[Federal Register Volume 72, Number 112 (Tuesday, June 12, 2007)]
[Proposed Rules]
[Pages 32266-32269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2237]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 53 and 58

[EPA-HQ-OAR-2004-0018; FRL-8308-8]
RIN 2060-AO06


Ambient Air Monitoring Regulations: Correcting and Other 
Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to correct and clarify parts of a recent 
final rule published on October 17, 2006, that amended the ambient air 
monitoring requirements for criteria pollutants. The proposed changes 
include several instances where the wording in the preamble and 
regulatory text were not completely consistent, several regulatory text 
passages that contained some imprecise language, two instances

[[Page 32267]]

of regulatory text omission, an outdated address reference, and 
numerous publication errors in tables and equations. EPA is also 
proposing to allow EPA Regional Administrators to approve departures 
from the minimum number of PM10 monitors otherwise specified 
in the rule. In the ``Rules and Regulations'' section of this Federal 
Register, we are taking direct final action on the amendments because 
we view the amendments as non-controversial and anticipate no adverse 
comments. If we receive no adverse comments, we will take no further 
action on this proposed rule.

DATES: Written comments must be received by July 12, 2007.

ADDRESSES: Please see the related direct final rule, which is located 
in the ``Rules and Regulations'' section of this Federal Register, for 
detailed instructions on how to submit comments.

FOR FURTHER INFORMATION CONTACT: Mr. Lewis Weinstock, Air Quality 
Assessment Division (C304-06), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-3661; fax 
number: (919) 541-1903; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on Ambient Air Monitoring 
Regulations: Correcting and Other Amendments. We have published a 
direct final rule identical to this proposal to correct and clarify 
parts of a recent final rule published on October 17, 2006, that 
amended the ambient air monitoring requirements for criteria 
pollutants. We view this as a non-controversial action and anticipate 
no adverse comment. We have explained our reasons for this action in 
the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If EPA receives relevant adverse comment on one 
or more of the amendments included in this proposal, we will publish a 
timely withdrawal in the Federal Register informing the public which 
amendment or amendments we are withdrawing. The provisions that are not 
withdrawn will become effective as set out in the DATES section of the 
direct final rule. We will address these public comments in a 
subsequent final rule based on this proposal. We will not institute a 
second comment period on this action. Any persons interested in 
commenting must do so at this time.
    The regulatory text for the proposal is identical to that for the 
direct final rule published in the ``Rules and Regulations'' section of 
this Federal Register. For further supplementary information, the 
detailed rationale for the proposal and the regulatory revisions, see 
the direct final rule published in a separate part of this Federal 
Register.

II. Does This Action Apply to Me?

    Categories and entities potentially regulated by this action 
include:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category              NAICS code \1\           entities
------------------------------------------------------------------------
Industry.....................              334513  Manufacturer,
                                           541380   supplier,
                                                    distributor, or
                                                    vendor of ambient
                                                    air monitoring
                                                    instruments;
                                                    analytical
                                                    laboratories or
                                                    other monitoring
                                                    organizations that
                                                    elect to submit an
                                                    application for a
                                                    reference or
                                                    equivalent method
                                                    determination under
                                                    40 CFR part 53.
Federal Government...........              924110  Federal agencies
                                                    (that conduct
                                                    ambient air
                                                    monitoring similar
                                                    to that conducted by
                                                    States under 40 CFR
                                                    part 58 and that
                                                    wish EPA to use
                                                    their monitoring
                                                    data in the same
                                                    manner as State
                                                    data) or that elect
                                                    to submit an
                                                    application for a
                                                    reference or
                                                    equivalent method
                                                    determination under
                                                    40 CFR part 53.
State/territorial/local/                   924110  State, territorial,
 tribal government.                                 and local air
                                                    quality management
                                                    programs that are
                                                    responsible for
                                                    ambient air
                                                    monitoring under 40
                                                    CFR part 58 or that
                                                    elect to submit an
                                                    application for a
                                                    reference or
                                                    equivalent method
                                                    determination under
                                                    40 CFR part 53 or
                                                    for an approved
                                                    regional method
                                                    approved under 40
                                                    CFR part 58 appendix
                                                    C. The proposal also
                                                    may affect Tribes
                                                    that conduct ambient
                                                    air monitoring
                                                    similar to that
                                                    conducted by States
                                                    and that wish EPA to
                                                    use their monitoring
                                                    data in the same
                                                    manner as State
                                                    monitoring data.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility or Federal, State, local, tribal, or territorial agency 
is regulated by this action, you should carefully examine the 
requirements for reference or equivalent method determinations in 40 
CFR part 53, subpart A (General Provisions) and the applicability 
criteria in 40 CFR 51.1 of EPA's requirements for State implementation 
plans. If you have questions regarding the applicability of this action 
to a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action'' because it may raise 
novel legal policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order. Accordingly, EPA submitted this action to the Office of 
Management and Budget (OMB) for review under Executive Order 12866 and 
any changes made in response to OMB recommendations have been 
documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any new information collection, as it 
only corrects printing errors, provides clarifications, and provides 
new flexibility for PM 10 monitoring on a case-by-case 
basis. However, the OMB has previously approved the information 
collection requirements contained in the existing regulations for 40 
CFR part 53 and 40 CFR part 58 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 number 0940.20. A copy of the OMB approved 
Information Collection Request (ICR) may be obtained from Susan Auby, 
Collection

[[Page 32268]]

Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672. This action does not impose any new information collection burden 
beyond the already-approved ICR.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information. An agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA's regulations in 40 CFR 
are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute 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 organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business defined by 
the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    This proposed rule will not impose any requirements on small 
entities. None of the corrections and clarifications creates additional 
regulatory requirements on affected entities compared to those that 
were promulgated in the final rule that was published in the Federal 
Register on October 17, 2006. The proposed rule changes only correct 
printing errors, provide clarifications, and provide new flexibility 
for PM10 monitoring on a case-by-case basis.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any one year, because the changes being made are 
merely clarifications and corrections. Thus, today's rule is not 
subject to the requirements of sections 202 and 205 of the UMRA.
    The EPA has determined that this proposed rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. None of the proposed changes creates additional 
regulatory requirements on affected entities compared to those that 
were promulgated in the final rule that was published in the Federal 
Register on October 17, 2006. The proposed changes only correct 
printing errors, provide clarifications, and provide some new 
flexibility for PM10 monitoring on a case-by-case basis. 
Therefore, this proposed rule is not subject to the requirements of 
section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    This proposed rule does not have federalism implications because it 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. This is because the 
proposed changes being made only correct printing errors, provide 
clarifications, and provide some new flexibility for PM10 
monitoring on a case-by-case basis. Thus, Executive Order 13132 does 
not apply to this proposed rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal

[[Page 32269]]

implications.'' This proposed rule does not have tribal implications, 
as specified in Executive Order 13175. The EPA consulted with tribal 
officials early in the process of developing the October 17, 2006, rule 
to permit them to have meaningful and timely input into its 
development. Although tribal governments may elect to conduct ambient 
air monitoring, none of the proposed changes in today's rule apply 
directly to tribal governments. Thus, Executive Order 13175 does not 
apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62FR19885, April 23, 1997) applies to 
any rule that: (1) Is determined to be ``economically significant'' as 
defined under EO 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.
    EPA interprets EO 13045 as applying only to those regulatory 
actions that concern health or safety risks, such that the analysis 
required under section 5-501 of the EO has the potential to influence 
the regulation. This proposed rule is not subject to EO 13045 because 
it does not establish an environmental standard intended to mitigate 
health or safety risks.

H. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The rule merely proposed to amend the October 17, 2006, 
final monitoring rule (71 FR 61236) by correcting printing errors, 
providing clarifications, and providing some new flexibility for 
PM10 monitoring on a case-by-case basis.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not a ``significant energy action'' as 
defined in Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use'' (66 FR 28355, 
May 22, 2001) because it is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. No significant 
change in the use of energy is expected because the total number of 
monitors for ambient air quality measurements will not increase above 
present levels. Further, we have concluded that this rule is not likely 
to have any adverse energy effects.

J. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 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 action does not involve technical standards, other than to 
make corrections and clarifications. Therefore, EPA did not consider 
the use of any voluntary consensus standards.

List of Subjects in 40 CFR Parts 53 and 58

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: April 30, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. 07-2237 Filed 6-11-07; 8:45 am]
BILLING CODE 6560-50-P