[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Rules and Regulations]
[Pages 11907-11909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5028]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[WI51-01-6828; FRL-5158-3]


Modification of the Ozone Monitoring Season; Wisconsin

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: This final rule contains revisions to part 58 of chapter 1 of 
title 40 of the Code of Federal Regulations (CFR), appendix D, the 
Ozone Monitoring Season By State table in section 2.5. The revisions 
change Wisconsin's ozone monitoring season to April 15 through October 
15.

EFFECTIVE DATE: March 3, 1995.

ADDRESSES: Copies of documents relevant to this action are available 
for inspection at the following address: United States Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois, 60604. Telephone Jacqueline Nwia 
at (312) 886-6081 before visiting the Region 5 Office.

FOR FURTHER INFORMATION CONTACT: Jacqueline Nwia, Regulation 
Development Section, U.S. Environmental Protection Agency, Region 5, 
Air Toxics and Radiation [[Page 11908]] Branch, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604. Telephone (312) 886-6081.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 11, 1980 (45 FR 2319), the USEPA approved, into the 
Wisconsin SIP, revisions to Wisconsin rule NR 154.01-Definitions, which 
set forth the ozone season for Wisconsin as the period each year from 
May 1 through September 30. This action was codified in 40 CFR part 52, 
Sec. 52.2570(c)(13).
    On April 4, 1980, the USEPA approved a waiver for ozone monitoring 
at State and Local Ambient Monitoring Stations (SLAMS) from October 16 
to April 14 with the exception of National Ambient Monitoring Stations 
(NAMS) sites required in the southeast Wisconsin air quality control 
region, which would continue to monitor for the entire year as 
recommended in the USEPA's Guideline for the Implementation of Ambient 
Air Monitoring (EPA 450/4-79-038). This approval was in the form of a 
letter from the Regional Administrator to the Director of Wisconsin's 
Department of Natural Resources (WDNR) Bureau of Air Management. See 
the USEPA guidance entitled Guideline on Modification to Monitoring 
Seasons for Ozone, March 1990, prepared by the Technical Support 
Division of Office of Air Quality Planning and Standards.
    On March 19, 1986 (51 FR 9582), the USEPA promulgated revisions to 
40 CFR part 58, appendix D, which were needed to meet changing air 
monitoring program requirements. These revisions included the addition 
of the Ozone Monitoring Season By State table in section 2.5, of 
appendix D. This table listed the Wisconsin ozone monitoring season as 
beginning on April 1 and ending on October 31. This is the ozone season 
currently reflected in the Aerometric Information Retrieval System 
(AIRS) for Wisconsin.

II. Review

    Since AIRS extracts the ozone monitoring season from appendix D, 
April 1 through October 31 is reflected in AIRS for Wisconsin. 
Consequently, this ozone season is used in the calculation of the 
number of expected exceedances. Since Wisconsin SLAMS only monitor from 
April 15 through October 15, there are 29 non-monitored days. AIRS 
views this non-monitored situation as missing data. This has the effect 
of increasing the exceedance estimate, if any exceedances are observed. 
AIRS assigns the same ozone season to all SLAMS, NAMS and Special 
Purpose Monitoring Stations (SPMS) monitors in a State or county. AIRS 
does not have the capability to define a separate ozone season for 
individual monitors. Further, 40 CFR part 58, appendix D does not 
distinguish ozone seasons by monitor type, but defines an ozone season 
for all monitor types.
    Since the shorter ozone season was already approved by the Regional 
Administrator in 1980 for SLAMS, an analysis for these monitors is not 
required. The 1980 waiver, however, did not apply to NAMS monitors. 
Therefore, as recommended by the Guideline on Modification to 
Monitoring Seasons for Ozone, Technical Support Division Office of Air 
Quality Planning and Standards, March 1990, the USEPA reviewed the 
ozone monitoring data for the entire State to determine whether the 
1980 waiver may be extended to NAMS.
    The guidance states that the potential for ozone exceedances, and, 
consequently, ozone season reductions can be determined using 
historical ozone monitoring data. A review of historical ozone data for 
this purpose must be based on 5 years of the most recent data, in order 
to ensure that both favorable and unfavorable conditions are 
represented. The guidance allows reduction in monitoring for months 
without 1-hour ozone concentrations exceeding 0.10 ppm during the most 
recent 5 years.
    The most recent 5 years, 1988-1993, of ambient ozone data (AIRS 
AMP215 and AMP355 Standard Reports), demonstrates that there have been 
no exceedances of the ozone National Ambient Air Quality Standard in 
the time periods April 1 through April 14 and October 16 through 
October 31 for any of the NAMS monitors in the State. The highest ozone 
value recorded at a NAMS between April 1 and April 14 was 0.08 parts 
per million (ppm) in Ozaukee county (55-089-0005) in 1991. The highest 
ozone value recorded at a NAMS between October 16 and October 31 was 
0.076 ppm which occurred in 1989 in Columbia county (55-021-0015) and 
Ozaukee county (55-089-0005), both of which fall below the 0.10 ppm 
recommended limit. See Guideline on Modification to Monitoring Seasons 
for Ozone, Technical Support Division Office of Air Quality Planning 
and Standards, March 1990, p. 5.
    The relevant data demonstrates that no concentrations above 0.10 
ppm were recorded during April 1-April 14 or October 16-October 31. 
Consequently, the test of 5 years of data without any concentrations 
above the recommended limit of 0.10 ppm has been satisfied.
    In addition, it should be noted that the ozone season as it applies 
to Wisconsin's rules and regulations will not change with this 
revision. The ozone season approved as part of the Wisconsin SIP, in 
Rule 154.01 Definitions, is the period from May 1 through September 30 
and will continue to be so.
    The modified ozone monitoring season will apply to future 
monitoring efforts at SLAMS and NAMS unless otherwise revised.

III. Action

    After reviewing 5 years worth of Wisconsin ozone monitoring data, 
we find that the change in ozone monitoring season in Wisconsin 
complies with all applicable requirements of the Clean Air Act (Act) 
and USEPA policy and regulations concerning such revisions. Pursuant to 
40 CFR 58.13(a)(3), the Regional Administrator has the authority to 
exempt periods or seasons from consecutive hourly averages for 
continuous SLAMS analyzers.
    The USEPA is revising Wisconsin's ozone monitoring season in 40 CFR 
part 58, appendix D, section 2.5 to April 15 through October 15 of each 
year for all monitor types.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. The action will become 
effective on March 3, 1995.
    Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by May 2, 1995. 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) of the Act, 42 
U.S.C. 7607(b)(2).
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 
USEPA 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, the USEPA 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. [[Page 11909]] 
    This action does not create any new requirements. Therefore, I 
certify that it does not have a significant impact on small entities.

List of Subjects in 40 CFR Part 58

    Environmental protection, Air pollution control, Intergovernmental 
relations.

    Dated: February 9, 1995.
David A. Ullrich,
Acting Regional Administrator.

    40 CFR part 58, appendix D 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, and 7619.

Appendix D--[Amended]

    2. In section 2.5 of appendix D, the table is amended by revising 
the entry for Wisconsin 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)

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    2.5 * * *

                                                                        
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         State                 Begin month               End month      
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                          *    *    *    *    *                         
Wisconsin..............  April 15...............  October 15.           
                                                                        
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[FR Doc. 95-5028 Filed 3-2-95; 8:45 am]
BILLING CODE 6560-50-P