Reference Measurement Principle and Calibration Procedure for the Measurement of Ozone in the Atmosphere (Chemiluminescence Method), 70595-70602 [2023-22531]
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Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the COTP San Juan
or a designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the COTP San Juan by telephone
at (787) 289–2041, or a designated
representative via VHF–FM radio on
channel 16 to request authorization. If
authorization is granted, all persons and
vessels receiving such authorization
must comply with the instructions of
the COTP San Juan or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners via VHF–FM channel 16, or
the COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from 6 a.m. until 6 p.m.
on October 6, 2023, through October 20,
2023.
Dated: October 6, 2023.
Jose´ E. Dı´az,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2023–22595 Filed 10–11–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 50
[EPA–HQ–OAR–2022–0007; FRL–9344–02–
OAR]
RIN 2060–AV63
Reference Measurement Principle and
Calibration Procedure for the
Measurement of Ozone in the
Atmosphere (Chemiluminescence
Method)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing an update to
the current ozone absorption crosssection to the recommended consensusbased cross-section value of
1.1329x10¥17 cm2 molecule¥1 or 304.39
atm¥1 cm¥1, with an uncertainty of
0.94 atm¥1 cm¥1. The new value is
1.2% lower than the current value of
308 atm¥1 cm¥1 and reduces the
uncertainty in the value to 0.31%. The
adoption of this updated ozone
absorption cross-section could result in
increases in measured ozone
concentrations but given the existing
sources of potential variability in
monitoring data, it is unlikely that there
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SUMMARY:
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will be any consistent measurable and
predictable effect on reported data. The
EPA is also updating the dates of
publication for two references
associated with the updated crosssection value, adding a new reference,
and making a technical correction to
move three figures inadvertently placed
in section 6.0 References to a new
section 7.0 Figures.
DATES: This final rule is effective on
November 13, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2022–0007. All
documents in the docket are listed on
the https://www.regulations.gov
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 https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Joann Rice, Office of Air Quality
Planning and Standards, Air Quality
Assessment Division, Ambient Air
Monitoring Group (C304–06),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
3372; email address: rice.joann@
epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of this document. The
information in this preamble is
organized as follows:
Table of Contents
I. Background
Comments on the Proposed Rule
II. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
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Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. Background
In 1961, the ozone absorption crosssection was measured to be 1.1476
x10¥17 cm2 molecule¥1 or 308.3
atmosphere (atm)¥1 centimeter (cm)¥1
with a reported relative standard
uncertainty of 1.4% (Hearn, 1961).1 In
the 1980s, the National Institute of
Standards and Technology (NIST), in
collaboration with the EPA, developed
the Standard Reference Photometer
(SRP), which is the international
standard for the measurement of ozone.
The SRP is based on ultraviolet (UV)
photometry and uses this cross-section
value as the reference value for UV
ozone measurements. To establish and
maintain traceability, the readings of an
ozone analyzer are compared to a NISTmade ozone SRP through a hierarchy of
standards. Efforts to improve the
accuracy of the ozone absorption crosssection have continued over several
years during which rigorous assessment
of the bias and uncertainty in the value
became a high priority.
The Gas Analysis Working Group of
the Consultive Committee for Metrology
in Chemistry and Biology (CCQM–
GAWG) of the Bureau of Weights and
Measures in France (BIPM) convened a
task group in 2016 to review all
published measurements of the ozone
cross-section since 1950. This task
group was also charged with
recommending a consensus-based crosssection value and associated uncertainty
for adoption in measurements of ozone
concentrations by standard UV
photometric instruments, including the
SRP. (Hodges et al., 2019).2
After publication in Hodges et al.,
2019, the CCQM–GAWG 3 convened an
international group of stakeholders in
October 2020 to discuss adopting and
implementing a globally coordinated
change in the cross-section value for
surface ozone monitoring. This group,
representing several international and
national metrology institutes, NIST, and
environmental agencies including EPA,
agreed to adopt and implement the new
cross-section value as it represents a
more accurate value with less
1 Hearn A.G. (1961). Absorption of ozone in ultraviolet and visible regions of spectrum, Proc. Phys.
Soc. 78 932, DOI: 10.1088/0370–1328/78/5/340.
2 Hodges, J.T., Viallon, J., Brewer, P.J., Drouin,
B.J., Gorshelev, V., Janssen, C., Lee, S., Possolo, A.,
Smith, M.A.H., Walden, and Wielgosz, R.I. (2019).
Recommendation of a consensus value of the ozone
absorption cross-section at 253.65 nm based on a
literature review, Metrologia, 56, 034001. https://
doi.org/10.1088/1681-7575/ab0bdd.
3 https://www.bipm.org/en/committees/cc/ccqm/
wg/ccqm-gawg-ozone-tg.
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uncertainty and is an advancement and
improvement in the UV photometer
measurement method.
40 CFR part 50, appendix D,
‘‘Reference Measurement Principle and
Calibration Procedure for the
Measurement of Ozone in the
Atmosphere,’’ currently provides EPA’s
ozone calibration procedure with a
stated value of 308 ± 4 atm¥1 cm¥1.
This final action updates the ozone
absorption cross-section to align with
the BIPM CCQM–GAWG’s updated
international cross-section value of
304.39 atm¥1 cm¥1 with an uncertainty
of 0.94 atm¥1 cm¥1 at standard
temperature and pressure of 0 °C and 1
atmosphere. The EPA agrees that the
new cross-section value results in an
improvement in the accuracy of surface
ozone monitoring measurements by
reducing uncertainty and is finalizing
the change in appendix D of part 50 to
this more accurate consensus value.
The updated value reduces the
uncertainty to 0.31% from the current
1.4%. The value is also 1.2% lower than
the current value of 308 atmosphere
atm¥1 cm¥1, a change that could result
in increases in measured ozone
concentrations. However, there are
several factors that EPA believes make
it unlikely that this change will have a
measurable, predictable influence on
any particular set of ozone monitoring
data.
Design values, the metric used to
compare ambient ozone concentrations
measured at a monitor to the National
Ambient Air Quality Standard (NAAQS)
to determine compliance, are
determined using the data reporting,
data handling, and computation
procedures provided in 40 CFR part 50,
appendix U, ‘‘Interpretation of the
Primary and Secondary National
Ambient Air Quality Standards for
Ozone.’’
Multiple factors can contribute to
variability in monitoring data and
ultimately design values, including, but
not limited to, the precision of the
monitoring method, the acceptance
criteria for Standard Reference
Photometer (SRP) calibration and
verification, the acceptance criterion for
bench and field standards used to
calibrate ozone monitors in the field,
how agencies perform calibration and
adjust analyzer response, the precision
and bias acceptance criteria in EPA’s
Quality Assurance (QA) Handbook,4
data handling and computation
4 Quality Assurance Handbook for Air Pollution
Measurement Systems, Volume II, EPA–454/B–17–
001, Jan. 2017, available at: https://www.epa.gov/
sites/default/files/2020-10/documents/final_
handbook_document_1_17.pdf.
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procedures in Appendix U, and
meteorology.
The inherent precision (variability) of
the measurements from analyzers used
to measure ozone is about ±1 ppb, or
±0.001 ppm. The variability in the
measurement in either the positive or
negative direction should be considered
relative to the change in monitoring data
due to the new cross-section value.
When the new cross-section value is
implemented, all SRPs maintained by
BIPM, NIST, and the EPA will be
updated to incorporate the new value.
The update will be achieved through
software/firmware modification and
will not require any hardware changes.
The EPA is planning to update all
Agency’s SRPs simultaneously, instead
of through a phased approach, to
minimize disruption of the SRP
network. To establish and maintain
traceability, the readings of an ozone
analyzer are compared through a
hierarchy of standards to a NIST ozone
SRP. The process of using NISTtraceable standards to verify the ozone
concentrations is implemented for all
regulatory network ozone analyzers
used for comparison to the NAAQS.
There are 12 SRPs within the EPA’s
network: three at EPA’s Office of
Research and Development (ORD) and
nine at various EPA Regional offices and
the California Air Resources Board
(CARB). One of ORD’s SRPs is sent to
NIST to be re-verified against the NIST
SRP annually. That SRP serves as the
reference for the two other ORD SRPs.
Each SRP in the U.S. is re-verified
against one of ORD’s three SRPs
annually. Under normal verification
operations, implementing the ozone
standards traceability process for the
entire SRP network could take 2 or more
years starting from when the SRP
software/firmware is updated. During
this time, the implementation progress
and monitoring data collected with the
new cross-section will need to be
tracked.
The acceptance criteria used in
comparing the SRPs (Level 1 standards)
to each other is a slope of 1.00 ± 0.01
(or 1%) and an intercept 0.00 ± 1 ppb.
Field and bench standards (Level 2
standard) used to calibrate ozone
analyzers in the field have acceptance
criteria for the slope of 1.00 ± 0.03 (or
3%) and an intercept of 0 ± 3 ppb. The
1.2% change in cross-section value is
well within the 3% acceptance for Level
2 standards.
The goal for annual measurement
uncertainty for ozone in 40 CFR part 58,
‘‘Ambient Air Quality Surveillance,’’ is
an upper 90 percent confidence limit for
the coefficient of variation of 7% for
precision and for bias an upper 95
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percent confidence limit of 7%. Bias
and precision estimates are determined
using data obtained from the
comparison of the ozone analyzer
response to one-point Quality Control
(QC) checks using a Level 2 calibration
standard. The 1.2% change in crosssection value is well within the bias and
precision goal of 7%. Data reported to
the EPA’s Air Quality System by state,
local, and tribal monitoring agencies is
used to assess bias and precision. The
2021 national average precision for all
ozone analyzers in the U.S. is 2.3% and
the national average bias is 1.6%.5 The
1.2% change is, therefore, within the
national precision and less than the
national bias.
The QA Handbook, Volume II,
Appendix D Validation Template 6 also
specifies critical criteria for monitoring
organizations to maintain the integrity
and evaluate the quality of the data
collected by the analyzer. The critical
criteria are a one-point QC check (every
14 days at a minimum) < ±7.1%
difference or < ±1.5 ppb difference,
whichever is greater; zero drift < ± 3.1
ppb (over a 24-hour period) or < ±5.1
ppb (>24 hours and up to 14 days); and
span check drift over a 14-day period of
< ±7.1%. Any change to monitoring data
due to the new cross-section is also well
within the 7.1% acceptance criteria.
Monitoring organizations may manually
adjust the analyzer response while
others may institute automated
adjustment through use of a data
acquisition or data handling system.
Automated adjustments to the ozone
analyzer data are not recommended
because the monitoring agency may not
know if the standard being used for
monitor comparison, or the analyzer,
has degraded or drifted.
Ozone analyzers are calibrated or
verified every 182 days if one-point zero
and span checks are performed every 14
days, and every 365 days if one-point
zero and span checks are done daily.
The acceptance criteria for multi-point
calibration are all points < ±2.1% or
≤ ±1.5 ppb difference of the best fit
straight line, whichever is greater, and
a slope of 1 ± 0.05 or 5%. The 1.2%
change is also well within this
acceptance criteria for ozone monitor
calibration.
Ozone design values are computed as
the 3-year average of the annual 4th
highest daily maximum 8-hour value
5 Data obtained on 9/1/2022 from EPA’s Ozone
Data Quality Dashboard: https://sti-rshiny.shinyapps.io/ozone_dashboard/.
6 Appendix D, Measurement Quality Objectives
and Validation Templates: https://www.epa.gov/
sites/default/files/2020-10/documents/app_d_
validation_template_version_03_2017_for_amtic_
rev_1.pdf.
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measured at each monitoring site.
Appendix U provides for three levels of
truncation for the hourly, daily 8-hour
maximum, and design value
calculations. Hourly averaged ozone
monitoring data are to be reported in
ppm to the third decimal place, with
additional digits to the right truncated
(e.g., 0.070 ppm). In assessing how and
if the updated cross-section value may
affect ozone design values, it is
important to note that other factors,
including meteorology, can also
influence design values. The effects of
meteorology on hourly ozone
concentrations can contribute to an
increase or decrease in design values for
a site because formation of ozone is
heavily dependent on meteorological
conditions. Interannual meteorological
variations are known to affect daily and
seasonal average ozone concentrations.
Therefore, while we do not have reason
to believe this proposal will
significantly increase design values,
meteorology would be a confounding
factor in determining the effect on 3year design values.
Taking these factors into
consideration, the EPA believes it is
unlikely that the cross-section change
will have a measurable, predictable
influence on any given ozone design
value or monitoring data set.
Because the EPA believes that
adoption of the new cross-section will
improve the accuracy of measured
ozone values and is unlikely to have a
measurable, predictable influence on
any given monitor or design value, the
EPA is finalizing its proposal to revise
the current ozone absorption crosssection to the recommended
international consensus-based crosssection value of 304.39 atm¥1 cm¥1,
with an uncertainty of 0.94 atm¥1
cm¥1.
Ozone analyzers are traceable to a
NIST standard reference UV-based
photometer with a specified ozone UV
absorption cross-section value. The
absorption cross-section value stated
this appendix (304.39 atm¥1 cm¥1 ±
0.94 atm¥1 cm¥1) will be implemented
January 1, 2025, with an additional year
for state, local, and tribal monitoring
agencies to complete implementation, to
January 1, 2026. Until January 1, 2025,
the previous ozone absorption crosssection value (308 ± 4 atm¥1 cm¥1) will
be used. After January 1, 2025, both
cross-section values, 304.39 ± 0.94
atm¥1 cm¥1 and 308 ± 4 atm¥1 cm¥1,
may be used. After January 1, 2026, only
the cross-section value of 304.39 ± 0.94
atm¥1 cm¥1 may be used. EPA
recognizes the challenges, complexity,
and time it will take to develop
guidance and complete implementation
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of the updated cross-section value and
is, therefore, delaying the proposed
implementation start date of January 1,
2024, until January 1, 2025, with an
additional year (to January 1, 2026) to
complete implementation.
The EPA is including an additional
published reference for the research
done to support the cross-section
change in 40 CFR part 50, appendix D,
section 6.0 References: Hodges, J.T.,
Viallon, J., Brewer, P.J., Drouin, B.J.,
Gorshelev, V., Janssen, C., Lee, S.,
Possolo, A., Smith, M.A.H., Walden,
and Wielgosz, R.I., ‘‘Recommendation of
a consensus value of the ozone
absorption cross-section at 253.65 nm
based on a literature review,’’
Metrologia, 56 (2019) 034001, https://
doi.org/10.1088/1681-7575/ab0bdd. The
EPA is also changing the publication
dates of two existing references
associated with the updated crosssection value in 40 CFR part 50,
appendix D, section 6.0 References.
Comments on the Proposed Rule
On February 24, 2023, the EPA
proposed to update the current ozone
absorption cross-section (88 FR 11835)
and solicited comment on the proposed
update. The EPA received two
comments by the close of the public
comment period on March 27, 2023.
One commenter expressed concern that
the proposed target date of January 1,
2024, provides insufficient time to
implement the new cross-section value
and noted that monitoring equipment
that is no longer supported by
manufacturers would require
monitoring agencies to purchase new
ozone monitoring equipment.
In further consideration of global
implementation of the updated crosssection value, the international task
group leading implementation and the
EPA recognize the challenges,
complexity, and time it will take to
implement the updated value and are
accordingly delaying the
implementation start date from January
2024 until January 2025 with an
additional year (to January 2026) to
complete implementation. Regarding
the assertion that some monitoring
agencies will be required to purchase
new equipment, existing equipment will
be adjusted by firmware updates if
available. Where firmware updates are
not available for certain monitors, those
monitors may instead be calibrated
against ozone transfer standards, which
are calibrated directly back to a
Standard Reference Photometer (SRP)
using the updated cross-section value.
Therefore, the purchase of new
equipment should not be required.
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A second comment on the proposed
cross-section value assumed that the
percentage increase in monitoring data
would be 0.00086 ppm at the current
level of the standard (0.070 ppm). The
commenter noted that, if that increase
had been applied to the health studies
upon which the current NAAQS is
based, ‘‘a NAAQS closer to 71 ppb very
well could have been chosen based on
the monitoring data.’’ The commenter
also noted that under the current ozone
reconsideration, the Clean Air Science
Advisory Committee (CASAC) and EPA
‘‘must’’ consider the ozone cross-section
change on monitoring data and health
effect studies and, if not considered, the
NAAQS may be ‘‘artificially lowered’’ or
more stringent.
The EPA disagrees that this change
will make the NAAQS ozone standard
more stringent. As described in the
proposed action, at the current level of
the standard (0.070 ppm), 0.00086 ppm
is within the current precision of the
measurement method which is +/- 0.001
ppm. Moreover, when viewed in
conjunction with the current monitor
calibration acceptance criteria 7, the use
of truncation conventions for the ozone
hourly, daily 8-hour maximum, and
design value calculations, and other
unpredictable factors, EPA disagrees
with the commenter’s suggestion that
the change will result in any consistent
measurable and predictable effect on
reported data. This inherent
measurement variability is already
included in the measurements that have
been and are being used in health effects
research studies related to the ozone
NAAQS. The CASAC is aware of this
action, which is required to bring the
U.S. into alignment with international
monitoring standards.
No other comments were received.
The EPA is finalizing this action as
proposed.
II. Statutory and Executive Orders
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 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined by
Executive Order 12866, as amended by
7 See QA Handbook, Vol. II, App. D,
Measurement Quality Objectives and Validation
Templates, available at https://www.epa.gov/sites/
default/files/2020-10/documents/app_d_
validation_template_version_03_2017_for_amtic_
rev_1.pdf.
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Executive Order 14094 and was,
therefore, not subject to a requirement
for Executive Order 12866 review.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
B. Paperwork Reduction Act (PRA)
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.
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. In making this
determination, the EPA concludes that
the impact of concern for this rule is any
significant adverse economic impact on
small entities and that the agency is
certifying that this rule will not have a
significant economic impact on a
substantial number of small entities if
the rule has no net burden on the small
entities subject to the rule. This action
updates the ozone absorption crosssection 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.
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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.
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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
Executive Order 12898 (59 FR 7629,
Feb.16, 1994) directs Federal agencies,
to the greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color) and lowincome 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.
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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. This action 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, Ozone.
Michael S. Regan,
Administrator.
For the reasons set forth in the
preamble, the EPA amends title 40,
chapter I of the Code of Federal
Regulations as follows:
PART 50—NATIONAL PRIMARY AND
SECONDARY AMBIENT AIR QUALITY
STANDARDS
1. The authority citation for part 50
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. Amend appendix D to part 50 by:
a. Revising sections 2.2, 4.1 and
4.5.3.10;
■ b. Revising references 13. and 14. in
section 6.0;
■ c. Removing figures 1., 2., and 3. in
section 6.0;
■ d. Adding reference 15 in section 6.0;
and
■ e. Adding section ‘‘7.0 Figures.’’.
The revisions and addition read as
follows:
■
■
Appendix D to Part 50—Reference
Measurement Principle and Calibration
Procedure for the Measurement of
Ozone in the Atmosphere
(Chemiluminescence Method)
*
*
*
*
*
2.0 Measurement Principle.
*
*
*
*
*
2.2 The measurement system is
calibrated by referencing the
instrumental chemiluminescence
measurements to certified O3 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 O3 (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¥1
cm¥1 ± 0.94 atm¥1 cm¥1) will be
implemented January 1, 2025, with an
additional year to complete
implementation (January 1, 2026). Until
January 1, 2025, the previous ozone
absorption cross-section value, 308 ± 4
E:\FR\FM\12OCR1.SGM
12OCR1
Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations
atm¥1 cm¥1, will be used. After January
1, 2025, both cross-section values,
304.39 ± 0.94 atm¥1 cm¥1 and 308 ± 4
atm¥1 cm¥1, may be used. After January
1, 2026, only the cross-section value of
304.39 ± 0.94 atm¥1 cm¥1 may be used.
*
*
*
*
*
4.0 Calibration Procedure.
4.1 Principle. The calibration
procedure is based on the photometric
assay of O3 concentrations in a dynamic
flow system. The concentration of O3 in
an absorption cell is determined from a
Transmitance
measurement of the amount of 254 nm
light absorbed by the sample. This
determination requires knowledge of (1)
the absorption coefficient (a) of O3 at
254 nm, (2) the optical path length (l)
through the sample, (3) the
transmittance of the sample at a
nominal wavelength of 254 nm, and (4)
the temperature (T) and pressure (P) of
the sample. The transmittance is
defined as the ratio I/I0, where I is the
intensity of light which passes through
the cell and is sensed by the detector
when the cell contains an O3 sample,
and I0 is the intensity of light which
passes through the cell and is sensed by
the detector when the cell contains zero
air. It is assumed that all conditions of
the system, except for the contents of
the absorption cell, are identical during
measurement of I and I0. The quantities
defined above are related by the BeerLambert absorption law,
BILLING CODE 6560–50–P
= ..!..Io = e -acl
(1)
l = optical path length in cm.
Where:
a = absorption coefficient of O3 at 254 nm =
304.39 atm¥1 cm¥1, with an uncertainty
of 0.94 atm¥1 cm¥1 at 0 °C and 1 atm.
A stable O3 generator is used to
produce O3 concentrations over the
required calibration concentration
range. Each O3 concentration is
1, 2, 3, 4, 5, 6, 7, 15
c = O3 concentration in atmospheres, and
70599
determined from the measurement of
the transmittance (I/I0) of the sample at
254 nm with a photometer of path
length l and calculated from the
equation,
c(atm) = - 2:.
(in..!..)
al
I
(2a)
0
or
6
( InI).
c(ppm) = -10
al
I
(2b)
0
-1
I) ( - T )
= ( -Inal
1
273
0
(760)
-P
6
x10L-
(4)
Where:
[O3]OUT = O3 concentration, ppm
a = absorption coefficient of O3 at 254 nm =
304.39 atm¥1 cm¥1 at 0 °C and 1 atm
l = optical path length, cm
T = sample temperature, K
P = sample pressure, torr
L = correction factor for O3 losses from
4.5.2.5 = (1¥fraction of O3 lost).
4. It is the operator’s responsibility to verify
that all of the information required for
equation 4 is obtained, either automatically
by the photometer or manually. For
‘‘automatic’’ photometers which evaluate the
first term of equation 4 based on a linear
approximation, a manual correction may be
required, particularly at higher O3 levels. See
the photometer instruction manual and
Reference 13 for guidance.
Note: Some commercial photometers may
automatically evaluate all or part of equation
*
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PO 00000
*
*
Frm 00021
4.5.3.10. Calculate the O3
concentration from equation 4. An
average of several determinations will
provide better precision.
*
Fmt 4700
*
Sfmt 4700
6.0 References.
*
*
*
*
13. Technical Assistance Document
for the Calibration of Ambient Ozone
Monitors, EPA publication number
EPA–454/B–22–003, January 2023.
14. QA Handbook for Air Pollution
Measurement Systems—Volume II.
Ambient Air Quality Monitoring
Program. EPA–454/B–17–001, January
2017.
*
E:\FR\FM\12OCR1.SGM
12OCR1
ER12OC23.001 ER12OC23.002
ddrumheller on DSK120RN23PROD with RULES1
[03]ouT
the temperature and pressure of the
sample.
*
*
*
*
*
4.5 Procedure.
*
*
*
*
*
ER12OC23.000
The calculated O3 concentrations
must be corrected for O3 losses, which
may occur in the photometer, and for
70600
Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations
15. Hodges, J.T., Viallon, J., Brewer,
P.J., Drouin, B.J., Gorshelev, V., Janssen,
C., Lee, S., Possolo, A., Smith, M.A.H.,
Walden, and Wielgosz, R.I.,
Recommendation of a consensus value
of the ozone absorption cross-section at
253.65 nm based on a literature review,
Metrologia, 56 (2019) 034001. [Available
at https://doi.org/10.1088/1681-7575/
ab0bdd.]
7.0 Figures.
NO or
Ethylene
Flow
Sensor
J
NO
or
Ethylene
Pressure
Regulator
Reaction Cell
..
•!
iil .a
s:.
Pump
Exhaust
K
w
2
0
PMT
II)
Nitric Oxide
or
Ethylene
Gas
Cylinder
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15:26 Oct 11, 2023
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PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
E:\FR\FM\12OCR1.SGM
12OCR1
ER12OC23.003
ddrumheller on DSK120RN23PROD with RULES1
Figure 1. Gas-phase chemiluminescence
analyzer schematic diagram, where
PMT means photomultiplier tube.
70601
Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations
OUTPUT
>
MANIFOLD
o.
FLOW
CONTROLLER
_
GENERATOR
___r-----;!>
I I
ZERO
AIR
VENT
LJ
.
l
EXTRA 0.UTLETSCAP. PED
WHEN NOTIN USE
TO INLETOF ANALVZER
UNDERCAUBRATION
R.OW
CONTROLLER
l
VENT
-
-
-
1
OP11CS
SOURCE
0
ABSORPTION CELL
DETECTOR
F• . - - - - ~ ~
.SIGNAL
I
I
PROCESSING
ELECTRONICS
FLOWMETER
➔
FLOW
.CONTROLLER
PUMP
SCHAUST
I
L - - - - - - - - - - -- - - - -
VerDate Sep<11>2014
15:26 Oct 11, 2023
Jkt 262001
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
E:\FR\FM\12OCR1.SGM
12OCR1
ER12OC23.004
ddrumheller on DSK120RN23PROD with RULES1
Figure 2. Schematic diagram of a typical
UV photometric calibration system.
70602
Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations
FD
FLOW
CONTROLLER
FLOWMETER1--~---~
t
OUTPUT
MANFOLD
VENT
EXTRA OUTLETS CAPPED
WHEN NOT IN USE
TO INLET OF ANALVZER
UNDER CALIBRATION
FLOW
,___ _ _ _ _ _ _ _ _ _ _ ___,TWO WA - - - ~
CONTROLLER
VALVE
VENT
!
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rOPTICS
SOURCE
0
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DETECTOR
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-;ii- EXHAUST
I
L
[FR Doc. 2023–22531 Filed 10–11–23; 8:45 am]
BILLING CODE 6560–50–C
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 1090
[EPA–HQ–OAR–2023–0289; FRL 10290–01–
OAR]
RIN 2060–AV87
Reformulated Gasoline Covered Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
ddrumheller on DSK120RN23PROD with RULES1
VerDate Sep<11>2014
15:26 Oct 11, 2023
Jkt 262001
This final rule is effective
November 13, 2023.
DATES:
FOR FURTHER INFORMATION CONTACT:
In this final action, the
Environmental Protection Agency (EPA)
is amending its reformulated gasoline
(RFG) regulations to reflect the
reclassification of several ozone
nonattainment areas as Severe for the
2008 ozone national ambient air quality
standard (NAAQS). The subject areas
are the Dallas-Fort Worth, TX area
(Dallas), the Denver-Boulder-Greeley-
SUMMARY:
Fort Collins-Loveland, CO area
(Denver), and the Eastern Kern County,
CA area (Eastern Kern). The
reclassification of the Dallas and Denver
areas as Severe for the 2008 ozone
NAAQS was effective on November 7,
2022, and results in the prohibition of
the sale of conventional gasoline
throughout the entire nonattainment
area under the Clean Air Act (CAA) eon
November 7, 2023. Similarly, the
reclassification of the Eastern Kern area
was effective on July 7, 2021, and the
Federal RFG requirement applied to the
area on July 7, 2022.
Mark Coryell, Office of Transportation
and Air Quality, U.S. Environmental
Protection Agency, 2000 Traverwood,
Ann Arbor, MI 48105; email address:
coryell.mark@epa.gov or Rudy
Kapichak, Office of Transportation and
Air Quality, U.S. Environmental
Protection Agency, 2000 Traverwood,
Ann Arbor, MI 48105; email address:
kapichak.rudolph@epa.gov.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
The
contents of this preamble are listed in
the following outline:
SUPPLEMENTARY INFORMATION:
I. General Information
II. Action
III. Background
IV. Public Participation
V. Statutory and Executive Order Reviews
VI. Legal Authority and Statutory Provisions
I. General Information
A. Does this action apply to me?
Entities potentially affected by this
final action are fuel producers and
distributors who do business in the
Dallas-Fort Worth, TX area, the DenverBoulder-Greeley-Fort Collins-Loveland,
CO area, and the Eastern Kern County,
CA area.
Examples of potentially
regulated entities
Petroleum refineries .......................
Gasoline Marketers and Distributors ..............................................
Gasoline Retail Stations .................
1 North
E:\FR\FM\12OCR1.SGM
NAICS 1
codes
324110
424710
424720
457110
457120
American Industry Classification System.
12OCR1
ER12OC23.005
Figure 3. Schematic diagram of a typical
UV photometric calibration system
(Option 1).
Agencies
[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70595-70602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22531]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[EPA-HQ-OAR-2022-0007; FRL-9344-02-OAR]
RIN 2060-AV63
Reference Measurement Principle and Calibration Procedure for the
Measurement of Ozone in the Atmosphere (Chemiluminescence Method)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing an
update to the current ozone absorption cross-section to the recommended
consensus-based cross-section value of 1.1329x10-17 cm\2\
molecule-1 or 304.39 atm-1 cm-1, with
an uncertainty of 0.94 atm-1 cm-1. The new value
is 1.2% lower than the current value of 308 atm-1
cm-1 and reduces the uncertainty in the value to 0.31%. The
adoption of this updated ozone absorption cross-section could result in
increases in measured ozone concentrations but given the existing
sources of potential variability in monitoring data, it is unlikely
that there will be any consistent measurable and predictable effect on
reported data. The EPA is also updating the dates of publication for
two references associated with the updated cross-section value, adding
a new reference, and making a technical correction to move three
figures inadvertently placed in section 6.0 References to a new section
7.0 Figures.
DATES: This final rule is effective on November 13, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2022-0007. All documents in the docket are
listed on the https://www.regulations.gov 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 https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Joann Rice, Office of Air Quality
Planning and Standards, Air Quality Assessment Division, Ambient Air
Monitoring Group (C304-06), Environmental Protection Agency, Research
Triangle Park, North Carolina 27711; telephone number: (919) 541-3372;
email address: [email protected].
SUPPLEMENTARY INFORMATION:
Organization of this document. The information in this preamble is
organized as follows:
Table of Contents
I. Background
Comments on the Proposed Rule
II. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. Background
In 1961, the ozone absorption cross-section was measured to be
1.1476 x10-17 cm\2\ molecule-1 or 308.3
atmosphere (atm)-1 centimeter (cm)-1 with a
reported relative standard uncertainty of 1.4% (Hearn, 1961).\1\ In the
1980s, the National Institute of Standards and Technology (NIST), in
collaboration with the EPA, developed the Standard Reference Photometer
(SRP), which is the international standard for the measurement of
ozone. The SRP is based on ultraviolet (UV) photometry and uses this
cross-section value as the reference value for UV ozone measurements.
To establish and maintain traceability, the readings of an ozone
analyzer are compared to a NIST-made ozone SRP through a hierarchy of
standards. Efforts to improve the accuracy of the ozone absorption
cross-section have continued over several years during which rigorous
assessment of the bias and uncertainty in the value became a high
priority.
---------------------------------------------------------------------------
\1\ Hearn A.G. (1961). Absorption of ozone in ultra-violet and
visible regions of spectrum, Proc. Phys. Soc. 78 932, DOI: 10.1088/
0370-1328/78/5/340.
---------------------------------------------------------------------------
The Gas Analysis Working Group of the Consultive Committee for
Metrology in Chemistry and Biology (CCQM-GAWG) of the Bureau of Weights
and Measures in France (BIPM) convened a task group in 2016 to review
all published measurements of the ozone cross-section since 1950. This
task group was also charged with recommending a consensus-based cross-
section value and associated uncertainty for adoption in measurements
of ozone concentrations by standard UV photometric instruments,
including the SRP. (Hodges et al., 2019).\2\
---------------------------------------------------------------------------
\2\ Hodges, J.T., Viallon, J., Brewer, P.J., Drouin, B.J.,
Gorshelev, V., Janssen, C., Lee, S., Possolo, A., Smith, M.A.H.,
Walden, and Wielgosz, R.I. (2019). Recommendation of a consensus
value of the ozone absorption cross-section at 253.65 nm based on a
literature review, Metrologia, 56, 034001. https://doi.org/10.1088/1681-7575/ab0bdd.
---------------------------------------------------------------------------
After publication in Hodges et al., 2019, the CCQM-GAWG \3\
convened an international group of stakeholders in October 2020 to
discuss adopting and implementing a globally coordinated change in the
cross-section value for surface ozone monitoring. This group,
representing several international and national metrology institutes,
NIST, and environmental agencies including EPA, agreed to adopt and
implement the new cross-section value as it represents a more accurate
value with less
[[Page 70596]]
uncertainty and is an advancement and improvement in the UV photometer
measurement method.
---------------------------------------------------------------------------
\3\ https://www.bipm.org/en/committees/cc/ccqm/wg/ccqm-gawg-ozone-tg.
---------------------------------------------------------------------------
40 CFR part 50, appendix D, ``Reference Measurement Principle and
Calibration Procedure for the Measurement of Ozone in the Atmosphere,''
currently provides EPA's ozone calibration procedure with a stated
value of 308 4 atm-1 cm-1. This
final action updates the ozone absorption cross-section to align with
the BIPM CCQM-GAWG's updated international cross-section value of
304.39 atm-1 cm-1 with an uncertainty of 0.94
atm-1 cm-1 at standard temperature and pressure
of 0 [deg]C and 1 atmosphere. The EPA agrees that the new cross-section
value results in an improvement in the accuracy of surface ozone
monitoring measurements by reducing uncertainty and is finalizing the
change in appendix D of part 50 to this more accurate consensus value.
The updated value reduces the uncertainty to 0.31% from the current
1.4%. The value is also 1.2% lower than the current value of 308
atmosphere atm-1 cm-1, a change that could result
in increases in measured ozone concentrations. However, there are
several factors that EPA believes make it unlikely that this change
will have a measurable, predictable influence on any particular set of
ozone monitoring data.
Design values, the metric used to compare ambient ozone
concentrations measured at a monitor to the National Ambient Air
Quality Standard (NAAQS) to determine compliance, are determined using
the data reporting, data handling, and computation procedures provided
in 40 CFR part 50, appendix U, ``Interpretation of the Primary and
Secondary National Ambient Air Quality Standards for Ozone.''
Multiple factors can contribute to variability in monitoring data
and ultimately design values, including, but not limited to, the
precision of the monitoring method, the acceptance criteria for
Standard Reference Photometer (SRP) calibration and verification, the
acceptance criterion for bench and field standards used to calibrate
ozone monitors in the field, how agencies perform calibration and
adjust analyzer response, the precision and bias acceptance criteria in
EPA's Quality Assurance (QA) Handbook,\4\ data handling and computation
procedures in Appendix U, and meteorology.
---------------------------------------------------------------------------
\4\ Quality Assurance Handbook for Air Pollution Measurement
Systems, Volume II, EPA-454/B-17-001, Jan. 2017, available at:
https://www.epa.gov/sites/default/files/2020-10/documents/final_handbook_document_1_17.pdf.
---------------------------------------------------------------------------
The inherent precision (variability) of the measurements from
analyzers used to measure ozone is about 1 ppb, or 0.001 ppm. The variability in the measurement in either the
positive or negative direction should be considered relative to the
change in monitoring data due to the new cross-section value.
When the new cross-section value is implemented, all SRPs
maintained by BIPM, NIST, and the EPA will be updated to incorporate
the new value. The update will be achieved through software/firmware
modification and will not require any hardware changes. The EPA is
planning to update all Agency's SRPs simultaneously, instead of through
a phased approach, to minimize disruption of the SRP network. To
establish and maintain traceability, the readings of an ozone analyzer
are compared through a hierarchy of standards to a NIST ozone SRP. The
process of using NIST-traceable standards to verify the ozone
concentrations is implemented for all regulatory network ozone
analyzers used for comparison to the NAAQS. There are 12 SRPs within
the EPA's network: three at EPA's Office of Research and Development
(ORD) and nine at various EPA Regional offices and the California Air
Resources Board (CARB). One of ORD's SRPs is sent to NIST to be re-
verified against the NIST SRP annually. That SRP serves as the
reference for the two other ORD SRPs. Each SRP in the U.S. is re-
verified against one of ORD's three SRPs annually. Under normal
verification operations, implementing the ozone standards traceability
process for the entire SRP network could take 2 or more years starting
from when the SRP software/firmware is updated. During this time, the
implementation progress and monitoring data collected with the new
cross-section will need to be tracked.
The acceptance criteria used in comparing the SRPs (Level 1
standards) to each other is a slope of 1.00 0.01 (or 1%)
and an intercept 0.00 1 ppb. Field and bench standards
(Level 2 standard) used to calibrate ozone analyzers in the field have
acceptance criteria for the slope of 1.00 0.03 (or 3%) and
an intercept of 0 3 ppb. The 1.2% change in cross-section
value is well within the 3% acceptance for Level 2 standards.
The goal for annual measurement uncertainty for ozone in 40 CFR
part 58, ``Ambient Air Quality Surveillance,'' is an upper 90 percent
confidence limit for the coefficient of variation of 7% for precision
and for bias an upper 95 percent confidence limit of 7%. Bias and
precision estimates are determined using data obtained from the
comparison of the ozone analyzer response to one-point Quality Control
(QC) checks using a Level 2 calibration standard. The 1.2% change in
cross-section value is well within the bias and precision goal of 7%.
Data reported to the EPA's Air Quality System by state, local, and
tribal monitoring agencies is used to assess bias and precision. The
2021 national average precision for all ozone analyzers in the U.S. is
2.3% and the national average bias is 1.6%.\5\ The 1.2% change is,
therefore, within the national precision and less than the national
bias.
---------------------------------------------------------------------------
\5\ Data obtained on 9/1/2022 from EPA's Ozone Data Quality
Dashboard: https://sti-r-shiny.shinyapps.io/ozone_dashboard/.
---------------------------------------------------------------------------
The QA Handbook, Volume II, Appendix D Validation Template \6\ also
specifies critical criteria for monitoring organizations to maintain
the integrity and evaluate the quality of the data collected by the
analyzer. The critical criteria are a one-point QC check (every 14 days
at a minimum) < 7.1% difference or < 1.5 ppb
difference, whichever is greater; zero drift < 3.1 ppb
(over a 24-hour period) or < 5.1 ppb (>24 hours and up to
14 days); and span check drift over a 14-day period of < 7.1%. Any change to monitoring data due to the new cross-section
is also well within the 7.1% acceptance criteria. Monitoring
organizations may manually adjust the analyzer response while others
may institute automated adjustment through use of a data acquisition or
data handling system. Automated adjustments to the ozone analyzer data
are not recommended because the monitoring agency may not know if the
standard being used for monitor comparison, or the analyzer, has
degraded or drifted.
---------------------------------------------------------------------------
\6\ Appendix D, Measurement Quality Objectives and Validation
Templates: https://www.epa.gov/sites/default/files/2020-10/documents/app_d_validation_template_version_03_2017_for_amtic_rev_1.pdf.
---------------------------------------------------------------------------
Ozone analyzers are calibrated or verified every 182 days if one-
point zero and span checks are performed every 14 days, and every 365
days if one-point zero and span checks are done daily. The acceptance
criteria for multi-point calibration are all points < 2.1%
or <= 1.5 ppb difference of the best fit straight line,
whichever is greater, and a slope of 1 0.05 or 5%. The
1.2% change is also well within this acceptance criteria for ozone
monitor calibration.
Ozone design values are computed as the 3-year average of the
annual 4th highest daily maximum 8-hour value
[[Page 70597]]
measured at each monitoring site. Appendix U provides for three levels
of truncation for the hourly, daily 8-hour maximum, and design value
calculations. Hourly averaged ozone monitoring data are to be reported
in ppm to the third decimal place, with additional digits to the right
truncated (e.g., 0.070 ppm). In assessing how and if the updated cross-
section value may affect ozone design values, it is important to note
that other factors, including meteorology, can also influence design
values. The effects of meteorology on hourly ozone concentrations can
contribute to an increase or decrease in design values for a site
because formation of ozone is heavily dependent on meteorological
conditions. Interannual meteorological variations are known to affect
daily and seasonal average ozone concentrations. Therefore, while we do
not have reason to believe this proposal will significantly increase
design values, meteorology would be a confounding factor in determining
the effect on 3-year design values.
Taking these factors into consideration, the EPA believes it is
unlikely that the cross-section change will have a measurable,
predictable influence on any given ozone design value or monitoring
data set.
Because the EPA believes that adoption of the new cross-section
will improve the accuracy of measured ozone values and is unlikely to
have a measurable, predictable influence on any given monitor or design
value, the EPA is finalizing its proposal to revise the current ozone
absorption cross-section to the recommended international consensus-
based cross-section value of 304.39 atm-1 cm-1,
with an uncertainty of 0.94 atm-1 cm-1.
Ozone analyzers are traceable to a NIST standard reference UV-based
photometer with a specified ozone UV absorption cross-section value.
The absorption cross-section value stated this appendix (304.39
atm-1 cm-1 0.94 atm-1
cm-1) will be implemented January 1, 2025, with an
additional year for state, local, and tribal monitoring agencies to
complete implementation, to January 1, 2026. Until January 1, 2025, the
previous ozone absorption cross-section value (308 4
atm-1 cm-1) will be used. After January 1, 2025,
both cross-section values, 304.39 0.94 atm-1
cm-1 and 308 4 atm-1
cm-1, may be used. After January 1, 2026, only the cross-
section value of 304.39 0.94 atm-1
cm-1 may be used. EPA recognizes the challenges, complexity,
and time it will take to develop guidance and complete implementation
of the updated cross-section value and is, therefore, delaying the
proposed implementation start date of January 1, 2024, until January 1,
2025, with an additional year (to January 1, 2026) to complete
implementation.
The EPA is including an additional published reference for the
research done to support the cross-section change in 40 CFR part 50,
appendix D, section 6.0 References: Hodges, J.T., Viallon, J., Brewer,
P.J., Drouin, B.J., Gorshelev, V., Janssen, C., Lee, S., Possolo, A.,
Smith, M.A.H., Walden, and Wielgosz, R.I., ``Recommendation of a
consensus value of the ozone absorption cross-section at 253.65 nm
based on a literature review,'' Metrologia, 56 (2019) 034001, https://doi.org/10.1088/1681-7575/ab0bdd. The EPA is also changing the
publication dates of two existing references associated with the
updated cross-section value in 40 CFR part 50, appendix D, section 6.0
References.
Comments on the Proposed Rule
On February 24, 2023, the EPA proposed to update the current ozone
absorption cross-section (88 FR 11835) and solicited comment on the
proposed update. The EPA received two comments by the close of the
public comment period on March 27, 2023. One commenter expressed
concern that the proposed target date of January 1, 2024, provides
insufficient time to implement the new cross-section value and noted
that monitoring equipment that is no longer supported by manufacturers
would require monitoring agencies to purchase new ozone monitoring
equipment.
In further consideration of global implementation of the updated
cross-section value, the international task group leading
implementation and the EPA recognize the challenges, complexity, and
time it will take to implement the updated value and are accordingly
delaying the implementation start date from January 2024 until January
2025 with an additional year (to January 2026) to complete
implementation. Regarding the assertion that some monitoring agencies
will be required to purchase new equipment, existing equipment will be
adjusted by firmware updates if available. Where firmware updates are
not available for certain monitors, those monitors may instead be
calibrated against ozone transfer standards, which are calibrated
directly back to a Standard Reference Photometer (SRP) using the
updated cross-section value. Therefore, the purchase of new equipment
should not be required.
A second comment on the proposed cross-section value assumed that
the percentage increase in monitoring data would be 0.00086 ppm at the
current level of the standard (0.070 ppm). The commenter noted that, if
that increase had been applied to the health studies upon which the
current NAAQS is based, ``a NAAQS closer to 71 ppb very well could have
been chosen based on the monitoring data.'' The commenter also noted
that under the current ozone reconsideration, the Clean Air Science
Advisory Committee (CASAC) and EPA ``must'' consider the ozone cross-
section change on monitoring data and health effect studies and, if not
considered, the NAAQS may be ``artificially lowered'' or more
stringent.
The EPA disagrees that this change will make the NAAQS ozone
standard more stringent. As described in the proposed action, at the
current level of the standard (0.070 ppm), 0.00086 ppm is within the
current precision of the measurement method which is +/- 0.001 ppm.
Moreover, when viewed in conjunction with the current monitor
calibration acceptance criteria \7\, the use of truncation conventions
for the ozone hourly, daily 8-hour maximum, and design value
calculations, and other unpredictable factors, EPA disagrees with the
commenter's suggestion that the change will result in any consistent
measurable and predictable effect on reported data. This inherent
measurement variability is already included in the measurements that
have been and are being used in health effects research studies related
to the ozone NAAQS. The CASAC is aware of this action, which is
required to bring the U.S. into alignment with international monitoring
standards.
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\7\ See QA Handbook, Vol. II, App. D, Measurement Quality
Objectives and Validation Templates, available at https://www.epa.gov/sites/default/files/2020-10/documents/app_d_validation_template_version_03_2017_for_amtic_rev_1.pdf.
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No other comments were received. The EPA is finalizing this action
as proposed.
II. Statutory and Executive Orders 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 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined by
Executive Order 12866, as amended by
[[Page 70598]]
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. In
making this determination, the EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities and that the agency is certifying that this rule will not have
a significant economic impact on a substantial number of small entities
if the rule has no net burden on the small entities subject to the
rule. 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
Executive Order 12898 (59 FR 7629, Feb.16, 1994) directs Federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations (people of color) 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. This action 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, Ozone.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, the EPA amends title 40,
chapter I of the Code of Federal Regulations as follows:
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:
0
a. Revising sections 2.2, 4.1 and 4.5.3.10;
0
b. Revising references 13. and 14. in section 6.0;
0
c. Removing figures 1., 2., and 3. in section 6.0;
0
d. Adding reference 15 in section 6.0; and
0
e. Adding section ``7.0 Figures.''.
The revisions and addition read as follows:
Appendix D to Part 50--Reference Measurement Principle and Calibration
Procedure for the Measurement of Ozone in the Atmosphere
(Chemiluminescence Method)
* * * * *
2.0 Measurement Principle.
* * * * *
2.2 The measurement system is calibrated by referencing the
instrumental chemiluminescence measurements to certified O3
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
O3 (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-1 cm-1 0.94
atm-1 cm-1) will be implemented January 1, 2025,
with an additional year to complete implementation (January 1, 2026).
Until January 1, 2025, the previous ozone absorption cross-section
value, 308 4
[[Page 70599]]
atm-1 cm-1, will be used. After January 1, 2025,
both cross-section values, 304.39 0.94 atm-1
cm-1 and 308 4 atm-1
cm-1, may be used. After January 1, 2026, only the cross-
section value of 304.39 0.94 atm-1
cm-1 may be used.
* * * * *
4.0 Calibration Procedure.
4.1 Principle. The calibration procedure is based on the
photometric assay of O3 concentrations in a dynamic flow
system. The concentration of O3 in an absorption cell is
determined from a measurement of the amount of 254 nm light absorbed by
the sample. This determination requires knowledge of (1) the absorption
coefficient ([alpha]) of O3 at 254 nm, (2) the optical path
length (l) through the sample, (3) the transmittance of the sample at a
nominal wavelength of 254 nm, and (4) the temperature (T) and pressure
(P) of the sample. The transmittance is defined as the ratio I/
I0, where I is the intensity of light which passes through
the cell and is sensed by the detector when the cell contains an
O3 sample, and I0 is the intensity of light which
passes through the cell and is sensed by the detector when the cell
contains zero air. It is assumed that all conditions of the system,
except for the contents of the absorption cell, are identical during
measurement of I and I0. The quantities defined above are
related by the Beer-Lambert absorption law,
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Where:
[alpha] = absorption coefficient of O3 at 254 nm = 304.39
atm-1 cm-1, with an uncertainty of 0.94
atm-1 cm-1 at 0 [deg]C and 1 atm.
1, 2, 3, 4, 5, 6, 7, 15
c = O3 concentration in atmospheres, and
l = optical path length in cm.
A stable O3 generator is used to produce O3
concentrations over the required calibration concentration range. Each
O3 concentration is determined from the measurement of the
transmittance (I/I0) of the sample at 254 nm with a
photometer of path length l and calculated from the equation,
[GRAPHIC] [TIFF OMITTED] TR12OC23.001
The calculated O3 concentrations must be corrected for
O3 losses, which may occur in the photometer, and for the
temperature and pressure of the sample.
* * * * *
4.5 Procedure.
* * * * *
4.5.3.10. Calculate the O3 concentration from equation
4. An average of several determinations will provide better precision.
[GRAPHIC] [TIFF OMITTED] TR12OC23.002
Where:
[O3]OUT = O3 concentration, ppm
[alpha] = absorption coefficient of O3 at 254 nm = 304.39
atm-1 cm-1 at 0 [deg]C and 1 atm
l = optical path length, cm
T = sample temperature, K
P = sample pressure, torr
L = correction factor for O3 losses from 4.5.2.5 = (1-
fraction of O3 lost).
Note: Some commercial photometers may automatically evaluate all
or part of equation 4. It is the operator's responsibility to verify
that all of the information required for equation 4 is obtained,
either automatically by the photometer or manually. For
``automatic'' photometers which evaluate the first term of equation
4 based on a linear approximation, a manual correction may be
required, particularly at higher O3 levels. See the photometer
instruction manual and Reference 13 for guidance.
* * * * *
6.0 References.
* * * * *
13. Technical Assistance Document for the Calibration of Ambient
Ozone Monitors, EPA publication number EPA-454/B-22-003, January 2023.
14. QA Handbook for Air Pollution Measurement Systems--Volume II.
Ambient Air Quality Monitoring Program. EPA-454/B-17-001, January 2017.
[[Page 70600]]
15. Hodges, J.T., Viallon, J., Brewer, P.J., Drouin, B.J.,
Gorshelev, V., Janssen, C., Lee, S., Possolo, A., Smith, M.A.H.,
Walden, and Wielgosz, R.I., Recommendation of a consensus value of the
ozone absorption cross-section at 253.65 nm based on a literature
review, Metrologia, 56 (2019) 034001. [Available at https://doi.org/10.1088/1681-7575/ab0bdd.]
7.0 Figures.
[GRAPHIC] [TIFF OMITTED] TR12OC23.003
Figure 1. Gas-phase chemiluminescence analyzer schematic diagram, where
PMT means photomultiplier tube.
[[Page 70601]]
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Figure 2. Schematic diagram of a typical UV photometric calibration
system.
[[Page 70602]]
[GRAPHIC] [TIFF OMITTED] TR12OC23.005
Figure 3. Schematic diagram of a typical UV photometric calibration
system (Option 1).
[FR Doc. 2023-22531 Filed 10-11-23; 8:45 am]
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