[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Proposed Rules]
[Pages 64244-64249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25423]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 58
[EPA-HQ-OAR-2012-0486, FRL-9741-6]
RIN 2060-AR59
Revision to Ambient Nitrogen Dioxide Monitoring Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to revise the deadlines established in
the national ambient air quality standard (NAAQS) for nitrogen dioxide
(NO2) for the near-road component of the NO2
monitoring network and to implement a phased deployment approach. This
approach would create a series of deadlines that would make the near-
road NO2 network operational between January 1, 2014, and
January 1, 2017. The EPA is also proposing to revise the approval
authority for annual monitoring network plans for NO2
monitoring.
DATES: Comments must be received on or before November 19, 2012.
Public Hearing. If anyone contacts the EPA by October 29, 2012
requesting to speak at a public hearing, a hearing will be held on
November 19, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0486 by one of the following methods:
www.regulations.gov: Follow the online instructions for
submitting comments.
Email: [email protected].
Fax: (202) 566-9744.
Mail: Docket No. EPA-HQ-OAR-2012-0486, Environmental
Protection Agency, Mail code 6102T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460. Please include a total of two copies.
[[Page 64245]]
Hand Delivery: Docket No. EPA-HQ-OAR-2012-0486,
Environmental Protection Agency, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2012-0486. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation Docket
and Information Center, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public Reading Room 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 and Radiation Docket and Information
Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Nealson Watkins, Air Quality
Assessment Division, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail code C304-06, Research Triangle
Park, NC 27711; telephone: (919) 541-5522; fax: (919) 541-1903; email:
[email protected].
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
This action applies to state, territorial, and local air quality
management programs that are responsible for ambient air monitoring
under 40 CFR part 58. Categories and entities potentially regulated by
this action include:
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NAICS\a\
Category code
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State/territorial/local/tribal government..................... 924110
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\a\ North American Industry Classification System.
B. What should I consider as I prepare my comments for the EPA?
1. Submitting CBI. Do not submit this information to the EPA
through http://www.regulations.gov or email. Clearly mark any 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 so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
C. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed rule will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this proposed rule will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control. A
redline/strikeout document comparing the proposed revisions to the
appropriate sections of the current rules is located in the docket.
Table of Contents
The following topics are discussed in this preamble:
I. Background
II. Proposed Changes to the Ambient NO2 Monitoring
Requirements
A. Network Implementation Dates
B. Change in Annual Monitoring Network Plan Approval Authority
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulations and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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 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
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in
[[Page 64246]]
Minority Populations and Low-Income Populations
I. Background
On February 9, 2010, the EPA promulgated minimum monitoring
requirements for the NO2 monitoring network in support of
the revised NO2 NAAQS (75 FR 6474). The NO2 NAAQS
was revised to include a 1-hour standard with a 98th percentile form
averaged over three years and a level of 100 parts per billion (ppb),
reflecting the maximum allowable NO2 concentration anywhere
in an area, while retaining the annual standard of 53 ppb.
As part of the NAAQS rulemaking, the EPA promulgated revisions to
requirements for minimum numbers of ambient NO2 monitors
that included new monitoring near major roads in larger urban areas. In
addition, these monitoring requirements included requirements to
characterize NO2 concentrations representative of wider
spatial scales in larger urban areas (area-wide monitors), and monitors
intended to characterize NO2 exposures of susceptible and
vulnerable populations. Specifically, the requirements for these
minimum monitoring requirements are as follows:
The first tier of the ambient NO2 monitoring network
requires near-road monitoring.\1\ There must be one microscale near-
road NO2 monitoring station in each Core Based Statistical
Area (CBSA) with a population of 500,000 or more persons to monitor a
location of expected maximum hourly concentrations sited near a major
road. An additional near-road NO2 monitoring station is
required at a second location of expected maximum hourly concentrations
for any CBSA with a population of 2,500,000 or more persons, or in any
CBSA with a population of 500,000 or more persons that has one or more
roadway segments with 250,000 or greater Annual Average Daily Traffic
(AADT). Based upon 2010 census data and data maintained by the U.S.
Department of Transportation Federal Highway Administration on the most
heavily trafficked roads in the U.S. (http://www.fhwa.dot.gov/policyinformation/tables/02.cfm), approximately 126 near-road
NO2 sites are required within 103 CBSAs nationwide.
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\1\ See 40 CFR part 58, appendix D, section 4.3.2.
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The second tier of the NO2 minimum monitoring
requirements is for area-wide NO2 monitoring.\2\ There must
be one monitoring station in each CBSA with a population of 1,000,000
or more persons to monitor a location of expected highest
NO2 concentrations representing the neighborhood or larger
spatial scales. These NO2 monitors are referred to as area-
wide monitors. Based on 2010 census data, approximately 52 area-wide
NO2 sites are required within 52 CBSAs.
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\2\ See 40 CFR part 58, appendix D, section 4.3.3.
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The third tier of the NO2 minimum monitoring
requirements is for the characterization of NO2 exposure for
susceptible and vulnerable populations.\3\ The EPA Regional
Administrators, in collaboration with states, must require a minimum of
40 additional NO2 monitoring stations nationwide in any
area, inside or outside of CBSAs, above the minimum monitoring
requirements for near-road and area-wide monitors, with a primary focus
on siting these monitors in locations to protect susceptible and
vulnerable populations.
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\3\ See 40 CFR part 58, appendix D, section 4.3.4.
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All three tiers of the NO2 minimum monitoring
requirements are to be submitted to the EPA for approval. Currently, 40
CFR 58.10 and 58.13 require states to submit a plan for establishing
all required NO2 monitoring sites to the EPA Administrator
by July 1, 2012. Further, these plans shall provide for all required
monitoring stations to be operational by January 1, 2013.
II. Proposed Changes to the Ambient NO2 Monitoring
Requirements
A. Network Implementation Dates
We are proposing a phased implementation approach to allow more
time for states to establish the required near-road NO2
monitors on a schedule consistent with available resources. No changes
are proposed for the implementation timing requirements for area-wide
monitoring and for monitoring to characterize NO2 exposures
for susceptible and vulnerable populations.
Language in 40 CFR part 58, sections 58.10 and 58.13, requires
states to submit their NO2 monitoring network plan by July
1, 2012, and to have all required NO2 monitors physically
established and operational by January 1, 2013. The EPA believes that
most states have monitoring stations currently in operation that either
already house an NO2 monitor, or could easily accommodate an
NO2 monitor, which would allow the state to satisfy the
requirements for area-wide monitoring and for characterizing
NO2 exposures for susceptible and vulnerable populations
without the need for additional funds or network alterations. Near-
roadway monitors, however, generally do not exist and represent a
significant, new monitoring activity needing substantial resources to
implement. The EPA is aware that a very large majority of state and
local air agencies required to install one or more near-road
NO2 stations currently do not have the financial resources
to install and operate these new monitoring sites.
During the 2010 NO2 NAAQS review process, the EPA
received comments from state and local agencies, along with
representative Regional Planning Organizations (RPOs) and national
associations, indicating that full funding from the EPA was essential
to ensure that the near-road NO2 network was implemented as
required. For example, in their public comments on the proposed primary
NAAQS for NO2 (74 FR 34404, July 15, 2012), the National
Association of Clean Air Agencies stated: ``Particularly in light of
the recent and anticipated demands of funding other new and expanded
monitoring networks, including the source and population lead network,
the air toxics in schools monitors, and the proposed rural ozone
network, it is imperative that the near-road [NO2] network
be federally funded with new appropriations at requisite levels. State
and local air agency budgets have been generally flat for a number of
years, with some agencies struggling to match funds to support core
programs. Without additional funding for near-road monitoring, provided
under section 103 of the Clean Air Act (CAA) so that matching funds are
not required, many agencies will be unable to fulfill this new
responsibility.'' In response to these and other state comments, the
EPA pursued an approach to fund all required near-road NO2
monitors through CAA section 103, and thus removed the state burden of
providing matching funds. As of federal fiscal year 2012, insufficient
federal funds have been identified to fund all of the required near-
road NO2 monitors across the country by the original
deadline promulgated in the primary NAAQS for NO2 (75 FR
6474). However, the EPA has been able to identify limited available
funding to support a phased deployment approach.
Where neither states nor the EPA can identify sufficient funding to
implement all required near-road NO2 sites, the EPA is
proposing changes to the dates by which required near-road
NO2 monitors are to be identified in annual monitoring
network plans and physically established. The EPA is proposing a phased
implementation approach, where subsets of the required near-road
NO2 monitors will be funded over the course of multiple
years,
[[Page 64247]]
beginning in federal fiscal year 2012 and anticipated to extend through
federal fiscal year 2015. The EPA believes that it will be able to
identify sufficient grant funding to support this approach and,
therefore, allow states to complete the near-road network.
The EPA is proposing the following adjustments to the dates by
which near-road NO2 monitors are to be included in Annual
Monitoring Network Plans and physically established. Specifically, we
are proposing that:
(1) Those near-road NO2 monitors which are either a
single required monitor or the first of two required monitors in CBSAs
having 1 million or more persons shall be reflected in the state Annual
Monitoring Network Plan submitted July 1, 2013, and that the monitors
shall be operational by January 1, 2014.
(2) Those near-road NO2 monitors which are the second
near-road NO2 monitor in any CBSA with a population of
2,500,000 persons or more, or in any CBSA with a population of 500,000
or more persons that has one or more roadway segments with 250,000 or
greater AADT counts, shall be reflected in the state Annual Monitoring
Network Plan submitted July 1, 2014, and the monitors shall be
operational by January 1, 2015.
(3) Those remaining near-road NO2 monitors required in
CBSAs having 500,000 or more persons shall be reflected in the state
Annual Monitoring Plan submitted July 1, 2016, and the monitors shall
be operational by January 1, 2017.
Under these proposed changes, the EPA estimates that 52 near-road
NO2 monitors would be operational by January 1, 2014, in
CBSAs having 1 million or more persons; an estimated 23 additional
near-road NO2 monitors would be operational by January 1,
2015, in any CBSA having 2.5 million persons or more, or those CBSAs
with a population of 500,000 or more persons that has one or more
roadway segments with 250,000 or greater AADT counts; and an estimated
51 additional near-road NO2 sites would be operational by
January 1, 2017, in those CBSAs having a population between 500,000 and
1 million persons. The EPA believes this proposed phased approach
appropriately focuses the limited resources currently available.
Further, the proposed approach plans to initially install by January 1,
2014, 52 monitors in 52 different CBSAs across the country in order to
provide a level of national representation that includes variations in
climate, population densities, and pollutant mixtures along with the
near-road monitoring site variables including traffic count, fleet mix,
roadway design, congestion patterns, and local meteorology. The EPA is
proposing that the second phase of the proposed network implementation
approach establish any second near-road NO2 monitor in a
CBSA because these are the largest CBSAs or are CBSAs containing the
most heavily trafficked roads where the additional characterization is
desired due to the generally greater number of major roads across a
potentially larger geographic area, or exceptionally high traffic
volumes, which correspond to increased potential for exposure. The EPA
is proposing the third and final phase of the network implementation to
be all additional required near-road NO2 monitors in CBSAs
having a population between 500,000 and 1 million persons. The EPA
solicits comments on the phased implementation of the required near-
road NO2 network as proposed, specifically with regard to
the dates by which each proposed phase is to be included in annual
monitoring network plans and operational.
The EPA is not proposing any changes to the implementation dates
for area-wide NO2 monitors or those NO2 monitors
to be operated to characterize susceptible and vulnerable populations.
As noted above, the EPA believes that most states have monitoring
stations currently in operation that either house an NO2
monitor or could easily accommodate a relocated NO2 monitor,
which would allow the state to satisfy these two tiers of the required
NO2 monitoring network without need for additional funds or
network alterations. The EPA is currently working with states to review
their NO2 networks and evaluate which of the currently
operated monitors would be most appropriate to continue operating in
support of required area-wide and susceptible and vulnerable population
monitoring or to identify locations where an NO2 monitor
could be relocated to support these requirements.
B. Change in Annual Monitoring Network Plan Approval Authority
The EPA is also proposing to amend the regulatory text to have
state and local air monitoring agencies submit their NO2
monitoring network plans to their respective EPA Regional Administrator
instead of the EPA Administrator for approval as it is currently stated
in 40 CFR 58.10(a)(5). This change would make the NO2
monitoring network plan submittals consistent with the requirements for
submittal of Annual Monitoring Network Plans for ozone, carbon
monoxide, sulfur dioxide, particulate matter, and lead to EPA Regional
Administrators. The EPA believes it most appropriate for states to
submit such information regarding NO2 monitoring to EPA
Regional Administrators for approval as required for all other
monitoring plans. The EPA requests comment on the proposed change in
the approval authority for NO2 monitoring plans.
III. Statutory and Executive Order Reviews
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'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). The proposed amendments to revise
ambient NO2 monitoring requirements do not add any
information collection requirements beyond those imposed by the
existing NO2 monitoring requirements.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as (1) A small business as defined by
the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this rule on small
entities, I
[[Page 64248]]
certify that this action will not have a significant economic impact on
a substantial number of small entities. This proposed rule will neither
impose emission measurement requirements beyond those specified in the
current regulations, nor will it change any emission standard. As such,
it will not present a significant economic impact on small entities.
D. Unfunded Mandates Reform Act
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. This action imposes no enforceable duty on any state, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments. This action proposes to increase
the time by which state and local air monitoring agencies must install
and operate a subset of required NO2 monitors and does not
add any new requirements.
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, as
specified in Executive Order 13132. This action proposes to increase
the time by which state and local air monitoring agencies must install
and operate a subset of required NO2 monitors and does not
add any new requirements. Thus, Executive Order 13132 does not apply to
this action. In the spirit of Executive Order 13132, and consistent
with the EPA policy to promote communications between the EPA and state
and local governments, the EPA specifically solicits comment on this
proposed rule from state and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed
rule imposes no requirements on tribal governments. This action
proposes to increase the time by which state and local air monitoring
agencies must install and operate a subset of required NO2
monitors and does not add any new requirements. Thus, Executive Order
13175 does not apply to this action. In the spirit of Executive order
13175, the EPA specifically solicits additional comment on this
proposed action from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks, but merely
proposes to increase the time by which state and local air monitoring
agencies must install and operate a subset of required NO2
monitors.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action proposes to increase the
time by which state and local air monitoring agencies must install and
operate a subset of required NO2 monitors and does not add
any new requirements.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
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 and low-income
populations in the United States.
The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule proposes to increase the time by which state and
local air monitoring agencies must install and operate a subset of
required NO2 monitors and does not add any new requirements.
List of Subjects
40 CFR Part 58
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations.
Dated: October 5, 2012.
Lisa P. Jackson,
Administrator.
PART 58--AMBIENT AIR QUALITY SURVEILLANCE
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.
Subpart B--[AMENDED]
2. Section 58.10, is amended by revising paragraph (a)(5) and
paragraph (b)(12) to read as follows:
Sec. 58.10 Annual monitoring network plan and periodic network
assessment.
* * * * *
(a) * * *
(5)(i) A plan for establishing a single near-road NO2
site in CBSAs having 1 million or more persons, in accordance with the
requirements of appendix D section 4.3.2 to this part, shall be
submitted as part of the Annual Monitoring Network Plan to the EPA
Regional Administrator by July 1, 2013. The plan shall provide for
these
[[Page 64249]]
required monitoring stations to be operational by January 1, 2014.
(ii) A plan for establishing a second near-road NO2 site
in any CBSA with a population of 2,500,000 persons or more, or a site
in any CBSA with a population of 500,000 or more persons that has one
or more roadway segments with 250,000 or greater AADT counts, in
accordance with the requirements of appendix D section 4.3.2 to this
part, shall be submitted as part of the Annual Monitoring Network Plan
to the EPA Regional Administrator by July 1, 2014. The plan shall
provide for these required monitoring stations to be operational by
January 1, 2015.
(iii) A plan for establishing a single near-road NO2
site in all other CBSAs having 500,000 or more persons, but less than 1
million persons, in accordance with the requirements of appendix D
section 4.3.2 to this part, shall be submitted as part of the Annual
Monitoring Network Plan to the EPA Regional Administrator by July 1,
2016. The plan shall provide for these monitoring stations to be
operational by January 1, 2017.
(iv) A plan for establishing or identifying area-wide
NO2 monitoring sites, in accordance with the requirements of
appendix D section 4.3.3 to this part, shall be submitted as part of
the Annual Monitoring Network Plan to the EPA Regional Administrator by
July 1, 2012. The plan shall provide for these required monitoring
stations to be operational by January 1, 2013.
(v) A plan for establishing or identifying any NO2
monitor intended to characterize vulnerable and susceptible
populations, as required in appendix D section 4.3.4 to this part,
shall be submitted as part of the Annual Monitoring Network Plan to the
EPA Regional Administrator by July 1, 2012. The plan shall provide for
these monitors to be operational by January 1, 2013.
* * * * *
(b) * * *
(12) The identification of required NO2 monitors as
near-road, area-wide, or vulnerable and susceptible population sites in
accordance with Appendix D, Section 4.3 of this part.
* * * * *
3. Section 58.13 is amended by revising paragraph (c) to read as
follows:
Sec. 58.13 Monitoring network completion.
* * * * *
(c)(1) Near-road NO2 monitors required in Appendix D,
section 4.3.2 which are the single required site or the first of two
required sites in any CBSA having 1 million or more persons must be
physically established and operating under the requirements of this
part, including the requirements of appendices A, C, D, and E to this
part, by January 1, 2014.
(2) Near-road NO2 monitors required in Appendix D,
section 4.3.2 as a second near-road NO2 site in any CBSA
with a population of 2,500,000 persons or more, or a site in any CBSA
with a population of 500,000 or more persons that has one or more
roadway segments with 250,000 or greater AADT counts, must be
physically established and operating under the requirements of this
part, including the requirements of appendices A, C, D, and E to this
part, by January 1, 2015.
(3) Near-road NO2 monitors required in Appendix D,
section 4.3.2 in all other CBSAs having 500,000 or more persons, but
less than 1 million, must be physically established and operating under
the requirements of this part, including the requirements of appendices
A, C, D, and E to this part, by January 1, 2017.
(4) Area-wide NO2 monitors required in Appendix D,
section 4.3.3 must be physically established and operating under the
requirements of this part, including the requirements of appendices A,
C, D, and E to this part, by January 1, 2013.
(5) NO2 monitors intended to characterize vulnerable and
susceptible populations that are required in Appendix D, section 4.3.4
must be physically established and operating under the requirements of
this part, including the requirements of appendices A, C, D, and E to
this part, by January 1, 2013.
* * * * *
[FR Doc. 2012-25423 Filed 10-18-12; 8:45 am]
BILLING CODE 6560-50-P