[Federal Register Volume 64, Number 77 (Thursday, April 22, 1999)]
[Rules and Regulations]
[Pages 19717-19719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9593]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[AD-FRL-6326-5]
RIN 2060-AI48
Revisions to Reference Method for the Determination of Fine
Particulate Matter as PM2.5 in the Atmosphere
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: A new national network of fine particulate monitors is being
established over the next two years. In order to assure that monitoring
data are of the highest quality and are comparable both within and
between air monitoring agencies, many specific design and performance
requirements were detailed in 40 CFR part 50, appendix L. Other
requirements were set forth in documents such as section 2.12 of the
``Quality Assurance Handbook for Air Pollution Measurement Systems,
Volume II, Ambient Air Specific Methods,'' EPA/600/R-94/038b.
This direct final action revises two requirements for measurement
of fine particulates in 40 CFR part 50. For transport of exposed
filters from the sample location to the conditioning environment, 40
CFR part 50 will no longer specify that the protective shipping
container be made of metal. For verification of sampler flow rate, 40
CFR part 50 will now specify that new calibrations shall be performed
if the reading of the sampler's flow rate indicator or measurement
device differs by more than 4 percent or more from the flow
rate measured by the flow rate standard. The flow rate verification
tolerance was previously set at 2 percent.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to revise two requirements for
measurement of fine particulate in 40 CFR part 50 should adverse
comments be filed.
DATES: This rule is effective on June 21, 1999 unless the Agency
receives adverse comments by May 24, 1999. Should the Agency receive
such comments, it will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect. If
adverse comments are timely received on an amendment, paragraph, or
section of this rule and that provision may be addressed separately
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of adverse comment, effective on
June 21, 1999.
ADDRESSES: Comments should be submitted (in duplicate, if possible) to:
Air Docket (A-95-54), US Environmental Protection Agency, Attn: Docket
No. A-95-54, 401 M Street, SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Tim Hanley, Emissions, Monitoring, and
Analysis Division (MD-14), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, Telephone: (919) 541-4417, e-mail:
hanley.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Authority
Sections 110, 301(a), and 319 of the Clean Air Act as amended 42
U.S.C. 7409, and 7601(a).
II. Background
A new national network of fine particulate monitors is being
established over the next two years. In order to assure that monitoring
data are of the highest quality and are comparable both within and
between air monitoring agencies, many specific design and performance
requirements were detailed in 40 CFR part 50, appendix L. Other
requirements were set forth in documents such as section 2.12 of the
``Quality Assurance Handbook for Air Pollution Measurement Systems,
Volume II, Ambient Air Specific Methods,'' EPA/600/R-94/038b.
One design requirement detailed in 40 CFR part 50, appendix L, is
the use of a protective metal container for transporting filter
cassettes from
[[Page 19718]]
monitoring sites to the conditioning environment. (Sample filters are
weighed before and after sample collection. To help assure that any
post-sampling weight gain is due to PM2.5, sample filters
must be ``conditioned'' at the same moisture and temperature conditions
prior to weighing.) 40 CFR part 50, appendix L, section 10.10, second
sentence, reads: ``This protective container shall be made of metal and
contain no loose material that could be transferred to the filter.''
The EPA believes that the requirement of a metal container should not
be mandated and container selection should be based on performance, not
design. What is important is not that the container be made of metal
but that it not contain loose material that could be transferred to the
filter. So, this direct final rule eliminates the requirement for metal
containers and leaves in place the requirement that the containers not
contain loose material that could be transferred to the filter.
To help assure that a sampler's collection of fine particles is
acceptable for its intended use, 40 CFR part 50 requires that specific
air flow rates be maintained and verified. Section 9.2.5 of appendix L,
40 CFR part 50 states ``If during a flow rate verification the reading
of the sampler's flow rate indicator or measurement device differs by
+/-2 percent or more from the flow rate measured by the flow rate
standard, a new multi-point calibration shall be performed and the flow
rate verification must then be repeated.'' The EPA believes that while
flow rate is a critical parameter whose accuracy must be controlled,
having too tight a control limit on verifications may result in
unnecessary field calibrations. This is due to the expectation that
flow rate verifications will be performed in the field on a schedule
detailed in the ``Quality Assurance Handbook for Air Pollution
Measurement Systems, Volume II, Ambient Air Specific Methods,'' EPA/
600/R-94/038b. Since conditions in the field will always be less
controllable than in a laboratory, a more relaxed tolerance for
verification of the flow rate will be set at +/-4 percent.
III. Administrative Requirements Section
A. 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 Office of Management and Budget (OMB) review
and to 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, State and local 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 or 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 action is not a ``significant
regulatory action'' under the terms of the Executive Order 12866 and is
therefore not subject to formal OMB review.
B. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
In compliance with Executive Order 12875, the Agency involved
State, local, and Federal governments in the development of this rule.
These governments are not directly impacted by the rule; i.e., they are
not required to purchase control systems to meet the requirements of
the rule. However, they will be required to implement the rule.
Representatives of State environmental agencies have been members of
the EPA work group developing this rule. The comments and suggestions
of State agency staffs have been carefully considered in the rule
development. In addition, all States had opportunity to comment on the
proposed rule during the public comment period and the EPA fully
considered these comments in the final rulemaking.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is
``economically significant,'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This direct final rule is not subject to Executive Order 13045
because it is not an economically significant regulatory action as
defined by Executive Order 12866, and it does not address an
environmental health or safety risk that would have a disproportionate
effect on children.
D. Executive Order 13084
Under Executive Order 13084 entitled ``Consultation and
Coordination with Indian Tribal Governments,'' EPA may not issue a
regulation that is not required by statute, that significantly or
uniquely affects the communities of Indian tribal governments, and that
imposes substantial direct compliance costs on those communities,
unless the Federal governments, or EPA consults with those governments.
If EPA complies by consulting, Executive Order 13084 requires EPA to
provide to the Office of Management and Budget, in a separately
identified section of the preamble to the rule, a description of the
extent of EPA's prior concerns, and a statement supporting the need to
issue the regulation. In addition, Executive Order 13084 requires EPA
to develop an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaninful and
timely input in the development of regulatory policies on matters that
significantly or uniquely affect their communities.'' Today's rule does
not create a mandate on State, local or tribal governments. The rule
does not impose any enforceable duties on these entities. Accordingly,
the requirements
[[Page 19719]]
of section 3(b) of Executive Order 13084 do not apply to this rule.
E. Paperwork Reduction Act
Today's action does not impose any new information collection
burden. This action revises the part 50 air monitoring regulations for
particulate matter to allow for flexibility in the type of containers
used and a reduction in unnecessary flow rate calibrations. The Office
of Management and Budget (OMB) has previously approved the information
collection requirements in the part 50 regulation under the provisions
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2060-0084 (EPA ICR No. 0940.13 and revised by
0940.14).
F. Impact on Small Entities
The Regulatory Flexibility Act generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions
whose jurisdictions are less than 50,000 people. This final rule will
not have a significant impact on a substantial number of small entities
because it does not impact small entities whose jurisdictions cover
less than 50,000 people. Pursuant to the provision of 5 U.S.C. 605(b),
I certify that this action will not have a significant economic impact
on a substantial number of small entities.
Since this modification is classified as minor, no additional
reviews are required.
G. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final standards that include a Federal mandate that may result in
estimated costs to State, local, or tribal governments, or to the
private sector, of, in the aggregate, $100 million or more. Under
section 205, the EPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the standard and
is consistent with statutory requirements. Section 203 requires EPA to
establish a plan for informing and advising any small governments that
may be significantly or uniquely impacted by the standards. The EPA has
determined that this action does not include a Federal mandate that may
result in estimated costs of $100 million or more to either State,
local, or tribal governments. Therefore, the requirements of the
Unfunded Mandates Act of 1995 do not apply to this action.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This rulemaking involves technical standards. Therefore, the Agency
conducted a search to identify potentially applicable voluntary
consensus standards. The search was performed by querying the National
Resource for Global Standards Database available on the world wide web
at www.nssn.org. This database, maintained by the American National
Standards Institute, is a comprehensive data network for national,
foreign, regional and international standards and regulatory documents.
The search did not identify any voluntary consensus standard that
referenced the required use of metal containers or specific flow rate
tolerances in standards applicable to particulate matter. Therefore,
EPA intends to use the technical standards proposed herein.
I. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 50
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Quality assurance
requirements, Ambient air quality monitoring network.
Dated: April 9, 1999.
Carol M. Browner,
Administrator.
* * * * *
For the reasons set forth in the preamble, title 40, chapter I,
part 50 of the Code of Federal Regulations is amended as follows:
PART 50--[AMENDED]
1. The authority citation for part 50 continues to read as follows:
Authority: 42 U.S.C. 7410, 7601(a), 7613, 7619.
2. Appendix L is amended by revising section 9.2.5 to read as
follows:
Appendix L to Part 50--Reference Method for the Determination of
Fine Particulate Matter as PM2.5 in the Atmosphere
9.2.5 If during a flow rate verification the reading of the
sampler's flow rate indicator or measurement device differs by
4 percent or more from the flow rate measured by the flow
rate standard, a new multipoint calibration shall be performed and the
flow rate verification must then be repeated.
3. Appendix L is further amended by revising the second sentence of
section 10.10 to read as follows:
10.10 * * * The protective container shall contain no loose
material that could be transferred to the filter. * * *
[FR Doc. 99-9593 Filed 4-21-99; 8:45 am]
BILLING CODE 6560-50-P
