9 of 9 Complete Record 00422534 Modification of the Ozone Monitoring Season; Indiana Vol. 56,No. 237 56 FR 64482 Monday, December 10, 1991 AGENCY: ENVIRONMENTAL PROTECTION AGENCY DOC TYPE: Rules and Regulations CFR: 40 CFR Part 58 NUMBER: IN-13-1-5358; FRL-4038-6 DATES: This regulation is effective as of November 26, 1991. CONTACT: Patricia Morris, Regulation Development Section, U.S. Environmental Protection Agency, Region V, 230 S. Dearborn St., Chicago, Illinois 60604, (312) 353-8656 or (FTS) 353-8656. ADDRESS: Copies of the documents relevant to this action are available for public inspection during normal business hours at the following location: U.S. Environmental Protection Agency, Region V, Regulation Development Branch, 230 S. Dearborn Street, Chicago, Illinois 60604. ACTION: Final rule; notice of ozone monitoring season modification. SUMMARY: Ozone (O sub 3) is required to be monitored at National Air Monitoring Stations (NAMS) and State and Local Air Monitoring Stations (SLAMS) only during the ''ozone season'' as designated in the Aerometric Information Retrieval System (AIRS) files on a State by State basis. Previously, the ozone season for Indiana had been designated as April 1 through October 31. A review of historic monitoring data for Indiana and adjacent areas for the past 5 years revealed that during the month of October Indiana is not subject to high ozone concentrations. Therefore, pursuant to 40 CFR 58.13(a)(3), USEPA determined that Indiana is now subject to an April-September ozone monitoring timeframe. The modified ozone season will apply to 1991 ozone monitoring data and future monitoring efforts unless otherwise revised. WORD COUNT: 654 TEXT: SUPPLEMENTARY INFORMATION: Background The State of Indiana monitors for ozone and submits data to AIRS as required to determine the air quality and attainment status of metropolitan areas and recognize trends in air quality. 40 CFR 58.13(a)(3) provides that the Regional Administrator may exempt periods or seasons from consecutive hourly averages for continuous State and Local Air Monitoring Station (SLAMS) analyzers. Part 58 appendix D, lists the current ozone season on a state by state basis. The Indiana season is listed as April through October. On February 19, 1991, the Indiana Department of Environmental Management (IDEM) requested that USEPA modify the State's current ozone season to April 1 through September 30. After review of the historic monitoring data in AIRS for Indiana and adjacent areas, USEPA determined that ozone exceedances have not occurred during October and are not expected to occur during October. 40 CFR 58.32 states that the NAMS network is subject to the approval of the Administrator. On June 10, 1991, the USEPA's Office of Air Quality Planning and Standards concurred with Region V's request for a change to the NAMS sites. Valdes V. Adamkus, Regional Administrator, Region V, notified Kathy Prosser, Commissioner, IDEM, of USEPA's approval of these requests on November 26, 1991. The USEPA has determined that this change to the ozone monitoring season in Indiana complies with all applicable requirements of the Clean Air Act and USEPA policy and regulations concerning such revisions. Due to the minor nature of this revision, USEPA concluded that conducting notice and comment rulemaking prior to approving the revision would have been ''unnecessary and contrary to the public interest,'' and hence was not required by the Administrative Procedure Act, 5 U.S.C. 553(b). This action became final and effective on November 26, 1991, the date of USEPA approval of the State's request. This action has been classified as a Table 3 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214- 2225). On January 6, 1989, the Office of Management and Budget waived Table 2 and 3 State Implementation Plan (SIP) revisions (54 FR 2222) from the requirements of section 3 of Executive Order 12291 for a period of two years. Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 10, 1992. This action may not be challenged later in proceedings to enforce its requirements (see 307(b)(2)). List of Subjects in 40 CFR Part 58 Air pollution control, Intergovernmental relations. Dated: November 26, 1991. Ralph Bauer, Acting Regional Administrator. PART 58- AMENDED Title 40, part 58 of the Code of Federal Regulations is being amended as follows: 1. The authority citation for part 58 continues to read as follows: Authority: 42 U.S.C. 7410, 7601(a), 7613, 7619. Appendix D to Part 58- Amended 2. In Appendix D to part 58; in the table in 2.5, the entry for ''Indiana'' is revised to read as follows: Ozone Monitoring Season by State State Indiana Begin month April End month September. INTERNAL DATA: FR Doc. 91-29487; Filed 12-9-91; 8:45 am; BILLING CODE 6560-50-M