135 of 135 Complete Record 00514890 Ambient Air Quality Surveillance Regulations Vol. 59,No. 155 Part III 59 FR 41626 Friday, August 12, 1994 AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA) DOC TYPE: Rules and Regulations CFR: 40 CFR Part 58 NUMBER: AD-FRL-4691-5 DATES: EFFECTIVE DATE: These regulations take effect on October 1, 1994. CONTACT: 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. ACTION: ACTION: Final rule. SUMMARY: 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. WORD COUNT: 3,936 TEXT: 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 {pg 41627} 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 (SO sub 2), carbon monoxide (CO), ozone (O sub 3), nitrogen oxides (NO sub 2), 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" {pg 41628} 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 SO sub 2, CO, O sub 3, NO sub 2, 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; {pg 41629} 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. INTERNAL DATA: FR Doc. 94-19642; Filed 8-11-94; 8:45 am; BILLING CODE 6560-50-P