[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19642]
[[Page Unknown]]
[Federal Register: August 12, 1994]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 58
Ambient Air Quality Surveillance Regulations; Final Rule
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 58
[AD-FRL-4691-5]
Ambient Air Quality Surveillance Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This final rule revises the EPA's ambient air quality
surveillance regulations to take into account recent changes and
developments in the overall management of ambient air quality data and
to reflect current operating practices of State and local agencies. The
revisions to the Ambient Air Quality Surveillance Regulations change
the data reporting requirements for State and Local Air Monitoring
Stations (SLAMS) and National Air Monitoring Stations (NAMS). The
changes affect the number of monitoring sites required to submit air
quality data to the Aerometric Information Retrieval System (AIRS) and
the timing for such data submittals. The data from both the current
SLAMS and NAMS monitors will be submitted on a quarterly basis within
90 days after the end of the calendar quarter. In addition, the
revisions replace technical references to the former Storage and
Retrieval of Aerometric Data (SAROAD) data base with references to the
AIRS. Various technical revisions update the regulations to reflect
organizational changes. These revisions reflect current practices of
most State and local agencies and should expedite data access with the
AIRS data base for air quality planning and decision making.
EFFECTIVE DATE: These regulations take effect on October 1, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. David Lutz (MD-14), Technical
Support Division, U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711, phone: (919) 541-5476.
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act, as amended in 1990 (Act), requires that States
establish an air quality monitoring system as part of their State
implementation plan (SIP), and that EPA establish a supplemental
monitoring system throughout the United States (sections 110(a)(2) and
319 of the Act). These State and national air quality monitoring
systems provide the critical information for purposes of defining
``nonattainment'' with the National Ambient Air Quality Standards
(NAAQS), evaluating progress towards achievement of the NAAQS pursuant
to SIP's, and reporting air quality data to EPA to document the status
and trends of the Nation's air quality. In the discharge of these and
other responsibilities, EPA needs to have timely access to valid and
complete ambient air quality data as obtained by State and local air
pollution control agencies. The current regulations require that State
and local agencies submit air quality data from certain designated
sites (NAMS) to EPA within 120 days after the end of each calendar
quarter. The data from other SLAMS (about 70 percent of the sites are
SLAMS) were exempted from the quarterly reporting requirement and were
required to be submitted in an annual report to the Administrator
through the appropriate EPA Regional Office. Therefore, Part 58
includes two separate data processing and reporting requirements, a
situation which States have found to be both inefficient and
undesirable from a quality assurance standpoint. Consequently, most
States have developed operational practices to process and report all
ambient air quality data to EPA using one system. The EPA's revisions
to part 58 are consistent with this general practice.
The EPA has now completed the development of a new comprehensive
air quality data system. The Air Quality Subsystem (AQS) of the AIRS
has replaced the former SAROAD data bank. The AIRS is a significant
enhancement to the national monitoring program and results in improved
efficiency at the State and local levels by allowing those agencies to
directly input air quality data to AQS, thereby eliminating the need
for additional data processing by the EPA Regional Offices. Most State
and local personnel have already been trained in the use of the AIRS
system and can now directly input their air quality data. This major
enhancement, along with the development of electronic transfer and
processing of air quality data, reduces the amount of time needed by
State and local agencies to submit air quality data to the AIRS.
Consequently, these revisions to part 58 change the data reporting
requirements for two reasons: (1) To provide uniform quarterly
reporting requirements for both NAMS and SLAMS, and (2) to shorten the
data reporting time requirements from 120 days after the end of the
calendar quarter to 90 days.
These regulations deal with changes to the ambient air quality
monitoring, data reporting, and surveillance requirements of 40 CFR
part 58. These changes are needed based on the developments outlined
above and are required to reflect the implementation of AIRS. This will
assure that high quality ambient air data are available to EPA on a
more timely basis. The EPA's need for timely air data is due to various
requirements of the Act, such as timely designations of attainment
status and timely preparation and publication of annual reports, along
with EPA's general need for consistent and timely access to ambient air
quality data in AIRS within a reasonable timeframe after its
collection. For example, under the old regulations, EPA may not have
received SLAMS air quality data collected on January 1 of a given year
until July 1 of the following year. Clearly the need exists to shorten
this timeframe.
Shorter reporting times are now feasible using readily available
data processing equipment and standard operating procedures for data
processing. Most State agencies already meet the 90-day data reporting
timeframe required in these revisions. Earlier access to air quality
data will allow EPA to be more responsive to the requirements of the
amended Act and to the Nation's overall air quality program.
Also, the EPA estimates the additional burden associated with this
rule in reporting the data on a quarterly basis versus summary
statistics on a yearly basis is 11,000 hours. This represents an
average of 50 hours per respondent (55 States and/or Territories) per
quarter. Further discussion of the estimate of this burden is included
in a following section on the Paperwork Reduction Act.
These regulations also include several minor technical
modifications to reflect changes in organizations, contacts, and
references that have occurred since the last revisions to part 58 in
1986.
II. Revisions to Part 58--Ambient Air Quality Surveillance
A. Section 58.1 Definitions
These regulations amend the definitions section by adding a
definition for the new AIRS. The Agency has completed major
enhancements to the new AIRS data base, which replaces the former
SAROAD data base for ambient air quality data. These regulations will
reflect this important program change by defining AIRS and replacing
the technical references to SAROAD with references to AIRS. The
definition of the SAROAD system would be maintained within this section
because several organizations will continue to use certain parts of the
SAROAD system as an interim interface with the new AIRS data base. No
responder objected to adding the definition of AIRS to this section.
B. Section 58.26 Annual SLAMS Summary Report
No regulatory changes were proposed for this existing requirement.
However, comments and suggestions were solicited on whether this annual
report would be necessary or whether any changes would be needed to
this section to eliminate any redundancy in reporting requirements. The
consensus of the comments received on this issue support deletion of
the requirement for the hard copy form of the report but retention of
the annual certification. Therefore, the current rule continues to
require the annual summary report, but future revisions to these
regulations may modify the format of this certification.
C. Section 58.28 SLAMS Data Submittal
The EPA had solicited comments on the need to require submission of
the SLAMS raw air quality data on a quarterly basis. Four responders
concurred with the proposal and there were no negative comments to the
proposal.
These regulations require that all data from the SLAMS be submitted
to AIRS under the same data reporting requirements as those for the
NAMS. These regulatory changes reflect the actual operational practices
of the majority of State and local agencies. For data processing
purposes, EPA believes it is both inefficient and technically
undesirable to maintain different reporting requirements for NAMS and
SLAMS monitoring data.
D. Section 58.35 NAMS Data Submittal
The previous monitoring regulations specify that all NAMS data be
submitted in quarterly reports to the EPA Administrator (through the
appropriate Regional Office) within 120 days of the end of each
reporting period. The proposed regulations would have changed the data
submittal requirement for NAMS to 60 days after the end of the calendar
quarter for gaseous pollutants and 90 days for particulate and lead
data. Four responders agreed with the 60/90 data submittal requirement,
one responder recommended a compromise of 75 days for all pollutants,
one responder recommended 75/90 days, two responders recommended 90
days, six responders recommended keeping the requirement at 120 days,
and two responders recommended a 2-year transition period to phase in
the 60/90-day requirement.
These regulations modify the existing data reporting requirements
for sites designated as NAMS and now also include the SLAMS as
discussed above. The new requirement changes the existing data
submittal for NAMS from 120 days after the end of the calendar quarter
to a requirement whereby data for sulfur dioxide (SO2), carbon
monoxide (CO), ozone (O3), nitrogen oxides (NO2), lead (Pb),
and particles with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM-10) from both NAMS and SLAMS will be
submitted 90 days after the end of the calendar quarter.
Also, the requirement that the State report the air quality data
through the appropriate EPA Regional Office is changed to reflect the
current practice of submitting data directly to the Administrator
(i.e., into AIRS) from the State and local air pollution control
agencies.
E. Part 58, Appendix A ``Quality Assurance Requirements for State and
Local Air Monitoring Stations (SLAMS)''
The revisions proposed to change section 4.1 of Appendix A to
require that precision and accuracy data be submitted to AIRS under the
same data reporting requirements as proposed for NAMS in Sec. 58.35.
One responder recommended the precision and accuracy data be submitted
75 days after the end of the calendar quarter, two responders
recommended 90 days, three responders recommended 120 days, and one
recommended the schedule be the same as for the SLAMS data.
The precision and accuracy data reporting requirement is changed
from 120 to 90 days after the end of the calendar quarter. These
revisions also would delete the forms for reporting precision and
accuracy data in SAROAD format, along with the coding instructions for
these forms. Procedures have been developed to input these data
directly into AIRS along with the air quality data, and these forms
will no longer be used.
1. Impact on Small Entities
The Regulatory Flexibility Act requires that all Federal agencies
consider the impacts of final regulations on small entities, which are
defined to be small businesses, small organizations, and small
governmental jurisdictions (5 U.S.C. 601 et seq.). The EPA's
consideration, pursuant to this Act, indicates that no small entity
group would be significantly affected because no small entities are
subject to the rule.
2. Paperwork Reduction Act
The information collection requirements in this rule have been
approved by the Office of Management and Budget (OMB) under the
``Paperwork Reduction Act,'' 44 U.S.C. 3501 et seq. They will amend the
Information Collection Request for Ambient Air Quality Networks, which
has been approved under OMB Control No. 2060-0084.
The EPA has estimated the additional burden associated with this
rule in reporting the data on a quarterly basis versus summary
statistics on a yearly basis to be 11,000 hours. This includes an
average of 50 hours per respondent (55 States and/or Territories) per
quarter. This burden includes the editing, resolution of anomalies, and
the updating of information on site location and environment. This
estimate does not include the burden for reading the instructions,
planning for report preparation, creating the information, or making
electronic transmittal of data because these items were included in the
previous labor estimate for the NAMS. It is also assumed that the State
agencies are either AIRS users or operate storage and retrieval systems
which allow automated submissions of data on a quarterly basis. The
burdens for editing and anomaly resolution and for maintaining site
information are assumed to be proportional to comparable functions for
AIRS.
3. Other Reviews
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 OMB review and 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, or State, local, or tribal 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 of 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 rule is not a ``signficant
regulatory action'' under the terms of Executive Order 12866 and is,
therefore, not subject to OMB review.
List of Subjects in 40 CFR Part 58
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Quality assurance requirements, Ambient air
quality monitoring network.
Statutory Authority
The statutory authorities for today's final rule are Secs. 110,
301(a), and 319, Clean Air Act as amended, 42 U.S.C. 7410, 7101(a), and
7619.
Dated: August 4, 1994.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, part 58 of chapter I of
title 40 of the Code of Federal Regulations is amended as follows:
PART 58--AMBIENT AIR QUALITY SURVEILLANCE
1. The authority citation for part 58 is revised to read as
follows:
Authority: Sections 110, 301(a), and 319 of the Clean Air Act as
amended (42 U.S.C. 7410, 7601(a), and 7619).
2. Section 58.1 is amended by redesignating paragraphs (p) through
(y) as (q) through (z), and by adding a new paragraph (p) and revising
the newly designated paragraph (q) to read as follows:
Sec. 58.1 Definitions.
* * * * *
(p) Aerometric Information Retrieval System (AIRS)-Air Quality
Subsystem (AQS) is EPA's computerized system for storing and reporting
of information relating to ambient air quality data.
(q) Storage and Retrieval of Aerometric Data (SAROAD) system is a
computerized system which stores and reports information relating to
ambient air quality. The SAROAD system has been replaced with the AIRS-
AQS system; however, the SAROAD data reporting format continues to be
used by some States and local air pollution agencies as an interface to
AIRS on an interim basis.
* * * * *
3. Section 58.28 is revised to read as follows:
Sec. 58.28 SLAMS data submittal.
The State shall submit all of the SLAMS data according to the same
data submittal requirements as defined for NAMS in section 58.35. The
State shall also submit any portion or all of the SLAMS data to the
appropriate Regional Administrator upon request.
4. Section 58.35 is revised to read as follows:
Sec. 58.35 NAMS data submittal.
(a) The requirements of this section apply to those stations
designated as both SLAMS and NAMS by the network description required
by Secs. 58.20 and 58.30.
(b) The State shall report to the Administrator all ambient air
quality data for SO2, CO, O3, NO2, Pb, and PM-10 and
information specified by the AIRS Users Guide (Volume II, Air Quality
Data Coding, and Volume III, Air Quality Data Storage) to be coded into
the AIRS-AQS format. Such air quality data and information must be
submitted directly to the AIRS-AQS via either electronic transmission
or magnetic tape, in the format of the AIRS-AQS, and in accordance with
the quarterly schedule described in paragraph (c) of this section.
(c) The specific quarterly reporting periods are January 1-March
31, April 1-June 30, July 1-September 30, and October 1-December 31.
The data and information reported for each reporting period must:
(1) Contain all data and information gathered during the reporting
period.
(2) Be received in the AIRS-AQS within 90 days after the end of the
quarterly reporting period. For example, the data for the reporting
period January 1-March 31, 1994 are due on or before June 30, 1994.
(d) Air quality data submitted for each reporting period must be
edited, validated, and entered into the AIRS-AQS for updating (within
the time limits specified in paragraph (c) of this section) pursuant to
appropriate AIRS-AQS procedures. The procedures for editing and
validating data are described in the AIRS Users Guide, Volume II Air
Quality Data Coding.
(e) This section does not permit a State to exempt those SLAMS
which are also designated as NAMS from all or any of the reporting
requirements applicable to SLAMS in Section 58.26.
5. Sections 58.20, 58.23, 58.31, 58.34, and Appendices A and D are
amended by revising the acronym ``SAROAD'' to read ``AIRS'' in the
following places:
a. Section 58.20(e)(1), and (e)(6)(i);
b. Section 58.23(a);
c. Section 58.31(a) and 58.31(g)(1);
d. Section 58.34(a);
e. Appendix A, Section 4; and
f. Appendix D, Section 2.5, last paragraph.
6. In Appendix A, section 4.1 is revised to read as follows:
Appendix A--Quality Assurance Requirements for State and Local Air
Monitoring Stations (SLAMS)
* * * * *
4.1 Quarterly Reports. For each quarter, each reporting
organization shall report to AIRS-AQS directly (or via the appropriate
EPA Regional Office for organizations not direct users of AIRS) the
results of all valid precision and accuracy tests it has carried out
during the quarter. The quarterly reports of precision and accuracy
data must be submitted consistent with the data reporting requirements
specified for air quality data as set forth in Sec. 58.35(c). Each
organization shall report all collocated measurements including those
falling below the levels specified in section 5.3.1. Do not report
results from invalid tests, from tests carried out during a time period
for which ambient data immediately prior or subsequent to the tests
were invalidated for appropriate reasons, or from tests of methods or
analyzers not approved for use in SLAMS monitoring networks under
Appendix C of this part.
* * * * *
7. Appendix A is amended by removing section 4.3, including Figure
A-1 (for reporting accuracy data), and Figure A-2 (for reporting
precision data). Appendix A is also amended following Table A-1 by
removing the two data quality assessment reporting forms and the table
labeled ``Information to be Contained on the Back of the Data Reporting
Forms''.
8. Appendices A, B, and C are amended by revising the words
``Environmental Monitoring Systems Laboratory'' to read ``Atmospheric
Research and Exposure Assessment Laboratory'' in the following places:
a. Appendix A, Sections 2.3.1 and 2.4;
b. Appendix A, Section 4;
c. Appendix A, References 2 and 3;
d. Appendix B, Section 2.3.1;
e. Appendix B, References 2, 3, 6, and 7; and
f. Appendix C, Section 2.7.1.
9. Appendices A and B are amended by revising the acronym ``EMSL''
to read ``AREAL'' in the following places:
a. Appendix A, Section 4;
b. Appendix A, Section 4.1;
c. Appendix B, Section 2.4.
10. Appendix D, Section 3.2 is amended by revising the acronym
``OANR'' to read ``Office of Air and Radiation (OAR).''
11. Appendix F is amended by revising the acronym ``SAROAD'' to
read ``AIRS-AQS'' in the following places:
a. 2.1.1 (two places);
b. 2.2.1;
c. 2.3.1 (two places);
d. 2.4.1 (two places);
e. 2.5.1 (two places);
f. 2.6.1 (two places); and
g. 2.7.1.
12. Section 58.1, Appendix A and Appendix B are amended by revising
the words ``National Bureau of Standards'' to read ``National Institute
of Standards and Technology'' in the following places:
a. Newly redesignated section 58.1(s);
b. Appendix A, Section 2.3.1; and
c. Appendix B, Section 2.3.1.
13. Section 58.1, Appendix A and Appendix B are amended by revising
the acronym ``NBS'' to read ``NIST'' in the following places:
a. Newly redesignated section 58.1(s) (2 places);
b. Appendix A, Section 2.3.1 (3 places);
c. Appendix A, Section 3.2;
d. Appendix B, Section 2.3 (3 places); and
e. Appendix B, Section 3.2.
[FR Doc. 94-19642 Filed 8-11-94; 8:45 am]
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