Rule2025-00946
Reference Measurement Principle and Calibration Procedure for the Measurement of Ozone in the Atmosphere (Chemiluminescence Method); Correction
Primary source
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Published
January 16, 2025
Effective
January 16, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is correcting a final rule published in the Federal Register on October 12, 2023, that became effective on November 13, 2023. The final rule updated the current ozone absorption cross-section to the recommended consensus- based value of 1.1329x10<SUP>-17</SUP> cm\2\ molecule<SUP>-1</SUP> or 304.39 atm<SUP>-1</SUP> cm<SUP>-1</SUP>. After publication, the EPA became aware of an error in the preamble text regarding the date for State, local, and Tribal monitoring agencies to complete implementation of the new ozone cross-section value, as well as a lack of clarity as to which entities the 2025 and 2026 implementation dates apply. With this action, the EPA is updating the final rule preamble and regulatory text to clarify the applicable implementation dates and the specific entities to which they apply. These corrections do not include any substantive changes to the final rule.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4649-4651]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00946]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[EPA-HQ-OAR-2022-0007; FRL 9344.1-01-OAR]
RIN 2060-AV63
Reference Measurement Principle and Calibration Procedure for the
Measurement of Ozone in the Atmosphere (Chemiluminescence Method);
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction and correcting amendment.
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SUMMARY: The Environmental Protection Agency (EPA) is correcting a
final rule published in the Federal Register on October 12, 2023, that
became effective on November 13, 2023. The final rule updated the
current ozone absorption cross-section to the recommended consensus-
based value of 1.1329x10<SUP>-17</SUP> cm\2\ molecule<SUP>-1</SUP> or
304.39 atm<SUP>-1</SUP> cm<SUP>-1</SUP>. After publication, the EPA
became aware of an error in the preamble text regarding the date for
State, local, and Tribal monitoring agencies to complete implementation
of the new ozone cross-section value, as well as a lack of clarity as
to which entities the 2025 and 2026 implementation dates apply. With
this action, the EPA is updating the final rule preamble and regulatory
text to clarify the applicable implementation dates and the specific
entities to which they apply. These corrections do not include any
substantive changes to the final rule.
DATES: This final rule is effective on January 16, 2025.
ADDRESSES: The EPA has established a docket for the final rule under
Docket ID No. EPA-HQ-OAR-2022-0007. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Melinda Beaver, Air Quality Assessment
Division (C304-06), Environmental Protection Agency, 109 T.W. Alexander
Drive, P.O. Box 12055, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-1062; email address: <a href="/cdn-cgi/l/email-protection#a6c4c3c7d0c3d488cbc3cacfc8c2c7e6c3d6c788c1c9d0"><span class="__cf_email__" data-cfemail="2d4f484c5b485f034048414443494c6d485d4c034a425b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
Correction to Preamble of October 12, 2023 Final Rule
In the final rule preamble, the EPA incorrectly stated that State,
local, and Tribal monitoring agencies will complete cross-section
implementation by January 1, 2026. The cross-section will begin
implementation at the highest level of the calibration hierarchy, the
Standard Reference Photometer (SRP), on January 1, 2025. Because of the
time needed to fully implement the cross-section across the national
traceability hierarchy for the calibration of the ozone monitoring
network, the State, local, and Tribal monitoring agencies are not
expected to complete implementation of the cross-section at the monitor
level by January 1, 2026; instead, the EPA expects the cross-section
implementation will be complete throughout the traceability hierarchy
by December 31, 2026.
Also, the accompanying regulatory text in section 2.2 of appendix D
to part 50 is inconsistent with the preamble
[[Page 4650]]
language that was published in the final rule in that it does not
specify to which parties the implementation dates apply. The EPA is
correcting both the preamble language and regulatory text in section
2.2 of appendix D to part 50 for consistency.
Correcting Amendments to 40 CFR Part 50 Appendix D
To be consistent with the preamble correction, section 2.2 in
appendix D to part 50 is also revised.
II. Rulemaking Procedures
Section 553(b)(B) of the Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an agency for good cause finds
that public notice and comment procedures are impracticable,
unnecessary, or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
The EPA has determined that there is good cause for making this
correction final without prior proposal. In this instance, notice and
opportunity for comment is unnecessary because the corrections merely
conform the expected implementation dates in the regulatory text to the
preamble and clarify the entities to which these dates apply.
Therefore, these minor, non-substantive technical corrections do not
warrant public comment.
Moreover, the EPA has determined that there is good cause for
making this final rule effective less than 30 days after publication in
the Federal Register. Section 553(d)(3) of the APA, 5 U.S.C. 553(d)(3),
provides that final rules shall not become effective until 30 days
after publication in the Federal Register ``except . . . as otherwise
provided by the agency for good cause found and published with the
rule.'' ``In determining whether good cause exists, an agency should
`balance the necessity for immediate implementation against principles
of fundamental fairness which require that all affected persons be
afforded a reasonable amount of time to prepare for the effective date
of its ruling.'' Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620,
630 (D.C. Cir. 1996) (quoting United States v. Gavrilovic, 551 F.2d
1099, 1105 (8th Cir. 1977)). Because this rule extends the expected
implementation date for specified entities from January 1, 2026, to
December 31, 2026, the affected parties do not need time to adjust
their behavior before the rule takes effect.
For these reasons, the Agency finds that good cause exists under
APA section 553(d)(3) to make this rule effective on January 16, 2025.
III. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined by
Executive Order 12866, as amended by Executive Order 14094 and was,
therefore, not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action revises the ozone absorption cross-section and
revise and amend relevant references. It does not contain any
information collection activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action updates the ozone absorption cross-section value for surface
ozone monitoring under 40 CFR part 50, and we anticipate that there
will be minimal costs associated with this change. We have, therefore,
concluded that this action will have no net regulatory burden for all
directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local, or Tribal governments, or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This action updates a reference measurement
principle and calibration procedure for the measurement of ambient
ozone under 40 CFR part 50. Thus, Executive Order 13175 does not apply
to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking involves technical standards. The EPA used
voluntary consensus standards in the preparation of this measurement
principle and procedure; it is the benchmark against which all ambient
ozone monitoring methods are compared. This action is simply updating
the reference measurement principle in light of updated information.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this type of action does not concern human
health or environmental conditions and, therefore, cannot be evaluated
with respect to potentially disproportionate and adverse effects on
people of color, low-income populations and/or indigenous peoples. This
regulatory action is an update to a previously promulgated analytical
method and does not have any impact on human health or the environment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each house of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding
[[Page 4651]]
that notice and comment rulemaking procedures are impracticable,
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The
EPA has made a good cause finding for this rule as discussed in the
SUPPLEMENTARY INFORMATION section. The EPA has determined that there is
good cause for making this correction final without prior proposal. In
this instance, notice and opportunity for comment is unnecessary
because this action implements a minor, non-substantive technical
correction that conforms the regulatory text to the rule's preamble.
List of Subjects in 40 CFR Part 50
Environmental protection, Air pollution control, Ozone.
Joseph Goffman,
Assistant Administrator, Office of Air and Radiation.
Accordingly, the EPA corrects FR Doc. 2023-22531 and 40 CFR part 50
as follows:
Federal Register Correction
In FR Doc. 2023-22531, at 88 FR 70595 in the Federal Register of
October 12, 2023, on page 70597, in the first column, the second, third
and fourth sentences of the last paragraph are corrected to read as
follows:
``The absorption cross-section value stated in this appendix
(304.39 atm<SUP>-1</SUP> cm<SUP>-1</SUP> <plus-minus> 0.94
atm<SUP>-1</SUP> cm<SUP>-1</SUP>) will be used in all U.S. Standard
Reference Photometers (SRPs) beginning January 1, 2025. It is
expected that implementation across all other ozone transfer
standards and ozone monitors in the field will be completed by
December 31, 2026.''
PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY
STANDARDS
0
1. The authority citation for part 50 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
* * * * *
0
2. Amend Appendix D to Part 50 by revising section 2.2 to read as
follows:
Appendix D to Part 50--Reference Measurement Principle and Calibration
Procedure for the Measurement of Ozone in the Atmosphere
(Chemiluminescence Method)
* * * * *
2.2 The measurement system is calibrated by referencing the
instrumental chemiluminescence measurements to certified
O<INF>3</INF> standard concentrations generated in a dynamic flow
system and assayed by ultraviolet (UV) photometry to be traceable to
a National Institute of Standards and Technology (NIST) standard
reference photometer for O<INF>3</INF> (see Section 4, Calibration
Procedure, below) with a specified ozone absorption cross-section
value. The absorption cross-section value stated in section 4.1 and
section 4.5.3.10 of this appendix (304.39 atm<SUP>-1</SUP>
cm<SUP>-1</SUP> <plus-minus> 0.94 atm<SUP>-1</SUP> cm<SUP>-1</SUP>)
will begin use in all U.S. Standard Reference Photometers (SRPs) on
January 1, 2025. It is expected that implementation across all other
ozone transfer standards and ozone monitors in the field will be
completed by December 31, 2026.
* * * * *
[FR Doc. 2025-00946 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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