[Federal Register Volume 64, Number 12 (Wednesday, January 20, 1999)]
[Rules and Regulations]
[Pages 3028-3030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1121]


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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

[[Page 3029]]

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

[[Page 3030]]

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
* * * * *

                    Ozone Monitoring Season by State
------------------------------------------------------------------------
              State                   Begin Month          End Month
------------------------------------------------------------------------
 
                  *        *        *        *        *
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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