[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Rules and Regulations]
[Pages 10389-10391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5382]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[R4-9912; FRL-6237-6]


Modification of the Ozone Monitoring Season for Alabama, Florida, 
Georgia, Kentucky, Mississippi and Tennessee

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending 40 CFR 
part 58, appendix D, section 2.5, to lengthen the ozone monitoring 
season in Alabama, Georgia, Kentucky, Mississippi and Tennessee from 
April 1 through October 31 to March 1 through October 31; and to 
shorten the ozone monitoring season for Florida from year round to 
March 1 through October 31.

EFFECTIVE DATE: This final rule is effective on March 4, 1999.

ADDRESSES: Copies of the material relating to this rule may be examined 
during normal business hours at the following locations: Environmental 
Protection Agency, Sam Nunn Atlanta Federal Center, Region 4 Air 
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104; 
and Office of the Federal Register, 800 North Capitol Street, NW, Suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dick Schutt of the EPA Region 4 office 
at 404/562-9033 or e-mail at ``[email protected]''.

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). This guidance 
provides a basis

[[Page 10390]]

for adjusting the months in which ozone monitoring for the 8-hour ozone 
National Ambient Air Quality Standard (NAAQS) is required. 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 
October 6, 1998, EPA Region 4 notified the Region 4 States of EPA's 
intent to revise the ozone monitoring season. Based on comments 
received in response to that letter and additional information from 
OAQPS, EPA Region 4 notified all Region 4 States, on February 18, 1999, 
of the decision to revise the ozone monitoring season for Alabama, 
Florida, Georgia, Kentucky, Mississippi and Tennessee and not to change 
the season for North Carolina and South Carolina. The ozone monitoring 
season as required by federal regulations can be found in the ``Ozone 
Monitoring Season by State'' table found in 40 CFR part 58, appendix D, 
section 2.5. This table is being updated by this action. Since 1990, 
there has been no exceedance of the 8-hour NAAQS (0.08 ppm) in North 
Carolina or South Carolina during the months of November through March. 
Therefore, the ozone monitoring season remains the same for those two 
States (April 1 through October 31). Since 1990, there has been no 
exceedance of the 8-hour NAAQS (0.08 ppm) in Alabama, Florida, Georgia, 
Kentucky, Mississippi, or Tennessee during the months of November 
through February. Therefore, the monitoring season was shortened for 
Florida and lengthened for Alabama, Georgia, Kentucky, Mississippi and 
Tennessee.

II. Summary of Action

    EPA is approving a modification to the ozone monitoring season for 
Alabama, Florida, Georgia, Kentucky, Mississippi, and Tennessee. The 
ozone monitoring season is being shortened for Florida from year round 
to March 1-October 31. The season for Alabama, Georgia, Kentucky, 
Mississippi and Tennessee is being lengthened by one month to March 1-
October 31. The season for these five States previously was April 1-
October 31. EPA Region 4 is taking this action after reviewing all 
ambient ozone monitoring data 1 for all Region 4 States over 
an eight season period.
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    \1\ For this review EPA Region 4 used all available data as 
entered into EPA's Aerometric Information Retrieval System (AIRS) 
for the period 1990-1997.
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    This rule will be effective March 4, 1999. EPA has determined that 
today's rule falls under the ``good cause'' exemption in section 
553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon 
finding ``good cause,'' authorizes agencies to dispense with public 
participation and section 553(d)(3) which allows an agency to make a 
rule effective immediately (thereby avoiding the 30-day delayed 
effective date otherwise provided for in the APA). Today's rule simply 
codifies provisions which are already in effect as a matter of law in 
Federal and approved State programs.
    Under section 553 of the APA, an agency may find good cause where 
procedures are ``impractical, unnecessary, or contrary to the public 
interest.'' Public comment is ``unnecessary'' and ``contrary to the 
public interest'' since the affected parties, the state agencies, have 
already commented to EPA on this action. Immediate notice in the CFR 
benefits the public by initiating the ozone monitoring season on March 
1, 1999, rather than waiting until the 2000 monitoring season.

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 
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.

[[Page 10391]]

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 May 3, 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, Reporting 
and recordkeeping requirements.

    Dated: February 24, 1999.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 entries for Alabama, Florida, Georgia, Mississippi and 
Tennessee to read as follows:

Appendix D to Part 58--Network Design for State and Local Air 
Monitoring Stations (SLAMS), 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
------------------------------------------------------------------------
 
                  *        *        *        *        *
Alabama.........................  March..............  October.
 
                  *        *        *        *        *
Florida.........................  March..............  October.
Georgia.........................  March..............  October.
 
                  *        *        *        *        *
Kentucky........................  March..............  October.
 
                  *        *        *        *        *
Mississippi.....................  March..............  October.
 
                  *        *        *        *        *
Tennessee.......................  March..............  October.
 
                  *        *        *        *        *
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[FR Doc. 99-5382 Filed 3-3-99; 8:45 am]
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