Tuesday, October 17, 2006
Part III
Environmental Protection Agency 40 CFR Parts 53 and 58 Revisions to Ambient Air Monitoring Regulations; Final Rule
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ENVIRONMENTAL PROTECTION air concentrations well below the Note: The EPA Docket Center suffered AGENCY applicable National Ambient Air damage due to flooding during the last week Quality Standards. These amendments of June 2006. The Docket Center is 40 CFR Parts 53 and 58 also revise certain provisions regarding continuing to operate. However, during the cleanup, there will be temporary changes to [EPA–HQ–OAR–2004–0018; FRL–8227–2] monitoring network descriptions and periodic assessments, quality assurance, Docket Center telephone numbers, addresses, RIN 2060–AJ25 and data certifications. A number of the and hours of operation for people who wish to visit the Public Reading Room to view amendments relate specifically to PM2.5, documents. Consult EPA’s Federal Register Revisions to Ambient Air Monitoring revising the requirements for reference Regulations notice at 71 FR 38147 (July 5, 2006) or the and equivalent method determinations EPA Web site at http://www.epa.gov/ AGENCY: Environmental Protection (including specifications and test epahome/dockets.htm for current Agency (EPA). procedures) for fine particle monitors. information on docket status, locations, and DATES: telephone numbers. ACTION: Final rule. This final rule is effective on December 18, 2006. SUMMARY: The EPA is issuing final ADDRESSES: The EPA has established a FOR FURTHER INFORMATION CONTACT: For amendments to the ambient air docket for this action under Docket ID general questions concerning the final monitoring requirements for criteria No. EPA–HQ–OAR–2004–0018. All amendments, please contact Mr. Lewis pollutants. The purpose of the documents in the docket are listed in Weinstock, U.S. EPA, Office of Air amendments is to enhance ambient air the http://www.regulations.gov index. Quality Planning and Standards, Air quality monitoring to better serve Although listed in the index, some Quality Assessment Division, Ambient current and future air quality information is not publicly available, Air Monitoring Group (C304–06), management and research needs. The e.g., confidential business information Research Triangle Park, North Carolina final amendments establish limited or other information whose disclosure is 27711; telephone number: (919) 541– ambient air monitoring requirements for restricted by statute. Certain other 3661; fax number: (919) 541–1903; e- thoracic coarse particles in the size material, such as copyrighted material, mail address: [email protected]. range of PM10¥2.5 to support continued will be publicly available only in hard For technical questions, please contact research into these particles’ copy. Publicly available docket Mr. Tim Hanley, U.S. EPA, Office of Air distribution, sources, and health effects. materials are available either Quality Planning and Standards, Air The ambient air monitoring electronically in http:// Quality Assessment Division, Ambient amendments also require each State to www.regulations.gov or in hard copy at Air Monitoring Group (C304–06), operate one to three monitoring stations the Revisions to the Ambient Air Research Triangle Park, North Carolina that take an integrated, multipollutant Monitoring Regulations Docket, EPA/ 27711; telephone number: (919) 541– approach to ambient air monitoring. In DC, EPA West, Room B102, 1301 4417; fax number: (919) 541–1903; e- addition, the final amendments modify Constitution Ave., NW., Washington, mail address: [email protected]. the general monitoring network design DC. The Public Reading Room is open SUPPLEMENTARY INFORMATION: requirements for minimum numbers of from 8:30 a.m. to 4:30 p.m., Monday ambient air monitors to focus on through Friday, excluding legal I. General Information populated areas with air quality holidays. The telephone number for the A. Does this action apply to me? problems and to reduce significantly the Public Reading Room is (202) 566–1744, requirements for criteria pollutant and the telephone number for the Air Categories and entities potentially monitors that have measured ambient Docket is (202) 566–1742. regulated by this action include:
Category NAICS code 1 Examples of regulated entities
Industry ...... 334513, 541380 Manufacturer, supplier, distributor, or vendor of ambient air monitoring in- struments; analytical laboratories or other monitoring organizations that elect to submit an application for a reference or equivalent method de- termination under 40 CFR part 53. Federal government ...... 924110 Federal agencies (that conduct ambient air monitoring similar to that con- ducted by States under 40 CFR part 58 and that wish EPA to use their monitoring data in the same manner as State data) or that elect to sub- mit an application for a reference or equivalent method determination under 40 CFR part 53. State/territorial/local/tribal government ...... 924110 State, territorial, and local, air quality management programs that are re- sponsible for ambient air monitoring under 40 CFR part 58 or that elect to submit an application for a reference or equivalent method deter- mination under 40 CFR part 53 or for an approved regional method ap- proved under 40 CFR part 58 appendix C. The proposal also may af- fect Tribes that conduct ambient air monitoring similar to that con- ducted by States and that wish EPA to use their monitoring data in the same manner as State monitoring data. 1 North American Industry Classification System.
This table is not intended to be aware could potentially be regulated by territorial agency is regulated by this exhaustive, but rather provides a guide this action. Other types of entities not action, you should carefully examine for readers regarding entities likely to be listed in the table could also be the requirements for reference or regulated by this action. This table lists regulated. To determine whether your equivalent method determinations in 40 the types of entities that EPA is now facility or Federal, State, local, or CFR part 53, subpart A (General
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Provisions) and the applicability criteria established by the final amendments I. General Information in 40 CFR 51.1 of EPA’s requirements may not be challenged separately in any A. Does this action apply to me? for State implementation plans. If you civil or criminal proceedings brought by B. Where can I obtain a copy of this action? have questions regarding the EPA to enforce these requirements. C. Public Comments on Proposed Amendments applicability of this action to a E. Peer Review D. Judicial Review particular entity, consult the person E. Peer Review listed in the preceding FOR FURTHER The EPA sought expert scientific F. How is this document organized? INFORMATION CONTACT section. review of the proposed methods, II. Authority technologies, and approach for ambient III. Overview B. Where can I obtain a copy of this air monitoring by the Clean Air A. Summary of Concurrent Final Action on action? Scientific Advisory Committee Revisions to the National Ambient Air In addition to being available in the (CASAC). The CASAC is a Federal Quality Standards for Particulate Matter docket, an electronic copy of this final advisory committee established to B. Summary of Changes to Ambient Air action will also be available on the review scientific and technical Monitoring Regulations Worldwide Web (WWW) through the information and make recommendations C. Significant Dates for States, Local Governments, Tribes, and Other Technology Transfer Network (TTN). to the EPA Administrator on issues Stakeholders Following the Administrator’s signature, related to the air quality criteria and D. Implementation of the Revised a copy of the final amendments will be corresponding NAAQS. CASAC formed Monitoring Requirements placed on the TTN’s policy and a National Ambient Air Monitoring E. Federal Funding for Ambient Air guidance page for newly proposed or Strategy (NAAMS) Subcommittee in Monitoring promulgated rules at http:// 2003 to provide advice for a strategy for IV. Discussion of Regulatory Revisions and www.epa.gov/ttn/oarpg. The TTN the national ambient air monitoring Major Comments on Proposed provides information and technology programs. This subcommittee, which Amendments to 40 CFR Part 53 exchange in various areas of air operated over a 1-year period, and a A. Overview of Part 53 Regulatory Requirements pollution control. new subcommittee on Ambient Air B. Requirements for Candidate Reference Monitoring and Methods (AAMM), C. Public Comments on Proposed Methods for PM10¥2.5 formed in 2004, provided the input for Amendments C. Requirements for Candidate Equivalent CASAC on its consultations, advisories, Methods PM2.5 and PM10¥2.5 EPA received approximately 20,000 and peer-reviewed recommendations to D. Other Changes public comments on the proposed the EPA Administrator. V. Discussion of Regulatory Revisions and amendments to the ambient air In July 2003, the CASAC NAAMS Major Comments on Proposed monitoring regulations during the 90- Subcommittee held a public meeting to Amendments to 40 CFR Part 58 day comment period. These comments review EPA’s draft National Ambient A. Overview of Part 58 Regulatory were submitted to the rulemaking Air Monitoring Strategy document Requirements docket and also during public hearings (dated September 6, 2002), which B. General Monitoring Requirements 1. Definitions and Terminology held in Chicago, Illinois; Philadelphia, contained technical information 2. Annual Monitoring Network Plan and Pennsylvania; and San Francisco, underlying planned changes to the Periodic Network Assessment California (71 FR 8228, February 16, ambient air monitoring networks. The 3. Operating Schedules 2006). Public comments on the EPA continued to consult with the 4. Monitoring Network Completion for proposed amendments were submitted CASAC AAMM Subcommittee PM10¥2.5 and NCore Sites by States, local governments, Tribes, throughout the development of the 5. System Modifications and related associations; energy, proposed amendments. Public meetings 6. Annual Air Monitoring Data mining, ranching, and agricultural were held in July 2004, December 2004, Certification interests and related associations; and September 2005 to discuss the 7. Data Submittal 8. Special Purpose Monitors vendors, laboratories, and technical CASAC review of nearly 20 documents 9. Special Considerations for Data consultants; health, environmental, and concerning methods and technology for Comparisons to the National Ambient public interest organizations; and measurement of particulate matter (PM); Air Quality Standards private citizens. The EPA has carefully data quality objectives for PM C. Appendix A—Quality Assurance considered these comments in monitoring networks and related Requirements for State and Local Air developing the final amendments. performance-based standards for Monitoring Stations and Prevention of Summaries of these comments and approval of equivalent continuous PM Significant Deterioration Air Monitoring EPA’s detailed responses are contained monitors; configuration of ambient air 1. General Quality Assurance in the Response to Comments document monitoring stations; 1 and other Requirements 2. Specific Requirements for PM ¥ , included in the docket. technical aspects of the proposed 10 2.5 PM2.5, PM10, and Total Suspended D. Judicial Review amendments. These documents, along Particulates with CASAC review comments and 3. Particulate Matter Performance Under section 307(b)(1) of the Clean other information are available at: Evaluation Program and National Air Act (CAA), judicial review of the http://www.epa.gov/ttn/amtic/ Performance Audit Programs final amendments is available only by casacinf.html. 4. Revisions to Precision and Bias Statistics filing a petition for review in the U.S. 5. Other Program Updates Court of Appeals for the District of F. How is this document organized? D. Appendix C—Ambient Air Quality Columbia Circuit by December 18, 2006. The information presented in this Monitoring Methodology Under section 307(d)(7)(B) of the CAA, preamble is organized as follows: 1. Applicability of Federal Reference only an objection to the final Methods and Federal Equivalent 1 Methods amendments that was raised with ‘‘Station’’ and ‘‘site’’ are used somewhat 2. Approved Regional Methods for PM reasonable specificity during the period interchangeably in this notice of final rulemaking. 2.5 When there is a difference (which will be apparent E. Appendix D—Network Design Criteria for public comment can be raised during from context), ‘‘site’’ generally refers to the location for Ambient Air Quality Monitoring judicial review. Moreover, under section of a monitor, while ‘‘station’’ refers to a suite of 1. Requirements for Operation of 307(b)(2) of the CAA, the requirements measurements at a particular site. Multipollutant NCore Stations
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2. Requirements for Operation of PM10¥2.5 III. Overview provisions (notably those which would Stations have prescribed which monitors could A. Summary of Concurrent Final Action 3. Requirements for Operation of PM2.5 have been used for comparison with on Revisions to the National Ambient Stations that proposed NAAQS) proposed as Air Quality Standards for Particulate 4. Requirements for Operation of PM10 amendments to 40 CFR part 58. The Matter Stations EPA is, however, finalizing the 5. Requirements for Operation of Carbon Elsewhere in this Federal Register, proposed FRM for PM10¥2.5 (see Monoxide, Sulfur Dioxide, Nitrogen EPA is finalizing revisions to the appendix O to 40 CFR part 50). This Dioxide, and Lead Monitoring Sites National Ambient Air Quality Standards FRM is based on paired filter-based 6. Requirements for Operation of Ozone (NAAQS) for particulate matter (PM). samplers for PM2.5 and PM10 and it will Stations These revisions were proposed on serve as the standard of reference for 7. Requirements for Operation of January 17, 2006 (71 FR 2620). For a measurements of PM10¥2.5 Photochemical Assessment Monitoring detailed explanation of these revisions, concentrations in ambient air. This Stations see that preamble elsewhere in this should provide a basis for approving F. Appendix E—Probe and Monitoring Federal Register. Federal Equivalent Methods (FEMs) and Path Siting Criteria for Ambient Air The EPA is finalizing the PM2.5 Monitoring promote the gathering of scientific data NAAQS revisions as proposed. With to support future reviews of the PM 1. Vertical Placement of PM ¥ Samplers 10 2.5 regard to the primary standards for fine NAAQS. Because it is a filter based 2. Ozone Monitor Setback Requirement particles (generally referring to particles from Roads system, this method can itself be used less than or equal to 2.5 micrometers to provide speciated data. The reference G. Sample Retention Requirements (µm) in diameter, PM ), EPA is revising H. Deletion of Appendices B and F 2.5 measurement from the PM10¥2.5 FRM is the level of the 24-hour PM2.5 standard also important in the development of VI. Statutory and Executive Order Reviews µ to 35 micrograms per cubic meter ( g/ alternative PM10¥2.5 speciation samplers A. Executive Order 12866: Regulatory 3 Planning and Review m ), providing increased protection such as dichotomous samplers. The EPA B. Paperwork Reduction Act against health effects associated with will be issuing guidance to ensure the C. Regulatory Flexibility Act short-term exposure (including use of a consistent national approach for D. Unfunded Mandates Reform Act premature mortality and increased speciated coarse particle monitors as E. Executive Order 13132: Federalism hospital admissions and emergency soon as possible. F. Executive Order 13175: Consultation room visits). The EPA is retaining the In conjunction with the above and Coordination With Indian Tribal level of the annual PM2.5 standard at 15 NAAQS revisions and FRM provisions, Governments µg/m3, continuing protection against as part of this final monitoring rule, as G. Executive Order 13045: Protection of health effects associated with long-term described below EPA is finalizing Children From Environmental Health exposure (including premature certain provisions which support and Safety Risks mortality and development of chronic collection of additional high quality H. Executive Order 12898: Federal Actions respiratory disease). The EPA is also data on ambient concentrations of to Address Environmental Justice in finalizing the proposed revisions in the PM10¥2.5. These data should be useful in Minority Populations and Low-Income conditions under which spatial improving the understanding of Populations averaging of the annual primary PM2.5 PM10¥2.5 air quality and in conducting I. Executive Order 13211: Actions That NAAQS is permitted, and placing these future reviews of the PM NAAQS. Significantly Affect Energy Supply, conditions in appendix N of 40 CFR part As explained in the preamble to the Distribution, or Use 50 rather than in appendix D of 40 CFR NAAQS revisions, EPA is revoking the J. National Technology Transfer part 58. annual NAAQS for particles generally Advancement Act With regard to secondary PM less than or equal to 10 µm in diameter K. Congressional Review Act standards, EPA is revising the current (PM10). However, EPA is retaining the II. Authority 24-hour PM2.5 secondary standard by 24-hour PM10 NAAQS as a standard for making it identical to the revised 24- short-term exposure to thoracic coarse The EPA rules for ambient air hour PM2.5 primary standard, retaining particles, rather than revoking that monitoring are authorized under the annual PM2.5 and 24-hour PM10 standard in all but 15 areas as proposed. sections 110, 301(a), and 319 of the secondary standards, and revoking the This change from the NAAQS revision Clean Air Act (CAA). Section annual PM10 secondary standard. This proposal necessitates that the final 110(a)(2)(B) of the CAA requires that suite of secondary PM standards is monitoring rule restore certain PM10 each State implementation plan (SIP) intended to provide protection against monitoring provisions that were provide for the establishment and PM-related public welfare effects, proposed for removal. operation of devices, methods, systems, including visibility impairment, effects B. Summary of Changes to Ambient Air and procedures needed to monitor, on vegetation and ecosystems, and Monitoring Regulations compile, and analyze data on ambient materials damage and soiling. air quality and for the reporting of air The EPA is finalizing the proposed This rule, in most respects, finalizes quality data to EPA. Section 103 Federal reference method (FRM) for the proposals put forth in the January authorizes, among others, research and PM2.5. This action in essence codifies 17, 2006, notice of proposed rulemaking investigations relating to the causes, certain desirable features that have (71 FR 2710). This final rule will effects, extent, prevention and control of already been in widespread use as facilitate monitoring program changes air pollution. Section 301(a) of the CAA elements of approved equivalent envisioned in the draft National authorizes EPA to develop regulations methods or national user modifications. Ambient Air Monitoring Strategy which needed to carry out EPA’s mission and The EPA is not finalizing the was fully described in the proposal. establishes rulemaking requirements. proposed NAAQS for PM10¥2.5, for These final changes, which apply to the Uniform criteria to be followed when reasons explained in the accompanying monitoring program for all of the criteria measuring air quality and provisions for preamble to the revisions to the pollutants, will reduce the required daily air pollution index reporting are NAAQS. As a result, EPA is not scale of monitoring for pollutants for required by CAA section 319. finalizing a number of related which most areas have reached
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attainment. The changes are intended to Carolina, Ohio, Pennsylvania, and Texas emission source types, and that many better focus monitoring resources on will be required to operate two or three but not all will be in well populated current air quality challenges. The NCore stations. For these States, the locations. changes will also allow States and local selection between two or three stations The EPA is not adopting the proposed monitoring agencies more flexibility to will be part of the development and population-based and population design their monitoring programs to approval of the NCore monitoring plan density-based siting requirements for reflect local conditions. that is due by July 1, 2009. The EPA also PM10¥2.5 monitors, or any part of the In amendments to 40 CFR part 53 plans to negotiate with a number of proposed five-part suitability test for (Reference and Equivalent Methods), States, local agencies, and/or Tribes to PM10¥2.5 monitoring sites, which as this final rule incorporates the proposed operate additional NCore stations on a proposed would have controlled criteria for approval of Federal voluntary basis, bringing the total whether PM10¥2.5 data from a equivalent methods (FEM) for PM2.5, number of stations to about 75. By monitoring site could be compared to with some modifications to the method approving some required stations to be the proposed PM10¥2.5 NAAQS. These testing requirements and approval in rural areas and by negotiating for proposed requirements were tied to the criteria in response to persuasive public additional voluntary sites in rural areas, establishment of a PM10¥2.5 NAAQS comments. The modifications will EPA expects that about 55 NCore sites with a qualified PM10¥2.5 indicator require a more robust set of testing will be in urbanized areas and about 20 based on a determination of whether conditions and closer performance in rural areas. The rural sites are ambient mixes of coarse particles are or matching of candidate FEMs to FRMs. intended to be sited away from any large are not dominated by coarse particle The EPA is also finalizing the rule with local emission sources, so that they emissions from enumerated types of some strengthening revisions to the represent ambient concentrations over sources. Since EPA is not adopting this proposed criteria for approved regional an extensive area. The NCore stations part of the proposal, these issues are methods (ARMs) for PM2.5. The new must perform the types of pollutant now moot. In the absence of a PM10¥2.5 criteria for PM2.5 FEMs and ARMs will measurements that were proposed, with NAAQS, our goal nevertheless will be to ¥ facilitate the commercialization and three exceptions. PM10¥2.5 locate PM10 2.5 monitors in a manner EPA approval of continuous PM2.5 mass measurements may be made on a 1-in- that satisfies an objective of the monitors, allowing them to be 3 day schedule rather than the proposed proposed rule, which was to focus most 2 substituted for many of the currently every day schedule, NOy monitoring resources on population operating filter-based FRMs, which will measurements may be waived by the centers. support additional monitoring EPA Administrator based on certain This final rule contains a requirement objectives and reduce annual criteria, and as explained later in this for PM10¥2.5 speciation to be conducted at NCore multipollutant monitoring monitoring costs. section, PM ¥ chemical speciation In other amendments to 40 CFR part 10 2.5 stations. The EPA had proposed a will be required in addition to PM10¥2.5 53, EPA is adopting FEM approval mass concentration measurements. requirement for PM10¥2.5 speciation in criteria for PM10¥2.5, with some The EPA estimated that the proposed 25 areas, with the areas required to have revisions from the proposal that will rule would have required States to this monitoring selected based on provide for approval and use of methods having a Metropolitan Statistical Area operate about 225 PM10¥2.5 monitors that can meet multiple monitoring based on the population and estimated (MSA) population over 500,000 and objectives. The new FEM performance having an estimated design value of PM10¥2.5 concentrations of metropolitan criteria for PM10¥2.5 will facilitate statistical areas (MSAs) with greater than 80 percent of the proposed approval of filter-based methods for populations of 100,000 or more. In PM10¥2.5 NAAQS. This would have direct sampling of PM10¥2.5 concentrated the PM10¥2.5 speciation addition, PM10¥2.5 monitors were concentrations that can be chemically proposed to be required at NCore monitoring in areas that have high speciated using post-sampling stations; some monitors likely would populations and high exposures to laboratory analysis. The FEM criteria are have satisfied both of these PM10¥2.5. Since EPA is requiring also expected to encourage requirements. Because EPA is not PM10¥2.5 monitoring at NCore primarily commercialization of highly time- for scientific purposes, it is more adopting a NAAQS for PM ¥ , the resolved continuous methods. The EPA 10 2.5 appropriate to have monitoring in a final monitoring rule does not include is hopeful that the PM and PM ¥ variety of urban and rural locations to 2.5 10 2.5 the proposed requirement for the broad FEM criteria together will result in the increase the diversity of areas for which network of PM ¥ monitoring stations approval and commercialization of 10 2.5 chemical species data will be available in MSAs over 100,000 population. methods that provide equivalent to use in scientific studies. The EPA had However, the final monitoring rule does measurements of PM2.5, PM10, and already proposed to require chemical require PM10¥2.5 monitors at the PM ¥ from a single instrument. speciation for PM at NCore stations. 10 2.5 required NCore multipollutant 2.5 In amendments to 40 CFR part 58 The collocation of both PM ¥ and monitoring stations. The data gathered 10 2.5 (Ambient Air Quality Surveillance), this PM speciation monitoring at NCore from these stations should be useful in 2.5 final rule, as proposed, requires States stations is consistent with the ¥ to establish and operate a network of improving understanding of PM10 2.5 multipollutant objectives of the NCore NCore multipollutant monitoring air quality and in conducting future network and will support further stations. The EPA intends the NCore reviews of the PM NAAQS. The EPA research in understanding the chemical network to consist of approximately 75 anticipates that due to natural variations composition and sources of PM , among the cities and rural areas where 10 stations, of which the rule requires PM10¥2.5, and PM2.5 at a variety of urban between 62 and 71 such stations. These the NCore stations will be sited, the and rural locations. The EPA will work NCore PM10¥2.5 monitors will represent stations must be operational by 2011. with States to ensure that PM10¥2.5 Most States, as well as the District of a range of concentrations and nearby speciation monitors employ the latest in Columbia, Puerto Rico, and the Virgin speciation technology to advance the 2 NOy refers to a broad class of nitrogen- Islands, will be required to operate a containing reactive compounds in ambient air, science so that future regulation will single station. California, Florida, explained in more detail in sections V.E.1 and V.E.7 provide more targeted protection against Illinois, Michigan, New York, North of this preamble. the effects only of those coarse particles
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and related source emissions that prove sampling less frequently will be PM10¥2.5 in this final rule differs from to be of concern to public health. required to change to daily sampling. the proposed system in that it aims to Because the 24-hour PM10 NAAQS is As proposed, minimum monitoring quantify data quality at the national being retained in all parts of the requirements for carbon monoxide (CO), level of aggregation rather than at the country, this final rule retains the sulfur dioxide (SO2), and nitrogen level of individual monitoring existing minimum monitoring network dioxide (NO2) are eliminated in this organizations as had been proposed. design requirements for PM10. These final rule. Minimum requirements for Another change from the proposal is longstanding requirements are based on lead (Pb) monitoring stations and that a provision has been added the population of a MSA and its Photochemical Assessment Monitoring allowing the EPA Regional historical PM10 air quality. For any Stations (PAMS) are reduced to those Administrator to waive the usual quality given combination of these two that were proposed. For all five criteria system requirements for special purpose parameters, a range of required monitors pollutants, however, existing monitors when those requirements are is prescribed, with the required number monitoring sites (except those already logistically infeasible due to unusual to be determined as part of the annual designated as special purpose monitors) site conditions and are not essential to monitoring plan. The EPA estimates that cannot be discontinued without EPA the monitoring objectives. once States and Regional Administrators Administrator (for PAMS or NCore The EPA is finalizing the proposed have considered how current stations) or Regional Administrator (for provisions regarding when data from population data and recent PM10 air all other types of monitoring) approval. special purpose monitors (SPMs) can be quality affect the required number of Regional Administrator approval is also compared to a NAAQS, with minor PM10 monitors in each area, between required for discontinuation of O3, clarifications. In summary, the final rule 200 and 500 FRM/FEM monitors will be PM2.5, and PM10 sites even if they are in provides that if an ozone or PM2.5 SPM required, compared to about 1,200 in excess of minimum network design operates for only two years or less, EPA operation now. While States may of requirements. While the rule requires will not use data from that monitor to course choose to continue to operate EPA approval, such approvals should be make attainment/nonattainment monitors in excess of the minimum facilitated where appropriate by rule determinations. This limitation is requirements, EPA notes that many provisions which clearly establish inherent in the form of these NAAQS, PM10 monitors have been recording certain criteria under which which require three years of data for a concentrations well below the PM10 discontinuation will be approved. These determination to be made. For the other NAAQS and are candidates for criteria are the same as those proposed NAAQS pollutants, as a policy matter, discontinuation at a State’s initiative. with four minor changes explained in EPA will not use only two years of data States may choose to retain PM10 detail in section V.B.5, System from a SPM to voluntarily redesignate monitors that are recording Modifications. These criteria are not an area to nonattainment. This concentrations below the PM10 NAAQS exclusive, and monitors not meeting any limitation is possible because as level to support monitoring objectives of the listed criteria may still be established in Section 107(d)(1) of the other than attainment/nonattainment approved for discontinuation on a case- Act, the only time EPA is obligated to determinations, such as baseline by-case basis if discontinuation does not redesignate areas as attainment or monitoring for prevention of significant compromise data collection needed for nonattainment is after it promulgates or deterioration permitting or public implementation of a NAAQS. Specific revises a NAAQS. Under an existing information. monitoring for these pollutants may standard, voluntary redesignations are This final rule changes the currently be required in individual SIPs; at the Administrator’s discretion: EPA requirements for the minimum number this monitoring rule does not affect any has no legal obligation to redesignate an of monitors for PM2.5 and ozone (O3) SIP requirements for such specific area even if a monitor should register a monitoring networks. In response to monitoring. violation of that standard (see CAA comments, the final requirements Appendix A to this final rule includes Section 107(d)(3)). In particular, in the require more O3 and PM2.5 monitoring most of the proposed revisions to the case of PM10, EPA stated in section VII.B in more polluted areas and more quality system for ambient air of the preamble to the NAAQS rule monitors in CSAs than was proposed. monitoring. In particular, the proposed (printed in today’s Federal Register) While this final rule requires fewer requirement for States to ensure a that because EPA is retaining the monitors than are now operating for O3 program of adequate and independent current 24-hour PM10 standards, new and PM2.5, as did the pre-existing audits of their monitoring stations is nonattainment designations for PM10 monitoring rule, EPA does not intend to included in this final rule. One way, but will not be required under the encourage net reductions in the number not the only way, a State can satisfy this provisions of the Clean Air Act. The of O3 and PM2.5 monitoring sites in the requirement is to agree that EPA will same is true for CO, NO2, SO2, and Pb. U.S. as a whole. The surplus in the conduct these audits using funds that However, all valid data from a SPM will existing networks relative to minimum otherwise would have been awarded to be considered in determining if a requirements gives States more the State as part of its annual air quality previously designated nonattainment flexibility to choose where to apply management grant. A small number of area has subsequently attained the monitoring resources for O3 and PM2.5. changes to the proposed quality system NAAQS. See also section V.B.8 below. For PM2.5, this final rule requires that requirements reflect public comments This final rule advances, to May 1, the sampling be conducted on a daily basis on details of the proposed revisions. date each year by which monitoring for monitors that have recently been Also, because the objective of PM10¥2.5 organizations must certify that their recording the highest concentrations in monitoring is to better understand submitted data is accurate to the best of their area and have been recording PM10¥2.5 air quality and to support their knowledge. However, this concentrations very near the 24-hour health effects studies, rather than to requirement will take effect one year NAAQS, to avoid a bias in attainment/ provide data for use in nonattainment later than proposed, in 2010 for data nonattainment designations that can designations, and because there collected in 2009. occur with less frequent sampling. consequently will be a much smaller This final rule retains the current Pursuant to this provision, EPA network of required PM10¥2.5 monitors requirement for an annual monitoring estimates that about 50 sites now than proposed, the quality system for plan and finalizes most of the new
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substantive and procedural State, local, and Tribal monitoring quality data to the Administrator, via requirements that were proposed for agencies may seek approval of their the Air Quality System (AQS). However these plans. One change is that some PM2.5 continuous monitor as ARMs the rule now explicitly requires that required new elements proposed for the beginning today, either independently associated quality assurance data be annual plan have instead been shifted to or in cooperation with instrument submitted along with ambient the 5-year network assessment, to manufactures. concentration data. The first submission reduce the annual plan preparation • The revised quality system affected will be the one due on June 30, burden and to allow these elements to requirements, except that full quality 2007 for data collected in January be prepared more carefully. The first 5- assurance practices, if not waived, are through March of 2007. year network assessment has been not required until January 1, 2009 for As presently is the case, States must postponed by one year, to July 1, 2010. SPMs which use FRM, FEM, or ARM submit an annual network plan by July The proposed requirements regarding monitors. 1 of each year. The next plan is due July • probe heights for PM10¥2.5 monitors, The new minimum requirements 1, 2007. increased O3 monitor distance from (or absence of minimum requirements) States whose PM2.5, PM10, or O3 roadways (for newly established O3 for the number of monitors for specific networks do not meet the revised stations), data elements to be reported, NAAQS pollutants and for PAMS requirements of this final rule regarding and PM filter retention are included in stations, if the new minimum allows a the number of monitors in a given MSA this final rule. State to discontinue a previously or CSA are required to submit a plan for This final rule also removes and required monitor. See below for the adding the necessary additional reserves the pre-existing appendix B, compliance date of the new minimum monitors by July 1, 2007 and to begin Quality Assurance Requirements for requirements in situations in which the operating the new monitors by January Prevention of Significant Deterioration final requirement is greater than the 1, 2008. The EPA believes that this will (PSD) Air Monitoring, and appendix F, currently operating network. only affect O3 and PM2.5 monitoring in • Annual SLAMS Air Quality The criteria for EPA Regional fewer than ten locations each. The EPA Information, of 40 CFR part 58 because Administrator approval for removal of will notify these States directly. they are no longer needed. monitors that are in excess of minimum A plan for the implementation of the required, if a State seeks such removal. required NCore multipollutant C. Significant Dates for States, Local • The criteria for use of data from monitoring stations, including site Governments, Tribes, and Other SPMs in determinations of attainment/ selection, is due by July 1, 2009. States Stakeholders nonattainment. must implement the required NCore • Only State governments, and those The elimination of the requirement multipollutant stations by January 1, local governments that have been for reporting of certain PM2.5 monitor 2011, including PM10¥2.5 monitoring. operating parameters. States will be required to submit assigned responsibility for ambient air • monitoring by their States, are subject to The revised requirement for earlier certification letters regarding the the mandatory requirements of 40 CFR separation between roadways and O3 completeness and accuracy of the part 58.3 The following summary of monitors, for new O3 monitors whose ambient concentration and quality applicable requirements is presented in placement has not already been assurance data they have submitted to chronological order, as an aid for States approved as of December 18, 2006. the Air Quality System (AQS) operated • The new specification for probe in planning their activities to comply by EPA, starting May 1, 2010 for data heights for PM10¥2.5 monitors. collected during 2009. Until then, States with the rule. States are required to The new requirement to archive all comply with pre-existing requirements are required to submit these letters by PM10c and PM10¥2.5 filters for 1 year July 1 of each year. in 40 CFR part 58, until the compliance begins with filters collected on or after date for each new requirement is Network assessments are required January 1, 2007. However, EPA expects from States every 5 years starting July 1, reached. few if any monitoring agencies to be The following provisions in 40 CFR 2010. operating PM or PM ¥ filters this part 53 and part 58 are effective on 10c 10 2.5 Under the Tribal Authority Rule early, so most will be affected later.4 (TAR) (40 CFR part 49), which December 18, 2006: The requirement to submit mass data • The criteria and process for EPA implements section 301(d) of the CAA, on blank PM2.5 filters begins on January Tribes may elect to be treated in the Administrator approval of FRMs, FEMs, 1, 2007. and ARMs or where applicable Regional same manner as a State in implementing The required date to begin daily PM2.5 Administrator approval of ARMs. sections of the CAA. However, EPA sampling at certain PM2.5 monitoring Manufacturers of continuous PM2.5 and determined in the TAR that it was sites is January 1, 2007. The EPA inappropriate to treat Tribes in a PM10¥2.5 instruments may apply for believes this will affect about 50 PM2.5 manner similar to a State with regard to designation of their instruments as monitoring sites. The EPA will notify FRMs or FEMs starting today. The EPA specific plan submittal and the affected States directly. implementation deadlines for NAAQS- is eager to receive such applications as This final rule does not change the related requirements, including, but not soon as manufacturers can collect and schedule for reporting ambient air analyze the necessary supporting data. limited to, such deadlines in CAA sections 110(a)(1), 172(a)(2), 182, 187, 4 As explained in section IV.B of this preamble, 3 Throughout this preamble, ‘‘States’’ is meant to the term ‘‘PM10c’’ refers to a PM10 Federal reference and 191. See 40 CFR 49.4(a). For also refer to local governments that have been method (FRM) that is designated as a PM10c FRM example, an Indian Tribe may choose, assigned responsibility for ambient air monitoring under the final NAAQS rule appearing elsewhere in but is not required, to submit within their respective jurisdiction by their States. today’s Federal Register. In essence, it would be a implementation plans for NAAQS- This preamble also uses ‘‘monitoring organization’’ PM2.5 FRM with the inertial fractionator used to to refer to States, local agencies, and/or Tribes separate out particles larger than 2.5 microns related requirements, nor is any Tribe conducting monitoring under or guided by the removed so that all PM10 is collected. Unlike other required to monitor ambient air. If a provisions of 40 CFR part 58. This final rule applies PM10 instruments, a PM10c instrument must control Tribe elects to do an implementation the same requirements to the District of Columbia, flow to a specified flow rate of 16.67 liters/minute Puerto Rico, and the Virgin Islands as apply to the at local conditions of temperature and pressure. A plan, the plan can contain program 50 States. Other U.S. territories are not subject to PM10¥2.5 FRM consists of a PM2.5 FRM and a PM10c elements to address specific air quality this final rule. FRM of the same model. See also 71 FR 2720. problems in a partial program. The EPA
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will work with the Tribe to develop an inaddition to those required by this final via grantees, such as the Institute for appropriate schedule for making any rule. The EPA also plans to work with Tribal Environmental Professionals and appropriate monitoring system changes the States, and possibly with some the Tribal Air Monitoring Support which meet the needs of each Tribe. Tribes, to establish and operate sites Center. Indian Tribes have the same rights that will measure only PM10¥2.5 The EPA will also continue to support and responsibilities as States under the concentrations in rural and less the National Park Service’s operation of CAA to implement elements of air urbanized locations, in addition to the the IMPROVE monitoring network, quality programs as they deem PM10¥2.5 monitors required at NCore which provides important data for necessary. Tribes can choose to engage sites. implementing both regional haze and 6 in ambient air monitoring activities. In An important element of PM2.5 attainment programs. The many cases, Indian Tribes will be implementing the new requirements number of sites in the IMPROVE required by EPA regions to institute will be EPA’s role in encouraging the program may vary, depending on EPA’s quality assurance programs that comply development and application of FEMs, enacted budget and the data needs of with 40 CFR part 58 appendix A, utilize and the development of a sampler or the regional haze and PM2.5 attainment FRM, FEM, or ARM monitors when samplers that can provide a direct programs. comparing their data to the NAAQS, measurement of PM10¥2.5 for collection The EPA will also continue to operate and to insure that the data collected is of filters used in chemical speciation the Clean Air Status and Trends representative of their respective and for continuous methods that Network (CASTNET), which monitors airsheds. For FRM, FEM, or ARM measure both PM2.5 and PM10¥2.5. The for O3, PM, and chemical components of monitors used for NAAQS attainment or EPA has determined that continuous PM in rural areas across the nation.7 nonattainment determinations, quality monitoring of PM2.5 has many EPA is in the process of revising assurance requirements of 40 CFR part advantages over the filter-based FRM. CASTNET to upgrade its monitoring 58 must be followed and would be This final rule makes it more practical capabilities to allow it to provide even viewed by EPA as an indivisible for manufacturers and users of more useful data to multiple data users. element of a regulatory air quality continuous PM2.5 instruments to obtain The EPA expects that about 20 monitoring program. designation for them as FEMs or ARMs. CASTNET sites will have new To ensure objectivity and a sound capabilities similar to some of the D. Implementation of the Revised scientific basis for decisions, EPA’s capabilities required at NCore Monitoring Requirements Office of Research and Development multipollutant sites. After promulgation, EPA will assist will review applications for FEM and This final rule includes a requirement States in implementing the amended ARM designations based on the criteria that States must ensure a program of requirements using several mechanisms. in this final rule and will recommend adequate and independent audits of The EPA will work with each State to approval or disapproval to the their monitoring stations. One way, but develop approvable monitoring plans Administrator. For agencies seeking use not the only way, a State can satisfy this for its new NCore multipollutant of an ARM already approved in another requirement is to agree that EPA will monitoring stations, including PM10¥2.5 monitoring network, the applicable conduct these audits using funds that monitoring. For example, EPA will Regional Office will conduct a review, otherwise would have been awarded to negotiate the selection of required new most often as part of the EPA approval the State as part of its annual air quality monitoring sites (or new capabilities at of an annual monitoring plan, based on management grant. In anticipation of the existing sites) and their schedules for the criteria in this final monitoring rule. possible inclusion of this requirement in start up as well as plans to discontinue The EPA will also provide technical this final rule, EPA has been working sites that are no longer needed. The EPA guidance documents and training with monitoring organizations to will negotiate with each State its annual opportunities for State, local, and Tribal determine which of these organizations grant for air quality management monitoring staff to help them select, prefer this approach. The EPA expects activities, including ambient monitoring operate, and use the data from new that, for 2007, nearly all monitoring work. Once States have established a types of monitoring equipment. The organizations will request that EPA new monitoring infrastructure to meet EPA has already distributed a technical conduct these audits. For those that the new requirements, EPA will review assistance document on the precursor chose another acceptable approach, EPA State monitoring activities, submitted gas monitors 5 that will be part of the will conduct limited cross-checks of data, and plans for further changes on NCore multipollutant sites and EPA has equipment, calibration standards, an annual basis. conducted multiple training workshops auditor preparation, and audit The EPA’s support for and on these monitors. Additional guidance procedures to ensure that their audit participation in enhancing the national will be developed and provided on programs are adequate. ambient air monitoring system to serve some other types of monitors with The EPA recognizes that current and future air quality which many State monitoring staff are characterizing and managing some air management and research needs will currently unfamiliar, and on network quality problems requires ambient extend beyond ensuring that States meet design, site selection, discontinuation of concentration and deposition data that the minimum requirements of this final sites, quality assurance, network cannot be provided by the types of monitoring rule. The EPA will work assessment, and other topics. While monitoring required by the monitoring with each State or local air monitoring Tribes are not subject to the monitoring activities addressed in today’s final rule. agency to determine what affordable requirements of this final rule, these These problems include near-roadway monitoring activities above minimum technical resources will also be exposures to emissions from motor requirements would best meet the available to them directly from EPA and diverse needs of the individual air 6 Additional information on EPA/National Park quality management program as well as 5 Technical Assistance Document (TAD) for Service IMPROVE (Interagency Monitoring of the needs of other data users. The EPA Precursor Gas Measurments in the NCore Protected Visual Environments) Visibility Program Multipollutant Monitoring Network. Version 4. U.S. is available at: http://www.epa.gov/ttn/amtic/ may also work with the States, and Environmental Protection Agency. EPA–454/R–05– visdata.html. possibly with some Tribes, to establish 003. September 2005. Available at: http:// 7 Additional information on CASTNET is and operate PM10¥2.5 speciation sites www.epa.gov/ttn/amtic/pretecdoc.html. available at: http://www.epa.gov/castnet/.
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vehicles and mercury deposition. The monitoring, have been awarded under Several commenters stated that EPA EPA is actively researching these issues section 103 with the overall amount for should not use STAG funds for the and developing concepts for monitoring these funds established by the enacted improvement or operation of Federal programs to address them, but these budget. monitoring networks such as CASTNET. issues are outside the scope of this final During the public comment period for The EPA does not intend to use STAG rule. this rulemaking EPA received a large funds from fiscal year 2007 or beyond The Air Quality System (AQS) is the number of comments addressing in this way. data system EPA uses to receive ambient funding issues. Most of these comments IV. Discussion of Regulatory Revisions air monitoring data from State, local, expressed opposition to the and Major Comments on Proposed Tribal, and other types of monitoring Administration’s proposed EPA budget organizations and to make those data for fiscal year 2007, which included a Amendments to 40 CFR Part 53 available to all interested users. AQS is proposal to provide PM monitoring based on a particular data structure and 2.5 A. Overview of Part 53 Regulatory support through section 105 grant Requirements uses particular data input formats funding, as is done for all other criteria including data elements and defined pollutants. (As of today, the Congress Various appendices to 40 CFR part 50 values for categorical data. The existing has not enacted a 2007 budget for EPA.) define certain ambient air monitoring AQS data structure and input formats Commenters stated that if funding for methods as Federal reference methods are for the most part consistent with a monitoring were reduced as proposed, which may be used to determine number of changes made in this final State and local agencies would have less attainment of the National Ambient Air rule to pre-existing terminology and flexibility than desired in designing and requirements, but some changes will be Quality Standards (NAAQS), and which operating their monitoring programs, needed in AQS to re-establish full form the benchmark for determining and that the proposed requirements for consistency with requirements in the equivalency of other methods which new PM ¥ and NCore networks and monitoring rule. The changes to AQS 10 2.5 may also be used to determine will likely, in turn, require some for adequate and independent audits of attainment. Under 40 CFR part 53, EPA modifications to data preparation tools monitoring stations would be designates specific commercial and practices at monitoring agencies. burdensome. Some commenters instruments or other versions of The EPA will prepare and implement a requested that the proposed new methods as Federal reference methods plan for making these changes, and will requirements not be included in this (FRMs). To be so designated, a advise AQS users of the ramifications final rule for this reason. particular FRM must be shown, while doing so. Generally, the The EPA understands these concerns. according to the procedures and compliance deadlines in the rule are However, the CAA requirements from requirements of part 53, to meet all such that monitoring agencies are not which this final rule derives 8 are not specifications of both the applicable required to immediately comply with contingent on EPA providing funding to appendix of part 50 as well as any changes in rule provisions that States to assist in meeting those applicable specifications and would affect data transfer formats and requirements. Accordingly, the requirements of part 53. procedures. Monitoring agencies, for the comments regarding funding are not To foster development of improved present, should continue to follow pre- directly relevant to the content of this existing AQS formats and procedures final rule. Nevertheless, EPA recognizes alternative air monitoring methods, EPA until notified. that resources always have been and also designates—as Federal equivalent will remain a practical consideration for methods (FEMs)—alternative methods E. Federal Funding for Ambient Air establishing and operating monitoring that are shown to have measurement Monitoring programs. The EPA will continue to performance comparable to the EPA has historically funded part of work with States in this regard, in corresponding FRM. Part 53 contains the cost to State, local, and Tribal particular as EPA determines how to explicit performance tests, performance governments of installation and allocate enacted funding among States standards, and other requirements for operation of monitors to meet Federal and among types of monitoring so as to designation of both FRMs and FEMs for monitoring requirements. Sections 105 achieve the best possible environmental each of the criteria pollutants. In and 103 of the CAA allow EPA to outcomes. Several provisions of this addition, States’ air surveillance provide grant funding for programs for final rule reduce minimum monitoring networks are required, preventing and controlling air pollution requirements, which will provide under 40 CFR part 58, appendix C, to and for some research and development flexibility for States to reduce some of use only EPA-designated FRMs, FEMs, efforts respectively. Eligible entities their pre-existing costs. or ARMs at SLAMS sites. A list of all must apply for section 103 grants. methods that EPA has designated as Eligible entities must provide 8 Section 103(c)(2) of the Clean Air Act [42 either FRMs or FEMs for all criteria nonfederal matching funds for section U.S.C.A. 7403(c)] provides that the Administrator pollutants is available at http:// 105 grants. The EPA’s enacted budget shall conduct a program for sampling air pollution www.epa.gov/ttn/amtic/criteria.html. specifies overall how much State and that includes the establishment of a national network to monitor air quality and to ensure the Elsewhere in today’s Federal Register, Tribal Air Grant (STAG) funding is comparability of air quality data collected in EPA is promulgating a new Federal available for these grants. different states. Section 110(a)(2)(B) [42 U.S.C.A In recent years, EPA has received 7410(a)] provides that each State implementation reference method for measurement of special authority through appropriations plan shall provide for establishment and operation mass concentrations of thoracic coarse acts to use section 103 grant funding for of appropriate devices, methods, systems, and particles (PM10¥2.5) in the atmosphere, procedures necessary to monitor, compile, and to be codified as appendix O to 40 CFR establishing and operating PM2.5-related analyze data on ambient air quality and upon monitoring stations. Funding for other request make such data available to the part 50. Although, as explained earlier, types of monitoring has been included Administrator. Section 182(c)(1) [42 U.S.C.A. EPA is not at this time adopting any 7511a(c)(1)] states that the Administrator will NAAQS for PM10¥2.5, EPA believes an in the grants awarded under section promulgate rules for enhanced monitoring for FRM for PM ¥ is still highly 105. Grants to Tribes for air quality ozone, oxides of nitrogen, and volatile organic 10 2.5 management work, including ambient compounds in serious ozone areas. desirable to aid in a variety of needed
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research studies.9 This new FRM is service requirements, and eliminate off- sampler must meet all requirements for defined as the standard of reference for site sample filter support services, as a PM2.5 reference method in 40 CFR part measurement of PM10¥2.5 well as to provide measurement 50, appendix L, as well as additional concentrations in ambient air. It will be resolution of 1 hour or less and near requirements in part 53. However, the an acceptable and readily available real-time reporting of monitoring data. PM10 sampler required by the method is PM10¥2.5 measurement method for new Therefore, EPA is interested in not a conventional PM10 sampler as NCore multipollutant monitoring sites encouraging the development of described in 40 CFR part 50, appendix to be located at approximately 75 urban alternative monitoring methods for J; rather, it is a sampler specified to be and rural locations. Availability of an PM10¥2.5 by focusing on the explicit test identical to the PM2.5 sampler of the approved FRM for PM10¥2.5 will also and qualification requirements pair, except that the PM2.5 particle size help provide consistency among necessary for designation of such types separator is removed. This special PM10 PM10¥2.5 measurements used in future of methods as FEMs for PM10¥2.5. In sampler is identified as a ‘‘PM10c’’ health studies of the adverse health fact, EPA anticipates that alternative sampler to differentiate it from effects associated with exposure to FEMs will eventually provide most of conventional PM10 samplers that meet thoracic coarse particles. Lastly, the the PM10¥2.5 monitoring data obtained the less exacting requirements of 40 CFR PM10¥2.5 reference method will provide in the States’ monitoring networks. part 50, appendix J. In view of the the basis for development of speciation Further, EPA recognizes that the similarity of the PM10¥2.5 FRM samplers capable of providing an potential benefits of automated/ requirements to those of the PM2.5 FRM, improved understanding of the continuous monitoring methods apply the new requirements will allow a compositions of different ambient mixes as well to FEMs for PM2.5. Accordingly, PM10¥2.5 sampler pair consisting of of thoracic coarse particles, so that this as proposed, EPA is also establishing samplers that have already been shown composition can be related to both new requirements in part 53 for to meet the PM2.5 FRM requirements health effects and to particle sources. designation of continuous FEMs for (except for the PM2.5 particle size Associated with this new reference PM2.5. See 71 FR 2721. The PM2.5 and separator in the case of the PM10c method, EPA is also establishing related PM10¥2.5 FEM provisions parallel each sampler) to be designated as a PM10¥2.5 amendments to 40 CFR part 53 to other in many respects so inclusion now reference method without further extend the designation provisions of is both appropriate and conforming. testing. FRMs and FEMs to methods for The new requirements for approval of C. Requirements for Candidate PM10¥2.5. These amendments set forth automated/continuous FEMs can Equivalent Methods for PM2.5 and explicit tests, performance standards, accommodate a wide range of potential ¥ PM10 2.5 and other requirements for designation PM10¥2.5 or PM2.5 continuous of specific commercial samplers, measurement technologies. Ambient air As pointed out in the preamble to the sampler configurations, or analyzers as testing of a candidate technology at proposed rule (71 FR 2721), EPA either FRMs or FEMs for PM10¥2.5, as diverse monitoring sites is required in believes very strongly that provisions to appropriate. order to demonstrate that the level of allow designation of Federal equivalent As noted in section VI.A of the comparability to collocated Federal methods provide an important incentive preamble to the NAAQS revisions reference method measurements is to encourage the commercial published elsewhere in this Federal adequate to meet established data development of innovative new and Register, EPA recognizes that the FRM, quality objectives (DQOs). advantageous alternative methods for while providing a good standard of This final rule also modifies monitoring air pollutants. However, it is performance for comparison to other somewhat certain existing requirements also important to show conclusively methods, is not itself optimal for routine for designation of alternative, non- that any new candidate method will use in PM10¥2.5 monitoring networks. continuous methods for PM2.5. As produce measurements comparable to Alternative methods are needed that explained in section IV.B of this those of the FRM and will have provide a more direct measurement of preamble, the modified requirements performance characteristics that are ambient PM10¥2.5 concentrations. will be fully consistent with the more adequate to meet DQOs. At the same Methods are also needed that collect advanced new requirements for both time, the testing that is necessary to samples of PM10¥2.5 that are more continuous and non-continuous FEMs show comparable and adequate physically separated for analysis of for PM10¥2.5. performance must not be so burdensome that it undermines incentives for new chemical species. Also, automated, B. Requirements for Candidate method development. continuous-type methods provide many Reference Methods for PM10¥2.5 operational advantages to ease Because of the complex nature of monitoring burdens, reduce on-site No comments were received related particulate matter, it is also complex to specifically to the PM10¥2.5 FRM test the performance of PM monitoring 9 Henderson, R. Clean Air Scientific Advisory designation requirements. These methods. For methods for PM2.5, EPA Committee (CASAC) Review of the EPA Staff provisions are adopted as proposed. defined three classes of candidate FEMs Recommendations Concerning a Potential Thoracic Because of the nearly complete (Classes I, II, and III) based on the extent Coarse PM Standard in the Review of the National similarity between the specifications for to which the method differs from the Ambient Air Quality Standards for Particulate Matter: Policy Assessment of Scientific and the new PM10¥2.5 reference method and FRM, so that the nature and extent of Technical Information (Final PM OAQPS Staff for the existing PM2.5 reference method, the performance and comparability Paper, EPA–452/R–05–005). September 15, 2005. the designation requirements for testing necessary can be more closely http://www.epa.gov/sab/panels/ PM10¥2.5 reference methods are matched to the nature of the candidate casacpmpanel.html. ¥ Henderson, R. Letter from Dr. Rogene Henderson, essentially the same as those for PM2.5 method. See 40 CFR 53.3(a)(2) (4). In Chair, Clean Air Scientific Advisory Committee to reference methods. As set forth in the this final rule, as proposed, EPA is the Honorable Stephen L. Johnson, Administrator, new appendix O to 40 CFR part 50, the extending these same class definitions U.S. EPA. Clean Air Scientific Advisory Committee PM10¥2.5 reference method specifies a and tiered testing requirements to apply Recommendations Concerning the Proposed National Ambient Air Quality Standards for pair of samplers consisting of a to PM10¥2.5 candidate FEMs as well. Particulate Matter. March 21, 2006. http:// conventional PM2.5 sampler and a Class I methods are limited to minor www.epa.gov/sab/pdf/casac-ltr-06-002.pdf. special PM10 sampler. The PM2.5 deviations from the FRM; Class II covers
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integrated-sample, filter-based, Scientific Advisory Committee. The Of particular note to instrument gravimetric methods deviating more salient Class III FEM requirements were manufacturers, this final rule allows significantly from the FRM; and Class III summarized in the proposal preamble applications for Class II candidate FEMs methods (originally) included all other (71 FR 2722–2724). Not unexpectedly, a for both PM10¥2.5 and PM2.5 to methods not categorized as Class I or II. considerable number of comments were optionally substitute the more extensive The three classes are described in more received in connection with the Class III comparability field tests in detail in the proposal preamble (71 FR specifics of the proposed Class II and subpart C for some or all of the rather 2721). As proposed, the definition of Class III requirements. The more extensive and arduous laboratory wind Class III FEMs is narrowed to include significant of these comments are tunnel tests, loading test, and volatility only continuous or semi-continuous addressed below, after a summary of the test of subpart F to which a Class II analyzer methods having 1-hour or less proposal regarding requirements for candidate FEM sampler may otherwise measurement resolution, which are the Class II and Class III methods. be subject. Such a substitution of test Class III methods that by far hold the Remaining comments are addressed in results may be particularly important most potential for monitoring the Response to Comments document. when the special facilities necessary for applications and FEM designation. The Class II candidate FEMs, although not the wind tunnel tests or other tests are EPA has thus avoided the restrictions offering the operational advantages of not available. Concurrent testing of and complexity that would be necessary continuous Class III methods, are multiple methods under the Class III to accommodate the wide variety of nevertheless important as well. Class II requirements may also help to reduce other types of non-Class I or II methods methods encompass the dichotomous overall testing costs. that are unlikely to be economically and and virtual impactor types of methods In regard to the proposed testing commercially practical. Also, the that can provide a more direct, requirements for Class III (continuous) continuous operational nature of such gravimetric, filter-based measurement of FEMs for PM2.5 and PM10¥2.5, EPA Class III methods gives rise to a PM10¥2.5 than available with the FRM. specifically solicited comments related statistical advantage that allows more These methods are also most likely to to the adequacy of the number and tolerant limits of adequate fulfill the substantial need for collecting location of the test sites required for the comparability, relative to a method that PM10¥2.5 samples that are physically field tests to determine comparability of is not operated continuously, to achieve separated from other particle sizes, or a candidate method to the respective a similar limit of uncertainty in the nearly so, for chemical species analysis. FRM. See 71 FR 2722. By definition, a monitoring data. New requirements for Class II FEMs for designated FEM is generally qualified Class III continuous methods appear PM10¥2.5 are being established in this for use at any monitoring site in the U.S. to offer many potential benefits for use final rule, and some of the previously (with the possible exception of some in routine field monitoring networks. established requirements for Class II areas with extreme conditions), so the These automated analyzers eliminate FEMs for PM2.5 are being changed test requirements for comparability need most, if not all, of the pre- and post- somewhat to make them more to represent a wide variety of possible weighing of sample filters, require less consistent with the corresponding new site conditions. The EPA proposed that frequent on-site service, may be less requirements for PM10¥2.5 Class II FEMs candidate methods be tested within costly to operate, and offer near real- and to incorporate some minor technical three general geographical areas: (1) The time, electronic reporting of hourly (or improvements. Los Angeles area in winter and summer less) mass concentration measurements The proposed Class II FEM seasons, (2) eastern U.S. in winter and (similar to data reporting that is requirements, as outlined in the summer, and (3) western U.S. in winter common for gaseous pollutant proposal preamble (71 FR 2721–2725), only (for a total of five 30-day test monitors). The EPA is accordingly were based on daily sampling; therefore, campaigns). Each proposed test site area adopting the proposed Class III FEM Class II equivalent methods used for was selected for representing particular provisions for PM10¥2.5 and PM2.5 in determining compliance with the PM2.5 and diverse typical site conditions. today’s rule, with some changes in NAAQS would generally have been In response to several comments response to comments. restricted to daily sampling. However, addressing this issue, a fourth test site— Continuous methods, by nature, tend in response to concerns about method in the U.S. Midwest, with tests required to have somewhat different performance performance in relatively clean areas, in the winter season only—has been characteristics from those of the EPA has strengthened the additive bias added to the requirements to further corresponding filter-based FRMs, so the (intercept) requirement. With this increase the geographical diversity. comparability and performance testing tighter performance criteria and However, the requirement for a winter requirements must be adequately considering that Class II methods are test campaign in the eastern U.S. has comprehensive and discriminating filter-based samplers, a minimum of a been withdrawn while the requirement without being excessively burdensome. one-in-three day sample frequency will for a summer test campaign in the The Class III FEM requirements being be appropriate to meet the network data eastern U.S. has been retained, so the promulgated today are based quality objectives. Class II methods are total number of required test campaigns predominantly on demonstrating an also expected to be used for collecting (five) is unchanged. Comparability adequate degree of comparability samples used in chemical species testing of a candidate method is costly, between candidate method analysis, which would not require daily rendering it impractical to test a measurements and concurrent, operation. The character of the test sites candidate method under all possible collocated Federal reference method specified for Classes II and III tests for combinations of site and seasonal measurements under a representative both PM2.5 and PM10¥2.5 are similar, so conditions that might be encountered in variety of site conditions. Many issues concurrent testing for PM2.5 and national PM monitoring networks. The and much technical input were PM10¥2.5 methods of both classes can be EPA considers the specified carefully considered during the carried out, substantially reducing the complement of five test campaigns in development of the requirements, testing burden for candidate FEMs that the four specified geographical areas including peer review by the Ambient measure both PM2.5 and PM10¥2.5 or for and two seasons to be reasonable to Air Monitoring and Methods testing multiple candidate methods conduct and adequately representative Subcommittee of the Clean Air simultaneously. of the diversity of site and seasonal PM
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monitoring conditions across the U.S. a variety of applications, EPA has guidance (to be used by instrument As noted above, the two test site areas somewhat strengthened the range of operators as they believe appropriate) specified for testing candidate Class II allowable intercepts for those candidate rather than as a formal part of the FEM FEMs are compatible with the test sites FEMs. For Class III FEMs, new fixed provisions. Therefore, no changes were 3 for candidate Class III methods, which limits of ±2.0 µg/m for PM2.5 methods made to the proposed requirement that 3 will significantly reduce testing costs by and ±7.0 µg/m for PM10¥2.5 methods FEM applicants submit the 1-hour FEM allowing Class II and III candidate have been added. For Class II FEMs for test data, and there is no designation methods to be tested simultaneously at PM10¥2.5, the fixed intercept limit has requirement based on 1-hour precision the same test site. Also, the test sites been reduced from ±7.0 to ±3.5 µg/m3. or any other particular 1-hour based have been relabeled for ease of (The intercept requirements proposed performance statistic. referencing east and west sites. for candidate Class II PM2.5 methods The EPA also asked for comments on Some commenters expressed concern were re-examined and found to be the adequacy and appropriateness of the that the Class III comparability test appropriate as proposed.) The more proposed test requirements for Class II standards might be inadequate because restrictive intercept limits will reduce FEMs. See 71 FR 2724. Some a candidate method that had an the maximum allowable measurement commenters suggested that the proposed unacceptable seasonal bias (such as has bias and are represented by smaller Class II tests were inadequate because been noted for some continuous hexagonal acceptance areas, as specified there was more variation in the PM at methods) could be found acceptable, in 40 CFR part 53, subpart C revised different sites than could be represented because in pooling test data from Table C–4 and as illustrated in revised in the tests—particularly in regard to summer and winter seasons the biases Figures C–2 and C–3 of this final rule. chemical compositions—and suggested would compensate. The EPA finds that Nevertheless, EPA wishes to point out that continued FEM designation should the associated minimum correlation that, because of the design of the be conditioned on a mandatory periodic requirement of the regression test equivalent method comparability tests reassessment of local-agency should adequately avoid that situation. (which require no low-level test comparisons to FRM measurements. Further, in the revised test concentrations) and the nature of the The EPA recognizes that data produced requirements, summer and winter tests regression analysis, a seemingly high by all FEMs operated in monitoring at the same site, where the data are positive or negative intercept resulting networks under 40 CFR part 58 should pooled, are required at only one of the from the regression analysis of the test meet the data quality objectives (DQOs) four required tests sites. data is not necessarily indicative or of 40 CFR part 58, appendix A, section Another issue concerning the likely to be characteristic of the actual 2.3.1 on a continuing basis. The proposed testing requirements for Class measurement errors or bias of the operational requirements of appendix A III (continuous), as well as Class II candidate method relative to the FRM at will help ensure this. Moreover, EPA candidate equivalent methods for PM2.5 low or very low concentrations. This can invoke designation cancellation and PM10¥2.5, was the specific situation may be particularly true when procedures for the method designation acceptance criteria for the regression the concentration coefficient of under 40 CFR 53.11 (Cancellation of analysis statistics—particularly the variation (CCV) for the FEM test data reference or equivalent method additive bias (intercept) parameter—of (see 40 CFR 53.35(h)) is relatively low, designation) if EPA observes that DQOs the comparison between collocated resulting in greater uncertainty in the are not being maintained for a particular measurements obtained with the predicted additive bias (and in the designated Class II equivalent method candidate and FRM methods. As multiplicative bias (slope) as well). (or for any FEM or FRM). However, EPA proposed, the upper and lower limits for Class III FEMs will generally provide believes that designation cancellation the regression intercept were specified 1-hour concentration measurements (in should be initiated by EPA when as functions of the corresponding slope, addition to the required 24-hour necessary, rather than have designations with the acceptable combinations of measurements), and EPA asked for conditioned on specific periodic slope and intercept represented by the comments on whether the FEM reassessments as commenters suggested. area inside a trapezoid or a hexagon provisions should include any specific Other commenters suggested that the shape plotted on a slope-intercept requirements for 1-hour precision, and test sites be approved by both EPA and coordinate system (Figures C–2 and C– if so, whether a specific standard of the STAPPA/ALAPCO Monitoring 3 in proposed revised subpart C of part performance should be specified and Committee, but EPA believes that would 53 at 71 FR 2768–2769). These how it should affect FEM designation. be cumbersome and unnecessary. acceptance limits were based on See 71 FR 2723. Of the few comments statistical considerations related to the received on this issue, most agreed with D. Other Changes uncertainty allowable in making correct EPA that 1-hour precision is an EPA proposed several other relatively NAAQS attainment decisions for PM2.5 important descriptor associated with a minor changes to various provisions of (or similar comparisons of PM10¥2.5 Class III candidate method and that 1- subparts A, C, E, and F of part 53. See concentrations to non-regulatory hour FEM test data should be submitted 71 FR 2724–2725. Organizational benchmarks). Several commenters were in a Class III FEM application so that the changes in subpart C consolidate the concerned that the range of acceptable short-term precision can be determined, provisions for various types of methods, intercepts proposed for Class II and III but no specific standard should be set making them easier to understand. FEMs, although appropriate for DQOs for the precision parameter in Other changes clarify or simplify some related to attainment (or similar) connection with the FEM designation existing provisions for PM10 and PM2.5 decisions, may allow excessive qualifications. A few commenters Class I and II FEM testing and measurement bias for FEMs used for suggested that a precision performance implement minor technical other PM monitoring applications— parameter based on a running average of improvements to test protocols, with especially those applications that a few (e.g., 3 to 5) hours should be little, if any, impact on the nature or require measurements of concentrations established and regulated, however, to efficacy of the tests. Minor changes are well below the level of the NAAQS. preserve flexibility, EPA believes that made to subparts A, E, and F to In response to these comments and in precision estimates are better included incorporate the new PM10¥2.5 deference to potential use of FEMs for in method-specific quality assurance provisions and some new definitions,
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make a few administrative adjustments, required monitors and their placement monitoring objectives, but which may and incorporate a few minor technical within a metropolitan or other area, not have been approved as FEM for changes. These changes are described appendix E addresses the details of nationwide use. more completely in the proposal monitoring station layout, and appendix The EPA proposed to adopt a new preamble (71 FR 2724), and they are G addresses AQI reporting. (Subpart B term, ‘‘Primary quality assurance being adopted as proposed, as no of the 1997 version was proposed to be organization’’ to clarify the working comments were received pertinent to removed. Subpart F was already definition of the term ‘‘Reporting these minor changes. reserved in the 1997 version. No organization’’ currently utilized in After considering all comments amendments were proposed to the part section 3.0.3. of 40 CFR part 58, carefully, EPA determined that no 58 requirements for reporting of the AQI appendix A, Quality Assurance further changes should be made to the and the associated appendix G.) Requirements, and to avoid confusion proposed new or revised FRM and FEM To aid in understanding the with the different way ‘‘reporting requirements. The EPA is thus adopting provisions of the final part 58 and their organization’’ has come to be used in a the proposed new or revised relationship to the 1997 and proposed related but distinct context (final requirements and provisions for Federal provisions, the following discussion for uploading of data to the Air Quality reference and Federal equivalent the most part follows the order of the System). See 71 FR 2778. methods for PM2.5 and PM10¥2.5, final part 58, addressing each affected The EPA also proposed additional modified to incorporate the changes numbered section and then the definitions to be consistent with described above. appendices. terminology used in 40 CFR part 50, appendix O, the FRM for PM10¥2.5. See V. Discussion of Regulatory Revisions B. General Monitoring Requirements 71 FR 2777. Modifications to the and Major Comments on Proposed 1. Definitions and Terminology definitions of key geographical terms Amendments to 40 CFR Part 58 were proposed, as needed, to reflect The EPA proposed to discontinue the changes in U.S. Census Bureau usage A. Overview of Part 58 Regulatory use of the term ‘‘National air monitoring Requirements since the last revision to monitoring stations (NAMS)’’. See 71 FR 2720. regulations. Part 58 of 40 CFR, Ambient Air Previously, this term was used to The EPA received some questions Quality Surveillance, contains designate Federal reference method seeking clarification of the new term requirements for ambient air monitoring (FRM) and Federal equivalent method ‘‘Primary quality assurance programs operated by States (or (FEM) monitors which were operated to organization,’’ which are addressed in designated local agencies). As proposed, meet set requirements for the number the Response to Comments document the structure of part 58 remains much (and, for some pollutants the type of available in the docket. No other the same as the 1997 version. Proposed location) of monitors and which adverse comments were received on subparts A through G, containing 40 required EPA Administrator approval these proposed definitions, and this CFR 50.1 through 50.61, provide for changes, as distinguished from final rule includes all of them. definitions of terms; require the ‘‘State and local air monitoring stations operation of certain numbers and types (SLAMS)’’ which referred to additional 2. Annual Monitoring Network Plan and of monitors by certain dates; require the FRM and FEM monitors for which Periodic Network Assessment use of certain monitoring methods, generally there was no minimum The EPA proposed to consolidate quality system practices, and sampling number, for which siting was more at current requirements for the SLAMS air schedules and frequencies; require the State’s discretion, and for which quality surveillance plan and NAMS annual plans describing a State’s changes were approved by the Regional network description into elements of the monitoring network and planned Administrator. annual monitoring network plan changes to it; provide criteria for EPA The EPA proposed a new definition described in 40 CFR 58.10 of the approval of planned changes; require for ‘‘National Core (NCore)’’ stations. proposed rule. See 71 FR 2725. The data submission and certification that The definition of ‘‘State or local air annual monitoring network plan would submitted data is accurate to the best of monitoring stations (SLAMS)’’ was provide a statement of purpose for each the knowledge of responsible State proposed to be modified to include monitor in a monitoring agency network official; address special rules regarding NCore, Photochemical Air Monitoring and provide evidence that siting and special purpose monitors; provide rules Systems (PAMS), and all other State or operation of each monitor meet the for comparing monitoring data to locally operated stations (such as PM2.5 requirements of appendices A, C, D, and applicable National Ambient Air speciation stations) that have not been E of part 58, as applicable. The EPA also Quality Standards (NAAQS); require designated as a special purpose monitor proposed the addition of some required reporting of the Air Quality Index (AQI) or monitoring station (SPM). This elements to the annual monitoring to the public in some areas; and provide change was proposed for convenience in network plan and proposed to add a for monitoring directly by EPA if a State referencing these types of monitors new requirement for a periodic network fails to operate required monitors. As together because some provisions in the assessment. proposed, part 58 also includes rule apply to all of them but not to The EPA received comments on a appendices A, C, D, E, and G which SPMs. See 71 FR 2720. Previously, number of specific elements within the were referenced by various numbered ‘‘SLAMS’’ referred only to FRM and annual monitoring network plan and sections in subparts A through G. These FEM monitors. with regard to the network assessment appendices contain many detailed The term, ‘‘Approved regional requirement. The comments that were requirements, as well as considerable methods’’ (ARMs), proposed at 71 FR the basis for modifications to the explanatory or background material and 2720, is added to refer to alternative proposed rule are discussed briefly here. non-binding advice. Appendix A PM2.5 methods that have been approved Detailed responses to all comments are addresses quality system requirements, by EPA for use specifically within a provided in the Response to Comments appendix C addresses monitoring State, local, or Tribal air monitoring document available in the docket. methods and equipment, appendix D network for purposes of comparison to Comments were received on the mostly addresses the number of the NAAQS and to meet other proposed requirement for a 30-day
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public inspection period before State needed to develop guidance to discontinue sites, EPA notes that States submittal of a draft annual monitoring standardize the development of are already required to make their network plan to the Regional financial information and for States to annual network monitoring plans Administrator as well as on the collect and summarize the information available for public inspection and that proposed requirement for Regional for submittal. Without such process provides the basic framework Administrator approval of annual standardization, cost information would for disseminating information about monitoring network plans seeking be difficult to interpret. In view of these anticipated site discontinuations. The SLAMS network modifications comments, EPA has deleted this EPA recognizes that there are many including new monitoring sites. Some element from the list of required potential users of air quality information commenters requested clarification information to be contained in the and that States cannot be aware of all regarding what methods would be annual monitoring network plan. such users. However, to the extent that considered acceptable for making The EPA proposed a new requirement information about site shutdowns can documents available for public that the annual monitoring network be disseminated more widely, there are inspection. Commenters also expressed plan consider the ability of existing and benefits to be gained by protecting key concern that the 120 days proposed for proposed sites to support air quality monitors that (for example) support Regional Administrator review and characterization for areas with relatively ongoing health studies or that are the approval/disapproval would result in high populations of susceptible basis for long-term trend analyses, or unnecessary delays. individuals (e.g., children with asthma), otherwise provide information that is The EPA notes the general support in and, for any sites that are being used by stakeholders other than the the comments for the public inspection proposed for discontinuance, the effect operating agency. As such, EPA has requirement. Commenters also on data users other than the agency retained this provision in this final rule. supported the flexibility in the proposed itself, such as nearby States and Tribes The EPA will work with States and rule which would allow monitoring or health effects studies. See 71 FR health organizations to explore options agencies to design and implement 2780. Several commenters noted that for tracking the status of key air quality appropriate ways of allowing this this requirement would be challenging sites. inspection. The EPA supports use of to implement and involves knowledge The EPA received many comments in monitoring agency Web sites for such of public health that may not be readily response to the proposed requirement postings, along with other means of available to monitoring organizations. In for a network assessment to be providing public notice including hard- addition, it was noted that, absent the completed every 5 years and to be copy posting in libraries and public availability of a centralized information submitted with the required annual offices. Although the public inspection clearinghouse, it would be difficult for network monitoring plan. Commenters requirement does not specifically States to be aware of all possible users acknowledged the overall value of a require States to obtain and respond to of data for health studies or other types more complete evaluation of monitoring received comments, such a process is of research. programs but expressed concern about encouraged with the subsequent This new element of the annual the resource burden in meeting the transmission of comments to the monitoring network plan highlights the requirement. appropriate EPA Regional Office for importance that EPA places on the Network assessments are a key tool to review. Therefore, EPA has modified consideration of sensitive populations help ensure that the right parameters are this final rule from the proposal to when evaluating the relative value and being measured in the right locations, specify that where the State has representativeness of monitoring sites, and that monitoring resources are used provided for a public comment process particularly for areas where one or more in the most effective and efficient and provided any comments received to NAAQS may be approached or manner to meet the needs of multiple EPA, and the posted plan has not been exceeded.10 The EPA acknowledges the stakeholders. Network assessments can substantially altered as a result of the potential challenge in obtaining help identify new data needs and public comments, the requirement for information about the distribution of associated technologies, find the Regional Administrator to obtain susceptible individuals in specific opportunities for consolidation of public comment by a separate process geographic areas around existing and individual sites into multi-pollutant can be waived. The 120 days allowed proposed sites, and has purposely sites, and identify geographic areas for Regional Administrator review of an defined the requirement as a where network coverage should be annual plan is a feature of the current ‘‘consideration’’ to provide significant increased or decreased based on monitoring rule, and has been kept in latitude for monitoring organizations to changes in population and/or emissions. this final rule. determine the complexity and depth of The EPA has already issued draft The EPA received many comments on their response. In recognition of the guidance to describe the possible the proposed requirement for the annual potential complexity of preparing techniques that States can use in monitoring network plan to contain cost assessments of susceptible populations developing their assessments, and has information. See 71 FR 2780. on a sub-county sized spatial scale as purposely limited the required elements Commenters were concerned that no represented by typical monitoring sites, to provide flexibility in the amount of details were provided regarding what in this final rule EPA has moved this resources that would be required. After consideration of the comments, EPA has information would be required and how requirement to become a required retained the network assessment the information would be used. The element of the 5-year network requirement in this final rule. In light of accounting difficulty in calculating such assessment rather than the annual the concerns raised about the resource cost information was also noted along monitoring network plan. with concerns regarding the With regard to the proposed provision requirements needed to complete administrative burden of preparing and requiring States to consider the effect on network assessments, the deadline for documenting the cost estimates. data users of proposed actions to the first required assessment under this The EPA has considered the proposed final rule has been delayed an requirement for cost information in the 10 See S. Rep. No. 91–1196. 91st Cong. 2d Sess. additional year to July 1, 2010. annual monitoring network plan and 10 (1970) (NAAQS is to be set to protect sensitive, The EPA is not adopting the proposed agrees that considerable effort would be at-risk population groups). requirement for a separate plan
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establishing a network of PM10¥2.5 Commenters also noted the lack of be physically established no later than stations as an addendum to the annual currently available continuous FEM January 1, 2009 is not included in this monitoring network plan (see 71 FR PM10¥2.5 instruments and the final rule. However, by January 1, 2011, 2740, 2779) since the only required burdensome resource requirements States must implement the less PM10¥2.5 monitoring will take place as associated with daily sampling extensive monitoring for PM10¥2.5, part of the NCore multi-pollutant requirements using the proposed filter- including speciation sampling, as part stations, already covered by the based FRM. of the generally-applicable requirement proposed plan due July 1, 2009. The The proposed requirement for daily to operate NCore multipollutant EPA has added clarifying language to PM10¥2.5 sampling was based on a data monitoring stations by that date. A plan this final rule requiring Administrator quality objective system analysis that for the implementation of the required approval for the NCore plan due July 1, identified such a frequency as being a NCore multipollutant monitoring 2009 and subsequent annual monitoring key factor in reducing statistical stations, including site selection, is due network plan elements proposing uncertainty at concentrations near the July 1, 2009. modifications, consistent with the level of the proposed 24-hour PM10¥2.5 Little comment was received on the requirement for Administrator approval NAAQS. Since EPA is not finalizing a requirement for the NCore of NCore stations in section 3(a) of PM10¥2.5 NAAQS but instead is multipollutant sites to be physically appendix D. requiring a more limited set of PM10¥2.5 established no later than January 1, The proposed plan element monitors at NCore sites to support 2011, and that requirement remains supporting PM10¥2.5 suitability tests for objectives other than and (obviously) unchanged in this final rule as EPA NAAQS comparisons likewise is not not including NAAQS compliance, continues to believe that this is practical being adopted since EPA is not additional flexibility in sampling and desirable. finalizing the proposed PM ¥ frequency requirements is appropriate. 10 2.5 5. System Modifications NAAQS. Although daily sampling of PM10¥2.5 at The proposed prescriptive wording NCore sites remains a desirable In part, EPA started this rulemaking with reference to public hearings in the outcome, and will become a more based on the recognition by EPA and context of reviews of changes to practical goal with the advent of leaders of State and local monitoring violating PM2.5 monitors and/or continuous FEM monitors in several agencies that State/local monitoring community monitoring zones (71 FR years, EPA has reduced the PM10¥2.5 networks should be modified to reduce 2780) has been modified to specify that sampling frequency requirement in this some types of monitoring activity in draft plans containing such proposed final rule to 1-in-3 days. some areas and to begin new types of changes to PM2.5 networks must be The EPA proposed reducing the monitoring. The EPA proposed rule made available for public inspection sample frequency requirement for PM10 changes to revise the minimum required and comment by States prior to manual methods. Reducing the sample number of monitors for ozone (O3), submission to the EPA Regional frequency for PM10 was possible since PM2.5, lead (Pb), and PAMS pollutants Administrator but that States can design EPA had proposed to have daily and to eliminate altogether the the process for achieving such goals. sampling of PM10¥2.5 to support minimum number of required monitors protection from thoracic coarse for carbon monoxide (CO), sulfur 3. Operating Schedules particles. As published elsewhere in dioxide (SO2) and nitrogen dioxide The EPA proposed that manual PM2.5 today’s Federal Register, EPA is (NO2) in order to utilize scarce resources monitors at SLAMS be required to retaining the 24-hour PM10 standard and more productively by allowing for operate on a 1-in-3 day sampling not finalizing a PM10¥2.5 standard. The reductions in the number of monitoring frequency, except under certain EPA is also only finalizing a limited sites where appropriate. See 71 FR 2729. conditions and when approved by the network of PM10¥2.5 monitors at multi- The EPA stated in the proposal that Regional Administrator. See 71 FR 2780. pollutant NCore stations for scientific the remaining requirements for the As discussed in section II.E.1 of the purposes. Therefore, since the existing minimum number of monitors for Pb, preamble to the final revisions to the requirement for PM10 sample frequency PM2.5, and O3 were intended to be PM NAAQS, published elsewhere in is for daily sampling for the site with necessary but not always sufficient to this Federal Register, commenters the expected maximum concentration in meet the requirements in section pointed out a potential bias in the each area, and previous assessments of 110(a)(2)(B) of the Clean Air Act (CAA) method used to calculate the 98th the 24-hour standard demonstrates that that State implementation plans (SIPs) percentile form of the 24-hour PM2.5 maximizing sample frequency will provide for operation of appropriate NAAQS. As explained there, to avoid minimize decision errors, EPA is systems to monitor, compile, and this potential bias, EPA is requiring retaining the existing daily sample analyze data on ambient air quality. daily sampling at design value sites that frequency requirement for the site with Similarly, although EPA believes that are within 5 percent of the 24-hour expected maximum concentration in one-size-fits-all rules for the number of NAAQS for PM2.5. each area. This existing requirement CO, SO2, and NO2 monitors are no The EPA proposed that manual also allows for other sites in the same longer appropriate in light of the rarity PM10¥2.5 samplers at SLAMS stations area to operate on a 1-in-6 day sample of NAAQS violations for those must operate on a daily schedule, frequency. Sample frequency relief is pollutants, EPA believes that some without a requirement for any possible for expected maximum monitoring should be continued in collocated continuously operated FEM concentration sites that are significantly many areas for these pollutants. ¥ PM10 2.5 samplers. See 71 FR 2780. away from the 24-hour PM10 NAAQS Accordingly, EPA proposed to continue Numerous commenters noted that a 1- and in seasons exempted by the to require States to propose changes in in-3 day sampling frequency was Regional Administrator. their monitoring networks, including acceptable for PM2.5 sites and said that discontinuation of monitors, and obtain the same sampling frequency for 4. Monitoring Network Completion for EPA approval before making changes, PM10¥2.5 and NCore Sites PM10¥2.5 would produce sufficient data even when the remaining minimum for comparison to the proposed 24-hour The proposed requirement for requirements, if any, for number of PM10¥2.5 NAAQS averaged over 3 years. specified numbers of PM10¥2.5 sites to monitors would still be met after the
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changes. The EPA approval would be final rule, govern only EPA’s monitoring objectives. The paragraphs given by the Regional Administrator, consideration of changes which below address two objectives that were usually through approval of the annual monitoring agencies seek to adopt. The most often mentioned by commenters. monitoring network plan, except for EPA recognizes that funding constraints Several commenters stated that changes involving NCore sites, PAMS may require agencies to discontinue ambient monitoring can serve as a sites, and PM2.5 speciation trends sites monitors that they otherwise would continuing check on the compliance of which would require Administrator operate, but this reinforces the need for a specific source, or sources in the approval. EPA review and the usefulness of aggregate, with applicable emissions While local situations need to be having criteria for discontinuance to limits. The EPA believes that given that considered individually, EPA proposed govern that review. factors such as wind direction, six criteria for approval of requests to A few commenters suggested that EPA dispersion conditions, and atmospheric discontinue monitors. See 71 FR 2749. include in the rule or provide via reactivity conditions can greatly To summarize, the six criteria guidance specific formulas or influence the relationship between addressed: (1) Any monitor which could calculation procedures regarding the emissions and ambient concentrations, be shown to have a low probability of estimation of the probability of a future situations are infrequent in which future violations; (2) a CO, PM10, SO2, NAAQS exceedance, which is the basis ambient monitoring is a critical, or the or NO2 monitor that has been reading of the first of the six proposed most important, element of source consistently lower than another monitor adjudicative criteria. The EPA intends compliance monitoring. Other EPA in the same area; (3) any highest reading to provide guidance on this matter in rules address requirements for direct monitor that has not indicated any the future, but we believe that binding emissions and compliance monitoring NAAQS violation in the previous 5 formulas or procedures in rule form for many types of sources. Ambient years and for which the approved SIP would preclude development of better monitoring agencies will have the provides for an alternative to continued general procedures and the sort of case- option of continuing to operate ambient monitoring; (4) any monitor which specific analysis of unique factors that monitors they feel are useful for this cannot be compared to a NAAQS is likely to be appropriate in some objective. because of siting considerations; (5) any situations. Some commenters stated that the monitor designed only to measure A number of commenters stated that ability to track trends in air quality and transport from upwind areas if another the six proposed criteria were overly assess whether those trends are transport monitor were replacing it; and focused on whether a monitor is consistent with trends expected from (6) any monitor for which logistical providing data for use in making the emission control program in general problems make continued operation at comparisons to the NAAQS for or from specific control measures (i.e., the current site impossible. Situations purposes of attainment/nonattainment accountability) could be impaired if too not addressed by these criteria would be findings, and that decisions to remove many existing monitors are removed. considered on a case-by-case basis. or retain a monitor should also The EPA believes that tracking trends is The EPA received a number of recognize the utility of the monitor in most important for O3, PM2.5, and PM10 comments on the proposed removal of satisfying other required monitoring because these are the NAAQS with more the minimum monitoring requirements objectives. Section 1 of the proposed than a few remaining nonattainment for some of the criteria pollutants, on appendix D of 40 CFR part 58 stated that areas. For these pollutants the revised the revision of the minimum numbers of air monitoring networks must be requirements in this final rule for monitors for other criteria pollutants, on designed to meet three monitoring minimum number of monitors, the new the six proposed criteria for objectives: (1) Providing air pollution requirement for NCore multipollutant discontinuing monitors, and on the data to the public; (2) supporting monitoring stations, and the interest of issue of discontinuing monitors more compliance with ambient air quality monitoring agencies in continuing these generally, mostly from State and local standards and emission strategy types of monitoring as indicated by the monitoring agency officials. This final development; and (3) supporting air comments themselves will, in EPA’s rule provisions on minimum numbers of pollution research studies. Some opinion, result in networks that are monitors for O3, PM2.5, PM10, and Pb are commenters pointed out that EPA has appropriately robust for tracking trends discussed in section V.E of this articulated in the draft National and assessing causal factors. The EPA preamble. Comments on the other parts Ambient Air Monitoring Strategy 11 believes that the availability of multiple of the proposal are addressed here. A seven objectives for the NCore collocated and time resolved few commenters specifically endorsed multipollutant monitoring stations measurements at NCore sites will be a all or part of these proposals, or at least (overlapping in part with the three major advantage in this work. the intention to facilitate reductions in objectives in section 1 of appendix D) The Response to Comments document unnecessary or duplicative monitoring and stated that single-pollutant stations available in the docket explains in more activities. Most commenters expressed should be considered to be part of an detail how the other objectives concern over the proposals. overall network to meet these objectives. mentioned by commenters are A number of commenters appear to The EPA agrees that these two sets of consistent with the six proposed have interpreted the proposals as overlapping objectives are important criteria. indicators of network reductions EPA and that monitors should not be Accordingly, this final rule mirrors intended to require monitoring agencies discontinued without regard to whether the proposals, with the following four to make, and expressed opposition to these objectives will continue to be met, exceptions: such reductions. The EPA clarifies here but EPA believes the proposed criteria, (1) In the first criterion, which as that EPA believes that proposals for along with other provisions regarding proposed would have allowed the network modifications should generally approval of annual monitoring network removal of a monitor for any criteria be initiated by the monitoring agency; plans and periodic network pollutant if it has shown attainment EPA does not intend to compel any assessments, protect the required over the last five years and has less than agency to remove any monitor. The a 10 percent probability of exceeding 80 proposals related to network 11 ‘‘Draft National Ambient Air Monitoring percent of the NAAQS over the next modifications, and the provisions in this Strategy,’’ December 2005. three years and if it is not specifically
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required by the attainment plan or required under the accelerated deadline agencies. See 71 FR 2748. The following maintenance plan, this final rule also to be due by May 1, 2009, for data Air Quality System (AQS) reporting conditions the removal of the last collected in 2008. The EPA proposed requirements were proposed for remaining SLAMS monitor in a this change to provide opportunity for elimination: Maximum and minimum nonattainment or maintenance area on an earlier start and completion for ambient temperature, maximum and the attainment plan or maintenance nationwide designation actions, to minimum ambient pressure, flow rate plan not having any contingency provide States and the public with coefficient of variation, total sample measure triggered by air quality earlier design values in time for most volume, and elapsed sample time. AQS concentrations. If a plan does have such ozone seasons, and to support other data reporting requirements were retained for a trigger, a plan revision to remove that uses that could benefit from earlier data average ambient temperature and trigger would have to be adopted by the certification. average ambient pressure, and any State and approved by EPA. The EPA In response, some commenters applicable sampler flags. will address the requirements for such expressed reservations about the The EPA also proposed a requirement a revision at a future date. accelerated schedule as it applies to all for the submission of data on PM2.5 field (2) While the preamble described a submitted data, while others supported blank mass in addition to PM2.5 filter- sixth criterion for approval of State the proposal for continuous instruments based measurements. See 71 FR 2749. proposals to discontinue a monitor, that collect and report hourly data but Field blanks are filters which are having to do with logistical problems at not for data requiring lab analysis for handled in the field as much as possible a current site, the proposed rule text samples collected in the field. These like actual filters except that ambient air inadvertently omitted this criterion. commenters were concerned about the is not pumped through them, to help This final rule includes it. feasibility and cost of meeting an quantify contamination and sampling (3) The second and third criteria have accelerated schedule. The EPA notes artifacts. This requirement only applies been slightly revised to make them that some States have recently provided to field blanks which States are already applicable also to the lower reading certifications for filter-based data ahead taking into the field and weighing monitor of a pair that are in the same not only of the July 1 deadline, but also through their laboratory procedures. attainment area and county, and not just of the proposed May 1 deadline, when Commenters supported the proposed to the lowest reading monitor of a pair such certifications were deemed changes to data submittal requirements that are in the same nonattainment area advantageous by the States for data uses and they are being finalized without or maintenance area. A commenter such as PM2.5 nonattainment modification. The requirement for pointed out the need for this revision to designations. This suggests that all reporting of field blank mass data begins achieve the obvious intention of the States could be capable of certifying with filters collected on or after January proposal. data by the proposed May 1 deadline, if 1, 2007. (4) The third proposed criterion, not earlier, if they invest in needed 8. Special Purpose Monitors worded to apply only to ‘‘the highest improvements in information reading monitor * * * in a county,’’ technology or efficiencies in The January 17, 2006 proposal required that a described monitor could administrative procedures. Therefore, included a background explanation of be removed only if the approved SIP this final rule includes the proposed the historical distinctions between provided for a specific, reproducible May 1 deadline. In recognition of the regular air monitors and special purpose approach to representing the air quality time necessary for States to adjust to the monitors (SPMs) with respect to of the affected county in the absence of accelerated certification requirement, monitoring objectives, siting actions, actual monitoring data. While EPA the implementation date has been quality assurance, and use of data. See intended the highest reading monitor to delayed 1 year, until May 1, 2010, for 71 FR 2745. The EPA proposed a be addressed in this third criterion, EPA data collected in 2009. revision of the definition of SPM, to the did not intend to preclude the One commenter questioned the types effect that any SPM must be in excess possibility that a lower reading monitor of annual summary reports that would of the required minimum number of ineligible for removal under the first required to be submitted with the data monitors and that designation of a two criteria could be addressed also. certification letter, finding the proposed monitor as an SPM be made by the This final rule revises the criterion to requirements of 40 CFR 58.15(b) State. The EPA also proposed that States encompass any monitor not eligible for unclear. The EPA notes that different would continue to be able to choose to removal under the first two criteria reports were mentioned in the proposal start and stop SPMs at will, without where applicable. to clarify the difference between SLAMS needing EPA approval and that States be and SPM monitors (only FRM, FEM, required to submit all data from SPMs 6. Annual Air Monitoring Data and ARM SPM monitors are required to to the AQS operated by EPA. In Certification be certified) and to ensure that annual addition, EPA proposed that States The EPA proposed a shorter summary reports are provided for both follow 40 CFR part 58 appendix A timeframe for States to submit the types of monitors. Providing one annual quality assurance requirements for any annual letter certifying ambient summary report for certification of both SPM that utilizes a FRM, FEM, or ARM concentration and quality assurance SLAMS and SPM data is appropriate. instrument and which is sited data to the Administrator. See 71 FR An additional report providing a consistently with the requirements of 2749. Under current requirements, summary of precision and accuracy data appendix E (which does not apply to States have until July 1 to certify data is necessary to demonstrate that SPMs on a mandatory basis). The from January 1 to December 31 of the applicable monitors meet appendix A existing rule provides that States follow previous year. For data collected in criteria. these requirements only if the data from 2006, for example, the annual the SPM are intended by the State for certification letter is due no later than 7. Data Submittal use in attainment/nonattainment July 1, 2007. Under the proposed The EPA proposed to reduce the data determinations. requirement, the schedule for reporting requirements associated with The EPA also proposed that data from certification would be moved up 60 PM2.5 FRMs to ease the data the first 2 years of operation of a SPM days, with the data certification letter management burden for monitoring (even if using a FRM, FEM, or ARM
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instrument and meeting appendix A and appendix A, if the SPM is a FRM, FEM, monitoring that could benefit air quality E requirements) would not be used by or ARM. All other commenters on this management. EPA in attainment/nonattainment issue contended that States should be In the proposal preamble (71 FR 2745, findings for PM2.5 or O3 if the monitor allowed more flexibility. Most of these January 17, 2006), EPA stated that it stopped operating by the end of those 2 commenters agreed that regular quality understood and to some degree years. See 71 FR 2745. For CO, SO2, assurance practices were desirable sympathized with the thrust of very NO2, Pb, and the 24-hour PM10 NAAQS, generally, but stated that practical similar input EPA had received during EPA proposed that data from the first 2 difficulties can arise at a specific SPM the development of the proposed rule, years of operation of a SPM would not site, such that requiring regular quality but that EPA believed that under the be used by EPA for nonattainment assurance practices would effectively CAA EPA may not legally ignore redesignations but that such data would mean that the SPM could not be legally technically valid data from FRM and be considered when determining operated at all and the useful data it FEM (and by implication and logical whether a nonattainment area had could have provided would be lost to extension ARM) monitors when making attained the NAAQS. The reasons for users. attainment or nonattainment this distinction by pollutant had to do After considering these comments, determinations. The comments have not with differences in the form of the EPA continues to believe that regular provided EPA with any reason to respective NAAQS and whether the quality assurance practices are practical change this view of our legal obligation. EPA action in question is mandatory or and of reasonable cost and feasibility in There are only two situations where discretionary. These reasons were nearly all situations, as shown by EPA would not have to consider such explained in detail in the preamble to successful adherence to these practices data. One situation is when the data the proposal. Finally, EPA proposed at thousands of regular monitoring would be insufficient for making a that currently operating monitors not stations. They are appropriate in most finding because it is of insufficient already designated as SPMs could not cases and should be the presumptive duration given the averaging period or be designated as SPMs after January 1, requirement. As proposed, this final form of the relevant NAAQS. This was 2007. rule provides for a transition period by the basis for the proposal concerning The EPA received many comments on delaying this requirement until January PM2.5 and O3 for which the form of the these issues, mostly from State and local 1, 2009. However, EPA recognizes that NAAQS requires 3 years of data. air monitoring officials but also from unusual situations may exist in which The other situation is when EPA has two industry groups. No commenter exceptions should be allowed. For the discretion to simply not make a objected to the flexibility States have to example, a State, perhaps with EPA finding or to take an action, for example start and stop SPMs. That flexibility is encouragement, might operate an by taking no action to redesignate an retained in this final rule. automated O3 monitor year-round but area to nonattainment even though a Some commenters pointed out an have difficulty getting personnel and SPM indicates a new violation of a ambiguity in the proposed requirement equipment to the site regularly in winter NAAQS subsequent to the area’s initial that data from SPMs be submitted to due to road conditions. This final rule designation as attainment. This was the AQS. The EPA intended, but did not allows the Regional Administrator to basis for the proposal concerning the clearly state in the proposal, that this approve other appropriate quality CO, SO2, NO2, Pb, and PM10 NAAQS. requirement apply only to SPMs that are assurance practices if the requirements Unlike the PM2.5 and O3 NAAQS, the FRMs, FEMs, or ARMs and that are of 40 CFR part 58 appendix A would be NAAQS for these pollutants have forms operated consistently with the physically and/or financially that allow a nonattainment finding requirements of 40 CFR 58.11 (network impractical due to physical conditions based on only 1 or 2 years of data, either technical requirements), 40 CFR 58.12 at the monitoring site and the quality because the NAAQS is explicitly based (operating schedule), and part 58, assurance practices are not essential to on only one year of data or because a appendix A (quality assurance achieving the intended data objectives. single year of data may include so many requirements). These would be the This approval can be given separately, exceedances that it is certain that the SPMs that produce data that will be of or as part of the approval of the annual average number of expected most interest to EPA and the public, monitoring plan. Approval of alternative exceedances over three years will be because except for possible quality assurance practices for all or greater than one. However, for these inconsistencies with the siting part of the year does not qualify the other NAAQS, EPA does not have a requirements of appendix E to part 58, affected data from an affected SPM for mandatory duty to make nonattainment these are the type of data which can be comparison to the relevant NAAQS. redesignations until such time as the compared to the respective NAAQS. Most of the comments received on the NAAQS are revised. In the absence of This final rule provides this SPM proposals addressed the either a NAAQS revision or a State clarification. application of SPM data to attainment/ request for redesignation, the One commenter suggested that the nonattainment findings and Administrator has discretion in specific reference to the AQS data designations. One citizen supported the determining whether to redesignate an system be made more general, to proposal. About 20 commenters argued area based on data from a SPM which provide for the development and use of for a general, indefinitely long has operated for two years or less. The other suitable data submission systems prohibition on the use of data from EPA does regard air quality violations in the future. This comment is relevant SPMs for nonattainment findings and seriously, and does expect States to take to all monitoring data, not just data from designations, for States to have a way of actions to reduce air quality to healthy SPMs. This final rule retains references blocking EPA from using particular SPM levels in any areas that are experiencing to AQS. If AQS is replaced or data indefinitely, or for States to be able violations. However, EPA recognizes supplemented with approved to negotiate in advance with EPA for that there are other ways to address alternatives in the future, terminology particular SPM data to not be used. such violations besides redesignating an can be updated at that time. Those commenters who explained their area as nonattainment. For example, One State official supported the position generally stated that the risk of EPA can work directly with a State and proposal that SPMs be subject to the a nonattainment finding would nearby industries to take appropriate regular quality requirements of discourage voluntary special purpose actions to reduce emissions that are
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contributing to the violation. The EPA part 58 of the 1997 rule), 12 a SPM that comparable to the respective NAAQS has worked in this way with States in is not population-oriented may not be under existing rules and EPA policies. the past. In the case of PM10, EPA stated used in comparisons to the PM2.5 See 71 FR 2719–20. The EPA also in section VII.B of the preamble to the NAAQS; this may be the situation in proposed to relocate one of the NAAQS rule (printed in today’s Federal some studies focusing on near-source provisions mentioned in the discussion, Register) that because EPA is retaining impacts as well as in some studies of proposing to move pre-existing PM2.5 the current 24-hour PM10 standards, transport of air pollution from rural rule language currently found in section new nonattainment designations for upwind areas. If the Regional 2.8.1.2.3 of appendix D to 40 CFR 58.30 PM10 will not be required under the Administrator has approved alternative of subpart D without substantive provisions of the Clean Air Act. quality assurance practices in place of change. This relocation would provide a With respect to the second situation, the requirements of appendix A, the more prominent rule location for applicable to the CO, SO2, NO2, Pb, and data from the affected SPM are not monitoring requirements detailing the 24-hour PM10 NAAQS, EPA believes it eligible for comparison to the relevant comparability of ambient data to the could have extended the proposed 2- NAAQS. PM2.5 NAAQS. See 71 FR 2782. One year exclusion from use of SPM data in In reviewing comments about SPMs, commenter objected, not to this making nonattainment findings to a EPA noticed that the proposed rule text proposed rearrangement of rule longer period. However, such a for 40 CFR 58.11(d) implied that all language, but rather to the underlying provision could exclude more data than SPMs using FRM, FEM, or ARM existing (1997) requirement that PM2.5 appropriate and could prevent methods must meet appendix E siting sites must be population-oriented to be consideration of violations in making requirements. This was not our comparable to the PM2.5 NAAQS. This nonattainment decisions even when a intention, as the study objective for a commenter stated that EPA had failed to SPM monitor has shown violations over SPM may require it to be located justify any benchmark for defining an 3 or more years. The EPA believes that inconsistently with appendix E area as population-oriented. Another in some and perhaps many situations requirements. The implied restriction in commenter challenged whether EPA like this, it would be good policy to 40 CFR 58.11(d) as proposed conflicted had provided an adequate public health avoid a nonattainment designation and with an explicit statement to the basis for this provision. to find other less prescriptive contrary in 40 CFR 58.20(b) as The EPA considers these comments to approaches to reducing risk to public proposed. Removing this implication is be outside the scope of the proposal. health. EPA also believes, however, that certainly in keeping with the sense of EPA noted in the preamble to the it could be appropriate to base a most SPM-related comments, which monitoring proposal that some existing nonattainment designation on such data supported flexibility for States to regulatory language was being reprinted in some other cases, where a operate SPMs as they choose. The without change and that such reprinting nonattainment designation is the promulgated version of 40 CFR 58.11(d) was done solely for the readers’ appropriate way to deal with a long- is drafted so as to remove this implied convenience to aid in viewing the term nonattainment problem. Since restriction. Data from a SPM not sited proposal in a single context (71 FR under the final rule EPA still has the consistently with appendix E are not 2712). EPA also stated that all of the discretion not to make nonattainment eligible for comparison to the respective background description of existing redesignations based on three more NAAQS, unless the State has requested regulatory provisions—including the years of data if EPA so chooses, EPA and EPA has approved a waiver of these provision the commenters challenged— concludes the appropriate approach is criteria. was presented not to reexamine any of not to universally extend the exclusion In the course of considering all the the background provisions but rather and rather rely on the Administrator’s public comments on SPMs, EPA ‘‘to facilitate informed public comment’’ discretion to redesignate areas only in realized that the proposed restriction on on certain aspects of the proposal other appropriate cases. designating pre-existing SLAMS than these background provisions. This final rule follows the proposed monitors as SPMs after January 1, 2007 These other provisions were approach for use of data from SPMs. would have the effect of preventing a ‘‘requirements for the proposed The EPA would like to emphasize, State from switching a monitor to SPM PM10¥2.5 NAAQS’’, ‘‘provisions for however, that States and other parties status even if EPA had approved the special purpose monitors’’, provisions will have practical ways of obtaining outright removal of that monitor under ‘‘related to the required spacing between useful information using SPMs without other provisions. This could be counter- ozone monitors and roadways’’, and risk of a nonattainment redesignation. In productive. This final rule provides that ‘‘certain quality assurance many situations, the potential problem if EPA has approved the discontinuation requirements’’ (71 FR at 2719). EPA thus to be investigated, or the place under of a SLAMS monitor, the State may did not seek comment on, reconsider, or investigation, is such that a FRM, FEM, choose to retain the monitor and otherwise reopen the pre-existing or ARM instrument meeting the siting redesignate it to be a SPM. Such a provision regarding population-oriented requirements of 40 CFR part 58, PM monitors (or any of the other monitor could be removed later without 2.5 appendix E is not the only suitable provisions recited in the background further EPA approval. measurement system, and may not even section). The EPA notes, however, that be a preferred way to measure. For 9. Special Considerations for Data the pre-existing rule and this final rule example, there are many commercially Comparisons to the National Ambient do provide the same definition of available PM2.5 monitors that lack FRM, Air Quality Standards population-oriented, in 40 CFR 58.1 FEM, or ARM status that nevertheless By way of background, the preamble Definitions, which while not quantified would be suitable for an initial study of to the proposed monitoring rule in terms of population affected has PM2.5 concentrations in an unmonitored provided an explanation of when and served to guide PM2.5 monitor area of interest. In some other cases, 2 how monitoring data are considered placement and interpretation of years may be sufficient to achieve the monitoring data since 1997. study objectives. Finally, under the 12 EPA is recodifying this provision in section The most controversial portion of this 1997 rule (see statement at 71 FR 2719 58.30 of the final monitoring rule, but is not part of the proposal dealt with issues and section 2.8.1.2.3 of appendix D to reconsidering or otherwise reevaluating it. pertaining to the proposed NAAQS for
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PM10¥2.5. The EPA proposed a new five- help determine and ensure data quality for example, the data quality necessary part suitability test for the comparison comparability across individual for EPA or a monitoring organization to of PM10¥2.5 data to the proposed monitoring programs. make data comparisons against the qualified PM10¥2.5 indicator. This test The EPA received some comments NAAQS. The DQOs help to establish the included an urbanized area population expressing concerns about the funding requirements for the data quality criterion, a block group population of the quality system. Funding issues indicators of precision, bias, density criterion, a requirement for sites are addressed in section III.E of this completeness, and detectability and the to be population oriented, an exclusion preamble. Substantive and procedural rationale for the acceptance criteria for for source-influenced microscale sites, issues are addressed here. these indicators. The EPA received a and a site-specific assessment to insure 1. General Quality Assurance number of endorsements on this that data were dominated by certain Requirements approach and did not receive negative sources of concern. See 71 FR 2736– comments. This final rule matches the 2738. The EPA received extensive The EPA proposed to revise or proposed rule. comment on the proposed PM10¥2.5 include a number of general QA 2. Specific Requirements for PM ¥ qualified indicator and on the proposed provisions that would serve to 10 2.5, PM2.5, PM10 and Total Suspended PM ¥ NAAQS five-part site- consolidate information and to ensure 10 2.5 Particulates suitability test. These issues are now conformance to the QA requirements moot since EPA is not adopting a specified in EPA Order 5360.1 A2. The EPA proposed to revise some of The EPA proposed to consolidate the NAAQS using a PM10¥2.5 indicator. See the PM2.5 and PM10 QA requirements in also section III.C of the preamble to the QA requirements for SLAMS and PSD an attempt to provide consistency in final rule adopting revisions to the PM stations from two separate appendices, implementation and assessment. Since NAAQS which explains why EPA did 40 CFR part 58, appendices A and B, PM10¥2.5 monitoring was proposed to be not adopt the proposed qualified into one single appendix A because both required, EPA included similar QA indicator for thoracic coarse particles programs have similar QA requirements. requirements for this monitoring. These and why the proposed monitoring See 71 FR 2725. The EPA received only requirements included the suitability criteria proved to be endorsements on the proposed implementation of flow rate audits inappropriate. consolidation and therefore this final conducted by the monitoring rule consolidates these appendices. organization, collocated monitoring, and C. Appendix A—Quality Assurance The EPA proposed to revise the part performance evaluations. Requirements for State and Local Air 58 appendix A to conform to the current The EPA proposed to make all the Monitoring Stations and Prevention of EPA Quality Assurance Policies in EPA requirements for flow rate verifications Significant Deterioration Air Monitoring Order 5360.1 A2 which requires and audits consistent among the A quality system provides a agencies that accept Federal grant PM10¥2.5, PM2.5, and PM10 methods. See framework for planning, implementing funding for their air monitoring 71 FR 2728. This requirement would and assessing work performed by an programs to have a QA program with have increased the audit frequency for organization and for carrying out certain elements including quality PM10 monitoring and decreased the required quality assurance (QA) and management plans (QMPs), quality audit frequency for PM2.5 monitoring. quality control (QC) activities. The assurance project plans (QAPPs), and Most commenters endorsed the proposed amendments to 40 CFR part the identification of a QA management proposed approach but a few 58, appendix A were intended to function. EPA received three sets of commenters voiced concerns regarding provide the requirements necessary to comments endorsing the revision and the increased frequency for high-volume develop quality systems for monitoring received one comment expressing samplers for PM10 and total suspended the pollutants of SO2, NO2, O3, CO, concern about the identification of the particulates (TSP) which operate PM2.5, PM10 and PM10¥2.5 at SLAMS QA manager function. See 71 FR 2725. somewhat differently and are not as stations including NCore stations, The proposed regulation would not easy to audit. The EPA reviewed the PAMS, and Prevention of Significant have required that monitoring comments and revised the flowrate Deterioration (PSD) networks, and SPM organizations identify a QA manager but verification requirement from monthly stations using FRM, FEM, or ARM would have required that they provide to quarterly for the hi-volume manual monitors. The proposed revisions for a QA management function, which instruments sampling for PM10 and TSP addressed responsibilities for provides for independent oversight of only. implementing the quality system for the ambient air monitoring quality The EPA proposed to revise the EPA and monitoring organizations. system. The EPA feels that the proposed sampling frequency for the They also addressed adherence to EPA’s language captures the essence of the implementation of the PM2.5 QA policy, DQOs, and the minimum QC requirements in EPA Order 5360.1A2, Performance Evaluation Program (PEP). requirements and performance while accommodating the diverse See 71 FR 2726. This proposed evaluations needed to assess the data nature of the ambient air monitoring approach, based on historical PM2.5 quality indicators of precision, bias, community which is made up of large precision and bias data, identified the detectability, and completeness. In and small (local and Tribal) minimum number of performance addition, the proposed amendments organizations. Consistent with the evaluations required for all primary described the required frequency of the majority of positive feedback, and the quality assurance organizations to QC requirements and performance need for conformance to the EPA Order, provide an adequate assessment of bias, evaluations, the data to be collected, this final rule matches the proposed rule rather than the current requirement that and the statistical calculations for on this point. a uniform 25 percent of monitors in a estimates of the data quality indicators The EPA proposed to revise the QA primary quality assurance organization at various levels of aggregation. The program by emphasizing the DQO be evaluated each year. The revision revised statistical calculations would be process. See 71 FR 2725. A DQO is a would establish a suitable sampling used to determine attainment of the qualitative and quantitative statement frequency of five valid audits a year for DQOs. The proposed amendments also that defines the appropriate quality of organizations with less than or equal to addressed required auditing programs to data needed for a particular decision— five monitoring sites and eight valid
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audits a year for those organizations sample size, lowering the concentration provide a distribution of collocation with greater than five monitoring sites. values tends to tighten or lower the across the United States, EPA will The majority of commenters approved confidence limits because more data require, at a minimum, one collocated of the PEP reduction frequency. A few points are available in the sample and site in each EPA Region. The Regional commenters suggested that some therefore offsets any greater variability Administrator shall select the sites for primary quality assurance organizations that might be associated with lower collocation. The site selection process do not need to be audited and said PEP concentrations. Therefore this final rule will also consider selecting States with audits should only focus on those matches the proposed rule. more than one PM10¥2.5 site to have one producing inferior results. The EPA Based upon the decision that there is or two of the required collocations and will aim for an appropriate distribution disagrees with this comment and no need to implement a PM10¥2.5 believes that because the PEP program monitoring program broad enough to among rural and urban sites. needs to provide a periodic estimate of systematically determine attainment/ For the PEP, this final rule departs from the proposal by requiring only one bias for each primary quality assurance nonattainment with a PM10¥2.5 NAAQS, organization, the program must be EPA has modified the proposed PEP audit at one PM10¥2.5 site in each primary quality assurance organization implemented at each primary quality PM10¥2.5 collocation precision assurance organization. requirement and the Performance each year. The proposed rule would There was also a comment suggesting Evaluation Program (PEP) requirements have required five or eight PEP audits further reductions to the auditing in this final rule. See 71 FR 2726. The for PM10¥2.5 in each organization. See 71 FR 2787, 2788. Since the PEP is frequency or requiring the same number proposed quality system for PM ¥ 10 2.5 already being run, at present, for the of audits over a longer period of time. was developed for NAAQS comparison PM network and it is expected that The proposed audit cycle is based on 3 purposes and would have provided 2.5 the PM ¥ FRMs will utilize the same years since that is how many years of reliable precision and bias estimates at 10 2.5 FRMs as the PM samplers, the PEP data are collected for comparison the the primary quality assurance 2.5 audit for the PM ¥ site can count PM2.5 NAAQS. Therefore, the audit organization level of aggregation. 10 2.5 towards the required number of PEP cycle frequency was based on the However, EPA is not adopting a NAAQS audits for PM2.5 sites. It will be number of audit values needed to using a PM ¥ indicator at this time, 10 2.5 necessary to place a PM PEP sampler provide EPA the confidence in our bias so EPA is now requiring a network of 10c at the NCore site also but, this estimates at the primary quality PM ¥ monitors only at NCore 10 2.5 incremental requirement will not be a assurance organization over a 3 year stations. The goal of these monitors will period. Therefore, this final rule significant additional resource burden. be to improve our understanding of When and if FEMs are implemented at matches the proposed rule. PM10¥2.5, support health studies for some PM ¥ sites, the PEP audit will The EPA proposed to reduce the future reviews of the NAAQS, and 10 2.5 lower ends of concentration limits for be an additional audit at those promote improvements in the particular sites and will require which collocated data can be used to monitoring technology. States may provide precision estimates. See 71 FR additional resources for auditing. choose to operate additional PM10¥2.5 The incremental cost of placing and 2727. The lower ends of concentration monitors. With this in mind, the quality operating PM10¥2.5 samplers for limits would be reduced from 6 system need not be focused on the data µ 3 purposes of tracking precision will also micrograms per cubic meter ( /m ) to 3 quality assessments at the primary µ 3 be minor in most cases. Many of the /m for PM2.5 and PM10c (low-volume quality assurance organization level of µ 3 µ 3 primary quality assurance organizations samplers) and from 20 /m to 15 /m aggregation but rather can and should be for PM (high-volume samplers). that will implement the PM10¥2.5 10 focused on understanding and monitor at NCore sites are required to Statistical evaluation of 3 years of PM2.5 controlling the data quality of each of implement PM2.5 and PM10 networks. and PM10 data revealed comparable the methods used to collect PM10¥2.5. ¥ estimates of precision using data from Some or most of the initial PM10 2.5 Also, since it is now anticipated that a deployments will be with manual FRM both of these reduced concentration primary quality assurance organization ranges, and also revealed that the instruments, similar to the instruments would have very few PM10¥2.5 sites, the addition of the data at these lower used in the PM2.5 networks and to some proposal, if adopted without change, of the instruments used in the PM ranges will increase the level of 10 would have required almost every networks. The EPA will allow confidence in the precision estimates. NCore site to have a collocated second collocated PM ¥ monitors to be The majority of commenters endorsed 10 2.5 PM10¥2.5 monitor, and the proposal included in the primary quality the approach but there were a few would not provide for assessment of assurance organization’s count for commenters who were concerned that FEM precision even if FEMs are required PM and PM collocation. In the lower concentrations, based on the 2.5 10 approved and deployed in place of some most cases, the primary quality statistics used to estimate precision, or most FRMs since as proposed the first assurance organization’s collocation might lead to greater imprecision collocation requirement of an FEM in a requirements for FRMs will not increase estimates. The evaluation that EPA primary quality assurance organization overall, since it is not anticipated that made with the data from these lower would always be with a FRM. To avoid any one primary quality assurance concentrations included did not show these undesirable outcomes, this final organization will have many additional any major increase in imprecision rule requires fewer collocated samplers PM ¥ sites that are not already both compared to omitting those data.13 10 2.5 than the proposal would have. Under PM2.5 and PM10 sites. The only Since EPA has proposed the use of this final rule, EPA will ensure that restriction to this aggregated collocation target upper confidence limits for collocated sampling for estimating count will be for monitoring statistical assessments and an upper precision be implemented at 15 percent organizations that are operating high- confidence limit is influenced by of FRMs (all FRMs aggregated) and 15 volume PM10 samplers. Since the PM10c percent of the FEMs of each method monitor in a PM10¥2.5 FRM will be a 13 ‘‘Proposal to Change PM2.5 and PM10 Collocation Sampling Frequency Requriements,’’ designation. The number of collocated low-volume sampler, PM10 high-volume Mike Papp and Louise Camalier; November 2005. sites would thus be based on the size of and PM10 low-volume samplers cannot http://www.epa.gov/ttn/amtic/pmgainf.html. the final PM10¥2.5 network. In order to be aggregated together in the collocation
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count and at least one collocated Monitoring organizations that choose three monitoring organizations (besides monitor must be identified for each type to comply with the revised provisions of the one already implementing NPAP) within primary quality assurance appendix A to 40 CFR part 58 regarding opted to implement the NPAP and three organization. Therefore, it is expected performance evaluations by relying on monitoring organizations (besides the that the 15 percent collocation EPA audits, for PM2.5, PM10¥2.5, and/or two already implementing PEP) opted to requirement for PM10¥2.5 FRMs will not other NAAQS pollutants, would be implement the PEP. The EPA believes it actually increase the overall collocation required to agree that EPA hold back has the capability to ensure these State burden at the majority of the primary part of the grant funds they would will implement programs will produce quality assurance organizations beyond otherwise receive directly. These funds data of a quality comparable to the what they would have been required to would be used by EPA to hire Federally implemented program. implement for their PM10 and PM2.5 contractors to perform the audits and to The EPA also received comments networks. purchase expendable supplies. To stating concerns about the stringency of For any FEMs that might be used at ensure national consistency and the definition of adequate and PM10¥2.5 sites, EPA will require 15 effective audits, EPA included independent. Adequacy refers to the percent collocation of each method provisions to ensure certification of data number of audits administered at any designation or at least two collocations comparability for audit services not primary quality assurance organization within each method designation. The provided by EPA and for traceability of and the technical procedures used in EPA will require two collocations in gases and other audit standards to the audits. This final rule does not order to collocate one FEM instrument national standards maintained by the require any additional adequacy with the same method designation to National Institute for Standards and requirements above and beyond what provide estimates of within method Technology. EPA currently implements for the precision and collocate a second with The EPA received a broad range of federally implemented program. The an FRM to provide for an estimate of comments on this proposed revision. EPA evaluates data quality at the bias. These collocations would not The EPA received a few comments in aggregation called ‘‘reporting necessarily need to be at separate support of these programs and one organization’’ (which was changed to monitoring sites. commenter felt that the PEP audits ‘‘primary quality assurance should be increased. In general, the organization’’ in the proposal). The EPA 3. Particulate Matter Performance comments expressing concern with the feels that it needs to collect enough data Evaluation Program and National proposed language did not suggest that to be able to judge data quality within Performance Audit Programs these programs were not necessary but each primary quality assurance The EPA proposed to revise the were concerned about some technical organization over the same period that current regulatory requirements dealing aspects of the programs or with funding it uses the data for comparison to the with responsibilities for independent implications. Funding issues are NAAQS (3 years). assessments of monitoring system addressed in section III.E of this In the case of the PEP for PM2.5, performance. See 71 FR 2726. These preamble. today’s action requires five audits per evaluations are the subject of sections The EPA received a number of year for organizations with five or fewer 2.4 and 3.5.3.1 of the existing (1997) comments expressing concerns that sites and eight audits for those appendix A to 40 CFR part 58. Section allowing the monitoring agencies to organizations with greater than five 2.4 of appendix A to 40 CFR part 58 implement the audit programs sites, the same as proposed. The number applied to all NAAQS pollutants and themselves or through third parties of audits aggregated over three years section 3.5.3.1 applied only to PM2.5. would increase the variability in the provides a reasonable estimate of bias at The EPA proposed to revise the text performance evaluation data. Since one a primary quality assurance of 40 CFR part 58, appendix A to cover of the major goals in the historically organization within an acceptable level PM10¥2.5 and also to clarify that it is the centralized and federally implemented of confidence. For the NPAP program responsibility of each monitoring PEP and NPAP programs has been the addressing NAAQS for CO, SO2, Pb, and organization to make arrangements for, evaluation of data comparability, EPA is NO2, the goal is to perform audits on and to provide any necessary funding also concerned about any additional about 20 percent of the sites each year, for, the conduct of adequate variability and its effect on data but since there may be a number of high independent performance evaluations of comparability. It has been EPA’s priority sites within a primary quality all its FRM or FEM criteria pollutant practice with regard to any State which assurance organization that should be monitors. The proposed language also already performs these audits to perform audited more often, it is anticipated that clearly indicates that it is the side-by-side comparisons of EPA’s NPAP might audit each site within a monitoring organization’s choice equipment and procedures and the primary quality assurance organization whether to obtain its independent State’s procedures to ensure both are over about 7 to 8 years. This 20 percent performance evaluations through EPA’s producing results of acceptable quality. goal is the current EPA practice, but was National Performance Audit Program The EPA has successfully performed not proposed to be required by rule and, (NPAP) and PM2.5 PEP programs, or these comparisons with the California therefore, does not appear in this final from some other independent Air Resources Board’s audit system. rule. organization. An independent These comparisons will be expanded to There were a few comments organization could be another unit of include any additional States which suggesting that some primary quality the same agency that is sufficiently choose to perform audits themselves or assurance organizations do not need to separated in terms of organizational through third parties, rather than ask be audited and that EPA mandatory reporting and which can provide for EPA to do so. During the comment audits for CO, SO2, Pb, and NO2 should independent filter weighing and period, EPA asked the monitoring only focus on those organizations performance evaluation auditing. The organizations whether or not, assuming producing inferior results. The EPA proposed approach would ensure that finalization of the proposed rule continues to believe that it is important adequate and independent audits are changes, they would continue to use the to develop an estimate of bias for each performed and would provide flexibility federally implemented program or primary quality assurance organization. in the implementation approach. perform the audits itself. For 2007, only To do this, the audit program must be
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implemented at each primary quality appendix A (with the exception of to use these older technologies. The assurance organization. The NPAP PM2.5) combine precision and bias EPA received only comments endorsing audits using a through-the-probe together into a probability limit at the the removal of the manual audit checks. approach, which is generally not how primary quality assurance organization Therefore, this final rule matches the audits are performed by the primary level of aggregation. Since the standard proposed rule. quality assurance organizations EPA DQO process uses separate The EPA proposed to change the themselves. By auditing some stations estimates of precision and bias, EPA concentration ranges for QC checks and within a primary quality assurance examined separated assessment annual audit concentrations. The one- organization each year using the methods that were statistically point QC check concentration ranges for through-the-probe approach, the NPAP reasonable and simple. the gaseous pollutants SO2, NO2, O3, can identify problems which the For SO2, NO2, CO, and O3, EPA and CO were expanded to include lower organization may not be aware of on its proposed to estimate precision and bias concentrations. Lower audit ranges were own. Also, EPA continues to believe on confidence intervals at the site level added to concentration ranges for the that it is necessary to provide an of data aggregation rather than the annual audits. Adding or expanding the adequate assessment of data primary quality assurance organization. required range to lower concentration comparability of all primary quality Estimates at the site level can be ranges was appropriate due to the lower assurance organizations every year. accomplished with the automated measured concentrations at many There were also comments concerning methods for SO2, NO2, CO, and O3 monitoring sites as well as the potential the requirement to use independent because there is sufficient QC for NCore stations to monitor areas filter weighing laboratories for the information collected at the site level to where concentrations are at trace ranges. implementation of the PEP. When EPA perform adequate assessments. In addition, EPA proposed that the first implemented the PEP program, The precision and bias statistics for selection of QC check gas concentration EPA established two independent PM measurements (PM10, PM10¥2.5 and must reflect the routine concentrations laboratories to weigh filters for the PEP PM2.5) are generated at a primary quality normally measured at sites within the audits. Due to program efficiencies, EPA assurance organization level because, monitoring network in order to is now using one filter weighing unlike the gaseous pollutants, due to appropriately estimate the precision and laboratory. If primary quality assurance costs only a percentage of the sites have bias at these routine concentration organizations implement the PEP precision and bias checks performed in ranges. The majority of the comments themselves, they should not be able to any year and only a few times per year. EPA received on this proposal were utilize the same laboratory in which As with the gaseous pollutants, the positive but EPA received comments they weigh their routine sampler filters statistics would use the confidence limit that asked for more guidance on how a since any bias or contamination that approach. Using a consistent set of monitoring organization would choose might occur at the routine lab will also statistics simplifies the procedures. the appropriate audit ranges. The EPA be ‘‘passed on’’ to the PEP filter. The EPA also proposed to change the would like to provide as much Because the PEP provides an estimate of precision and bias statistics for Pb to flexibility as possible for the monitoring bias (systematic error), it is necessary to provide a framework for developing and organization to use their local avoid having a systematic bias occurring assessing a DQO. See 71 FR 2727. The knowledge of their monitoring sites to in the routine filter weighing lab affect QC checks for Pb come in three forms: choose their audit concentration ranges. both the PEP filters and the routine Flow rate audits, Pb audit strips, and Accordingly, in this final rule, section filters. Primary quality assurance collocation. The EPA proposed to 3.2.2.1 of appendix A to part 58 organizations interested in combine information from the flow rate establishes a non-binding goal that the implementing the PEP themselves have audits and the Pb audit strips to provide primary quality assurance organization the option to make arrangements with an estimate of bias. Precision estimates select the three audit concentration other State labs, contractor labs, or would still be made using collocated ranges which bracket 80 percent of the utilize the PEP national lab. sampling but the estimates would be routine monitoring concentrations at the The EPA believes that both the NPAP based on the upper 95 percent site. So in general, with some minor and PEP programs serve as an integral confidence limit of the coefficient of modification to address comments, this part of the overall ambient air variation, similar to the method final rule matches the proposed rule. monitoring program quality system and described for the automated instruments The EPA proposed to revise the PM10 provide EPA and the public with for SO2, NO2, CO, and O3. collocation requirement. See 71 FR independent and objective assessments The EPA received only positive 2726. Fifteen percent of all PM2.5 sites of data quality and data comparability. comments on the proposed statistics are required to maintain collocated Both programs provide the only and some typographical corrections. samplers. For PM10, the collocated quantitative independent assessments of This final rule matches the proposed requirements in the existing (1997) data quality at a national level. rule. regulation were three alternative values Therefore, the proposed language was based on the number of routine not changed and this final rule matches 5. Other Program Updates monitors within a primary quality the proposed rule. The EPA proposed several QA assurance organization. For consistency, program changes to update the existing the proposed amendments would have 4. Revisions to Precision and Bias requirements in 40 CFR part 58 to changed the PM collocation Statistics 10 reflect current program needs and requirement to match the PM2.5 The EPA proposed to change the terminology. requirement. This proposed change statistics for assessment of precision and The EPA proposed to remove SO2 and would make the collocation requirement bias for criteria pollutants. See 71 FR NO2 manual audit checks. A review of consistent for PM2.5 and PM10. The EPA 2727. Two important data quality all SLAMS/NAMS/PAMS sites by did not receive any comments on this indicators that are needed to assess the monitor type revealed that no proposed change. Therefore, this final achievement of DQOs are bias and monitoring organizations are using rule matches the proposed rule. precision. Statistics in the current manual SO2 or NO2 methods, nor are The EPA proposed to revise the requirements of 40 CFR part 58, any monitoring organizations expected requirements for PM2.5 flow rate audits.
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See 71 FR 2728. Based on an evaluation methods used at NCore stations are the U.S. which utilizes uniform air of flow rate data and discussions within addressed in section V.E.1 of this quality monitoring criteria and the QA Strategy Workgroup,14 EPA preamble. methodology * * *’’. The EPA proposed to reduce the frequency of The EPA proposed that SLAMS use recognizes that there may be occasions flow rate audits from quarterly to FRMs or FEMs for criteria pollutants. when a unique method is better suited semiannually and to remove the See 71 FR 2728. The EPA also proposed to meet a specific monitoring objective alternative method which allows for that these sites have the additional that is different from NAAQS decision obtaining the precision check from the option of using ARMs for PM2.5. making. In these cases, EPA will allow analyzers internal flow meter without Approved regional methods are for these innovative methods, so long as the use of an external flow rate transfer described in section V.D.2 of this the monitoring agency is not attempting standard. Most monitoring organizations preamble. to use them to meet minimum participating in the QA Strategy Photochemical assessment monitoring requirements for the number of Workgroup considered auditing with an stations (PAMS) were proposed to be monitors for a given criteria pollutant. external transfer standard to be the required to use FRM or FEM monitors For example, a low cost method might preferred method and believed that the for O3, with most expected to use the O3 be applied as a SPM to provide short quarterly audit data demonstrated the ultraviolet photometry FEM and the term data for validation of an air quality instruments were sufficiently stable to nitric oxide (NO) and NO2 model. reduce the audit frequency. The EPA chemiluminescence FRM for criteria 2. Approved Regional Methods for PM did not receive any comments on this pollutant measurements. See 71 FR 2.5 proposal; therefore, this final rule 2728. Methods for volatile organic The EPA proposed amendments that matches the proposed rule. compounds (VOC) including carbonyls, expanded the allowed use of alternative additional measurements of gaseous PM2.5 measurement methods through D. Appendix C—Ambient Air Quality nitrogen, such as NOy, and ARMs. See 71 FR 2729. The EPA also Monitoring Methodology meteorological measurements are proposed to extend the existing 1. Applicability of Federal Reference routinely operated at PAMS. Because provisions for approval of a Methods and Federal Equivalent these measurements are not of criteria nondesignated PM2.5 method as a Methods pollutants, the methods were not subject substitute for a FRM or FEM at a to the requirements for reference or specific individual site to a network of The EPA proposed that monitoring equivalent methods. However, these sites. This approval would be extended methods used in the multipollutant methods were described in detail in the on a network basis to allow for NCore, SLAMS, and PAMS networks report, ‘‘Technical Assistance Document flexibility in operating a hybrid network were required to be FRMs, FEMs, ARMs, (TAD) for Sampling and Analysis of of PM2.5 FRM and continuous monitors. or where appropriate, other methods Ozone Precursors.’’ 15 The size of the network, in which the designed to meet the DQOs of the The EPA proposed that SPM sites ARM could be approved, would be network being deployed. See 71 FR have no restrictions on the type of based on the location of test sites 2731. Specifics on the monitoring method to be utilized. While FRM and operated during the testing of the methods proposed for use at each type FEM can be employed at SPM sites, candidate ARM. The proposed of site are described below. other methods, not limited to The EPA proposed that NCore amendments would have required that continuous, high-sensitivity, and multipollutant stations must use FRMs test sites be located in urban and rural passive methods, may also be utilized. or FEMs for criteria pollutants when the locations that characterize a wide range Because the SPM provision was expected concentration of the pollutants of aerosols expected across the network. designed to encourage monitoring, was at or near the level of the NAAQS. A hybrid network of monitors was agencies could design SPM sites with For criteria pollutant measurements of envisioned to address monitoring methods to meet monitoring objectives CO and SO , where the level of the objectives beyond just determining 2 that may not be achievable with FRMs compliance with NAAQS. The hybrid pollutant is well below the NAAQS, or FEMs. Additional information on network was expected to lead to a EPA observed that it may be more SPMs is included in section V.E.8 of reduced number of existing FRM appropriate to operate higher sensitivity this preamble. samplers and an increase in continuous monitors than typical FRM or FEM The EPA received several comments ARM samplers that would all be instruments. See 71 FR 2728. In these on its proposed approach for ambient approved for direct comparison with the cases, higher sensitivity methods were air monitoring methodology. Some of applicable forms of the PM2.5 NAAQS. expected to support additional these comments expressed concern that Many comments were received on monitoring objectives that conventional requiring only designated reference or EPA’s proposal regarding ARMs for FRMs or FEMs cannot. In some cases, equivalent methods takes away PM2.5. Several commenters suggested higher-sensitivity gas monitors have flexibility and the drive for requiring on-going collocation with an also been approved as FEM and can improvements to air quality FRM. Commenters also raised concerns serve both NAAQS and other instrumentation. The EPA agrees that about ensuring data quality, especially monitoring objectives. Options for high- some flexibility is desirable for agencies in light of the lower level of the 24-hour sensitivity measurements of CO, SO2, to use innovative methods that can PM2.5 NAAQS and therefore the and total reactive nitrogen (NOy) are support other objectives beyond perceived need to ensure that the described in the report, ‘‘Technical NAAQS decision making. However, statistical criteria are met in each Assistance Document for Precursor Gas CAA section 319 requires ‘‘* * * an air season. One commenter was so Measurements in the NCore quality monitoring system throughout concerned about the data quality issues Multipollutant Monitoring Network.’’ that the commenter recommended Comments regarding monitoring 15 Technical Assistance Document (TAD) for dropping the ARM provision. Other Sampling and Analysis of Ozone Precursors. U.S. commenters voiced strong support for 14 The QA Strategy Workgroup consists of EPA, Environmental Protection Agency. Human State, and local staff responsible for monitoring Exposure and Atmospheric Sciences Division. EPA/ the ARM provision, but also quality assurance activities who meet informally to 600–R–98/161. September 1998. Available at: recommended that EPA allow for less exchange information on current monitoring issues. http://www.epa.gov/ttn/amtic/pams.html. collocation with FRMs than the 30
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percent that was proposed. Several when using an ARM, including non- years as described in section V.B.2 of commenters recommended that EPA linear ones, so long as the this preamble. allow non-linear data adjustment factors transformations are described in both The testing criteria EPA will use for as are used for AIRNow and mapping the ARM application and the approval of PM2.5 continuous methods purposes. monitoring agency’s quality assurance as ARMs are intended to be robust but In reviewing comments on the project plan (or addendum to the not overly burdensome. The two main provision for ARMs, EPA agrees that QAPP), the transformations are features of testing that are different than data quality issues need to be prospective, and the ARM application FEMs are the duration and locations of appropriately addressed. Since ARMs provides for details on how often or testing. The duration is expected to be will be used for several monitoring under what circumstances they will be 1 year to provide an understanding of objectives, including NAAQS recalculated, based on what data, and the quality of the data on a seasonal attainment/nonattainment which analytical method. basis. The locations for testing are determinations, they must meet the Since participation in seeking expected to be a subset of sites in a Class III FEM performance criteria set approval of ARMs is voluntary and network where the State desires the out in part 53. However, as proposed, approval of an ARM applies only in the PM2.5 continuous monitor to be these performance criteria left open the territory of the agency seeking approval, approved as an ARM. Testing will be possibility that in cleaner environments no monitoring agency having concerns carried out in multiple locations to where concentration data approached will be required to utilize the ARM include up to two Core-based Statistical background levels of PM2.5 that provisions. However, for many agencies Area/Combined Statistical Areas approved methods may have this approach will offer an opportunity (CBSA/CSA) and one rural area or small unacceptable levels of bias to meet other to improve their monitoring network’s city for a new method. For methods that monitoring objectives. Therefore, the utility, by using methods that can serve have already been approved by EPA in Class III equivalency criteria, which are multiple objectives, while having lower other networks, one CBSA/CSA and one the same criteria used for PM2.5 ARMs, costs. Therefore, EPA is finalizing the rural area or small city are required to has been strengthened to address ARM provisions as proposed, with the be tested. concerns about additive bias in cleaner exceptions of the additive bias To ensure that approvals of new environments. The EPA performed an requirement being strengthened; methods are made consistently on a extensive investigation into developing changes to the required collocation national basis, the procedures for equivalency criteria for PM2.5 requirement; and clarifying use of data approval of methods are similar to the continuous methods. One of the transformations, including non-linear requirements specified in 40 CFR part conclusions from that process was that ones. 53, i.e., the EPA Administrator (or continuous methods, by virtue of being Today’s final action thus allows State, delegated official) will approve the able to provide a sample every day, local, and Tribal monitoring agencies to application. However, to optimize generate data with more certainty in independently, or in cooperation with flexibility in the approval process, all decision making than methods used instrument manufacturers, seek other monitoring agencies seeking with lower sample frequencies (i.e., a 1- approval of ARMs where PM2.5 approval of an ARM that is already in-3 day sample schedule), with all continuous monitor data quality is approved in another agency’s other factors being equal. Although sufficiently comparable to FRMs for monitoring network can seek approval biases can be seasonal, correlation integration into the agency’s PM2.5 through their EPA Regional combined with the other performance network used in NAAQS attainment Administrator. This approach will criteria will guard against high biases in findings. The performance criteria for provide a streamlined approval process, one season cancelling out low biases in approval of candidate ARMs are the as well as an incentive for consistency another. Together, the performance same criteria for precision, correlation, in selection and operation of PM2.5 criteria and the daily sample schedule and additive and multiplicative bias continuous monitors across various will ensure that data quality objectives that have been finalized for approval of monitoring agency networks. are met when making NAAQS decisions continuous PM2.5 Class III equivalent The QA requirements for approval of with data from ARMs. methods, described in section IV.C of continuous PM2.5 ARM at a network of With respect to requiring on-going this preamble. These performance sites are the same as for FEM in 40 CFR collocation with FRMs at 30 percent of criteria are to be demonstrated by part 58, appendix A, except that 30 the sites with continuous PM2.5 monitoring agencies independently or percent—rounded up—of the required monitors, EPA has considered how this in cooperation with instrument sites that utilize a PM2.5 ARM would be would affect agencies with many manufacturers under actual operational collocated with an FRM and required to continuous monitors and finds it conditions using one to two FRM and operate at a sample frequency of at least unnecessary to require such a large one to two candidate monitors each. a 1-in-6 day schedule. The higher absolute number of collocated sites, This is a departure from the very tightly- collocation requirement would support although the number of collocated FRM controlled approach used for national the main goal of the particulate matter under a 30 percent collocation equivalency demonstration in which continuous monitoring implementation requirement makes sense for smaller three FRM and three candidate monitors plan, which was to have an optimized networks. Therefore, this final rule are operated. The ARM will be validated FRM and PM2.5 continuous monitoring states that monitoring agencies are only periodically in recognition of changing network that can serve several required to have 30 percent collocation aerosol composition and instrument monitoring objectives. This collocation of the ARMs they count towards the performance. These validations will be requirement is necessary to retain a applicable minimum number of performed on at least two levels: (1) minimum number of FRM for continued required FRM/FEM/ARM sites— Through yearly assessments of data validation of the ARM, direct rounded up, rather than 30 percent of quality provided for as part of the on- comparison to NAAQS, and for long- their full networks of ARMs. going quality assurance (QA) term trends that are consistent with the For the issue of non-linear data requirements in 40 CFR part 58, historical data set archived in the AQS. transformations, this final rule appendix A, and (2) through network The collocated sites are to be located at specifically allows data transformations assessments conducted at least every 5 the highest concentration sites, starting
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with one site in each of the largest These NCore multipollutant stations gradients, including specifically population MSA in the network and are intended to track long-term trends requiring additional rural sites. working to the next highest-population for accountability of emissions control Regarding methods, a few commenters MSA with the second site and so forth. programs and health assessments that recommended not requiring the total Finally, EPA reiterates that ARMs contribute to ongoing reviews of the reactive NOy measurement, since this may be used to measure compliance NAAQS; support development of measurement in some but not all cases emissions control strategies through air is little different from the existing NO2 with the PM2.5 NAAQS. See section 50.13(b) and (c) (as published elsewhere quality model evaluation and other measurement by chemiluminescence, in today’s Federal Register) (annual and observational methods; support which uses the same measurement 24-hour primary and secondary scientific studies ranging across principle as NOy. In reviewing the comments, EPA standards are met when designated technological, health, and atmospheric notes that more NCore sites can be concentrations ‘‘as determined in process disciplines; and support deployed than required by regulation. accordance with Appendix N’’ are met), ecosystem assessments. Of course, these For example, in our proposal EPA stated and Part 50 Appendix N section 1.a (for stations together with the more numerous PM , PM , O , and other that it would develop a design of the purposes of section 50.13, PM can be 2.5 10 3 2.5 NAAQS pollutant sites would also network for rural sites—not specifically measured by FRM, FEM, ‘‘or by an provide data for use in attainment and required of any individual State—that Approved Regional Method (ARM) nonattainment designations and for leveraged existing rural networks such designated in accordance with part 58 of public reporting and forecasting of the as IMPROVE, CASTNET and, in some this chapter’’). AQI. cases, State-operated rural sites. In some E. Appendix D—Network Design The EPA proposed that these NCore cases it may be appropriate to have Criteria for Ambient Air Quality multipollutant stations be required to enough NCore multipollutant sites to Monitoring measure O2; CO, SO2, and total reactive assess gradients; however, in other areas nitrogen (NOy) (using high-sensitivity having enough sites to develop 1. Requirements for Operation of methods, where appropriate); PM2.5 gradients with all the parameters Multipollutant NCore Stations (with both a FRM and a continuous required of an NCore station may not be The EPA proposed requirements for monitor); PM2.5 chemical speciation; needed and would therefore present an NCore stations applicable to States PM10¥2.5 (with a continuous FEM); and unnecessary burden to the States. individually that would, in the meteorological parameters including Therefore, EPA is finalizing the NCore temperature, wind speed, wind network design requirements as aggregate, result in the deployment of a direction, and relative humidity. See 71 proposed. new network of multipollutant FR 2730. High-sensitivity measurements For required methods, EPA agrees that monitoring stations in approximately 60 are necessary for CO, SO , and NO to in areas where the existing NOX method mostly urban areas. See 71 FR 2730. In 2 y adequately measure these pollutants in provides comparable data to the NOy the proposal, most States would have most air sheds for data purposes beyond method, monitoring agencies should be been required to operate one urban NAAQS attainment determinations. For allowed to operate NOX instead of the station; however, rural stations could be the other criteria pollutants, EPA more challenging measurement of NOy. substituted in States that have limited proposed use of conventional ambient However, EPA notes much of the reason dense urban exposures. Such air monitoring methods. for NOy and NOX reading being so close substitution would not change the goal At least one NCore station was may be a positive bias with current of having about 20 rural NCore sites. proposed to be required in each State, typical NOX (NO + NO2) instruments California, Florida, Illinois, Michigan, unless a State determines through the which may over report NO2. Since New York, North Carolina, Ohio, network design process that a site which further development of the NOX method Pennsylvania, and Texas would be meets their obligation can be reasonably is underway, monitoring agencies which required to operate one to two represented by a site in a second State, seek waivers for the NOy method are additional NCore stations in order to and the second State has committed to encouraged to utilize high sensitivity account for their unique situations. establishing and operating that site. Any versions of the chemiluminescence These stations, combined with about 20 State could propose modifications to method so that they are capable of multipollutant rural stations, which these requirements for approval by the switching from high sensitivity NOX to were not proposed to be required of Administrator. While the proposed high sensitivity NOy in performing specific States, would form the new amendments did not specify the cities gaseous nitrogen measurements. The NCore multipollutant network. The in which the States would have to place EPA is therefore finalizing the required rural NCore stations would be their NCore multipollutant monitoring measurements at NCore multipollutant negotiated using grant authority as part stations, EPA anticipated that the sites as proposed; however, EPA will of an overall design of the network that overall result would be a network that allow for waivers of the NOy method in is expected to leverage existing rural has a diversity of locations to support areas where measured NOX is expected networks such as IMPROVE, CASTNET the purposes listed earlier. For example, to provide virtually the same data as and, in some cases, State-operated rural there would be sites with different NOy. This is largely expected to be in 16 sites. levels and compositions of PM2.5 and urban environments until such time as PM10¥2.5, allowing air quality models to the NO2 method (and hence the NOX) is 16 To clarify, under the proposed rule, and this be evaluated under a range of sufficiently improved that having final rule, 41 States, the District of Columbia, the conditions. separate measurements of NOy and NOX Virgin Islands, and Puerto Rico will be required to operate one NCore site. The other nine States will The EPA received several comments provides more useful information than be required to operate two or three sites, for a on the proposed requirements for the existing technology. See also section national total of 62 to 71 required sites. Some of operating the NCore multipollutant V.E.7. these required sites might be waived by EPA. The monitoring stations. Some commenters The NCore stations are to be deployed EPA anticipates, but the rule does not require that some of these sites will be rural. Counting non- recommended requiring additional at sites representing as large an area of required sites, the goal is a total of about 75 sites, NCore monitoring stations for better relatively uniform land use and ambient about 20 of which will be rural. spatial coverage and to capture air concentrations as possible (i.e., out
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of the area of influence of specific local filter methods on as infrequent a resources for other types of monitoring. sources, unless exposure to the local schedule as a 1-in-3 day sampling. Alternatively, the CASTNET stations source(s) is typical of exposures across This final rule contains a requirement will contribute to a more robust rural the urban area). Neighborhood-scale for PM10¥2.5 speciation to be conducted network with multipollutant sites may be appropriate for NCore at NCore multipollutant monitoring capabilities. stations. The EPA had proposed a multipollutant monitoring stations in 2. Requirements for Operation of cases where the site is expected to be requirement for PM10¥2.5 speciation in PM10¥2.5 Stations similar to many other neighborhood 25 areas, with the areas required to have scale locations throughout the area. In this monitoring selected based on For PM10¥2.5, EPA proposed a new some instances, State and local agencies having an MSA population over 500,000 minimum network requirement based on metropolitan statistical area (MSA) may have a long-term record of several and having an estimated design value of population and estimated PM ¥ measurements at an existing location greater than 80 percent of the proposed 10 2.5 design value. See 71 FR 2732–2736. that deviates from this siting scheme. PM10¥2.5 NAAQS. This would have concentrated the PM ¥ speciation Under that proposal, only those MSAs The State or local agency may propose 10 2.5 monitoring in areas that have high that contained an urbanized area of at utilizing these kinds of sites as the populations and high exposures to least 100,000 persons were required to NCore multipollutant monitoring station PM ¥ Since EPA is requiring have one or more monitors. The to take advantage of that record. The 10 2.5. PM10¥2.5 monitoring at NCore primarily minimum network design requirements EPA will approve these sites, for scientific purposes, it is more would not have included separate considering both existing and expected appropriate to have monitoring in a requirements for multiple urbanized new users of the data. The NCore variety of urban and rural locations so areas of 100,000 persons or more within multipollutant stations should be as to increase the diversity of areas that a single MSA. Where more than one collocated, when appropriate, with have available chemical species data to MSA was part of a CSA, each MSA was other multipollutant air monitoring use in scientific studies. The EPA had treated separately and was subject to stations including PAMS, National Air already proposed to have chemical individual requirements. Toxic Trends Station sites, and the speciation for PM2.5 at NCore stations. The EPA proposed that the actual or PM2.5 chemical Speciation Trends The collocation of both PM10¥2.5 and estimated PM10¥2.5 design value (3-year Network sites. Collocation will allow PM2.5 speciation monitoring at NCore average of 98th percentile 24-hour use of the same monitoring platform and stations is consistent with the concentrations) of a MSA, where one equipment to meet the objectives of multipollutant objectives of the NCore could be calculated, be used as a second multiple programs where possible and network and will support further factor to increase the minimum number advantageous. Of the approximately 60 research in understanding the chemical of monitors in MSAs with higher required NCore stations, up to 35 composition and sources of PM10 and estimated ambient coarse particle levels existing State-operated multi-monitor PM10¥2.5, and PM2.5 at a variety of urban and to reduce requirements in MSAs stations are already also operating or and rural locations. with lower estimated concentrations. preparing to also operate the high- Once these multipollutant NCore The EPA developed an initial database sensitivity monitors for CO, SO2, and stations are established, it is EPA’s of estimated PM10¥2.5 design values by NOy that are part of the NCore intention that they operate for many analyzing concentrations from existing requirement. years in their respective locations. collocated or nearly collocated PM10 Therefore, State and local agencies are and PM2.5 monitors in each MSA and Although EPA is retaining the 24-hour encouraged to insure long-term identifying which pairs met the PM NAAQS for requisite protection 10 accessibility to the sites proposed for proposed siting criteria which specified against short-term exposure to thoracic NCore monitoring stations. Relocating when a monitor was suitable for coarse particles and is not promulgating these stations will require EPA comparison to the proposed PM10¥2.5 a PM ¥ NAAQS, the NCore stations 10 2.5 approval, which will be based on the NAAQS. Monitoring agencies were are also being required to deploy a data needs of the host State and other given the option of proposing other PM10¥2.5 FRM or FEM to build a dataset clients of the information. procedures for calculating estimated for scientific research purposes, The EPA may negotiate with some PM10¥2.5 design values as a substitute including supporting health studies and States, and possibly with some Tribes, for EPA-calculated values. future reviews of the PM NAAQS. for the establishment and operation of The EPA’s proposal would have Separate PM10 monitoring will not be additional rural NCore multipollutant required as many as five PM10¥2.5 required at NCore stations. For many monitoring stations to complement the monitors in MSAs with total population PM10¥2.5 methods, including the FRM, stations required by today’s action. of more than 5 million with actual or PM10 data will be readily available as The EPA is in the process of estimated design values of greater than part of the calculated PM10¥2.5 upgrading the CASTNET monitoring 80 percent of the proposed PM10¥2.5 measurement. Even if a PM10¥2.5 capabilities to allow stations to provide NAAQS, and no monitors in MSAs method that does not report PM10 is even more useful data to multiple users. under 1 million people with actual or approved as an FEM and is deployed to The EPA expects that about 20 estimated design values less than 50 one or more NCore sites, PM10 will still CASTNET sites, operated at EPA percent of that proposed NAAQS. The be available by virtue of the expense, will have new capabilities EPA estimated that the size of the independent measurements of PM2.5 equivalent to some of the capabilities minimum required PM10¥2.5 network and PM10¥2.5 (which could envisioned for NCore multipollutant would be approximately 250 monitors appropriately be summed). Therefore, sites. After consultations with State air based on these proposed requirements EPA is not making measurements of quality planners and other data users, and the most recent estimates of PM10 a requirement of the NCore EPA may adjust the goal of having 20 PM10¥2.5 design values available at the network. Also, since the NCore network rural State-operated NCore stations, if time of proposal. An additional review of PM10¥2.5 FRM/FEM is not being used some of these CASTNET stations can of urbanized area population counts and for attainment/nonattainment achieve the same data objectives. This estimated design values completed after determinations, agencies may operate would preserve State/local funding proposal subsequently reduced the
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estimated size of the required PM10¥2.5 provide data for health and ecosystem the severity and extent of the PM2.5 network to approximately 225 monitors assessments that contribute to periodic problem and possibly in more need of (not counting PM10¥2.5 monitors at reviews of the NAAQS. More than 500 other types of data to address it. NCore stations) through the elimination continuous PM2.5 monitors are operated We proposed to retain the current of some MSAs where the population of to support public reporting and siting criteria for PM2.5, which have an the urbanized area was found to be forecasting of the AQI. emphasis on population-oriented sites fewer than 100,000 persons, or where The EPA proposed to modify the at neighborhood scale and larger. See 71 updated estimated design values network minimum requirements for FR 2741. In the proposal, EPA stated decreased sufficiently for monitoring PM2.5 monitoring so that multiple urban that these current design criteria requirements to drop into an adjoining monitors in the same MSA or CSA are appeared to remain appropriate for design value category with lower not required if they are redundant or are implementation of the proposed requirements. measuring concentrations well below primary PM2.5 NAAQS. See 71 FR 2742. As noted earlier, in addition to the the NAAQS. See 71 FR 2741. EPA The proposal stated that the existing minimum monitoring requirements, proposed to base minimum monitoring minimum requirements effectively EPA proposed a five-part test that would requirements on PM2.5 concentrations as ensure that monitors are placed in be used to determine whether potential represented by the design value of the locations that appropriately reflect the PM10¥2.5 monitoring sites were suitable area, and on the census population of community-oriented area-wide for comparison to the proposed NAAQS. the CSA, or in cases where there is no concentrations levels used in the All five parts of the site-suitability test CSA, the MSA. Overall, this was epidemiological studies that support the were required to be met for data from expected to result in a lower number of proposed (and now final) lowering of required monitors or non-required required sites (to satisfy minimum the 24-hour NAAQS. monitors to be compared to the network design requirements); however, The EPA further proposed that proposed PM10¥2.5 NAAQS. EPA recommended that States continue background and transport sites remain a The EPA received extensive to operate a high percentage of the required part of each State’s network to comments on all aspects of the PM10¥2.5 existing sites now utilizing FRM, but support characterization of regional network design proposal including the with FEM and ARM continuous transport and regional scale episodes of minimum monitoring requirements, methods replacing the FRM monitors at PM2.5. To meet these requirements, five-part suitability test for PM10¥2.5 many of the sites.17 Id. IMPROVE samplers could be used even NAAQS comparability, and monitor The EPA proposed to require that all though they would not be eligible for placement criteria. As summarized in sites counted by a State towards meeting comparison to the PM2.5 NAAQS; these section III.C.2 of the preamble for the the minimum requirement for the samplers are currently used in visibility NAAQS revisions published elsewhere number of PM2.5 sites have an FRM, monitoring programs in Class I areas in this Federal Register, EPA is not FEM, or ARM monitor. The EPA also and national parks. Sites in other States adopting a proposed PM10¥2.5 NAAQS proposed that at least one-half of all the which are located at places that make but instead will be retaining the current required PM2.5 sites be required to them appropriate as background and 24-hour PM10 standard. Therefore, the operate PM2.5 continuous monitors of transport sites could also fulfill these elements of the PM10¥2.5 monitoring some type even if not an FEM or ARM. minimum siting requirements. network design that were proposed to As noted, EPA proposed to use design The preamble to the proposal also implement an ambient network for the value and population as inputs in pointed out that in most MSAs, the primary purpose of determining deciding the minimum required number PM2.5 monitor recording the maximum NAAQS compliance are no longer of PM2.5 monitoring sites in each CSA/ annual PM2.5 concentrations is the same required and are not included in this MSA. The EPA proposed these inputs so as the monitor showing the maximum final rule. that monitoring resources would be 24-hour PM2.5 concentrations, As described elsewhere in this notice, prioritized based on the number of suggesting that generally it will be these EPA is requiring PM10¥2.5 mass people who may be exposed to a common high-reading monitors that will concentration and speciation problem and the level of exposure of determine attainment/nonattainment for monitoring as part of the NCore network that population. Metropolitan areas with both the annual and 24-hour PM2.5 of multipollutant sites. These sites are smaller populations would not be NAAQS. 71 FR 2742. The preamble intended to track long-term trends for required to perform as much monitoring further noted that where this is the case, accountability of emissions control as larger areas. If ambient air supplemental monitors, such as programs and health assessments that concentrations as indicated by historical continuous PM2.5 monitors and PM2.5 contribute to ongoing reviews of the monitoring are low enough, these speciation monitors, should already be NAAQS; support development of smaller population areas would not well located to help in understanding emissions control strategies through air have been required to continue to the causes of the high PM2.5 quality model evaluation and other perform any PM2.5 monitoring. concentrations. In a relatively small observational methods; support The proposed amendments also number of cases, certain microscale scientific studies ranging across would have required fewer sites when PM2.5 monitors that have not been technological, health, and atmospheric design values are well above (rather eligible for comparison to the annual process disciplines; and support than near) the level of the NAAQS to PM2.5 NAAQS and that have been ecosystem assessments. allow more flexibility in the use of complying with the pre-existing 24-hour 3 PM2.5 NAAQS of 65 µg/m , and 3. Requirements for Operation of PM monitoring resources in areas where 2.5 States and EPA are already confident of therefore have no impact on attainment Stations status, may become more influential to The PM2.5 network includes over 17 As explained earlier, an approved regional attainment status under the more 1,200 FRM samplers at approximately method (ARM) is a PM2.5 method that has been stringent level of the then-proposed, 900 sites that are operated to determine approved specifically within a State, local, or Tribal now adopted 24-hour PM2.5 standard. In air monitoring network for purposes of comparison compliance with the NAAQS; track to the National Ambient Air Quality Standards and these cases, EPA noted that States may trends, development, and accountability to meet other monitoring objectives. See section choose to move accompanying of emission control programs; and V.D.2 of this preamble. speciation and continuous monitors to
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the new site of particular interest to get The EPA also received several minimum PM2.5 monitoring a better characterization of PM2.5 at that comments regarding the location of requirements. In a CSA, each MSA must location. required PM2.5 monitoring sites, meet the MSA requirements separately. The EPA received a number of questioning EPA’s proposal to keep the In considering the comments on comments regarding the PM2.5 network siting requirements for PM2.5 monitors requiring one-half the required PM2.5 design. Several commenters expressed the same despite the revision of the 24- sites to have continuous monitors, EPA concern regarding the provision to allow hour NAAQS to a level at which notes that the existing network of fewer required sites when monitored commenters asserted that violations of monitors is providing invaluable data PM2.5 concentrations are significantly the 24-hour NAAQS may occur in many for reporting and forecasting of the AQI above the PM2.5 NAAQS. Commenters middle scale or microscale locations not and in support of emergency situations stated that allowing fewer sites would presently experiencing violations of the such as wildfires and natural disasters be inadequate to demonstrate actual current 24-hour NAAQS. The gist of the (e.g., Hurricane Katrina). Ensuring a ambient air conditions. One commenter comments was that more monitors minimum network of these monitors is stated that the provision had merit for should be deployed in middle and/or essential to informing the public and long-term NAAQS such as the annual microscale locations to find such policy makers on the quality of the air average but not for short term standards. violations. One commenter during air pollution episodes. The The commenter pointed out that long recommended that EPA specifically technology utilized in the network term standards, where concentrations require a monitoring organization to continues to evolve as agencies adopt are averaged out over a multiple year have at least one microscale site in any the most suitable methods for use in period, tend to provide relatively area that is nonattainment or marginally their own network. The EPA believes uniform results even over a large nonattainment for the 24-hour NAAQS. that as agencies continue to purchase geographical area; however, daily In response to concerns about the most optimal equipment for their observations are going to be more requiring fewer PM2.5 monitoring sites networks and as instrument variable at a given site and from site to when monitored PM2.5 concentrations manufacturers now will have the site. Other commenters expressed are significantly above the NAAQS, EPA opportunity to receive FEM or ARM concern that while they appreciated the is not adopting the provision and will approval for their method(s), flexibility to redirect resources to instead provide two ranges of minimum manufacturers will continue to develop speciation sampling in areas with monitoring requirements depending on better continuous instruments. The EPA significantly high NAAQS design design value. As proposed, agencies is therefore adopting the proposed values, there would still be a need for with areas that are significantly below requirement for one-half the required both speciation and FRM data. In these the PM2.5 NAAQS (less than or equal to PM2.5 sites to have continuous monitors cases, while the flexibility may be 85 percent of the annual and 24-hour as proposed. However, to address the available, in practice it would be PM2.5 NAAQS) will have a lower concern about whether required difficult to shut down a monitor in an minimum monitoring requirement. continuous monitors need to be area that is significantly above the Areas that are within 15 percent of the collocated with a matching second NAAQS. NAAQS or above it will be required to continuous monitor, this final rule The EPA also received comments on operate more PM2.5 monitoring sites states that only one of all the required using CSA as the definition for a (i.e., be required to deploy a greater PM2.5 continuous monitors in each MSA metropolitan area in which to apply the minimum number of monitors), relative needs to have such a collocated match. minimally required PM2.5 monitoring to those at less than 85 percent of the This will allow a minimal level of network criteria. Commenters expressed NAAQS. performance characterization of the concern that the CSA was too large an To address the comments concerning continuous monitors in each area that area to apply minimum monitoring the most appropriate Census Bureau they are operated. Additional PM2.5 requirements and that it may result in definition in which to apply the PM2.5 continuous monitors, when required, the loss of essential monitors necessary minimum monitoring requirements, can either be collocated with FRMs or to characterize the extent of EPA compared the current network to set up at non-collocated sites to provide nonattainment areas. In addition, EPA the number of monitors that would be better spatial coverage of the MSA. received comments on the proposed required using either CSA or MSA as With regard to concerns expressed in requirement for the PM2.5 monitoring the unit for applying monitoring comments about monitor siting in light network to provide for one-half the requirements. The results demonstrated of the revised 24-hour PM2.5 NAAQS, required sites, rounded-up, to operate that using MSA ensures a few more EPA agrees that the proposed change in PM2.5 continuous monitors. required sites in areas that have the level of the primary 24-hour PM2.5 Commenters expressed concern that multiple MSAs making up a large CSA NAAQS from 65 µg/m3 to 35 µg/m3 requiring PM2.5 continuous monitors, with high populations and large raised the issue of whether any none of which at present meet FEM geographical areas, without requiring commensurate changes would be and/or ARM performance criteria, may new sites of less obvious priority in needed in these requirements. The EPA result in minimizing the impetus for MSAs that have smaller geographic has considered the original equipment manufacturers to further coverage and population. Since the requirements for PM2.5 network design develop versions of these technologies overall goal of reducing redundant promulgated in 1997 and their rationale, that would meet the FEM/ARM required sites in large metropolitan how the PM2.5 network is currently performance criteria. Some commenters areas can be met by using MSA as the configured, what if any changes need to expressed concern that although PM2.5 unit for monitoring requirements, and be made to this network to make it continuous monitors serve multiple using MSA as the unit will also result consistent with the intended level of monitoring objectives, which in multiple MSAs with high design protection of the lower 24-hour PM2.5 underscores the need for their values in the same CSA each having NAAQS in combination with the annual operation, requiring collocation with minimum monitoring requirements to PM2.5 NAAQS, and whether these or any FRMs should not be a requirement of all address spatial gradients in large areas, changes should be required by a general the sites since it places an unnecessary EPA is adopting the MSA in as the rule or developed on a case-by-case burden on the States. geographic unit for applying the basis.
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In specifying monitor siting criteria dimensions of at least a few kilometers On the other hand, States and EPA for the original PM2.5 monitoring and thus can be considered community- may agree as part of the annual network in 1997, EPA noted that the oriented. The existing PM2.5 monitoring monitoring plan submission by the State annual standard had been set based on network continues to mostly be made and approval by the Regional epidemiology studies in which monitors up of these population-oriented, Administrator that in specific cases generally were representative of community-oriented, neighborhood placement of new or relocated monitors community-average exposures. The EPA scale monitoring sites. The EPA is into microenvironment or middle scale stated its expectations that the annual presently aware of fewer than ten PM2.5 locations is warranted and consistent standard would generally be the monitors that are sited in relatively with the intended level of protection of controlling standard in designating unique population-oriented microscale the 24-hour PM2.5 NAAQS. States may nonattainment areas and that areas, localized hot spots, or unique also propose, and EPA would be controlling emissions to reduce annual population-oriented middle-scale areas. inclined to approve, the placement of averages would lower both annual and Such sites may have higher PM2.5 monitors in populated areas too 24-hour PM2.5 concentrations across concentrations than neighborhood scale small to be subject to the requirements each annual NAAQS nonattainment sites on at least some days because they regarding minimum numbers of area. Accordingly, the PM2.5 network may be close to and downwind of large monitors, if there is reason to believe design provisions in that final rule (62 emission sources, but the number of PM2.5 concentrations are of concern. Of FR 38833, July 18, 1997) and EPA’s people exposed to such concentrations particular interest may be smaller cities subsequent negotiations with State/local is not large relative to the surrounding and towns which presently lack any monitoring agencies over monitoring communities. PM2.5 monitor but which experience plans were largely but not solely The EPA believes the PM2.5 networks emission patterns such as use of wood directed at obtaining air quality data that were deployed were, and the stoves and/or weather conditions such reflecting community-wide exposures networks that are now operating as inversions which can create high by placing monitors in neighborhood currently are, consistent with the short-term concentrations of PM2.5. and larger scales of representation. intended level of protection of the States also remain free to place SPM at Section 2.8 of appendix D of 40 CFR annual PM2.5 NAAQS. Consistency or any location, without need for EPA part 58 as promulgated in 1997 had only inconsistency with regard to the 24-hour review or approval.18 a few definite requirements regarding The proposed rule text for 40 CFR 58, PM2.5 NAAQS has not been of practical the siting of PM2.5 monitors. Section significance until now due to the near appendix D inadvertently failed to 2.8.1.3 specified how many ‘‘core’’ absence of violations of that standard. In include rule text on PM2.5 monitoring monitors representing community-wide the January 17, 2006, proposal notice, network design criteria, found in air quality were required based on MSA EPA said that it believed that the 1997 existing appendix D section 2.8.1.2.3, population. For areas with populations rule’s design criteria remained setting forth the requirements that: (1) of 500,000 or more, section 2.8.1.3.1(a) appropriate for implementation of the The required monitors are sited to required that at least one core proposed primary PM NAAQS, represent community-wide air quality, monitoring station must be placed in a 2.5 including the lower 24-hour NAAQS, (2) at least one monitoring site is placed ‘‘population-oriented’’ area of expected because these requirements effectively in a ‘‘population-oriented’’ area of maximum concentration and (unless ensured that monitors are placed in expected maximum concentration, and waived under section 2.8.1.3.4) at least (3) at least one station is placed in an one core station in an area of poor air locations that appropriately reflect the community-oriented areawide area of poor air quality. Therefore, this quality. Areas with populations between final rule restores these pre-existing 200,000 and 500,000 were required to concentration levels used in the epidemiological studies that support the requirements to appendix D. This final operate at least one core monitor. rule sets out these criteria (in Section 2.8.1.3.4 strongly encouraged proposed lowering of the 24-hour PM2.5 NAAQS. 71 FR 2742. The EPA substantively identical but slightly any State with an MSA with only one redrafted form) in appendix D section required monitor (due to being fewer continues to believe this, noting that the monitors used in the epidemiology 4.7.1(b). than 500,000 in population or due to a Also, as noted in the proposal and studies underlying the 24-hour PM2.5 waiver) to site it so it represented again above, some monitors that have community-oriented concentrations in NAAQS were sited similar to the majority of monitors in the existing not measured high concentrations areas of high average PM2.5 State/local networks. relative to the 1997 24-hour NAAQS concentrations. Section 2.8.1.3.7 may become more influential to No comments directly contradicted required core monitoring sites to attainment status under the just this assessment. While an implication of represent neighborhood or larger spatial adopted, more stringent 24-hour the final monitoring rule provisions scales. States could at their initiative NAAQS. In these cases, EPA encourages regarding siting of PM monitors is that place additional monitors anywhere, but 2.5 States to consider adding or moving States may choose not to monitor monitors in relatively unique speciation and continuous monitors to microenvironment or middle scale microscale, localized hot spot, or unique the newly influential site to get a better locations where some people are middle-scale locations cannot be characterization of PM concentrations exposed to 24-hour concentrations 2.5 compared to the annual NAAQS, and and their causes at that location. above the level of the 24-hour NAAQS, any monitoring site must be population- Finally, this final rule clarifies that such a result remains consistent with oriented to be compared to either IMPROVE monitors operated by an NAAQS. Part 58 App. D section the community-oriented area-wide level 2.8.1.2.3. of protection on which the 24-hour 18 The possible additional monitoring discussed In practice, the majority of PM2.5 PM2.5 NAAQS is premised. Thus, EPA in the text above could be compared solely to the monitors are deployed at neighborhood believes it is not appropriate to 24-hour PM2.5 NAAQS. As mentioned earlier, the scale and larger, meaning that they are specifically require any number of 1997 rules provide that monitors that are sited in relatively unique population-oriented microscale located far enough from large emission monitors to be placed in areas, localized hot spots, or unique population- sources that they represent the fairly microenvironment or hot spot locations oriented middle-scale areas, may not be compared uniform air quality across an area with as one commenter suggested. to the annual PM2.5 NAAQS.
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organization other than the State may be should be required overall for PM10. areas. States may of course choose to counted as satisfying the State’s This final rule therefore retains the retain PM10 monitors that are recording obligation to operate background and current PM10 minimum network concentrations below the PM10 NAAQS transport monitoring sites for PM2.5. requirements, except that these will no level to support monitoring objectives longer be called ‘‘NAMS’’ requirements. other than attainment/nonattainment 4. Requirements for Operation of PM10 The current PM10 minimum determinations, such as baseline Stations monitoring requirements in section monitoring for prevention of significant PM10 monitors currently are deployed 3.7.7 of part 58 appendix D are based on deterioration permitting or public throughout the country at about 1,200 MSA population and three different information. The EPA expects to work sites, with most metropolitan areas ranges of ambient PM10 concentrations with States to assess their PM10 already operating more PM10 monitors as compared to the PM10 NAAQS. For networks and help determine which of than are required by current monitoring MSAs in the lowest category of ambient these monitors are delivering valuable requirements. PM10 concentrations, those for which data and which monitors present In the January 17, 2006, proposal ambient PM10 data show concentrations disinvestment opportunities. As should notice, EPA proposed changes to the less than 80 percent of the NAAQS, at be evident, however, States may not PM10 requirements in coordination with least one monitor is required if the reduce their PM10 networks below the new minimum requirements for a population of the MSA is 500,000 or minimum requirements for monitoring PM10¥2.5 monitoring network in support greater. For MSAs in the highest within MSAs given in 40 CFR part 58 of the proposed 24-hour PM10¥2.5 category of ambient PM10 appendix D. NAAQS which would have eventually concentrations, those for which ambient In addition, if States and Tribes are replaced the PM10 NAAQS entirely. See PM10 data show concentrations considering deploying new PM10 71 FR 2742. As already explained, EPA exceeding the NAAQS by 20 percent or monitors, EPA recommends, again is not finalizing the proposed NAAQS more, at least one monitor is required if consistent with the basis for retaining for PM10¥2.5 and instead is retaining the the population of the MSAs is 100,000 the 24-hour PM10 standard, that those 24-hour PM10 NAAQS for all parts of the persons or greater. These requirements monitors be placed in areas where there U.S. This change has necessitated a list ranges of required monitors, with are urban and/or industrial sources of different approach for PM10 minimum the actual number of monitors to be thoracic coarse particles. Furthermore, monitoring requirements from the one determined by EPA and States. consistent with the monitors used in proposed. Based on PM10 ambient data for 2003– studies that informed our decision on Rather than revoking PM10 monitoring 2005 and current census population the level of the standard (see section requirements, as proposed, EPA believes statistics, a minimum of between 200 III.D of the final rule on the PM NAAQS that a robust nationwide monitoring and 500 PM10 FRM/FEM monitors will published elsewhere in today’s Federal network is required to provide be required across all affected MSAs. Register), EPA recommends that any compliance data for the 24-hour PM10 Over 800 PM10 monitors are in fact new PM10 monitors be placed in NAAQS and to support other objectives currently deployed in these MSAs. locations that are reflective of including the assessment of long-term About 400 other PM10 monitors community exposures at middle and trends, evaluations of the effectiveness currently operate outside the boundary neighborhood scales of representation, of State and local coarse particle control of any MSA. As stated in section III.B and not in source-oriented hotspots that programs, and health effects research. of this preamble, EPA believes a are not population oriented. The EPA has therefore considered reduction in the size of the existing The final rule omits two passages in whether the existing National Air monitoring networks for certain section 4.6 (Particulate Matter (PM10) Monitoring Station Criteria in Table 4 of pollutants, including PM10, for which Design Criteria) of 40 CFR 58, appendix appendix D of 40 CFR part 58, last the large majority of monitors record no D that were included for providing revisited in 1997, are still appropriate NAAQS violations, is an appropriate context for the proposed rule. The for these purposes. Because these way to free up resources for higher omitted passages are 4.6(b)(4) (Urban criteria have an urban focus by being priority monitoring objectives. These scale) and 4.6(b)(5) (Regional scale). As based on MSAs, allow for local higher priority objectives could include explained below, these two passages are considerations to be a factor in meeting both the new requirements in not consistent with EPA’s intention to determining the actual required number this final rule such as the NCore preserve the substance of the 1997 of stations, require more stations in multipollutant measurements and monitoring rule regarding scales of larger MSAs and MSAs with more objectives defined by the local air representativeness, while restructuring evidence of poor PM10 air quality while quality management program. The EPA appendix D to eliminate SLAMS versus also requiring some stations even in notes that many PM10 monitors have NAMS distinctions and to make clearer clean MSAs of a certain size, and in the been recording concentrations well which requirements (and explanatory aggregate will result in a required below the 24-hour PM10 NAAQS and background and guidance) applied to number of PM10 monitors that is similar thus are candidates for discontinuation each individual pollutant. In appendix to the required numbers of ozone and at a State’s initiative. States may also D of the 1997 monitoring rule, section PM2.5 monitors, EPA believes these choose to continue to operate monitors 2.8 (Particulate Matter Design Criteria criteria are appropriate. With regard to in excess of the minimum requirements. for SLAMS) addressed both PM2.5 and the comparison to the required numbers To the extent that States and Tribes are PM10, in some sentences referring of ozone and PM2.5 monitors, EPA has considering reducing the total number explicitly to PM2.5, PM10, or both, and in considered two directionally opposite of PM10 monitors deployed, EPA some sentences referring only in general factors. PM10 is less spatially uniform believes, consistent with the basis for to particulate matter. In this final rule, than O3 or PM2.5, suggesting the need for retaining the 24-hour PM10 standard, section 4.6 (Particulate Matter (PM10) relatively more intensive monitoring in priority should be given to maintaining areas with PM10 problems, but PM10 monitors sited in urban and industrial 19 encompass extraction and/or mechanical handling concentrations in most areas are below of natural geologic crustal materials. In the context of this rule making, neither mining nor agricultural the PM10 NAAQS (unlike for O3 and 19 As used in the Staff Paper, the term ‘‘mining sources are included in the more general category PM2.5) suggesting that fewer monitors sources’’ is intended to include all activities that of ‘‘industrial sources.’’
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Design Criteria) addresses this subject The EPA proposed to revoke all low as 350,000 people in population matter for PM10, while section 4.7 (Fine minimum requirements for CO, SO2, would be required to operate as few as Particulate Matter (PM2.5) Design and NO2 monitoring networks, and one site. An even smaller area would Criteria) does so for PM2.5. In the reduce the requirements for Pb. See 71 have no required monitor, provided its proposed rule, for the purpose of FR 27423. The proposal allowed for design values (for example, from a providing context, EPA included reductions in ambient air monitoring for previously required monitor or a SPM) paragraphs on microscale, middle scale, CO, SO2, NO2, and Pb, particularly were sufficiently low. Taking the same neighborhood scale, urban scale, and where measured levels are well below approach used in the proposed regional monitoring scales in both the applicable NAAQS and air quality minimum requirements for PM2.5 sites, section 4.6 and 4.7. However, EPA upon problems are not expected, except in EPA proposed that high-population closer consideration has determined cases with ongoing regulatory areas with measured ambient that omitting the paragraphs on urban requirements for monitoring such as SIP concentrations significantly above the scale and regional scale from section 4.6 or permit provisions. The EPA stated it NAAQS be allowed to operate one less is appropriate for PM10, in terms of would work with States on a voluntary site than areas with measured ambient clarifying and preserving the effective basis to make sure that at least some concentrations near the NAAQS to substance of the 1997 rule for PM10. The monitors for these pollutants remain in allow flexibility of monitoring resources bases for reaching this conclusion place in each EPA region. Measurement in those areas. include the following: (1) The of CO, SO2, and NOy were also proposed The EPA received a number of paragraphs concerning these scales of as required measurements at NCore comments on the proposed minimum representation in the 1997 appendix D sites. There may be little regulatory network requirements for O3. Similar to (section 2.8.0.7 and 2.8.0.8) mention purpose for keeping many other sites the comments received on PM2.5, many PM2.5 specifically but not PM10, (2) the showing low concentrations, other than commenters had concerns with paragraph which precedes the five specific State, local, or Tribal requiring only one site when an area is paragraphs on the five scales (2.8.0.2) commitments to do so. However, in significantly above the NAAQS and states that middle and neighborhood limited cases, some of these monitors with defining the minimum monitoring scales are the most important scales for may be part of a long-term record requirements by CSA instead of by a smaller level of a metropolitan area. For PM10, (3) section 2.8 in the 1997 rule utilized in a health effects study. Under was titled as applying to SLAMS in 40 CFR 58.11 of this final rule, States instance, several commenters noted that particular but no SLAMS monitors were must consider the effect of monitoring by applying the minimum monitoring specifically required at any spatial scale site closures on data users other than requirements by CSA, agencies may not or scales, (4) under section 3.7 the State itself, such as health effects be required to deploy enough monitors (Particulate Matter Design Criteria for studies. The EPA expects State and local to characterize the within-MSA gradient agencies to seek input on which needed to adequately characterize O3 NAMS) specific numbers of PM10 monitors were required but without monitors are being used for health across a metropolitan area. In response to concerns about specification as to spatial scale, and (5) effects studies so they can give this allowing one less O monitoring site Table 6 of appendix D in the 1997 rule consideration. See also section IV.E.8 of 3 when a high-population area is indicates that only the micro, middle, this preamble. significantly above the NAAQS, EPA is and neighborhood scales are ‘‘required 6. Requirements for Operation of Ozone not adopting this provision. This final for NAMS.’’ The EPA notes that in the Stations rule instead provides two values for the final rule, the same numbers of PM10 Ozone (O3) monitors currently are minimum required number of monitors monitors are required as in the 1997 deployed throughout the country at according to design value. Agencies rule, but they are not referred to as about 1,200 sites, with most with areas that are significantly below NAMS monitors. The EPA notes that metropolitan areas already operating the O NAAQS (less than or equal to 85 urban scale and regional scale are of 3 more O3 monitors than would be percent of the O3 NAAQS) have the little, if any, relevance to PM10 required by today’s action. The EPA lower minimum monitoring monitoring, because of the short does not anticipate or recommend requirement. Areas that are within 15 transport distances for PM10, especially significant changes to the size of this percent of the NAAQS or above it have when emitted near ground level. In network because O3 remains a pollutant will be required to operate more O3 contrast, because PM2.5 is a secondary with measured levels near or above the monitoring sites. pollutant, large spatial scales are NAAQS in many areas throughout the To address the comments concerning relevant because monitors in such country. However, this final rule should the most appropriate Census Bureau- locations will reflect regional emissions help to better prioritize monitoring defined area for which to apply the O3 trends and transport patterns. resources depending on the population minimum monitoring requirements, 5. Requirements for Operation of Carbon and levels of O3 in an area. EPA investigated the current network Monoxide, Sulfur Dioxide, Nitrogen For O3, EPA proposed changing the compared with using either CSA or Dioxide, and Lead Monitoring Stations minimum network requirement from at MSA as the basis for applying the least two sites in ‘‘any urbanized area minimum network requirements. The Criteria pollutant monitoring having a population of more than results demonstrate that using MSA networks for the measurement of CO, 200,000’’ to an approach that considers ensures a few more sites in the small SO2, NO2, and Pb are primarily operated the level of exposure to O3, as indicated number of large CSAs that have high to determine compliance with the by the design value, and the census populations and large geographical NAAQS and to track trends and population of a metropolitan area. See areas without unnecessarily requiring accountability of emission control 71 FR 2742. The proposal stated that a new sites in the many areas that have programs as part of a SIP. Because these CSA, or MSA if there is no CSA, with smaller geographic coverage and criteria pollutant concentrations are a population of 10 million or more and population. Since using MSA does not typically well below the NAAQS, there a design value near the O3 NAAQS impose a significant new burden on the is limited use for public reporting to the would be required to operate at least States and makes it more likely that AQI. four sites. Smaller CSAs and MSAs as within-MSA gradient characterization of
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O3 will be characterized in high Type 1 or one Type 3 site. Several many methods, EPA continues to concentration areas, EPA is adopting commenters stated that the PAMS NOy evaluate improvements to the method, MSA as the appropriate unit of a requirement is not likely to be but at this time EPA believes that the metropolitan area to apply the beneficial. They argued that NOy data in current method (and commercially minimum O3 monitoring requirements. urban areas are likely to be available instrumentation) provides data All other monitoring requirements for indistinguishable from NOX data, the of sufficient quality to meet the PAMS O3 are adopted as proposed. commercial NOy instrumentation is not program objectives. yet fully developed, NO monitors are While proper siting of an NOy monitor 7. Requirements for Operation of y difficult to site properly, and that few (installing a 10 meter tower and meeting Photochemical Assessment Monitoring States have the modeling capability to proper fetch characteristics) may be Stations employ NOy data. difficult in some urban settings, EPA Section 182(c)(1) of the CAA required The EPA disagrees with the believes that NOy monitors can be EPA to promulgate rules requiring commenters’ statements that PAMS NOy adequately sited at most PAMS areas. enhanced monitoring of O3, NO, and measurements will not be beneficial. As Nonetheless, if siting a NOy monitor is VOC in ozone nonattainment areas compared to NOX measurements, NOy not practicable in a given PAMS area, a classified as serious, severe, or extreme. measurements provide a more complete State may request an alternative plan, as On February 12, 1993, EPA promulgated measurement of the available reactive allowed for under paragraph 5.3 of requirements for State and local nitrogen species involved in the appendix D to part 53, to allow monitoring agencies to establish PAMS photochemical reactions that lead to O3 monitoring of NOX instead of as part of their SIP monitoring networks formation. One of the primary uses of monitoring for NOy. in ozone nonattainment areas classified NOy data is for O3 modeling. However, After review and consideration of the as serious, severe, or extreme. During O3 modeling is not the only use for NOy comments received, EPA has decided to 2001, EPA formed a workgroup data. Long-term measurements of NOy finalize the revisions to the PAMS consisting of EPA, State, and local provide the best indicator of the requirements as proposed. monitoring experts to evaluate the effectiveness of NO controls at X F. Appendix E—Probe and Monitoring existing PAMS network. The PAMS reducing the reactive nitrogen Path Siting Criteria for Ambient Air workgroup recommended that the compounds involved in O formation. In 3 Monitoring existing PAMS requirements be addition, a relatively simple analysis of streamlined to allow for more the O3-to-NOy ratio, or VOC-to-NOy ratio The proposed revisions to this individualized PAMS networks to suit can be performed to identify if an area appendix consisted of minor the specific data needs for a PAMS area. is ‘‘NOX limited’’ or ‘‘VOC limited’’ organizational changes and two The EPA proposed changes to the which would indicate if additional NOX technical changes to the siting criteria minimum PAMS monitoring controls would be more beneficial than affecting PM10¥2.5 and O3 monitoring requirements in 40 CFR part 58 to additional VOC controls. sites. See 71 FR 2748. implement the recommendations of the Ideally, the NOX method should 1. Vertical Placement of PM ¥ PAMS workgroup. See 71 FR 2743. 10 2.5 measure NO and NO2, whereas NOy Samplers Specifically, EPA proposed the measurements include NO, NO2, and following changes: The number of other important reactive nitrogen Specific probe siting criteria were required PAMS sites would be reduced; species (referred to here as NOz) which required to support the proposed only one Type 2 site would be required includes nitrous acids [nitric acid PM10¥2.5 network. The EPA proposed per area regardless of population and (HNO3), and nitrous acid (HONO)], vertical probe placement requirements Type 4 sites would not be required; and organic nitrates [peroxyl acetyl nitrate that limited microscale PM10¥2.5 sites to only one Type 1 or one Type 3 site (PAN), methyl peroxyl acetyl nitrate an allowable height range of 2 to 7 would be required per area. The (MPAN), and peroxyl propionyl nitrate, meters and neighborhood and large requirements for speciated VOC (PPN)], and particulate nitrates. scale PM10¥2.5 sites to a range of 2 to 15 measurements would be reduced. However, recent studies have shown meters. These ranges were identical to Speciated VOC measurements would that existing NOX monitors also measure the existing requirements for PM10. The only be required at Type 2 sites and one (and misreport as NO2) some NOz range for middle-scale PM10¥2.5 sites other site (either Type 1 or Type 3) per species. The NOy method was was limited to 2 to 7 meters which PAMS area. Carbonyl sampling would developed as an extension of the NOX represented a change from PM10 where only be required in areas classified as method to accurately measure all 2 to 15 meters was the allowed vertical serious or above for the 8-hour O3 reactive nitrogen compounds. placement range for middle-scale sites. standard. Conventional NO2/NOX Nonetheless, EPA will allow for waivers Several commenters supported the monitors would only be required at of the NOy method (via an alternative proposed PM10¥2.5 middle-scale vertical Type 2 sites. High sensitivity NOy plan provided for under paragraph 5.3 requirement as being consistent with the monitors would be required at one site of appendix D to part 53) in areas where expectation that coarse particle per PAMS area (either Type 1 or Type measured NOX is expected to provide concentrations nearest the breathing 3). High sensitivity CO monitors would virtually the same data as NOy. This is zone would be important to measure in be required at Type 2 sites. largely expected to be in areas with the assessment of exposure risk, and The EPA received comments on the fresh oxides of nitrogen emissions until that monitoring sites with more elevated proposed amended PAMS requirements. such time as the NO2 method (and inlets would be more likely to miss Overall, the commenters supported the hence the NOX method) is sufficiently localized concentrations where the reduction in minimum PAMS improved that having separate public is exposed. By contrast, other requirements which will allow for more measurements of NOy and NOX provides commenters raised concerns that the individualized PAMS networks and more useful information than the requirement would result in the alternative enhanced O3 monitoring existing technology. The EPA has measurement of localized (microscale) initiatives. However, some commenters evaluated a number of commercially near-ground conditions not were concerned with the proposed available NOy monitors and has found representative of a middle-scale sized requirement for NOy monitoring at one them accurate and reliable. As with area. Commenters also noted the
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importance of keeping identical inlet G. Sample Retention Requirements The EPA did not propose a specific requirements for PM10¥2.5 and PM2.5 to effective date for this requirement in the maximize the benefits of having During the regulatory development monitoring rule and no commenters collocated measurements at the same process, various governmental agencies expressed implementation concerns. site. and health scientists indicated that Accordingly, this final rule includes an archiving particulate matter filters for Based on review of the comments, effective date of January 1, 2007 for the FRM and FEM would be useful for later EPA is retaining the 2 to 7 meter vertical sample retention requirement. chemical speciation analyses, mass requirement for middle-scale PM ¥ In the proposal, rule requirements 10 2.5 analyses, or other analyses. sites. This requirement is consistent regarding sample retention were located with current requirements for Current sample retention in section 4.9 of appendix D, a section microscale PM monitors but would requirements apply specifically to PM2.5 devoted to network design criteria. The filters and require a minimum storage require modifications for existing PM2.5 EPA believes that sample retention requirement of 1 year. The EPA and PM10 monitors located between 8 requirements are more logically located and 15 meters above ground that were proposed that retention requirements be in subpart B of part 58, which contains expanded to require archival of PM2.5, provisions on data submittal. intended for middle-scale PM10¥2.5 measurement. The EPA does not expect PM10¥2.5, and PM10c (low volume) filters Accordingly, the title of 40 CFR 58.16 this requirement to have a major impact for a period of 1 year after collection. (‘‘Data submittal’’) has been renamed on monitoring networks since this final See 71 FR 2749. ‘‘Data submittal and archiving requirements’’ and corresponding rule rule requires PM10¥2.5 monitoring only Commenters were supportive of the at NCore sites, and these sites will proposed requirement. Some requirements on sample retention have typically represent neighborhood or commenters stated that the required been moved to 40 CFR 58.16(f) of this larger scales. This final rule retains the filter retention period should be longer final rule. existing rule language that has the than 1 year, with a range in suggested H. Deletion of Appendices B and F storage periods of between 3 to 7 years. option for the Regional Administrator to This final rule removes and reserves grant a waiver of siting criteria, States provided examples of how filters archived for longer than 1 year were appendix B of 40 CFR 58, Quality providing flexibility for States to Assurance Requirements for Prevention document situations where useful data subsequently analyzed to provide data useful in the support of health studies, of Significant Deterioration (PSD) Air could still be produced by monitors not Monitoring, and appendix F of 40 CFR meeting applicable requirements. SIP work, or analysis of exceptional events. Several commenters, while part 58, Annual SLAMS Air Quality 2. Ozone Monitor Setback Requirement supportive of the rationale for filter Information, because both are obsolete. The preamble to the proposed rule From Roads archival, preferred that the requirement explicitly proposed to remove appendix not be included in the regulation and The EPA proposed an increase to the B because the quality assurance instead left for voluntary monitoring minimum permitted distance between requirements for PSD monitoring were agency compliance. One commenter roadways and the inlet probes of proposed to be moved to appendix A, neighborhood and urban scale ozone suggested that the requirement be which this final rule does. See 71 FR and oxides of nitrogen sites to reduce clarified to explicitly include retention 2725. (The amendatory language at the the scavenging effects of motor vehicle- of blank filters in addition to exposed end of the January 17, 2006 proposal related nitric oxide emissions. See 71 filters. notice inadvertently did not list this FR 2748. The EPA notes the support for the change.) No adverse comments were Many commenters believed that the proposed sample retention requirement received on this change. scavenging effects of oxides of nitrogen and did not change that requirement in The January 17, 2006 notice did not on O3 levels in urban, populated areas this final rule. As stated in this final explicitly address the preservation or was more of an area-wide phenomena rule, States have the discretion to retain removal of appendix F, but its effective and would not be changed by moving a their samples for longer than one year. removal was inherent in the proposed site a few meters farther from the The EPA supports such procedures, rule because no section of the proposed nearest roadway. The relative value of recognizing that States will have part 58 would continue to refer to the proposed change on the basis of the different logistical constraints that appendix F. Similarly, the final part 58 resource requirements necessary to control the maximum length of time for does not refer to appendix F. Appendix relocate sites not meeting the increased which filters can be stored. The EPA has F previously was referenced by 40 CFR road setback requirements was also clarified that the requirement applies to 58.26 in subpart C, Annual state air questioned. Some support was noted for all such filters referenced in 40 CFR monitoring report, now deleted. the application of the increased 58.16(f), including exposed filters and Appendix F specified the required roadway setback requirement to new blanks. content, which was extensive, of the sites as long as existing ozone sites were The EPA acknowledges the concern annual report of summarized ‘‘grandfathered.’’ among some commenters that States monitoring data. An extensive annual The EPA acknowledges the logistical retain the right to determine the best use report of summarized monitoring data is difficulty and expense of moving of archived filters. These commenters no longer required in this final rule. existing sites to meet the increased stated that national considerations for New section, 40 CFR 58.16, Data setback requirement. To achieve a filter analysis should be considered a submittal, instead requires submission balance between the goal of minimizing secondary priority to State needs. The of individual data values. Summary the interference of roadway emissions EPA is respectful of this issue, and information on monitoring data is still on O3 and oxides of nitrogen monitor expects to negotiate with States on the required by 40 CFR 58.15, Annual air data and to reduce the burden on scope of any request for archived filters monitoring data certification, for the affected monitoring organizations, EPA intended for potentially destructive sole purpose of making it clear what has modified the increased roadway analyses so that the request if data is within the scope of the required setback requirement to apply only to compatible with other State uses for the certification letter. This final rule does newly established sites. same type of filters. not specify the exact content of the
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summary information required by 40 streamline EPA administrative unless it displays a currently valid OMB CFR 58.15 in order to provide more requirements. control number. The OMB control flexibility and to accommodate possible The incremental annual reporting and numbers for EPA’s regulations in 40 evolution of the standardized AQS recordkeeping burden for this collection CFR parts 53 and 58 are listed in 40 CFR reports which are the most convenient of information under 40 CFR part 53 part 9. When these ICR are approved by way for monitoring organizations to (averaged over the first 3 years of this OMB, EPA will publish a technical provide this information. ICR) for one additional respondent per amendment to 40 CFR part 9 in the year is estimated to increase by a total Federal Register to display the OMB VI. Statutory and Executive Order of 2,774 labor hours per year with an control number for the approved Reviews increase in costs of $32,000/year. The information collection requirements A. Executive Order 12866: Regulatory capital/startup costs for test equipment contained in this final rule. Planning and Review and qualifying tests are estimated at $3,832 with operation and maintenance C. Regulatory Flexibility Act Under Executive Order 12866 (58 FR costs of $27,772. The EPA has determined that it is not 51735, October 4, 1993), this action is a The information collected and necessary to prepare a regulatory ‘‘significant regulatory action’’ because reported under 40 CFR part 58 is needed flexibility analysis in connection with it may raise novel legal policy issues to determine compliance with the these final rule amendments. arising out of legal mandates, the NAAQS, to characterize air quality and For the purposes of assessing the President’s priorities, or the principles associated health and ecosystems impacts of the final amendments on set forth in the Executive Order. impacts, to develop emission control small entities, small entity is defined as: Accordingly, EPA submitted this action strategies, and to measure progress for (1) A small business as defined by the to the Office of Management and Budget the air pollution program. The Small Business Administration’s (OMB) for review under Executive amendments revise the technical regulations at 13 CFR 121.201; (2) a Order 12866 and any changes made in requirements for certain types of sites, government jurisdiction that is a response to OMB recommendations add provisions for monitoring of government of a city, county, town, have been documented in the docket for PM1010¥2.5, and reduce certain school district or special district with a this action. monitoring requirements for criteria population of less than 50,000; and (3) B. Paperwork Reduction Act pollutants. Monitoring agencies are a small organization that is any not-for- required to submit annual monitoring profit enterprise which is independently The information collection network plans, conduct network owned and operated and that is not requirements in this rule have been assessments every 5 years, perform dominant in its field. submitted for approval to the Office of quality assurance activities, and, in After considering the economic Management and Budget (OMB) under certain instances, establish NCore sites impacts of this final rule amendments the Paperwork Reduction Act, 44 U.S.C. by January 1, 2011. on small entities, EPA has concluded 3501 et seq., OMB control number The annual average reporting burden that this action will not have a 2060–0084. The information collection for the collection under 40 CFR part 58 significant economic impact on a requirements are not enforceable until (averaged over the first 3 years of this substantial number of small entities. OMB approves them. ICR) for 168 respondents is estimated to The final requirements in 40 CFR part The monitoring, recordkeeping, and decrease by a total of 48,546 labor hours 53 for an FEM application are voluntary reporting requirements in 40 CFR parts per year with a decrease in costs of actions on the part of equipment 53 and 58 are specifically authorized by $6,151,494. State, local, and Tribal manufacturers to seek EPA approval for sections 110, 301(a), and 319 of the entities are eligible for State assistance their candidate sampling methods. The Clean Air Act (CAA). All information grants provided by the Federal applications are evaluated according to submitted to EPA pursuant to the government under the CAA which can the requirements in 40 CFR part 53 and monitoring, recordkeeping, and be used for monitors and related test data submitted by the reporting requirements for which a activities. manufacturers to EPA to ensure that the claim of confidentiality is made is Burden means the total time, effort, or candidate equivalent methods meet the safeguarded according to Agency financial resources expended by persons same technical standards as the FRM. policies in 40 CFR part 2, subpart B. to generate, maintain, retain, or disclose The final amendments to 40 CFR part 58 The information collected under 40 or provide information to or for a will reduce annual ambient air CFR part 53 (e.g., test results, Federal agency. This includes the time monitoring costs for State and local monitoring records, instruction manual, needed to review instructions; develop, agencies by approximately $6.2 million and other associated information) is acquire, install, and utilize technology and 48,546 labor hours from present needed to determine whether a and systems for the purposes of levels. State and Tribal assistance grant candidate method intended for use in collecting, validating, and verifying funding provided by the Federal determining attainment of the National information, processing and government can be used to defray the Ambient Air Quality Standards maintaining information, and disclosing costs of new or upgraded monitors for (NAAQS) in 40 CFR part 50 will meet and providing information; adjust the the NCore networks. the design, performance, and/or existing ways to comply with any comparability requirements for previously applicable instructions and D. Unfunded Mandates Reform Act designation as a Federal reference requirements; train personnel to be able Title II of the Unfunded Mandates method (FRM) or Federal equivalent to respond to a collection of Reform Act of 1995 (UMRA), Public method (FEM). The final amendments information; search data sources; Law 104–4, establishes requirements for add requirements for PM10¥2.5 FEM and complete and review the collection of Federal agencies to assess the effects of FRM determinations, Class II equivalent information; and transmit or otherwise their regulatory actions on State, local, methods for PM10¥2.5 and Class III disclose the information. and Tribal governments and the private equivalent methods for PM2.5 and An agency may not conduct or sector. Under section 202 of the UMRA, PM10¥2.5; reduce certain monitoring and sponsor, and a person is not required to EPA generally must prepare a written data collection requirements; and respond to a collection of information statement, including a cost-benefit
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analysis, for proposed and final rules E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation with ‘‘Federal mandates’’ that may and Coordination With Indian Tribal result in expenditures to State, local, Executive Order 13132 (64 FR 43255, Governments and Tribal governments, in the August 10, 1999), requires EPA to develop an accountable process to Executive Order 13175, entitled aggregate, or to the private sector, of ‘‘Consultation and Coordination with $100 million or more in any one year. ensure ‘‘meaningful and timely input by State and local officials in the Indian Tribal Governments’’ (65 FR Before promulgating an EPA rule for 67249, November 9, 2000), requires EPA which a written statement is needed, development of regulatory policies that have federalism implications.’’ ‘‘Policies to develop an accountable process to section 205 of the UMRA generally ensure ‘‘meaningful and timely input by requires EPA to identify and consider a that have federalism implications’’ is defined in the Executive Order to tribal officials in the development of reasonable number of regulatory regulatory policies that have tribal alternatives and adopt the least costly, include regulations that have ‘‘substantial direct effects on the States, implications.’’ This final rule does not most cost-effective or least burdensome on the relationship between the national have tribal implications, as specified in alternative that achieves the objectives government and the States, or on the Executive Order 13175. The final of the rule. The provisions of section distribution of power and amendments will not directly apply to 205 do not apply when they are responsibilities among the various Tribal governments. However, a Tribal inconsistent with applicable law. levels of government.’’ government may elect to conduct Moreover, section 205 allows EPA to ambient air monitoring and report the adopt an alternative other than the least This final rule does not have data to AQS. Since it is possible that costly, most cost-effective or least federalism implications because it will tribal governments may choose to burdensome alternative if the not have substantial direct effects on the establish and operate NCore sites as part Administrator publishes with this final States, on the relationship between the of the national monitoring program, rule an explanation why that alternative national government and the States, or EPA consulted with Tribal officials was not adopted. Before EPA establishes on the distribution of power and early in the process of developing the any regulatory requirements that may responsibilities among the various proposed rule to permit them to have significantly or uniquely affect small levels of government, as specified in meaningful and timely input into its governments, including Tribal Executive Order 13132. Thus, Executive development and after proposal to governments, it must have developed Order 13132 does not apply to this final discuss their comments and concerns. under section 203 of the UMRA a small rule. As discussed in section VI.E of this government agency plan. The plan must Although section 6 of the Executive preamble, tribal agencies were provide for notifying potentially Order does not apply to this final rule, represented on both the NMSSC and the affected small governments, enabling EPA did consult with representatives of workgroups that developed the NAAMS officials of affected small governments State and local governments early in the document and proposed monitoring to have meaningful and timely input in process of developing this proposed requirements. Tribal monitoring the development of EPA regulatory rule. In 2001, EPA organized a National programs were represented on both the proposals with significant Federal Monitoring Steering Committee (NMSC) Quality Assurance and Technology intergovernmental mandates, and to provide oversight and guidance in work groups. Participation was also informing, educating, and advising reviewing the existing air pollution open to tribal monitoring programs on small governments on compliance with monitoring program and in developing the regulatory review workgroup. the regulatory requirements. a comprehensive national ambient air monitoring strategy. The NMSC G. Executive Order 13045: Protection of The EPA has determined that this membership includes representatives Children From Environmental Health final rule does not contain a Federal from EPA, State and local agencies, and Safety Risks mandate that may result in expenditures State and Territorial Air Pollution Executive Order 13045 (62 FR 19885, of $100 million or more for State, local, Program Administrators/Association of April 23, 1997) applies to any rule that: and Tribal governments, in the Local Air Pollution Control Officials (1) Is determined to be ‘‘economically aggregate, or the private sector in any (STAPPA/ALAPCO), and Tribal significant’’ as defined under Executive one year. The final amendments to 40 governments to reflect the partnership Order 12866, and (2) concerns an CFR part 58 will reduce annual ambient between EPA and governmental environmental health or safety risk that air monitoring costs for State and local agencies that collect and use ambient air EPA has reason to believe may have a agencies by approximately $6.2 million data. The NMSC formed workgroups to disproportionate effect on children. If and 48,546 labor hours from present address quality assurance, technology, the regulatory action meets both criteria, levels. Thus, these final amendments and regulatory review of the draft EPA must evaluate the environmental are not subject to the requirements of ambient air monitoring strategy health or safety effects of the planned sections 202 and 205 of the UMRA. (NAAMS). These workgroups met rule on children, and explain why the The EPA has determined that this several times by phone and at least once planned regulation is preferable to other final rule contains no regulatory in a face-to-face workshop to develop potentially effective and reasonably requirements that might significantly or specific recommendations for improving feasible alternatives considered by EPA. uniquely affect small governments. the ambient air monitoring program. A The EPA interprets Executive Order Small governments that may be affected record of the Steering Committee 13045 as applying only to those by the final amendments are already members, workgroup members, and regulatory actions that are based on meeting similar requirements under the workshop are available on the Web at: health or safety risks, such that the existing rules, and the final http://www.epa.gov/ttn/amtic/ analysis required under section 5–501 of amendments will substantially reduce monitor.html. The EPA also met with the Order has the potential to influence the costs of the existing rules. Therefore, State, local, and Tribal government the regulation. This final rule is not this final rule is not subject to the representatives to discuss their subject to Executive Order 13045 requirements of section 203 of the comments on the proposed amendments because, while it is based on the need UMRA. and suggestions for resolving issues. for monitoring data to characterize risk,
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this final monitoring rule itself does not concentrations of PM2.5 are currently amendments will be effective on establish an environmental standard measured by the Federal reference December 18, 2006. The final intended to mitigate health or safety method in 40 CFR part 50, appendix L amendments will be effective 60 days risks. (Reference Method for the after publication in the Federal Register Determination of Fine Particulate as to be consistent with the effective date H. Executive Order 12898: Federal PM in the Atmosphere) or by FRM or Actions To Address Environmental 2.5 of the revised NAAQS for PM published FEM that meet the requirements in 40 Justice in Minority Populations and elsewhere in this Federal Register. CFR part 53. Ambient air concentrations Low-Income Populations Revisions to Ambient Air Monitoring of PM10¥2.5 will be measured by the Regulations. Executive Order 12898 (58 FR 7629, final FRM in 40 CFR part 50, appendix February 11, 1994) requires that each O (Reference Method for the List of Subjects in 40 CFR Parts 53 and Federal agency make achieving Determination of Coarse Particulate 58 environmental justice part of its mission Matter as PM10¥2.5 in the Atmosphere) Environmental protection, by identifying and addressing, as published elsewhere in this Federal Administrative practice and procedure, appropriate, disproportionately high Register or by an FRM or FEM that Air pollution control, Intergovernmental and adverse human health or meets the requirements in 40 CFR part relations, Reporting and recordkeeping environmental effects of its programs, 53. As discussed in section IV.B of this requirements. policies, and activities on minorities preamble, the final FRM for PM10¥2.5 is Dated: September 27, 2006. and low-income populations. These similar to the existing methods for PM 2.5 Stephen L. Johnson, requirements have been addressed to and PM10. the extent practicable in the Regulatory Procedures are included in this final Administrator. Impact Analysis (RIA) for the final rule that allow for approval of an FEM For the reasons set out in the revisions to the NAAQS for particulate for PM10¥2.5 that is similar to the final preamble, title 40, chapter I, parts 53 matter. FRM. Any method that meets the and 58 of the Code of Federal performance criteria for a candidate Regulations are amended as follows: I. Executive Order 13211: Actions That equivalent method may be approved for Significantly Affect Energy Supply, use as an FRM or FEM. PART 53—[AMENDED] Distribution, or Use This approach is consistent with 1. The authority citation for part 53 This final rule is not a ‘‘significant EPA’s Performance-Based Measurement continues to read as follows: energy action’’ as defined in Executive System (PBMS). The PBMS approach is Order 13211, ‘‘Actions Concerning intended to be more flexible and cost Authority: Section 301(a) of the Clean Air Regulations That Significantly Affect effective for the regulated community; it Act (42 U.S.C. sec. 1857g(a)), as amended by Energy Supply, Distribution or Use’’ (66 is also intended to encourage innovation sec. 15(c)(2) of Pub. L. 91–604, 84 Stat. 1713, unless otherwise noted. FR 28355, May 22, 2001) because it is in analytical technology and improved not likely to have a significant adverse data quality. The EPA is not precluding Subpart A—[Amended] effect on the supply, distribution, or use the use of any method, whether it of energy. No significant change in the constitutes a voluntary consensus 2. Sections 53.1 through 53.5 are use of energy is expected because the standard or not, as long as it meets the revised to read as follows: total number of monitors for ambient air specified performance criteria. quality measurements will not increase § 53.1 Definitions. K. Congressional Review Act above present levels. Further, EPA has Terms used but not defined in this concluded that this final rule is not The Congressional Review Act, 5 part shall have the meaning given them likely to have any adverse energy U.S.C. 801, et seq., as added by the by the Act. effects. Small Business Regulatory Enforcement Act means the Clean Air Act (42 Fairness Act of 1996, generally provides U.S.C. 1857–1857l), as amended. J. National Technology Transfer that before a rule may take effect, the Additive and multiplicative bias Advancement Act agency promulgating the rule must means the linear regression intercept Section 12(d) of the National submit a rule report, which includes a and slope of a linear plot fitted to Technology Transfer Advancement Act copy of the rule, to each House of corresponding candidate and reference of 1995 (NTTAA), Public Law 104–113, Congress and to the Comptroller General method mean measurement data pairs. section 12(d) (15 U.S.C. 272 note) of the United States. The EPA will Administrator means the directs EPA to use voluntary consensus submit a report containing the final Administrator of the Environmental standards in its regulatory activities amendments and other required Protection Agency (EPA) or his or her unless to do so would be inconsistent information to the U.S. Senate, the U.S. authorized representative. with applicable law or otherwise House of Representatives, and the Agency means the Environmental impractical. Voluntary consensus Comptroller General of the United Protection Agency. standards are technical standards (e.g., States prior to publication of the final Applicant means a person or entity materials specifications, test methods, amendments in the Federal Register. A who submits an application for a sampling procedures, and business major rule cannot take effect until 60 Federal reference method or Federal practices) that are developed or adopted days after it is published in the Federal equivalent method determination under by voluntary consensus standards Register. This action is not a ‘‘major § 53.4, or a person or entity who bodies. The NTTAA directs EPA to rule’’ as defined by 5 U.S.C. 804(2). This assumes the rights and obligations of an provide Congress, through OMB, final rule will not have an annual effect applicant under § 53.7. Applicant may explanations when EPA decides not to on the economy of $100 million or include a manufacturer, distributor, use available and applicable voluntary more, will not result in a major increase supplier, or vendor. consensus standards. in costs or prices for State or local Automated method or analyzer means The final amendments involve agencies, and will not affect competition a method for measuring concentrations environmental monitoring and with foreign-based enterprises in of an ambient air pollutant in which measurement. Ambient air domestic and export markets. The final sample collection (if necessary),
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analysis, and measurement are designation has been canceled in start time, stop time, and duration of the performed automatically by an accordance with § 53.11 or § 53.16. sampling or measurement period. instrument. Federal reference method (FRM) Pb means lead. Candidate method means a method means a method of sampling and PM means PM10, PM10C, PM2.5, for measuring the concentration of an analyzing the ambient air for an air PM10¥2.5, or particulate matter of air pollutant in the ambient air for pollutant that is specified as a reference unspecified size range. which an application for a Federal method in an appendix to part 50 of this PM2.5 means particulate matter with reference method determination or a chapter, or a method that has been an aerodynamic diameter less than or Federal equivalent method designated as a reference method in equal to a nominal 2.5 micrometers as determination is submitted in accordance with this part; it does not measured by a reference method based accordance with § 53.4, or a method include a method for which a reference on appendix L of part 50 of this chapter tested at the initiative of the method designation has been canceled and designated in accordance with part Administrator in accordance with in accordance with § 53.11 or § 53.16. 53 of this chapter, by an equivalent § 53.7. ISO 9001-registered facility means a method designated in accordance with Class I equivalent method means an manufacturing facility that is either: part 53 of this chapter, or by an equivalent method for PM2.5 or PM10¥2.5 (1) An International Organization for approved regional method designated in which is based on a sampler that is very Standardization (ISO) 9001-registered accordance with appendix C to this part. similar to the sampler specified for manufacturing facility, registered to the PM10 means particulate matter with reference methods in appendix L or ISO 9001 standard (by the Registrar an aerodynamic diameter less than or appendix O (as applicable) of part 50 of Accreditation Board (RAB) of the equal to a nominal 10 micrometers as this chapter, with only minor deviations American Society for Quality Control measured by a reference method based or modifications, as determined by EPA. (ASQC) in the United States), with on appendix J of part 50 of this chapter Class II equivalent method means an registration maintained continuously; or and designated in accordance with this equivalent method for PM or PM ¥ 2.5 10 2.5 (2) A facility that can be part or by an equivalent method that utilizes a PM sampler or PM ¥ 2.5 10 2.5 demonstrated, on the basis of designated in accordance with this part. sampler in which integrated PM2.5 information submitted to the EPA, to be PM10C means particulate matter with samples or PM10¥2.5 samples are obtained from the atmosphere by operated according to an EPA-approved an aerodynamic diameter less than or filtration and subjected to a subsequent and periodically audited quality system equal to a nominal 10 micrometers as filter conditioning process followed by which meets, to the extent appropriate, measured by a reference method based a gravimetric mass determination, but the same general requirements as an ISO on appendix O of part 50 of this chapter which is not a Class I equivalent method 9001-registered facility for the design and designated in accordance with this because of substantial deviations from and manufacture of designated Federal part or by an equivalent method the design specifications of the sampler reference method and Federal designated in accordance with this part. specified for reference methods in equivalent method samplers and PM10¥2.5 means particulate matter appendix L or appendix O (as monitors. with an aerodynamic diameter less than applicable) of part 50 of this chapter, as ISO-certified auditor means an or equal to a nominal 10 micrometers determined by EPA. auditor who is either certified by the and greater than a nominal 2.5 Class III equivalent method means an Registrar Accreditation Board (in the micrometers as measured by a reference United States) as being qualified to method based on appendix O to part 50 equivalent method for PM2.5 or PM10¥2.5 that is an analyzer capable of providing audit quality systems using the of this chapter and designated in requirements of recognized standards accordance with this part or by an PM2.5 or PM10¥2.5 ambient air measurements representative of one- such as ISO 9001, or who, based on equivalent method designated in information submitted to the EPA, accordance with this part. hour or less integrated PM2.5 or PM10¥2.5 concentrations as well as 24-hour meets the same general requirements as PM2.5 sampler means a device, measurements determined as, or provided for ISO-certified auditors. associated with a manual method for equivalent to, the mean of 24 one-hour Manual method means a method for measuring PM2.5, designed to collect consecutive measurements. measuring concentrations of an ambient PM2.5 from an ambient air sample, but CO means carbon monoxide. air pollutant in which sample lacking the ability to automatically Collocated means two or more air collection, analysis, or measurement, or analyze or measure the collected sample samplers, analyzers, or other some combination thereof, is performed to determine the mass concentrations of instruments that are operated manually. A method for PM10 or PM2.5 PM2.5 in the sampled air. simultaneously while located side by which utilizes a sampler that requires PM10 sampler means a device, side, separated by a distance that is manual preparation, loading, and associated with a manual method for large enough to preclude the air weighing of filter samples is considered measuring PM10, designed to collect sampled by any of the devices from a manual method even though the PM10 from an ambient air sample, but being affected by any of the other sampler may be capable of lacking the ability to automatically devices, but small enough so that all automatically collecting a series of analyze or measure the collected sample devices obtain identical or uniform sequential samples. to determine the mass concentrations of ambient air samples that are equally NO means nitrogen oxide. PM10 in the sampled air. representative of the general area in NO2 means nitrogen dioxide. PM10C sampler means a PM10 sampler which the group of devices is located. NOX means oxides of nitrogen and is that meets the special requirements for Federal equivalent method (FEM) defined as the sum of the concentrations a PM10C sampler that is part of a means a method for measuring the of NO2 and NO. PM10¥2.5 reference method sampler, as concentration of an air pollutant in the O3 means ozone. specified in appendix O to part 50 of ambient air that has been designated as Operated simultaneously means that this chapter, or a PM10 sampler that is an equivalent method in accordance two or more collocated samplers or part of a PM10¥2.5 sampler that has been with this part; it does not include a analyzers are operated concurrently designated as an equivalent method for method for which an equivalent method with no significant difference in the PM10¥2.5.
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PM10¥2.5 sampler means a sampler, or facility, as defined in § 53.1 and as set (4) PM10¥2.5 Class I. A PM10¥2.5 Class a collocated pair of samplers, associated forth in § 53.51. I FEM sampler must also satisfy the with a manual method for measuring (4) PM10¥2.5. A FRM for measuring applicable requirements of subpart E of PM10¥2.5 and designed to collect either PM10¥2.5 must be a manual method that this part (there are no additional PM10¥2.5 directly or PM10C and PM2.5 meets all requirements specified in requirements specifically for Class I separately and simultaneously from appendix O of part 50 of this chapter PM10¥2.5 methods in subpart C of this concurrent ambient air samples, but and must include PM10C and PM2.5 part). lacking the ability to automatically samplers that have been shown in (5) PM10¥2.5 Class II. (i) A PM10¥2.5 analyze or measure the collected accordance with this part to meet the Class II FEM sampler must also satisfy sample(s) to determine the mass applicable requirements specified in the applicable requirements of subpart C concentrations of PM10¥2.5 in the this subpart A and subpart E of this part. of this part and also the applicable sampled air. Further, PM10¥2.5 FRM samplers must requirements and provisions of Sequential samples for PM samplers be manufactured in an ISO 9001- paragraphs (b)(3)(i) through (iii) of this means two or more PM samples for registered facility, as defined in § 53.1 section, or the alternative requirements sequential (but not necessarily and as set forth in § 53.51. in paragraph (a)(5)(ii) of this section. contiguous) time periods that are (b) Automated methods. An (ii) In lieu of the applicable collected automatically by the same automated FRM for measuring CO, O3, requirements specified for Class II sampler without the need for or NO2 must utilize the measurement PM10¥2.5 methods in subpart C of this intervening operator service. principle and calibration procedure part and in paragraph (b)(3)(iii) of this ¥ SO2 means sulfur dioxide. specified in the appropriate appendix to section, a Class II PM10 2.5 FEM sampler Test analyzer means an analyzer part 50 of this chapter and must have may alternatively meet the applicable subjected to testing as part of a been shown in accordance with this part requirements in paragraphs (b)(3)(i) and candidate method in accordance with to meet the requirements specified in (ii) of this section and the testing, subparts B, C, D, E, or F of this part, as this subpart A and subpart B of this performance, and comparability applicable. part. requirements specified for Class III Test sampler means a PM10 sampler, FEMs for PM10¥2.5 in subpart C of this § 53.3 General requirements for an PM2.5 sampler, or PM10¥2.5 sampler part. subjected to testing as part of a equivalent method determination. (6) ISO 9001. All designated FEMs for candidate method in accordance with (a) Manual methods. A manual PM2.5 or PM10¥2.5 must be manufactured subparts C, D, E, or F of this part. Federal equivalent method (FEM) must in an ISO 9001-registered facility, as Ultimate purchaser means the first have been shown in accordance with defined in § 53.1 and as set forth in person or entity who purchases a this part to satisfy the applicable § 53.51. Federal reference method or a Federal requirements specified in this subpart A (b) Automated methods. All types of equivalent method for purposes other and subpart C of this part. In addition, automated FEMs must have been shown than resale. a PM sampler associated with a manual in accordance with this part to satisfy method for PM10, PM2.5, or PM10¥2.5 the applicable requirements specified in § 53.2 General requirements for a must have been shown in accordance this subpart A and subpart C of this reference method determination. with this part to satisfy the following part. In addition, an automated FEM The following general requirements additional requirements, as applicable: must have been shown in accordance for a Federal reference method (FRM) (1) PM10. A PM10 sampler associated with this part to satisfy the following determination are summarized in table with a manual method for PM10 must additional requirements, as applicable: A–1 of this subpart. satisfy the requirements of subpart D of (1) An automated FEM for pollutants (a) Manual methods—(1) Sulfur this part. other than PM must be shown in dioxide (SO2) and lead. For measuring (2) PM2.5 Class I. A PM2.5 Class I FEM accordance with this part to satisfy the SO2 and lead, appendices A and G of sampler must also satisfy all applicable requirements specified in part 50 of this chapter specify unique requirements of subpart E of this part, subpart B of this part. manual FRM for measuring these which shall include appropriate (2) An automated FEM for PM10 must pollutants. Except as provided in demonstration that each and every be shown in accordance with this part § 53.16, other manual methods for SO2 deviation or modification from the FRM to satisfy the applicable requirements of and lead will not be considered for FRM sampler specifications does not subpart D of this part. determinations under this part. significantly alter the performance of (3) A Class III automated FEM for (2) PM10. A FRM for measuring PM10 the sampler. PM2.5 or PM10¥2.5 must be shown in must be a manual method that meets all (3) PM2.5 Class II. (i) A PM2.5 Class II accordance with this part to satisfy the requirements specified in appendix J of FEM sampler must also satisfy the requirements in paragraphs (b)(3)(i) part 50 of this chapter and must include applicable requirements of subparts E through (iii) of this section, as a PM10 sampler that has been shown in and F of this part or the alternative applicable. accordance with this part to meet all requirements in paragraph (a)(3)(ii) of (i) All pertinent requirements of 40 requirements specified in this subpart A this section. CFR part 50, appendix L, including and subpart D of this part. (ii) In lieu of the applicable sampling height, range of operational (3) PM2.5. A FRM for measuring PM2.5 requirements specified for Class II PM2.5 conditions, ambient temperature and must be a manual method that meets all methods in subparts C and F of this pressure sensors, outdoor enclosure, requirements specified in appendix L of part, a Class II PM2.5 FEM sampler may electrical power supply, control devices part 50 of this chapter and must include alternatively meet the applicable and operator interfaces, data output a PM2.5 sampler that has been shown in requirements in paragraphs (b)(3)(i) port, operation/instruction manual, data accordance with this part to meet the through (iii) of this section and the output and reporting requirements, and applicable requirements specified in testing, performance, and comparability any other requirements that would be this subpart A and subpart E of this part. requirements specified for Class III reasonably applicable to the method, Further, FRM samplers must be equivalent methods for PM2.5 in subpart unless adequate (as determined by the manufactured in an ISO 9001-registered C of this part. Administrator) rationale can be
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provided to support the contention that the specific type of measurement or (A) Description of the method and a particular requirement does not or operation of the candidate method. associated instruments. should not be applicable to the (4) All designated FEM for PM2.5 or (B) Explanation of all indicators, particular candidate method. PM10¥2.5 must be manufactured in an information displays, and controls. (ii) All pertinent tests and ISO 9001-registered facility, as defined (C) Complete setup and installation requirements of subpart E of this part, in § 53.1 and as set forth in § 53.51. instructions, including any additional such as instrument manufacturing materials or supplies required. quality control; final assembly and § 53.4 Applications for reference or (D) Details of all initial or startup equivalent method determinations. inspection; manufacturer’s audit checks or acceptance tests and any checklists; leak checks; flow rate (a) Applications for FRM or FEM auxiliary equipment required. accuracy, measurement accuracy, and determinations shall be submitted in (E) Complete operational instructions. flow rate cut-off; operation following duplicate to: Director, National (F) Calibration procedures and power interruptions; effect of variations Exposure Research Laboratory, descriptions of required calibration in power line voltage, ambient Reference and Equivalent Method equipment and standards. temperature and ambient pressure; and Program (MD–D205–03), U.S. (G) Instructions for verification of aerosol transport; unless adequate (as Environmental Protection Agency, correct or proper operation. determined by the Administrator) Research Triangle Park, North Carolina (H) Trouble-shooting guidance and rationale can be provided to support the 27711 (Commercial delivery address: suggested corrective actions for contention that a particular test or 4930 Old Page Road, Durham, North abnormal operation. requirement does not or should not be Carolina 27703). (I) Required or recommended routine, applicable to the particular candidate (b) Each application shall be signed periodic, and preventative maintenance method. by an authorized representative of the and maintenance schedules. (iii) Candidate methods shall be tested applicant, shall be marked in (J) Any calculations required to derive for and meet any performance accordance with § 53.15 (if applicable), final concentration measurements. requirements, such as inlet aspiration, and shall contain the following: (K) Appropriate references to any particle size separation or selection (1) A clear identification of the applicable appendix of part 50 of this characteristics, change in particle candidate method, which will chapter; reference 6 of appendix A of separation or selection characteristics distinguish it from all other methods this subpart; and any other pertinent due to loading or other operational such that the method may be referred to guidelines. conditions, or effects of surface unambiguously. This identification (ii) The manual shall also include exposure and particle volatility, must consist of a unique series of adequate warning of potential safety determined by the Administrator to be descriptors such as title, identification hazards that may result from normal use necessary based on the nature, design, number, analyte, measurement and/or malfunction of the method and and specifics of the candidate method principle, manufacturer, brand, model, a description of necessary safety and the extent to which it deviates from etc., as necessary to distinguish the precautions. (See § 53.9(b).) However, the design and performance method from all other methods or the previous requirement shall not be characteristics of the reference method. method variations, both within and interpreted to constitute or imply any These performance requirements and outside the applicant’s organization. warranty of safety of the method by the specific test(s) for them will be (2) A detailed description of the EPA. For samplers and automated determined by Administrator for each candidate method, including but not methods, the manual shall include a specific candidate method or type of limited to the following: The clear description of all procedures candidate method and may be similar to measurement principle, manufacturer, pertaining to installation, operation, or based on corresponding tests and name, model number and other forms of preventive maintenance, and requirements set forth in subpart F of identification, a list of the significant troubleshooting and shall also include this part or may be special requirements components, schematic diagrams, parts identification diagrams. The and tests tailored by the Administrator design drawings, and a detailed manual may be used to satisfy the to the specific nature, design, and description of the apparatus and requirements of paragraphs (b)(1) and operational characteristics of the measurement procedures. Drawings and (2) of this section to the extent that it candidate method. For example, a descriptions pertaining to candidate includes information necessary to meet candidate method with an inlet design methods or samplers for PM2.5 or those requirements. deviating substantially from the design PM10¥2.5 must meet all applicable (4) A statement that the candidate of the reference method inlet would requirements in reference 1 of appendix method has been tested in accordance likely be subject to an inlet aspiration A of this subpart, using appropriate with the procedures described in test similar to that set forth in § 53.63. graphical, nomenclature, and subparts B, C, D, E, and/or F of this part, Similarly, a candidate method having an mathematical conventions such as those as applicable. inertial fractionation system specified in references 3 and 4 of (5) Descriptions of test facilities and substantially different from that of the appendix A of this subpart. test configurations, test data, records, reference method would likely be (3) A copy of a comprehensive calculations, and test results as subject to a static fractionation test and operation or instruction manual specified in subparts B, C, D, E, and/or a loading test similar to those set forth providing a complete and detailed F of this part, as applicable. Data must in §§ 53.64 and 53.65, respectively. A description of the operational, be sufficiently detailed to meet candidate method with more extensive maintenance, and calibration appropriate principles described in part or profound deviations from the design procedures prescribed for field use of B, sections 3.3.1 (paragraph 1) and 3.5.1 and function of the reference method the candidate method and all and part C, section 4.6 of reference 2 of may be subject to other tests, full wind- instruments utilized as part of that appendix A of this subpart; and in tunnel tests similar to those described in method (under § 53.9(a)). paragraphs 1 through 3 of section 4.8 § 53.62, or to special tests adapted or (i) As a minimum this manual shall (Records) of reference 5 of appendix A developed individually to accommodate include: of this subpart. Salient requirements
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from these references include the provided in the following sections of II or Class III equivalent methods for following: reference 2 of appendix A of this PM10¥2.5, the applicant, if requested by (i) The applicant shall maintain and subpart: part A (Management Systems), EPA, shall provide to EPA for test include records of all relevant sections 2.2 (Quality System and purposes one sampler or analyzer that is measuring equipment, including the Description), 2.3 (Personnel representative of the sampler or make, type, and serial number or other Qualification and Training), 2.4 analyzer associated with the candidate identification, and most recent (Procurement of Items and Services), 2.5 method. The sampler or analyzer shall calibration with identification of the (Documents and Records), and 2.7 be shipped FOB destination to Director, measurement standard or standards (Planning); part B (Collection and National Exposure Research Laboratory, used and their National Institute of Evaluation of Environmental Data), Reference and Equivalent Method Standards and Technology (NIST) sections 3.1 (Planning and Scoping), 3.2 Program (MD-D205–03), U.S. traceability. These records shall (Design of Data Collection Operations), Environmental Protection Agency, 4930 demonstrate the measurement capability and 3.5 (Assessment and Verification of Old Page Road, Durham, North Carolina of each item of measuring equipment Data Usability); and part C (Operation of 27703, scheduled to arrive concurrent used for the application and include a Environmental Technology), sections with or within 30 days of the arrival of description and justification (if needed) 4.1 (Planning), 4.2 (Design of Systems), the other application materials. This of the measurement setup or and 4.4 (Operation of Systems). analyzer or sampler may be subjected to configuration in which it was used for (2) A description of the durability various tests that EPA determines to be the tests. The calibration results shall be characteristics of such analyzers or necessary or appropriate under § 53.5(f), recorded and identified in sufficient samplers (see § 53.9(c)). For methods for and such tests may include special tests detail so that the traceability of all PM2.5 and PM10¥2.5 the warranty not described in this part. If the measurements can be determined and program must ensure that the required instrument submitted under this any measurement could be reproduced specifications (see Table A–1 to this paragraph malfunctions, becomes under conditions close to the original subpart) will be met throughout the inoperative, or fails to perform as conditions, if necessary, to resolve any warranty period and that the applicant represented in the application before the anomalies. accepts responsibility and liability for necessary EPA testing is completed, the (ii) Test data shall be collected ensuring this conformance or for applicant shall be afforded an according to the standards of good resolving any nonconformities, opportunity to repair or replace the practice and by qualified personnel. including all necessary components of device at no cost to EPA. Upon Test anomalies or irregularities shall be the system, regardless of the original completion of EPA testing, the analyzer documented and explained or justified. manufacturer. The warranty program or sampler submitted under this The impact and significance of the must be described in sufficient detail to paragraph shall be repacked by EPA for deviation on test results and meet appropriate provisions of the return shipment to the applicant, using conclusions shall be determined. Data ANSI/ASQC and ISO 9001 standards the same packing materials used for collected shall correspond directly to (references 1 and 2 in appendix A of shipping the instrument to EPA unless the specified test requirement and be this subpart) for controlling alternative packing is provided by the labeled and identified clearly so that conformance and resolving applicant. Arrangements for, and the results can be verified and evaluated nonconformance, particularly sections cost of, return shipment shall be the against the test requirement. 4.12, 4.13, and 4.14 of reference 1 in responsibility of the applicant. The EPA Calculations or data manipulations must appendix A of this subpart. does not warrant or assume any liability be explained in detail so that they can (i) Section 4.12 in reference 1 of for the condition of the analyzer or be verified. appendix A of this subpart requires the sampler upon return to the applicant. (6) A statement that the method, manufacturer to establish and maintain analyzer, or sampler tested in a system of procedures for identifying § 53.5 Processing of applications. accordance with this part is and maintaining the identification of After receiving an application for a representative of the candidate method inspection and test status throughout all FRM or FEM determination, the described in the application. phases of manufacturing to ensure that Administrator will, within 120 calendar (c) For candidate automated methods only instruments that have passed the days after receipt of the application, and candidate manual methods for required inspections and tests are take one or more of the following PM10, PM2.5, and PM10¥2.5 the released for sale. actions: application shall also contain the (ii) Section 4.13 in reference 1 of (a) Send notice to the applicant, in following: appendix A of this subpart requires accordance with § 53.8, that the (1) A detailed description of the documented procedures for control of candidate method has been determined quality system that will be utilized, if nonconforming product, including to be a reference or equivalent method. the candidate method is designated as a review and acceptable alternatives for (b) Send notice to the applicant that reference or equivalent method, to disposition; section 4.14 in reference 1 the application has been rejected, ensure that all analyzers or samplers of appendix A of this subpart requires including a statement of reasons for offered for sale under that designation documented procedures for rejection. will have essentially the same implementing corrective (4.14.2) and (c) Send notice to the applicant that performance characteristics as the preventive (4.14.3) action to eliminate additional information must be analyzer(s) or samplers tested in the causes of actual or potential submitted before a determination can be accordance with this part. In addition, nonconformities. In particular, section made and specify the additional the quality system requirements for 4.14.3 requires that potential causes of information that is needed (in such candidate methods for PM2.5 and nonconformities be eliminated by using cases, the 120-day period shall PM10¥2.5 must be described in sufficient information such as service reports and commence upon receipt of the detail, based on the elements described customer complaints to eliminate additional information). in section 4 of reference 1 (Quality potential causes of nonconformities. (d) Send notice to the applicant that System Requirements) of appendix A of (d) For candidate reference or additional test data must be submitted this subpart. Further clarification is equivalent methods for PM2.5 and Class and specify what tests are necessary and
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how the tests shall be interpreted (in ultimate purchaser, and an electronic or PM10¥2.5 sampler that has been such cases, the 120-day period shall copy of the manual suitable for designated as a FRM or FEM, the commence upon receipt of the incorporating into user-specific applicant shall not sell the modified additional test data). standard operating procedure analyzer or sampler as a reference or (e) Send notice to the applicant that documents shall be readily available to equivalent method nor attach a label or the application has been found to be any users. sticker to the modified analyzer or substantially deficient or incomplete (b) Any method offered for sale as a sampler under paragraph (d) or (e) of and cannot be processed until FRM or FEM shall generate no this section until the applicant has additional information is submitted to unreasonable hazard to operators or to received notice under § 53.14(c) that the complete the application and specify the environment during normal use or existing designation or a new the general areas of substantial when malfunctioning. designation will apply to the modified deficiency. (c) Any analyzer, PM10 sampler, PM2.5 analyzer or sampler or has applied for (f) Send notice to the applicant that sampler, or PM10¥2.5 sampler offered for and received notice under § 53.8(b) of a additional tests will be conducted by sale as part of a FRM or FEM shall new FRM or FEM determination for the the Administrator, specifying the nature function within the limits of the modified analyzer or sampler. of and reasons for the additional tests performance specifications referred to in (h) An applicant who has offered § 53.20(a), § 53.30(a), § 53.50, or § 53.60, and the estimated time required (in such PM2.5 or PM10¥2.5 samplers or analyzers cases, the 120-day period shall as applicable, for at least 1 year after for sale as part of a FRM or FEM may commence 1 calendar day after the delivery and acceptance when continue to do so only so long as the additional tests have been completed). maintained and operated in accordance facility in which the samplers or 3. Sections 53.8 and 53.9 are revised with the manual referred to in analyzers are manufactured continues to to read as follows: § 53.4(b)(3). be an ISO 9001-registered facility, as set
(d) Any analyzer, PM10 sampler, PM2.5 forth in subpart E of this part. In the § 53.8 Designation of reference and sampler, or PM10¥2.5 sampler offered for equivalent methods. event that the ISO 9001 registration for sale as a FRM or FEM shall bear a the facility is withdrawn, suspended, or (a) A candidate method determined prominent, permanently affixed label or otherwise becomes inapplicable, either by the Administrator to satisfy the sticker indicating that the analyzer or permanently or for some specified time applicable requirements of this part sampler has been designated by EPA as interval, such that the facility is no shall be designated as a FRM or FEM (as a FRM or FEM (as applicable) in longer an ISO 9001-registered facility, applicable) by and upon publication of accordance with this part and the applicant shall notify EPA within 30 a notice of the designation in the displaying any designated method days of the date the facility becomes Federal Register. identification number that may be other than an ISO 9001-registered (b) Upon designation, a notice assigned by EPA. facility, and upon such notification, indicating that the method has been (e) If an analyzer is offered for sale as EPA shall issue a preliminary finding designated as a FRM or FEM shall be a FRM or FEM and has one or more and notification of possible cancellation sent to the applicant. selectable ranges, the label or sticker of the FRM or FEM designation under (c) The Administrator will maintain a required by paragraph (d) of this section § 53.11. current list of methods designated as shall be placed in close proximity to the FRM or FEM in accordance with this range selector and shall indicate clearly (i) An applicant who has offered PM2.5 part and will send a copy of the list to which range or ranges have been or PM10¥2.5 samplers or analyzers for any person or group upon request. A designated as parts of the FRM or FEM. sale as part of a FRM or FEM may copy of the list will be available for (f) An applicant who offers analyzers, continue to do so only so long as updates of the Product Manufacturing inspection or copying at EPA Regional PM10 samplers, PM2.5 samplers, or Checklist set forth in subpart E of this Offices and may be available via the PM10¥2.5 samplers for sale as FRM or Internet or other sources. FEMs shall maintain an accurate and part are submitted annually. In the current list of the names and mailing event that an annual Checklist update is § 53.9 Conditions of designation. addresses of all ultimate purchasers of not received by EPA within 12 months Designation of a candidate method as such analyzers or samplers. For a period of the date of the last such submitted a FRM or FEM shall be conditioned to of 7 years after publication of the FRM Checklist or Checklist update, EPA shall the applicant’s compliance with the or FEM designation applicable to such notify the applicant within 30 days that following requirements. Failure to an analyzer or sampler, the applicant the Checklist update has not been comply with any of the requirements shall notify all ultimate purchasers of received and shall, within 30 days from shall constitute a ground for the analyzer or sampler within 30 days the issuance of such notification, issue cancellation of the designation in if the designation has been canceled in a preliminary finding and notification of accordance with § 53.11. accordance with § 53.11 or § 53.16 or if possible cancellation of the reference or (a) Any method offered for sale as a adjustment of the analyzer or sampler is equivalent method designation under FRM or FEM shall be accompanied by necessary under § 53.11(b). § 53.11. a copy of the manual referred to in (g) If an applicant modifies an 4. Table A–1 to subpart A of part 53 § 53.4(b)(3) when delivered to any analyzer, PM10 sampler, PM2.5 sampler, is revised to read as follows:
TABLE A–1 TO SUBPART A OF PART 53.—SUMMARY OF APPLICABLE REQUIREMENTS FOR REFERENCE AND EQUIVALENT METHODS FOR AIR MONITORING OF CRITERIA POLLUTANTS.
Applicable Applicable subparts of part 53 Pollutant Ref. or equivalent Manual or automated part 50 ap- pendix A B C D E F
SO2 ...... Reference ...... Manual ...... A ...... Equivalent ...... Manual ......
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TABLE A–1 TO SUBPART A OF PART 53.—SUMMARY OF APPLICABLE REQUIREMENTS FOR REFERENCE AND EQUIVALENT METHODS FOR AIR MONITORING OF CRITERIA POLLUTANTS.—Continued
Applicable Applicable subparts of part 53 Pollutant Ref. or equivalent Manual or automated part 50 ap- pendix A B C D E F
Automated ...... CO ...... Reference ...... Automated ...... C ...... Equivalent ...... Manual ...... Automated ...... O3 ...... Reference ...... Automated ...... D ...... Equivalent ...... Manual ...... Automated ...... NO2 ...... Reference ...... Automated ...... F ...... Equivalent ...... Manual ...... Automated ...... Pb ...... Reference ...... Manual ...... G ...... Equivalent ...... Manual ...... PM10 ...... Reference ...... Manual ...... J ...... Equivalent ...... Manual ...... Automated ...... PM2.5 ...... Reference ...... Manual ...... L ...... Equivalent Class I ...... Manual ...... L ...... Equivalent Class II ...... Manual ...... L1 ...... 2 1,2 Equivalent Class III ...... Automated ...... L1 ...... 1 1 2 PM10–2.5 ...... Reference ...... Manual ...... O ...... Equivalent Class I ...... Manual ...... O2 ...... Equivalent Class II ...... Manual ...... O2 ...... 2 1 1, 2 Equivalent Class III ...... Automated ...... L1,O1, 2 ...... 1 1 1 Some requirements may apply, based on the nature of each particular candidate method, as determined by the Administrator. 2 Alternative Class III requirements may be substituted.
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