Extension of Start Date for Revised Photochemical Assessment Monitoring Stations, 25221-25225 [2019-11406]

Download as PDF Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules • Revisions to Regulation 19, Appendix A adopted on December 5, 2008 (effective January 25, 2009), June 22, 2012 (effective July 9, 2012), October 26, 2012 (effective November 18, 2012), and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 26, Chapter 3 adopted on August 23, 2002 (effective September 26, 2002), December 5, 2008 (effective January 25, 2009), and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 26, Chapter 4 adopted on August 23, 2002 (effective September 26, 2002), December 5, 2008 (effective January 25, 2009), June 22, 2012 (effective July 9, 2012), October 26, 2012 (effective November 18, 2012), and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 26, Chapter 5 adopted on December 5, 2008 (effective January 25, 2009) and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 26, Chapter 6 adopted on August 23, 2002 (effective September 26, 2002), December 5, 2008 (effective January 25, 2009), and February 26, 2016 (effective March 14, 2016); and • Non-substantive revisions throughout the current SIP-approved portions of Regulation 19 and 26 that replace ‘‘Section’’ with ‘‘Reg.’’ within section headings (e.g., ‘‘Section 26.101’’ revised to ‘‘Reg. 26.101’’) that were adopted on December 5, 2008 (effective January 25, 2009). EPA is not proposing any action to be taken on the portions of the July 26, 2010 and November 6, 2012 SIP revision submittals that were listed in the letter from Arkansas dated March 28, 2019, that requested the withdrawal of those revisions from EPA’s consideration for approval into the Arkansas SIP. khammond on DSKBBV9HB2PROD with PROPOSALS IV. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to the Arkansas regulations as described in the Proposed Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and in hard copy at the EPA Region 6 office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). VerDate Sep<11>2014 16:12 May 30, 2019 Jkt 247001 V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 25221 tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 21, 2019. David Gray, Acting Regional Administrator, Region 6. [FR Doc. 2019–11259 Filed 5–30–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 58 [EPA–HQ–OAR–2019–0137; FRL–9994–69– OAR] RIN 2060–AU38 Extension of Start Date for Revised Photochemical Assessment Monitoring Stations Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The EPA is proposing to revise the start date for the revised Photochemical Assessment Monitoring Stations (PAMS) monitoring site network established in 40 CFR part 58, Appendix D. This proposed revision would extend the start date from June 1, 2019, to June 1, 2021. The proposed revision would give states two additional years to acquire the necessary equipment and expertise needed to successfully make the required PAMS measurements by the start of the 2021 PAMS season. DATES: Comments. Comments must be received on or before July 1, 2019. ADDRESSES: You may send comments, identified by Docket ID No. EPA–HQ– OAR–2019–0137 by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2019–0137 in the subject line of the message. SUMMARY: E:\FR\FM\31MYP1.SGM 31MYP1 25222 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules • Fax: (202) 566–9744. Attention Docket ID No. EPA–HQ–OAR–2019– 0137. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA–HQ–OAR–2019– 0137, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand/Courier Delivery: EPA Docket Center, EPA WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.—4:30 p.m., Monday—Friday (except Federal Holidays). Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For questions about this proposed action, contact Kevin Cavender, Air Quality Analysis Division (C304–06), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 2364; fax number: (919) 541–1903; and email address: cavender.kevin@epa.gov. SUPPLEMENTARY INFORMATION: khammond on DSKBBV9HB2PROD with PROPOSALS Table of Contents I. Public Participation A. Written Comments II. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? III. Background IV. What actions are we proposing? V. What are the impacts of the actions being proposed? VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) VerDate Sep<11>2014 16:12 May 30, 2019 Jkt 247001 F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTAA) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. Public Participation A. Written Comments Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2019– 0137, at https://www.regulations.gov (our preferred method), or the other methods identified in the ADDRESSES section. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. Submitting CBI: Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to the EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 claimed as CBI must be submitted for inclusion in the public docket. Information marked as CBI will not be disclosed except in accordance with procedures set forth in Title 40 Code of Federal Regulations (CFR) part 2. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. Send or deliver information identified as CBI to only the following address: OAQPS Document Control Officer (Room C404– 02), U.S. EPA, Research Triangle Park, NC 27711, Attention Docket ID No. EPA–HQ–OAR–2019–0137. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI (Confidential Business Information) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. II. General Information A. Does this action apply to me? Table 1 of this preamble lists the entities that may be affected by this proposal. Table 1 is not intended to be exhaustive, but rather provides a guide for readers regarding the entities that this proposed action is likely to affect. The proposed amendment, if promulgated, will be applicable to the affected entities. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section. E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules 25223 TABLE 1—SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION NAICS code 1 Source category State, local, and tribal government agencies ............................. 1 North Administration of air and water resource and solid waste management programs American Industry Classification System. B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this action is available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this proposed action at https://www3.epa.gov/ttn/ amtic/pamsreeng.html. Following publication in the Federal Register, the EPA will post the Federal Register version of the proposal and key technical documents at this same website. III. Background khammond on DSKBBV9HB2PROD with PROPOSALS 924119 Examples of affected sources The EPA PAMS program was promulgated in the early 1990s to meet the requirements of Section 182(c)(1) of the Clean Air Act (CAA). Significant revisions to the PAMS requirements (found in 40 CFR part 58, Appendix D) were made as part of the 2015 Ozone National Ambient Air Quality Standards (NAAQS) review. See 80 FR 65292, 65420–30 (Oct. 26, 2015). The revised PAMS requirements call for ozone precursor measurements to be made during the 3-month PAMS season (June, July, and August) at existing NCore sites 1 in core-based statistical areas (CBSA) with a population of one million or more (a multi-pollutant monitoring network also required in 40 CFR part 58). These sites are referred to as ‘‘required PAMS sites.’’ The main objective of the required PAMS sites is to develop a database of ozone precursors and meteorological measurements to support ozone model development and track the trends of important ozone precursor concentrations. In addition to the required PAMS sites, the revised PAMS requirements also call for each state with nonattainment areas classified as Moderate (or above) for any ozone NAAQS and states in the Ozone Transport Region to develop and implement an Enhanced Monitoring Plan (EMP). The objective of EMPs is to better understand ozone formation in specific areas through enhanced ozone 1 NCore sites are National Core multipollutant monitoring stations. See 40 CFR 58.1. VerDate Sep<11>2014 16:12 May 30, 2019 Jkt 247001 and ozone precursor monitoring activities. The revised PAMS requirements reduced the number of required PAMS sites (from 75 to 43) while improving spatial distribution. Of the 43 required PAMS sites, 16 were existing PAMS sites and 27 are new PAMS sites. While the new PAMS requirements leverage the existing NCore network and infrastructure providing significant long-term cost savings, many states (including those with existing PAMS sites due to the age of the existing equipment) will need to install new equipment to comply with the revised PAMS requirements (e.g., automated gas chromatographs (auto-GCs) to measure hourly volatile organic compounds (VOCs), true NO2 analyzers, ceilometers (to measure mixing height), rain gauges, solar radiation sensors, and support equipment). In revising the PAMS requirements, the EPA ‘‘recognize[d] that the changes to the PAMS requirements will require resources and a reasonable timeline in order to be successfully implemented.’’ 80 FR at 65428. ‘‘The PAMS program,’’ the EPA explained, ‘‘is funded, in part, as part of the EPA’s section 105 grants.’’ 2 Id. At the time of the 2015 PAMS revisions, ‘‘EPA believe[d] that the current national funding level of the PAMS program [was] sufficient to support these final changes . . . .’’ Id. Additionally, the EPA explained that monitoring agencies would need time ‘‘to make capital investments (primarily for the installation of autoGCs, NO2 monitors, and ceilometers), prepare appropriate [Quality Assurance] documents, and develop the expertise needed to successfully collect PAMS measurements via training or otherwise.’’ Id. Currently, the revised PAMS requirements require states to start making PAMS measurements by June 1, 2019. To assist states in acquiring the necessary equipment, the EPA has been working on national contracts 3 to 2 Section 105 grants are provided through the State and Tribal Air Grant (STAG) funds. 3 The EPA assists states by negotiating and awarding national contracts for ambient air sampling and analysis services and large-scale monitoring equipment and supplies for efficiency and consistency in the monitoring networks. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 provide much of the needed equipment for making PAMS measurements— specifically contracts for auto-GCs, ceilometers, and true NO2 analyzers. The EPA informed the states of its intent to make the national contracts available to them for the purchase of the listed PAMS equipment during numerous meetings, conferences, and workgroup calls (See docket No. EPA–HQ–2019– 0137 for examples of these communications). Due to budget constraints 4 and delays in EPA’s contracting process, many of the states relying on the national contracts for equipment will not have all the necessary equipment in time for the current start date. However, the EPA has obtained some of the necessary PAMS equipment, which has been delivered to participating states. At the time of this proposal, roughly two thirds of the states have received and are operating auto-GCs but only one third of the sites will have the ceilometer and true NO2 analyzers in 2019. Sites will need all of the equipment, however, to satisfy all of the PAMS requirements. The EPA is currently working on a national contract to purchase the remaining auto-GCs, but the remaining auto-GCs will not be available by the current June 1, 2019 start date. Moreover, once the remaining auto-GCs are delivered, states will need adequate time to install the new devices and develop the expertise to successfully collect PAMS measurements. The EPA is also working on national contracts to purchase the true NO2 analyzers and ceilometers. National contracts provide many benefits to EPA and the states, including simplified acquisition, national consistency, and sometimes better pricing options. For large-scale equipment contracts, the EPA coordinates closely with state monitoring agencies to determine interest before pursuing actual contracting vehicles. For those states planning to use the national contracts for PAMS equipment, the EPA will purchase the equipment using STAG funds on behalf of the state and have the equipment delivered directly to the state. 4 The EPA is using STAG funds to purchase equipment on behalf of participating states under the national contracts. Approximately $8 million dollars is needed to purchase the equipment. To minimize disruption to existing initiatives currently being funded by STAG, the EPA is setting aside $2 million in STAG funds per year over Fiscal Years 2017, 2018, 2019, and 2020 to fund the purchases of the new equipment on a rolling basis (i.e., when a contract is established and equipment can be purchased). E:\FR\FM\31MYP1.SGM 31MYP1 25224 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules khammond on DSKBBV9HB2PROD with PROPOSALS That contract will not be funded until 2020 and the states will not receive that equipment until the summer of 2020. IV. What action are we proposing? As discussed above, many of the states relying on the EPA’s assistance in acquiring equipment for the required PAMS sites will not have all the necessary equipment by June 1, 2019. Because many states will also be new to making PAMS measurements, they will need time to become proficient with the equipment after the equipment has been delivered. Accordingly, the EPA believes it is appropriate to extend the start date for required PAMS monitoring for all sites until the start of the PAMS season following the delivery of the remaining PAMS equipment. Based on current expectations, the last equipment will be delivered in the summer of 2020. As such, the EPA is proposing to extend the start date for required PAMS monitoring until the beginning of the PAMS season in 2021 (i.e., June 1, 2021). The delays in the national contracts do not impact the state driven EMPs, and as such, we are not proposing any change to the current EMP date. Alternatively, the EPA is taking comment on whether the start date should be extended only for sites that have not received the necessary equipment and is considering two alternative options. Under the first alternative, the EPA would require each remaining site to begin measurements once all of the necessary equipment has been delivered (and taking into account a reasonable training period), rather than having a uniform start date for all sites. Under the second alternative, the EPA would require sites to begin measurements as the necessary equipment has been delivered (and taking into account a reasonable training period). For example, under this option, the start date would be tied to the delivery of particular equipment, e.g., an auto-GC, and would account for any training associated with running the auto-GC to ensure successful data collection. Accordingly, we are also requesting information on what a reasonable time frame would be to install the new equipment and develop the expertise to successfully collect PAMS measurements. V. What are the impacts of the actions being proposed? As stated above, the main objective of the PAMS program is to develop a database of ozone precursors and meteorological measurements to support ozone model development and track the trends of important ozone precursor VerDate Sep<11>2014 16:12 May 30, 2019 Jkt 247001 concentrations. The EPA and other scientists use the data collected from the PAMS network to develop, evaluate, and improve ozone models. The proposed delay in PAMS implementation will reduce the amount of precursor and meteorological data available from the PAMS season in 2019 and 2020. Nevertheless, sites which have already received the necessary equipment will likely begin making PAMS measurements as soon as possible, and as such, about two thirds of the required PAMS sites may begin making speciated VOC measurements in 2019, with the remaining third beginning to make speciated VOC measurements in 2020. One-third of the sites will have the ceilometer and true NO2 analyzers in 2019, with the remainder receiving the equipment in fiscal year 2020. In addition, many of the required PAMS measurements are already being made at these sites as part of the NCore network, including ozone, NOy, and several meteorological measurements. Accordingly, while not a complete data set, PAMS data users will have much of the data necessary to develop, evaluate, and improve ozone models regardless of the proposed delay in start time. VI. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This action is expected to be an Executive Order 13771 deregulatory action. This proposed rule is expected to provide meaningful burden reduction by giving states 2 additional years to begin PAMS monitoring. A 2-year delay in the required PAMS site start date will result in cost savings for the network due to a savings in operating costs for those measurements not being made during the delay. The EPA estimates that it will cost approximately $166,000 per year per site to make the PAMS measurements that are not already being made at NCore sites (primarily speciated VOCs, carbonyls, mixing height, and true NO2). Assuming states who do have PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 the necessary equipment will make the PAMS measurements regardless of the delayed start date, it is estimated that a savings of roughly $5 million will occur in 2019, and roughly $2 million will occur in 2020. C. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2060–0084. The burden associated with conducting and reporting PAMS monitoring data been fully incorporated into the Ambient Air Quality Surveillance Information Collection Request. D. 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. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This proposed action would reduce burden on the affected state and local monitoring agencies by delaying implementation and the associated costs of PAMS monitoring by 2 years. We have, therefore, concluded that this action will relieve regulatory burden for all directly regulated small entities. E. 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. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. F. 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. E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules G. 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 only applies to state and local monitoring agencies operating NCore monitoring sites in Core Based Statistical Areas of 1,000,000 people or more. No tribal governments will be subject to the PAMS monitoring requirements. Thus, Executive Order 13175 does not apply to this action. H. 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. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use § 58.13 Monitoring network completion. * * * * * (h) The Photochemical Assessment Monitoring sites required under 40 CFR part 58 Appendix D, section 5(a) must be physically established and operating under all of the requirements of this part, including the requirements of appendix A, C, D, and E of this part, no later than June 1, 2021. * * * * * [FR Doc. 2019–11406 Filed 5–30–19; 8:45 am] BILLING CODE 6560–50–P Defense Acquisition Regulations System Defense Federal Acquisition Regulation Supplement: Prompt Payments of Small Business Contractors (DFARS Case 2018–D068) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2019 that provides for accelerated payments to small business contractors and subcontractors. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before July 30, 2019, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2018–D068, using any of the following methods: Æ Federal eRulemaking Portal: https:// www.regulations.gov. Search for ‘‘DFARS Case 2018–D068.’’ Select ‘‘Comment Now’’ and follow the instructions provided to submit a comment. Please include ‘‘DFARS Case SUMMARY: The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. List of Subjects in 40 CFR Part 58 Ambient air monitoring, Ozone, Photochemical Assessment Monitoring Stations, Precursor monitoring. Dated: May 23, 2019. Andrew R. Wheeler, Administrator. For the reasons stated in the preamble, the Environmental Protection Agency proposes to amend part 58 of title 40, chapter I, of the Code of Federal Regulations as follows: 2018–D068’’ on any attached documents. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2018–D068 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Jennifer D. Johnson, OUSD(A–S)DPC/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone 571– 372–6100. SUPPLEMENTARY INFORMATION: I. Background DEPARTMENT OF DEFENSE AGENCY: K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations khammond on DSKBBV9HB2PROD with PROPOSALS 2. Section 58.13 is amended by revising paragraph (h) to read as follows: ■ RIN 0750–AK25 This rulemaking does not involve technical standards. Jkt 247001 Authority: 42 U.S.C. 7403, 7405, 7410, 7414, 7601, 7611, 7614, and 7619. [Docket DARS–2019–0025] J. National Technology Transfer and Advancement Act (NTTAA) 16:12 May 30, 2019 1. The authority citation for part 58 continues to read as follows: ■ 48 CFR Parts 212, 232, and 252 This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. VerDate Sep<11>2014 PART 58—AMBIENT AIR QUALITY SURVEILLANCE 25225 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 This rule proposes to revise the DFARS to implement section 852 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115–232). Section 852 provides for accelerated payments to small business contractors and to small business subcontractors by accelerating payments to their prime contractors. Specifically, section 852 requires DoD, to the fullest extent permitted by law, to establish an accelerated payment date for small business contractors, with a goal of 15 days after receipt of a proper invoice, if a specific payment date is not established by contract. For contractors that subcontract with small businesses, section 852 requires DoD, to the fullest extent permitted by law, to establish an accelerated payment date, with a goal of 15 days after receipt of a proper invoice, if: (1) A specific payment date is not established by contract, and (2) the contractor agrees to make accelerated payments to the subcontractor without any further consideration from, or fees charged to, the subcontractor. The requirements of section 852 are similar to current DoD policy and practice regarding payments to small business contractors and subcontractors. DFARS 232.903 states DoD’s policy of assisting small businesses by paying them as quickly as possible after receipt of invoices and proper documentation, and before normal payment due dates established in the contract. In practice, the Defense Financial Accounting Service (DFAS) currently provides accelerated payments to nearly all DoD contractors, as permitted by law. E:\FR\FM\31MYP1.SGM 31MYP1

Agencies

[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Proposed Rules]
[Pages 25221-25225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11406]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2019-0137; FRL-9994-69-OAR]
RIN 2060-AU38


Extension of Start Date for Revised Photochemical Assessment 
Monitoring Stations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to revise the start date for the revised 
Photochemical Assessment Monitoring Stations (PAMS) monitoring site 
network established in 40 CFR part 58, Appendix D. This proposed 
revision would extend the start date from June 1, 2019, to June 1, 
2021. The proposed revision would give states two additional years to 
acquire the necessary equipment and expertise needed to successfully 
make the required PAMS measurements by the start of the 2021 PAMS 
season.

DATES: Comments. Comments must be received on or before July 1, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0137 by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2019-0137 in the subject line of the message.

[[Page 25222]]

     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2019-0137.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2019-0137, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, EPA WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m.--4:30 p.m., 
Monday--Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Kevin Cavender, Air Quality Analysis Division (C304-
06), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2364; fax number: (919) 541-1903; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation
    A. Written Comments
II. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
III. Background
IV. What actions are we proposing?
V. What are the impacts of the actions being proposed?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2019-
0137, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. The EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the Web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Submitting CBI: Clearly mark the part or all of the information 
that you claim to be CBI. For CBI information in a disk or CD-ROM that 
you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and 
then identify electronically within the disk or CD-ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes information claimed as CBI, a copy of the 
comment that does not contain the information claimed as CBI must be 
submitted for inclusion in the public docket. Information marked as CBI 
will not be disclosed except in accordance with procedures set forth in 
Title 40 Code of Federal Regulations (CFR) part 2.
    Do not submit information that you consider to be CBI or otherwise 
protected through https://www.regulations.gov or email. Send or deliver 
information identified as CBI to only the following address: OAQPS 
Document Control Officer (Room C404-02), U.S. EPA, Research Triangle 
Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2019-0137.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult the person identified in the FOR FURTHER 
INFORMATION CONTACT section.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI (Confidential Business 
Information) or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in https://www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, 
EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW, 
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

II. General Information

A. Does this action apply to me?

    Table 1 of this preamble lists the entities that may be affected by 
this proposal. Table 1 is not intended to be exhaustive, but rather 
provides a guide for readers regarding the entities that this proposed 
action is likely to affect. The proposed amendment, if promulgated, 
will be applicable to the affected entities. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

[[Page 25223]]



       Table 1--Source Categories Affected by This Proposed Action
------------------------------------------------------------------------
                                                    Examples of affected
          Source category           NAICS code \1\         sources
------------------------------------------------------------------------
State, local, and tribal                    924119  Administration of
 government agencies.                                air and water
                                                     resource and solid
                                                     waste management
                                                     programs
------------------------------------------------------------------------
\1\ North American Industry Classification System.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www3.epa.gov/ttn/amtic/pamsreeng.html. Following publication in 
the Federal Register, the EPA will post the Federal Register version of 
the proposal and key technical documents at this same website.

III. Background

    The EPA PAMS program was promulgated in the early 1990s to meet the 
requirements of Section 182(c)(1) of the Clean Air Act (CAA). 
Significant revisions to the PAMS requirements (found in 40 CFR part 
58, Appendix D) were made as part of the 2015 Ozone National Ambient 
Air Quality Standards (NAAQS) review. See 80 FR 65292, 65420-30 (Oct. 
26, 2015). The revised PAMS requirements call for ozone precursor 
measurements to be made during the 3-month PAMS season (June, July, and 
August) at existing NCore sites \1\ in core-based statistical areas 
(CBSA) with a population of one million or more (a multi-pollutant 
monitoring network also required in 40 CFR part 58). These sites are 
referred to as ``required PAMS sites.'' The main objective of the 
required PAMS sites is to develop a database of ozone precursors and 
meteorological measurements to support ozone model development and 
track the trends of important ozone precursor concentrations. In 
addition to the required PAMS sites, the revised PAMS requirements also 
call for each state with nonattainment areas classified as Moderate (or 
above) for any ozone NAAQS and states in the Ozone Transport Region to 
develop and implement an Enhanced Monitoring Plan (EMP). The objective 
of EMPs is to better understand ozone formation in specific areas 
through enhanced ozone and ozone precursor monitoring activities.
---------------------------------------------------------------------------

    \1\ NCore sites are National Core multipollutant monitoring 
stations. See 40 CFR 58.1.
---------------------------------------------------------------------------

    The revised PAMS requirements reduced the number of required PAMS 
sites (from 75 to 43) while improving spatial distribution. Of the 43 
required PAMS sites, 16 were existing PAMS sites and 27 are new PAMS 
sites. While the new PAMS requirements leverage the existing NCore 
network and infrastructure providing significant long-term cost 
savings, many states (including those with existing PAMS sites due to 
the age of the existing equipment) will need to install new equipment 
to comply with the revised PAMS requirements (e.g., automated gas 
chromatographs (auto-GCs) to measure hourly volatile organic compounds 
(VOCs), true NO2 analyzers, ceilometers (to measure mixing 
height), rain gauges, solar radiation sensors, and support equipment).
    In revising the PAMS requirements, the EPA ``recognize[d] that the 
changes to the PAMS requirements will require resources and a 
reasonable timeline in order to be successfully implemented.'' 80 FR at 
65428. ``The PAMS program,'' the EPA explained, ``is funded, in part, 
as part of the EPA's section 105 grants.'' \2\ Id. At the time of the 
2015 PAMS revisions, ``EPA believe[d] that the current national funding 
level of the PAMS program [was] sufficient to support these final 
changes . . . .'' Id. Additionally, the EPA explained that monitoring 
agencies would need time ``to make capital investments (primarily for 
the installation of autoGCs, NO2 monitors, and ceilometers), 
prepare appropriate [Quality Assurance] documents, and develop the 
expertise needed to successfully collect PAMS measurements via training 
or otherwise.'' Id.
---------------------------------------------------------------------------

    \2\ Section 105 grants are provided through the State and Tribal 
Air Grant (STAG) funds.
---------------------------------------------------------------------------

    Currently, the revised PAMS requirements require states to start 
making PAMS measurements by June 1, 2019. To assist states in acquiring 
the necessary equipment, the EPA has been working on national contracts 
\3\ to provide much of the needed equipment for making PAMS 
measurements--specifically contracts for auto-GCs, ceilometers, and 
true NO2 analyzers. The EPA informed the states of its 
intent to make the national contracts available to them for the 
purchase of the listed PAMS equipment during numerous meetings, 
conferences, and workgroup calls (See docket No. EPA-HQ-2019-0137 for 
examples of these communications). Due to budget constraints \4\ and 
delays in EPA's contracting process, many of the states relying on the 
national contracts for equipment will not have all the necessary 
equipment in time for the current start date. However, the EPA has 
obtained some of the necessary PAMS equipment, which has been delivered 
to participating states. At the time of this proposal, roughly two 
thirds of the states have received and are operating auto-GCs but only 
one third of the sites will have the ceilometer and true NO2 
analyzers in 2019. Sites will need all of the equipment, however, to 
satisfy all of the PAMS requirements. The EPA is currently working on a 
national contract to purchase the remaining auto-GCs, but the remaining 
auto-GCs will not be available by the current June 1, 2019 start date. 
Moreover, once the remaining auto-GCs are delivered, states will need 
adequate time to install the new devices and develop the expertise to 
successfully collect PAMS measurements. The EPA is also working on 
national contracts to purchase the true NO2 analyzers and 
ceilometers.

[[Page 25224]]

That contract will not be funded until 2020 and the states will not 
receive that equipment until the summer of 2020.
---------------------------------------------------------------------------

    \3\ The EPA assists states by negotiating and awarding national 
contracts for ambient air sampling and analysis services and large-
scale monitoring equipment and supplies for efficiency and 
consistency in the monitoring networks. National contracts provide 
many benefits to EPA and the states, including simplified 
acquisition, national consistency, and sometimes better pricing 
options. For large-scale equipment contracts, the EPA coordinates 
closely with state monitoring agencies to determine interest before 
pursuing actual contracting vehicles. For those states planning to 
use the national contracts for PAMS equipment, the EPA will purchase 
the equipment using STAG funds on behalf of the state and have the 
equipment delivered directly to the state.
    \4\ The EPA is using STAG funds to purchase equipment on behalf 
of participating states under the national contracts. Approximately 
$8 million dollars is needed to purchase the equipment. To minimize 
disruption to existing initiatives currently being funded by STAG, 
the EPA is setting aside $2 million in STAG funds per year over 
Fiscal Years 2017, 2018, 2019, and 2020 to fund the purchases of the 
new equipment on a rolling basis (i.e., when a contract is 
established and equipment can be purchased).
---------------------------------------------------------------------------

IV. What action are we proposing?

    As discussed above, many of the states relying on the EPA's 
assistance in acquiring equipment for the required PAMS sites will not 
have all the necessary equipment by June 1, 2019. Because many states 
will also be new to making PAMS measurements, they will need time to 
become proficient with the equipment after the equipment has been 
delivered. Accordingly, the EPA believes it is appropriate to extend 
the start date for required PAMS monitoring for all sites until the 
start of the PAMS season following the delivery of the remaining PAMS 
equipment. Based on current expectations, the last equipment will be 
delivered in the summer of 2020. As such, the EPA is proposing to 
extend the start date for required PAMS monitoring until the beginning 
of the PAMS season in 2021 (i.e., June 1, 2021). The delays in the 
national contracts do not impact the state driven EMPs, and as such, we 
are not proposing any change to the current EMP date.
    Alternatively, the EPA is taking comment on whether the start date 
should be extended only for sites that have not received the necessary 
equipment and is considering two alternative options. Under the first 
alternative, the EPA would require each remaining site to begin 
measurements once all of the necessary equipment has been delivered 
(and taking into account a reasonable training period), rather than 
having a uniform start date for all sites. Under the second 
alternative, the EPA would require sites to begin measurements as the 
necessary equipment has been delivered (and taking into account a 
reasonable training period). For example, under this option, the start 
date would be tied to the delivery of particular equipment, e.g., an 
auto-GC, and would account for any training associated with running the 
auto-GC to ensure successful data collection. Accordingly, we are also 
requesting information on what a reasonable time frame would be to 
install the new equipment and develop the expertise to successfully 
collect PAMS measurements.

V. What are the impacts of the actions being proposed?

    As stated above, the main objective of the PAMS program is to 
develop a database of ozone precursors and meteorological measurements 
to support ozone model development and track the trends of important 
ozone precursor concentrations. The EPA and other scientists use the 
data collected from the PAMS network to develop, evaluate, and improve 
ozone models. The proposed delay in PAMS implementation will reduce the 
amount of precursor and meteorological data available from the PAMS 
season in 2019 and 2020. Nevertheless, sites which have already 
received the necessary equipment will likely begin making PAMS 
measurements as soon as possible, and as such, about two thirds of the 
required PAMS sites may begin making speciated VOC measurements in 
2019, with the remaining third beginning to make speciated VOC 
measurements in 2020. One-third of the sites will have the ceilometer 
and true NO2 analyzers in 2019, with the remainder receiving 
the equipment in fiscal year 2020. In addition, many of the required 
PAMS measurements are already being made at these sites as part of the 
NCore network, including ozone, NOy, and several meteorological 
measurements. Accordingly, while not a complete data set, PAMS data 
users will have much of the data necessary to develop, evaluate, and 
improve ozone models regardless of the proposed delay in start time.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory 
action. This proposed rule is expected to provide meaningful burden 
reduction by giving states 2 additional years to begin PAMS monitoring. 
A 2-year delay in the required PAMS site start date will result in cost 
savings for the network due to a savings in operating costs for those 
measurements not being made during the delay. The EPA estimates that it 
will cost approximately $166,000 per year per site to make the PAMS 
measurements that are not already being made at NCore sites (primarily 
speciated VOCs, carbonyls, mixing height, and true NO2). 
Assuming states who do have the necessary equipment will make the PAMS 
measurements regardless of the delayed start date, it is estimated that 
a savings of roughly $5 million will occur in 2019, and roughly $2 
million will occur in 2020.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0084. The burden associated with conducting and 
reporting PAMS monitoring data been fully incorporated into the Ambient 
Air Quality Surveillance Information Collection Request.

D. 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. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This proposed action would reduce burden 
on the affected state and local monitoring agencies by delaying 
implementation and the associated costs of PAMS monitoring by 2 years. 
We have, therefore, concluded that this action will relieve regulatory 
burden for all directly regulated small entities.

E. 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. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

F. 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.

[[Page 25225]]

G. 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 only applies to state and local 
monitoring agencies operating NCore monitoring sites in Core Based 
Statistical Areas of 1,000,000 people or more. No tribal governments 
will be subject to the PAMS monitoring requirements. Thus, Executive 
Order 13175 does not apply to this action.

H. 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.

I. 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.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard.

List of Subjects in 40 CFR Part 58

    Ambient air monitoring, Ozone, Photochemical Assessment Monitoring 
Stations, Precursor monitoring.

    Dated: May 23, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend part 58 of title 40, chapter I, of 
the Code of Federal Regulations as follows:

PART 58--AMBIENT AIR QUALITY SURVEILLANCE

0
1. The authority citation for part 58 continues to read as follows:

    Authority: 42 U.S.C. 7403, 7405, 7410, 7414, 7601, 7611, 7614, 
and 7619.

0
2. Section 58.13 is amended by revising paragraph (h) to read as 
follows:


Sec.  58.13  Monitoring network completion.

* * * * *
    (h) The Photochemical Assessment Monitoring sites required under 40 
CFR part 58 Appendix D, section 5(a) must be physically established and 
operating under all of the requirements of this part, including the 
requirements of appendix A, C, D, and E of this part, no later than 
June 1, 2021.
* * * * *

[FR Doc. 2019-11406 Filed 5-30-19; 8:45 am]
BILLING CODE 6560-50-P
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