[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Proposed Rules]
[Pages 64244-64249]
From the Federal Register Online via the Government Printing 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: a-and-r-Docket@epa.gov.
     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: 
watkins.nealson@epa.gov.

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]
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