[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Proposed Rules]
[Pages 69036-69037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28259]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 58
[EPA-HQ-OAR-2008-0338; FRL-9223-6]
Notice of Data Availability Regarding Potential Changes to
Required Ozone Monitoring Seasons for Colorado, Kansas, and Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Data Availability (NODA).
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SUMMARY: The EPA is providing notice that it is supplementing the
record to the Proposed Rule--Ambient Ozone Monitoring Regulations:
Revisions to Network Design Requirements, published July 16, 2009. The
EPA has placed in the docket for the Proposed Rule--Ambient Ozone
Monitoring Regulations: Revisions to Network Design Requirements
(Docket ID No. EPA-HQ-OAR-2008-0338) additional ambient ozone
monitoring data for the period January 1, 2007, through April 30, 2010,
for the states of Colorado, Kansas, and Utah that cover time periods
outside of the current required ozone monitoring seasons. The data for
these states consist of daily maximum 8-hour ozone concentrations.
These data have become available since original analyses were completed
for the proposal, which relied on ambient data covering the period
2004-2006. EPA is specifically considering how these more recent data
could impact changes to the current and proposed required ozone
monitoring seasons for Colorado, Kansas, and Utah.
DATES: Comments must be received on or before December 10, 2010. Please
refer to SUPPLEMENTARY INFORMATION for additional information on
submitting comments.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0338, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments. Attention Docket ID No. EPA-HQ-
OAR-2008-0338.
Fax: (202) 566-1741.
Mail: EPA Docket Center, EPA West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2008-0338, U.S. Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include 2 copies.
Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, NW., Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2008-0338.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0338. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation
Docket and Information Center, EPA/DC, EPA East Building Room 3334,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: For questions regarding the additional
ambient ozone data, contact Lewis Weinstock, Air Quality Assessment
Division/Ambient Air Monitoring Group (C304-06), Research Triangle
Park, NC 27711; telephone number: 919-541-3661; fax number: 919-541-
1903; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Outline
1. What is the purpose for this action?
2. What information is EPA making available for review and comment?
3. How does this information relate to the Proposed Rule--Ambient
Ozone Monitoring Regulations: Revisions to Network Design
Requirements?
4. Where can I get this information?
5. What issue is EPA taking comment on?
6. What should I consider as I prepare my comments for EPA?
7. Submitting Confidential Business Information (CBI)
1. What is the purpose for this action?
This NODA provides for public review and comment on ambient ozone
monitoring data for the period January 1, 2007, through April 30, 2010,
for the states of Colorado, Kansas, and Utah.
2. What information is EPA making available for review and comment?
EPA is making available for review and comment ozone monitoring
data for the states of Colorado, Kansas, and Utah that were obtained
during the months outside of the current ozone monitoring seasons
required by 40 CFR part 58, Appendix D, Table D-3. The data include a
listing of days when ozone concentrations reached an 8-hour average
level of at least 0.060 parts per million (ppm) during the following
months: Colorado (January, February, October, November, December);
Kansas (January, February, March, November, December); and Utah
(January, February, March, April, October, November, December). These
data were obtained from EPA's Air Quality System (AQS) and represent
data from monitors
[[Page 69037]]
utilizing approved Federal Equivalent Methods.
3. How does this information relate to the Proposed Rule--Ambient Ozone
Monitoring Regulations: Revisions to Network Design Requirements?
On July 16, 2009, EPA published a proposed rule (74 FR 34525) to
revise the ozone monitoring network design requirements. EPA proposed
to modify minimum monitoring requirements in urban areas, add new
minimum monitoring requirements in non-urban areas, and to extend the
length of the required ozone monitoring season in some states.
In its proposal, EPA used ambient ozone monitoring data obtained
from monitors operating outside (i.e., before and after) the current
required ozone monitoring season to assess whether ambient ozone
concentrations could approach or exceed the level of the primary (8-
hour) National Ambient Air Quality Standards (NAAQS) during these
periods when monitoring is not currently required. EPA's analysis
utilized data for the period 2004-2006, representing data from
approximately 530 monitors which were operated on a year-round basis.
These data were analyzed for two indicators: (1) The number of
exceedences of the NAAQS (i.e., daily maximum 8-hour ozone averages
above 0.075 ppm) in the months falling outside the currently required
ozone monitoring season for each area, and (2) occurrences of daily
maximum 8-hour ozone averages of at least 0.060 ppm, representing a
value of 80 percent of the 0.075 ppm NAAQS. In the proposal, we noted
that the operation of ozone monitors during such periods of time when
ambient levels reach at least 80 percent of the NAAQS ensures that
persons unusually sensitive to ozone are alerted to the occurrence of
elevated ozone concentrations in their area, and protects against the
potential for undocumented NAAQS exceedances. The availability of these
additional data support many objectives including more comprehensive
real-time air quality reporting to the public, ozone forecasting
programs, and the verification of real-time air quality forecast
models.
As EPA completes revised analyses to support the upcoming ozone
monitoring final rule, certain patterns of out-of-season elevated 8-
hour average ozone concentrations, which were not recognizable during
2004-2006, have become apparent in newer data. These patterns include a
greater frequency of occurrences of daily maximum 8-hour ozone averages
of at least 0.060 ppm before and after the currently required ozone
monitoring seasons for the aforementioned states than was observed in
the 2004-2006 dataset. Accordingly, EPA is making these newer data
available for the specific states that have such patterns.
4. Where can I get this information?
All of the information can be obtained through the Air Docket and
at http://www.regulations.gov (see ADDRESSES section above for docket
contact information).
5. What issue is EPA taking comment on?
EPA requests comment on the interpretation of the newer ambient 8-
hour average ozone monitoring data for the states of Colorado, Kansas,
and Utah in the context of determining the final ozone monitoring
season requirements for these states. Specifically, do the patterns of
elevated 8-hour average ozone concentrations that occurred both before
and after the current required ozone monitoring seasons for these
states support the revised seasons proposed in the July 16, 2009,
rulemaking for these states? Do these patterns support alternative
required monitoring seasons different from what was proposed in the
July 16, 2009, rulemaking for these states? Issues for consideration
with regard to Colorado, Kansas, and Utah are whether the current ozone
season requirements should be maintained, whether the proposed changes
to seasons should be finalized as proposed or revised, and whether
changes should be made for these states that were not originally
proposed in the July 2009 rule.
6. What should I consider as I prepare my comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information or data you used that support
your views.
4. Provide specific examples to illustrate your concerns.
5. Offer alternatives.
6. Make sure to submit your comments by the comment period deadline
identified.
7. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
7. Submitting Confidential Business Information (CBI)
Do not submit information you are claiming as CBI to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part of the
information that you claim to be CBI. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2. For CBI information in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket.
List of Subjects in 40 CFR Part 58
Air pollution control, Environmental protection, Intergovernmental
relations, Reporting and recordkeeping requirements, Ambient air
monitoring.
Dated: November 3, 2010.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2010-28259 Filed 11-9-10; 8:45 am]
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