements of the

amended Act and to the Nation's overall air quality program.

Also, the EPA estimates the additional burden associated with this

rule in reporting the data on a quarterly basis versus summary

statistics on a yearly basis is 11,000 hours. This represents an

average of 50 hours per respondent (55 States and/or Territories) per

quarter. Further discussion of the estimate of this burden is included

in a following section on the Paperwork Reduction Act.

These regulations also include several minor technical

modifications to reflect changes in organizations, contacts, and

references that have occurred since the last revisions to part 58 in

1986.

II. Revisions to Part 58--Ambient Air Quality Surveillance

A. Section 58.1 Definitions

These regulations amend the definitions section by adding a

definition for the new AIRS. The Agency has completed major

enhancements to the new AIRS data base, which replaces the former

SAROAD data base for ambient air quality data. These regulations will

reflect this important program change by defining AIRS and replacing

the technical references to SAROAD with references to AIRS. The

definition of the SAROAD system would be maintained within this section

because several organizations will continue to use certain parts of the

SAROAD system as an interim interface with the new AIRS data base. No

responder objected to adding the definition of AIRS to this section.

B. Section 58.26 Annual SLAMS Summary Report

No regulatory changes were proposed for this existing requirement.

However, comments and suggestions were solicited on whether this annual

report would be necessary or whether any changes would be needed to

this section to eliminate any redundancy in reporting requirements. The

consensus of the comments received on this issue support deletion of

the requirement for the hard copy form of the report but retention of

the annual certification. Therefore, the current rule continues to

require the annual summary report, but future revisions to these

regulations may modify the format of this certification.

C. Section 58.28 SLAMS Data Submittal

The EPA had solicited comments on the need to require submission of

the SLAMS raw air quality data on a quarterly basis. Four responders

concurred with the proposal and there were no negative comments to the

proposal.

These regulations require that all data from the SLAMS be submitted

to AIRS under the same data reporting requirements as those for the

NAMS. These regulatory changes reflect the actual operational practices

of the majority of State and local agencies. For data processing

purposes, EPA believes it is both inefficient and technically

undesirable to maintain different reporting requirements for NAMS and

SLAMS monitoring data.

D. Section 58.35 NAMS Data Submittal

The previous monitoring regulations specify that all NAMS data be

submitted in quarterly reports to the EPA Administrator (through the

appropriate Regional Office) within 120 days of the end of each

reporting period. The proposed regulations would have changed the data

submittal requirement for NAMS to 60 days after the end of the calendar

quarter for gaseous pollutants and 90 days for particulate and lead

data. Four responders agreed with the 60/90 data submittal requirement,

one responder recommended a compromise of 75 days for all pollutants,

one responder recommended 75/90 days, two responders recommended 90

days, six responders recommended keeping the requirement at 120 days,

and two responders recommended a 2-year transition period to phase in

the 60/90-day requirement.

These regulations modify the existing data reporting requirements

for sites designated as NAMS and now also include the SLAMS as

discussed above. The new requirement changes the existing data

submittal for NAMS from 120 days after the end of the calendar quarter

to a requirement whereby data for sulfur dioxide (SO2), carbon

monoxide (CO), ozone (O3), nitrogen oxides (NO2), lead (Pb),

and particles with an aerodynamic diameter less than or equal to a

nominal 10 micrometers (PM-10) from both NAMS and SLAMS will be

submitted 90 days after the end of the calendar quarter.

Also, the requirement that the State report the air quality data

through the appropriate EPA Regional Office is changed to reflect the

current practice of submitting data directly to the Administrator

(i.e., into AIRS) from the State and local air pollution control

agencies.

E. Part 58, Appendix A ``Quality Assurance Requirements for State and

Local Air Monitoring Stations (SLAMS)''

The revisions proposed to change section 4.1 of Appendix A to

require that precision and accuracy data be submitted to AIRS under the

same data reporting requirements as proposed for NAMS in Sec. 58.35.

One responder recommended the precision and accuracy data be submitted

75 days after the end of the calendar quarter, two responders

recommended 90 days, three responders recommended 120 days, and one

recommended the schedule be the same as for the SLAMS data.

The precision and accuracy data reporting requirement is changed

from 120 to 90 days after the end of the calendar quarter. These

revisions also would delete the forms for reporting precision and

accuracy data in SAROAD format, along with the coding instructions for

these forms. Procedures have been developed to input these data

directly into AIRS along with the air quality data, and these forms

will no longer be used.

1. Impact on Small Entities

The Regulatory Flexibility Act requires that all Federal agencies

consider the impacts of final regulations on small entities, which are

defined to be small businesses, small organizations, and small

governmental jurisdictions (5 U.S.C. 601 et seq.). The EPA's

consideration, pursuant to this Act, indicates that no small entity

group would be significantly affected because no small entities are

subject to the rule.

2. Paperwork Reduction Act

The information collection requirements in this rule have been

approved by the Office of Management and Budget (OMB) under the

``Paperwork Reduction Act,'' 44 U.S.C. 3501 et seq. They will amend the

Information Collection Request for Ambient Air Quality Networks, which

has been approved under OMB Control No. 2060-0084.

The EPA has estimated the additional burden associated with this

rule in reporting the data on a quarterly basis versus summary

statistics on a yearly basis to be 11,000 hours. This includes an

average of 50 hours per respondent (55 States and/or Territories) per

quarter. This burden includes the editing, resolution of anomalies, and

the updating of information on site location and environment. This

estimate does not include the burden for reading the instructions,

planning for report preparation, creating the information, or making

electronic transmittal of data because these items were included in the

previous labor estimate for the NAMS. It is also assumed that the State

agencies are either AIRS users or operate storage and retrieval systems

which allow automated submissions of data on a quarterly basis. The

burdens for editing and anomaly resolution and for maintaining site

information are assumed to be proportional to comparable functions for

AIRS.

3. Other Reviews

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 OMB review and the

requirements of the Executive Order. The Order defines ``significant

regulatory action'' as one that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

It has been determined that this rule is not a ``signficant

regulatory action'' under the terms of Executive Order 12866 and is,

therefore, not subject to OMB review.

List of Subjects in 40 CFR Part 58

Air pollution control, Intergovernmental relations, Reporting and

recordkeeping requirements, Quality assurance requirements, Ambient air

quality monitoring network.

Statutory Authority

The statutory authorities for today's final rule are Secs. 110,

301(a), and 319, Clean Air Act as amended, 42 U.S.C. 7410, 7101(a), and

7619.

Dated: August 4, 1994.

Carol M. Browner,

Administrator.

For the reasons set forth in the preamble, part 58 of chapter I of

title 40 of the Code of Federal Regulations is amended as follows:

PART 58--AMBIENT AIR QUALITY SURVEILLANCE

1. The authority citation for part 58 is revised to read as

follows:

Authority: Sections 110, 301(a), and 319 of the Clean Air Act as

amended (42 U.S.C. 7410, 7601(a), and 7619).

2. Section 58.1 is amended by redesignating paragraphs (p) through

(y) as (q) through (z), and by adding a new paragraph (p) and revising

the newly designated paragraph (q) to read as follows:

Sec. 58.1 Definitions.

* * * * *

(p) Aerometric Information Retrieval System (AIRS)-Air Quality

Subsystem (AQS) is EPA's computerized system for storing and reporting

of information relating to ambient air quality data.

(q) Storage and Retrieval of Aerometric Data (SAROAD) system is a

computerized system which stores and reports information relating to

ambient air quality. The SAROAD system has been replaced with the AIRS-

AQS system; however, the SAROAD data reporting format continues to be

used by some States and local air pollution agencies as an interface to

AIRS on an interim basis.

* * * * *

3. Section 58.28 is revised to read as follows:

Sec. 58.28 SLAMS data submittal.

The State shall submit all of the SLAMS data according to the same

data submittal requirements as defined for NAMS in section 58.35. The

State shall also submit any portion or all of the SLAMS data to the

appropriate Regional Administrator upon request.

4. Section 58.35 is revised to read as follows:

Sec. 58.35 NAMS data submittal.

(a) The requirements of this section apply to those stations

designated as both SLAMS and NAMS by the network description required

by Secs. 58.20 and 58.30.

(b) The State shall report to the Administrator all ambient air

quality data for SO2, CO, O3, NO2, Pb, and PM-10 and

information specified by the AIRS Users Guide (Volume II, Air Quality

Data Coding, and Volume III, Air Quality Data Storage) to be coded into

the AIRS-AQS format. Such air quality data and information must be

submitted directly to the AIRS-AQS via either electronic transmission

or magnetic tape, in the format of the AIRS-AQS, and in accordance with

the quarterly schedule described in paragraph (c) of this section.

(c) The specific quarterly reporting periods are January 1-March

31, April 1-June 30, July 1-September 30, and October 1-December 31.

The data and information reported for each reporting period must:

(1) Contain all data and information gathered during the reporting

period.

(2) Be received in the AIRS-AQS within 90 days after the end of the

quarterly reporting period. For example, the data for the reporting

period January 1-March 31, 1994 are due on or before June 30, 1994.

(d) Air quality data submitted for each reporting period must be

edited, validated, and entered into the AIRS-AQS for updating (within

the time limits specified in paragraph (c) of this section) pursuant to

appropriate AIRS-AQS procedures. The procedures for editing and

validating data are described in the AIRS Users Guide, Volume II Air

Quality Data Coding.

(e) This section does not permit a State to exempt those SLAMS

which are also designated as NAMS from all or any of the reporting

requirements applicable to SLAMS in Section 58.26.

5. Sections 58.20, 58.23, 58.31, 58.34, and Appendices A and D are

amended by revising the acronym ``SAROAD'' to read ``AIRS'' in the

following places:

a. Section 58.20(e)(1), and (e)(6)(i);

b. Section 58.23(a);

c. Section 58.31(a) and 58.31(g)(1);

d. Section 58.34(a);

e. Appendix A, Section 4; and

f. Appendix D, Section 2.5, last paragraph.

6. In Appendix A, section 4.1 is revised to read as follows:

Appendix A--Quality Assurance Requirements for State and Local Air

Monitoring Stations (SLAMS)

* * * * *

4.1 Quarterly Reports. For each quarter, each reporting

organization shall report to AIRS-AQS directly (or via the appropriate

EPA Regional Office for organizations not direct users of AIRS) the

results of all valid precision and accuracy tests it has carried out

during the quarter. The quarterly reports of precision and accuracy

data must be submitted consistent with the data reporting requirements

specified for air quality data as set forth in Sec. 58.35(c). Each

organization shall report all collocated measurements including those

falling below the levels specified in section 5.3.1. Do not report

results from invalid tests, from tests carried out during a time period

for which ambient data immediately prior or subsequent to the tests

were invalidated for appropriate reasons, or from tests of methods or

analyzers not approved for use in SLAMS monitoring networks under

Appendix C of this part.

* * * * *

7. Appendix A is amended by removing section 4.3, including Figure

A-1 (for reporting accuracy data), and Figure A-2 (for reporting

precision data). Appendix A is also amended following Table A-1 by

removing the two data quality assessment reporting forms and the table

labeled ``Information to be Contained on the Back of the Data Reporting

Forms''.

8. Appendices A, B, and C are amended by revising the words

``Environmental Monitoring Systems Laboratory'' to read ``Atmospheric

Research and Exposure Assessment Laboratory'' in the following places:

a. Appendix A, Sections 2.3.1 and 2.4;

b. Appendix A, Section 4;

c. Appendix A, References 2 and 3;

d. Appendix B, Section 2.3.1;

e. Appendix B, References 2, 3, 6, and 7; and

f. Appendix C, Section 2.7.1.

9. Appendices A and B are amended by revising the acronym ``EMSL''

to read ``AREAL'' in the following places:

a. Appendix A, Section 4;

b. Appendix A, Section 4.1;

c. Appendix B, Section 2.4.

10. Appendix D, Section 3.2 is amended by revising the acronym

``OANR'' to read ``Office of Air and Radiation (OAR).''

11. Appendix F is amended by revising the acronym ``SAROAD'' to

read ``AIRS-AQS'' in the following places:

a. 2.1.1 (two places);

b. 2.2.1;

c. 2.3.1 (two places);

d. 2.4.1 (two places);

e. 2.5.1 (two places);

f. 2.6.1 (two places); and

g. 2.7.1.

12. Section 58.1, Appendix A and Appendix B are amended by revising

the words ``National Bureau of Standards'' to read ``National Institute

of Standards and Technology'' in the following places:

a. Newly redesignated section 58.1(s);

b. Appendix A, Section 2.3.1; and

c. Appendix B, Section 2.3.1.

13. Section 58.1, Appendix A and Appendix B are amended by revising

the acronym ``NBS'' to read ``NIST'' in the following places:

a. Newly redesignated section 58.1(s) (2 places);

b. Appendix A, Section 2.3.1 (3 places);

c. Appendix A, Section 3.2;

d. Appendix B, Section 2.3 (3 places); and

e. Appendix B, Section 3.2.

[FR Doc. 94-19642 Filed 8-11-94; 8:45 am]

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