9 of 9 Complete Record DIALOG Accession Number 00448237 Title Modification of the Ozone Monitoring Season; Michigan Vol. 57,No. 188 57 FR 44495 Monday September 28, 1992 ENVIRONMENTAL PROTECTION AGENCY Rules and Regulations 40 CFR Part 58 MI12-5586; FRL-4513-3 DATES: This action will be effective November 27, 1992 unless notice is received within 30 days that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published in theFederal Register . CONTACT: Camille Szematowicz, Air Toxics and Radiation Branch, Regulation Development Section, U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-6081. 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 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. ACTION: Final rule. 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 Michigan had been designated as April 1 through October 31. A review of monitoring data for the past 5 years revealed that high ozone concentrations do not occur during the month of October in Michigan. Therefore, pursuant to 40 CFR 58.13(a)(3), USEPA agreed with the State's request to modify its ozone season and has determined that Michigan is now subject to an April-September monitoring timeframe. The modified ozone season will apply to 1992 ozone monitoring data and future monitoring efforts unless otherwise revised. 754 TEXT: SUPPLEMENTARY INFORMATION: The State of Michigan monitors for ozone and submits data to AIRS as required to determine the air quality and attainment status of metropolitan areas, and to 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 Michigan season is listed as April through October. On February 28, 1992, the Michigan Department of Natural Resources (MDNR) requested that USEPA modify the State's current ozone season to the period April 1 through September 30. In order to support its position the State submitted 5 years of air monitoring data for the month of October. USEPA has reviewed the State's submittal in accordance with the Office of Air Quality Planning and Standards (OAQPS) document ''Guideline on Modification to Monitoring Seasons for Ozone'' (March 1990). Consistent with the guidelines, Michigan's air monitoring data indicates that for the five most recent years (1987-1991), there have been no recorded ozone concentrations above the 0.100 ppm guideline during the month of October. USEPA approved Michigan's request to eliminate the month of October from its official monitoring season, and as required by the above mentioned guidance document, OAQPS concurred on this approval on May 29, 1992. Valdas V. Adamkus, Regional Administrator, {pg 44496} Region 5, notified Robert P. Miller, Chief, Air Quality Division, MDNR, of USEPA's approval of Michigan's request on August 18, 1992. The USEPA has determined that this change to the ozone monitoring season in Michigan 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 August 18, 1992, the date of USEPA approval of the States's request. This action has been classified as a Table 3 action by the Regional Administrator under the procedures published in theFederal 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 2 years. USEPA has submitted a request for a permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has agreed to continue the temporary waiver until such time as it rules on USEPA's request. 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 November 27, 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: July 28, 1992. Robert Springer, Acting Regional Administrator. Title 40, part 58 of the Code of Federal Regulations is being amended as follows: PART 58- AMENDED 1. The authority citation for part 58 continues to read as follows: Authority: 42 U.S.C. 7410, 7601(a), 7613, 7619. Appendix D- Amended 2. In Appendix D; in the table in section 2.5, the entry for Michigan is revised to read as follows: Ozone Monitoring Season by State State Michigan Begin month April End month September. FR Doc. 92-23461; Filed 9-25-92; 8:45 am; BILLING CODE 6560-50-M