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

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.

-----------------------------------------------------------------------

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 (O3) 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.

* * * * * * *

------------------------------------------------------------------------

* * * * *

[FR Doc. 97-9864 Filed 4-15-97; 8:45 am]

BILLING CODE 6560-50-P