[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19642]


[[Page Unknown]]

[Federal Register: August 12, 1994]


_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 58




Ambient Air Quality Surveillance Regulations; Final Rule
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[AD-FRL-4691-5]

 
Ambient Air Quality Surveillance Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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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