Modification of the Ozone Monitoring Season for Washington and Oregon

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[ORWA-010799-a; FRL-6220-3]

Modification of the Ozone Monitoring Season for Washington and

Oregon

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending 40 CFR

part 58, Appendix D, section 2.5, to shorten the ozone monitoring

season in Washington and Oregon from April 1 through October 31 to May

1 through September 30.

DATES: This direct final rule is effective on March 22, 1999 without

further notice, unless EPA receives adverse comment by February 19,

1999. If adverse comment is received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: Written comments should be addressed to: Chris Hall, Office

of Air Quality (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle,

Washington 98101.

Copies of material submitted to EPA may be examined during normal

business hours at the following locations: EPA, Region 10, Office of

Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington 98101,

and at Washington's Department of Ecology.

FOR FURTHER INFORMATION CONTACT: Chris Hall, Office of Air Quality

(OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle, Washington 98101,

(206) 553-1949.

SUPPLEMENTARY INFORMATION:

I. Background

On July 9, 1998, EPA released a new guidance document concerning

ozone monitoring season selection and modification (``Guideline for

Selecting and Modifying the Ozone Monitoring Season Based on an 8-Hour

Ozone Standard,'' July 9, 1998. EPA-454/R-98-001). In the guidance,

EPA's Office for Air Quality Planning and Standards (``OAQPS'')

evaluated the ozone monitoring data and seasons for each state, and

provided a methodology for calculating new ozone monitoring seasons.

On November 19, 1998, the Washington Department of Ecology

(Ecology) submitted a request to EPA Region 10 to shorten its ozone

monitoring season per the guidance document's process and

recommendations. Currently the ozone monitoring season for Washington

is April 1 through October 31, as required by federal regulations which

can be found in the ``Ozone Monitoring Season by State'' table found in

40 CFR part 58, Appendix D section 2.5, and as required by State

Implementation Plan for Washington as approved by EPA. Since 1990 there

has been no exceedance of the 8-hour NAAQS (0.08 ppm) in Oregon or

Washington during the months of April and October. Ecology requested

that EPA modify the monitoring season to May through September, in

accordance with EPA's guidance.

A similar letter of request was submitted by the Oregon Department

of Environmental Quality (DEQ) on December 1, 1998. In response to an

earlier request from DEQ, EPA already had approved a modification of

the Oregon 1-hour ozone monitoring season from May 1 through September

30. EPA's guidance suggested that a similar

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monitoring period of May 1 through September 30 for the 8-hour standard

would capture the high ozone values occurring during the spring and

summer seasons in Oregon. EPA and DEQ analysis of monitoring data for

the 11-year period dating back to 1988 found no exceedances during the

months of April or October at Oregon ozone monitoring sites.

II. Summary of Action

EPA is approving a modification to Oregon and Washington's ozone

monitoring season. Under the change approved by this notice, the new

season will begin on May 1 and end on September 30. EPA Region 10 is

taking this action at the request of DEQ and Ecology after reviewing

all ambient ozone monitoring data 1 for both Oregon and

Washington over the past nine seasons (1990 though 1998).

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\1\ For this review EPA Region 10 used all available data as

entered into EPA's Aerometric Information Retrieval System (AIRS).

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EPA Region 10 has determined that this review meets the standards

of EPA guidance provided in the July 9, 1998 ``Guideline for Selecting

and Modifying the Ozone Monitoring Season Based on an 8-Hour Ozone

Standard.'' This guidance provides a basis for adjusting the months in

which ozone monitoring for the 8-hour ozone standard is required.

Analyses provided in the July 9, 1998, EPA guidance showed that between

1990 and 1995 no excursions of the 8-hour ozone standard had occurred

at any of the monitoring sites in Oregon or Washington during the

months of April or October, and conclude that ozone monitoring during

these two months could be discontinued. EPA Region 10 agrees with the

analyses of DEQ and Ecology with regard to the months of April and

October. Based on the historical data review, the analysis of

information contained in EPA's July 9, 1998, guidance, and the

information provided by DEQ and Ecology in their requests, EPA Region

10 has determined that discontinuing monitoring in Oregon and

Washington during the months of April and October will not result in

the potential to miss days in which the 8-hour ozone standard is

exceeded, and will result in significant cost savings for both

agencies.

EPA notes that the analysis in the OAQPS guidance found no

excursions of the 8-hour standard in Washington for the month of

September, and suggested that monitoring in Washington could

potentially be discontinued during this month as well. EPA Region 10's

analysis of Washington ozone monitoring data through September 1998

found one recorded excursion on September 1, 1998 (Tacoma). QA

validation of this record had not yet been finalized. Additionally, EPA

notes that Oregon and Washington share an ozone maintenance area

(Vancouver-Portland), and that a number of excursions have been

recorded at ozone monitoring sites in Oregon during September over the

past nine seasons. Therefore, EPA Region 10 and Ecology believe that

ozone monitoring data should continue to be collected during the month

of September given the likelihood future excursions of the 8-hour

standard in Washington could occur.

By this notice, EPA Region 10 is agreeing with the conclusions of

DEQ and Ecology that ambient ozone monitoring in April and October can

be discontinued. EPA believes that reductions in the required schedule

will provide significant cost savings for both state agencies without

reducing the effectiveness of their ozone monitoring program.

EPA is publishing this rule without a prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This rule will be effective March 22, 1999

without further notice unless the Agency receives adverse comments by

February 19, 1999.

If EPA receives such comments, then EPA will publish a notice

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on March 22, 1999 and no

further action will be taken on the proposed rule.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, Regulatory

Planning and Review.

B. Executive Order 12875

Under Executive Order 12875, Enhancing the Intergovernmental

Partnership, EPA may not issue a regulation that is not required by

statute and that creates a mandate upon a state, local or tribal

government, unless the federal government provides the funds necessary

to pay the direct compliance costs incurred by those governments, or

EPA consults with those governments. If EPA complies by consulting,

Executive Order 12875 requires EPA to provide to the Office of

Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of state, local and tribal

governments to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be economically significant as defined under E.O. 12866,

and (2) concerns an environmental health or safety risk that EPA has

reason to believe may have a disproportionate effect on children. If

the regulatory action meets both criteria, the Agency must evaluate the

environmental health or safety effects of the planned rule on children,

and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency. This rule is not subject to E.O. 13045 because it is

does not involve decisions intended to mitigate environmental health or

safety risks.

D. Executive Order 13084

Under Executive Order 13084, Consultation and Coordination with

Indian Tribal Governments, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the federal

government provides the funds necessary to pay the direct compliance

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costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments to provide meaningful and

timely input in the development of regulatory policies on matters that

significantly or uniquely affect their communities. Today's rule does

not significantly or uniquely affect the communities of Indian tribal

governments. Accordingly, the requirements of section 3(b) of E.O.

13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the federal-state relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

F. 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

annual 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 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 this approval action does not include a

federal mandate that may result in estimated annual 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

preexisting requirements under state or local law, and imposes no new

requirements. Accordingly, no additional costs to state, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major'' rule as defined by 5 U.S.C. 804(2).

H. 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 March 22, 1999. 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).)

List of Subjects in 40 CFR Part 58

Environmental protection, Air pollution control, Ozone, Oregon,

Reporting and recordkeeping requirements, Washington.

Dated: January 7, 1999.

Chuck Clarke,

Regional Administrator, Region 10.

Part 58, 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. 7401 et seq.

2. Part 58, Appendix D, section 2.5: the table is amended by

revising the entry for Oregon and Washington 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 Stations (PAMS)

* * * * *

2.5 Ozone (O3) Design Criteria for SLAMS

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Ozone Monitoring Season by State

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

State Begin Month End Month

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* * * * *

Oregon.......................... May............... September

* * * * *

Washington...................... May............... September

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[FR Doc. 99-1121 Filed 1-19-99; 8:45 am]

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