[Federal Register Volume 64, Number 77 (Thursday, April 22, 1999)]
[Rules and Regulations]
[Pages 19717-19719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9593]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[AD-FRL-6326-5]
RIN 2060-AI48


Revisions to Reference Method for the Determination of Fine 
Particulate Matter as PM2.5 in the Atmosphere

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: A new national network of fine particulate monitors is being 
established over the next two years. In order to assure that monitoring 
data are of the highest quality and are comparable both within and 
between air monitoring agencies, many specific design and performance 
requirements were detailed in 40 CFR part 50, appendix L. Other 
requirements were set forth in documents such as section 2.12 of the 
``Quality Assurance Handbook for Air Pollution Measurement Systems, 
Volume II, Ambient Air Specific Methods,'' EPA/600/R-94/038b.
    This direct final action revises two requirements for measurement 
of fine particulates in 40 CFR part 50. For transport of exposed 
filters from the sample location to the conditioning environment, 40 
CFR part 50 will no longer specify that the protective shipping 
container be made of metal. For verification of sampler flow rate, 40 
CFR part 50 will now specify that new calibrations shall be performed 
if the reading of the sampler's flow rate indicator or measurement 
device differs by more than 4 percent or more from the flow 
rate measured by the flow rate standard. The flow rate verification 
tolerance was previously set at 2 percent.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment 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 revise two requirements for 
measurement of fine particulate in 40 CFR part 50 should adverse 
comments be filed.

DATES: This rule is effective on June 21, 1999 unless the Agency 
receives adverse comments by May 24, 1999. Should the Agency receive 
such comments, it will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect. If 
adverse comments are timely received on an amendment, paragraph, or 
section of this rule and that provision may be addressed separately 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of adverse comment, effective on 
June 21, 1999.

ADDRESSES: Comments should be submitted (in duplicate, if possible) to: 
Air Docket (A-95-54), US Environmental Protection Agency, Attn: Docket 
No. A-95-54, 401 M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Tim Hanley, Emissions, Monitoring, and 
Analysis Division (MD-14), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, Telephone: (919) 541-4417, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Authority

    Sections 110, 301(a), and 319 of the Clean Air Act as amended 42 
U.S.C. 7409, and 7601(a).

II. Background

    A new national network of fine particulate monitors is being 
established over the next two years. In order to assure that monitoring 
data are of the highest quality and are comparable both within and 
between air monitoring agencies, many specific design and performance 
requirements were detailed in 40 CFR part 50, appendix L. Other 
requirements were set forth in documents such as section 2.12 of the 
``Quality Assurance Handbook for Air Pollution Measurement Systems, 
Volume II, Ambient Air Specific Methods,'' EPA/600/R-94/038b.
    One design requirement detailed in 40 CFR part 50, appendix L, is 
the use of a protective metal container for transporting filter 
cassettes from

[[Page 19718]]

monitoring sites to the conditioning environment. (Sample filters are 
weighed before and after sample collection. To help assure that any 
post-sampling weight gain is due to PM2.5, sample filters 
must be ``conditioned'' at the same moisture and temperature conditions 
prior to weighing.) 40 CFR part 50, appendix L, section 10.10, second 
sentence, reads: ``This protective container shall be made of metal and 
contain no loose material that could be transferred to the filter.'' 
The EPA believes that the requirement of a metal container should not 
be mandated and container selection should be based on performance, not 
design. What is important is not that the container be made of metal 
but that it not contain loose material that could be transferred to the 
filter. So, this direct final rule eliminates the requirement for metal 
containers and leaves in place the requirement that the containers not 
contain loose material that could be transferred to the filter.
    To help assure that a sampler's collection of fine particles is 
acceptable for its intended use, 40 CFR part 50 requires that specific 
air flow rates be maintained and verified. Section 9.2.5 of appendix L, 
40 CFR part 50 states ``If during a flow rate verification the reading 
of the sampler's flow rate indicator or measurement device differs by 
+/-2 percent or more from the flow rate measured by the flow rate 
standard, a new multi-point calibration shall be performed and the flow 
rate verification must then be repeated.'' The EPA believes that while 
flow rate is a critical parameter whose accuracy must be controlled, 
having too tight a control limit on verifications may result in 
unnecessary field calibrations. This is due to the expectation that 
flow rate verifications will be performed in the field on a schedule 
detailed in the ``Quality Assurance Handbook for Air Pollution 
Measurement Systems, Volume II, Ambient Air Specific Methods,'' EPA/
600/R-94/038b. Since conditions in the field will always be less 
controllable than in a laboratory, a more relaxed tolerance for 
verification of the flow rate will be set at +/-4 percent.

III. Administrative Requirements Section

A. 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 Office of Management and Budget (OMB) review 
and to 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, State and local 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 or 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 action is not a ``significant 
regulatory action'' under the terms of the Executive Order 12866 and is 
therefore not subject to formal OMB review.

B. Executive Order 12875

    Under Executive Order 12875, 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.''
    In compliance with Executive Order 12875, the Agency involved 
State, local, and Federal governments in the development of this rule. 
These governments are not directly impacted by the rule; i.e., they are 
not required to purchase control systems to meet the requirements of 
the rule. However, they will be required to implement the rule. 
Representatives of State environmental agencies have been members of 
the EPA work group developing this rule. The comments and suggestions 
of State agency staffs have been carefully considered in the rule 
development. In addition, all States had opportunity to comment on the 
proposed rule during the public comment period and the EPA fully 
considered these comments in the final rulemaking.

C. Executive Order 13045

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that the EPA determines (1) is 
``economically significant,'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has 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 direct final rule is not subject to Executive Order 13045 
because it is not an economically significant regulatory action as 
defined by Executive Order 12866, and it does not address an 
environmental health or safety risk that would have a disproportionate 
effect on children.

D. Executive Order 13084

    Under Executive Order 13084 entitled ``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 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 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 meaninful and 
timely input in the development of regulatory policies on matters that 
significantly or uniquely affect their communities.'' 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

[[Page 19719]]

of section 3(b) of Executive Order 13084 do not apply to this rule.

E. Paperwork Reduction Act

    Today's action does not impose any new information collection 
burden. This action revises the part 50 air monitoring regulations for 
particulate matter to allow for flexibility in the type of containers 
used and a reduction in unnecessary flow rate calibrations. The Office 
of Management and Budget (OMB) has previously approved the information 
collection requirements in the part 50 regulation under the provisions 
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2060-0084 (EPA ICR No. 0940.13 and revised by 
0940.14).

F. Impact on Small Entities

    The Regulatory Flexibility Act 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 
whose jurisdictions are less than 50,000 people. This final rule will 
not have a significant impact on a substantial number of small entities 
because it does not impact small entities whose jurisdictions cover 
less than 50,000 people. Pursuant to the provision of 5 U.S.C. 605(b), 
I certify that this action will not have a significant economic impact 
on a substantial number of small entities.
    Since this modification is classified as minor, no additional 
reviews are required.

G. Unfunded Mandates Reform Act

    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 standards that include a Federal mandate that may result in 
estimated costs to State, local, or tribal governments, or to the 
private sector, of, in the aggregate, $100 million or more. Under 
section 205, the EPA must select the most cost-effective and least 
burdensome alternative that achieves the objectives of the standard 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 standards. The EPA has 
determined that this action does not include a Federal mandate that may 
result in estimated costs of $100 million or more to either State, 
local, or tribal governments. Therefore, the requirements of the 
Unfunded Mandates Act of 1995 do not apply to this action.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This rulemaking involves technical standards. Therefore, the Agency 
conducted a search to identify potentially applicable voluntary 
consensus standards. The search was performed by querying the National 
Resource for Global Standards Database available on the world wide web 
at www.nssn.org. This database, maintained by the American National 
Standards Institute, is a comprehensive data network for national, 
foreign, regional and international standards and regulatory documents. 
The search did not identify any voluntary consensus standard that 
referenced the required use of metal containers or specific flow rate 
tolerances in standards applicable to particulate matter. Therefore, 
EPA intends to use the technical standards proposed herein.

I. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 50

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, Quality assurance 
requirements, Ambient air quality monitoring network.

    Dated: April 9, 1999.
Carol M. Browner,
Administrator.
* * * * *
    For the reasons set forth in the preamble, title 40, chapter I, 
part 50 of the Code of Federal Regulations is amended as follows:

PART 50--[AMENDED]

    1. The authority citation for part 50 continues to read as follows:

    Authority: 42 U.S.C. 7410, 7601(a), 7613, 7619.

    2. Appendix L is amended by revising section 9.2.5 to read as 
follows:

Appendix L to Part 50--Reference Method for the Determination of 
Fine Particulate Matter as PM2.5 in the Atmosphere

    9.2.5  If during a flow rate verification the reading of the 
sampler's flow rate indicator or measurement device differs by 
 4 percent or more from the flow rate measured by the flow 
rate standard, a new multipoint calibration shall be performed and the 
flow rate verification must then be repeated.
    3. Appendix L is further amended by revising the second sentence of 
section 10.10 to read as follows:
    10.10 * * * The protective container shall contain no loose 
material that could be transferred to the filter. * * *

[FR Doc. 99-9593 Filed 4-21-99; 8:45 am]
BILLING CODE 6560-50-P