National Ambient Air Quality Standards for Particulate Matter, 61144-61233 [06-8477]
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 50
[EPA–HQ–OAR–2001–0017; FRL–8225–3]
RIN 2060–AI44
National Ambient Air Quality
Standards for Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: Based on its review of the air
quality criteria and national ambient air
quality standards (NAAQS) for
particulate matter (PM), EPA is making
revisions to the primary and secondary
NAAQS for PM to provide increased
protection of public health and welfare,
respectively. With regard to primary
standards for fine particles (generally
referring to particles less than or equal
to 2.5 micrometers (µm) in diameter,
PM2.5), EPA is revising the level of the
24-hour PM2.5 standard to 35
micrograms per cubic meter (µg/m3) and
retaining the level of the annual PM2.5
standard at 15µg/m3. With regard to
primary standards for particles generally
less than or equal to 10µm in diameter
(PM10), EPA is retaining the 24-hour
PM10 and revoking the annual PM10
standard. With regard to secondary PM
standards, EPA is making them identical
in all respects to the primary PM
standards, as revised.
DATES: This final rule is effective on
December 18, 2006.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2001–0017. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g. confidential business information or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The Docket telephone
number is 202–566–1741. The
telephone number for the Public
Reading Room is 202–566–1744.
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The EPA Docket Center suffered
damage due to flooding during the last
week of June 2006. The Docket Center
is continuing to operate. However,
during the cleanup, there will be
temporary changes to Docket Center
telephone numbers, addresses, and
hours of operation for people who wish
to visit the Public Reading Room to
view documents. Consult EPA’s Federal
Register notice at 71 FR 38147 (July 5,
2006) or the EPA Web site at
www.epa.gov/epahome/dockets.htm for
current information on docket status,
locations and telephone numbers.
Ms.
Beth M. Hassett-Sipple, Mail Code
C504–06, Health and Environmental
Impacts Division, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, telephone: (919) 541–4605, email: hassett-sipple.beth@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
The following topics are discussed in
today’s preamble:
I. Background
A. Summary of Revisions to the PM
NAAQS
B. Legislative Requirements
C. Overview of Air Quality Criteria and
Standards Review for PM
D. Related Control Programs to Implement
PM Standards
E. Summary of Proposed Revisions to the
PM NAAQS
F. Organization and Approach to Final PM
NAAQS Decisions
II. Rationale for Final Decisions on Primary
PM2.5 Standards
A. Introduction
1. Overview
2. Overview of Health Effects Evidence
3. Overview of Quantitative Risk
Assessment
B. Need for Revision of the Current
Primary PM2.5 Standards
1. Introduction
2. Comments on the Need for Revision
3. Conclusions Regarding the Need for
Revision
C. Indicator for Fine Particles
D. Averaging Time of Primary PM2.5
Standards
E. Form of Primary PM2.5 Standards
1. 24-Hour PM2.5 Standard
2. Annual PM2.5 Standard
F. Level of Primary PM2.5 Standards
1. 24-Hour PM2.5 Standard
2. Annual PM2.5 Standard
G. Final Decisions on Primary PM2.5
Standards
III. Rationale for Final Decisions on Primary
PM10 Standards
A. Introduction
1. Overview
2. Overview of Health Effects Evidence
3. Overview of Quantitative Risk
Assessment
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B. Need for Revision of the Current
Primary PM10 Standards
1. Overview of the Proposal
2. Comments on the Need for Revision
C. Indicator for Thoracic Coarse Particles
1. Introduction
2. Comments on Indicator for Thoracic
Coarse Particles
3. Decision Not to Revise PM10 Indicator
a. Unqualified PM10–2.5 Indicator
b. PM10 Indicator
c. Unqualified PM10 Indicator, with
Adjustment to the PM2.5 Component
4. Conclusions Regarding Indicator for
Thoracic Coarse Particles
D. Conclusions Regarding Averaging Time,
Form, and Level of the Current PM10
Standards
1. Averaging Time
2. Level and Form of the 24-Hour PM10
Standard
E. Final Decisions on Primary PM10
Standards
IV. Rationale for Final Decisions on
Secondary PM Standards
A. Visibility Impairment
1. Visibility Impairment Related to
Ambient PM
2. Need for Revision of the Current
Secondary PM2.5 Standards to Protect
Visibility
3. Indicator of PM for Secondary Standard
to Address Visibility Impairment
4. Averaging Time of a Secondary PM2.5
Standard for Visibility Protection
5. Final Decisions on Secondary PM2.5
Standards for Visibility Protection
B. Other PM-Related Welfare Effects
1. Evidence of Non-Visibility Welfare
Effects Related to PM
2. Need for Revision of the Current
Secondary PM Standards to Address
Other PM-Related Welfare Effects
C. Final Decisions on Secondary PM
Standards
V. Interpretation of the NAAQS for PM
A. Amendments to Appendix N—
Interpretation of the National Ambient
Air Quality Standards for PM2.5
1. General
2. PM2.5 Monitoring and Data Reporting
Considerations
3. PM2.5 Computations and Data Handling
Conventions
4. Conforming Revisions
B. Proposed Appendix P—Interpretation of
the National Ambient Air Quality
Standards for PM10–2.5
C. Amendments to Appendix K—
Interpretation of the National Ambient
Air Quality Standards for PM10
VI. Reference Methods for the Determination
of Particulate Matter as PM10–2.5 and
PM2.5
A. Appendix O to Part 50—Reference
Method for the Determination of Coarse
Particulate Matter as PM10–2.5 in the
Atmosphere
B. Amendments to Appendix L—Reference
Method for the Determination of Fine
Particulate Matter (as PM2.5) in the
Atmosphere
VII. Issues Related to Implementation of PM10
Standards
A. Summary of Comments Received on
Transition
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B. Impact of Decision on PM10
Designations
C. Impact of Decision on State
Implementation Plans (SIPs) and Control
Obligations
D. Consideration of Fugitive Emissions for
New Source Review (NSR) Purposes
E. Handling of PM10 Exceedances Due to
Exceptional Events
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health &
Safety Risks
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
References
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I. Background
A. Summary of Revisions to the PM
NAAQS
Based on its review of the air quality
criteria and national ambient air quality
standards (NAAQS) for particulate
matter (PM), EPA is making revisions to
the primary and secondary NAAQS for
PM to provide increased protection of
public health and welfare, respectively.
With regard to primary standards for
fine particles (generally referring to
particles less than or equal to 2.5
micrometers (µm) in diameter, PM2.5),
EPA is revising the level of the 24-hour
PM2.5 standard to 35 micrograms per
cubic meter µg/m3), providing increased
protection against health effects
associated with short-term exposure
(including premature mortality and
increased hospital admissions and
emergency room visits), and retaining
the level of the annual PM2.5 standard at
15 µg/m3, continuing protection against
health effects associated with long-term
exposure (including premature
mortality and development of chronic
respiratory disease). The EPA is revising
the form of the annual PM2.5 standard
with regard to the criteria for spatial
averaging, such that averaging across
monitoring sites is allowed if the annual
mean concentration at each monitoring
site is within 10 percent of the spatially
averaged annual mean, and the daily
values for each monitoring site pair
yield a correlation coefficient of at least
0.9 for each calendar quarter.
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With regard to primary standards for
particles generally less than or equal to
10µm in diameter (PM10), EPA is
retaining the 24-hour PM10 standard to
protect against the health effects
associated with short-term exposure to
coarse particles (including hospital
admissions for cardiopulmonary
diseases, increased respiratory
symptoms and possibly premature
mortality). Given that the available
evidence does not suggest an association
between long-term exposure to coarse
particles at current ambient levels and
health effects, EPA is revoking the
annual PM10 standard.
With regard to secondary PM
standards, EPA is revising the current
24-hour PM2.5 secondary standard by
making it identical to the revised 24hour PM2.5 primary standard, retaining
the annual PM2.5 and 24-hour PM10
secondary standards, and revoking the
annual PM10 secondary standard. This
suite of secondary PM standards is
intended to provide protection against
PM-related public welfare effects,
including visibility impairment, effects
on vegetation and ecosystems, and
materials damage and soiling.
B. Legislative Requirements
Two sections of the Clean Air Act
(CAA) govern the establishment and
revision of the NAAQS. Section 108 (42
U.S.C. 7408) directs the Administrator
to identify and list ‘‘air pollutants’’ that
‘‘in his judgment, may reasonably be
anticipated to endanger public health
and welfare’’ and whose ‘‘presence
* * * in the ambient air results from
numerous or diverse mobile or
stationary sources’’ and to issue air
quality criteria for those that are listed.
Air quality criteria are intended to
‘‘accurately reflect the latest scientific
knowledge useful in indicating the kind
and extent of identifiable effects on
public health or welfare which may be
expected from the presence of [a]
pollutant in ambient air * * * .’’
Section 109 (42 U.S.C. 7409) directs
the Administrator to propose and
promulgate ‘‘primary’’ and ‘‘secondary’’
NAAQS for pollutants listed under
section 108. Section 109(b)(1) defines a
primary standard as one ‘‘the attainment
and maintenance of which in the
judgment of the Administrator, based on
such criteria and allowing an adequate
margin of safety, are requisite to protect
the public health.’’ 1 A secondary
1 The legislative history of section 109 indicates
that a primary standard is to be set at ‘‘the
maximum permissible ambient air level * * *
which will protect the health of any [sensitive]
group of the population,’’ and that for this purpose
‘‘reference should be made to a representative
sample of persons comprising the sensitive group
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standard, as defined in section
109(b)(2), must ‘‘specify a level of air
quality the attainment and maintenance
of which, in the judgment of the
Administrator, based on such criteria, is
requisite to protect the public welfare
from any known or anticipated adverse
effects associated with the presence of
[the] pollutant in the ambient air.’’ 2
The requirement that primary
standards include an adequate margin of
safety was intended to address
uncertainties associated with
inconclusive scientific and technical
information available at the time of
standard setting. It was also intended to
provide a reasonable degree of
protection against hazards that research
has not yet identified. Lead Industries
Association v. EPA, 647 F.2d 1130, 1154
(D.C. Cir 1980), cert. denied, 449 U.S.
1042 (1980); American Petroleum
Institute v. Costle, 665 F.2d 1176, 1186
(D.C. Cir. 1981), cert. denied, 455 U.S.
1034 (1982). Both kinds of uncertainties
are components of the risk associated
with pollution at levels below those at
which human health effects can be said
to occur with reasonable scientific
certainty. Thus, in selecting primary
standards that include an adequate
margin of safety, the Administrator is
seeking not only to prevent pollution
levels that have been demonstrated to be
harmful but also to prevent lower
pollutant levels that may pose an
unacceptable risk of harm, even if the
risk is not precisely identified as to
nature or degree. The CAA does not
require the Administrator to establish a
primary NAAQS at a zero-risk level or
at a background concentration level (see
Lead Industries Association v. EPA,
supra, 647 F.2d at 1156 n. 51), but
rather at a level that reduces risk
sufficiently so as to protect public
health with an adequate margin of
safety.
In addressing the requirement for an
adequate margin of safety, EPA
considers such factors as the nature and
severity of the health effects involved,
the size of the sensitive population(s) at
risk, and the kind and degree of the
uncertainties that must be addressed.
The selection of any particular approach
to providing an adequate margin of
safety is a policy choice left specifically
to the Administrator’s judgment. Lead
rather than to a single person in such a group’’ [S.
Rep. No. 91–1196, 91st Cong., 2d Sess. 10 (1970)].
2 Welfare effects as defined in section 302(h) [42
U.S.C. 7602(h)] include, but are not limited to,
‘‘effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather,
visibility and climate, damage to and deterioration
of property, and hazards to transportation, as well
as effects on economic values and on personal
comfort and well-being.’’
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Industries Association v. EPA, supra,
647 F.2d at 1161–62.
In setting standards that are
‘‘requisite’’ to protect public health and
welfare, as provided in section 109(b),
EPA’s task is to establish standards that
are neither more nor less stringent than
necessary for these purposes. In
establishing primary and secondary
standards, EPA may not consider the
costs of implementing the standards.
See generally Whitman v. American
Trucking Associations, 531 U.S. 457,
465–472, 475–76 (2001).
Section 109(d)(1) of the CAA requires
that ‘‘not later than December 31, 1980,
and at 5-year intervals thereafter, the
Administrator shall complete a
thorough review of the criteria
published under section 108 and the
national ambient air quality standards
* * * and shall make such revisions in
such criteria and standards and
promulgate such new standards as may
be appropriate in accordance with [the
provisions in section 109(b) on primary
and secondary standards].’’ This
includes the authority to modify or
revoke a standard or standards, as
appropriate under these provisions.
Section 109(d)(2) requires that an
independent scientific review
committee ‘‘shall complete a review of
the criteria * * * and the national
primary and secondary ambient air
quality standards * * * and shall
recommend to the Administrator any
new * * * standards and revisions of
existing criteria and standards as may be
appropriate * * *.’’ This independent
review function is performed by the
Clean Air Scientific Advisory
Committee (CASAC) of EPA’s Science
Advisory Board.
C. Overview of Air Quality Criteria and
Standards Review for PM
Particulate matter is the generic term
for a broad class of chemically and
physically diverse substances that exist
as discrete particles (liquid droplets or
solids) over a wide range of sizes.
Particles originate from a variety of
anthropogenic stationary and mobile
sources as well as from natural sources.
Particles may be emitted directly or
formed in the atmosphere by
transformations of gaseous emissions
such as sulfur oxides (SOX), nitrogen
oxides (NOX), and volatile organic
compounds (VOC). The chemical and
physical properties of PM vary greatly
with time, region, meteorology, and
source category, thus complicating the
assessment of health and welfare effects.
More specifically, the PM that is the
subject of the air quality criteria and
standards reviews includes both fine
particles and thoracic coarse particles,
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which are considered as separate
subclasses of PM pollution based in part
on long-established information on
differences in sources, properties, and
atmospheric behavior between fine and
coarse particles (EPA, 2005, section 2.2).
Fine particles are produced chiefly by
combustion processes and by
atmospheric reactions of various
gaseous pollutants, whereas thoracic
coarse particles are generally emitted
directly as particles as a result of
mechanical processes that crush or
grind larger particles or the
resuspension of dusts. Sources of fine
particles include, for example, motor
vehicles, power generation, combustion
sources at industrial facilities, and
residential fuel burning. Sources of
thoracic coarse particles include, for
example, traffic-related emissions such
as tire and brake lining materials, direct
emissions from industrial operations,
construction and demolition activities,
and agricultural and mining operations.
Fine particles can remain suspended in
the atmosphere for days to weeks and
can be transported thousands of
kilometers, whereas thoracic coarse
particles generally deposit rapidly on
the ground or other surfaces and are not
readily transported across urban or
broader areas.
The last review of PM air quality
criteria and standards was completed in
July 1997 with notice of a final decision
to revise the existing standards (62 FR
38652, July 18, 1997). In that decision,
EPA revised the PM NAAQS in several
respects. While EPA determined that the
PM NAAQS should continue to focus on
particles less than or equal to 10 µm in
diameter (PM10), EPA also determined
that the fine and coarse fractions of
PM10 should be considered separately.
The EPA added new standards, using
PM2.5 as the indicator for fine particles
(with PM2.5 referring to particles with a
nominal aerodynamic diameter less
than or equal to 2.5 µm), and using PM10
as the indicator for purposes of
regulating the coarse fraction of PM10
(referred to as thoracic coarse particles
or coarse-fraction particles; generally
including particles with a nominal
aerodynamic diameter greater than 2.5
µm and less than or equal to 10 µm, or
PM10–2.5). The EPA established two new
PM2.5 standards: An annual standard of
15 µg/m3, based on the 3-year average of
annual arithmetic mean PM2.5
concentrations from single or multiple
community-oriented monitors; and a 24hour standard of 65 µg/m3, based on the
3-year average of the 98th percentile of
24-hour PM2.5 concentrations at each
population-oriented monitor within an
area. Also, EPA established a new
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reference method for the measurement
of PM2.5 in the ambient air and adopted
rules for determining attainment of the
new standards. To continue to address
thoracic coarse particles, EPA retained
the annual PM10 standard, while
revising the form, but not the level, of
the 24-hour PM10 standard to be based
on the 99th percentile of 24-hour PM10
concentrations at each monitor in an
area. The EPA revised the secondary
standards by making them identical in
all respects to the primary standards.
Following promulgation of the revised
PM NAAQS, petitions for review were
filed by a large number of parties,
addressing a broad range of issues. In
May 1999, a three-judge panel of the
U.S. Court of Appeals for the District of
Columbia Circuit issued an initial
decision that upheld EPA’s decision to
establish fine particle standards,
holding that ‘‘the growing empirical
evidence demonstrating a relationship
between fine particle pollution and
adverse health effects amply justifies
establishment of new fine particle
standards.’’ American Trucking
Associations v. EPA, 175 F.3d 1027,
1055–56 (D.C. Cir. 1999) (‘‘ATA I’’)
rehearing granted in part and denied in
part, 195 F.3d 4 (D.C. Cir. 1999) (‘‘ATA
II’’), affirmed in part and reversed in
part, Whitman v. American Trucking
Associations, 531 U.S. 457 (2001). The
Panel also found ‘‘ample support’’ for
EPA’s decision to regulate coarse
particle pollution, but vacated the 1997
PM10 standards, concluding that EPA’s
justification for the use of PM10 as an
indicator for coarse particles was
arbitrary. 175 F.3d at 1054–55. Pursuant
to the court’s decision, EPA removed
the vacated 1997 PM10 standards from
the regulations (CFR) (69 FR 45592, July
30, 2004) and deleted the regulatory
provision (at 40 CFR 50.6(d)) that
controlled the transition from the preexisting 1987 PM10 standards to the
1997 PM10 standards (65 FR 80776,
December 22, 2000). The pre-existing
1987 PM10 standards remained in place.
Id. at 80777.
More generally, the panel held (over
one judge’s dissent) that EPA’s approach
to establishing the level of the standards
in 1997, both for PM and for ozone
NAAQS promulgated on the same day,
effected ‘‘an unconstitutional delegation
of legislative authority.’’ Id. at 1034–40.
Although the panel stated that ‘‘the
factors EPA uses in determining the
degree of public health concern
associated with different levels of ozone
and PM are reasonable,’’ it remanded
the rule to EPA, stating that when EPA
considers these factors for potential
non-threshold pollutants ‘‘what EPA
lacks is any determinate criterion for
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drawing lines’’ to determine where the
standards should be set. Consistent with
EPA’s long-standing interpretation and
D.C. Circuit precedent, the panel also
reaffirmed prior rulings holding that in
setting NAAQS EPA is ‘‘not permitted to
consider the cost of implementing those
standards.’’ Id. at 1040–41.
Both sides filed cross appeals on these
issues to the United States Supreme
Court, and the Court granted certiorari.
In February 2001, the Supreme Court
issued a unanimous decision upholding
EPA’s position on both the
constitutional and cost issues. Whitman
v. American Trucking Associations, 531
U.S. 457, 464, 475–76 (2001). On the
constitutional issue, the Court held that
the statutory requirement that NAAQS
be ‘‘requisite’’ to protect public health
with an adequate margin of safety
sufficiently guided EPA’s discretion,
affirming EPA’s approach of setting
standards that are neither more nor less
stringent than necessary. The Supreme
Court remanded the case to the Court of
Appeals for resolution of any remaining
issues that had not been addressed in
that court’s earlier rulings. Id. at 475–76.
In March 2002, the Court of Appeals
rejected all remaining challenges to the
standards, holding under the traditional
standard of judicial review that EPA’s
PM2.5 standards were reasonably
supported by the administrative record
and were not ‘‘arbitrary and capricious.’’
American Trucking Associations v.
EPA, 283 F. 3d 355, 369–72 (D.C. Cir.
2002) (‘‘ATA III’’).
In October 1997, EPA published its
plans for the current periodic review of
the PM criteria and NAAQS (62 FR
55201, October 23, 1997), including the
1997 PM2.5 standards and the 1987 PM10
standards. The approach in this review
continues to address fine and thoracic
coarse particles separately. This
approach has been reinforced by new
information that has advanced our
understanding of differences in human
exposure relationships and dosimetric
patterns characteristic of these two
subclasses of PM pollution, as well as
the apparent independence of health
effects that have been associated with
them in epidemiologic studies (EPA,
2004a, section 3.2.3). See also ATA I,
175 F. 3d at 1053–54, 1055–56 (EPA
justified in establishing separate
standards for fine and thoracic coarse
particles).
As part of the process of preparing an
updated Air Quality Criteria Document
for Particulate Matter (henceforth, the
‘‘Criteria Document’’), EPA’s National
Center for Environmental Assessment
(NCEA) hosted a peer review workshop
in April 1999 on drafts of key Criteria
Document chapters. The first external
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review draft Criteria Document was
reviewed by CASAC and the public at
a meeting held in December 1999. Based
on CASAC and public comment, NCEA
revised the draft Criteria Document and
released a second draft in March 2001
for review by CASAC and the public at
a meeting held in July 2001. A
preliminary draft of a staff paper,
Review of the National Ambient Air
Quality Standards for Particulate Matter:
Assessment of Scientific and Technical
Information (henceforth, the ‘‘Staff
Paper’’) prepared by EPA’s Office of Air
Quality Planning and Standards
(OAQPS) was released in June 2001 for
public comment and for consultation
with CASAC at the same public
meeting. Taking into account CASAC
and public comments, a third draft
Criteria Document was released in May
2002 for review at a meeting held in July
2002.
Shortly after the release of the third
draft Criteria Document, the Health
Effects Institute (HEI) 3 announced that
researchers at Johns Hopkins University
had discovered problems with
applications of statistical software used
in a number of important
epidemiological studies that had been
discussed in that draft Criteria
Document. In response to this
significant issue, EPA took steps in
consultation with CASAC and the
broader scientific community to
encourage researchers to reanalyze
affected studies and to submit them
expeditiously for peer review by a
special expert panel convened at EPA’s
request by HEI. The results of this
reanalysis and peer-review process were
subsequently incorporated into a fourth
draft Criteria Document, which was
released in June 2003 and reviewed by
CASAC and the public at a meeting held
in August 2003.
The first draft Staff Paper, based on
the fourth draft Criteria Document, was
released at the end of August 2003, and
was reviewed by CASAC and the public
at a meeting held in November 2003.
During that meeting, EPA also consulted
with CASAC on a new framework for
the final chapter (integrative synthesis)
of the Criteria Document and on
ongoing revisions to other Criteria
Document chapters to address previous
CASAC comments. The EPA held
additional consultations with CASAC at
public meetings held in February, July,
and September 2004, leading to
publication of the final Criteria
Document in October 2004 (EPA,
3 The HEI is a non-profit, independent research
institute jointly and equally funded by EPA and
multiple industries that conducts research on the
health effects of air pollution.
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61147
2004a). The second draft Staff Paper,
based on the final Criteria Document,
was released at the end of January 2005,
and was reviewed by CASAC and the
public at a meeting held in April 2005.
The CASAC’s advice and
recommendations to the Administrator,
based on its review of the second draft
Staff Paper, were further discussed
during a public teleconference held in
May 2005 and are provided in a June 6,
2005 letter to the Administrator
(Henderson, 2005a). The final Staff
Paper takes into account the advice and
recommendations of CASAC and public
comments received on the earlier drafts
of this document. The Administrator
subsequently received additional advice
and recommendations from the CASAC,
specifically on potential standards for
thoracic coarse particles, in a
teleconference on August 11, 2005, and
in a letter to the Administrator dated
September 15, 2005 (Henderson, 2005b).
The final Staff Paper was reissued in
December 2005 to add CASAC’s final
letter as an attachment (EPA, 2005).
The schedule for completion of this
review is governed by a consent decree
resolving a lawsuit filed in March 2003
by a group of plaintiffs representing
national environmental organizations.
The lawsuit alleged that EPA had failed
to perform its mandatory duty, under
section 109(d)(1), of completing the
current review within the period
provided by statute. American Lung
Association v. Whitman (No.
1:03CV00778, D.D.C. 2003). An initial
consent decree was entered by the court
in July 2003 after an opportunity for
public comment. The consent decree, as
modified by the court, provides that
EPA will sign for publication notices of
proposed and final rulemaking
concerning its review of the PM NAAQS
no later than December 20, 2005 and
September 27, 2006, respectively.
On December 20, 2005, EPA issued its
proposed decision to revise the NAAQS
for PM (71 FR 2620, January 17, 2006)
(henceforth ‘‘proposal’’). In the
proposal, EPA identified proposed
revisions to the standards, based on the
air quality criteria for PM, and to related
data handling conventions and federal
reference methods for monitoring PM.
The proposal solicited public comments
on alternative primary and secondary
standards and related matters.
The EPA held several public hearings
across the country to provide direct
opportunities for public comment on
the proposed revisions to the PM
NAAQS. On March 8, 2006, EPA held
three concurrent 12-hour public
hearings in Philadelphia, PA; Chicago,
IL; and San Francisco, CA. At these
public hearings, EPA heard testimony
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from 280 individuals representing
themselves or specific interested
organizations.
More than 120,000 comments were
received from members of the public
and various interested groups on the
proposed revisions to the PM NAAQS
by the close of the public comment
period on April 17, 2006. CASAC
provided additional advice to EPA in a
letter to the Administrator requesting
reconsideration of CASAC’s
recommendations for both the primary
and secondary PM2.5 standards as well
as standards for thoracic coarse particles
(Henderson, 2006). Major issues raised
in the public comments are discussed
throughout the preamble of this final
action. A comprehensive summary of all
significant comments, along with EPA’s
responses (henceforth ‘‘Response to
Comments’’), can be found in the docket
for this rulemaking (Docket No. EPA–
HQ–OAR–2001–0017).
In the proposal, EPA recognized that
there were a number of new scientific
studies on the health effects of PM that
had been published recently and
therefore were not included in the
Criteria Document.4 The EPA
committed to conduct a review and
assessment of any significant ‘‘new’’
studies, including studies submitted
during the public comment period. The
purpose of this review was to ensure
that the Administrator was fully aware
of the ‘‘new’’ science before making a
final decision on whether to revise the
current PM NAAQS. The EPA screened
and surveyed the recent literature,
including studies submitted during the
public comment period, and conducted
a provisional assessment (EPA, 2006a)
that places the results of those studies
of potentially greatest policy relevance
in the context of the findings of the
Criteria Document.
The provisional assessment found
that the ‘‘new’’ studies expand the
scientific information and provide
important insights on the relationship
between PM exposure and health effects
of PM. The provisional assessment also
found that ‘‘new’’ studies generally
strengthen the evidence that acute and
chronic exposure to fine particles and
acute exposure to thoracic coarse
4 For ease of reference, these studies will be
referred to as ‘‘new’’ studies or ‘‘new’’ science,
using quotation marks around the word new.
Referring to studies that were published too
recently to have been included in the 2004 Criteria
Document as ‘‘new’’ studies is intended to clearly
differentiate such studies from those that have been
published since the last review and are included in
the 2004 Criteria Document (these studies are
sometimes referred to as new (without quotation
marks) or more recent studies, to indicate that they
were not included in the 1996 Criteria Document
and thus are newly available in this review).
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particles are associated with health
effects; some of the ‘‘new’’
epidemiologic studies report effects in
areas with lower concentrations of PM2.5
or PM10–2.5 than those in earlier reports;
‘‘new’’ toxicology and epidemiologic
studies link various health effects with
a range of fine particle sources and
components; and ‘‘new’’ toxicology
studies report effects of thoracic coarse
particles but do not provide evidence to
support distinguishing effects from
exposure to urban and rural particles.
Further, the provisional assessment
found that the results reported in the
studies do not dramatically diverge from
previous findings, and, taken in context
with the findings of the Criteria
Document, the new information and
findings do not materially change any of
the broad scientific conclusions
regarding the health effects of PM
exposure made in the Criteria
Document.
The EPA believes it was important to
conduct a provisional assessment in this
case, so that the Administrator would be
aware of the science that developed too
recently for inclusion in the Criteria
Document. However it is also important
to note that EPA’s review of that science
to date has been limited to screening,
surveying, and preparing a provisional
assessment of these studies. Having
performed this limited provisional
assessment, EPA must decide whether
to consider the newer studies in this
review and take such steps as may be
necessary to include them in the basis
for the final decision, or to reserve such
action for the next review of the PM
NAAQS.
As in prior NAAQS reviews, EPA is
basing its decision in this review on
studies and related information
included in the Criteria Document and
Staff Paper, which have undergone
CASAC and public review. The studies
assessed in the Criteria Document, and
the integration of the scientific evidence
presented in that document, have
undergone extensive critical review by
EPA, CASAC, and the public during the
development of the Criteria Document.
The rigor of that review makes these
studies, and their integrative
assessment, the most reliable source of
scientific information on which to base
decisions on the NAAQS, decisions that
all parties recognize as of great import.
NAAQS decisions can have profound
impacts on public health and welfare,
and NAAQS decisions should be based
on studies that have been rigorously
assessed in an integrative manner not
only by EPA but also by the statutorily
mandated independent advisory
committee, as well as the public review
that accompanies this process. As
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described above, the provisional
assessment did not and could not
provide that kind of in-depth critical
review.
This decision is consistent with EPA’s
practice in prior NAAQS reviews. Since
the 1970 amendments, the EPA has
taken the view that NAAQS decisions
are to be based on scientific studies and
related information that have been
assessed as a part of the pertinent air
quality criteria. See e.g., 36 FR 8186
(April 30, 1971) (EPA based original
NAAQS for six pollutants on scientific
studies discussed in air quality criteria
documents and limited consideration of
comments to those concerning validity
of scientific basis); 38 FR 25678, 25679–
25680 (September 14, 1973) (EPA
revised air quality criteria for sulfur
oxides to provide basis for reevaluation
of secondary NAAQS). This
longstanding interpretation was
strengthened by new legislative
requirements enacted in 1977, which
added section 109(d)(2) of the Act
concerning CASAC review of air quality
criteria. EPA has consistently followed
this approach. 52 FR 24634, 24637 (July
1, 1987) (after review by CASAC, EPA
issued a post-proposal addendum to the
PM Criteria Document, to address
certain new scientific studies not
included in the 1982 Criteria
Document); 61 FR 25566, 25568 (May
22, 1996) (after review by CASAC, EPA
issued a post-proposal supplement to
the 1982 Criteria Document to address
certain new health studies not included
in the 1982 Criteria Document or 1986
Addendum). The EPA recently
reaffirmed this approach in its decision
not to revise the ozone NAAQS in 1993,
as well as in its final decision on the PM
NAAQS in the 1997 review. 58 FR
13008, 13013–13014 (March 9, 1993)
(ozone review); 62 FR 38652, 38662
(July 18, 1997) (The EPA conducted a
provisional assessment but based the
final PM decision on studies and related
information included in the air quality
criteria that had been reviewed by
CASAC).
As discussed in EPA’s 1993 decision
not to revise the NAAQS for ozone, new
studies may sometimes be of such
significance that it is appropriate to
delay a decision on revision of NAAQS
and to supplement the pertinent air
quality criteria so the new studies can
be taken into account (58 FR at 13013–
13014, March 9, 1993). In the present
case, the provisional assessment of
recent studies concludes that, taken in
context, the new information and
findings do not materially change any of
the broad scientific conclusions
regarding the health effects of PM
exposure made in the Criteria
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Document. For this reason, reopening
the air quality criteria review would not
be warranted even if there were time to
do so under the court order governing
the schedule for this rulemaking.
Accordingly, EPA is basing the final
decisions in this review on the studies
and related information included in the
PM air quality criteria that have
undergone CASAC and public review.
The EPA will consider the newly
published studies for purposes of
decision making in the next periodic
review of the PM NAAQS, which will
provide the opportunity to fully assess
them through a more rigorous review
process involving EPA, CASAC, and the
public.
In order to facilitate a comprehensive
and timely review of the newly
available science, the Administrator has
directed EPA staff to begin the next
review of the PM NAAQS immediately.5
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D. Related Control Programs To
Implement PM Standards
States are primarily responsible for
ensuring attainment and maintenance of
ambient air quality standards once EPA
has established them. Under section 110
of the CAA (42 U.S.C. 7410) and related
provisions, States are to submit, for EPA
approval, State implementation plans
(SIPs) that provide for the attainment
and maintenance of such standards
through control programs directed to
sources of the pollutants involved. The
States, in conjunction with EPA, also
administer the prevention of significant
deterioration (PSD) program under
sections 160–169 of the CAA (42 U.S.C.
7470–7479) for these pollutants. In
addition, the Act provides for
nationwide reductions in emissions of
these and other air pollutants through
related programs, such as the Federal
Mobile Source Control Program under
Title II of the CAA (42 U.S.C. 7521–
7574), which involves controls for
automobile, truck, bus, motorcycle,
nonroad and off-highway engines and
aircraft emissions; the new source
performance standards under section
111 (42 U.S.C. 7411); and the national
emission standards for hazardous air
pollutants under section 112 (42 U.S.C.
7412).
As described in a recent EPA report,
The Particle Pollution Report: Current
Understanding of Air Quality and
Emissions through 2003 (EPA, 2004b),
State and Federal programs have made
5 The EPA has recently conducted a review of the
process by which the Agency performs periodic
NAAQS reviews to identify ways in which the
process could be strengthened and streamlined
(EPA, 2006b). The EPA intends to incorporate
recommendations from the NAAQS process review
into the next PM NAAQS review.
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substantial progress in reducing ambient
concentrations of PM10 and PM2.5. For
example, PM10 concentrations have
decreased 31 percent nationally since
1988. Regionally, PM10 concentrations
decreased most in areas with
historically higher concentrations—the
Northwest (39 percent decline), the
Southwest (33 percent decline), and
southern California (35 percent decline).
Direct emissions of PM10 have decreased
approximately 25 percent nationally
since 1988.
Programs aimed at reducing direct
emissions of particles have played an
important role in reducing PM10
concentrations, particularly in western
areas. Some examples of PM10 controls
include paving unpaved roads and
using best management practices for
agricultural sources of resuspended soil.
Of the 87 areas that were designated
nonattainment for PM10 in the early
1990s, 64 now meet those standards. In
cities that have not attained the PM10
standards, the number of days above the
standards is down significantly.
Nationally, PM2.5 concentrations have
declined by 10 percent from 1999 to
2003. Generally, PM2.5 concentrations
have also declined the most in regions
with the highest concentrations—the
Southeast (20 percent decline), southern
California (16 percent decline), and the
Industrial Midwest (9 percent decline).
With the exception of the Northeast, the
remaining regions posted modest
declines in PM2.5 concentrations from
1999 to 2003. Direct emissions of PM2.5
have decreased by 5 percent nationally
over the past 5 years.
National programs that affect regional
emissions have also contributed to
lower sulfate concentrations and,
consequently, to lower PM2.5
concentrations, particularly in the
Industrial Midwest and Southeast.
National ozone-reduction programs
designed to reduce emissions of volatile
organic compounds (VOCs) and
nitrogen oxides (NOX) have also helped
reduce carbon and nitrates, both of
which are components of PM2.5.
Additionally, EPA’s Acid Rain Program
has substantially reduced sulfur dioxide
(SO2) emissions from power plants since
1995 in the eastern United States,
contributing to lower PM
concentrations. Nationally, SO2
emissions have declined 9 percent, NOX
emissions have declined 9 percent, and
VOC emissions have declined by 12
percent from 1999 to 2003. In eastern
States affected by the Acid Rain
Program, sulfates decreased 7 percent
over the same period.
Over the next 10 to 20 years, national
and regional regulations will make
major reductions in ambient PM2.5
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levels. The Clean Air Interstate Rule
(CAIR) and the NOX SIP Call will
further reduce SO2 and NOX emissions
from electric generating units and
industrial boilers across the eastern half
of the U.S.; regulations to implement the
1997 ambient air quality standards for
PM2.5 will require direct PM2.5 and
PM2.5 precursor controls in
nonattainment areas; and new national
mobile source regulations affecting
heavy-duty diesel engines, highway
vehicles, and other mobile sources will
reduce emissions of NOX, direct PM2.5,
SO2, and VOCs. The EPA estimates that
these regulations for stationary and
mobile sources will cut SO2 emissions
by 6 million tons annually in 2015 from
2001 levels. Emissions of NOX will be
cut by 9 million tons annually in 2015
from 2001 levels. Emissions of VOCs
will drop by 3 million tons, and direct
PM2.5 emissions will be cut by 200,000
tons in 2015, compared to 2001 levels.
In 2005, 39 nonattainment areas were
designated as not attaining the PM2.5
standards established in 1997. SIPs for
these areas are due in April 2008.
Nonattainment areas are required to
attain the standards as ‘‘expeditiously as
practicable’’ based on implementation
of federal measures already in place and
the adoption of other reasonable control
strategies for sources located in the
nonattainment area and state. The
presumptive timeframe for attainment is
within five years of designation,
although EPA may approve extended
attainment dates of an additional one to
five years for areas with more serious
problems.
Modeling done by EPA indicates that
by 2010, 18 of the 39 currently
designated nonattainment areas are
projected to come into attainment with
those standards just based on regulatory
programs already in place, including
CAIR, the Clean Diesel Rules, and other
Federal measures. Between 2010 and
2015, further reductions in PM
concentrations in the eastern U.S. are
projected due to existing federal
programs alone, on the order of 0.5 to
1.5 µg/m3. All areas in the eastern U.S.
will have lower PM2.5 concentrations in
2015 relative to present-day conditions.
In most cases, the predicted
improvement in PM2.5 ranges from 10
percent to 20 percent.
E. Summary of Proposed Revisions to
the PM NAAQS
For reasons discussed in the proposal,
the Administrator proposed to revise the
current primary and secondary PM2.5
and PM10 standards. With regard to the
primary PM2.5 standards, the
Administrator proposed to revise the
level of the 24-hour PM2.5 standard to 35
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µg/m3, and to revise the form of the
annual PM2.5 standard by changing the
constraints on the optional use of spatial
averaging to include the criterion that
the minimum correlation coefficient
between monitor pairs to be averaged be
0.9 or greater, determined on a seasonal
basis, and the criterion that differences
between monitor values not exceed 10
percent. Related revisions for PM2.5 data
handling conventions and for the
reference method for monitoring PM as
PM2.5 were also proposed.
With regard to the primary PM10
standards, the Administrator proposed
to revise the current standards to
provide more targeted protection from
thoracic coarse particles that are of
concern to public health. In part, the
Administrator proposed to establish a
new indicator for thoracic coarse
particles in terms of PM10–2.5, the
definition of which included
qualifications that identified both the
mix of such particles that were
provisionally determined to be of
concern to public health, and were thus
included in the indicator, and those for
which currently available information
was provisionally determined to be
insufficient as a basis from which to
infer a public health concern, and were
thus excluded. More specifically, the
proposed PM10–2.5 indicator was
qualified so as to include any ambient
mix of PM10–2.5 that is dominated by
resuspended dust from high-density
traffic on paved roads and PM generated
by industrial sources and construction
sources, and to exclude any ambient
mix of PM10–2.5 that is dominated by
rural windblown dust and soils and PM
generated by agricultural and mining
sources. The Administrator also
proposed that agricultural sources,
mining sources, and other similar
sources of crustal material shall not be
subject to control in meeting the
proposed standard. The Administrator
proposed to replace the current primary
24-hour PM10 standard with a 24-hour
standard defined in terms of this new
PM10–2.5 indicator. The proposed new
standard would be met at an ambient air
quality monitoring site when the 3-year
average of the annual 98th percentile
24-hour average PM10–2.5 concentration
is less than or equal to 70 µg/m3, which
would generally maintain the degree of
public health protection afforded by the
current PM10 standards from short-term
exposure to thoracic coarse particles of
concern. Requirements for monitoring
sites that would be appropriate for
determining compliance with this
proposed PM10–2.5 standard were
included as part of proposed revisions
to EPA’s ambient air monitoring
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regulations (see 71 FR 2710, 2736–2728
and 71 FR 2706–2707 (proposing to
incorporate these requirements as part
of the standard)). These proposed
requirements included a five-part test
for determining whether a potential
monitoring site is suitable for
comparison to the standard, all five
parts of which had to be met. In
summary, the suitability test included
the following general provisions: a
monitoring site must be within an
urbanized area that has a population of
at least 100,000 persons; the site must
be within a block group with a
population density greater than 500
people per square mile; the site must be
a ‘‘population-oriented’’ site; the site
may not be adjacent to a large emissions
source or otherwise within the microscale environment affected by a large
source; and, if the first four provisions
are met, a site-specific assessment must
show that the ambient mix of PM10–2.5
sampled at the site would be dominated
by resuspended dust from high-density
traffic on paved roads and PM generated
by industrial sources and construction
sources, and would not be dominated by
rural windblown dust and soils and PM
generated by agricultural and mining
sources. Related new PM10–2.5 data
handling conventions and a new
reference method for monitoring PM as
PM10–2.5 were also proposed. The
Administrator also proposed to revoke
and not replace the annual PM10
standard.
With regard to the secondary PM2.5
and PM10 standards, the Administrator
proposed to revise the current standards
by making them identical in all respects
to the proposed primary PM2.5 and
PM10–2.5 standards to address PM-related
welfare effects including visibility
impairment, effects on vegetation and
ecosystems, materials damage and
soiling, and effects on climate change.
F. Organization and Approach to Final
PM NAAQS Decisions
This action presents the
Administrator’s final decisions on the
review of the current primary and
secondary PM2.5 and PM10 standards.
Primary standards for fine particles and
for thoracic coarse particles are
addressed below in sections II and III,
respectively. Consistent with the
decisions made by EPA in the last
review and with the conclusions in the
Criteria Document and Staff Paper, fine
and thoracic coarse particles continue to
be considered as separate subclasses of
PM pollution. Secondary standards for
fine and thoracic coarse particles are
addressed below in section IV. Related
data handling conventions and federal
reference methods for monitoring PM
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are addressed below in sections V and
VI, respectively.
Today’s final decisions separately
addressing fine and thoracic coarse
particles are based on a thorough review
in the Criteria Document of scientific
information on known and potential
human health and welfare effects
associated with exposure to these
subclasses of PM at levels typically
found in the ambient air. These final
decisions also take into account: (1)
Staff assessments in the Staff Paper of
the most policy-relevant information in
the Criteria Document as well as a
quantitative risk assessment based on
that information; (2) CASAC advice and
recommendations, as reflected in its
letters to the Administrator, its
discussions of drafts of the Criteria
Document and Staff Paper at public
meetings, and separate written
comments prepared by individual
members of the CASAC PM Review
Panel 6 (henceforth, ‘‘CASAC Panel’’);
(3) public comments received during the
development of these documents, either
in connection with CASAC meetings or
separately; and (4) extensive public
comments received on the proposed
rulemaking.
II. Rationale for Final Decisions on
Primary PM2.5 Standards
A. Introduction
1. Overview
This section presents the
Administrator’s final decisions
regarding the need to revise the current
primary PM2.5 NAAQS, and, more
specifically, regarding revisions to the
level of the 24-hour standard and to the
form of the annual standard. As
discussed more fully below, the
rationale for the final decision on
appropriate revisions to the primary
PM2.5 NAAQS includes consideration
of: (1) Evidence of health effects related
to short- and long-term exposures to fine
particles; (2) insights gained from a
quantitative risk assessment; and (3)
specific conclusions regarding the need
for revisions to the current standards
and the elements of PM2.5 standards
(i.e., indicator, averaging time, form,
and level) that, taken together, are
requisite to protect public health with
an adequate margin of safety.
In developing this rationale, EPA has
drawn upon an integrative synthesis of
the entire body of evidence on
associations between exposure to
6 The CASAC PM Review Panel is comprised of
the seven members of the chartered CASAC,
supplemented by fifteen subject-matter experts
appointed by the Administrator to provide
additional scientific expertise relevant to this
review of the PM NAAQS.
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ambient fine particles and a broad range
of health endpoints (EPA, 2004a,
Chapter 9), focusing on those health
endpoints for which the Criteria
Document concluded that the
associations are likely to be causal. This
body of evidence includes hundreds of
studies conducted in many countries
around the world, using various
indicators of fine particles. In its
assessment of the evidence judged to be
most relevant to decisions on elements
of the primary PM2.5 standards, EPA has
placed greater weight on U.S. and
Canadian studies using PM2.5
measurements, since studies conducted
in other countries may well reflect
different demographic and air pollution
characteristics.
As with virtually any policy-relevant
scientific research, there is uncertainty
in the characterization of health effects
attributable to exposure to ambient fine
particles, most generally with regard to
whether observed associations are likely
causal in nature and, if so, whether
there are exposure levels below which
such associations are no longer likely.
As discussed below, an unprecedented
amount of new research has been
conducted since the last review, with
important new information coming from
epidemiologic, toxicologic, controlled
human exposure, and dosimetric
studies. Moreover, the newly available
research studies evaluated in the
Criteria Document have undergone
intensive scrutiny through multiple
layers of peer review, with extended
opportunities for review and comment
by CASAC and the public. While
important uncertainties remain, the
review of the health effects information
has been extensive and deliberate. In the
judgment of the Administrator, this
intensive evaluation of the scientific
evidence provides an adequate basis for
regulatory decision making at this time.
This review also provides important
input to EPA’s research plan for
improving our future understanding of
the relationships between exposures to
ambient fine particles and health effects.
The health effects information and
quantitative risk assessment were
summarized in sections II.A and II.B of
the proposal (71 FR 2626–2641) and are
only briefly outlined below in sections
II.A.2 and II.A.3. Subsequent sections of
this preamble provide a more complete
discussion of the Administrator’s
rationale, in light of key issues raised in
public comments, for concluding that it
is appropriate to revise the current
primary PM2.5 standards (section II.B),
as well as a more complete discussion
of the Administrator’s rationale for
retaining or revising the specific
elements of the primary PM2.5
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standards, namely the indicator (section
II.C); averaging time (section II.D); form
(section II.E); and level (section II.F). A
summary of the final decisions on
revisions to the primary PM2.5 standards
is presented in section II.G.
2. Overview of Heath Effects Evidence
This section briefly outlines the
information presented in Section II.A of
the proposal on the health effects
associated with exposure to fine
particles. As was true in the last review,
evidence from epidemiologic studies
plays a key role in the Criteria
Document’s evaluation of the scientific
evidence. Some highlights of the new
epidemiologic evidence available since
the last review include:
(1) New multi-city studies that use
uniform methodologies to investigate
the effects of various indicators of PM
on health with data from multiple
locations with varying climate and air
pollution mixes, contributing to
increased understanding of the role of
various potential confounders,
including gaseous co-pollutants, on
observed associations with fine
particles. These studies provide more
precise estimates of the magnitude of an
effect of exposure to PM, including fine
particles, than most smaller-scale
individual city studies.
(2) More studies of various health
endpoints evaluating associations
between effects and exposures to fine
particles and thoracic coarse particles
(discussed below in section III), as well
as ultrafine particles or specific
components (e.g., sulfates, nitrates,
metals, organic compounds, and
elemental carbon) of fine particles.
(3) Numerous studies of
cardiovascular endpoints, with
particular emphasis on assessment of
cardiovascular risk factors or
physiological changes.
(4) Studies relating population
exposure to fine particles and other
pollutants measured at centrally located
monitors to estimates of exposure to
ambient pollutants at the individual
level. Such studies have led to a better
understanding of the relationship
between ambient fine particle levels and
personal exposures to fine particles of
ambient origin.
(5) New statistical approaches to
addressing issues related to potential
confounding by gaseous co-pollutants,
possible thresholds for effects, and
measurement error and exposure
misclassification.7
7 ‘‘Confounding’’ occurs when a health effect that
is caused by one risk factor is attributed to another
variable that is correlated with the causal risk
factor; epidemiologic analyses attempt to adjust or
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(6) Efforts to evaluate the effects of
fine particles from different sources
(e.g., motor vehicles, coal combustion,
vegetative burning, crustal 8), using
factor analysis or source apportionment
methods with fine particle speciation
data.
(7) New ‘‘intervention studies’’
providing evidence for improvements in
respiratory or cardiovascular health
with reductions in ambient
concentrations of particles and gaseous
co-pollutants.
In addition, the body of evidence on
PM-related effects has greatly expanded
since the last review with findings from
studies of potential mechanisms or
pathways by which particles may result
in the effects identified in the
epidemiologic studies. These studies
include important new dosimetry,
toxicologic and controlled human
exposure studies, as highlighted below.
(8) Animal and controlled human
exposure studies using concentrated
ambient particles (CAPs), new
indicators of response (e.g., C-reactive
protein and cytokine levels, heart rate
variability), and animal models
simulating sensitive human
subpopulations. The results of these
studies are relevant to evaluation of
plausibility of the epidemiologic
evidence and provide insights into
potential mechanisms for PM-related
effects.
(9) Dosimetry studies using new
modeling methods that provide
increased understanding of the
dosimetry of different particle size
classes and in members of potentially
sensitive subpopulations, such as
people with chronic respiratory disease.
Section II.A of the proposal provides
a detailed summary of key information
contained in the Criteria Document
(EPA, 2004a, Chapters 6–9), and in the
Staff Paper (EPA, 2005, Chapter 3), on
the known and potential effects
associated with exposure to fine
particles including information on
specific constituents and information on
the effects of fine particles in
combination with other pollutants that
are routinely present in the ambient air
control for potential confounders (EPA, 2004a,
section 8.1.3.2; EPA, 2005, section 3.6.4). A
‘‘threshold’’ is a concentration below which it is
expected that effects are not observed (EPA, 2004a,
section 8.4.7; EPA, 2005, section 3.6.6). ‘‘Gaseous
co-pollutants’’ generally refer to other commonlyoccurring air pollutants, specifically O3, CO, SO2
and NO2. ‘‘Measurement error’’ refers to uncertainty
in the air quality measurements, while ‘‘exposure
misclassification’’ includes uncertainty in the use of
ambient pollutant measurements in characterizing
population exposures to PM (EPA, 2004a, section
8.4.5; EPA, 2005, section 3.6.2)
8 ‘‘Crustal’’ is used here to describe particles of
geologic origin, which can be found in both fineand coarse-fraction PM.
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(71 FR 2626–2637). The information
highlighted there summarizes:
(1) Multiple biologic mechanisms that
may be responsible for morbidity/
mortality effects associated with
exposure to ambient fine particles,
including potential mechanisms or
pathways related to direct effects on the
respiratory system, systemic effects that
are secondary to effects in the
respiratory system including
cardiovascular effects, or direct
cardiovascular effects.
(2) The nature of the effects that have
been reported to be associated with fine
particle exposures including premature
mortality, aggravation of respiratory and
cardiovascular disease (as indicated by
increased hospital admissions and
emergency department visits), changes
in lung function and increased
respiratory symptoms, as well as new
evidence for more subtle indicators of
cardiovascular health.
(3) An integrated evaluation of the
health effects evidence, with emphasis
on key issues raised in interpreting
epidemiological studies, along with
supporting evidence from experimental
(e.g., dosimetric and toxicologic)
studies.
(4) Sensitive or vulnerable
subpopulations that appear to be at
greater risk to such effects, including
individuals with pre-existing heart and
lung diseases, older adults, and
children.
(5) Conclusions, based on the
magnitude of these subpopulations and
risks identified in health studies, that
exposure to ambient fine particles can
have substantial public health impacts.
3. Overview of Quantitative Risk
Assessment
In addition to a comprehensive
evaluation of the health effects evidence
available in this review, EPA conducted
a quantitative health risk assessment for
selected health effects to provide
additional information and insights that
can help inform decision making on the
NAAQS, while recognizing the
limitations of such an assessment.9 As
discussed in section II.B of the proposal,
the approach used to develop
quantitative risk estimates associated
with exposures to PM2.5 was built upon
the more limited risk assessment
conducted during the last review (61 FR
65650). The expanded and updated
assessment conducted in this review
included estimates of risks of mortality
(total non-accidental, cardiovascular,
9 The EPA continues to support the development
and application of risk assessment methods with
the goal of improving the characterization of risks
and the communication of uncertainties in such
risk estimates.
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and respiratory), morbidity (hospital
admissions for cardiovascular and
respiratory causes), and respiratory
symptoms (not requiring
hospitalization) associated with recent
short-term (daily) ambient PM2.5 levels
and risks of total, cardiopulmonary, and
lung cancer mortality associated with
long-term exposure to PM2.5 in a number
of example urban areas.10
The EPA recognized that there were
many sources of uncertainty and
variability inherent in the inputs to this
assessment and that there was a high
degree of uncertainty in the resulting
PM2.5 risk estimates. Such uncertainties
generally relate to a lack of clear
understanding of a number of important
factors, including, for example, the
shape of concentration-response
functions, particularly when, as here,
effect thresholds can neither be
discerned nor determined not to exist;
issues related to selection of appropriate
statistical models for the analysis of the
epidemiologic data; the role of
potentially confounding and modifying
factors in the concentration-response
relationships; issues related to
simulating how PM2.5 air quality
distributions will likely change in any
given area upon attaining a particular
standard, since strategies to reduce
emissions are not yet defined; and
whether there would be differential
reductions in the many components
within PM2.5 and, if so, whether this
would result in differential reductions
in risk. While some of these
uncertainties were addressed
quantitatively in the form of estimated
confidence ranges around central risk
estimates, other uncertainties and the
variability in key inputs were not
reflected in these confidence ranges, but
rather were addressed through separate
sensitivity analyses or characterized
qualitatively.
The concentration-response
relationships used in the assessment
were based on findings from human
epidemiological studies that relied on
fixed-site, population-oriented, ambient
monitors as a surrogate for actual
ambient PM2.5 exposures. The risk
assessment included a series of base
case estimates that, for example,
included various cutpoints intended as
surrogates for alternative assumed
population thresholds. In its review of
10 The risk assessment was discussed in the Staff
Paper (EPA, 2005, chapter 4) and presented more
fully in a technical support document, Particulate
Matter Health Risk Assessment for Selected Urban
Areas (Abt Associates, 2005). The assessment scope
and methodology were developed with
considerable input from the CASAC Panel and the
public, with CASAC concluding that the general
assessment methodology and framework were
appropriate (Hopke, 2002).
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the Staff Paper and risk assessment, the
CASAC Panel commented that for the
purpose of estimating public health
impacts, it ‘‘favored the primary use of
an assumed threshold of 10 µg/m3 ’’ and
that ‘‘a major research need is for more
work to determine the existence and
level of any thresholds that may exist or
the shape of nonlinear concentrationresponse curves at low levels of
exposure that may exist’’ (Henderson,
2005a). Other uncertainties were
addressed in various sensitivity
analyses (e.g., the use of single-versus
multi-pollutant models, use of singleversus multi-city models, use of a
distributed lag model) and had a more
moderate and often variable impact on
the risk estimates in some or all of the
cities.
Key observations and insights from
the PM2.5 risk assessment, together with
important caveats and limitations, were
discussed in section II.B of the proposal.
In general, estimated risk reductions
associated with going from just meeting
the current suite of PM2.5 standards to
just meeting alternative suites of annual
and 24-hour standards for all the
various assumed cutpoints show
patterns of increasing estimated risk
reductions as either the annual or 24hour standard, or both, were reduced
over the range considered in this
assessment, and the estimated
percentage reductions in risk were
strongly influenced by the assumed
cutpoint level (see EPA, 2005, Figures
5–1, 5–2, 5A–1, and 5A–2). In
comparing the risk estimates for the
only two specific locations that were
included in both the prior and current
assessments, the magnitude of the
estimates associated with just meeting
the current annual standard, in terms of
percentage of total incidence, were very
similar for mortality associated with
long-term exposures. Current risk
estimates for just meeting the current
suite of PM2.5 standards were similar in
one of the locations (Philadelphia) and
somewhat lower in the other location
(Los Angeles) for mortality associated
with short-term exposures.
B. Need for Revision of the Current
Primary PM2.5 Standards
1. Introduction
The initial issue to be addressed in
the current review of the primary PM2.5
standards is whether, in view of the
advances in scientific knowledge
reflected in the Criteria Document and
Staff Paper, the existing standards
should be revised. As discussed in
section II.A of the proposal (71 FR
2625–2637), the Staff Paper concluded,
based on the information and
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conclusions presented in the Criteria
Document, that while important
uncertainties and research questions
remain, much progress has been made
since the last review in reducing some
key uncertainties related to our
understanding of the scientific
evidence. The newly available
information generally reinforces and
provides increased confidence in the
likely causal nature of the associations
between short- and long-term exposure
to PM2.5 and mortality and morbidity
effects observed in the last review, and
provides additional information to
inform judgments as to the extent to
which such associations likely remain at
lower exposure levels within the range
of ambient air quality.
The examination of short- and longterm exposures to specific components,
properties, and sources of fine particles
and mixtures of fine particles with
gaseous co-pollutants that are linked
with health effects, and the biological
mechanisms underlying the observed
linkages, remain important research
needs. Other important research needs
include better characterizing the shape
of concentration-response functions,
including identification of potential
threshold levels, and methodological
issues such as those associated with
selecting appropriate statistical models
in time-series studies to address timevarying factors (such as weather) and
other factors (such as other pollution
variables), and better characterizing
population exposures.
Nonetheless, important progress has
been made in advancing our
understanding of potential mechanisms
by which ambient PM2.5, alone and in
combination with other pollutants, is
causally linked with cardiovascular,
respiratory, and lung cancer
associations observed in epidemiologic
studies. Due to reanalyses and
extensions of key long-term exposure
studies, there is now greater confidence
in the causal nature of associations with
long-term exposures to fine particles
than in the last review. There is also an
increased understanding of the
populations that are the most
susceptible to PM2.5-related effects. In
addition, health effect associations
reported in epidemiologic studies have
been found to be generally robust to
confounding by co-pollutants,
especially for the more numerous shortterm exposure studies. Further, while
groups of commenters had differing
views on the extent to which, if at all,
newly available evidence increases
confidence in associations between
PM2.5 and mortality and morbidity
effects, and on the extent of progress
that has been made in reducing
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uncertainties since the last review,
virtually no commenters argued for any
relaxation of the current PM2.5
standards. Based on these
considerations, EPA finds that overall
the available evidence has increased the
scientific basis supporting the health
impacts of exposure to PM2.5, and not
lessened it, providing clear support for
fine particle standards that are at least
as protective as the current PM2.5
standards.
Having reached this initial
conclusion, EPA addresses the question
whether the available evidence supports
consideration of standards that are more
protective than the current PM2.5
standards. In considering this question,
EPA first notes that the current
standards were set as a suite that
together would most effectively and
efficiently protect the public against
health effects related to both short- and
long-term exposures to fine particles (62
FR at 38669). In so doing, the Agency
set the annual standard to be the
‘‘generally controlling’’ standard for
lowering both short- and long-term
PM2.5 concentrations. In conjunction
with such an annual standard, the
current 24-hour standard was set to
provide only supplemental protection
against days with high peak PM2.5
concentrations, localized ‘‘hotspots,’’ or
risks arising from seasonal emissions
that might not be well controlled by a
national annual standard. As discussed
below in section II.F, in considering
what evidence to use as the basis for the
1997 annual standard, EPA placed
greater emphasis on the short-term
exposure studies, which were judged to
be the strongest evidence at that time.
The long-term exposure studies
available at that time provided only
supporting evidence for the annual
standard, which was set primarily based
on short-term exposure studies.
In addressing the question whether
the evidence now available in this
review supports consideration of
standards that are more protective than
the current PM2.5 standards, the Staff
Paper considered whether (1)
statistically significant health effects
associations with short-term exposures
to fine particles occur in areas that
would likely meet the current PM2.5
standards, or (2) associations with longterm exposures to fine particles extend
down to lower air quality levels than
had previously been observed.11
11 In addressing this question, the Criteria
Document had recognized that although there are
likely biologic threshold levels in individuals for
specific health responses, the available
epidemiologic evidence neither supports nor refutes
the existence of thresholds at the population level
for the effects of PM2.5 on mortality across the range
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In considering the available
epidemiologic evidence in this review
to address the question of whether more
protective standards should be
considered, the Staff Paper took a
broader approach than was used in the
last review. This approach reflects the
more extensive and stronger body of
evidence now available on health effects
related to both short- and long-term
exposure to PM2.5, and places relatively
greater emphasis on evidence from longterm exposure studies than was done in
the last review. As discussed below in
section II.F, this broader approach was
used at the time of proposal to consider
the much expanded body of evidence
from short-term exposure studies as the
principal basis for setting the 24-hour
standard to protect against health effects
associated with short-term exposures to
PM2.5, and to consider the stronger and
more robust body of evidence from longterm exposure PM2.5 studies as the
principal basis for setting the annual
standard to protect against health effects
associated with long-term exposures to
PM2.5.
In first considering whether areas in
which short-term exposure studies have
been conducted would likely meet the
current PM2.5 standards, the focus is
principally on comparing the long-term
average PM2.5 concentration in a study
area with the level of the current
‘‘generally controlling’’ annual PM2.5
standard. In considering the available
epidemiologic evidence related to shortterm exposures, the Staff Paper focused
on specific epidemiologic studies that
show statistically significant
associations between PM2.5 and health
effects for which the Criteria Document
judged associations with PM2.5 to be
likely causal (EPA, 2005, section
5.3.1.1). Many more U.S. and Canadian
studies are now available that provide
evidence of associations between shortterm exposure to PM2.5 and serious
health effects in areas with air quality at
and above the level of the current
annual PM2.5 standard (15 µg/m3).
Moreover, a few newly available shortterm exposure mortality studies provide
evidence of statistically significant
associations with PM2.5 in areas with air
quality levels below the levels of the
current PM2.5 standards. In considering
these studies, the Staff Paper focused on
those that include adequate gravimetric
PM2.5 mass measurements, and noted
where the associations are generally
robust to alternative model specification
and to the inclusion of potentially
confounding co-pollutants. Three
of concentrations in the studies, for either long-term
or short-term PM2.5 exposures (EPA, 2004a, section
9.2.2.5).
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studies, conducted in Phoenix (Mar et
al., 2003), Santa Clara County, CA
(Fairley, 2003) and eight Canadian cities
(Burnett and Goldberg, 2003), report
statistically significant associations
between short-term PM2.5 exposure and
total or cardiovascular mortality in areas
in which long-term average PM2.5
concentrations ranged between 13 and
14 µg/m3 and 98th percentile 24-hour
concentrations ranged between 32 and
59 µg/m3.12
In also considering the new
epidemiologic evidence available from
U.S. and Canadian studies of long-term
exposure to fine particles, the Criteria
Document noted that new studies have
built upon studies available in the last
review and concluded that these studies
have confirmed and strengthened the
evidence of associations for both
mortality and respiratory morbidity
(EPA, 2004a, section 9.2.3). For
mortality, the Criteria Document placed
greatest weight on the reanalyses and
extensions of the Six Cities and ACS
studies, finding that these studies
provide strong evidence for associations
with fine particles (EPA, 2004a, p. 9–
34), notwithstanding the lack of
consistent results in other long-term
exposure studies. For morbidity, the
Criteria Document found that new
studies of a cohort of children in
Southern California have built upon
earlier limited evidence to provide fairly
strong evidence that long-term exposure
to fine particles is associated with
development of chronic respiratory
disease and reduced lung function
growth (EPA, 2004a, pp. 9–33 to 9–34).
In addition to strengthening the
evidence of association, the new
extended ACS mortality study (Pope et
al., 2002) observed statistically
significant associations with
cardiorespiratory mortality (including
lung cancer mortality) across a range of
long-term mean PM2.5 concentrations
that was lower than was reported in the
original ACS study available in the last
review.
12 As noted in the Staff Paper, these studies were
reanalyzed to address questions about the
application of the statistical software used in the
original analyses, and the study results from
Phoenix and Santa Clara County were little changed
in alternative models (Mar et al., 2003; Fairley,
2003), although Burnett and Goldberg (2003)
reported that their results were sensitive to using
different temporal smoothing methods. Two of
these studies also reported significant associations
with gaseous pollutants (Mar et al., 2003; Fairley,
2003), and one of these studies included multipollutant model results in reanalyses, reporting that
associations with PM2.5 remained significant with
gaseous pollutants (Fairley, 2003). The 98th
percentile 24-hour concentrations were
approximately 59 µg/m3 in Fairley et al. (2003), 39
µg/m3 in Burnett and Goldberg (2003), and 32 µg/
m3 in Mar et al. (2003).
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Beyond the epidemiologic studies
using PM2.5 as an indicator of fine
particles, a large body of newly
available evidence from studies that
used PM10 in areas where fine particles
would likely dominate this
measurement, as well as other
indicators or components of fine
particles (e.g., sulfates, combustionrelated components), provides
additional support for the conclusions
reached in the last review as to the
likely causal role of ambient PM, and
the likely importance of fine particles in
contributing to observed health effects.
Such studies notably include new
multi-city studies, intervention studies
(that relate reductions in ambient PM to
observed improvements in respiratory
or cardiovascular health), and sourceoriented studies (e.g., suggesting
associations with combustion- and
vehicle-related sources of fine particles).
The Criteria Document also noted that
new epidemiologic studies of asthmarelated increased physician visits and
symptoms, as well as new studies of
cardiac-related risk factors, suggest
likely much larger public health impacts
due to ambient fine particles than just
those indexed by the mortality and
morbidity effects considered in the last
review (EPA, 2004a, p. 9–94).
In reviewing this information, the
Staff Paper recognized that important
limitations and uncertainties associated
with this expanded body of evidence for
PM2.5 and other indicators or
components of fine particles need to be
carefully considered in determining the
weight to be placed on the body of
studies available in this review. For
example, the Criteria Document noted
that although PM-effects associations
continue to be observed across most
new studies, the newer findings do not
fully resolve the extent to which the
associations are properly attributed to
PM acting alone or in combination with
other gaseous co-pollutants or to the
gaseous co-pollutants themselves. The
Criteria Document concluded, however,
that overall the newly available
epidemiologic evidence, especially for
the more numerous short-term exposure
studies, substantiates that associations
for various PM indicators with mortality
and morbidity are robust to confounding
by co-pollutants (EPA, 2004a, p. 9–37).
While the limitations and
uncertainties in the available evidence
suggest caution in interpreting the
epidemiologic studies at the lower
levels of air quality observed in the
studies, the Staff Paper concluded that
the evidence now available provides
strong support for considering fine
particle standards that would provide
increased protection beyond that
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afforded by the current PM2.5 standards.
The Staff Paper noted that a more
protective suite of PM2.5 standards
would reflect the generally stronger and
broader body of evidence of associations
with mortality and morbidity now
available in this review, both in shortterm exposue studies at levels below the
current standards and in long-term
exposure studies that extend to lower
levels of air quality than in earlier
studies, as well as increased
understanding of possible underlying
mechanisms.
In addition to this evidence-based
evaluation, the Staff Paper also
considered the extent to which health
risks estimated to occur upon
attainment of the current PM2.5
standards may be judged to be
important from a public health
perspective, taking into account key
uncertainties associated with the
quantitative health risk estimates, noted
above in section II.A.3. In so doing, the
Staff Paper first noted that the risk
assessment addressed several key
uncertainties through various base case
analyses, as well as through sensitivity
analyses, as noted above in section
II.A.3 and discussed in section II.B of
the proposal (71 FR 2637–2641). In
considering the health risks estimated to
occur upon attainment of the current
PM2.5 standards, the Staff Paper focused
in particular on a series of base case risk
estimates, while recognizing that the
confidence ranges in the selected base
case estimates do not reflect all the
identified uncertainties. These risks
were estimated using not only the linear
or log-linear concentration-response
functions reported in the studies,13 but
also using alternative modified linear
functions as surrogates for assumed
non-linear functions that would reflect
the possibility that thresholds may exist
in the reported associations within the
range of air quality observed in the
studies. Regardless of the relative
weight placed on the risk estimates
associated with the concentrationresponse functions reported in the
studies or with the modified functions
favored by CASAC (discussed above in
section II.A.3), the risk assessment
indicated the possibility that thousands
of premature deaths per year would
occur in urban areas across the U.S.
upon attainment of the current PM2.5
13 As noted in section II.B of the proposal, the
reported linear or log-linear concentration-response
functions were applied down to 7.5 µg/m3 in
estimating risk associated with long-term exposure
(i.e., the lowest measured level in the extended ACS
study), and down to the estimated policy-relevant
background level in estimating risk associated with
short-term exposure (i.e., 3.5 µg/m3 for eastern
urban areas and 2.5 µg/m3 for western urban areas).
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standards.14 Beyond the estimated
incidences of premature mortality, the
Staff Paper also recognized that
similarly substantial numbers of
incidences of hospital admissions,
emergency room visits, aggravation of
asthma and other respiratory symptoms,
and increased cardiac-related risk are
also likely in many urban areas, based
on risk assessment results (EPA, 2005,
Chapter 4) and on the discussion related
to this ‘‘pyramid of effects’’ in the
Criteria Document (EPA, 2004a, section
9.2.5). Based on these considerations,
the Staff Paper concluded that the
estimates of risks likely to remain upon
attainment of the current PM2.5
standards are indicative of risks that can
reasonably be judged to be important
from a public health perspective (EPA,
2005, section 5.3.1.).
In considering available evidence, risk
estimates, and related limitations and
uncertainties, the Staff Paper concluded
that the available information clearly
calls into question the adequacy of the
current suite of PM2.5 standards and
provides strong support for revising the
current suite of PM2.5 standards to
provide increased public health
protection. Also, taking into account
these considerations, the CASAC
advised the Administrator that a
majority of CASAC Panel members were
in agreement that the primary 24-hour
and annual PM2.5 standards ‘‘should be
modified to provide increased public
health protection’’ (Henderson, 2005a).
The CASAC further advised that
changes to either the annual standard or
the 24-hour standard, or both, could be
recommended, and expressed reasons
that formed the basis for the consensus
among the Panel members for placing
more emphasis on lowering the 24-hour
standard (Henderson, 2005a).15
At the time of proposal, in
considering whether the suite of PM2.5
standards should be revised to provide
requisite public health protection, the
Administrator carefully considered the
rationale and recommendations
contained in the Staff Paper, the advice
and recommendations from CASAC,
and public comments to date on this
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14 The
Staff Paper recognized how highly
dependent any specific risk estimates are on the
assumed shape of the underlying concentrationresponse functions, noting nonetheless that
mortality risks are not completely eliminated when
current PM2.5 standards are met in a number of
example urban areas even using the highest
assumed cutpoint levels considered in the risk
assessment (EPA, 2005, p. 5–15).
15 Of the individual Panel members who
submitted written comments expressing views on
appropriate levels of the PM2.5 standards, only one
did not support changes to either the 24-hour or
annual standard to provide additional public health
protection (Henderson, 2005a).
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issue. In so doing, the Administrator
placed primary consideration on the
evidence obtained from the studies, and
provisionally found the evidence of
serious health effects reported in shortterm exposure studies conducted in
areas that would attain the current
standards to be compelling, especially
in light of the extent to which such
studies are part of an overall pattern of
positive and frequently statistically
significant associations across a broad
range of studies that collectively
represent a strong and robust body of
evidence. As discussed in the Criteria
Document and Staff Paper, the
Administrator recognized that much
progress has been made since the last
review in addressing some of the key
uncertainties that were important
considerations in establishing the
current suite of PM2.5 standards. For
example, progress made since the last
review provides increased confidence in
the long-term exposure studies as a
basis for considering whether any
revision of the annual standard is
appropriate and increased confidence in
the short-term exposure studies as a
basis for considering whether any
revision of the 24-hour standard is
appropriate.16 In considering the risk
assessment presented in the Staff Paper,
the Administrator noted that the
assessment contained a sensitivity
analysis but not a formal uncertainty
analysis, making it difficult to use the
risk assessment to form a judgment of
the probability of various risk estimates.
Instead, the Administrator viewed the
risk assessment in light of his evaluation
of the underlying studies. Seen in this
light, the risk assessment informs the
determination of the public health
significance of risks to the extent that
the evidence is judged to support an
effect at a particular level of air quality.
Based on these considerations, the
Administrator provisionally concluded
that the current PM2.5 standards, taken
together, are not requisite to protect
public health with an adequate margin
of safety and that revision is needed to
provide increased public health
protection.
2. Comments on the Need for Revision
General comments based on relevant
factors that either support or oppose any
change to the current suite of PM2.5
16 The
EPA notes that this increased confidence
in the long- and short-term associations generally
reflects less uncertainty as to the likely causal
nature of such associations, but does not address
directly the question of the extent to which such
associations remain toward the lower end of the
range of ambient PM2.5 concentrations. This
question is central to the Agency’s evaluation of the
relevant evidence to determine appropriate
standards levels, as discussed below in section II.F.
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primary standards are addressed in this
section. Comments on specific shortand long-term exposure studies that
relate to consideration of the
appropriate levels of the 24-hour and
annual PM2.5 standards are addressed
below in sections II.F.1 and II.F.2,
respectively. General comments based
on implementation-related factors that
are not a permissible basis for
considering the need to revise the
current standards are addressed in the
Response to Comments document.
Many public comments received on
the proposal asserted that the current
PM2.5 standards are insufficient to
protect public health with an adequate
margin of safety and revisions to the
standards are appropriate. Among those
calling for revisions to the current
standards are medical groups, including
the American Medical Association, the
American Thoracic Society, the
American Academy of Pediatrics, and
the American College of Cardiology, as
well as medical doctors and academic
researchers. For example, the American
Medical Association stated that PM air
pollution is ‘‘a national public health
problem’’ and supported more stringent
standards based on studies that provide
evidence of associations between PM2.5
and serious health effects in areas with
PM2.5 concentrations that are below the
1997 standards. Other medical
associations offered the following views
in support of more protective standards:
As professional organizations that represent
physicians treating patients with diseases
either caused by or exacerbated by air
pollution, we are keenly aware of the impact
air quality has on the individual health of our
patients. As such we are committed to
supporting a standard for PM that is
protective of the health of vulnerable
populations including children, seniors and
patients with respiratory and cardiac
conditions * * *. In short, a significant body
of research has described potential
mechanisms for and the range of health
effects caused by PM air pollution. The
undersigned physician organizations find the
body of scientific evidence to be rigorous,
comprehensive and compelling enough to
justify a significant tightening of the existing
NAAQS PM standards. [American Thoracic
Society et al.]
In a letter signed from environmental
health researchers and physicians,
similar conclusions were drawn:
More than 2,000 peer-reviewed studies have
been published since 1996 * * *. These
studies, as discussed and interpreted in the
2004 EPA Criteria Document, validate earlier
epidemiologic studies linking both acute and
chronic fine particle pollution with serious
morbidity and mortality. The newer research
has also expanded the list of health effects
associated with PM, and has identified health
effects at lower exposure levels than
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previously reported. In fact, the science is
now sufficiently strong that it is appropriate
to conclude that PM2.5 is causally associated
with numerous adverse health effects in
humans, at exposure levels far below the
current standards. [Schwartz et al., 2005]
Similar conclusions were also reached
in comments by many national, state,
and local public health organizations,
including, for example, the American
Lung Association, the American Heart
Association, the American Cancer
Society, the American Public Health
Association, and the National
Association of Local Boards of Health,
as well as in letters to the Administrator
from EPA’s advisory panel on children’s
environmental health (Children’s Health
Protection Advisory Committee, 2005,
2006). All of these medical and public
health commenters stated that the
current PM2.5 standards need to be
revised, and that even more protective
standards than those proposed by EPA
are needed to protect the health of
sensitive population groups. Many
individual commenters also expressed
such views.
State and local air pollution control
authorities who commented on the
PM2.5 standards supported revision of
the suite of current PM2.5 standards, as
did the National Tribal Air Association.
The State and Territorial Air Pollution
Program Administrators and the
Association of Local Air Pollution
Control Officials (STAPPA/ALAPCO)
urged that EPA revise the PM2.5
standards in accordance with the
recommendations of CASAC. Each of
the individual State environmental/
public health agencies that commented
on the PM2.5 standards supported
revisions to the current standards, with
most supporting standards consistent
with CASAC’s recommendations. The
Northeast States for Coordinated Air
Use Management (NESCAUM) argued
for even more stringent revisions to the
standards.
The commenters noted above
primarily based their views on the body
of evidence assessed in the Criteria
Document, finding it to be stronger and
more compelling than in the last review.
These commenters generally placed
much weight on CASAC’s interpretation
of the body of available evidence and
the results of EPA’s risk assessment,
both of which formed the basis for
CASAC’s recommendation to revise the
PM2.5 standards to provide increased
public health protection was based.
Some of these commenters
specifically mentioned the independent
reanalysis of the original ACS and Six
Cities long-term exposure studies
conducted by HEI (Krewski et al., 2000)
that concluded that the original data
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were of high quality, the original results
could be fully replicated, and the results
were robust to alternative model
specifications. Some also mentioned the
ACS extended study (Pope et al., 2002)
and the Southern California children’s
cohort study (Gauderman et al., 2002) as
providing evidence of mortality and
morbidity effects associated with longterm exposures to PM2.5 at lower levels
than had previously been studied. A
number of short-term exposure studies
were also cited by some of these
commenters as providing evidence of
mortality and morbidity effects at levels
well below the level of the current 24hour PM2.5 standard. In addition, many
of these commenters generally
concluded that progress had been made
in reducing many of the uncertainties
identified in the last review and in
better understanding mechanisms by
which PM2.5 may be causing the
observed health effects.
Some of these commenters also noted
the results of EPA’s risk assessment,
concluding that it showed that the risks
estimated to remain when the current
standards are met are large and
important from a public health
perspective and warrant increased
protection. Some of these commenters
expressed the view that PM2.5-related
risks are likely larger than those
estimated in EPA’s risk assessment, in
part because EPA based its risk
assessment on the ACS extended study
which had greater exposure
measurement error than other studies,
leading to an underestimate of the
relative risk, and because EPA
incorporated an assumed ‘‘cutpoint’’ in
its assessment that is not supported by
studies that find no evidence of a
threshold.
In general, all of these commenters
agreed on the importance of results from
the large body of scientific studies
reviewed in the Criteria Document and
on the need to revise the suite of PM2.5
standards as articulated in EPA’s
proposal, while generally differing with
EPA’s proposed judgments about the
extent to which the standards should be
revised based on this evidence. The EPA
generally agrees with these commenters’
conclusion regarding the need to revise
the current suite of PM2.5 standards. The
scientific evidence noted by these
commenters was generally the same as
that assessed in the Criteria Document
and the Staff Paper, and EPA agrees that
this evidence provides a basis for
concluding that the current PM2.5
standards, taken together, are not
adequately protective of public health.
For reasons discussed below in section
II.F, however, EPA disagrees with
aspects of these commenters’ views on
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the level of protection that is
appropriate and supported by the
available scientific information.
Some of these commenters also
identified ‘‘new’’ studies that were not
included in the Criteria Document as
providing further support for the need
to revise the PM2.5 standards. As
discussed above in section I.C, EPA
notes that, as in past NAAQS reviews,
the Agency is basing the final decisions
in this review on the studies and related
information included in the PM air
quality criteria that have undergone
CASAC and public review, and will
consider the newly published studies
for purposes of decision making in the
next PM NAAQS review. Nonetheless,
in provisionally evaluating commenters’
arguments (see Response to Comments
document), EPA notes that its
provisional assessment of ‘‘new’’
science found that such studies did not
materially change the conclusions in the
Criteria Document.
Another group of commenters
representing industry associations and
businesses opposed revising the current
PM2.5 standards. These views are most
extensively presented in comments from
the Utility Air Regulatory Group
(UARG), representing a group of electric
generating companies and organizations
and several national trade associations,
and from Pillsbury, Winthrop, Shaw
and Pittman (Pillsbury et al.) on behalf
of 19 industry and business associations
(including, for example, the Alliance of
Automobile Manufacturers, the
American Iron and Steel Institute, the
National Association of Manufacturers,
the American Petroleum Institute, and
the U.S. Chamber of Commerce).
These and other commenters in this
group generally mentioned many of the
same studies that were cited by the
commenters who supported revising the
standards, as well as other studies, but
highlighted different aspects of these
studies in reaching substantially
different conclusions about their
strength and the extent to which
progress has been made in reducing
uncertainties in the evidence since the
last review. These commenters generally
expressed the view that the current
standards provide the requisite degree
of public health protection. They then
considered whether the evidence that
has become available since the last
review has established a more certain
risk or a risk of effects that are
significantly different in character to
those that provided a basis for the
current standards, or whether the
evidence demonstrates that the risk to
public health upon attainment of the
current standards would be greater than
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was understood when EPA established
the current standards in 1997.
In supporting their view that the
present suite of primary PM2.5 standards
continues to provide the requisite
public health protection and should not
be revised, UARG and others generally
stated: (1) That the effects of concern
have not changed significantly since
1997; (2) that the uncertainties in the
underlying health science are as great or
greater than in 1997; (3) that the
estimated risk upon attainment of the
current PM2.5 standards has decreased
since 1997; and (4) that ‘‘new’’ studies
not included in the Criteria Document
continue to increase uncertainty about
possible health risks associated with
exposure to PM2.5. These comments are
discussed in turn below.
(1) In asserting that effects of concern
have not changed significantly since
1997, some of these commenters stated
that more subtle physiological changes
in the cardiovascular system are the
only type of new PM-related effect
identified in this review. They stated
that such subtle effects are far less
serious than the cardiovascular effects
such as aggravation of cardiovascular
disease that had been considered in the
last review. The EPA disagrees with the
assertion that subtle changes in the
cardiovascular system are the only type
of new PM-related effect identified in
this review. Further, EPA believes that
evidence of physiological changes in the
cardiovascular system is important in
that it increases confidence in
inferences about the causal nature of the
associations between fine particles and
cardiovascular-related mortality and
hospital admissions.
As discussed in the Criteria Document
(EPA, 2004a, p. 9–75), epidemiologic
studies published since the last review
have expanded upon and extended the
evidence examining possible links
between long-term exposures to fine
particles and increased risk of lung
cancer incidence and mortality, which
was considered to be insufficient to
support such a linkage in the last
review. In this review, however, the
epidemiologic evidence now available
‘‘support(s) an association between
long-term exposure to fine particles and
lung cancer mortality; and the new
toxicological studies provide credible
evidence for the biological plausibility
of these associations’’ (EPA, 2004a, p. 9–
76). More specifically, the Criteria
Document highlighted ‘‘the newer
results of the extension of the ACS
study analyses (that include more years
of participant follow-up and address
previous criticisms of the earlier ACS
analyses), which indicate that long-term
ambient PM exposures are associated
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with increased risk of lung cancer. That
increased risk appears to be in about the
same range as that seen for a nonsmoker
residing with a smoker, with any
consequent life-shortening due to lung
cancer’’ (EPA 2004a, p. 9–94).
In addition, as noted earlier, the
Criteria Document identified increased
nonhospital medical visits (physician
visits) and aggravation of asthma
associated with short-term exposure to
PM2.5 as being newly identified effects
since the last review, and concluded
that findings of such effects ‘‘suggest
likely much larger health impacts and
costs to society due to ambient PM than
just those indexed either by just hospital
admissions/visits and/or mortality.’’ Id.
Further, the Criteria Document (EPA,
2004a, p. 9–79) noted that there may be
PM-related health effects in infants and
children, although only very limited
evidence of such effects exists.
(2) In asserting that the uncertainties
in the underlying health science are as
great or greater than in 1997,
commenters in this group variously
discussed a number of issues including:
The lack of demonstrated mechanisms
by which PM2.5 may be causing
mortality and morbidity effects;
uncertainty in the shape of the
concentration-response functions; the
potential for co-pollutant confounding;
uncertainty in the role of individual
constituents of fine particles; and the
sensitivity of epidemiological results to
statistical model specification. Each of
these issues is addressed below. In
summary, these commenters concluded
that the substantial uncertainties
present in the last review have not been
resolved, that a previously unrecognized
sensitivity to model specification has
been newly identified, and/or that the
uncertainty about the possible health
risks associated with PM2.5 exposure has
not diminished. As discussed below,
although EPA agrees that important
uncertainties remain, and that future
research directed toward addressing
these uncertainties is warranted, EPA
believes that overall uncertainty about
possible health risks associated with
both short- and long-term PM2.5
exposure has diminished since the last
review. As noted above, the greater
confidence in short-term exposure
studies supports the Administrator’s
increased reliance on those studies as
the basis for the 24-hour standard, and
greater confidence in long-term
exposure studies supports the
Administrator’s increased reliance on
those studies as the basis for the annual
PM2.5.17
17 As noted above, this increased confidence in
the long- and short-term associations generally
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With regard to the issue of
mechanisms, these commenters noted
that although EPA recognizes that new
evidence is now available on potential
mechanisms and plausible biological
pathways, the evidence still does not
resolve all questions about how PM2.5 at
ambient levels could produce the effects
in question in this review. They further
assert that even if more recent
information has advanced our
understanding of such mechanisms, it
would not justify revision of the
standard. The EPA notes that in the last
review, the Agency considered the lack
of demonstrated biologic mechanisms
for the varying effects observed in
epidemiologic studies to be an
important caution in its integrated
assessment of the health evidence, upon
which the standards were based. Since
the last review, there has been a great
deal of research directed toward
advancing our understanding of biologic
mechanisms. While this research has
not resolved all questions, and further
research is warranted, it has provided
important insights as discussed in
section II.A.1 of the proposal (71 FR
2626–2627). As noted there, the findings
from this new research indicate that
different health responses are linked
with different particle characteristics
and that both individual components
and complex particle mixtures appear to
be responsible for many biologic
responses relevant to fine particle
exposures. The Criteria Document (EPA,
2004a, p. 7–206) concluded: ‘‘Thus,
there appear to be multiple biologic
mechanisms that may be responsible for
observed morbidity/mortality due to
exposure to ambient PM. It also appears
that many biological responses are
produced by PM whether it is composed
of a single component or a complex
mixture.’’ Further, EPA believes that
progress made in gaining insights into
potential mechanisms lends support to
the biologic plausibility of results
observed in epidemiologic studies (71
FR 2636). The mechanistic evidence
now available, taken together with
newly available epidemiologic
evidence, increases the Agency’s
confidence that observed associations
are causal in nature, such that the risks
of health effects attributed to short- and
long-term exposure to PM2.5, acting
alone and/or in combination with
gaseous co-pollutants, are now more
reflects less uncertainty as to the likely causal
nature of such associations, but does not address
directly the question of the extent to which such
associations remain toward the lower end of the
range of ambient PM2.5 concentrations. This
question is central to the Agency’s evaluation of the
relevant evidence to determine appropriate
standards levels, as discussed below in section II.F.
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certain than was understood in the last
review.
With regard to uncertainty in
concentration-response functions, these
commenters concluded that ‘‘because
the actual shape of this function
remains unknown, this uncertainty has
not been reduced since 1997’’ (UARG, p.
17). The EPA notes that, in contrast to
the last review when few studies had
quantitatively assessed the form of the
concentration-response function or the
potential for a threshold, several new
studies available in this review have
used different methods to examine this
question, and most have been unable to
detect threshold levels in time-series
mortality studies. The Criteria
Document (EPA, 2004a, p. 9–44)
recognized that in multi-city and most
single-city time-series studies, statistical
tests comparing linear and various
nonlinear or threshold models have not
shown statistically significant
distinctions between them; where
potential threshold levels have been
suggested in single-city studies, they are
at fairly low levels (Id. at p. 9–45).
Further, the shape of concentrationresponse functions for long-term
exposure to PM2.5 was evaluated using
data from the ACS cohort, with the HEI
reanalysis finding near-linear increasing
trends through the range of particle
levels observed in this study, and the
extended ACS study reporting that the
various mortality associations were not
significantly different from linear (71 FR
2635).18 However, EPA agrees that
uncertainties remain in our
understanding of the shape of
concentration-response functions, and,
consistent with the conclusion in the
Criteria Document, has concluded that
the available evidence does not either
support or refute the existence of
population thresholds for effects
associated with short- or long-term
exposures to PM across the range of
concentrations in the studies. Even
while recognizing that uncertainties
remain, EPA believes that our
understanding of this issue for both
short- and long-term exposure studies
has been advanced since the last review.
With regard to co-pollutant
confounding, these commenters asserted
that EPA has been ‘‘dismissive’’ of this
issue in assessing the epidemiologic
18 In assessing such uncertainties in this review
relative to the last review, EPA notes that in the last
review the level of uncertainty associated with
long-term exposure studies was such that they were
not relied on as the primary basis for the annual
standard. In the last review, relative risk estimates
from long-term exposure studies were deemed
‘‘highly uncertain’’ (62 FR 38668) and health effects
from long-term exposure were characterized as
‘‘potentially independent’’ (Id.) from those
associated with short-term exposure.
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evidence of associations between PM
and mortality and morbidity endpoints
(UARG, p. 18). These commenters
asserted that EPA has inappropriately
concluded that PM-related mortality
and morbidity associations are generally
robust to confounding, which is one of
the criteria considered in drawing
inferences about the extent to which
observed statistical associations are
likely causal in nature. The commenters
focused on an examination of the extent
to which statistically significant PM2.5
associations based on one-pollutant
models in a number of time-series
studies, and in an analysis of
associations with long-term exposures
in the ACS cohort studies, often did not
remain statistically significant in twopollutant models.
In general, EPA does not believe that
the examination of this issue put
forward by these commenters reflects
the complexities inherent in assessing
the issue of co-pollutant confounding.
As discussed in the proposal (71 FR
2634) and more fully in the Criteria
Document (EPA, 2004a, section 8.4.3;
chapter 9, section 9.2.2.2.2), although
multi-pollutant models may be useful
tools for assessing whether gaseous copollutants may be potential
confounders, such models cannot
determine whether in fact they are.
Interpretation of the results of multipollutant models is complicated by
correlations that often exist among air
pollutants, by the fact that some
pollutants play a role in the atmospheric
reactions that form other pollutants
such as secondary fine particles, and by
the inherent statistical power of the
studies in question. While single-city
multi-pollutant models have received a
great deal of attention during this
review, the Criteria Document also
noted several other approaches to
examining the question, including a
more careful examination of personal
exposures to PM and co-pollutants, the
use of factor or principal component
analyses, and the use of intervention
studies (EPA, 2004a, pp. 8–245 to 8–
246). The Criteria Document also
recognized that it is important to
consider the issue of potential copollutant confounding in the context of
the more recent evidence available
about the biological plausibility of
associations between the various
pollutants and health outcomes, model
specification, and exposure error (EPA,
2004a, p. 8–254).
An example of other approaches to
examining potential co-pollutant
confounding is the study of personal
exposure to fine particles and copollutant gases done in Baltimore
(Sarnat et al., 2001). This study found
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that day-to-day variations in monitored
ambient gases were not associated with
day-to-day changes in personal
exposures to those gases, but they were
associated with day-to-day changes in
personal exposure to PM2.5. One
reasonable interpretation of this study is
that for cities like Baltimore, changes in
model results when ambient gases are
included in multi-pollutant models may
stem from such gases being surrogates
for exposures to particles and not
confounders at all.
The broader examination of this issue
in the Criteria Document included a
focus on evaluating the stability of the
size of the effect estimates in time-series
studies using single- and multipollutant models, as illustrated in
Figures 8–16 through 8–19 (EPA, 2004a,
pp. 8–248 to 8–251). This examination
found that for most time-series studies,
there was little change in effect
estimates based on single- and multipollutant models, although recognizing
that in some cases, the PM effect
estimates were markedly reduced in size
and lost statistical significance in
models that included one or more
gaseous pollutants. The Criteria
Document also noted that PM and the
gaseous co-pollutants were often highly
correlated, and it is generally the case
that high correlations existed between
pollutants where PM effect estimates
were reduced in size with the inclusion
of gaseous co-pollutants. With regard to
the analysis of multiple pollutants from
the ACS cohort, it is important to note
that the effects estimates for fine
particles actually increased in two
pollutant models that incorporated CO,
NO2, and ozone, and were reduced only
for models that incorporated SO2. The
Criteria Document recognized, however,
that SO2 is a precursor for fine particle
sulfates, which complicates the
interpretation of multi-pollutant model
results, and that mortality may be
associated with not only PM2.5 but also
with other components of the mix of
ambient pollutants in this long-term
exposure study.
Far from being dismissive, EPA has
examined this issue in detail based on
the much more extensive body of
relevant evidence available in this
review. This Criteria Document
concluded that ‘‘the most consistent
findings from amidst the diversity of
multi-pollutant evaluation results for
different sites is [sic] that the PM signal
most often comes through most clearly.’’
(EPA, 2004a, p. 8–254.) While
acknowledging that these analyses have
not fully disentangled the relative role
of co-pollutants, EPA believes that this
examination provides greater
confidence than in the last review that
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observed effects can be attributed to
short- and long-term exposures to PM2.5,
alone and in combination with other
pollutants, while recognizing that
potential confounding by co-pollutants
remains a very challenging issue to
address, even with well-designed
studies.
With regard to questions about the
role of individual constituents within
the mix of fine particles, these
commenters pointed out that EPA
recognized this issue as an important
uncertainty in the last review and did so
again in this review. These commenters
then expressed the view that such
continued uncertainty provides no
grounds for reconsidering the Agency’s
1997 conclusion that the current PM2.5
standards provide the requisite
protection. As a general matter, EPA
agrees that although new research
directed toward this question has been
conducted since the last review,
important questions remain and the
issue remains an important element in
the Agency’s ongoing research program.
The EPA does not agree, however, that
continued uncertainty with regard to the
relative toxicity of components within
the mix of fine particles, in and of itself,
provides grounds for not revising the
suite of PM2.5 standards. Rather, the full
body of health effects evidence that has
become available since the last review
provides a basis for concluding that
additional public health protection is
warranted to protect against health
effects that have been associated with
exposure to fine particles measured as
PM2.5 mass.
At the time of the last review, the
Agency determined that it was
appropriate to control fine particles as a
group, as opposed to singling out any
particular component or class of fine
particles. This distinction was based
largely on epidemiologic evidence of
health effects using various indicators of
fine particles in a large number of areas
that had significant contributions of
differing components or sources of fine
particles, together with some limited
experimental studies that provided
some evidence suggestive of health
effects associated with high
concentrations of numerous fine particle
components. In this review, as
discussed in section II.D of the proposal
(71 FR 2643–2645) and below in section
II.C, while most epidemiologic studies
continue to be indexed by PM2.5, some
epidemiologic studies also have
continued to implicate various
components within the mix of fine
particles that have been more commonly
studied (e.g., sulfates, nitrates, carbon,
organic compounds, and metals) as
being associated with adverse effects
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(EPA, 2004a, p. 9–31, Table 9–3). In
addition, several recent epidemiologic
studies included in the Criteria
Document have used PM2.5 speciation
data to evaluate associations between
mortality and fine particles from
different sources, and some toxicologic
studies have provided evidence for
effects associated with various fine
particle components or sizedifferentiated subsets of fine particles.
The available information continues
to suggest that many different chemical
components of fine particles and a
variety of different types of source
categories are all associated with, and
probably contribute to, effects
associated with PM2.5. Consequently,
there continues to be no basis to
conclude that any individual fine
particle component cannot be associated
with adverse health effects (EPA, 2005,
p. 5–17). This information is relevant to
the Agency’s decision to retain PM2.5 as
the indicator for fine particles (as
discussed below in section II.C). The
EPA also believes that it is relevant to
the Agency’s conclusion as to whether
revision of the suite of PM2.5 standards
is appropriate. Furthermore, while there
remains uncertainty about the role and
relative toxicity of various components
of fine PM, the current evidence
continues to support the view that fine
particles should be addressed as a group
for purposes of public health protection,
and the remaining uncertainty does not
call for delaying any increase in public
health protection that other evidence
indicates may be warranted.
With regard to the sensitivity of
epidemiologic associations to the use of
different statistical models and different
approaches to model specification used
by researchers, these commenters
identified this issue of model sensitivity
as an area in which uncertainty in
interpreting epidemiologic evidence has
increased since the last review.
Comments from UARG, Pillsbury et al.,
the Annapolis Center and others
pointed to examples where individual
study results are sensitive to the use of
alternative models, and to reviews that
recommend further exploration of this
issue in future research, as a basis for
asserting that current modeling
approaches are too uncertain to use the
available epidemiologic studies as a
basis for revising the current PM2.5
standards. The EPA agrees that recent
work on model sensitivity has raised
new concerns and the Agency has given
much attention to this issue. In so
doing, EPA recognizes, as does the HEI
and other researchers, that there is no
clear consensus at this time as to what
constitutes appropriate control of
weather and temporal trends in time-
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series studies, and that no single
statistical modeling approach is likely to
be most appropriate in all cases (EPA
2004a, p. 8–238).
While recognizing the need for further
research on this issue, EPA believes that
the body of time-series epidemiologic
studies considered in this review 19
provides an appropriate basis for
informing the Agency’s decisions on
whether to revise the 24-hour PM2.5
standard, consistent with the conclusion
of the HEI review panel (‘‘* * * the
revised findings will continue to help
inform regulatory decisions regarding
PM.’’ HEI, 2003; EPA, 2004a, p. 8–237).
More specifically, as discussed in the
proposal (71 FR 2633–2634), the recent
time-series epidemiologic studies
evaluated in the Criteria Document have
included some degree of control for
variations in weather and seasonal
variables. However, as summarized in
the HEI review panel commentary,
selecting a level of control to adjust for
time-varying factors, such as
temperature, in time-series
epidemiologic studies involves a tradeoff. For example, if the model does not
sufficiently adjust for the relationship
between the health outcome and
temperature, some effects of
temperature could be falsely ascribed to
the pollution variable. Conversely, if an
overly aggressive approach is used to
control for temperature, the result
would possibly underestimate the
pollution-related effect and compromise
the ability to detect a small but true
pollution effect (EPA, 2004a, p. 8–236;
HEI, 2003, p. 266). The selection of
approaches to address such variables
depends in part on prior knowledge and
judgments made by the investigators, for
example, about weather patterns in the
study area and expected relationships
between weather and other time-varying
factors and health outcomes considered
in the study.
The HEI commentary also reached
several other relevant conclusions about
the reanalysis of time-series studies:
upon reanalysis, the PM effect persisted
in the majority of studies; in some of the
large number of studies in which the
PM effect persisted, the estimates of PM
effects were substantially reduced; in
the few studies in which further
sensitivity analyses were performed,
some showed marked sensitivity of the
PM effect estimate to the degree of
smoothing and/or the specification of
19 As discussed in section II.A.2.a of the proposal
(71 FR 2629–2630, 2633), this body of studies
includes those that did not use generalized additive
models or were reanalyzed to address problems
with applications of statistical software used in a
number of important studies, as noted above in
section I.C.
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weather; and, in most studies,
parametric smoothing approaches used
to obtain correct standard errors of the
PM effect estimates produced slightly
larger standard errors than with the use
of generalized additive models.
However, the impact of these larger
standard errors on the level of statistical
significance of the PM effect was minor
(EPA, 2004a, pp. 8–237 to 8–238). While
recognizing the need for further
exploration of alternative modeling
approaches for time-series analyses, the
Criteria Document found that the
studies included in this part of the
reanalysis, in general, continued to
demonstrate associations between PM
and mortality and morbidity beyond
those attributable to weather variables
alone (EPA, 2004a, pp. 8–340, 8–341).
For long-term exposure to fine
particles, the reanalysis and extended
analyses of data from prospective cohort
studies have shown that reported
associations between mortality and
long-term exposure to fine particles are
robust to alternative modeling strategies
(Krewski et al., 2000). As stated in the
reanalysis report, ‘‘The risk estimates
reported by the Original Investigators
were remarkably robust to alternative
specifications of the underlying risk
models, thereby strengthening
confidence in the original findings’
(Krewski et al., 2000, p. 232). In the
extended analysis, Krewski et al. (2000)
did identify model sensitivities related
to education level and spatial patterns
in the data (e.g., correlations in air
pollutant concentrations between cities
within a region of the country).
However, these model sensitivities do
not invalidate the findings of
statistically significant associations
between long-term exposure to PM2.5
and mortality. For example, while the
association was stronger for the subset
of the ACS cohort with the least
education, there was an association with
cardiorespiratory mortality in the entire
population.20
In considering these issues related to
uncertainties in the underlying health
science, on balance, EPA believes that
the available evidence interpreted in
light of these remaining uncertainties
does provide increased confidence
relative to the last review in the
20 More specifically, in multivariate models, the
association found between mortality and long-term
PM2.5 exposure was little changed with addition of
education level to the model (Krewski et al., 2000,
p. 184). This indicates that education level was not
a confounder in the relationship between fine
particles and mortality, but the relationship
between fine particles and mortality is larger in the
population subsets with lower education in this
study and not statistically significant in the
population subset with the highest education (EPA,
2004, p. 8–100).
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reported associations between shortand long-term PM2.5 exposures and
mortality and morbidity effects, alone
and in combination with other
pollutants, and generally supports
stronger inferences as to the causal
nature of the associations. The EPA also
believes that this increased confidence,
when taken in context of the entire body
of available health effects evidence and
in light of the evidence from short-term
exposure studies of associations
observed in areas meeting the current
suite of PM2.5 standards, adds support to
its conclusion that the current suite of
PM2.5 standards needs to be revised to
provide increased public health
protection. This increased confidence
also adds support to the Administrator’s
decision to place greater reliance on the
long-term exposure studies as the basis
for the annual PM2.5 standard and to
place greater reliance on the short-term
exposure studies as the basis for the 24hour PM2.5 standard.
(3) In asserting that the estimated risk
upon attainment of the current PM2.5
standards has decreased since 1997
(UARG, p. 23), these commenters
compared results of EPA’s risk
assessment done in the last review with
those from the Agency’s risk assessment
done as part of this review, and they
concluded that risks upon attainment of
the current PM2.5 standards ‘‘are almost
surely far below those that were
predicted in 1997’’ (UARG, p. 25). These
commenters used this conclusion as the
basis for a claim that there is no reason
to revise the current PM2.5 standards. In
particular, UARG and other commenters
claimed that based on this purported
reduction in risk estimates EPA cannot
reconcile a decision to provide a greater
level of health protection now than that
afforded by the current standards with
the ‘‘not lower or higher than is
necessary’’ standard articulated by the
Supreme Court in Whitman.
The EPA believes that this claim is
fundamentally flawed for three reasons,
as discussed in turn below: (i) It
mischaracterizes the use of the
quantitative risk assessment in the 1997
rulemaking; (ii) it is factually incorrect
in comparing the quantitative risks
estimated in 1997 with those estimated
in the current rulemaking; and (iii) it
fails to take into account that with
similar risks, increased certainty in the
risks presented by PM2.5 implies greater
concern than in the last review.
First, this claim mischaracterizes
EPA’s use of the risk assessment in 1997
in part by not recognizing that the
illustrative risk assessment conducted
for portions of two cities (Philadelphia
and Los Angeles) in the last review was
only used qualitatively to assess the
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need to revise the then-current PM10
standards. The EPA used the 1997 risk
assessment estimates to confirm the
conclusions drawn primarily from the
epidemiological studies that ambient
PM2.5 levels allowed under the then
current PM10 standards presented a
serious public health problem. EPA did
not use it as a basis for selecting the
level of the 1997 PM standards. See 62
FR at 38656, 65; ATA III, 283 F. 3d at
373–74 (noting that EPA did not base
the level of the standards on the
numerical results of the risk
assessment). In so doing, the
Administrator concurred with CASAC’s
judgment that the quantitative risk
estimates at the time were too uncertain
for EPA to rely on in deciding the
appropriate levels for the PM2.5 NAAQS.
Therefore, the final decision on the level
of the NAAQS was not based on the
absolute or relative risk reductions
estimated in the quantitative risk
assessment. Instead, the decision was
based on a direct assessment of the
available epidemiological studies and
the concentration levels observed in
urban areas examined in the studies
where statistically significant effects
had been observed. Since EPA did not
rely on the 1997 quantitative risk
estimates in setting the level of the 1997
standards, the 1997 estimates associated
with those levels do not represent a
decision on a requisite level of
quantified risk from PM exposure, and
therefore do not support the argument
that a lower estimated risk is more than
is necessary to provide the requisite
level of protection. As a result, the
suggested quantitative comparison
between the 1997 estimates and the
current estimates of risks at the levels of
the current standards is not an
appropriate basis for determining
whether the current suite of PM2.5
standards needs to be revised.
Second, EPA relies on the current risk
estimates associated with meeting the
current standards in a qualitative
manner, as in 1997, to inform the
conclusions drawn primarily from the
epidemiological studies on whether
ambient PM2.5 levels allowed under the
current suite of PM2.5 standards present
a serious public health problem
warranting revision of the suite of PM2.5
standards. The 1997 estimate of these
risks, or any comparison of the 1997 risk
estimates to the current estimates, are
irrelevant for that purpose, as the 1997
estimates reflect an outdated analysis
that has been updated in this review to
reflect the current science.
Further, even if the 1997 and current
risk assessments were legitimately
comparable for decision-making
purposes, it would still be factually
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incorrect to conclude that EPA accepted
significantly greater risk in 1997 than is
now estimated to be associated with the
1997 standards based on the most recent
risk assessment. It is important to note
that a very large proportion of the
quantitative risks estimated in 1997 and
today comes from long-term exposure
mortality. The primary estimates from
the current risk assessment (which
assume a potential threshold of 10 µg/
m3, as recommended by CASAC) result
in residual risks in terms of percent of
total incidence that are about the same
in the current review as they were in the
last review for both Philadelphia and
Los Angeles.
Third, it is important to take into
account EPA’s increased level of
confidence in the associations between
short- and long-term PM2.5 exposures
and mortality and morbidity effects. In
comparing the scientific understanding
of the risk presented by exposure to
PM2.5 between the last and current
reviews, one must examine not only the
quantitative estimate of risk from those
exposures (e.g. the numbers of
premature deaths or increased hospital
admissions at various levels), but also
the degree of confidence that the
Agency has that the observed health
effects are causally linked to PM2.5
exposure at those levels. As
documented in the Criteria Document
and the recommendations and
conclusions of CASAC, EPA recognizes
significant advances in our
understanding of the health effects of
PM2.5, based on reanalyses, extended
analyses and new epidemiology studies,
new human and animal studies
documenting effects of concentrated
ambient particles, new laboratory
studies identifying and investigating
biological mechanisms of PM toxicity,
and new studies addressing the utility
of using ambient monitors to assess
population exposures to particles of
outdoor origin. As a result of these
advances, EPA is now more certain that
fine particles, alone or in combination
with other pollutants, present a
significant risk to public health at levels
at or above the range of levels that the
Agency had considered for these
standards in 1997. From this more
comprehensive perspective, since the
risks presented by PM2.5 are more
certain and the overall current
quantitative risk estimates are about the
same as in 1997, PM2.5-related risks are
now of greater concern than in the last
review.
In sum, quantitative risk estimates
were not a basis for EPA’s decision in
setting a level for the PM2.5 standards in
1997, and they do not set any quantified
‘‘benchmark’’ for the Agency’s decision
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to revise the PM2.5 standards at this
time. In any case, there is not a
significant difference in the risk
estimates from 1997 to now. Finally,
EPA believes that confidence in the
causal relationships between short- and
long-term exposures to fine particles
and various health effects has increased
markedly since 1997. Therefore, similar
or even somewhat lower quantitative
risk estimates today would not be a
basis to conclude that no revision to the
suite of PM2.5 standards is ‘‘requisite’’ to
protect public health with an adequate
margin of safety.
(4) Some of these commenters also
identified ‘‘new’’ studies that were not
included in the Criteria Document as
showing ‘‘continued erosion of the
hypothesis that there is a causal
connection between fine PM mass and
health effects’’ and further supporting
‘‘the conclusion that more stringent
PM2.5 standards are not justified’’
(Pillsbury et al., p. 14). As discussed
above in section I.C, EPA notes that, as
in past NAAQS reviews, the Agency is
basing the final decisions in this review
on the studies and related information
included in the PM air quality criteria
that have undergone CASAC and public
review, and will consider newly
published studies for purposes of
decision making in the next PM NAAQS
review. Nonetheless, in provisionally
evaluating commenters’ arguments (see
Response to Comments document), EPA
notes that its provisional assessment of
‘‘new’’ science found that such studies
did not materially change the
conclusions in the Criteria Document.
3. Conclusions Regarding the Need for
Revision
Having carefully considered the
public comments, as discussed above,
the Administrator believes the
fundamental scientific conclusions on
the effects of PM2.5 reached in the
Criteria Document and Staff Paper,
discussed above in section II.B.1,
remain valid. In considering whether
the suite of primary PM2.5 standards
should be revised, the Administrator
places primary consideration on the
evidence obtained from the
epidemiologic studies, and finds the
evidence of serious health effects
reported in short-term exposure studies
conducted in areas that would meet the
current suite of PM2.5 standards to be
compelling, especially in light of the
extent to which such studies are part of
an overall pattern of positive and
frequently statistically significant
associations across a broad range of
studies. The Administrator believes that
this literature collectively represents a
strong and generally robust body of
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evidence of serious health effects
associated with both short- and longterm exposures to PM2.5. Further, the
Administrator believes that the
increased confidence in the evidence of
health effects associated with long-term
exposure to PM2.5 supports relying on
long-term exposure studies as the basis
for setting the annual standard in this
review. This is in contrast to 1997 when
EPA relied primarily on evidence from
the then-available short-term exposure
studies as the primary basis for setting
the annual standard. As discussed in the
Criteria Document and Staff Paper, the
Administrator believes that much
progress has been made since the last
review in reducing some of the major
uncertainties that were important
considerations in establishing the
current suite of PM2.5 standards.
Extensive critical review of this body
of evidence, the quantitative risk
assessment, and related uncertainties
during the criteria and standards review
process, including review by CASAC
and the public of the basis for EPA’s
proposed decision to revise the suite of
primary PM2.5 standards, has identified
a number of issues about which
different reviewers disagree and for
which additional research is warranted.
Nonetheless, on balance, the
Administrator believes that the
remaining uncertainties in the available
evidence do not diminish confidence in
the associations between serious
mortality and morbidity effects and
exposure to fine particles, in particular
as reported in peer-reviewed short-term
exposure studies at levels allowed by
the current standards. In this regard, the
Administrator agrees with CASAC and
the majority of public commenters that
revision of the current suite of PM2.5
standards to provide increased public
health protection is both appropriate
and necessary. Based on these
considerations, the Administrator
concludes that the current suite of
primary PM2.5 standards, taken together,
is not sufficient and thus not requisite
to protect public health with an
adequate margin of safety, and that
revision is needed to provide increased
public health protection.
It is important to note that this
conclusion, and the reasoning on which
it is based, do not address the question
of what specific revisions are
appropriate. That requires looking
specifically at the current indicator,
averaging time, form, and level of the
24-hour and annual PM2.5 standards,
and evaluating the evidence relevant to
determining whether any of those
elements should be revised. The
analyses discussed above concerning
the need to revise the current standards
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go no further than determining whether
the evidence, taken as a whole,
indicates that greater public health
protection is needed than that provided
by the current suite of PM2.5 standards.
C. Indicator for Fine Particles
In 1997, EPA established PM2.5 as the
indicator for fine particles. In reaching
this decision, the Agency first
considered whether the indicator
should be based on the mass of a sizedifferentiated sample of fine particles or
on one or more components within the
mix of fine particles. Second, in
establishing a size-based indicator, a
size cut needed to be selected that
would appropriately distinguish fine
particles from particles in the coarse
mode.
In addressing the first question in the
last review, EPA determined that it was
appropriate to control fine particles as a
group, as opposed to singling out any
particular component or class of fine
particles. Community health studies had
found significant associations between
various indicators of fine particles
(including PM2.5 or PM10 in areas
dominated by fine particles) and health
effects in a large number of areas that
had significant mass contributions of
differing components or sources of fine
particles, including sulfates, wood
smoke, nitrates, secondary organic
compounds and acid sulfate aerosols. In
addition, a number of animal
toxicologic and controlled human
exposure studies had reported health
effects associations with high
concentrations of numerous fine particle
components (e.g., sulfates, nitrates,
transition metals, organic compounds),
although such associations were not
consistently observed. It also was not
possible to rule out any component
within the mix of fine particles as not
contributing to the fine particle effects
found in epidemiologic studies. For
these reasons, EPA concluded that total
mass of fine particles was the most
appropriate indicator for fine particle
standards rather than an indicator based
on PM composition (62 FR 38667).
Having selected a size-based indicator
for fine particles, the Agency then based
its selection of a specific size cut on a
number of considerations. In focusing
on a size cut within the size range of 1
to 3 µm (i.e., the intermodal range
between fine and coarse mode
particles), the Agency noted that the
available epidemiologic studies of fine
particles were based largely on PM2.5;
only very limited use of PM1 monitors
had been made. While it was recognized
that using PM1 as an indicator of fine
particles would exclude the tail of the
coarse mode in some locations, in other
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locations it would miss a portion of the
fine PM, especially under high humidity
conditions, which would result in
falsely low fine PM measurements on
days with some of the highest fine PM
concentrations. The selection of a 2.5
µm size cut reflected the regulatory
importance that was placed on defining
an indicator for fine particle standards
that would more completely capture
fine particles under all conditions likely
to be encountered across the U.S.,
especially when fine particle
concentrations are likely to be high,
while recognizing that some small
coarse particles would also be captured
by PM2.5 monitoring. Thus, EPA’s
selection of 2.5 µm as the size cut for
the fine particle indicator was based on
considerations of consistency with the
epidemiologic studies, the regulatory
importance of more completely
capturing fine particles under all
conditions, and the potential for limited
intrusion of coarse particles in some
areas; it also took into account the
general availability of monitoring
technology (62 FR 38668).
In this current review, the same
considerations continue to apply for
selection of an appropriate indicator for
fine particles. As an initial matter, the
available epidemiologic studies linking
mortality and morbidity effects with
short- and long-term exposures to fine
particles continue to be largely indexed
by PM2.5. Some epidemiologic studies
also have continued to implicate various
components within the mix of fine
particles that have been more commonly
studied (e.g., sulfates, nitrates, carbon,
organic compounds, and metals) as
being associated with adverse effects
(EPA, 2004a p. 9–31, Table 9–3). In
addition, several recent studies have
used PM2.5 speciation data to evaluate
the association between mortality and
particles from different sources
(Schwartz, 2003; Mar et al., 2003; Tsai
et al., 2000; EPA, 2004a, section 8.2.2.5).
Schwartz (2003) reported statistically
significant associations for mortality
with factors representing fine particles
from traffic and residual oil combustion
that were little changed in reanalysis to
address statistical modeling issues, and
also an association between mortality
and coal combustion-related particles
that was reduced in size and lost
statistical significance in reanalysis. In
Phoenix, significant associations were
reported between mortality and fine
particles from traffic emissions,
vegetative burning, and regional sulfate
sources that remained unchanged in
reanalysis models (Mar et al., 2003).21
21 Mar et al. (2000) noted that sulfate alone in a
single-pollutant model was not associated with
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Finally, a small study in three New
Jersey cities reported significant
associations between mortality and fine
particles from industrial, oil burning,
motor vehicle and sulfate aerosol
sources, though the results were
somewhat inconsistent between cities
(Tsai et al., 2000).22 No significant
increase in mortality was reported with
a source factor representing crustal
material in fine particles (EPA, 2004a, p.
8–85). Recognizing that these three
studies represent a very preliminary
effort to distinguish effects of fine
particles from different sources, and that
the results are not always consistent
across the cities, the Criteria Document
found that these studies indicate that
exposure to fine particles from
combustion sources, but not crustal
material, is associated with mortality
(EPA, 2004a, p. 8–77). Animal
toxicologic and controlled human
exposure studies have continued to link
a variety of PM components or particle
types (e.g., sulfates, notably primary
metal sulfate emissions from residual oil
burning, metals, organic constituents,
bioaerosols, diesel particles) with health
effects, though often at high
concentrations (EPA, 2004a, section
7.10.2). In addition, some recent studies
have suggested that the ultrafine subset
of fine particles (generally including
particles with a nominal aerodynamic
diameter less than 0.1 µm) may also be
associated with adverse effects (EPA,
2004a, pp. 8–67 to 8–68).
The Criteria Document recognized
that, for a given health response, some
fine particle components are likely to be
more closely linked with that response
than others. The presumption that
different PM constituents may have
differing biological responses is
toxicologically plausible and an
important source of uncertainty in
interpreting such epidemiologic
evidence. For specific effects there may
be stronger correlation with individual
PM components than with aggregate
particle mass. In addition, particles or
particle-bound water can act as carriers
to deliver other toxic agents into the
respiratory tract, suggesting that
cardiovascular mortality, but that the sulfate
‘‘factor,’’ which was so associated, contained
elevated levels of lead and bromine. The authors
state that the health association with the sulfate (S)
factor ‘‘may be reflective of the contribution of Pb
[lead] and Br [bromine] to the S factor.’’ Mar et al.
(2003) did not provide information about singlepollutant analysis of sulfate or about contribution
of Pb and Br to the S factor.
22 More specifically, statistically significant
associations were reported with factors representing
fine particles from oil burning, industrial and
sulfate aerosol sources in Newark and with particles
from oil burning and motor vehicle sources in
Camden, and no statistically significant associations
were reported in Elizabeth.
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exposure to particles may elicit effects
that are linked with a mixture of
components more than with any
individual PM component (EPA, 2004a,
section 9.2.3.1.3).
Thus, epidemiologic and toxicologic
studies have provided evidence for
effects associated with various fine
particle components or sizedifferentiated subsets of fine particles.
The Criteria Document concluded:
‘‘These studies suggest that many
different chemical components of fine
particles and a variety of different types
of source categories are all associated
with, and probably contribute to,
mortality, either independently or in
combinations’’ (EPA, 2004a, p. 9–31).
Conversely, the Criteria Document
provided no basis to conclude that any
individual fine particle component
cannot be associated with adverse
health effects (EPA, 2005, p. 5–17). In
short, there is not sufficient evidence
that would lead toward the selection of
one or more PM components as being
primarily responsible for effects
associated with fine particles, nor is
there sufficient evidence to suggest that
any component should be eliminated
from the indicator for fine particles. The
Staff Paper continued to recognize the
importance of an indicator that not only
captures all of the most harmful
components of fine particles (i.e., an
effective indicator), but also emphasizes
control of those constituents or
fractions, including sulfates, transition
metals, and organics that have been
associated with health effects in
epidemiologic and/or toxicologic
studies, and is thus most likely to result
in the largest risk reduction (i.e., an
efficient indicator). Taking into account
the above considerations, the Staff Paper
concluded that it remains appropriate to
control fine particles as a group; i.e.,
that total mass of fine particles is the
most appropriate indicator for fine
particle standards (EPA, 2005, p. 5–17).
With regard to an appropriate size cut
for a size-based indicator of total fine
particle mass, the Criteria Document
concluded that advances in our
understanding of the characteristics of
fine particles continue to support the
use of particle size as an appropriate
basis for distinguishing between these
subclasses, and that a nominal size cut
of 2.5 µm remains appropriate (EPA,
2004a, p. 9–22). This conclusion
followed from a recognition that within
the intermodal range of 1 to 3 µm there
is no unambiguous definition of an
appropriate size cut for the separation of
the overlapping fine and coarse particle
modes. Within this range, the Staff
Paper considered size cuts of both 1 µm
and 2.5 µm. Consideration of these two
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size cuts took into account that there is
generally very little mass in this
intermodal range, although in some
circumstances (e.g., windy, dusty areas)
the coarse mode can extend down to
and below 1 µm, whereas in other
circumstances (e.g., high humidity
conditions, usually associated with very
high fine particle concentrations) the
fine mode can extend up to and above
2.5 µm. The same considerations that
led to the selection of 2.5 µm size cut
in the last review—that the
epidemiologic evidence was largely
based on PM2.5 and that it was more
important from a regulatory perspective
to capture fine particles more
completely under all conditions likely
to be encountered across the U.S.
(especially when fine particle
concentrations are likely to be high)
than to avoid some coarse-mode
intrusion into the fine fraction in some
areas—led to the same recommendation
in the Staff Paper (EPA, 2005, p. 5–18),
which was endorsed by CASAC in its
recommendations for PM2.5 standards
(Henderson, 2005a, p. 6). In addition,
the Staff Paper recognized that particles
can act as carriers of water, oxidative
compounds, and other components into
the respiratory system, which adds to
the importance of ensuring that larger
accumulation-mode particles are
included in the fine particle size cut
(EPA, 2005, p. 5–18).
Consistent with the Staff Paper and
CASAC recommendations, the
Administrator proposed to retain PM2.5
as the indicator for fine particles.
Further, the Administrator provisionally
concluded that currently available
studies do not provide a sufficient basis
for supplementing mass-based fine
particle standards with standards for
any specific fine particle component or
subset of fine particles, or for
eliminating any individual component
or subset of components from fine
particle mass standards. Addressing the
current uncertainties in the evidence of
effects associated with various fine
particle components and types of source
categories is an important element in
EPA’s ongoing PM research program.
In so doing, the Administrator also
noted that some commenters had
expressed views about the importance
of evaluating health effect associations
with various fine particle components
and types of source categories as a basis
for focusing ongoing and future research
to reduce uncertainties in this area and
for considering whether alternative
indicator(s) are now or may be
appropriate for standards intended to
protect against the array of health effects
that have been associated with fine
particles as indexed by PM2.5.
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Information from such studies could
also help inform the development of
strategies that emphasize control of
specific types of emission sources so as
to address particles of greatest concern
to public health. While recognizing that
the studies evaluated in the Criteria
Document provided some limited
evidence of such associations that is
helping to focus research activities, the
Administrator solicited broad public
comment on issues related to studies of
fine particle components and types of
source categories and their usefulness as
a basis for consideration of alternative
indicator(s) for fine particle standards.
In general, comment was solicited on
relevant new published research,
recommendations for studies that would
be appropriate for inclusion in future
research activities, and approaches to
assessing the available and future
research results to determine whether
alternative indicators for fine particles
are warranted to provide effective
protection of public health from effects
associated with long- and short-term
exposure to ambient fine particles (71
FR at 2645). More specifically, the
proposal solicited comment on a
number of related issues, including the
extent to which reducing particular
types of PM (differentiated by either size
or chemistry) might alter the size and
toxicity of remaining particles; the
extent to which fine particles in urban
and rural areas can be differentiated by
size or chemistry; the extent to which
the latest scientific information can be
used to improve our understanding of
the relationship of monitored pollution
levels to human exposure; and on
studies using concentrated ambient
particles (CAPs) and their use in
examining the toxicity of specific
mixtures of pollutants or of particular
source categories.
The EPA received comparatively few
public comments on issues related to
the indicator for fine particles.23 Public
comments from all major public and
private sector groups received on the
proposal were overwhelmingly in favor
of EPA’s proposal to retain PM2.5 as the
indicator for fine particles. Commenters
who supported retaining PM2.5 as an
indicator argued that current scientific
evidence does not identify specific
components or sources of concern and
therefore, that a mass-based indicator
remains the appropriate indicator for
fine particles (Engine Manufacturers
Association; American Lung
Association et al.). Some commenters
emphasized the need to conduct
additional research to more fully
23 No public comments were submitted regarding
the use of a different size for fine particles.
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understand the effect of specific PM
components and/or sources on public
health. For example, the Electric Power
Research Institute highlighted specific
new research studies that had been
completed since the close of the Criteria
Document addressing issues related to
fine particle components and source
apportionment, and noted its ongoing
research on component-related health
effects that includes coordinated
epidemiology, toxicology, and exposure
assessment studies. The Administrator
recognizes the work of the Electric
Power Research Institute and agrees that
additional research is important to
improve future understanding of the
role of specific fine particle components
and/or sources of fine particles. The
Administrator also recognizes the
ongoing efforts of HEI to conduct
additional multidisciplinary research
targeted at expanding the available data
on the health effects associated with
specific PM components (HEI, 2005).
Having considered the public
comments on this issue, the
Administrator concurs with the Staff
Paper and CASAC recommendations
and concludes that it is appropriate to
retain PM2.5 as the indicator for fine
particles.
D. Averaging Time of Primary PM2.5
Standards
In the last review, EPA established
two PM2.5 standards, based on annual
and 24-hour averaging times,
respectively (62 FR 38668–70). This
decision was based in part on evidence
of health effects related to both shortterm (from less than 1 day to up to
several days) and long-term (from a year
to several years) measures of PM. The
EPA noted that the large majority of
community epidemiologic studies
reported associations based on 24-hour
averaging times or on multiple-day
averages. Further, EPA noted that a 24hour standard could also effectively
protect against episodes lasting several
days, as well as providing some degree
of protection from potential effects
associated with shorter duration
exposures. The EPA also recognized that
an annual standard would provide
effective protection against both annual
and multi-year, cumulative exposures
that had been associated with an array
of health effects, and that a much longer
averaging time would complicate and
unnecessarily delay control strategies
and attainment decisions. The EPA
considered the possibility of seasonal
effects, although the very limited
available evidence of such effects and
the seasonal variability of sources of
fine particle emissions across the
country did not provide an adequate
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basis for establishing a seasonal
averaging time.
In considering whether the
information available in this review
supported consideration of different
averaging times for PM2.5 standards, the
Staff Paper concluded that the available
information is generally consistent with
and supportive of the conclusions
reached in the last review to set PM2.5
standards with both annual and 24-hour
averaging times. In considering the new
information, the Staff Paper made the
following observations (EPA, 2005,
section 5.3.3):
(1) There is a growing body of studies
that provide additional evidence of
effects associated with exposure periods
shorter than 24-hours (e.g., one to
several hours) (EPA, 2004a, section
3.5.5.1). While the Staff Paper
concluded that this information remains
too limited to serve as a basis for
establishing a shorter-than-24-hour fine
particle primary standard at this time, it
also noted that this information gives
added weight to the importance of a
standard with a 24-hour averaging time.
(2) Some recent PM10 studies have
used a distributed lag over several days
to weeks preceding the health event,
although this modeling approach has
not been extended to studies of fine
particles (EPA, 2004a, section 3.5.5).
While such studies continue to suggest
consideration of a multiple day
averaging time, the Staff Paper noted
that limiting 24-hour concentrations of
fine particles will also protect against
effects found to be associated with PM
averaged over many days in health
studies. Consistent with the conclusion
reached in the last review, the Staff
Paper concluded that a multiple-day
averaging time would add complexity
without providing more effective
protection than a 24-hour average.
(3) While some newer studies have
investigated seasonal effects (EPA,
2004a, section 3.5.5.3), the Staff Paper
concluded that currently available
evidence of such effects is still too
limited to serve as a basis for
considering seasonal standards.
Based on the above considerations,
the Staff Paper and CASAC (Henderson,
2005a, p. 6) recommended retaining the
current annual and 24-hour averaging
times for PM2.5 primary standards. The
Administrator concurred with the staff
and CASAC recommendations and
proposed that averaging times for PM2.5
standards should continue to include
annual and 24-hour averages to protect
against health effects associated with
short-term (hours to days) and long-term
(seasons to years) exposure periods.
The EPA received very limited public
comment on the issue of averaging time
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for the PM2.5 primary standards. A
group of public health and
environmental organizations agreed that
‘‘the EPA has selected the appropriate
averaging times for the fine particle
standards’’ (American Lung Association
et al.).
Having considered the public
comments on this issue, the
Administrator concurs with the
recommendations presented in the Staff
Paper and recommendations made by
CASAC (Henderson, 2005a) and
concludes, as proposed, that it is
appropriate to retain the current annual
and 24-hour averaging times for the
primary PM2.5 standards to protect
against health effects associated with
short-term and long-term exposure
periods.
E. Form of Primary PM2.5 Standards
1. 24-Hour PM2.5 Standard
In 1997 EPA established the form of
the 24-hour PM2.5 standard as the 98th
percentile of the annual 24-hour
concentrations at each populationoriented monitor within an area,
averaged over three years (62 FR 38671–
74). EPA found that, as compared to an
exceedance-based form used in earlier
PM standards, a concentration-based
form is more reflective of the health risk
posed by elevated PM2.5 concentrations
because it gives proportionally greater
weight to days when concentrations are
well above the level of the standard than
to days when the concentrations are just
above the standard. Further, a
concentration-based form better
compensates for missing data and lessthan-every-day monitoring; and, when
averaged over 3 years, it has greater
stability and, thus, facilitates the
development of more stable
implementation programs. After
considering a range of concentration
percentiles from the 95th to the 99th,
EPA selected the 98th percentile as an
appropriate balance between adequately
limiting the occurrence of peak
concentrations and providing increased
stability and robustness. Further, by
basing the form of the standard on
concentrations measured at populationoriented monitoring sites (as specified
in 40 CFR part 58), EPA intended to
provide protection for people residing
in or near localized areas of elevated
concentrations.
In this review, the Staff Paper
concluded that it is appropriate to retain
a concentration-based form that is
defined in terms of a specific percentile
of the distribution of 24-hour PM2.5
concentrations at each populationoriented monitor within an area,
averaged over 3 years. This staff
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recommendation was based on the same
reasons that were the basis for EPA’s
selection of this type of form in the last
review. As to the specific percentile
value to be considered, the Staff Paper
took into consideration (1) the relative
risk reduction afforded by alternative
forms at the same standard level, (2) the
relative year-to-year stability of the air
quality statistic to be used as the basis
for the form of a standard, and (3) the
implications from a public health
communication perspective of the
extent to which either form allows
different numbers of days in a year to
be above the level of the standard in
areas that attain the standard. Based on
these considerations, the Staff Paper
recommended either retaining the 98th
percentile form or revising it to be based
on the 99th percentile form, and noted
that primary consideration should be
given to the combination of form and
level, as compared to looking at the
form in isolation (EPA, 2005, p. 5–44).
In considering the information
provided in the Staff Paper, most
CASAC Panel members favored
continued use of the 98th percentile for
a concentration-based form because it is
more robust than the 99th percentile,
such that it would provide more
stability to prevent areas from moving in
and out of attainment from year to year
(Henderson 2005a). In recommending
retention of the 98th percentile form,
the CASAC Panel recognized that it is
the link between the form and level of
a standard that determines the degree of
public health protection the standard
affords.
In considering the available
information and the Staff Paper and
CASAC recommendations, the
Administrator proposed to retain the
form for the 24-hour standard. In so
doing, the Administrator focused on the
relative stability of the 98th and 99th
percentile forms as a basis for selecting
the 98th percentile form, while
recognizing that the degree of public
health protection likely to be afforded
by a standard is a result of the
combination of the form and the level of
the standard.
None of the public commenters raised
objections to continuing the use of a
concentration-based form for the 24hour standard. Many of the individuals
and groups who supported a more
stringent 24-hour PM2.5 standard noted
above in Section II.B, however,
recommended a more restrictive
concentration-based percentile form,
specifically a 99th percentile form. The
limited number of these commenters
who provided a specific rationale for
this recommendation generally
expressed their concern that the 98th
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percentile form could allow too many
days where concentrations exceeded the
level of the standard, and thus fail to
adequately protect public health. The
EPA received comparatively few public
comments from State and local air
pollution control authorities and tribal
organizations on the form of the 24-hour
PM2.5 standard. Of the limited number
of state air pollution control authorities
that commented on the form of the 24hour PM2.5 standard, all supported
retaining the 98th percentile form. Of
the limited number of local air pollution
control authorities and tribal
organizations that commented on the
form of the 24-hour PM2.5 standard,
some supported retaining the 98th
percentile form while others supported
the 99th percentile form. Beyond their
support for retaining the current 24hour PM2.5 standard, which has a 98th
percentile form, commenters
representing industry associations and
businesses provided no specific
comments regarding the form of the 24hour PM2.5 standard.
The EPA notes that the viewpoints
represented in this review are similar to
comments submitted in the last review
and through various NAAQS reviews.
The EPA recognizes that the selection of
the appropriate form includes
maintaining adequate protection against
peak 24-hour values while also
providing a stable target for risk
management programs, which serves to
provide for the most effective public
health protection in the long run.24
Nothing in the commenters’ views has
provided a reason to change the
Administrator’s previous conclusion
regarding the appropriate balance
represented in the proposed form of the
24-hour PM2.5 standard. Therefore, the
Administrator concurs with CASAC
recommendations and concludes that it
is appropriate to retain the 98th
percentile form for the 24-hour PM2.5
standard.
In reaching this conclusion, EPA also
recognizes that several states that
otherwise supported EPA’s proposal to
retain the 98th percentile form of the 24hour PM2.5 standard raised concerns
regarding a technical problem
associated with a potential bias in the
method used to calculate the 98th
percentile concentration for this form.
NESCAUM, in particular, noted that
‘‘the existing and proposed
methodology yields a lower (i.e., less
stringent) value on average for a 1 in 3
24 See ATA III, 283 F. 3d at 374–375 which
concludes it is legitimate for EPA to consider
promotion of overall effectiveness of NAAQS
implementation programs, including their overall
stability, in setting a standard that is requisite to
protect the public health.
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61165
day frequency sample data-set
compared to a daily sample data-set by
approximately 1 µg/m 3’’ (NESCAUM, p.
3), and recommended revisions to the
methodology such that ‘‘the calculation
becomes insensitive to data capture rate
or sampling frequency’’ (NESCAUM,
Attachment A, p.7). Another state
commenter suggested the issue could be
addressed by ‘‘the addition of language
that requires areas that are near the
daily NAAQS to continue to use every
day FRM/FEM sampling’’ (Delaware
Department of Natural Resources, p. 4).
The EPA agrees with these commenters
that the potential bias in calculating the
design value of the 24-hour PM2.5
standard is a concern. To reduce this
bias, EPA had proposed to increase the
sampling frequency for monitoring sites
that were within 10 percent of the
standard to 1 in 3 day sampling (Part 58
section 12(d)(1)). The EPA is persuaded
by these comments that it is appropriate
to adjust the proposed sampling
frequency requirements in order to
further reduce this bias. Accordingly,
EPA is modifying the final monitoring
requirements such that areas that are
within 5 percent of the standard will be
required to increase the frequency of
sampling to every day (Part 58 section
12(d)(1).25
2. Annual PM2.5 Standard
In 1997 EPA established the form of
the annual PM2.5 standard as an annual
arithmetic mean, averaged over 3 years,
from single or multiple communityoriented monitors. This form of the
annual standard was intended to
represent a relatively stable measure of
air quality and to characterize area-wide
PM2.5 concentrations in conjunction
with a 24-hour standard designed to
provide adequate protection against
localized peak or seasonal PM2.5 levels.
The current annual PM2.5 standard level
is to be compared to measurements
made at the community-oriented
monitoring site recording the highest
level, or, if specific constraints are met,
measurements from multiple
community-oriented monitoring sites
may be averaged (Part 50 Appendix N
section 1.0(c) and 2.1(a) and (b) and Part
58 Appendix D section 2.8.1.6.1; 62 FR
38672). Community-oriented monitoring
sites were specified to be consistent
with the intent that a spatially averaged
annual standard protect persons living
in smaller communities, as well as those
in larger population centers. The
constraints on allowing the use of
spatially averaged measurements were
25 See final rulemaking notice regarding revisions
to ambient air monitoring requirements, elsewhere
in today’s Federal Register.
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intended to limit averaging across
poorly correlated or widely disparate air
quality values.26 This approach was
judged to be consistent with the shortterm epidemiologic studies on which
the annual PM2.5 standard was primarily
based, in which air quality data were
generally averaged across multiple
monitors in an area or were taken from
a single monitor that was selected to
represent community-wide exposures,
not localized ‘‘hot spots’’ (62 FR 38672).
These criteria and constraints were
intended to ensure that spatial averaging
would not result in inequities in the
level of protection afforded by the PM2.5
standards (Id.).
In this review, there now exists a
much larger set of PM2.5 air quality data
than was available in the last review.
Consideration in the Staff Paper of the
spatial variability across urban areas
that is revealed by this new data base
has raised questions as to whether an
annual standard that allows for spatial
averaging, within currently specified or
alternative constraints, would provide
appropriate public health protection.
Analyses in the Staff Paper to assess
these questions, as discussed below,
took into account both aggregate
population risk across an entire urban
area and the potential for
disproportionate impacts on potentially
vulnerable subpopulations within an
area.
The effect of allowing the use of
spatial averaging on aggregate
population risk was considered in
sensitivity analyses included in the
health risk assessment (EPA, 2005,
section 4.4.3.2). In particular, this
included analyses of several urban areas
that compared estimated mortality risks
based on calculating compliance with
alternative standards (1) using air
quality values from the highest
community-oriented monitor in an area
and (2) using air quality values averaged
across all such monitors within the
constraints on spatial averaging allowed
by the current standard.27 As expected,
26 The current constraints include the criteria that
the correlation coefficient between monitor pairs to
be averaged be at least 0.6, and that differences in
mean air quality values between monitors to be
averaged not exceed 20 percent and that areas in
which monitoring results may be averaged should
principally be affected by the same major emission
source of PM2.5 (Part 58 App. D section 2.8.1.6.1).
27 As discussed in the Staff Paper (EPA, 2005;
section 4.2.2), the monitored air quality values were
used to determine the design value for the annual
standard in each area, as applied to a ‘‘composite’’
monitor to reflect area-wide exposures. Changing
the basis of the annual standard design value from
the concentration at the highest monitor to the
average concentration across all monitors changes
the amount of reduction in PM2.5 levels that is
needed to just meet the current or alternative
annual standards. With averaging, less overall
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estimated risks associated with longterm exposures that remain upon just
meeting the current annual standard are
greater when spatial averaging is used
than when the highest monitor is used
(i.e., the estimated reductions in risk
associated with just attaining the
current or alternative annual standards
are less when spatial averaging is used),
as the use of the highest monitor leads
to greater modeled reductions in
ambient PM2.5 concentrations.28
In considering the potential for
disproportionate impacts on potentially
vulnerable subpopulations, EPA
assessed whether any such groups are
more likely than the general population
to live in census tracts in which the
monitors recording the highest air
quality values in an area are located.
Data used in this analysis included
demographic parameters measured at
the census tract level, including
education level, income level, and
percent minority population. Data from
the census tract in each area in which
the highest air quality value was
monitored were compared to the areawide average value (consistent with the
constraints on spatial averaging
provided by the current standard) in
each area (Schmidt et al., 2005).
Recognizing the limitations of such
cross-sectional analyses, the Staff Paper
observed that the results suggest that the
highest concentrations in an area tend to
be measured at monitors located in
areas where the surrounding population
is more likely to have lower education
and income levels, and higher
percentages of minority populations
(EPA, 2005, p. 5–41).29 Noting the
intended purposes of the form of the
annual standard, as discussed above, the
Staff Paper concluded that the existing
constraints on spatial averaging may not
be adequate to avoid substantially
greater exposures in some areas,
reduction in ambient PM2.5 is needed to just meet
the standards.
28 For example, based on analyses conducted in
three example urban areas, estimated mortality
incidence associated with long-term exposure based
on the use of spatial averaging is about 10 to more
than 40 percent higher than estimated incidence
based on the use of the highest monitor (EPA, 2005,
p.5–41).
29 As summarized in section II.A.4 of the
proposal, the Criteria Document notes that some
epidemiologic study results, most notably the
associations between total mortality and long-term
PM2.5 exposure in the ACS cohort, have shown
larger effect estimates in the cohort subgroup with
lower education levels (EPA, 2004a, p. 8–103). The
Criteria Document also notes that lower education
level can be a marker for lower socioeconomic
status that may be related to increased vulnerability
to the effects of fine particle exposures, for example,
as a result of greater exposure from proximity to
sources such as roadways and industry, as well as
other factors such as poorer health status and access
to health care (EPA, 2004a, section 9.2.4.5).
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potentially resulting in disproportionate
impacts on these potentially vulnerable
subpopulations.
In considering whether more stringent
constraints on the use of spatial
averaging may be appropriate, the Staff
Paper presented results of an analysis of
recent air quality data which assessed
correlations and differences between
monitor pairs in metropolitan areas
across the country (Schmidt et al.,
2005). For all pairs of PM2.5 monitors,
the median correlation coefficient based
on annual air quality data is
approximately 0.9, which is
substantially higher than the current
criterion (in Appendix D of Part 58,
section 2.8.1.6.1) of a minimum
correlation of at least 0.6, which was
met by nearly all monitor pairs. The
current criterion that differences in
mean air quality values between
individual monitors and the
corresponding multi-site spatial average
not exceed 20 percent on an annual
basis also was met for most monitor
pairs, while the actual annual median
and mean differences for all monitor
pairs were 5 percent and 8 percent,
respectively. This analysis also showed
that in some areas with highly seasonal
air quality patterns (e.g., due to seasonal
wood smoke emissions), substantially
lower seasonal correlations and larger
seasonal differences can occur relative
to those observed on an annual basis.
This analysis provided some
perspective on the constraints on spatial
averaging that were adopted in the last
review before data were widely
available on spatial distributions of
PM2.5 air quality levels.
In considering the results of the
analyses discussed above, the Staff
Paper concluded that it is appropriate to
consider either eliminating the
provision that allows for spatial
averaging from the form of an annual
PM2.5 standard or narrowing the
constraints on spatial averaging to be
based on more restrictive criteria. More
specifically, based on the analyses
discussed above, the Staff Paper
recommended consideration of revised
criteria such that the correlation
coefficient between monitor pairs to be
averaged be at least 0.9, determined on
a seasonal basis, and annual mean
differences between individual monitors
and corresponding spatial averages not
exceed 10 percent (EPA, 2005, p. 5–
42).30
30 In CASAC’s review of the Second Draft Staff
Paper, most of the members of the CASAC Review
Panel found the fine particle sections to be
‘‘generally well-written and scientifically wellreasoned’’ but, beyond their recommendation that
the primary PM2.5 standards should be
strengthened, CASAC provided no specific
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In considering the Staff Paper
recommendations based on the results
of the analyses discussed above, and
focusing on a desire to be consistent
with the epidemiologic studies on
which the PM2.5 health effects are based
and concern over the evidence of
potential disproportionate impact on
potentially vulnerable subpopulations,
the Administrator proposed to revise the
form of the annual PM2.5 standard
consistent with the Staff Paper
recommendation to change two of the
criteria for use of spatial averaging such
that the correlation coefficient between
monitor pairs must be at least 0.9,
determined on a seasonal basis, with
differences between monitor values not
to exceed 10 percent (71 FR 2647). The
Administrator also solicited comment
on the other Staff Paper-recommended
alternative of revising the form of the
annual PM2.5 standard to one based on
the highest community-oriented
monitor in an area, with no allowance
for spatial averaging (Id. at 2647–48).
Relatively few public comments were
received on the form of the annual PM2.5
standard. Of the commenters noted
above in Section II.B who supported a
more stringent annual PM2.5 standard,
those who commented on the form of
the annual PM2.5 standard argued that
the EPA analyses described above
demonstrated that the current form of
the standard results in uneven public
health protection leading to
disproportionate impacts on potentially
vulnerable subpopulations, and thus a
change in the form of the standard is
needed. However, these commenters
argued that the proposed modifications
to the spatial averaging criteria were not
stringent enough and, in order to reduce
the possibility of pollution hotspots and
disproportionate impacts, especially in
areas meeting the annual PM2.5
standard, spatial averaging should be
eliminated (American Lung Association
et al., 2006, pp. 44–47; Schwartz, 2005,
p. 2). Of the commenters noted above in
Section II.B who supported retaining the
current annual PM2.5 standard, those
who commented specifically on the
form of the standard supported retaining
the current spatial averaging criteria.
These views are most extensively
presented in comments from UARG who
argued that changes to the spatial
averaging criteria, effectively increasing
the stringency of the standard, are not
needed as the current standards provide
the requisite degree of public health
protection (UARG, 2006. pp. 33–36). In
addition, one state air pollution control
agency supported a more stringent level
comments regarding the form of the annual
standard (Henderson, 2005a, pp. 1–2).
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for the annual PM2.5 standard in the
range recommended by CASAC but also
supported retaining the option for
spatial averaging for the form of the
standard arguing that ‘‘rarely is one
monitor representative of an entire
nonattainment area’’ especially in the
western U.S. (Utah Department of
Environmental Quality, 2006, p. 2).
The Administrator emphasizes that
the intent of the current spatial
averaging criteria, as defined in 1997
based on a limited set of PM2.5 air
quality data, was to ensure that spatial
averaging would not result in inequities
in the level of protection provided by
the PM2.5 standards against health
effects associated with short- and longterm exposures to PM2.5. Based on the
analyses described above (Schmidt et
al., 2005), which are based on the much
larger set of air quality data that has
become available since the last review,
EPA now believes that tighter
constraints on spatial averaging are
necessary to address concerns over
potential disproportionate impacts on
the populations that EPA has identified
as being potentially vulnerable to PM2.5related health effects. The EPA believes
that current information and analyses
indicate that application of the current
form has the clear potential to result in
disproportionate impacts on potentially
vulnerable subpopulations in some
areas. The EPA recognizes that the
proposed constraints have the potential
to increase the stringency of the annual
PM2.5 standard in some areas in which
a State might choose to use spatial
averaging. The EPA believes that in
such cases this increased stringency is
warranted so as to address possible
disproportionate impacts on potentially
vulnerable populations and more
generally to avoid inequities across all
population groups. The EPA disagrees
with those commenters who support
eliminating spatial averaging altogether.
The EPA believes that the proposed
narrowing of the spatial averaging
criteria will adequately address the
concerns about disproportionate impact
raised by some commenters, as analyzed
in the Staff Paper, by substantially
reducing the amount of spatial variation
in long-term ambient levels that will be
allowed to be averaged together in
determining compliance with the
standard. Therefore, the Administrator
concludes that the current form of the
standard should be retained with the
proposed modifications. The form of the
annual PM2.5 standard is retained as an
annual arithmetic mean, averaged over
3 years; however, the following two
aspects of the spatial averaging criteria
are narrowed: (1) The annual mean
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concentration at each site shall be
within 10 percent of the spatially
averaged annual mean, and (2) the daily
values for each monitoring site pair
shall yield a correlation coefficient of at
least 0.9 for each calendar quarter.
F. Level of Primary PM2.5 Standards
In the last review, having concluded
that it was appropriate to establish both
24-hour and annual PM2.5 standards,
EPA selected a level for each standard
that was appropriate for the function to
be served by each (62 FR 38674, 38676–
77). As noted above, EPA concluded at
that time that the suite of PM2.5
standards could most effectively and
efficiently protect public health by
treating the annual standard as the
generally controlling standard for
lowering both short- and long-term
PM2.5 concentrations.31 In conjunction
with such an annual standard, the 24hour standard was intended to provide
protection against days with high peak
PM2.5 concentrations, localized
‘‘hotspots,’’ and risks arising from
seasonal emissions that would not be
well controlled by an annual standard.32
In selecting the level for the annual
standard in the last review, EPA used an
evidence-based approach that
considered the evidence from both
short- and long-term exposure studies.
The risk assessment conducted in the
last review, while providing qualitative
insights about the distribution of risks,
was considered by EPA to be too limited
to serve as a quantitative basis for
decisions on the standard levels. In
accordance with Staff Paper and CASAC
views on the relative strengths of the
short- and long-term exposure studies,
EPA placed greater emphasis on the
short-term exposure studies. In so
doing, EPA first determined a level for
the annual standard based on the shortterm exposure studies, and then
considered whether the long-term
exposure studies suggested the need for
a lower level. While recognizing that
health effects could occur over the full
range of concentrations observed in the
studies, EPA concluded that the
31 In so doing, EPA noted that an annual standard
would focus control programs on annual average
PM2.5 concentrations, which would generally
control the overall distribution of 24-hour exposure
levels, as well as long-term exposure levels, and
would also result in fewer and lower 24-hour peak
concentrations. Alternatively, a 24-hour standard
that focused controls on peak concentrations could
also result in lower annual average concentrations.
Thus, EPA recognized that either standard could
provide some degree of protection from both shortand long-term exposures, with the other standard
serving to address situations where the daily peaks
and annual averages are not consistently correlated
(62 FR 38669).
32 See also ATA III, 283 F.3d at 373 (endorsing
this reasoning).
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strongest evidence for short-term PM2.5
effects occurs for air quality
distributions with long-term
concentrations near the long-term (e.g.,
annual) average in those studies
reporting statistically significant health
effects. Thus, in the last review, EPA
selected a level for the annual standard
that was somewhat below the lowest
long-term average PM2.5 concentration
in a short-term exposure study that
reported statistically significant health
effects. Further consideration of the
average PM2.5 concentrations across the
cities in the key long-term exposure
studies available at that time did not
provide a basis for establishing a lower
annual standard level.
In this review, the approach used in
the Staff Paper as a basis for staff
recommendations on standard levels
built upon and broadened the general
approach used by EPA in the last
review. This broader approach reflected
the more extensive and stronger body of
evidence now available on health effects
related to both short- and long-term
exposure to PM2.5, together with the
availability of much more extensive
PM2.5 air quality data. This newly
available information was used to
conduct a more comprehensive risk
assessment for PM2.5. As a consequence,
the broader approach used in the Staff
Paper discussed ways to take into
account both evidence-based and
quantitative risk-based considerations
and placed relatively greater emphasis
on evidence from long-term exposure
studies than was done in the last
review.
Given the extensive body of new
evidence based specifically on PM2.5
that is now available, and the resulting
broader approach presented in the Staff
Paper, the Administrator considered it
appropriate to use a somewhat different
evidence-based approach from that used
in the last review to propose appropriate
standard levels. In the Administrator’s
view, the very large numbers of PM2.5
health effect studies that now make up
the available body of evidence provide
the most reliable basis for determining
the level of the standards. More
specifically, EPA’s proposal relied on an
evidence-based approach that
considered the much expanded body of
evidence from short-term exposure
PM2.5 studies as the principal basis for
selecting the level of the 24-hour
standard, with such standard aimed at
protecting against health effects
associated with short-term exposures to
PM2.5. Likewise, the stronger and more
robust body of evidence from the longterm exposure PM2.5 studies was
considered as the principal basis for
selecting the level of the annual
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standard, with such standard aimed at
protecting against health effects
associated with long-term exposures to
PM2.5.
With respect to the quantitative risk
assessment, the Administrator
recognized at proposal that it rests on a
more extensive body of data and is more
comprehensive in scope than the
assessment conducted in the last
review, but was mindful that significant
uncertainties continue to underlie the
resulting risk estimates. Such
uncertainties generally relate to a lack of
clear understanding of a number of
important factors, including, for
example, the shape of concentrationresponse functions, particularly when,
as here, effect thresholds can neither be
discerned nor determined not to exist;
issues related to selection of appropriate
statistical models for the analysis of the
epidemiologic data; the role of
potentially confounding and modifying
factors in the concentration-response
relationships; issues related to
simulating how PM2.5 air quality
distributions will likely change in any
given area upon attaining a particular
standard, since strategies to reduce
emissions are not yet defined; and
whether there would be differential
reductions in the many components
within PM2.5 and, if so, whether this
would result in differential reductions
in risk. In the case of fine particles, the
Administrator recognized that for
purposes of developing quantitative risk
estimates such uncertainties are likely
to amplified by the complexity in the
composition of the mix of fine particles
generally present in the ambient air.
Further, in the Administrator’s view,
this risk assessment, which is based on
studies that do not resolve the issue of
a threshold, has important limitations as
a basis for standard setting, since if no
threshold is assumed the assessment
necessarily predicts that ever lower
standards result in ever lower risks.
This has the effect of masking the
increasing uncertainty in the risk
estimates that exists as lower levels are
considered, even when a range of
assumed thresholds is included. As a
result, at the time of proposal the
Administrator viewed the risk
assessment as providing supporting
evidence for the conclusion that there is
a need to revise the current suite of
PM2.5 standards, but he judged that it
did not provide an appropriate basis to
determine what specific quantitative
revisions are appropriate.
1. 24-Hour PM2.5 Standard
Based on the approach discussed
above, the Administrator relied upon
evidence from the short-term exposure
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PM2.5 studies as the principal basis for
selecting the proposed level of the 24hour standard. In considering these
studies as a basis for the level of a 24hour standard, and having provisionally
selected a 98th percentile form for the
standard, the Administrator agreed with
the focus in the Staff Paper of looking
at the 98th percentile values in these
studies. In so doing, the Administrator
recognized that these studies provide no
evidence of clear effect thresholds or
lowest-observed-effects levels. Thus, in
focusing on 98th percentile values in
these studies, the Administrator was
seeking to establish a standard level that
will require improvements in air quality
generally in areas in which the
distribution of daily short-term
exposure to PM2.5 can reasonably be
expected to be associated with serious
health effects. Although future air
quality improvement strategies in any
particular area are not yet defined, most
such strategies are likely to move a
broad distribution of PM2.5 air quality
values in an area lower, resulting in
reductions in risk associated with
exposures to PM2.5 levels across a wide
range of concentrations.
Based on the information in the Staff
Paper and in a supporting staff
memorandum,33 the Administrator
observed an overall pattern of
statistically significant associations
reported in studies of short-term
exposure to PM2.5 across a wide range of
24-hour average 98th percentile values.
More specifically, the Administrator
observed a strong predominance of
studies with 98th percentile values
down to about 39 µg/m3 (in Burnett and
Goldberg, 2003) reporting statistically
significant associations with mortality,
hospital admissions, and respiratory
symptoms. For example, within this
range of air quality, statistically
significant associations were reported
for mortality in the combined Six Cities
study (and three of four individual cities
within that study 34) (Klemm and
Mason, 2003), the Canadian 8-City
Study (Burnett and Goldberg, 2003), and
in studies in Santa Clara County, CA
33 As discussed in the Staff Paper (EPA, 2005, p.
5–30) and supporting staff memo (Ross and
Langstaff, 2005), staff focused on U.S. and Canadian
short-term exposure PM2.5 studies that had been
reanalyzed as appropriate to address statistical
modeling issues and considered the extent to which
the reported associations are robust to co-pollutant
confounding and alternative modeling approaches
and are based on relatively reliable air quality data.
Additional air quality data used in this analysis
were documented in another staff memo (Ross and
Langstaff, 2006) that was placed in the docket
during the public comment period.
34 Of the four cities in this study that were within
this range of air quality, statistically significant
results were reported for Boston, St. Louis, and
Knoxville, but not for Steubenville.
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(Fairley, 2003) and Philadelphia
(Lipfert, 2000); for hospital admissions
and emergency department visits in
Seattle (Sheppard et al., 2003), Toronto
(Burnett et al., 1997; Thurston et al.,
1994), Detroit (Ito, 2003, for heart
failure 35 and pneumonia, but not for
other causes), and Montreal (Delfino et
al., 1998,36 for some but not all age
groups and years); and for respiratory
symptoms in panel studies in a
combined Six Cities study (Schwartz et
al., 1994, as reanalyzed in Schwartz and
Neas, 2000) and in two Pennsylvania
cities (Uniontown in Neas et al., 1995;
State College in Neas et al., 1996).37
Studies in this air quality range that
reported positive but not statistically
significant associations include
mortality studies in Detroit (Ito, 2003),
Pittsburgh (Chock et al., 2000),
Steubenville (Klemm and Mason, 2003),
and Montreal (Goldberg and Burnett,
2003), and a study of lung function in
Philadelphia 38 (Neas et al., 1999).
Within the range of 24-hour average
98th percentile PM2.5 concentrations of
about 35 to 30 µg/m3, the Administrator
no longer observed this strong
predominance of statistically significant
results. Rather, within this range, one
study reports statistically significant
results (Mar et al., 2003), other studies
report mixed results in which some
associations reported in the study are
statistically significant and others are
not (Delfino et al., 1997; Peters et al.,
2000),39 and other studies report
associations that are not statistically
significant (Ostro, 2003; 40 two
individual cities within Klemm and
Mason, 2003). Further, the
Administrator concluded that the very
limited number of studies in which the
98th percentile values are below this
range (Stieb et al., 2000; Peters et al.,
35 The proposal incorrectly listed this as an
association with ischemic heart disease.
36 The proposal incorrectly included Delfino et
al., 1997 here as well as correctly including it in
the next lower air quality range.
37 Of the studies within this group that evaluated
multi-pollutant associations, as discussed above in
section II.A.3, the results reported in Fairley (2003),
Sheppard (2003), and Ito (2003) were generally
robust to inclusion of gaseous co-pollutants.
38 The proposal incorrectly identified this as a
statistically significant association.
39 For example, Delfino et al. (1997) report
statistically significant associations between PM2.5
and respiratory emergency department visits for
elderly people (>64 years old), but not children (<2
years old), in one part of the study period (summer
1993) but not the other (summer 1992). Peters et al.
(2000) report new findings of associations between
fine particles and cardiac arrhythmia, but the
Criteria Document observes that the strongest
associations were reported for a small subset of the
study population that had experienced 10 or more
defibrillator discharges (EPA, 2004a, p. 8–164).
40 The proposal incorrectly identified this as a
statistically significant association.
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2001) do not provide a basis for
reaching conclusions about associations
at such levels. Thus, in the
Administrator’s view, this body of
evidence provided confidence that
statistically significant associations are
occurring down close to this range, and
it provided a clear basis for
provisionally concluding that this range
represents a range of reasonable values
for a 24-hour standard level. The
Administrator further noted that
focusing on the range of 35 to 30 µg/m3
is consistent with the interpretation of
the evidence held by most CASAC Panel
members as reflected in their
recommendation to select a 24-hour
PM2.5 standard level within this range
(Henderson, 2005a, p. 7). The
Administrator recognized, however, the
separate point that most CASAC Panel
members favored the range of 35 to 30
µg/m3 for the 24-hour PM2.5 standard in
concert with an annual standard set in
the range of 14 to 13 µg/m3 (Id.), as
discussed in section II.F.2 below.
At proposal, in considering what level
would be appropriate for a 24-hour
standard, the Administrator was
mindful that this choice requires
judgment based on an interpretation of
the evidence that neither overstates nor
understates the strength and limitations
of the evidence, or the appropriate
inferences to be drawn from the
evidence. In the absence of evidence of
any clear effects thresholds, EPA may
select a specific standard level from
within a range of reasonable values. In
making this judgment, the
Administrator noted that the general
uncertainties related to the shape of the
concentration-response functions and to
the selection of appropriate statistical
models affect the likelihood that
observed associations are causal down
to the lowest concentrations in the
studies. Further, and more specifically,
the variation in results found in the
short-term exposure studies in which
the 98th percentile values were below
35 µg/m3 indicated an increase in
uncertainty as to whether likely causal
associations extend down below this
level (71 FR 2649).
In considering the extent to which the
quantitative risk assessment should
inform EPA’s selection of a 24-hour
PM2.5 standard, the Administrator
recognized that risk estimates based on
simulating the attainment of standards
set at lower levels within this range will
inevitably suggest some additional
reductions in risk at each lower
standard level considered. However,
these quantitative risk estimates largely
depend upon assumptions made about
the lowest level at which reported
associations will likely persist and
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remain causal in nature. Thus, the
Administrator was hesitant to use such
risk estimates as a basis for proposing a
specific standard level, particularly one
below 35 µg/m3, and instead preferred
to base the decision on level directly on
the evidence in the studies themselves
(71 FR 2649).
Taking the above considerations into
account, the Administrator proposed to
set the level of the primary 24-hour
PM2.5 standard at 35 µg/m3.41 In the
Administrator’s judgment at that time,
based on the currently available
evidence, a standard set at this level
would protect public health with an
adequate margin of safety from serious
health effects, including premature
mortality and hospital admissions for
cardiorespiratory causes that are likely
causally associated with short-term
exposure to PM2.5. This judgment
appropriately considered the
requirement for a standard that is
neither more nor less stringent than
necessary for this purpose and
recognized that the CAA does not
require that primary standards be set at
a zero-risk level, but rather at a level
that reduces risk sufficiently so as to
protect public health with an adequate
margin of safety.
At the time of proposal, the
Administrator recognized that sharply
divergent views on the appropriate level
of this standard had been presented to
EPA as part of the NAAQS review
process, and solicited comment on a
wide range of standard levels and
alternative approaches to characterizing
and addressing scientific uncertainties.
One such alternative view focused very
strongly on the uncertainties inherent in
the epidemiologic and toxicologic
studies and the quantitative risk
assessment as the basis for concluding
that no change to the current 24-hour
PM2.5 standard of 65 µg/m3 was
warranted. In sharp contrast, others
viewed the epidemiologic evidence and
other health studies as strong and
robust, and generally placed much
weight on the results of the quantitative
risk assessment as a basis for concluding
that a much stronger policy response is
warranted, generally consistent with a
standard level at or below 25 µg/m3. As
discussed below, the same sharply
divergent views were generally repeated
in comments on the proposal by the two
distinct groups of commenters
identified in section II.B.2 above.
In considering comments received on
the proposal, the Administrator first
notes that CASAC provided additional
recommendations concerning the
41 As noted above, the proposed form of the 24hour standard was the same as the current standard.
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proposed PM standards in a letter to the
Administrator (Henderson, 2006, p. 2),
noting that members of the CASAC PM
Panel were generally pleased that the
proposed 24-hour PM2.5 primary
standard was within the range that had
previously been recommended by most
members. Further, the Panel recognized
that the proposed choice of the high end
of the recommended range was a policy
judgment. A number of commenters,
including many States and Tribes, who
supported the proposed level generally
placed great weight on the
recommendation of CASAC.
Many more commenters expressed
disagreement with the proposed level.
As noted above, these commenters
generally fell into two distinct groups
that expressed sharply divergent views
on their interpretations of the science
(in some cases taking into consideration
‘‘new’’ science not included in the
Criteria Document), on the appropriate
policy response based on the science,
and on how the quantitative risk
assessment should factor into a decision
on the standard level.
In interpreting the available scientific
information, including consideration of
‘‘new’’ science, and advocating a policy
response based on the science, one
group of commenters focused strongly
on the uncertainties they saw in the
scientific evidence as a basis for
concluding that no change to the current
level of the 24-hour PM2.5 standard was
warranted. This group included
virtually all commenters representing
industry associations and businesses. In
commenting on the proposed level,
these commenters most generally relied
on the same arguments presented above
in section II.B.2 as to why they believed
it was inappropriate for EPA to make
any revisions to the suite of primary
PM2.5 standards. That is, they asserted
that the health effects of concern
associated with short-term exposure to
PM2.5 have not changed significantly
since 1997; that the uncertainties in the
underlying time-series epidemiologic
studies are as great or greater than in
1997; that the estimated risk upon
attainment of the current PM2.5
standards is lower now than it was
when the PM2.5 standards were set in
1997; and that ‘‘new’’ science not
included in the Criteria Document
continues to increase uncertainty about
possible health risks associated with
exposure to PM2.5. These general
comments are addressed above in
section II.B.2.
In more specific comments, UARG
and other commenters in this group
called into question EPA’s rationale for
the proposed level of 35 µg/m3. In so
doing, these commenters primarily
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relied on an examination of this
rationale included in an attachment to
UARG’s comments as the basis for
concluding that the available studies do
not support EPA’s view of the overall
pattern of statistically significant
associations in studies of short-term
exposure to PM2.5 across a wide range of
98th percentile PM2.5 values. This
examination of such studies concluded
that there is no consistent pattern of
associations at levels up to (and above)
the 65 µg/m3 98th percentile level of the
current standard. This examination was
based on an individual consultant’s
ranking of a set of short-term exposure
studies by what is characterized as the
‘‘overall significance’’ of each study’s
results. A number of studies were
included in this examination that EPA
did not include in looking at the pattern
of associations.
In considering the approach used in
this examination, EPA concludes that
the categorical rankings were
inappropriately defined in a very
restrictive way that overly emphasized
certain studies based on selection
criteria that favored multi-pollutant
models and alternative model
specifications, which had the effect of
dismissing statistically significant
results in some studies. This conclusion
reflects EPA’s consideration of these
issues as presented above in section
II.B.2. As noted there, EPA believes in
the importance of a comprehensive
evaluation that considers and weighs a
variety of evidence, including biological
plausibility of associations between the
various pollutants and health outcomes,
and focuses on the stability of the size
of the effect estimates in time-series
studies using both single- and multipollutant models, rather than just
looking at statistical significance in a
large number of alternative models and
using it simplistically to delineate
between real and suspect associations.
In addition, the examination included
several studies that, for a variety of
reasons, EPA does not believe are
appropriate for such an analysis. The
inclusion of such studies, many of
which had low statistical power, served
to dilute the pattern of associations seen
in studies considered by EPA as
providing a more appropriate basis for
this type of examination.
Further, even if this examination were
to be accepted at face value, it still
would support a distinction between the
patterns of associations above and
below the proposed level, in that over
half of the cited studies with 98th
percentile values above 35 µg/m3 were
characterized as being of overall or
mixed significance, and more than half
of the cited studies with 98th percentile
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values below 35 µg/m3 were
characterized as having no overall
significant association. After fully
considering this examination of patterns
of study results, the Administrator
believes that the observations of
patterns of study results presented
earlier in this section remain valid.42
The other group of commenters,
including many medical groups,
numerous physicians and academic
researchers, many public health
organizations, some States, and a large
number of individual commenters,
viewed the epidemiologic evidence and
other health studies as strong and robust
and expressed the belief that a much
stronger policy response is warranted,
generally consistent with a standard
level at or below 25 µg/m3. Some of
these commenters generally expressed
the view that the level of the standard
should be set below the lowest level
observed in any of the studies that
report any statistically significant
association. Some also expressed the
view that important uncertainties
inherently present in the evidence
warrant a highly precautionary policy
response, particularly in view of the
serious nature of the health effects at
issue, and should be addressed by
selecting a standard level that
incorporates a large margin of safety.
More specifically, American Lung
Association et al. and other commenters
noted three studies included in the
Criteria Document with 98th percentile
values below 35 µg/m3, including a
mortality study in Phoenix (Mar et al.,
2000; reanalyzed in Mar et al., 2003)
with a 98th percentile value of 32 µg/
m3, a study of emergency department
visits in Montreal (Delfino et al., 1997)
with a 98th percentile value of 31 µg/
m3, and a study of increase in
myocardial infarction in Boston (Peters
et al., 2001) with a 98th percentile value
of 28 µg/m3. Further, these commenters
expressed the view that EPA’s proposed
approach to selecting a level of the 24hour PM2.5 standard is fundamentally
flawed because it ‘‘relies unreasonably
on point estimates of statistical
significance at various concentrations,
rather than on trends, and because it
completely fails to consider issues of
statistical power’’ (American Lung
Association et al., p. 57). In addition,
these commenters found EPA’s
justification for the proposed level to be
‘‘simply irrational’’ in that it
‘‘essentially fabricates uncertainty’’ as a
basis for avoiding setting a standard that
42 The EPA’s consideration of this examination is
discussed more fully in the Response to Comments
document.
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the evidence ‘‘clearly indicates is
necessary’’ (Id.).
In considering these comments, the
Administrator first notes that he
generally agrees with CASAC’s view
that selecting a level within the range of
30 to 35 µg/m3 is a public health policy
judgment and that the science does not
dictate the selection of any specific level
within this range. The Administrator
also believes that this policy judgment
should take into consideration the
important uncertainties that remain in
issues that are central to interpreting
these types of time-series epidemiologic
studies. While the Administrator
believes that progress has been made
since the last review in addressing key
uncertainties, as discussed above in
section II.B.2, EPA and the scientific
community, including CASAC and the
National Research Council (NRC),
recognize that important uncertainties
remain that warrant further research
(e.g., see NRC, 2004). Thus, the
Administrator does not agree that the
Agency is ‘‘fabricating’’ uncertainties
that do not exist. More specifically, in
considering the studies cited in these
comments as a basis for a standard level
below 35 µg/m3, the Administrator
continues to believe that it is necessary
to consider not only the results of these
studies and the inherent uncertainties in
such studies, but also the pattern of
results from other studies with similar
air quality values. In so doing, EPA
notes that the statistically significant
results in Peters et al. (2001) were
uniquely associated with 1 to 2 hour lag
times, but not with 24-hour average
PM2.5 concentrations, such that it would
provide a very tenuous basis for the
level of a 24-hour average national
standard. While the studies in Phoenix
and Montreal do provide some evidence
of statistically significant associations
within the range of 30 to 35 µg/m3,
several other studies within this range
of air quality that generally have
somewhat greater statistical power and
narrower confidence ranges do not
provide such evidence. In making the
public health policy judgment inherent
in selecting a standard level, the
Administrator believes that it is
necessary to weigh the evidence and
related uncertainties against the
requirement that the standard is to be
neither more nor less stringent than
necessary to protect public health with
an adequate margin of safety. See NRDC
v. EPA, 902 F. 2d 962, 971 (D.C. Cir.
1990) (in considering level of a NAAQS,
EPA is required to take into account all
of the relevant studies in the record and
rationally determine what weight to give
each study); API v. Costle, 665 F. 2d
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1176, 1187 (DC Cir. 1981) (same). In so
doing, the Administrator does not agree
that this evidence presented by
American Lung Association et al.
warrants a level below 35 µg/m3.
These commenters also identified
several ‘‘new’’ studies in support of
their arguments for a lower level. As
noted above, as in past NAAQS reviews,
EPA is basing the final decisions in this
review on the studies and related
information included in the PM air
quality criteria that have undergone
CASAC and public review, and will
consider the newly published studies
for purposes of decision making in the
next PM NAAQS review. Nonetheless,
in provisionally evaluating commenters’
arguments (see Response to Comments
document), EPA notes that its
provisional assessment of ‘‘new’’
science found that such studies did not
materially change the conclusions in the
Criteria Document.
With regard to the other studies, EPA
notes that neither the Vancouver nor the
Atlanta studies found statistically
significant associations with PM2.5, and
that the Atlanta and California studies
were conducted in areas with 98th
percentile PM2.5 values well above the
proposed level. Thus, EPA concludes
that, taken at face value, these studies
would provide no basis for the
commenters’ claim that they would
require a lower standard level than one
based on the science included in the
Criteria Document.
With regard to considering how the
quantitative risk assessment should
factor into a decision on the standard
level, EPA notes that both groups of
commenters generally consider the risk
assessment in their comments on the
standard level, but they reach
diametrically opposed conclusions as to
what standard level is supported by the
assessment. The general views of both
groups on the implications of the risk
assessment are presented above in
section II.B.2, with one group arguing
that it supports a decision not to revise
either of the current PM2.5 standards,
and the other group arguing that it
supports a decision to revise both PM2.5
standards. More specifically, some of
the medical/environmental health
commenters consider the magnitude of
risk estimated to remain upon meeting
the proposed 24-hour standard as a
strong reason to select a lower level.
These commenters generally assert that
the risks are likely even higher than
EPA’s primary estimates, in part
because EPA incorporated a surrogate
threshold of 10 µg/m3 even though there
is no clear evidence of a threshold in the
relevant time-series studies. On the
other hand, the industry/business
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commenters generally assert that the
risks are likely lower than EPA’s
primary estimates, in part because EPA
did not base its primary estimates on an
assessment that included all statistical
model results presented in the studies.
Having considered comments based on
the quantitative risk assessment from
both groups of commenters, the
Administrator finds no basis to change
the position on the risk assessment that
was taken at the time of proposal. That
is, as discussed above, while the
Administrator recognizes that the risk
assessment rests on a more extensive
body of data and is more comprehensive
in scope than the assessment conducted
in the last review, he is mindful that
significant uncertainties continue to
underlie the resulting quantitative risk
estimates. Further, in the
Administrator’s view, as noted above in
this section, this risk assessment, which
is based on studies that do not resolve
the issue of a threshold, has important
limitations as a basis for standard
setting in this review, since if no
threshold is assumed the assessment
necessarily predicts that ever lower
standards result in ever lower risks.
This has the effect of masking the
increasing uncertainty that exists as
lower levels are considered, even when
a range of assumed thresholds are
considered. As a result, the
Administrator judges that the
quantitative risk assessment does not
provide an appropriate basis for
selecting the level of the 24-hour PM2.5
standard.
After carefully taking the above
comments and considerations into
account, the Administrator has decided
to set the level of the primary 24-hour
PM2.5 standard at 35 µg/m3. In the
Administrator’s judgment, based on the
currently available evidence, a standard
set at this level will protect public
health with an adequate margin of safety
from serious health effects including
premature mortality and hospital
admissions for cardiorespiratory causes
that are likely causally associated with
short-term exposure to PM2.5. A
standard set at a higher level would not
likely result in improvements in air
quality in areas across the country in
which short-term exposure to PM2.5 can
reasonably be expected to be associated
with serious health effects. A standard
set at a lower level would only result in
significant further public health
protection if, in fact, there is a
continuum of health risks down to the
lower end of the ranges of air quality
observed in the key epidemiologic
studies and if the reported associations
are, in fact, causally related to PM2.5 at
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those lower levels. Based on the pattern
of results observed in the available
evidence, the Administrator is not
prepared to make those assumptions.
Taking into account the uncertainties
that remain in interpreting the available
epidemiologic studies, the likelihood of
obtaining benefits to public health
decreases at lower levels while the
likelihood of requiring reductions in
ambient concentrations that go beyond
those that are needed to reduce risks to
public health increases. On balance, the
Administrator does not believe that a
lower standard is necessary to provide
the requisite degree of public health
protection. This judgment by the
Administrator appropriately considers
the requirement for a standard that is
neither more nor less stringent than
necessary for this purpose and
recognizes that the CAA does not
require that primary standards be set at
a zero-risk level, but rather at a level
that reduces risk sufficiently so as to
protect public health with an adequate
margin of safety.
2. Annual PM2.5 Standard
Based on the approach discussed
above at the beginning of section II.F, at
the time of proposal the Administrator
relied upon evidence from the long-term
exposure PM2.5 studies as the principal
basis for selecting the proposed level of
the annual standard. In considering
these studies as a basis for the level of
an annual standard, the Administrator
agreed with the evidence-based focus in
the Staff Paper of looking at the longterm mean PM2.5 concentrations across
the cities included in such long-term
studies. In so doing, the Administrator
recognized that these studies, like the
short-term exposure studies, provide no
evidence of clear effect thresholds or
lowest-observed-effects levels. Thus, in
focusing on the cross-city long-term
mean concentrations in these studies,
the Administrator was seeking to
establish a standard level that will
require improvements in air quality in
areas in which long-term exposure to
PM2.5 can reasonably be expected to be
associated with serious health effects.
Based on the characterization and
assessment of the long-term PM2.5
exposure studies presented in the
Criteria Document and Staff Paper, in
the proposal the Administrator
recognized the importance of the
validation efforts and reanalyses that
have been done since the last review of
the original Six Cities and ACS
mortality studies. These new
assessments provide evidence of
generally robust associations and
provide a basis for greater confidence in
the reported associations than in the last
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review, for example, in the extent to
which they have made progress in
understanding the importance of issues
related to co-pollutant confounding and
the specification of statistical models.
Consistent with the information
available in the last review, these two
key long-term exposure mortality
studies reported long-term mean PM2.5
concentrations across all the cities
included in the studies of 18 and 21 µg/
m3, respectively. The Administrator also
particularly recognized the importance
of the extended ACS mortality study,
published since the last review, which
provides new evidence of mortality
related to lung cancer and further
substantiates the statistically significant
associations with cardiorespiratoryrelated mortality observed in the
original studies.43 The Administrator
noted that the statistically significant
associations reported in the extended
ACS study, in a large number of cities
across the U.S., provide evidence of
effects at a lower long-term mean PM2.5
concentration (17.7 µg/m3) than had
been observed in the original study,
although the relative risk estimates are
somewhat smaller in magnitude than
those reported in the original study. The
assessment in the Criteria Document of
these mortality studies, taking into
account study design, the strength of the
study (in terms of statistical significance
and precision of result), and the
robustness of results, concluded that it
would be appropriate to give the
greatest weight to the reanalyses of the
Six Cities and ACS studies, and in
particular to the results of the extended
ACS study (EPA, 2004a, p. 9–33) in
weighing the evidence of mortality
effects associated with long-term
exposure to PM2.5. Consistent with that
assessment, the Administrator placed
greatest weight on these studies as a
basis for selecting the proposed level of
the annual PM2.5 standard.
In addition to these mortality studies,
the Administrator also recognized the
availability of relevant morbidity
studies providing evidence of
respiratory morbidity, including
decreased lung function growth, in
children with long-term exposure to
PM2.5. Studies conducted in the U.S.
and Canada include the 24-Cities study
considered in the last review and more
recent studies of cohorts of children in
southern California, in which the longterm mean PM2.5 concentrations in all
the cities included in the studies are
43 In the extended ACS study, significant lung
cancer associations were found for those with high
school education or less, but not for those with
better than a high school education. When data are
combined for all education levels, a significant
association is found.
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approximately 14.5 and 15 µg/m3,
respectively. As discussed in section
II.A. of the proposal (71 FR at 2632), in
the 24 Cities study, statistically
significant associations were reported
between long-term fine particle
exposures and lung function measures
at a single point in time, whereas
positive but generally not statistically
significant associations were reported
with prevalence of several respiratory
conditions. As interpreted in the last
review, the results from the 24-Cities
study are uncertain as to the extent to
which the association extends below a
long-term mean PM2.5 concentration of
approximately 15 µg/m3. The more
recent Southern California children’s
cohort study provides evidence of
important respiratory morbidity effects
in children, including evidence for a
new measure of morbidity, decreased
growth in lung function. Reports from
this study suggest that long-term PM2.5
exposure is associated with decreases in
lung function growth, as measured over
a four-year follow-up period, although
statistically significant associations are
not consistently reported. The
Administrator recognized that these are
important new findings, indicating that
long-term PM2.5 exposure may be
associated with respiratory morbidity in
children. However, the Administrator
also observed that this is the only study
reporting decreased lung function
growth, conducted in just one area of
the country, such that further study of
this health endpoint in other areas of
the country would be needed to increase
confidence in the reported associations.
Thus, the Administrator provisionally
concluded that this study provides an
uncertain basis for establishing the level
of a national standard (Id. at 2651).
The Administrator generally agreed
that, as discussed in the Staff Paper
(EPA, 2005, p. 5–22), it was appropriate
to consider a level for an annual PM2.5
standard that is below the averages of
the long-term PM2.5 concentrations
across the cities in the key long-term
exposure mortality studies, recognizing
that the evidence of an association in
any such study is strongest at and
around the long-term average where the
data in the study are most concentrated.
The Administrator was mindful that
considering what standard is requisite
to protect public health with an
adequate margin of safety requires
public health policy judgments that
neither overstate nor understate the
strength and limitations of the evidence
or the appropriate inferences to be
drawn from the evidence. The
Administrator provisionally concluded
that these key mortality studies, together
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with the morbidity studies, provide a
basis for considering a standard level no
higher than 15 µg/m3. This level is
somewhat below the long-term mean
concentrations in the key mortality
studies and consistent with the
interpretation of the evidence from the
morbidity studies discussed above.
Further, in the Administrator’s
provisional view, these studies did not
provide an appropriate basis for
selecting a level lower than the current
standard of 15 µg/m3.
In considering the extent to which the
quantitative risk assessment can help to
inform these judgments with regard to
the annual PM2.5 standard, the
Administrator again recognized that risk
estimates based on simulating the
attainment of standards set at lower
levels, as expected, continue to suggest
some additional reductions in risk at the
lower standard levels considered in the
assessment, and that these estimates
largely depend upon assumptions made
about the lowest level at which reported
associations will likely persist and
remain causal in nature. Thus, the
Administrator was again hesitant to use
such risk estimates as a basis for
proposing a lower annual standard level
than 15 µg/m3, the level that is based
directly on the evidence in the studies
themselves, as discussed above.
Taking the above considerations into
account, the Administrator proposed to
retain the level of the primary annual
PM2.5 standard at 15 µg/m3. In the
Administrator’s judgment at that time,
based on the currently available
evidence, a standard set at this level
would be requisite to protect public
health with an adequate margin of safety
from serious health effects, including
premature mortality and respiratory
morbidity that are likely causally
associated with long-term exposure to
PM2.5. This judgment by the
Administrator appropriately considered
the requirement for a standard that is
neither more nor less stringent than
necessary for this purpose and
recognized that the CAA does not
require that primary standards be set at
a zero-risk level, but rather at a level
that reduces risk sufficiently so as to
protect public health with an adequate
margin of safety.
At the time of proposal, the
Administrator recognized that the
CASAC Panel did not endorse retaining
the annual standard at the current level
of 15 µg/m3 (Henderson, 2005a, p. 7). In
weighing the recommendation of the
CASAC Panel, the Administrator
carefully considered CASAC’s stated
rationale. In discussing its
recommendation (Henderson, 2005a),
the CASAC Panel first noted that
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changes to either the annual or 24-hour
PM2.5 standard, or both, could be
recommended. The Panel then gave
three reasons for placing more emphasis
on lowering the 24-hour standard than
the annual standard: (1) The vast
majority of studies indicating effects of
short-term PM2.5 exposure were carried
out in settings in which PM2.5
concentrations were largely below the
current 24-hour standard level of 65 µg/
m3; (2) the amount of evidence on shortterm exposure effects, at least as
reflected by the number of reported
studies, is greater than for long-term
exposure effects; and (3) toxicologic
findings are largely related to the effects
of short-term, rather than long-term,
exposures. In not endorsing the option
presented in the Staff Paper of retaining
the level of the current annual standard
in conjunction with lowering the 24hour standard, the CASAC Panel
observed that some cities have relatively
high annual PM2.5 concentrations
without much day-to-day variation and
that such cities would only rarely
exceed a 24-hour standard, even if it
were set at a level below the current
standard. In such a city, attaining a 24hour standard would likely have
minimal if any effect on the long-term
mean PM2.5 concentration and
consequently would be less likely to
reduce health effects associated with
long-term exposures. These observations
indicate the desirability of lowering the
level of the annual PM2.5 standard as
well as that of the 24-hour standard, so
as to ensure that revisions to the
standards achieve appropriate
reductions in long-term exposures.
Based on these considerations and
taking into account the results of the
risk assessment, most CASAC Panel
members favored setting an annual
standard in the range of 14 to 13 µg/m3,
along with lowering the 24-hour
standard (Henderson, 2005a, p. 7).
In considering these views, the
Administrator noted that the
appropriateness of setting an annual
standard that would lower annual PM2.5
concentrations in cities across the
country depends upon a policy
judgment as to what annual level is
required to protect public health with
an adequate margin of safety from longterm exposures to PM2.5 in light of the
available evidence. In considering the
evidence of effects associated with longterm PM2.5 exposure as a basis for
selecting an adequately health
protective annual standard, as discussed
above, the Administrator provisionally
concluded that the evidence did not
provide a basis for requiring annual
levels below 15 µg/m3. Thus, the
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Administrator agreed conceptually with
the CASAC Panel that any particular 24hour standard may not result in
reductions in the level of long-term
exposures to PM2.5 in all areas with
relatively higher than typical annual
PM2.5 concentrations and lower than
typical ratios of peak-to-mean values (71
FR 2652). Further, the Administrator
agreed that this general advice
supported relying on the annual
standard, and not the 24-hour standard,
to achieve the appropriate level of
protection from long-term exposures to
PM2.5. However, the Administrator did
not believe that this advice necessarily
translated into a reason for setting the
annual PM2.5 standard at a level below
the current level of 15 µg/m3. As
discussed above, the Administrator
believed that the principal basis for
selecting the appropriate level of an
annual standard should be the evidence
provided by the long-term studies, in
conjunction with judgments concerning
whether and over what range of
concentrations the reported associations
are likely causal, without reliance on
the risk assessment, and that this
evidence reasonably supported retaining
the current level of the annual standard
(Id.).
Reflecting the great importance that
EPA places on the advice of CASAC, the
Administrator solicited broad public
comment on the range of 15 down to 13
µg/m3 the low end of the range
recommended by CASAC for the level of
the annual PM2.5 standard, and on the
reasoning that formed the basis for that
recommendation. The Administrator
recognized that a decision to select a
standard in this range below 15 µg/m3
would place greater weight on the
strength of the associations reported in
the key epidemiologic mortality and
morbidity long-term exposure studies
down to the lower part of the range of
PM2.5 concentrations observed across all
the cities included in these studies.
Such a standard could also reflect
greater reliance on the results of the
quantitative risk assessment that
suggested increased reductions in risk
associated with meeting an annual
standard at such lower levels (Id.).
At the time of proposal, the
Administrator also recognized that
sharply divergent views on the
appropriate level of this standard had
been presented to EPA as part of the
NAAQS review process, and solicited
comments on a wider range of levels,
down to 12 µg/m3 on alternative views
of the appropriate interpretation of the
epidemiologic evidence and related
uncertainties, and on relevant research
that would improve our understanding
of key issues and analytic approaches to
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better inform policy judgments in the
future. As was the case with the 24-hour
PM2.5 standard, the same sharply
divergent views were again expressed
by the two distinct groups of
commenters identified above in section
II.B.2, as discussed below.
In considering comments received on
the proposal, the Administrator first
notes that CASAC requested that EPA
reconsider its proposed decision on the
level of the annual PM2.5 standard and
set the level within the range that
CASAC had previously recommended,
13 to 14 µg/m3 (Henderson, 2006, p.
1).44 In so doing, CASAC reiterated and
elaborated on the scientific basis for its
earlier recommendation (Henderson,
2006, pp. 3–4), which included
consideration of the Agency’s risk
assessment (as ‘‘the primary means of
determining the effects on risk of
changes in the 24-hour and annual
PM2.5 standards in concert’’) as well as
the observations that ‘‘a lower daily
PM2.5 concentration limit alone cannot
be relied on to provide protection
against the adverse effects of higher
annual average concentrations,’’ that
‘‘there is evidence that effects of longterm PM2.5 concentrations occur at or
below the level of the current standard,’’
and that ‘‘short-term effects of PM2.5
persist in cities with annual PM2.5
concentrations below the current
standard’’ down to approximately 13 µg/
m3 (e.g., Burnett and Goldberg, 2003;
Mar et al., 2003; and Lipsett et al.,
1997). The CASAC concluded:
In summary, the epidemiologic evidence,
supported by emerging mechanistic
understanding, indicates adverse effects of
PM2.5 at current annual average levels below
15 µg/m3. The PM Panel realized the
uncertainties involved in setting an
appropriate, health-protective level for the
annual standard, but noted that the
uncertainties would increase rapidly below
the level of 13 µg/m3. That is the basis for
the PM Panel recommendation of a level at
13–14 µg/m3 (Henderson, 2006, p. 4).
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In response to CASAC’s request for
reconsideration, the Administrator has
carefully considered its stated views
and the scientific basis for the range it
recommended. As an initial matter, the
Administrator notes that CASAC’s
recommendation to lower the level of
the annual standard was based in large
measure on the results of the Agency’s
risk assessment, which examined
changes in both the 24-hour and annual
standard levels in concert. In
44 Two PM Panel members did not agree with the
views of the majority, expressing the view that there
was an adequate scientific basis to choose an
annual PM2.5 standard level within the range of 12
to 15 µg/m3 and that the choice of a specific level
within that range was a policy decision (Henderson,
2006, p. 6).
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considering this information
qualitatively, as discussed above in
section II.B, the Administrator believes
that the estimates of risks likely to
remain upon attainment of the current
suite of PM2.5 standards are indicative of
risks that can reasonably be judged to be
important from a public health
perspective, and thus support revision
of the current suite of standards. In
addressing what revisions to the current
suite of PM2.5 standards are appropriate,
the Administrator has determined that
the evidence of health effects associated
with short-term exposure to PM2.5 is
such that it is appropriate to lower the
level of the 24-hour PM2.5 standard (as
discussed in section II.F.1 above).
However, as discussed more fully above,
the Administrator also believes that this
risk assessment has important
limitations as a basis for setting a
standard level in this review, in part
because the available studies do not
resolve questions related to potential
effect thresholds and because of other
important uncertainties noted above in
section II.A.3. As a result, the
Administrator judges that the
quantitative risk assessment does not
provide an appropriate basis for
selecting the level of either the 24-hour
or the annual PM2.5 standard. Thus, the
Administrator more heavily weighs the
implications of the uncertainties
associated with the Agency’s
quantitative risk assessment than
CASAC apparently does, and disagrees
with CASAC that the risk assessment
results appropriately serve as a primary
basis for a decision on the level of the
annual PM2.5 standard.
The CASAC also considered the
evidence from specific short-term
exposure studies as part of the basis for
its recommendation for a lower annual
standard level, pointing to studies
indicating that effects from short-term
exposure of PM2.5 persist in cities with
annual PM2.5 concentrations below the
current standard. While the
Administrator does not disagree with
CASAC’s factual statements regarding
the findings of the studies of short-term
exposure effects, he believes that, based
on the evidence available in this review,
it is more appropriate to consider the
short-term exposure studies as a basis
for the level of the 24-hour standard and
to consider the long-term exposure
studies as a basis for the level of the
annual standard. The Administrator
recognizes that the Agency used
available short-term exposure studies as
the primary basis for setting the level of
a ‘‘generally controlling’’ annual
standard in the last review, with the
purpose that the annual standard would
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provide protection against both shortterm exposures and long-term
exposures, but notes that such a public
health policy choice was made
primarily because the short-term
exposure studies were judged to be the
strongest evidence available at that time
and the evidence from long-term
exposure studies was judged to be too
limited to serve as other than a
secondary consideration in setting the
level of the annual standard. See 62 FR
38675 n. 41 and 38676. In this review,
however, the bodies of evidence for both
short- and long-term exposures have
been substantially extended and
strengthened, such that each PM2.5
standard can appropriately be evaluated
based on the most directly relevant body
of scientific studies, and can be focused
on providing protection from the health
risks evaluated in that body of scientific
studies. The Administrator continues to
believe, consistent with the evidencebased approach presented in the Staff
Paper, that using evidence of effects
associated with periods of exposure that
are most closely matched to the
averaging time of each standard is the
most appropriate public health policy
approach to evaluating the scientific
evidence in selecting the level of each
standard, with each standard designed
to provide protection from the health
risks associated with exposures
reflecting that averaging time. Thus, the
Administrator believes that the 24-hour
standard should be set so as to provide
an appropriate degree of protection from
health effects associated with short-term
exposures to PM2.5, and the annual
standard should be set so as to provide
an appropriate degree of protection from
health effects associated with long-term
exposures to PM2.5. In determining the
level of each standard, the
Administrator believes it is appropriate
to rely on the short-term studies for
purposes of determining the level of the
24-hour standard, and the long-term
studies for purposes of determining the
level of the annual standard.45
Therefore, the Administrator does not
believe that evidence from short-term
exposure studies is an appropriate basis
for selecting any different level of the
annual standard in this review than that
selected based on the long-term
exposure evidence. The EPA has instead
45 This is consistent with the approach taken in
the Staff Paper, sections 5.3.4.1 and 5.3.5.1, for
evaluating the evidence-based considerations
related to setting the standards. The CASAC’s letter
of June 6, 2005 states that the Second Draft of the
Staff Paper was ‘‘Scientifically well-reasoned,’’ with
the exception of a section not relevant to the fine
PM (Henderson, 2005a, pp. 1–2). The CASAC’s
general view thus includes this evidence-based
approach presented in the Staff Paper.
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evaluated these short-term exposure
studies in the context of determining the
appropriate level for the 24-hour
standard.
Finally, CASAC also expressed the
view that there is evidence that effects
of long-term PM2.5 concentrations occur
at or below the level of the current
standard. While the Administrator
agrees that any such evidence would be
directly relevant to his decision on the
level of the annual PM2.5 standard,
CASAC did not provide any specific
information as to what studies it felt
provided such evidence nor the
considerations that played a role in its
interpretation of the studies, including
its assessment of the uncertainties
inherent in any such studies.46 As
discussed below, the Administrator has
considered the available studies of longterm exposure to PM2.5, together with
the uncertainties inherent in that body
of evidence, to reach his final decision
on the level of the annual standard.
However, since CASAC did not provide
any more specific statements as to its
assessment of such mortality or
morbidity studies, the Administrator
cannot determine in what ways his
judgments about that evidence may
differ from CASAC’s views.47 Lacking
such specific statements to support
CASAC’s view that there is evidence
that effects of long-term PM2.5
concentrations occur at or below the
level of the current standard, the
Administrator cannot discern a clear
line of scientific reasoning that would
preclude the current level of 15 µg/m3
from being a reasonable policy choice
based on the most relevant available
evidence on the health effects of longterm exposures to PM2.5.
As noted above, EPA received other
comments on the proposal from two
distinct groups of commenters. One
group that included virtually all
commenters representing industry
associations and businesses agreed with
the Agency’s proposed decision not to
revise the level of the annual PM2.5
standard. The other group of
commenters included many medical
groups, numerous physicians and
academic researchers, many public
health organizations, many States, and a
large number of individual commenters.
46 The EPA does not believe that CASAC based
this statement on the evidence it cites concerning
effects associated with the long-term means of the
short-term studies. These studies address effects
from short-term exposures, and do not address
effects from long-term exposures.
47 The CASAC did express the view that although
the ‘‘new’’ scientific literature that was not
included in the Criteria Document appears to
support its findings, that literature was not needed
to support its recommendation of a lower annual
standard level (Henderson, 2006, p. 6).
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They strongly disagreed with the
Agency’s proposed decision and argued
that EPA should lower the level of the
annual PM2.5 standard. While some of
these commenters felt that the level
should be set within the range
recommended by CASAC, most such
commenters advocated a level of 12 µg/
m3. These commenters largely based
their views on the same general
considerations put forward by CASAC
as a basis for its recommendation to
lower the level of the annual PM2.5
standard. To the extent that these
commenters, like CASAC, relied upon
the Agency’s risk assessment or the
evidence from short-term exposure
studies as a basis for their views, their
comments are addressed above.
Comments that address how specific
long-term PM2.5 exposure studies should
be considered as a basis for the level of
the annual PM2.5 standard are addressed
below.
A few commenters offered detailed
comments on the key long-term
exposure PM2.5 mortality studies
discussed in the proposal, including the
original analyses and reanalyses of the
ACS and Six Cities cohorts and the
extended ACS cohort study. In general,
some medical/public health/researcher/
State commenters expressed the view
that EPA has downplayed the results of
these studies to the extent that they
provide evidence of effects below the
level of the current standard. For
example, American Lung Association et
al. and Schwartz (2006) asserted that the
ACS cohort study and the HEI
reanalysis provide direct evidence of
premature mortality associated with
annual exposures below 15 µg/m3 based
on plots of the concentration-response
function between long-term exposure to
PM2.5 and risk of dying across 50 U.S.
metropolitan areas that show no
substantial deviation from linear, nonthreshold relationships down through
levels well below 15 µg/m3. These
commenters did not, however, discuss
the uncertainties inherent in this type of
epidemiologic study or the implications
of these uncertainties on their
interpretation of the results.
In contrast, some industry/business
commenters (e.g., Pillsbury et al.;
Annapolis Center; UARG) emphasized
that uncertainties remain in interpreting
these studies with regard to issues such
as potential confounding by copollutants, especially SO2, modeling to
address spatial correlations in the data,
and effect modification by education
level or socioeconomic status. In
addition, some industry/business
commenters raised additional questions
about the appropriate interpretation of
these key studies in light of other
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studies, which EPA did not rely on, that
provided either mixed or no evidence of
PM2.5-mortality associations, and in
light of their view that the studies that
EPA relied on report implausibly large
effect estimates.
In considering these commenters’
sharply divergent assessments of the key
mortality studies, the Administrator
continues to believe that these studies
provide strong evidence of an
association between long-term exposure
to PM2.5 and mortality. However, the
Administrator believes that the
remaining uncertainties weigh against
reaching the conclusion that the level of
the annual PM2.5 standard should be
lowered on the basis of these studies. In
reaching this conclusion, the
Administrator notes that even though
the long-term average PM2.5
concentration across the cities in the
extended ACS study (17.7 µg/m3) is
lower than in the original study (21 µg/
m3), the level of the current standard is
still appreciably below the long-term
average of the extended ACS study and
that of the Six Cities study (18 µg/m3).
In commenting on alternative
approaches to interpreting the study
results as a basis for setting a standard
level, American Lung Association et al.
expressed the view that the level of the
standard should more appropriately be
based on the concentration that is one
standard deviation below the cross-city
long-term average in each relevant longterm exposure study. In considering
such an approach, the Administrator
notes that while that approach would by
definition lead to a more precautionary
standard, there is no basis for
concluding that it is a more
scientifically defensible approach or
that it is more appropriate in this case
where a number of key uncertainties in
the evidence remain to be addressed in
future research, and where the basic
decision is a judgment by the
Administrator as to what level is neither
more nor less stringent than is necessary
to protect public health with an
adequate margin of safety. The
Administrator continues to believe that
it is reasonable to base the decision on
the standard level on long-term average
PM2.5 concentrations in the key longterm exposure studies, because the
evidence of an association in any such
study is strongest at and around the
long-term average where the data in the
study are most concentrated (71 FR
2651).
Both groups of commenters also
identified several ‘‘new’’ mortality
studies not included in the Criteria
Document in support of their various
views. As noted above in Section I.C, as
in past NAAQS reviews, EPA is basing
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the final decisions in this review on the
studies and related information
included in the PM air quality criteria
that have undergone CASAC and public
review, and will consider the newly
published studies for purposes of
decision making in the next PM NAAQS
review. Nonetheless, in provisionally
evaluating commenters’ arguments (see
Response to Comments document), EPA
notes that its provisional assessment of
‘‘new’’ science found that such studies
did not materially change the
conclusions in the Criteria Document.
Some commenters who supported a
lower annual standard level also
asserted that EPA failed to adequately
consider long-term exposure PM2.5
morbidity studies, especially studies of
effects in children. For example, the
Children’s Health Protection Advisory
Committee and other commenters noted
that studies by Razienne et al. (1996)
and Gauderman et al. (2002, 2004)
showed effects on children’s lung
function at long-term cross-city average
PM2.5 concentrations of 14.5 µg/m3 and
15 µg/m3, respectively. The proposal
notice included a careful discussion of
the 24-Cities study (Razienne et al.,
1996) and the earlier Southern
California children’s health study
(Gauderman et al., 2000, 2002), studies
which were included in the Criteria
Document,48 and explained the basis for
the Administrator’s provisional
conclusion that these studies provide an
uncertain basis for establishing the level
of a national standard (71 FR 2651).
These commenters offered no
information that would change the
Administrator’s judgment with regard to
these studies.49 In addition, the
Children’s Health Advisory Committee
also cited several studies of ‘‘trafficrelated’’ pollution (van Vliet et al., 1997;
Brunekreef et al., 1997; Kim et al.,
2004 50) as showing associations
between fine particles and adverse
respiratory outcomes, including asthma
in children who live near major
roadways, with mean annual average
fine particle concentrations near and
below 15 µg/m3.
In considering these comments, EPA
first notes that studies of traffic-related
pollution generally do not disentangle
potential effects of fine particles from
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48 The
Gaudermann et al. (2004) study cited by
these commenters is a ‘‘new’’ study, and EPA’s
provisional consideration of this study is discussed
in the Response to Comments document.
49 The Administrator notes that CASAC’s letter of
March 21, 2006 did not note any objection to his
views on these morbidity studies as discussed in
the proposal, or provide any reason to reconsider
such views (Henderson, 2006).
50 Kim et al. (2004) is a ‘‘new’’ study and EPA’s
provisional consideration of this study is discussed
in the Response to Comments document.
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those of other traffic-related pollutants,
and thus provide an uncertain basis for
establishing the level of a PM2.5
standard. Further, two of the studies
cited by this commenter are ‘‘new’’
studies not included in the Criteria
Document. As discussed above in
section I.C, EPA is basing the final
decisions in this review on the studies
and related information included in the
PM air quality criteria that have
undergone CASAC and public review,
and will consider the newly published
studies for purposes of decision making
in the next PM NAAQS review.
The CARB and some other
commenters who supported a lower
annual standard level discussed the
rationale used by the CARB in deciding
to set the State’s annual PM2.5 standard
at a level of 12 µg/m3. Some of these
commenters also pointed to the World
Health Organization’s annual PM2.5
guideline value of 10 µg/m3 in support
of their view that the scientific evidence
supports an annual PM2.5 standard in
the U.S. at a level no higher than 12 µg/
m3. In considering these comments, the
Administrator notes that his decision is
constrained by the provision of the CAA
that requires that the NAAQS be
requisite to protect public health with
an adequate margin of safety. This
requires that his judgment is to be based
on an interpretation of the evidence that
neither overstates nor understates the
strength and limitations of the evidence,
or the appropriate inferences to be
drawn from the evidence. This is not the
same legal framework that governs the
standards set by the State of California
or the guidelines established by a
working group of scientists within the
World Health Organization.51 Thus, the
Administrator does not agree that the
California standard or the WHO
guideline provide an appropriate basis
for setting the level of the annual PM2.5
NAAQS in the U.S.
The Administrator further stresses, as
explained at proposal, that he is placing
the greatest weight in determining the
level of the annual standard on the longterm means of the levels associated with
mortality effects in the two key longterm studies in the record, the ACS and
Six Cities studies (71 FR at 2651). The
ACS and Six Cities studies are the two
key long-term studies in this review,
taking into account both ‘‘study design,
51 For example, the California statute does not
refer to setting a standard that is ‘‘requisite’’ to
protect, as that term is used in the CAA, and
California, unlike EPA, may take economic impacts
into consideration in setting air quality standards.
In addition, as with the WHO guidelines, the
standards appear to be more in the nature of goals
as compared to binding requirements that must be
met.
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strength of the study (in terms of
statistical significance and precision of
result), and the consistency and
robustness of results’’ (71 FR 2651), and
also the comprehensive reanalyses of
these studies, which involved
replication, validation, and sensitivity
analyses. These reanalyses replicated
the original results and confirmed the
associations noted in the original
studies (EPA 2005, p. 3–17). The
Administrator has taken into account all
the relevant studies but in evaluating
the strengths and weaknesses of the
various studies has determined that the
greatest weight should be placed on
these key studies, as compared to other
studies, in determining the level of the
annual standard. As discussed above,
the level of the current annual standard
is appropriate as it is appreciably below
the long-term average of these key
studies. This standard is also basically
at the same level as the long-term
average in the two morbidity studies,
the 24 Cities study and the Southern
California children’s cohort study.
These morbidity studies provide an
uncertain basis for setting the level of
the national standard, and, therefore, in
the judgment of the Administrator do
not warrant setting a lower level for the
annual standard than the level
warranted based on the key mortality
studies.52
After carefully taking the above
comments and considerations into
account, the Administrator has decided
to retain the level of the primary annual
PM2.5 standard at 15 µg/m3. In the
Administrator’s judgment, based on the
currently available evidence, a standard
set at this level would be requisite to
protect public health with an adequate
margin of safety from serious health
effects including premature mortality
and respiratory morbidity that are likely
causally associated with long-term
exposure to PM2.5. A standard set at a
lower level would only result in
significant further public health
protection if, in fact, there is a
continuum of health risks in areas with
long-term average PM2.5 concentrations
that are well below the cross-city longterm average concentrations observed in
52 The EPA is not required to base the level of the
standard on either the highest or lowest level from
any one study. Rather, the Administrator must
‘‘make an informed judgment based on available
evidence.’’ American Petroleum Inst v. Costle, 665
F. 2d at 1187; NRDC v. EPA, 902 F. 2d at 971. Such
an informed judgment can result in higher levels
than shown in some of the studies in the record.
See, e.g. NRDC v. EPA, 902 F. 2d at 971 (upholding
1987 PM10 annual standard selected from ‘‘near the
middle of the ‘range of interest’ ’’); API v. Costle,
665 F. 2d at 1187 (upholding 1979 hourly standard
for ozone selected at level higher than a number of
studies in the record).
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the key epidemiologic studies and if the
reported associations are, in fact,
causally related to PM2.5 at those lower
levels. Based on the available evidence,
the Administrator is not prepared to
make these assumptions. As was the
case in considering the 24-hour PM2.5
standard, taking into account the
uncertainties that remain in interpreting
the available long-term exposure
epidemiologic studies, the likelihood of
obtaining benefits to public health
decreases with a standard set below the
current level, while the likelihood of
requiring reductions in ambient
concentrations that go beyond those that
are needed to reduce risks to public
health increases. On balance, the
Administrator does not believe that a
lower standard is needed to protect
public health with an adequate margin
of safety. This judgment by the
Administrator appropriately considers
the requirement for a standard that is
neither more nor less stringent than
necessary for this purpose and
recognizes that the CAA does not
require that primary standards be set at
a zero-risk level, but rather at a level
that reduces risk sufficiently so as to
protect public health with an adequate
margin of safety.
G. Final Decisions on Primary PM2.5
Standards
For the reasons discussed above, and
taking into account the information and
assessments presented in the Criteria
Document and Staff Paper, the advice
and recommendations of CASAC,
including its request to reconsider parts
of the proposal, and public comments
received on the proposal, the
Administrator is revising the current
primary PM2.5 standards. The suite of
standards as revised will provide
increased protection from the health
risks associated with exposure to PM2.5,
and in the judgment of the
Administrator will be requisite to
protect public health with an adequate
margin of safety.
Specifically, the Administrator is
making the following revisions:
(1) The level of the primary 24-hour
PM2.5 standard is revised to 35 µg/m3.
(2) The form of the primary annual
PM2.5 standard is revised with regard to
the criteria for spatial averaging, such
that averaging across monitoring sites is
allowed if the annual mean
concentration at each monitoring site is
within 10 percent of the spatially
averaged annual mean, and the daily
values for each monitoring site pair
yield a correlation coefficient of at least
0.9 for each calendar quarter. Data
handling conventions for the revised
standards are specified in revisions to
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Appendix N, as discussed below in
section V, and minor revisions to the
reference method for monitoring PM as
PM2.5 are specified in Appendix L, as
discussed below in section VI.
In a related rule on ambient air
monitoring regulations (40 CFR Parts 53
and 58) published elsewhere in today’s
Federal Register, EPA is revising the
requirements for reference and
equivalent method determinations for
fine particle monitors, monitoring
network descriptions and periodic
assessments, quality assurance, and data
certification.
Issues related to the implementation
of revised PM2.5 standards are discussed
below in section VII. The EPA plans to
propose related revisions to the Air
Quality Index for PM2.5 at a later date.
III. Rationale for Final Decisions on
Primary PM10 Standards
A. Introduction
1. Overview
This section presents the
Administrator’s final decisions on the
review of the primary NAAQS for PM10.
The rationale for the final decisions on
the primary PM10 NAAQS includes
consideration of: (1) Evidence of health
effects related to short- and long-term
exposures to thoracic coarse particles;
(2) insights gained from a quantitative
risk assessment prepared by EPA; and
(3) specific conclusions regarding the
need for revisions to the current
standards and the elements of standards
for thoracic coarse particles (i.e.,
indicator, averaging time, form, and
level) that, taken together, would be
requisite to protect public health with
an adequate margin of safety.
In developing this rationale, EPA has
taken into account the information
available from a growing, but still
limited, body of evidence on health
effects associated with thoracic coarse
particles from studies that use PM10–2.5
as a measure of thoracic coarse particles.
The EPA has drawn upon an integrative
synthesis of the body of evidence on
associations between exposure to
ambient thoracic coarse particles and a
range of health endpoints (EPA, 2004a,
Chapter 9), focusing on those health
endpoints for which the Criteria
Document concludes that the
associations are suggestive of possible
causal relationships. In its policy
assessment of the evidence judged to be
most relevant to making decisions on
elements of the standards, EPA has
placed greater weight on U.S. and
Canadian epidemiologic studies using
thoracic coarse particle measurements,
since studies conducted in other
countries may well reflect different
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61177
demographic and air pollution
characteristics.
While there is little question that
particles in the thoracic coarse particle
size range can present a risk of adverse
effects to the most sensitive regions of
the respiratory tract at sufficient
exposure levels, the characterization of
health effects attributable to various
levels of exposure to ambient thoracic
coarse particles is subject to
uncertainties that are markedly greater
than is the case for fine particles. As
summarized below, however, there is a
growing body of evidence available
since the last review of the PM NAAQS,
with important new information coming
from epidemiologic, toxicologic, and
dosimetric studies. Moreover, the newly
available research studies have
undergone intensive scrutiny through
multiple layers of peer review and
extended opportunities for public
review and comment. While important
uncertainties remain, the review of the
health effects information has been
extensive and deliberate. In the
judgment of the Administrator, this
intensive evaluation of the scientific
evidence provides an adequate basis for
making final regulatory decisions at this
time.
In addition, this review has already
provided important input to EPA’s
research and monitoring plans for
improving our future understanding of
the relationships between exposures to
ambient thoracic coarse particles and
health effects. As discussed in the
proposal, the epidemiological evidence
available in this review is almost
entirely based on measurements of
undifferentiated PM10–2.5 mass, without
regard to the composition of thoracic
coarse particles. Yet both fundamental
toxicological considerations and the
limited data available on this issue
strongly suggest that the health effects
could vary significantly depending
upon the composition of the ambient
coarse particle mix. The goal of the
Agency’s research and monitoring
programs going forward is to provide
scientific advances that will enable
future PM NAAQS reviews to make
more informed decisions that will
provide more effective and efficient
protection against the effects of those
coarse particles and related source
emissions that prove to be of concern to
public health.
The health effects information and
human risk assessment were
summarized in sections III.A and III.B of
the proposal and are only briefly
outlined in subsections III.A.2 and 3
below. Subsequent sections provide a
more complete discussion of the
Administrator’s rationale, in light of key
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issues raised in public comments, for
his decision to retain the current 24hour primary PM10 standard and to
revoke the current annual PM10
standard. Specifically, these sections
present a more complete discussion of
the Administrator’s rationale regarding
the need to maintain protection against
the health effects of coarse particles
(section III.B) as well as the rationale for
the decisions regarding specific
elements of the primary PM10 standards
including indicator (section III.C); and
averaging time, level and form (section
III.D).
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2. Overview of Health Effects Evidence
The first PM NAAQS (36 FR 8186)
used an indicator based solely on a
preexisting monitor for total suspended
particles (TSP) that was not designed to
focus on particles of greatest risk to
health. In preparing for the initial
review of those standards, EPA placed
a major emphasis on developing a new
indicator that considered the significant
amount of evidence on particle size,
composition, and relative risk of effects
from penetration and deposition to the
major regions of the respiratory tract
(Miller et al., 1979). The development
and assessment of these lines of
evidence in the PM Criteria Document
and PM Staff Paper published between
1979 and 1986 culminated in revised
standards for PM that used PM10 as the
indicator (52 FR 24634). The major
conclusion from that review, which
remained unchanged in the 1997
review, was that ambient particles
smaller than or equal to 10 µm in
aerodynamic diameter are capable of
penetrating to the deeper ‘‘thoracic’’ 53
regions of the respiratory tract and
present the greatest concern to health
(61 FR 65648). While considerable
advances have been made, the available
evidence in this review continues to
support the basic conclusions reached
in the 1987 and 1997 reviews regarding
penetration and deposition of fine and
thoracic coarse particles. As discussed
in the Criteria Document, both fine and
thoracic coarse particles penetrate to
and deposit in the alveolar and
tracheobronchial regions. For a range of
typical ambient size distributions, the
total deposition of thoracic coarse
particles to the alveolar region can be
comparable to or even larger than that
for fine particles. For areas with
appreciable coarse particle
53 The ‘‘thoracic’’ regions of the respiratory tract
are located in the chest (thorax) and are comprised
of the tracheo-bronchial region with connecting
airways and the alveolar, or gas-exchange region of
the lung. For ease of communication, ‘‘thoracic’’
particles penetrating to these regions are often
called ‘‘inhalable’’ particles.
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concentrations, thoracic coarse particles
would tend to dominate particle
deposition to the tracheobronchial
region for mouth breathers (EPA, 2004a,
p. 6–16). Deposition of particles to the
tracheobronchial region is of particular
concern with respect to aggravation of
asthma.
In the last review, little new
toxicologic evidence was available on
potential effects of thoracic coarse
particles and there were few
epidemiologic studies that had included
direct measurements of thoracic coarse
particles. Evidence of associations
between health outcomes and PM10 that
were conducted in areas where PM10
was predominantly composed of
thoracic coarse particles was an
important part of EPA’s basis for
reaching conclusions about the requisite
level of protection from coarse particles
provided by the final standards. The
new studies available in this review
include epidemiologic studies that have
reported associations with health effects
using direct measurements of PM10–2.5,
as well as new dosimetric and
toxicologic studies.
Section III.A of the proposal further
outlines key information contained in
the Criteria Document (Chapters 6–9)
and the Staff Paper (Chapter 3) on
known or potential effects associated
with exposure to thoracic coarse
particles and their major constituents.
The information highlighted there
includes:
(1) New information available on
potential mechanisms for health effects
associated with exposure to thoracic
coarse particles or their constituents.
(2) The nature of the effects that have
been associated with short-term
exposures to ambient thoracic coarse
particles, particularly in urban and
industrial settings, including
aggravation of respiratory and
cardiovascular disease (as indicated by
increased hospital admissions),
increased respiratory symptoms in
children, and premature mortality.
(3) An integrative assessment of the
evidence on health effects related to
thoracic coarse particles, with an
emphasis on the key issues raised in
assessing the available communitybased epidemiologic studies, including
alternative interpretations of the
evidence, both for individual studies
and the evidence as a whole.
(4) Subpopulations that appear to be
sensitive to effects from exposure to
thoracic coarse particles, specifically
including individuals with preexisting
lung diseases such as asthma, and
children and older adults.
(5) Conclusions, based on the
magnitude of these subpopulations and
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risks identified in health studies
conducted in urban and industrial areas,
that exposure to ambient thoracic coarse
particles can have an important public
health impact.
The summary of the health effects
evidence related to ambient coarse
particles in the proposal will not be
repeated here. The EPA emphasizes that
the final decisions on these standards
take into account the more
comprehensive and detailed discussions
of the scientific information on these
issues contained in the Criteria
Document and Staff Paper, which were
reviewed by the CASAC and the public.
For reasons summarized in section I.C
above, EPA is not relying on studies
published after completion of the
Criteria Document as a basis for
reaching final decisions on these
standards.
3. Overview of Quantitative Risk
Assessment
The general overview and discussion
of key components of the risk
assessment used to develop risk
estimates for PM2.5 presented in section
II.A above is also applicable to the
assessment done for PM10–2.5 in this
review. However, the scope of the risk
assessment for PM10–2.5 is much more
limited than that for PM2.5, reflecting the
much more limited body of
epidemiologic evidence and air quality
information available for PM10–2.5. As
discussed in chapter 4 of the Staff
Paper, the PM10–2.5 risk assessment
includes risk estimates for just three
urban areas for two categories of health
endpoints related to short-term
exposure to PM10–2.5: hospital
admissions for cardiovascular and
respiratory causes, and respiratory
symptoms.
Estimates of hospital admissions
attributable to short-term exposure to
PM10–2.5 have been developed for Detroit
(cardiovascular and respiratory
admissions) and Seattle (respiratory
admissions), and estimates of
respiratory symptoms have been
developed for St. Louis.54 While one of
the goals of the PM10–2.5 risk assessment
was to provide estimates of the risk
reductions associated with just meeting
alternative PM10–2.5 standards, the
nature and magnitude of the
uncertainties and concerns associated
with this portion of the risk assessment
weigh against use of these risk estimates
as a basis for recommending specific
standard levels (EPA, 2005, p. 5–69).
54 Quantitative risk estimates associated with
recent air quality levels for these three cities are
presented in Figures 4–11 and 4–12 of the Staff
Paper.
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These uncertainties and concerns are
summarized in section III.B of the
proposal and discussed more fully in
the Staff Paper (Chapter 4) and the
technical support document (Abt
Associates, 2005).
B. Need for Revision of the Current
Primary PM10 Standards
As presented in the proposal, taking
into account both the nature of recent
scientific evidence and legal
considerations, this review of the
primary PM10 standards has focused on
whether to revise the indicator for
thoracic coarse particles, and on the
appropriate level, form and averaging
time for any revised indicator. The basis
for reaching a final decision on the
indicator, as well as other facets of the
standards, is presented below in
sections III.C and III.D. This section
provides an overview of the
considerations that led to the
Administrator’s provisional conclusion,
at the time of proposal, that it would be
appropriate to revise the PM10 standards
by adopting a new indicator (PM10–2.5).55
The section then presents a summary of
public comments concerning whether
the available evidence supports
retention, revision, or revocation of
standards to protect against exposure to
thoracic coarse particles. For the reasons
discussed below, the Administrator has
concluded, consistent with CASAC and
Staff Paper recommendations and
conclusions drawn at the time of
proposal, that continued protection
against health effects associated with
short-term exposure to thoracic coarse
particles is requisite. However, EPA
notes that, having considered the issues
raised in extensive public comment on
the proposal, the Administrator’s final
decision differs from that in the
proposal regarding whether it is
appropriate to revise the indicator in
order to retain protection from coarse
particles. This section, and the
subsequent section on indicator, outline
the rationale presented at the time of the
proposal, and then describe how the
Administrator has reached a different
conclusion in his final decision.
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1. Overview of the Proposal
The initial issue addressed in the
current review of the primary PM10
standards was whether, in view of the
advances in scientific knowledge
reflected in the Criteria Document and
Staff Paper, the current standards
55 The Administrator also proposed qualifications
to the indicator, and corresponding revisions to the
level and form of the 24-hour standard to provide
protection that is generally equivalent to that
afforded by the PM10 standard, and to revoke the
annual PM10 standard.
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should be revised. The Staff Paper
addressed this question by first
considering the conclusions reached in
the last review, the subsequent litigation
of that decision, and the nature of the
new information available in this
review.
In 1997, in conjunction with
establishing new PM2.5 standards, EPA
concluded that continued protection
against potential effects associated with
thoracic coarse particles in the size
range of 2.5 to 10 µm was warranted
based on particle dosimetry, toxicologic
information, and limited epidemiologic
evidence from studies that measured
PM10 in areas where coarse particles
were likely to dominate the distribution
(62 FR 38677). This information
indicated that thoracic coarse particles
can deposit in those regions of the lung
of most concern (i.e., the
tracheobronchial and alveolar regions,
which together make up the thoracic
region),56 and that they can be expected
to aggravate effects in individuals with
asthma and contribute to increased
upper respiratory illness (62 FR 38666–
8).
Further, EPA decided that the new
function of PM10 standard(s) would be
to provide such protection against
effects associated with particles in the
narrower size range between 2.5 to 10
µm. Although some consideration had
been given to a more narrowly defined
indicator that did not include fine
particles (e.g., PM10–2.5), EPA decided
that it was more appropriate to continue
to use PM10 as the indicator for
standards to control thoracic coarse
particles. This decision was based in
part on the recognition that the only
studies of clear quantitative relevance to
health effects most likely associated
with thoracic coarse particles used PM10
in areas where the coarse fraction was
the dominant fraction of PM10, namely
two studies conducted in areas that
substantially exceeded the 24-hour PM10
standard (62 FR 38679). The decision
also reflected the fact that there were
only very limited ambient air quality
data then available specifically on
thoracic coarse particles (i.e. PM10–2.5),
in contrast to the extensive monitoring
network already in place for PM10. In
essence, EPA concluded at that time
that it was appropriate to continue to
control thoracic coarse particles, but
56 EPA further concluded at that time that the
risks of adverse health effects associated with
deposition of particles in the thoracic region are
‘‘markedly greater than for deposition in the
extrathoracic (head) region,’’ and that risks from
extrathoracic deposition are ‘‘sufficiently low that
particles which deposit only in that region can
safely be excluded from the standard indicator’’ (62
FR 38666).
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that the only information available upon
which to base such standards was
indexed in terms of PM10.
In subsequent litigation regarding the
1997 PM NAAQS revisions, however,
the U.S. Court of Appeals (D.C. Circuit)
held in part that EPA had not provided
a reasonable explanation justifying use
of PM10 as an indicator for thoracic
coarse particles. ATA I, 175 F.3d at
1054–55. Although the court found
‘‘ample support’’ (id. at 1054) for EPA’s
decision to regulate thoracic coarse
particles, it vacated the 1997 revised
PM10 standards. The result of
subsequent EPA actions, discussed
above in section I.C, is that the 1987
PM10 standards remain in place (65 FR
80776, 80777, Dec. 22, 2000) and the
present review is consequently of those
1987 standards.
In this review, the Staff Paper focused
on the recent information available in
the Criteria Document from a growing,
but still limited, body of evidence on
health effects associated with thoracic
coarse particles from studies that use
PM10–2.5 as the measure of thoracic
coarse particles. In addition, there is
now much more information available
to characterize air quality in terms of
PM10–2.5 than was available in the last
review. In considering this information,
the Staff Paper found that the major
considerations that formed the basis for
EPA’s 1997 decision to retain PM10 as
the indicator for thoracic coarse
particles, rather than a more narrowly
defined indicator that does not include
fine particles, no longer apply. More
specifically, staff concluded that the
continued use of PM10 as an indicator
for standards intended to protect against
health effects associated with thoracic
coarse particles was no longer necessary
since the information available in the
Criteria Document could support the
use of a more directly relevant indicator,
PM10–2.5. Further, staff concluded that
continuing to rely principally on health
effects evidence indexed by PM10 to
determine the appropriate averaging
time, form, and level of a standard was
no longer necessary or appropriate since
a number of more directly relevant
studies, indexed by PM10–2.5, were
available. Thus, the Staff Paper
concluded that it was appropriate to
revise the current PM10 standards in
part by revising the indicator for
thoracic coarse particles, and by basing
any such revised standard principally
on the currently available evidence and
air quality information indexed by
PM10–2.5, but also considering evidence
from studies using PM10 in locations
where PM10–2.5 was the predominant
fraction (EPA, 2005, section 5.4.1). As
noted in the introduction to this section,
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having considered public comments on
this issue, EPA has reached different
conclusions regarding the
appropriateness of revising the current
indicator in this final decision; this is
described in more detail below in
section III.C.
Recognizing that dosimetric evidence
formed the basis for the initial
establishment of the PM10 indicator in
1987 and supported the decision in
1997 to retain the PM10 indicator, the
Staff Paper also considered whether
currently available dosimetric evidence
continues to support the basic
conclusions reached in those reviews of
the standards. In particular,
consideration was given to available
information about patterns of
penetration and deposition of thoracic
coarse particles in the sensitive thoracic
region of the lung and to whether an
aerodynamic size of 10 µm remains a
reasonable separation point for particles
that penetrate and potentially deposit in
the thoracic regions. The Staff Paper
concluded that while considerable
advances have been made in
understanding particle dosimetry, the
available evidence continues to support
those basic conclusions from past
reviews. More specifically, both fine
particles, indexed by PM2.5, and thoracic
coarse particles, indexed by PM10–2.5,
penetrate to and deposit in the thoracic
regions. Further, for a range of typical
ambient size distributions, the total
deposition of thoracic coarse particles to
the alveolar region can be comparable to
or even larger than that of fine particles
(EPA, 2004a, p. 6–16).
Beyond the dosimetric evidence, as
noted in past reviews (EPA, 1982,
1996b), toxicologic studies show that
the deposition of a variety of particle
types in the tracheobronchial region,
including resuspended urban dust and
coarse-fraction organic materials, has
the potential to affect lung function and
aggravate respiratory symptoms,
especially in asthmatics. Of particular
note are limited toxicologic studies that
found urban road dust can produce
cellular and immunological effects (e.g.,
Kleinman et al., 1995; Steerenberg et al.,
2003).57 In addition, some very limited
in vitro toxicologic studies show some
evidence that coarse particles may elicit
pro-inflammatory effects (EPA, 2004a,
section 7.4.4). Further, the Staff Paper
assessment of the physicochemical
properties and occurrence of ambient
coarse particles suggests that both the
chemical makeup and the spatial
57 The
Criteria Document notes that toxicologic
studies, in general, use exposure concentrations
that are generally much higher than ambient
concentrations (EPA, 2004a, p. 9–51).
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distribution of coarse particles are likely
to be more heterogeneous than for fine
particles (EPA, 2005, chapter 2). In
particular, as discussed below in section
III.C, coarse particles in urban areas can
contain all of the components found in
more rural areas, but can also be
contaminated by a number of additional
materials, from motor-vehicle-related
emissions to metals and transition
elements associated with industrial
operations. The Staff Paper concluded
that the weight of the dosimetric,
limited toxicologic, and atmospheric
science evidence, taken together, lends
support to the plausibility of the
PM10–2.5-related effects reported in the
urban epidemiologic studies discussed
below, and provides support for
retaining some standard for thoracic
coarse particles so as to continue
programs to protect public health from
such effects (EPA, 2005, p. 5–49).58
The available epidemiologic evidence,
discussed in section III.A of the
proposal, includes studies of
associations between short-term
exposure to thoracic coarse particles,
indexed by PM10–2.5, and health
endpoints. More specifically, several
U.S. and Canadian studies now provide
evidence of associations between shortterm exposure to PM10–2.5 and various
morbidity endpoints. Three such studies
conducted in Toronto (Burnett et al.,
1997), Seattle (Sheppard, 2003), and
Detroit (Ito, 2003) report statistically
significant associations between shortterm PM10–2.5 exposure and respiratoryand cardiac-related hospital admissions,
and a fourth study (Schwartz and Neas,
2000), conducted in six U.S. cities
(Boston, St. Louis, Knoxville, Topeka,
Portage, and Steubenville), reports
statistically significant associations
across these six areas with respiratory
symptoms in children. These studies
were mostly done in areas in which
PM2.5, rather than PM10–2.5, is the larger
fraction of ambient PM10, and they are
not representative of areas with
relatively high levels of thoracic coarse
particles (EPA, 2005, p. 5–49).
In evaluating the epidemiologic
evidence from health studies on
associations between short-term
exposure to PM10–2.5 and mortality, the
Criteria Document concluded that such
evidence was ‘‘limited and clearly not
as strong’’ as that for associations with
PM2.5 or PM10 but nonetheless was
suggestive of associations with mortality
(EPA, 2004a, p. 9–28, 9–32). Statistically
significant mortality associations were
58 Eventually, as a result of the data that will be
gathered under EPA’s new research and monitoring
plan , the Agency may be able to further refine its
regulation of coarse particles to better target those
coarse particles of greatest concern to health.
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reported in short-term exposure studies
conducted in areas with relatively high
PM10–2.5 concentrations, including
Phoenix (Mar et al., 2003), Coachella
Valley, CA (Ostro et al., 2003),59 and in
the initial analysis of data from
Steubenville (as part of the Six Cities
study, Schwartz et al., 1996; reanalysis,
Schwartz, 2003). In a separate reanalysis
of the Six Cities study, the PM10–2.5
mortality association was not
statistically significant for Steubenville
(Klemm and Mason, 2003). In areas with
lower PM10–2.5 concentrations, including
the remaining five cities in the Six
Cities study, no statistically significant
associations were reported with
mortality, though most were positive.
The Staff Paper also considered
relevant epidemiologic studies indexed
by PM10 that were conducted in areas
where the coarse fraction of PM10 is
typically much greater than the fine
fraction. Such studies include findings
of associations between short-term
exposure to PM10 and hospitalization for
cardiovascular diseases in Tucson, AZ
(Schwartz, 1997), hospitalization for
COPD in Reno/Sparks, NV (Chen et al.,
2000), and medical visits for asthma or
respiratory diseases in Anchorage, AK
(Gordian et al., 1996; Choudhury et al.,
1997). In addition, a number of
epidemiologic studies have reported
significant associations with mortality,
respiratory hospital admissions and
respiratory symptoms in the Utah Valley
area (e.g., Pope, 1989 and 1991; Pope et
al., 1992). This group of studies
provides additional supportive evidence
for associations between short-term
exposure to thoracic coarse particles
and health effects, particularly
morbidity effects, generally in areas not
meeting the PM10 standards (EPA, 2005,
p. 5–50).60
In contrast to the findings from the
short-term exposure studies discussed
above, available epidemiologic studies
do not provide evidence that long-term
community-level exposure to thoracic
coarse particles is associated with
mortality or morbidity (EPA, 2005, p. 3–
25). More specifically, no association is
59 The Coachella Valley study, like the Seattle
study noted above, is subject to additional
measurement uncertainties because it used
regression techniques to impute PM10–2.5
concentrations; this approach fills in missing
PM10–2.5 data based on relationships developed
using data from days when data are available for
both PM10 and PM2.5.
60 Based on recent air quality data, as well as the
summary information provided for PM
concentrations used in the studies, the existing
PM10 standards are not met in any of these study
cities except Tucson, AZ. Based on 2002–2004 air
quality data, the 98th percentile PM2.5
concentrations in three of these areas range from 15
to 25 µg/m3, while in Utah Valley the
concentrations range from 37 to 54 µg/m3.
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found between long-term exposure to
thoracic coarse particles and mortality
in the reanalyses and extended analysis
of the ACS cohort (EPA, 2005, p. 8–306–
07). Further, little evidence is available
on potential respiratory and
cardiovascular morbidity effects of longterm exposure to thoracic coarse
particles (EPA, 2005, p. 3–23–24).
The Staff Paper concluded that the
available body of health evidence,
including dosimetric, toxicologic and
epidemiologic study findings, supports
retaining a NAAQS that would continue
to provide protection against the effects
associated with short-term exposure to
thoracic coarse particles. However, the
substantial uncertainties associated with
this limited body of epidemiologic
evidence on health effects related to
exposure to PM10–2.5 suggest a high
degree of caution in interpreting this
evidence, especially at the lower levels
of ambient particle concentrations in the
morbidity studies discussed above
(EPA, 2005, p. 5–50).
Beyond this evidence-based
evaluation, the Staff Paper also
considered the extent to which PM10–2.5related health risks estimated to occur at
current levels of ambient air quality may
be judged to be important from a public
health perspective, taking into account
key uncertainties associated with the
estimated risks. Consistent with the
approach used to address this issue for
PM2.5-related health risks, discussed
above in section II.A.3, the Staff Paper
considered the results of a series of
base-case analyses that reflect in part
the uncertainty associated with the form
of the concentration-response functions
drawn from the studies used in the
assessment. In this assessment
summarized above in section III.A.3,
which is much more limited than the
risk assessment conducted for PM2.5,
health risks were estimated for three
urban areas (Detroit, Seattle, and St.
Louis) by using the reported linear or
log-linear concentration-response
functions as well as modified functions
that incorporate alternative assumed
cutpoints as surrogates for potential
population thresholds. In considering
the risk estimates from this limited
assessment, and recognizing the very
substantial uncertainties inherent in
basing an assessment on such limited
information, the Staff Paper concluded
that the results for the two areas in the
assessment that did not meet the current
PM10 standards are indicative of risks
that can reasonably be judged to be
important from a public health
perspective, in contrast to the
appreciably lower risks estimated for
the area that did meet the current
standards (EPA, 2005, p. 5–52).
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The Staff Paper recognized the
substantial uncertainties associated with
the limited available epidemiologic
evidence and the inherent difficulties in
interpreting the evidence for purposes
of setting appropriate standards for
thoracic coarse particles. Nonetheless,
in considering the available evidence,
the public health implications of
estimated risks associated with current
levels of air quality, and the related
limitations and uncertainties, the Staff
Paper concluded that this information
supports (1) revising the current PM10
standards in part by revising the
indicator for thoracic coarse particles,
and (2) consideration of a standard that
will continue to provide public health
protection from short-term exposure to
thoracic coarse particles of concern that
have been associated with morbidity
effects and possibly mortality at current
levels in some urban areas (EPA, 2005,
p. 5–52).
In CASAC’s review of these Staff
Paper recommendations, there was
unanimous agreement among CASAC
Panel members that ‘‘there was a need
for a specific primary standard to
address particles in the size range of 2.5
to 10 microns’’ (Henderson, 2005b, p. 4).
In making this recommendation,
CASAC indicated its agreement with the
summary of the scientific data regarding
the potential adverse health effects from
exposures to thoracic coarse particles in
section 5.4 of the Staff Paper upon
which the EPA staff recommendations
were based.
Unlike the case in the current PM2.5
review, neither EPA staff nor CASAC
concluded that it was necessary to
revise the PM10 standards to provide
additional health protection against
coarse particles beyond that afforded by
the current standards. Rather, as noted
above, staff and CASAC found that the
most recent scientific information
suggested it was possible to move to a
more direct measurement of thoracic
coarse particles via a PM10–2.5 indicator,
and this was the major basis for
recommending revisions to the current
24-hour PM10 standard. In considering
what level of protection was
appropriate, staff and CASAC
recommended consideration of a range
of levels for alternative 24-hour coarse
particle standards, from levels which
would be more stringent than the
current 24-hour PM10 standard to a level
that would provide protection that was
roughly equivalent to that provided by
the current 24-hour PM10 standard.
In considering whether the primary
PM10 standards should be revised at the
time of proposal, the Administrator
considered the rationale and
recommendations provided by the Staff
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61181
Paper and CASAC, and the public
comments received through the time of
proposal. The Administrator
provisionally concluded that the health
evidence, including dosimetric,
toxicologic and epidemiologic study
findings, supported retaining a standard
to provide continued protection against
effects associated with short-term
exposure to thoracic coarse particles.
Further, the Administrator expressed
the belief that the new evidence on
health effects from studies that use
PM10–2.5 as a measure of thoracic coarse
particles, together with the much more
extensive data now available to
characterize air quality in terms of
PM10–2.5, provided an appropriate basis
for revising the current PM10 standards
in part by revising the indicator to focus
more narrowly on particles between 2.5
and 10 µm. The Administrator also
noted that the need for a standard for
thoracic coarse particles had already
been upheld based upon evidence of
health effects considerably more limited
than now available. ATA I, 175 F.3d at
1054. Based on these considerations, the
Administrator provisionally concluded
that the current suite of PM10 standards
should be revised, and that the revised
standard(s) should be set at a level that
would ensure an equivalent level of
protection to the current suite of
standards (71 FR 2665).
2. Comments on the Need for Revision
The vast majority of public comments
on coarse particles raised issues related
to the proposed revisions to the
indicator for thoracic coarse standards,
particularly the proposal to adopt a new
PM10–2.5 indicator that was qualified to
focus on particles associated with
particular types of emissions sources
and to impose stringent monitor sitesuitability criteria for NAAQScomparable monitors. These comments
are addressed below in section III.C.
Comments more specific to the 24-hour
and annual standards (i.e., on averaging
time, form, and level) are addressed
below in section III.D. This section
addresses those comments that, directly
or indirectly, addressed the need to
continue the kind of protection against
coarse particles that is provided by the
current PM10 standards.
A substantial majority of commenters
supported the Administrator’s
provisional conclusion that it is
necessary to maintain a standard to
continue protection against the health
effects associated with short-term
exposure to thoracic coarse particles.
Those advocating a coarse particle
standard included public health
organizations such as the American
Lung Association, the American Heart
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Association, and the American Cancer
Society; environmental groups such as
Environmental Defense, Earthjustice
and Natural Resources Defense Council;
the Children’s Health Protection
Advisory Committee, which provides
the EPA Administrator with advice on
children’s health issues; all state and
local air pollution control agencies
commenting on the proposed coarse
particle standard; and Tribal groups
such as the National Tribal Caucus, the
National Tribal Environmental Council,
and numerous individual Tribes.
These commenters agreed with EPA
that the currently available scientific
evidence clearly supports the need to
provide continued protection from
health effects associated with coarse
particle exposure. Citing the Criteria
Document and the Staff Paper, those
commenters providing a more detailed
rationale stressed the availability of
epidemiologic, toxicologic and
dosimetric studies showing associations
between thoracic coarse particles and
multiple morbidity and mortality
endpoints. Many of these commenters
also cited CASAC’s recommendation in
favor of continued protection. Moreover,
some of these commenters pointed to
particular studies, such as Ito (2003),
Mar et al. (2003) and Ostro et al. (2003),
which they concluded show that coarse
particles are associated with hospital
admissions or mortality and that coarse
particles may even have stronger effects
than fine particles in some instances.
Several also cited two recent
independent reviews (Brunekreef and
Forsberg, 2005; WHO, 2005) which
considered many of the same scientific
studies on the health effects of coarse
particles that were included in the
Criteria Document as support for
separate standards for coarse particles,
in addition to standards for fine
particles.
In general, this body of commenters
opposed revisions that they believed
would reduce the level of protection
provided by the current PM10 standards.
For example, the comments of the
American Lung Association and five
environmental groups stated (American
Lung Association et al., p. 81):
We strongly support the need for a coarse PM
standard * * *. However, the coarse particle
standard proposed by EPA is an egregious
step backwards in protection of human
health and welfare compared to the status
quo * * *. If EPA feels it lacks adequate data
to undertake the change in the coarse PM
indicator to a PM10–2.5 standard, without
reducing current protections * * * then the
Agency must retain the existing PM10
NAAQS.
Citing the more abundant evidence
from studies focusing on short-term
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exposures, these commenters advocated
maintaining a 24-hour standard for
thoracic coarse particles, at a minimum.
Several of them also recommended an
annual standard for thoracic coarse
particles to protect against possible
long-term effects, despite a significantly
more limited body of evidence (for
specific comments on averaging time,
see section III.D.1 below).
Many of these commenters, while
recognizing that the epidemiologic
evidence available to support specific
coarse particle standards is weaker than
that for fine particles, believed that the
weight of evidence required revisions
that provided a greater degree of
protection, on a national basis, than that
afforded by the current PM10 standards
(for specific comments on level, see
section III.D.2 below). Some
commenters favoring a coarse particle
standard supported their arguments by
reference to emerging science from new
toxicologic and epidemiologic studies
that were not included in the Criteria
Document. In general, however, these
‘‘new’’ studies were used in support of
commenters’ concerns about the
proposal to qualify the indicator
(discussed in section III.C.2 below), and
not to support their comments on the
need for coarse particle standards.
The EPA generally agrees with these
commenters regarding the need to
provide continued protection from
short-term exposure to coarse particles
that may be harmful. The scientific
evidence cited by these commenters was
generally the same as that discussed in
the Criteria Document and the Staff
Paper and the commenters’
recommendations for retaining a coarse
particle standard are broadly consistent
with staff and CASAC recommendations
on this issue. To the limited extent that
some commenters cited ‘‘new’’ scientific
studies in support of their arguments in
favor of retaining a coarse particle
standard, EPA notes that it is basing the
final decisions in this review on the
studies and related information
included in the PM air quality criteria
that have undergone CASAC and public
review. Although EPA is not basing its
final decisions in this review on such
information, the Agency will consider
the newly published studies for
purposes of decision making in the next
PM NAAQS review, as discussed above
in section I.C. Nonetheless, in
provisionally evaluating commenters’
arguments concerning the need for
revision to or elimination of the current
standards, the Agency notes that its
preliminary analysis suggests such
studies would not materially change the
conclusions in the Criteria Document.
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In sharp contrast, a number of
commenters, including virtually all of
those representing industry associations
and businesses, recommended revising
the PM10 standards by revoking both the
24-hour and annual standards. These
groups argued that the current body of
scientific evidence is insufficient to
justify either retaining the current PM10
standards or setting a revised standard
for thoracic coarse particles at this time.
These commenters included the
National Cattlemen’s Beef Association,
the National Mining Association, the
American Farm Bureau Federation, the
Alliance of Automobile Manufacturers,
the Engine Manufacturers Association,
the National Association of Home
Builders, and the Coarse Particle
Coalition, which includes the National
Stone, Sand and Gravel Association, the
Industrial Minerals Association, the
American Forest and Paper Association,
the Portland Cement Association and
the National Cotton Council. These
commenters stressed the uncertainties,
particularly those associated with
interpreting the limited number of
epidemiologic studies focusing on
coarse particle health effects, and stated
that EPA had failed to demonstrate that
a coarse particle standard is necessary to
protect public health. These
commenters recommended deferring the
decision on the appropriateness of
setting a coarse particle standard
pending additional monitoring and
scientific research on health effects
associated with exposure to coarse
particles.
These commenters criticized the key
epidemiologic studies cited by EPA,
referring especially to the alternative
interpretations of the evidence
presented in the proposal and citing a
review and critique of key studies
prepared by an academic consultant.
They also argued that all coarse particle
epidemiologic studies are flawed to the
extent that they rely on air quality data
from central monitors in exposure
assessments. Based on these arguments,
the commenters asserted that EPA’s risk
assessment cannot be used to
demonstrate that ambient coarse
particles present a significant risk to
public health, and therefore EPA cannot
maintain the existing PM10 NAAQS or
establish a revised NAAQS to address
coarse particles. Each of these issues is
further summarized and discussed
below.
In discussing their disagreement with
EPA’s interpretation of four key
epidemiologic studies (Ito, 2003;
Burnett et al., 1997; Mar et al., 2003;
Ostro et al., 2003), these commenters
placed significant weight on the
alternative interpretations of these
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studies that EPA provided in the
proposal to encourage additional public
comment (71 FR 2671–72). In particular,
they criticized EPA’s reliance on the
single pollutant models in these and
other studies as biased because the
models omit PM2.5 and gaseous copollutants. The commenters argued that
when PM2.5 or gaseous co-pollutants
were added to the underlying models,
the effects associated with PM10–2.5 lost
statistical significance. These
commenters also stated that EPA failed
to consider and give appropriate weight
to a significant number of studies which
relied on larger and more powerful data
sets, were of longer duration, and
assessed PM10–2.5 using multi-pollutant
models, but did not find any statistically
significant associations, including
Schwartz et al. (1996), Thurston et al.
(1994), Sheppard (2003), Fairley (2003),
and Lipfert et al. (2000). They further
summarized and attached a ‘‘detailed
review of the cited studies’’ prepared by
an academic consultant, which they
stated reveals numerous deficiencies
that undermine the use of these studies
to support the proposed coarse particle
standard or any alternative standard.
Based on all of the above, one
commenter claimed that a ‘‘fair and
sound’’ assessment of evidence would
not conclude coarse particles have
effects at ambient concentrations
(National Mining Association, p. 14).
The rationale for these commenters’
conclusions, however, do not consider
important aspects of the rationale for
retaining coarse particle protection and
are inconsistent with CASAC and other
recent reviews of the scientific
evidence. As summarized in section
III.A of the proposal, the scientific
evidence contained in the Criteria
Document and Staff Paper, both of
which have been reviewed and found
acceptable for use in regulatory decision
making by CASAC, supports the need
for some standard to provide continued
protection from coarse particles.61 The
alternative interpretation of the
evidence espoused by these commenters
essentially argues that it is more
reasonable to presume that the positive
results from one-pollutant PM10–2.5
statistical models is the result of bias
associated with omitting co-pollutants,
especially PM2.5, for which the evidence
is much stronger. EPA does not accept
this argument for both technical and
61 The Response to Comments document contains
more detailed responses to the specific issues these
commenters raise regarding the interpretation of the
epidemiologic evidence, which is important in
terms of the use of these studies for supporting a
coarse standard (this section of the preamble) as
well as their use in deciding upon an appropriate
level of protection (section III.D.2 of this preamble).
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public health policy reasons. The
Criteria Document and Staff Paper
explain the rationale for reliance on
single pollutant models in these studies,
while recognizing the significant
uncertainties in the limited number of
studies available (EPA, 2004, section
8.4.3; EPA, 2005, p. 3–46). These
documents illustrate the results of a
number of studies that examined copollutants (Figures 8–16 through 8–18
of the Criteria Document), where it can
be seen that, in most cases, the
inclusion of gaseous co-pollutants does
little to change the effects estimate for
PM2.5, although in some cases it does.
Recognizing the additional uncertainties
in measuring coarse particles (as
discussed below), these documents
further note the importance of the
relative consistency in the size of effects
estimates for coarse particles as well as
the pattern of generally positive
associations, and the need for
considering the results of recent
statistically significant associations
found in PM10 studies where it is
reasonable to expect that the coarse
fraction dominated the distribution. It
would be unwise to presume, in the face
of this evidence, that the single
pollutant result for coarse particles is
generally the result of omitted gases in
the model.
EPA also believes that it is
inappropriate to presume that coarse
particle or PM10 associations in single
or multi-pollutant models can be wholly
explained by fine particles. In studies
where PM2.5 and PM10–2.5 have similar
effect estimates, it is difficult to
determine whether one or both
contribute to the result (e.g. EPA 2004a,
p 8–61). The comparison of PM2.5 and
PM10–2.5 is further complicated by the
differential measurement error between
the two pollutants, which is generally
greater for coarse particles (as discussed
below). When both pollutants have
similar effect estimates, it is difficult to
determine whether one or both
contribute to the result (e.g. EPA, 2004a,
p. 8–61). Some studies conducted in
urban areas, however, have found
significant associations for coarse
particles, but not fine particles. The
Criteria Document summarizes a case
cross-over study (Lin et al., 2002)
conducted in Toronto, that found a
significant association of PM10–2.5 with
asthma hospital admissions in children
ages 6–12 that was robust to the
inclusion of gaseous co-pollutants, but
did not report significant associations
for PM2.5.62 Three different studies used
62 Unlike more commonly used time series
studies, the design used in this study has the
advantage of controlling for confounding by having
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essentially the same air quality data set
to examine coarse and fine particles in
Phoenix (Mar et al., 2000, 2003; Clyde,
2000; Smith et al., 2000). All three
studies found significant associations
between mortality and PM10–2.5, but only
one found a significant association for
PM2.5 (EPA, 2004a, p. 8–57 to 66). Ito
(2003) found a significant association in
Detroit between hospital admissions for
ischemic heart disease and exposure to
coarse particles, but not fine particles.
While all of these studies have
limitations, it is difficult to ignore the
fact that, despite the differential
measurement error associated with
coarse particles, a number of these
studies find statistically significant
associations for coarse particles, but not
for fine particles. For these reasons, EPA
believes that it would be inappropriate,
based on the limited data currently
available, to presume that all of the
effects associated with coarse particles
in single pollutant models are actually
the result of confounding by fine
particles.
It is also important to note that in the
NAAQS reviews that concluded in 1987
and 1997, EPA found that the scientific
evidence then available supported the
need to continue regulation of thoracic
coarse particles through appropriate
NAAQS. This evidence included
mechanistic considerations developed
from particle dosimetry and toxicology,
as well as an integrated assessment of
particle composition and both
community and occupational
epidemiologic studies. By 1997, EPA
judged the evidence to be strong enough
to propose separate standards for fine
and coarse particles. While the D.C.
Circuit found problems with the
indicator for thoracic coarse particles
promulgated in 1997, the court upheld
EPA’s determination that a standard was
needed (ATA I, 175 F.3d at 1054). In
EPA’s judgment, the more recent studies
included in the 2004 Criteria Document,
even with their recognized limitations,
serve to add to, not reduce, the concern
present in previous reviews over
ambient exposures to coarse particles,
particularly in urban areas.
The business and industry
commenters also suggested that the
epidemiologic studies were flawed by
the reliance on data from central
monitors to estimate community-level
exposures to coarse fraction particles.
According to these commenters, this
would result in an overestimation of
each case serve as its own control. The Criteria
Document notes limitations in available
measurement information and adjustment for
season that may have influenced the relative results
for fine and coarse particles (EPA, 2004a, pp. 185–
186).
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exposure due to the significant spatial
variability associated with coarse
particle distributions. Such
overestimation, in the commenters’
view, would invalidate any statistical
associations found between ambient
data, as measured by the central
monitors, and adverse health effects.
The National Mining Association (p.
16–17), for example, noted:
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The spatial variability of coarse PM renders
even the few, limited, uncertain
epidemiological studies that have been cited
by EPA invalid, as well as imprecise * * *.
Given that the purported associations
between PM coarse and health effects is
small to begin with, 71 FR at 2659, the logical
conclusion should be that the lack of a
demonstrable connection between the
monitored ambient data and the level of
exposure of the subject population is a fatal
flaw that precludes reliance on the studies
for any connection between PM coarse and
health effects.
These commenters also provided
supporting information regarding
correlations among monitors and an air
quality modeling analysis purporting to
show that significant quantities of
coarse particles cannot travel more than
1 kilometer from sources.63
The Criteria Document and Staff
Paper contain detailed analyses of the
spatial variability of coarse particle
concentrations, as well as other issues
that generally result in greater exposure
measurement error for coarse particles
as compared to fine particles (EPA,
2004a, p. 3–52–53, Appendix 3A; EPA,
2005, pp. 2–36–40, 2–70–73). While
EPA agrees that coarse particle
measurements from central monitors is
subject to potentially large measurement
error when used to reflect population
exposures in epidemiologic studies, the
Agency disagrees with the commenters’
assessment of the direction of the
resulting bias and with their conclusion
that any statistically significant
associations between centrally
monitored air quality concentrations
and adverse health effects measured in
these studies are invalid as a result. This
issue received substantial attention in
the Criteria Document (EPA, 2004a,
section 8.4.5). The Criteria Document
concluded that such measurement
errors are more likely to underestimate
the strength and the significance of any
association between coarse particles and
any adverse health effects observed in
the study (EPA, 2004a, pp. 5–126, 8–
341). While the spatial variation of
coarse particle data is larger than for
fine particles, the Staff Paper notes that,
on a day-to-day basis, coarse particle
data from monitor sites within an urban
63 This issue is discussed in more detail in the
Response to Comments document.
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area can be fairly well correlated, even
when substantial differences exist in the
absolute concentrations between the
sites (EPA, 2005, p. 3–41). The signal
that drives statistical associations
between ambient concentrations and
health effects in time-series studies is
the day-to-day changes in concentration,
not the absolute daily values. To the
extent possible, EPA examined both the
day-to-day correlations and annual
averages in PM10–2.5 taken from multiple
monitors in key study locations, such as
Detroit, Phoenix and Coachella Valley
(Ross and Langstaff, 2005).64
In reacting to this issue in opposing
comments, the California Air Resources
Board similarly stated:
The current scientific consensus suggests that
measurement of coarse particles will
typically involve greater errors than that of
fine particles. However we reject the * * *
implication that therefore these studies are
not reliable. In fact, the larger measurement
error, which is likely to be random, would
make it more difficult to find an association
with mortality. It is well accepted in the
epidemiological literature that such
measurement error will tend to obscure a
relationship between an exposure and a
given health outcome, assuming that such a
relationship exists. Therefore, the
measurement error argument cannot be used
to nullify an effect that has been observed. If
anything, it is likely that the real effects are
likely to be larger than those that were
estimated. (CARB, p. 11)
The EPA agrees with CARB’s analysis
of the issue. Therefore, for the purposes
of determining whether public health
protection is warranted in light of the
available evidence, EPA believes that it
has interpreted the evidence from these
epidemiologic studies correctly, and
that despite the uncertainties, the
evidence of statistically significant
relationships between exposure to
coarse particles and adverse health
effects is sufficiently strong to support
continued regulation of coarse particles.
Some commenters opposed to
maintaining a coarse particle standard
criticized EPA’s risk assessment. These
commenters stated that current shortterm epidemiologic data are insufficient
to serve as the basis for a scientifically
sound quantitative risk assessment,
without which, they claim, EPA lacks
sufficient evidence to establish a
standard based on those data. According
to these commenters, while EPA may
exercise its judgment about future risks
and set standards that are preventive in
nature, as long as an adequate scientific
rationale is presented, the Agency does
64 In Phoenix, for example, two key sites were
highly correlated with similar means. In Detroit/
Windsor, correlations were moderate to good, but
absolute values were significantly higher in Detroit
(Ross and Langstaff, 2005).
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not have the authority to engage in
‘‘crystal ball speculation’’ in the absence
of support in the record considered as
a whole. (See e.g., Coarse Particle
Coalition, p. 8–9, citing Lead Industries
Assoc v. EPA, 647 F. 2d 1130, 1146–7
(DC Cir. 1980), NRDC v. EPA, 902 F.2d
962, 968, 971 (D.C. Cir. 1990) and Ethyl
Corp. v. EPA, 541 F.2d 1, 13 (D.C. Cir.
1976).) These commenters stated that
the NAAQS must address only
‘‘significant risk’’, not any risk, and that
EPA has failed to demonstrate that
coarse particles pose a significant
enough risk to human health to warrant
a coarse particle standard.
The EPA disagrees on technical,
policy, and legal grounds. For reasons
specified in the proposal and
summarized above, EPA believes that
the available scientific evidence is more
than adequate to support a decision to
continue regulation of coarse particles
under the NAAQS. Although the data
are weaker than for fine particles and
subject to greater measurement error, in
several of the studies where
comparisons are possible, the
normalized relative risk estimates for
coarse particles from the new urban/
industrial-area studies that were
included in the Criteria Document often
fall into a similar range as those for fine
particles (EPA, 2004a, p. 8–64; EPA,
2005, pp. 3–13 and 3–20). Furthermore,
as summarized above, EPA did produce
a risk assessment for thoracic coarse
particles, which was reviewed by
CASAC and included in the Staff Paper
(EPA, 2005, Chapter 4). While the
limited number of cities and the
significant uncertainties noted in the
risk assessment and the proposal limit
their quantitative usefulness, EPA staff
concluded that the risk assessment
results for the two urban areas in the
assessment that did not meet the current
PM10 standards are indicative of risks
that can reasonably be judged to be
important from a public health
perspective.
Furthermore, there is no requirement
that EPA develop a ‘‘scientifically sound
quantitative risk assessment’’ before
adopting or revising a NAAQS (ATA III,
283 F.3d at 374), or that the Agency
must demonstrate significant risk before
promulgating a NAAQS.65 EPA’s
reliance on evidence from peer65 See e.g., American Petroleum Inst. v. Costle,
665 F. 2d at 1186–87: ‘‘In setting margins of safety
the Administrator need not regulate only the known
dangers to health, but may ‘‘err’’ on the side of
overprotection by setting a fully adequate margin of
safety. Of course the Administrator’s conclusions
must be supported by the record, and he may not
engage in sheer guesswork. Where the
Administrator bases his conclusion as to an
adequate margin of safety on a reasoned analysis
and evidence of risk, the court will not reverse.’’
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reviewed scientific studies in this
review, as well as its reliance on
CASAC’s unanimous recommendation
that there is a need for a standard for
thoracic coarse particles, cannot be
considered ‘‘crystal ball speculation.’’
After careful consideration of all of
these comments, EPA continues to
believe that the health evidence,
including dosimetric, toxicologic and
epidemiologic study findings, supports
retaining a standard to protect against
effects associated with short-term
exposure to thoracic coarse particles. As
noted above and summarized in section
III.A of the proposal, there is a growing
body of evidence suggesting causal
associations between short-term
exposure to thoracic coarse particles
and morbidity effects, such as
respiratory symptoms and hospital
admissions for respiratory diseases, and
possibly mortality. As summarized in
the proposal (71 FR 2659), the available
body of evidence also suggests there is
a lack of such effects associated with
long-term exposure to thoracic coarse
particles. Considering the magnitude of
the risks identified in health studies,
and the size of potentially susceptible
subpopulations such as people with
preexisting respiratory diseases,
including asthma, and children and
older adults, EPA concludes that shortterm exposure to thoracic coarse
particles can have an important public
health impact. The health evidence
regarding effects of thoracic coarse
particles is limited in some respects and
still subject to significant uncertainty.
The Administrator has concluded that it
is a priority to establish a robust
research program that will enable future
PM NAAQS reviews to make more
informed decisions that will provide
more targeted protection against the
effects only of those coarse particles and
related source emissions that prove to
be of concern to public health. The
Administrator also notes that the need
for a standard for thoracic coarse
particles has already been upheld based
upon evidence of health effects
considerably more limited than now
available (ATA I, 175 F.3d at 1054).
In the judgment of the Administrator,
it is appropriate at this time to retain a
standard to address the known and
potential public health risks associated
with exposure to coarse particles. The
Administrator’s specific decisions
regarding the indicator, averaging time,
level and form of a standard for thoracic
coarse particles are described below.
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C. Indicator for Thoracic Coarse
Particles
1. Introduction
As outlined above, at the time of
proposal the Administrator judged it
appropriate, based on an evaluation of
the available scientific evidence, to
propose a new indicator of thoracic
coarse particles defined to include those
particles between 2.5 and 10 µm in
diameter, or PM10–2.5, and qualified to
focus on the mix of thoracic coarse
particles generally present in urban
environments. In making this
determination, the Administrator relied
heavily on key findings and
observations from the Criteria Document
and Staff Paper, and on
recommendations from CASAC. The
Staff Paper made the following general
observations about the PM10–2.5
indicator:
(1) The most obvious choice for a
thoracic coarse particle standard is the
size-differentiated, mass-based indicator
used in the epidemiologic studies that
provide the most direct evidence of
such health effects, PM10–2.5.
(2) The upper size cut of a PM10–2.5
indicator is consistent with dosimetric
evidence that continues to reinforce the
finding from past reviews that an
aerodynamic size of 10 µm is a
reasonable separation point for particles
that penetrate to and potentially deposit
in the thoracic regions of the respiratory
tract.
(3) The lower size cut of such an
indicator is consistent with the choice
of 2.5 µm as a reasonable separation
point between fine and coarse fraction
particles.
(4) Further, the limited available
information is not sufficient to define an
indicator for thoracic coarse particles
solely in terms of metrics other than
size-differentiated mass, such as specific
chemical components.
(5) The available epidemiologic
evidence for effects of PM10–2.5 exposure
is quite limited and is inherently
characterized by large uncertainties,
reflective in part of the more
heterogeneous nature of the spatial
distribution and chemical composition
of thoracic coarse particles and the more
limited and generally uncertain
measurement methods that have
historically been used to characterize
their ambient concentrations.
In evaluating relevant information
from atmospheric sciences, toxicology,
and epidemiology related to thoracic
coarse particles, the Staff Paper also
noted that there appear to be clear
distinctions between (1) the character of
the ambient mix of particles generally
found in urban areas as compared to
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that found in non-urban and, more
specifically, rural areas, and (2) the
nature of the evidence concerning
health effects associated with thoracic
coarse particles generally found in
urban versus rural areas.66 Based on
such information, and on specific initial
advice from CASAC (Henderson,
2005a), the Staff Paper considered a
more narrowly defined indicator for
thoracic coarse particles that would
focus on the mix of such particles that
is characteristic of the mix generally
found in urban areas where thoracic
coarse particles are strongly influenced
by traffic-related or industrial sources.
In so doing, the Staff Paper focused on
comparing the potential health effects
associated with thoracic coarse particles
in urban and rural settings, as discussed
below.
The Staff Paper also noted that
atmospheric science and monitoring
information indicates that exposures to
thoracic coarse particles tend to be
higher in urban areas than in nearby
rural locations. Further, the mix of
thoracic coarse particles typically found
in urban areas contains a number of
contaminants that are not commonly
present to the same degree in the mix of
natural crustal particles that is typical of
rural areas. The elevation of PM10–2.5
levels in urban locations as compared to
those at nearby rural sites suggests that
sources located within urban areas are
generally the cause of elevated urban
concentrations; conversely, PM10–2.5
concentrations in such urban areas are
not largely composed of particles blown
in from more distant regions (EPA,
2005, sections 2.4.5 and 5.4.2.1).
Important sources of thoracic coarse
particles in urban areas include dense
traffic that suspends significant
quantities of dust from paved roads, as
well as industrial and combustion
sources and construction activities that
contribute to ambient coarse particles
both directly and through deposition to
soils and roads (EPA, 2005, Table 2–2).
66 In general, EPA believes it is appropriate to
draw a distinction between two general types of
ambient mixes of coarse particles: ‘‘urban’’ and
‘‘non-urban’’. The first term characterizes the mix
in more heavily populated urban areas, where
sources such as motor vehicles and industry
contribute heavily to ambient coarse particle
concentrations and composition. The term ‘‘nonurban,’’ on the other hand, encompasses mixes in
a variety of other locations outside of urbanized
areas, including mixes in rural areas which are
likely to be dominated by natural crustal materials
(and where urban types of sources are largely absent
or, in the case of motor vehicles, are not present to
the same degree). It should be noted that some types
of sources are present in both urban and non-urban
areas. Industrial sources, for example, are found in
non-urban areas, though they are more commonly
located in urban areas. Similarly, agricultural and
mining sources are primarily non-urban sources,
but may be found in or near urban areas as well.
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The Staff Paper concluded that the mix
of thoracic coarse particles in urban
areas would likely differ in composition
from that in rural areas, being
influenced to a relatively greater degree
by components from urban mobile and
stationary source emissions.
While detailed composition data are
more limited for PM10–2.5 than for PM2.5,
available measurements from some
areas as well as studies of road dust
components do show a significant
influence of urban sources on both the
composition and mass of thoracic coarse
particles generally found in urban areas.
Although crustal elements and natural
biological materials represent a
significant fraction of thoracic coarse
particles in urban areas, both their
relative quantity and character may be
altered by urban sources (EPA, 2005, p.
5–54). Traffic-related activities can also
grind and resuspend vegetative
materials into forms not as common in
more natural areas (Rogge et al., 1993).
Studies of urban road dusts find that
levels of a variety of components are
increased from traffic as well as from
other anthropogenic urban sources,
including products of incomplete
combustion (e.g. polycyclic aromatic
hydrocarbons) from motor vehicle
emissions and other sources, brake and
tire wear, rust, salt and biological
materials (EPA, 2004a, p. 3D–3).
Limited ambient coarse fraction
composition data from various
comparisons show that metals and
sometimes elemental carbon contribute
a greater proportion of thoracic coarse
particle mass in urban areas than in
nearby rural areas. In addition, while
large uncertainties exist in emissions
inventory data, the Staff Paper observed
that major sources of PM10–2.5 emissions
in the urban counties in which
epidemiologic studies have been
conducted are paved roads and ‘‘other’’
sources (largely construction), and that
such areas also have larger contributions
from industrial emissions, whereas
unpaved roads and agriculture are the
main sources of PM10–2.5 emissions
outside of urban areas.
In the proposal, EPA also stated that
toxicologic studies, although quite
limited, support the view that thoracic
coarse particles from sources common
in urban areas are of greater concern
than uncontaminated materials of
geologic origin. One major source of
thoracic coarse particles in urban areas
is paved road dust; the Criteria
Document discussed results from a
recent toxicologic study in which road
tunnel dust particles had greater allergyrelated activity than several other
particle samples (Steerenberg et al.,
2003; EPA, 2004a, pp. 7–136–137). This
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study supports evidence available in the
last review regarding potential effects of
road dust particles (EPA, 1996b, p. V–
70). In contrast, a number of studies
have reported that Mt. St. Helens
volcanic ash, an example of
uncontaminated natural crustal material
of geologic origin, has very little toxicity
in animal or in vitro toxicologic studies
(EPA, 2004a, p. 7–216).
A few toxicologic studies have used
ambient thoracic coarse particles from
urban/suburban locations (PM10–2.5),
and the results suggest that effects can
be linked with several components of
PM10–2.5. These in vitro toxicologic
studies linked thoracic coarse particles
with effects including cytotoxicity,
oxidant formation, and inflammatory
effects (EPA, 2005, sections 3.2 and
5.4.1). While these studies cannot be
used for quantitative assessment of
morbidity or mortality effects, they
suggest that several components (e.g.,
metals, endotoxin, other materials) may
have roles in various health responses
but do not suggest a focus on any
individual component.
Although largely focused on
undifferentiated PM10, the series of
epidemiologic observations and
toxicologic experiments related to the
Utah Valley suggest that directly
emitted (fine and coarse) and
resuspended (coarse) urban industrial
emissions are of concern. Of particular
interest are area studies spanning a 13month period when a major source of
PM10 in the area, a steel mill, was not
operating. Observational studies found
that respiratory hospital admissions for
children were lower when the plant was
shut down (Pope, 1989). More recently,
a set of toxicologic and controlled
human exposure studies have used
particles extracted from filters from
ambient PM10 monitors from periods
when the plant did and did not operate.
In both human volunteers and animals,
greater lung inflammatory responses
were reported with particles collected
when the source was operating, as
compared to the period when the plant
was closed (EPA, 2004a, p. 9–73). In
addition, in some studies it was
suggested that the metal content of the
particles was most closely related to the
effects reported (EPA, 2004a, p. 9–74).
While peak days in the Utah Valley
occur in conditions that enhance fine
particle concentrations, over the long
run, over half of the PM10 was in the
coarse fraction. The aggregation of
particles collected on the filters during
the study period reflects this long-term
composition and represent the kinds of
industrial components that would be
incorporated in road dusts in the area.
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The Staff Paper also noted that
epidemiologic studies that have
examined exposures to thoracic coarse
particles generally found in urban
environments, together with studies that
have taken into account exposures to
natural crustal materials typical of rural
areas, generally support the view that
the mix of thoracic coarse particles
generally found in urban areas is of
concern to public health, in contrast to
natural crustal dusts of geologic origin.
With respect to the urban results,
several recent studies have shown
associations between PM10–2.5 and
health outcomes in a few sites across the
U.S. and Canada. Associations have
been reported with morbidity in a few
urban areas, some of which had
relatively low PM10–2.5 concentrations.
For mortality, statistically significant
associations have been reported only for
two urban areas that have notably
higher ambient PM10–2.5 concentrations.
These associations are with short-term
exposures to aggregated PM10–2.5 mass,
and no epidemiologic evidence is
available on associations with different
components or sources of PM10–2.5.
However, these studies have all been
conducted in urban areas of the U.S.,
and thus reflect effects associated with
the ambient mix of thoracic coarse
particles generally present in urban
environments, which includes PM from
traffic and industrial sources.
The Staff Paper also pointed to other
evidence from epidemiologic studies
suggesting that mortality and possibly
other health effects are not associated
with thoracic coarse particles from dust
storms or other such wind-related
events that result in suspension of
natural crustal materials of geologic
origin. The clearest example is a study
in Spokane, WA, which specifically
assessed whether mortality was
increased on dust-storm days using
case-control analysis methods. The
average PM10 level was more than 200
µg/m3 higher on dust storm days than
on control days, and the authors report
no evidence of increased mortality on
these specific days (Schwartz et al.,
1999). One caveat of note is the
possibility that people may reduce their
exposure to ambient particles on the
dustiest days (e.g., Gordian et al., 1996;
Ostro et al., 2000). Nevertheless, these
studies provide no suggestion of
significant health effects from
uncontaminated natural crustal
materials that would typically form a
major fraction of coarse particles in
rural areas.
Beyond the urban and rural
distinctions discussed above, the Staff
Paper also considered the extent to
which there is evidence of effects from
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exposure to the ambient thoracic coarse
particles in communities predominantly
influenced by agricultural or mining
sources.67 For example, in the last
review, EPA considered health evidence
related to long-term silica exposures
from mining activities, but found that
there was a lack of evidence that such
emissions contribute to effects linked
with ambient PM exposures (EPA,
1996b, p. V–28). Similarly in this
review, there is an absence of evidence
related to such community exposures.
While crustal and organic dusts
generated from agricultural activity can
include a variety of biological materials,
and some occupational studies
discussed in the Criteria Document
report effects at occupational exposure
levels (EPA, 2004a, Table7B–3, p. 7B–
11), such studies do not provide
relevant evidence for effects at the much
lower levels of community exposure.
Further, it is unlikely that such
predominantly non-urban sources
contribute to the effects reported in the
recent urban epidemiologic studies.
The Criteria Document concluded its
integrated assessment of the effects of
natural crustal materials as follows:
Certain classes of ambient particles appear to
be distinctly less toxic than others and are
unlikely to exert human health effects at
typical ambient exposure concentrations (or
perhaps only under special circumstances).
For example, particles of crustal origin,
which are predominately in the coarse
fraction, are relatively non-toxic under most
circumstances, compared to combustionrelated particles (such as from coal and oil
combustion, wood burning, etc.) However,
under some conditions, crustal particles may
become sufficiently toxic to cause human
health effects. (EPA, 2004a, p. 8–344)
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The Staff Paper assessment of the
available evidence relevant to the
appropriate scope of an indicator for
coarse particles can be summarized as
follows. Ambient concentrations of
thoracic coarse particles generally
reflect contributions from local sources,
and the limited information available
from speciation of thoracic coarse
particles and emissions inventory data
indicate that the sources of thoracic
coarse particles in urban areas generally
differ from those found in non-urban
areas. As a result, the mix of thoracic
coarse particles people are typically
exposed to in urban areas can be
expected to differ appreciably from the
mix typically found in non-urban or
rural areas. Ambient PM10–2.5 exposure
67 As used in the Staff Paper, the term ‘‘mining
sources’’ is intended to include all activities that
encompass extraction and/or mechanical handling
of natural geologic crustal materials. In the context
of this rulemaking, neither mining nor agricultural
sources are included in the more general category
of ‘‘industrial sources.’’
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is associated with health effects in
studies conducted in urban areas, and
the limited available health evidence
more strongly implicates the ambient
mix of thoracic coarse particles that is
dominated by traffic-related and
industrial sources than that dominated
by uncontaminated soil or geologic
sources. The limited evidence does not
support either the existence or the lack
of causative associations for community
exposures to thoracic coarse particles
from agricultural or mining industries.
Given the apparent differences in
composition and in the epidemiologic
evidence, the Staff Paper concluded that
it is not appropriate to generalize the
available evidence of associations with
health effects that have been related to
thoracic coarse particles generally found
in urban areas and apply it to the mix
of particles typically found in nonurban or rural areas (EPA, 2005, p. 5–
57). The Staff Paper concluded that the
available evidence collectively suggests
that a more narrowly defined indicator
for thoracic coarse particles should be
considered that would protect public
health against effects that have been
linked with the mix of thoracic coarse
particles generally present in urban
areas. Such an indicator would be
principally based on particle size, but
also reflect a focus on the mix of
thoracic coarse particles that is
generally present in urban environments
and the sources that principally
generate that mix. The Staff Paper
recommended consideration of thoracic
coarse urban particulate matter
(UPM10–2.5) as an indicator for a thoracic
coarse particle standard, referring to the
mix of airborne particles between 2.5
and 10 µm in diameter that are generally
present in urban environments, which,
as discussed above, are principally
comprised of resuspended road dust
typical of high traffic-density areas and
emissions from industrial sources and
construction activities (EPA, 2005, p. 5–
54, 5–57–58). The Staff Paper concluded
that such an indicator would more
likely be an effective indicator for
standards to protect against health
effects that have been associated with
thoracic coarse particles than a more
broadly focused PM10–2.5 indicator. This
indicator would also be consistent with
a cautious interpretation of the
epidemiologic evidence that does not
potentially over-generalize the results of
the limited available studies.
In conjunction with this
recommendation of an indicator defined
in terms of the mix of thoracic coarse
particles that are generally present in
urban areas, the Staff Paper also
discussed the importance of a
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monitoring network designed to be
consistent with the intent of such an
indicator and to facilitate
implementation of such a standard. It
should be noted that EPA has
historically used other implementationrelated policies, specifically its
guidelines regarding the handling of
data affected by exceptional or natural
events, to address elevations in thoracic
coarse particle levels that may occur in
urban areas as a result of dust storms or
other such events for which the staffrecommended indicator was not
intended to apply. The Staff Paper
recommended that both new criteria for
monitor network design and revised
natural/exceptional events policies
should work in concert with a revised
thoracic coarse particle indicator to
ensure the most effective application of
a thoracic coarse particle standard.
In its review of the Staff Paper
recommendation for a thoracic coarse
particle indicator (Henderson, 2005b, p.
4), the CASAC generally agreed that
‘‘thoracic coarse particles in urban areas
can be expected to differ in composition
from those in rural areas;’’ that ‘‘coarse
particles in urban or industrial areas are
likely to be enriched by anthropogenic
pollutants that tend to be inherently
more toxic than the windblown crustal
material which typically dominates
coarse particle mass in arid rural areas;’’
and that ‘‘evidence of associations with
health effects related to urban coarsemode particles would not necessarily
apply to non-urban or rural coarse
particles.’’ Further, most CASAC Panel
members concurred that ‘‘the current
scarcity of information on the toxicity of
rural dusts makes it necessary’’ for EPA
to base its standard for thoracic coarse
particles ‘‘on the known toxicity of
urban-derived coarse particles.’’ While
most Panel members concurred with the
thoracic coarse particle indicator
recommended in the Staff Paper, a few
members recommended specifying an
unqualified PM10–2.5 indicator in
conjunction with monitoring network
design criteria and natural/exceptional
events policies that would emphasize
urban influences. In either case, CASAC
indicated that the intent of any such
indicator should be to ‘‘provide
protection against those components of
PM10–2.5 that arise from anthropogenic
activities occurring in or near urban and
industrial areas.’’
Based on these considerations, the
Administrator proposed to establish a
new indicator for thoracic coarse
particles in terms of PM10–2.5, qualified
so as to include any ambient mix of
PM10–2.5 that is dominated by
resuspended dust from high-density
traffic on paved roads and PM generated
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by industrial sources and construction
sources, and to exclude any ambient
mix of PM10–2.5 that is dominated by
rural windblown dust and soils and PM
generated by agricultural and mining
sources (71 FR 2667–68). Furthermore,
EPA proposed that ‘‘[a]gricultural
sources, mining sources, and other
similar sources of crustal material shall
not be subject to control in meeting this
standard’’ (71 FR 2699). As summarized
above in section I.E, the proposed
standard also included specific monitor
site-suitability requirements which any
monitor would have to meet in order to
be used for comparison to the NAAQS,
including a requirement that such
monitors be sited in urbanized areas
with a minimum population of 100,000.
These requirements were designed to
ensure that the monitors were capturing
the ambient mix of PM10–2.5 dominated
by the sources of concern.
Subsequent to the proposal, CASAC
provided additional comments to the
Administrator on the proposed indicator
for thoracic coarse particles. In a letter
dated March 21, 2006, the Committee
stated that ‘‘the PM Panel was pleased
to see that the indicator for coarse
thoracic particles of concern to public
health took into account some of the
various approaches that the PM Panel
identified for consideration’’
(Henderson 2006, p. 4). The CASAC
reiterated its earlier statement that ‘‘the
current scarcity of information on the
toxicity of rural dusts makes it
necessary for the Agency to base its
regulations on the known toxicity of
urban-derived coarse particles.’’
However, the Committee went on to say
that ‘‘the CASAC neither foresaw nor
endorsed a standard that specifically
exempts all agricultural and mining
sources, and offers no protection against
episodes of urban-industrial PM10–2.5 in
areas of populations less than 100,000.’’
The Committee recommended the
‘‘expansion of our knowledge of the
toxicity of rural dusts rather than
exempting specific industries (e.g.
mining, agriculture)’’ from control
under the standard (id at 5).
2. Comments on Indicator for Thoracic
Coarse Particles
The EPA received a large number of
comments on its proposed decision with
regard to the indicator of thoracic coarse
particles which overwhelmingly
opposed the proposed indicator. Few
commenters unconditionally supported
EPA’s proposal to replace the PM10
indicator with a qualified PM10–2.5
indicator that would provide targeted
protection by including certain ambient
mixes of thoracic coarse particles and
excluding others. Support for the
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proposed approach came almost entirely
from those industrial sectors whose
sources were excluded from the
proposed qualified PM10–2.5 indicator
(i.e., agriculture and mining interests).
While these commenters argued that
EPA should not maintain any standard
for thoracic coarse particles, they
conditionally supported the qualified
indicator if any standard were to be set.
In contrast, all other commenters,
including environmental and public
health groups, State and local agencies,
and industries not excluded from the
proposed indicator (e.g., transportation
and construction), opposed the
proposed qualified indicator.
Representatives from a variety of groups
who otherwise disagreed on various
aspects of the proposed indicator
commented on the need for additional
research to address the uncertainties in
the current body of evidence regarding
coarse particles and health effects. In
addition, a variety of commenters urged
EPA to deploy additional PM10–2.5
monitors in both urban and rural areas,
consistent with the advice of CASAC, to
provide a more robust and complete
body of evidence regarding coarse
particle effects.
Commenters conditionally supporting
the proposal expressed the view that
EPA should exclude non-urban windblown dust and soil from the PM10–2.5
indicator. According to these
commenters, ‘‘such particles have been
shown to be nontoxic, and the scientific
studies show that they are not
associated with adverse health effects’
(American Farm Bureau Federation, p.
1). Furthermore, these commenters
agreed with the proposed exclusion for
agricultural and mining sources, stating
that ‘‘the preponderance of scientific
evidence continues to demonstrate that
fugitive dust from agricultural and
mining operations presents no
substantial health or welfare concerns’
(National Mining Association, p. 1; see
also National Cattlemen’s Beef
Association, p. 1). These commenters
quoted extensively from the Criteria
Document and Staff Paper, and made
points that were in many cases
conceptually similar to the arguments in
these documents and in the proposal.
These commenters also tended to argue
that there is substantial scientific
evidence showing an absence of health
effects from rural particles.
These commenters cited differences
in the composition of the mix of
particles in urban areas versus the mix
of particles in non-urban areas, which
they stated is dominated by wind-blown
soil fractions including silicates,
primary organic materials including
ground plant matter, residential wood
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smoke, and dust from unpaved roads.
Though the coarse particle mix in urban
areas also contains significant crustal
materials, the commenters stated that it
is contaminated by a wide variety of
industrial and combustion-related
byproducts, such as metals and organic
materials (tire and brake wear, vehicle
exhaust, industrial emissions,
residential fuel combustion). These
commenters noted that studies
conducted in urban areas have linked
health effects specifically to these
urban-industrial contaminants. For
example, the American Farm Bureau
Federation cited the distinction between
studies that found health effects related
to traffic emissions in urban areas
(Pearson et al., 2000; Kramer et al.,
2000; and Lin et al., 2002) and a study
they suggested found a strong
association between cardiovascular
mortality and motor vehicle exhaust
components, but a negative association
between soil and total mortality (Mar et
al., 2000).68 Some of these commenters
argued that coarse mode particles,
especially crustal coarse mode particles,
are unlikely to serve as carriers of
urban-area contaminants because they
have less surface area, do not adsorb
contaminants easily, and have short
atmospheric residence times. These
commenters conditionally agreed with
EPA’s proposed goal of focusing
regulatory efforts on the sources known
to be associated with toxic coarse
particles, especially traffic (Coarse
Particle Coalition). Some of these
commenters cited new studies
completed after the close of the Criteria
Document as providing additional
evidence of associations between trafficrelated emissions and adverse health
effects (e.g. Kim et al., 2004; Ryan et al.,
2005; Garshick et al., 2003; McDonald et
al., 2004; and Ostro et al., 2006).
These commenters also stated that
while urban contaminants may increase
the toxicity of coarse particles, studies
have demonstrated a lack of adverse
effects associated with exposure to
coarse particles in non-urban areas (e.g.,
Buist et al. (1983) study of exposure to
Mount St. Helens’ ash among diabetic
children). Furthermore, these
commenters argued that studies have
found a lack of effects associated with
exposure to crustal materials in general.
They cited the lack of an association
between mortality and dust storms
found in Schwartz et al. (1999) and also
noted that studies such as the 6-city
study by Laden et al. (2000) have found
68 Commenters cite the original publication. In
the subsequent reanalysis, the investigators report
‘‘our original findings remained unchanged’’ (Mar
et al. 2003).
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that crustal material, in both the fine
and coarse fractions, is not associated
with increased mortality. Thus, these
commenters argued that there is
sufficient evidence to show that crustal
particulate matter is essentially benign
and therefore should be excluded from
the coarse particle indicator.
The EPA agrees with these
commenters that the strongest available
evidence relates to the toxicity of the
ambient mix of coarse particles found in
urban environments. The limited
evidence available from epidemiologic
and toxicologic studies indicates
exposure to ambient thoracic coarse
particulate in urban areas is associated
with health effects, and the health
evidence more strongly implicates
coarse particles from urban types of
sources such as resuspended dust from
high-density traffic on paved roads and
PM generated by industrial sources and
construction sources than coarse
particles from uncontaminated soil or
geologic sources. The EPA also agrees
that there is far more evidence
concerning health effects associated
with thoracic coarse particles in urban
areas than in non-urban areas. However,
EPA disagrees with these commenters
that there is sufficient evidence to
demonstrate that there are no adverse
health effects from community-level
exposure to coarse particles in nonurban areas. Rather, the existing
evidence is inconclusive with regard to
whether or not community-level
exposures to thoracic coarse particles
are associated with adverse health
effects in non-urban areas. However,
EPA does agree with these commenters
that additional research is needed to
clarify this issue and to reduce some of
the other uncertainties regarding the
effects associated with coarse particles.
As discussed above, the EPA is, in fact,
expanding both its research and
monitoring programs to collect
additional evidence on the differences
between coarse particles typically found
in urban areas and those typically found
in rural areas. Specifically, EPA notes
that the Agency’s National Center for
Environmental Research recently issued
a Request for Proposals on ‘‘Sources,
Composition, and Health Effects of
Coarse Particulate Matter’’ which is
designed to (1) improve understanding
of the type and severity of health
outcomes associated with exposure to
PM10–2.5; (2) improve understanding of
subpopulations that may be especially
sensitive to PM10–2.5 exposures
including minority populations, highly
exposed groups, and other susceptible
groups; (3) characterize and compare the
influence of mass, composition, source
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characteristics and exposure estimates
in different locations and differences in
health outcomes, including comparisons
in rural and urban areas; and (4)
characterize the composition and
variability of PM10–2.5 in towns, cities or
metropolitan areas, including
comparisons of rural and urban areas. In
addition, as described in the final
monitoring rule published elsewhere in
today’s Federal Register, EPA and the
states will require measurement of
PM10–2.5 at 75 new multipollutant
monitoring sites around the country.
These sites will provide continuous
measurements of mass as well as
chemical speciation. EPA will locate 55
of these sites in urban areas and 20 in
rural areas in order to gather
information on the composition and
transport of coarse particles in urban
and rural areas. In addition, these
monitors will employ the latest in
speciation technology to advance the
science so that future regulation will
provide more targeted protection against
the effects only of those coarse particles
and related source emissions that prove
to be of concern to public health.
In addition, EPA disagrees with these
commenters that there is sufficient
evidence to exclude crustal materials
from the coarse particle indicator
regardless of the degree of
contamination. Although there is some
evidence that coarse particles of natural
geologic origin are relatively non-toxic
in their uncontaminated form, the
Criteria Document notes that such
particles may become sufficiently
‘‘contaminated by toxic trace elements
or other components from previously
deposited fine PM,’’ to cause health
effects (EPA, 2004a, 8–344). Indeed, the
urban coarse PM associated with
adverse health effects in the studies
discussed above was, by mass,
predominantly crustal in origin.69 As
noted in the proposal and in the
response to these commenters on the
69 The American Farm Bureau Federation’s
summary of the results of Mar et al. (2000), offered
in support of their arguments about the lack of
effect of soil or crustal materials, misses some
important elements of the study results. A major
finding of the original study as well as the
reanalysis (Mar et al., 2003) was an association
between PM10–2.5 particles and mortality. The
analysis in this work that examined sources and
components examined contributions to the effects
of PM2.5, not to PM10–2.5. In the opinion of the
authors, the factor commenters call motor vehicle
exhaust ‘‘probably represents the influence of motor
vehicle exhaust and resuspended road dust’’ (Mar
et al., 2000, p. 351). The negative association for
‘‘soil’’ in the fine fraction cited by the commenter
was apparently related to problems in the PM2.5
measurement. When the data were reassessed for
the period with an improved sampler, the authors
report that the association between soil and
mortality was ‘‘positive and significant at 0 days
lag’’ (ibid., p. 352).
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61189
need to maintain a coarse particle
standard, EPA is aware of the studies
that found no effects on mortality at
lower coarse particle concentrations, but
believes, consistent with the Staff Paper
and Criteria Document conclusions, that
the evidence is suggestive of a coarse
particle effect in urban or industrial
areas.70 The EPA continues to believe
that urban sources may significantly
alter both the relative quantity and
character of crustal and natural
biological materials in ambient mixes in
urban areas. As noted above in section
III.C.1, metals and other contaminants
such as elemental carbon tend to appear
in higher concentrations in the urban
PM10–2.5 mix, and vegetative materials
are ground and resuspended by trafficrelated activities into forms not common
outside urban areas.
In contrast to those few commenters
who conditionally supported EPA’s
proposed indicator, the vast majority of
commenters opposed one or more
aspects of EPA’s proposed indicator,
including: (1) The basic decision to
qualify the indicator to focus on
particles associated with certain types of
sources and to exclude other ambient
mixes; and (2) the particular
qualifications applied to the indicator,
including the proposed siting
requirements for coarse particle
monitors suitable for comparison with
the NAAQS and the proposed exclusion
of agricultural, mining, and other
similar sources from control under the
standard. This large group of
commenters advanced scientific as well
as legal and policy arguments against
drawing a distinction between particles
typical of urban versus non-urban or
rural areas. These commenters included
public health groups such as the
American Lung Association, the
American Heart Association, the
American Cancer Society, the American
Diabetes Association, and the American
Public Health Association, and
environmental groups such as
Earthjustice, Environmental Defense,
and the Natural Resources Defense
Council. It also included the State and
Territorial Air Pollution Program
70 The Laden et al. (2000) study cited by
commenters was reanalyzed in Schwartz (2003),
with qualitatively similar findings. As in Mar et al.
(2000, 2003), this study examined the associations
of crustal materials in the fine particle fraction, in
which they make up such a small fraction of fine
mass that one of the six cities had to be excluded
from the analysis (Laden et al., 2000, p. 945). While
this result does not provide any support for
associations between coarse crustal materials and
mortality, given the lower concentrations of coarse
particles in five of the six cities and the lack of
examination of coarse particle composition, the
results are inconclusive with respect to the
potential effects of higher concentrations of coarse
particles.
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Administrators and the Association of
Local Air Pollution Control Officials
(STAPPA/ALAPCO) and numerous
individual State and local air pollution
control agencies, as well as dozens of
Tribes and Tribal organizations such as
the National Tribal Caucus, the National
Tribal Air Association and its parent
organization, the National Tribal
Environmental Council. In addition, a
number of industry groups expressed
opposition to the proposal to qualify the
coarse particle indicator; in general,
these comments came from groups
representing industry categories that
were not excluded from the proposed
indicator, such as the Engine
Manufacturers Association, the Alliance
of Automobile Manufacturers, and the
National Association of Home Builders.
Though these industry commenters
primarily argued against setting any
coarse particle standard at this time,
they stated that if a standard were to be
adopted, scientific evidence did not
support the proposal to qualify the
indicator based on the mix of sources
present.
Commenters opposed to a qualified
coarse particle indicator advanced
numerous scientific arguments to
support their position. They criticized
EPA’s interpretation of key
epidemiologic studies, such as Gordian
et al. (1996), Choudhury et al. (1997),
Ostro et al. (2003), Smith et al. (2000)
and Mar et al. (2003), arguing that these
studies linked thoracic coarse particles
to adverse health effects in
environments where crustal
components formed a significant part of
the ambient mix of PM10–2.5. For
example, commenters argued that the
study conducted by Ostro et al. (2003)
in Coachella Valley, which found
statistically significant associations
between exposure to coarse particles
and mortality, provides direct evidence
of harm from exposure to rural particles.
These commenters also challenged the
results of Schwartz et al. (1999),
attributing the lack of statistically
significant mortality results in that
study to avoidance behavior (i.e., people
may stay inside during dust storms) and
noting that the study might have drawn
different conclusions if morbidity
endpoints had been considered. In
support of this argument, they pointed
to Hefflin et al. (1994), which looked at
hospitalizations for bronchitis and
sinusitis during dust storms and did
find a small increase in these effects in
the same area.
In addition, a number of commenters,
including States, researchers,
environmental and public health
groups, and industry commenters, cited
studies of particle composition as
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showing that the coarse PM found in
rural areas is commonly contaminated
with the same toxic components as
particles found in urban areas (e.g.
Alaska Department of Environmental
Conservation; American Lung
Association; Engine Manufacturers
Association; Veranth). Moreover, these
commenters noted that rural dusts may
contain additional toxic contaminants
such as molds, fungi, endotoxins,
pesticides, and carbonaceous
compounds including polycyclic
aromatic hydrocarbons (PAHs), all of
which are associated with rural sources
and have been shown to produce toxic
effects (citing studies including: Monn
and Becker 1999; Soukup and Becker
2001; Horvath et al., 1996; Offenberg
and Baker, 2000; Eleftheriadis and
Colbeck, 2001). (See American Lung
Association et al., pp. 92–100.) In
addition, some commenters pointed to
studies of the composition of coarse
particles in particular locations, such as
Owens and Mono Lakes in California, as
evidence of the dangerous nature of
rural particles. Commenters noted that
coarse particles from these areas are
contaminated by heavy metals, arsenic,
and other toxic contaminants, but
would be excluded from the proposed
indicator.
Commenters critical of the proposed
decision to qualify the coarse particle
indicator also stated that EPA had
inappropriately relied on the relatively
few studies involving exposure to
crustal materials, especially the Mt. St.
Helens’ studies. These commenters
expressed the view that EPA should not
equate exposure to volcanic ash to
exposure to coarse particles emitted
from agricultural and mining industries.
Commenters noted that volcanic ash
lacks many of the organic components
typical of rural coarse PM, including
pesticides and PAHs. Commenters
pointed to specific components of
coarse particles emitted by agricultural
or mining activities, including
endotoxins, pesticides, and metals, that
they claim are associated with adverse
health effects. These commenters argued
that coarse particles in rural and other
non-urban areas are not generally
‘‘uncontaminated materials of geologic
origin’’ or ‘‘uncontaminated natural
crustal dusts.’’ They argued that some of
the effects noted in epidemiologic
studies of thoracic coarse particles, such
as Mar et al. (2003), occurred in areas
dominated by agricultural or mining
dusts (Maricopa County Air Quality
Department, p. 3–4). Some commenters
also stated that EPA had not
demonstrated or even claimed that
coarse particles associated with
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agricultural and mining activities are
harmless. Citing a long history of
occupational studies documenting
effects and EPA’s statement in the
proposal that ‘‘in the 1987 review, EPA
found that occupational and
toxicological studies provided ample
cause for concern related to higher
levels of thoracic coarse particles’ (71
FR 2654), these commenters urged EPA
to give greater weight to the results of
such studies.
A number of commenters opposing a
qualified PM10–2.5 indicator referenced
‘‘new’’ epidemiologic and toxicologic
studies which were not included in the
Criteria Document in support of their
arguments in favor of an unqualified
PM10–2.5 indicator. Specifically, the
commenters pointed to recent
epidemiologic studies showing
statistically significant adverse health
effects from exposure to coarse particles
of varying composition, such as one
study that found an association between
exposure to volcanic ash and wheeze
and exercise-induced
bronchoconstriction (Forbes et al.,
2003). In addition, commenters cited
several ‘‘new’’ studies of health effects
associated with exposure to coarse
particles during Asian dust storms
(Chen Y-S et al., 2004; Chen and Yang,
2005; Yang C-Y et al., 2005; Chang et al.,
2006). Commenters also pointed to
‘‘new’’ toxicologic studies such as
Schins et al. (2004), Veranth (2004,
2006), Becker (2005), Labban et al.
(2004, 2006), and Steerenberg et al.
(2006), arguing that toxicological studies
do not show consistent differences
between urban and rural dusts.
In response to these commenters’ first
point regarding the epidemiologic
studies that were included in the
Criteria Document, EPA does not agree
with the commenters that these
epidemiologic studies provide direct
evidence of harm from non-urban or
rural crustal material. While EPA
acknowledges that crustal particles may
have dominated the ambient mix in
some of the locations in which these
studies were done, it is also the case
that these areas are all urban, so the
crustal materials in the ambient mix
typically would be contaminated by
metals, road dust, and other combustion
byproducts. At the same time, EPA
notes that CASAC cited the studies by
Ostro et al. (2000, 2003) as suggestive of
health effects associated with exposure
to rural crustal materials: ‘‘Little is
known about the potential toxicity of
rural dusts, although the 2000 and 2003
Coachella Valley, CA studies from Ostro
et al. showed significant adverse health
effects, primarily involving exposures to
coarse-mode particles arising from
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crustal sources’ (Henderson, 2005a, p.
4). Thus while EPA does not agree with
these commenters that the
epidemiologic studies demonstrate that
non-urban or rural crustal particles are
harmful, at the same time EPA believes
the studies do raise credible concerns
and suggest the need to be cautious in
interpreting the epidemiologic and other
evidence.
The EPA agrees with these
commenters that the observations of
Hefflin et al. (1994) suggest it is possible
that the lack of mortality effects on dust
storm days observed in Schwartz et al.
(1999) may be due to avoidance
behavior. As noted in the proposal (71
FR 2666), there is a possibility that
people may reduce their exposure to
ambient particles on the most dusty
days. This argues for caution in
interpreting the results of Schwartz et
al. (1999) with regard to the potential
health effects associated with exposure
to natural crustal material.
The EPA acknowledges the
limitations on the scientific evidence
identified by these commenters
regarding the differences in composition
and toxicologic effects of urban and
rural thoracic coarse particles. As noted
in the Criteria Document and Staff
Paper, there is clear evidence of toxicity
of certain components of thoracic coarse
particles, such as metals and
endotoxins, as well as evidence that
natural crustal materials of geologic
origin, such as Mt. St. Helens volcanic
ash, may have very little toxicity. There
is largely an absence of evidence
regarding the presence or absence of
toxicologic effects associated with other
types of coarse particles in non-urban
areas. However, EPA agrees that
thoracic coarse particles in non-urban
areas may become contaminated with a
wide variety of toxic materials (EPA,
2004a, p. 8–344). Clearly, however,
crustal material associated with
particular locations, such as the dry
lakebeds of Owens and Mono Lakes, can
be highly contaminated with metals,
salts, and other toxic constituents. The
EPA agrees with commenters that the
potential toxicity of these components is
well recognized; however, such
locations tend to be isolated and not
representative of other locations.
In response to other comments raised
by this group of commenters, EPA
continues to find it inappropriate to
assume that effects observed in
occupational studies should be
considered representative of effects that
would occur at community exposure
levels. However, EPA agrees with
commenters that the presence of
occupational exposure studies
demonstrating adverse effects lends
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further support to a cautious approach
in considering revisions to the standards
affording protection from thoracic
coarse particles. Finally, to the extent
that commenters cited new scientific
studies that were not considered in the
Criteria Document in support of their
arguments against a qualified coarse
particle indicator, EPA notes that as
discussed above in section I.C, EPA it is
basing the final decisions in this review
on the studies and related information
included in the PM air quality criteria
that have undergone CASAC and public
review, and will consider the newly
published studies for purposes of
decision making in the next PM NAAQS
review.
Overall, the scientific evidence
supports a conclusion that the risks of
adverse health effects associated with
thoracic coarse particles typically found
in urban or industrial areas warrant
targeted protection. Although the
limited and inconclusive evidence does
not support such a conclusion
concerning thoracic coarse particles
typically found in non-urban or rural
areas, it supports a cautious approach
concerning thoracic coarse particles.
The EPA agrees with all the commenters
who pointed to the need for additional
research to strengthen the current body
of evidence to reduce some of the
uncertainties regarding the health
effects associated with coarse particles.
In addition to their criticisms of the
scientific basis for EPA’s proposed
indicator, commenters opposed to a
qualified indicator also advanced legal
and policy arguments against EPA’s
proposed approach. In particular,
commenters criticized the proposal’s
provision that ‘‘agricultural sources,
mining sources, and other similar
sources of crustal materials shall not be
subject to control in meeting this
standard’’ (71 FR 2699); a large number
of commenters expressed the view that
the exclusion is flatly illegal, citing CAA
section 101 (a) (3) and case law in
support. These commenters also pointed
to CASAC’s March 21, 2006 letter to the
Administrator which stated that EPA
had misconstrued the finding of the
Committee and that the proposed rule—
particularly the source-category
exclusions—was not consistent with the
Committee’s recommendations.
These commenters also stated that
EPA had failed to demonstrate that its
proposed qualified indicator would
protect public health with an adequate
margin of safety. Pointing again to the
relative paucity of data regarding health
effects associated with coarse particles
of differing compositions, and the
almost complete lack of evidence
regarding health effects in rural areas,
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these commenters expressed the view
that EPA must demonstrate
affirmatively that the coarse particle
standards will ensure an absence of
adverse effects on sensitive individuals
(American Lung Association, p. 82,
citing Lead Industries Ass’n v. EPA, 647
F.2d 1130, 1153 (D.C. Cir. 1980) and
American Lung Ass’n v. EPA, 134 F.3d
388, 389 (D.C. Cir. 1998)), and that in
the absence of evidence, or in the face
of significant uncertainty, the CAA
requirement to provide an adequate
margin of safety obligates EPA to
regulate all coarse particles equally
(Lead Industries Ass’n v. EPA, 647 F.2d
1154–55). Some of these commenters
pointed to the DC Circuit Court’s
instruction in ATA III that ‘‘[t]he Act
requires EPA to promulgate protective
primary NAAQS even where * * * the
pollutant’s risks cannot be quantified or
‘precisely identified as to nature or
degree’ ’’ (ATA III, 283 F.3d 355, 369
(quoting PM NAAQS, 62 FR 28653)).
Commenters also argued that, under
the CAA, EPA is charged with setting
ambient standards that are national in
scope and application, and that the
proposed qualified indicator fails this
test. Citing Whitman, 531 U.S. at 473,
some of these commenters stated that
the proposed qualified indicator is a
thinly veiled attempt to establish a
coarse particle standard that only
applies to urban areas, and that it denies
citizens in non-urban areas adequate
health protection. Several commenters,
including numerous Tribes, argued that
the qualified indicator, by virtue of
depriving non-urban populations of
protection from coarse particles,
violated principles of environmental
justice and the government’s Trust
Responsibility to Tribes.
Commenters pointed to other
concerns as well, many of them focused
on specific aspects of the proposed
PM10–2.5 indicator. First, some
commenters stated that the proposed
qualified indicator inadequately
describes the substance(s) being
regulated. These commenters argued
that EPA is attempting to establish a
composition-based indicator without
being able to define adequately which
particular chemical or physical
components are associated with adverse
health effects. Furthermore, commenters
pointed out that the indicator was
defined in large part through an
implementation strategy—i.e. via the
placement of monitors—rather than in
scientific terms. The Alliance of
Automobile Manufacturers expressed
concern that the result would be that
two sources of coarse particulate matter
with similar composition that
presumably produce similar health
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impacts would be ‘‘given different
regulatory treatment based merely on
the non-scientific qualifiers established
in EPA’s indicator’’ (Alliance of
Automobile Manufacturers, p. 9).
In addition, some commenters
pointed to a logical paradox inherent in
the proposed PM10–2.5 indicator, which
is defined to include any ambient mix
‘‘dominated by’’ particles from
particular types of sources. Commenters
noted the potential for the same
concentration of ‘‘harmful’’ coarse
particles—i.e. particles from highdensity traffic, industrial sources and
construction sources—to be regulated
differently in different locations
depending on what percentage of the
ambient mix it constitutes relative to
‘‘crustal’’ particles. These commenters
stated that the coarse particle standard
must provide a consistent level of
protection from particles of concern,
and that use of a 50 percent domination
threshold would result in a variable
level of protection from particles of
concern.
The EPA also received an extremely
large number of comments from diverse
stakeholder groups—some of whom
conditionally supported a qualified
indicator—regarding perceived
problems with implementing the
proposed PM10–2.5 indicator. Many
commenters pointed out that EPA failed
to specify which source types were
included in the broad source category
descriptions listed in the indicator.
They requested further definition of
what could be considered an
‘‘agricultural source,’’ a ‘‘mining
source,’’ or ‘‘other similar sources of
crustal material’’ (i.e. those sources that
would be excluded from control under
the proposed standard), and which
‘‘industrial’’ and ‘‘construction’’ sources
were included in the indicator.
Furthermore, some commenters
inquired about the treatment of sources
that were neither explicitly included in
nor excluded from the proposed
indicator, such as residential and
commercial sources. In addition,
commenters wondered how EPA or the
States would make the determination
that one set of sources was ‘‘dominant,’’
given the scarcity of knowledge about
coarse particle emissions and air quality
concentrations, and the lack of suitable
source attribution techniques.
Commenters also objected to the
proposed five-part test for siting
NAAQS-comparable monitors, noting
that as written, the monitor siting
criteria arbitrarily would prohibit
monitoring and regulation of coarse
particles outside urbanized areas of
100,000 population, regardless of the
presence of large or numerous sources
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of the types of coarse particles of
concern or the nature of the ambient
mix. Commenters pointed out that the
monitor siting criteria, by virtue of their
highly prescriptive role in defining
where the pollutant can and cannot be
measured, in essence define the
indicator itself, and artificially narrow
its scope such that in many instances,
coarse particles of concern would not be
covered by the indicator. These
commenters argued that by failing to
provide protection from coarse particles
of concern in non-urban areas even
though the composition of those
particles may be identical to that of
coarse particles found in large urban
areas, the qualified indicator, as EPA
proposed to implement it, would be
under inclusive. Many Tribes and some
other commenters raised concerns about
the environmental justice implications
of the proposal and stated that EPA had
violated its Trust Responsibility toward
Tribes, because Tribal lands would be
virtually excluded from coverage under
the proposed monitor siting criteria,
regardless of the mix of particles
present. Furthermore, numerous
commenters stated that the siting
criteria would be impossible to
implement, so the criteria undermined
the proposed standard on a practical
level. Commenters particularly objected
to the fifth part of the monitor-site
suitability test, which as proposed
would require an affirmative
demonstration that the ambient mix at
the site was dominated by sources of
concern, even if all of the other four
monitor site-suitability criteria were
met. Commenters stated that this
demonstration would be impossible to
execute due to the lack of suitable data
and techniques, undermining the siting
of any NAAQS-comparable PM10–2.5
monitors.
In response to these perceived
problems with the proposed qualified
indicator, commenters suggested a
number of remedies. A few commenters,
mostly industry representatives who
preferred that no coarse particle
standard be set at the current time,
stated that if EPA does set a standard,
it should be based on a qualified
PM10–2.5 indicator, but EPA should fix
specific problematic aspects of the
proposal (e.g. clarify the definition of
included vs. excluded industries). Most
commenters, including States, Tribes,
and environmental and public health
groups, urged EPA to adopt an
unqualified PM10–2.5 indicator to ensure
adequate public health protection and to
avoid some of their perceived legal and/
or policy issues associated with the
qualified indicator. A few of these
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commenters recommended that EPA
utilize the Exceptional Events Rule,
proposed on March 10, 2006 (71 FR
12592–12610), to exclude violations
caused by rural windblown dust.
According to these commenters, this
would be consistent with historical
practice, because in the past the Natural
Events Policy has been applied in many
instances to exclude data associated
with dust storms and other events from
consideration under the PM10 standard
(see New Mexico Air Quality Bureau, p.
10).
Some commenters advocating an
unqualified PM10–2.5 indicator stated
that, given the limitations on the
scientific evidence, and in light of some
of the other problems identified with
the proposed qualified indicator, EPA
should consider retaining the current
PM10 standards to continue protection
from coarse particles. They expressed
particular concern about the absence of
control in the interim period between
the issuance of the final PM NAAQS
rule (which as proposed would include
the revocation of existing PM10
standards in almost all locations) and
the completion of designations under a
new PM10–2.5 standard (which would
require deployment of a new monitoring
network followed by 3 years of data
collection). A few of the commenters
advocating the retention of the PM10
standards suggested that measurements
of PM10 could be adjusted by subtracting
out PM2.5 to avoid double regulating the
fine fraction, to satisfy a concern voiced
by the D.C. Circuit in ATA I (e.g.,
Alliance of Automobile Manufacturers;
also some Tribes and States). Some
Tribal, State and local commenters
suggested that the 24-hour PM10
standard be retained permanently in all
areas where the PM10–2.5 standard did
not apply by virtue of the monitoring
requirements, which limited NAAQScomparable monitors to sites that met
the five-point site suitability test
outlined in the monitoring rule.
While EPA proposed a qualified
indicator that attempted to include
certain ambient mixes of thoracic coarse
particles and exclude others, EPA’s
evaluation of the large number of
adverse comments received on the
proposed qualified indicator has led it
to the conclusion that significant
caution is warranted in considering
such revisions to the scope of the
indicator affording public health
protection from coarse particles. As
discussed below, there are two main
issues that arise from consideration of a
qualified indicator for thoracic coarse
particles: (1) The inability to effectively
and precisely identify which coarse
particles are included in the indicator
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and which are not; 71 and (2) the
importance of providing some level of
protection from exposure to all thoracic
coarse particles while targeting
protection at those kinds of thoracic
coarse particles for which there is more
evidence regarding adverse health
effects.
As explained earlier in this section,
EPA continues to believe that, from a
scientific standpoint, it is appropriate to
draw a distinction between the
character of the ambient mix of thoracic
coarse particles generally found in
urban areas and that found in non-urban
and, more specifically, rural areas,
recognizing that the mix of coarse
particles in urban areas is influenced to
a relatively greater degree by
components from urban mobile and
stationary source emissions and that the
evidence of health effects associated
with exposure to these urban types of
coarse particles should not be
generalized to other types of coarse
particles. In the presence of significant,
though limited, evidence of effects in
urban areas, it remains EPA’s view that
a targeted indicator that focuses control
on areas with ambient mixes of coarse
particles known to be associated with
adverse health effects will provide the
most certain and substantial public
health benefits.
However, EPA also recognizes a
number of flaws in the proposed
qualified indicator, as noted by
numerous commenters, most
specifically the difficulties inherent in
attempting to effectively and precisely
identify the ambient mixes of concern.
These include: (1) The artificial
constraints on the reach of the indicator
resulting from the application of
quantitative monitor site-suitability
criteria such as the requirement that
NAAQS-comparable monitors can only
be sited in urbanized areas with
minimum 100,000 population even if
there is an ambient mix of concern
around such an area; and (2) the
difficulties associated with attempting
to determine with any precision which
sources ‘‘dominate’’ the ambient mix of
coarse particles in different locations.
The quantitative constraints in the
monitor site-suitability criteria result in
an under-inclusive indicator that fails to
include all ambient mixes of concern.
Smaller urban and/or industrial areas,
for example, would not meet the
proposed monitor siting criteria, but
might have an ambient mix of concern.
Consequently, EPA agrees with
commenters that unless the constraints
were changed, the proposed indicator
71 These concerns apply both to defining the
qualified indicator and implementing the standard.
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would be under-inclusive. The EPA has
considered several options to modify
the quantitative criteria, including those
discussed in the proposal (see
Weinstock, 2006). For example, EPA
evaluated different possible minimum
population thresholds (e.g., 25,000 or
50,000 instead of 100,000) for areas
eligible to site NAAQS-comparable
monitors, and/or the possibility of
adding additional criteria to include
areas that do not meet a quantitative
population threshold but are dominated
by industrial or traffic-oriented sources.
Each of these options, however, was
found too inflexible to capture all
relevant areas or too difficult to
implement in practice. Thus, EPA
believes that even a more complex set
of quantitative criteria would fail to
resolve the basic problem inherent in
precisely identifying those ambient
mixes to include and those to exclude.
Based on the data available to us in this
review, there still remains a clear risk of
failing to capture all ambient mixes of
concern, or of capturing ambient mixes
that are intended to be excluded from
the qualified indicator.
Moreover, as a general matter, the use
of a qualified indicator without such
objective monitor site-suitability criteria
would still present serious problems
because it is currently impossible to
determine with any precision which
sources ‘‘dominate’’ the ambient mix in
many different locations. Although it
may be easy in certain instances to
identify an ambient mix dominated by
urban and/or industrial sources, in
many cases it would be difficult to
determine whether that precise ambient
mix presents the types of health risks
identified in the epidemiologic and
other studies. The EPA is currently
unable to identify any set of objective
criteria or techniques such as chemical
air quality speciation or modeling that
could be practically employed to ensure
adequate inclusion of all areas with
particles of concern, and exclusion of
areas without such particles.
The EPA is also aware that the legal
concerns raised by commenters with
regard to the exemption of agricultural
and mining sources from control under
the standard, and the specific sections
of the Clean Air Act that speak to this
issue, would require careful
consideration if the proposed qualified
indicator were to be adopted. The
logical paradox noted by commenters is
also a flaw in the qualified indicator
that would need to be resolved. It is
another example of the lack of precision
in the use of such a qualified indicator.
After careful consideration of the
concerns raised by commenters and the
options available, EPA now agrees with
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commenters that the proposed qualified
indicator is fundamentally flawed,
because it cannot effectively and
precisely identify the ambient mixes of
concern and because modifications to
the indicator that could rectify this and
other problems highlighted by the
commenters have not been identified.
At the present time, therefore, EPA
believes that there is an inherent risk
that a qualified indicator would not
include all of the ambient mixes of
concern which the indicator is intended
to capture.
Furthermore, in light of the significant
scientific uncertainty surrounding the
health effects associated with different
ambient mixes of coarse particles, EPA
agrees with commenters that the
proposed qualified indicator would be
insufficiently protective and further
concludes that, given the limitations on
the evidence regarding the health risks
associated with different ambient mixes,
some protection from exposure to
thoracic coarse particles is warranted in
all areas. The EPA recognizes that
additional data will be collected and
analyzed that will be useful to inform
the next review.
The EPA has already set out the
reasons for providing protection from
exposure to ambient mixes dominated
by the types of thoracic coarse particles
found in urban or industrial areas. With
respect to other ambient mixes, some
commenters have argued that the
scientific evidence, including
epidemiologic, dosimetric, toxicologic,
and occupational studies, demonstrates
that non-urban mixes of thoracic coarse
particles are harmful, and therefore that
EPA should maintain an unqualified
indicator. Other commenters argue that
the evidence demonstrates that nonurban mixes of thoracic coarse particles
are benign and therefore EPA should
retain a qualified indicator. The EPA
disagrees with both of these views
regarding the strength of the evidence.
The existing evidence is inconclusive
with regard to whether or not
community-level exposures to thoracic
coarse particles are associated with
adverse health effects in non-urban
areas. In light of this uncertainty and the
need for caution in considering the
evidence, and recognizing the large
population groups potentially exposed
to non-urban thoracic coarse particles
and the nature and degree of the health
effects at issue, it is the judgment of the
Administrator that the proper response
to this body of evidence is to provide
some protection from thoracic coarse
particles in all areas. Congress
‘‘specifically directed the Administrator
to allow an adequate margin of safety to
protect against effects which have not
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yet been uncovered by research and
effects whose medical significance is a
matter of disagreement * * * Congress’
directive to the Administrator to allow
an ‘‘adequate margin of safety’’ alone
plainly refutes any suggestion that the
Administrator is only authorized to set
primary air quality standards which are
designed to protect against health effects
that are known to be clearly harmful.’’
Lead Industries v. EPA, 647 F.2d at
1154–55; see also American Petroleum
Inst. v. Costle, 665 F.2d at 1186 (‘‘in
setting margins of safety the
Administrator need not regulate only
the known dangers to health’’).
The Administrator has carefully
reviewed the scientific evidence and
recommendations contained in the Staff
Paper, the advice and recommendations
from CASAC, and the public comments
received regarding the appropriate
indicator for coarse particles. After
doing so, the Administrator has decided
that it would not be appropriate at this
time to revise the indicator for coarse
particles by adopting a qualified
PM10–2.5 indicator, either as proposed or
with modifications. At the same time,
the Administrator believes it is
appropriate to target protection from
thoracic coarse particles principally
towards those types of coarse particles
that have been demonstrated to be
associated with significant adverse
health effects, specifically urban and
industrial ambient mixes of coarse
particles.
In general, EPA believes these
conclusions regarding the potential
health effects associated with thoracic
coarse particles, and the conclusion that
an unqualified indicator that provides
targeted protection is the most
appropriate approach for regulating
coarse particles, are consistent with
views expressed by CASAC. In its June
6, 2005 letter, CASAC expressed the
view that it was ‘‘important to qualify
the PM10–2.5 standard by somehow
allowing exceptions for regions where
the coarse fraction was composed
largely of material that was not
contaminated by industrial- or motor
vehicle traffic-associated sources.
Options discussed by members of the
Panel for attempting to achieve this
approach included limiting the standard
to cover ‘‘all’’ urban areas, the judicious
siting of monitors with a focus on urban
areas, or regulatory exceptions for
regions where road dust is not an issue
or where rural components dominate
the source. No single option was
favored’’ (Henderson, 2005a, p. 8,
emphasis added). CASAC thus
recognized that there were numerous
ways to approach the need for targeted
protection. In its September 2005 letter
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responding to the recommendations
regarding a qualified PM10–2.5 indicator
in the final Staff Paper, the PM Panel
noted that some members did not favor
adoption of a qualified indicator.
Moreover, CASAC clearly anticipated
the difficulties associated with adopting
a qualified PM10–2.5 indicator:
CASAC generally agrees with EPA staff
conclusions that thoracic coarse particles in
urban areas can be expected to differ in
composition from those in rural areas and
that evidence of associations with health
effects related to urban coarse-mode particles
would not necessarily apply to non-urban or
rural coarse particles (although it is likely
that there will be some overlap of the same
contaminants in both areas). Most Panel
members concurred that the current scarcity
of information on the toxicity of rural dusts
makes it necessary for the Agency to base its
regulations on the known toxicity of urbanderived coarse particles, and that an urban
coarse particle indicator should be specified
as UPM10–2.5. Other Panel members
recommended specifying a national PM10–2.5
standard accompanied by monitoring and
exceptional-events guidance that emphasized
urban influences. Some members also
expressed concerns whether EPA would be
able to specify a clear definition of ‘‘urban’’
to effectively determine in advance the
specific conditions in which the standard
would (and would not) apply. It is
recognized that, as more information on the
toxicity of rural dusts is acquired, the name
and/or geographical focus of a coarse-particle
indicator may need to be reconsidered* * *.
There is a paucity of data currently available
on health outcomes related to thoracic coarse
particles in rural areas and limited
information on the composition and toxicity
of rural area coarse particles. (Henderson
2005b, p. 4)
CASAC also commented negatively on
the proposed qualified indicator, raising
concerns about the quantitative criteria
for monitor siting and the source
exclusions, as well as flagging the need
for more information about health
effects in non-urban areas (Henderson,
2006, p.4).
The comments and concerns
expressed by CASAC are consistent
with the difficulties EPA has
encountered in attempting to craft a
qualified indicator, and the Committee
correctly anticipated these difficulties.
Furthermore, CASAC’s advice is
generally consistent with the ultimate
decision by the Administrator not to
move to a qualified PM10–2.5 indicator at
present. The practical difficulties and
imprecision associated with a qualified
indicator, as well as the substantial
scientific uncertainty regarding the
health effects associated with different
components and mixes of coarse
particles, the large population groups
potentially exposed to non-urban
thoracic coarse particles and the nature
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and degree of the health effects at issue,
have convinced the Administrator that
it is inappropriate to adopt a qualified
PM10–2.5 indicator at this time. In the
following section, EPA considers what
indicator would most appropriately
provide the type of targeted but
comprehensive protection judged
appropriate based on its review of the
scientific evidence.
3. Decision Not To Revise PM10
Indicator
For reasons discussed in the previous
section, in the view of the Administrator
it is not appropriate to revise the PM10
indicator by replacing it with a qualified
indicator for thoracic coarse particles at
this time. Based on the scientific
evidence already summarized, the
Administrator believes it is necessary to
maintain some protection from all
ambient mixes of thoracic coarse
particles, and also to have that level of
protection reflect the varying degree of
public health concern presented by the
different ambient mixes of thoracic
coarse particulate matter. This would
mean allowing lower ambient
concentrations of thoracic coarse
particles in urban areas, where the
evidence indicates the public health
risks to be significant, and higher levels
in non-urban areas where the public
health concerns are less certain. The
difficulty of the task is compounded
because there presently is no means of
achieving this objective by linking
allowable concentrations to specific
coarse particle chemical components.
As CASAC noted, ‘‘[s]ufficient data are
lacking at the present time to set
standards [for thoracic coarse
particulate matter] based specifically on
composition’’ (Henderson 2005b, p. 5).
Given these objectives and
constraints, EPA carefully considered
various possibilities regarding the
indicator for coarse particles, including
adopting an unqualified PM10–2.5
indicator, retaining the existing PM10
indicator, and/or retaining the PM10
indicator with adjustment to avoid
double-counting the PM2.5 fraction.
These options are discussed below.
a. Unqualified PM10–2.5 Indicator. The
EPA evaluated whether an unqualified
PM10–2.5 indicator would satisfy the
goals for public health protection
described above. However, if such an
indicator were utilized as part of a
standard with a single unvarying level,
it would not reflect the critical
difference in evidence regarding the
relative public health risks associated
with urban and non-urban thoracic
coarse particles. If the level were
selected to provide appropriate
protection against effects associated
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with exposure to the ambient mixes
typical of urban or industrial areas, the
standard would likely be more stringent
than necessary to protect against effects
associated with exposure to the ambient
mixes in non-urban areas. In the
judgment of the Administrator, the
evidence warrants a lower ambient
concentration of ambient coarse
particles in urban areas than in nonurban areas, where the coarse particles
are typically from different sources and
there is less evidence of public health
risk. Conversely, if a less stringent level
were adopted on the grounds that there
is less certainty that the ambient mix in
non-urban areas poses a health risk,
then the standard would not provide
sufficient protection from the ambient
mix found in urban or industrial areas.
In both instances the standard would
not be requisite overall, i.e., ‘‘not lower
or higher than is necessary,’’ to protect
the public health with an adequate
margin of safety. Whitman, 531 U.S. at
476.
Arguably this dilemma could be
resolved by adopting a standard based
on a PM10–2.5 indicator with a varying
level depending on whether the area is
urban or non-urban. However,
determining appropriate levels for
different kinds of ambient mixes is not
feasible at this time. The EPA notes that
given the variety of sources contributing
to PM10–2.5 concentrations in different
locations, a wide variety of ‘‘ambient
mixes’’ are likely to exist, greatly
complicating the determination of the
appropriate standard level for each
location. There is a lack of evidence to
support establishing specific
quantitative distinctions in level based
on variations in coarse particle
composition and differential toxicity. In
addition, there is insufficient evidence
regarding coarse particle composition in
different areas to allow for the proper
assignment of different standard levels
in different locations, and the technical
capabilities necessary to make such
determinations are currently lacking.
Even if EPA tried to assign only two
levels, urban and non-urban, the same
problems identified earlier with respect
to a qualified indicator would apply
here, given the inability to effectively
and precisely identify different ambient
mixes. Therefore, EPA finds that the
current state of the science does not
provide an adequate basis upon which
to establish a PM10–2.5 standard with an
appropriately varying level. As EPA’s
new research program produces
speciated monitoring data, thereby
improving scientific knowledge,
revealing more specific and precise
information about coarse particle
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composition and relative toxicity, and
about the distribution of ambient coarse
particle mixes of varying composition, it
will be appropriate in a future review to
revisit the option of a PM10–2.5 standard
with a variable level or a qualified
indicator.
b. PM10 Indicator. An alternative
approach would be to retain PM10 as an
indicator. The EPA recognizes, as did
many commenters, that the D.C. Circuit
concluded that EPA’s 1997 choice of
PM10 as the indicator for coarse particles
was arbitrary and capricious. ATA I, 175
F.3d at 1027, 1054–55. In that case, the
court noted the tension between EPA’s
conclusion that coarse and fine particles
are different kinds of particles and pose
independent and distinct threats to
public health, and its choice to address
the public health risks associated with
coarse particles indirectly, using an
indicator for coarse particles that
nonetheless includes both fine and
coarse particles. Although EPA adopted
PM10 as a ‘‘surrogate for coarse fraction
particles,’’ the court also noted EPA’s
recognition ‘‘that PM10–2.5 would have
served as a satisfactory coarse particle
indicator.’’ With this backdrop, the
court evaluated EPA’s three bases for
selecting PM10 as the indicator: (a) That
the two epidemiologic studies
underlying the standards for coarse
particles used PM10 rather than PM10–2.5
as the indicator; (b) that the PM10
standards would work in conjunction
with the PM2.5 standards ‘‘by regulating
the portion of particulate pollution not
regulated by the PM2.5 standards’’; and
(c) that a nationwide monitoring
network for PM10 already existed. Id. at
1054.
The court rejected the first two
arguments for two interrelated reasons.
First, use of PM10 as the indicator
regulates both fine and coarse particles,
contrary to EPA’s argument that the
PM10 indicator would work in
conjunction with the PM2.5 standard to
regulate only the coarse particle fraction
of PM10. The court concluded: ‘‘we
cannot discern exactly how a PM10
standard, instead of a PM10–2.5 standard,
will work alongside a PM2.5 standard to
regulate only the coarse fraction of
PM10. EPA provides no explanation to
aid us in understanding its decision.’’
Id. at 1054. Second, because the PM10
indicator regulates both fine and coarse
particles, the amount of coarse particles
allowed ‘‘will depend (quite arbitrarily)
on the amount of PM2.5 pollution in the
air.’’ Id. EPA failed to explain why this
result was consistent with its argument
that a PM10 indicator would increase the
likelihood that the standard would
achieve the desired level of protection
from exposure to coarse particles. The
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resulting combination of PM2.5 and PM10
standards would lead to double
regulation of fine particles and the
potential under-regulation of coarse
particles, since the amount of allowable
coarse particles would always depend
on the amount of fine particles in the
air. Id. The court rejected the third of
EPA’s arguments, the pragmatic,
administrative convenience of using the
existing monitoring network, on the
grounds that only factors related to
public health can be considered in
establishing a NAAQS. Id. at 1054–55.
In sum, the court rejected EPA’s
adoption of a PM10 indicator as arbitrary
because of the inadequacy of the reasons
provided by the Agency as support for
the decision.
Based on the current review of the
scientific evidence, EPA feels it is now
appropriate to reconsider utilizing PM10
as an indicator for coarse particles.
Unlike its view in 1997, EPA views
PM10–2.5 as an unsatisfactory indicator in
this review, for the reasons described in
the previous subsection. In addition,
EPA is not maintaining, as it did in
1997, that a PM10 indicator will work in
conjunction with the PM2.5 standard to
regulate coarse particles exclusively, nor
is the Agency justifying its choice of the
PM10 indicator on grounds of
administrative convenience. Instead,
after careful consideration, it is the view
of the Administrator that the PM10
indicator will in fact provide the type of
targeted protection from thoracic coarse
particles which is justified by the
emerging body of scientific evidence,
that it will do so more effectively and
more appropriately than all other
indicators evaluated by EPA during the
course of this review, and that the
inclusion of PM2.5 in the PM10 indicator
does not over-regulate fine particles or
under-regulate coarse particles.
To the contrary, the inclusion of PM2.5
in the PM10 indicator plays two
important roles in effectively providing
the kind of targeted health protection
called for under the current state of the
science. Because the PM10 indicator
includes both coarse PM (PM10–2.5)
and fine PM (PM2.5), the concentration
of PM10–2.5 allowed by a PM10
standard set at a single level declines as
the concentration of PM2.5 increases.
Thus, the level of coarse particles
allowed varies depending on the level of
fine particles present. At the same time,
PM2.5 levels tend to be lower in rural
areas and higher in urban areas. EPA,
2005, p. 2–54, and Figures 2–23 and 2–
24 at pp. 2–52 and 2–53. Thus, to the
extent that higher PM2.5 levels lead to a
lower allowable level of coarse particles
in some areas compared to others, this
will occur in precisely those locations—
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i.e. urban or industrial areas—where the
science has shown the strongest
evidence of adverse health effects
associated with exposure to coarse
particles. The EPA’s recent Particle
Pollution Report (EPA, 2004b, Figure 5,
p. 8) provides evidence that annual
average concentrations of PM2.5 in
selected eastern and western urban
areas consistently exceed the annual
average levels of PM2.5 in nearby rural
areas. This means that a PM10 standard
set at a single, unvarying level will
permit, on average, lower levels of
coarse particles in urban areas, where
PM2.5 concentrations tend to be higher.
The varying levels of coarse particles
allowed by a PM10 indicator will
therefore target protection in urban and
industrial areas where the evidence of
adverse health effects associated with
exposure to coarse particles is strongest.
For the same reason, lower levels of
PM2.5 lead to a higher allowable level of
coarse particles in non-urban areas,
again an appropriate result given the
inconclusive evidence of health risks
associated with coarse particles in these
areas. The varying amounts of coarse
particles that are allowed in urban vs.
non-urban areas under the 24-hour PM10
standard, based on the varying levels of
PM2.5 present, appropriately reflect the
differences in the strength of evidence
regarding coarse particle effects in urban
and non-urban areas.72
This result is consistent with our
current understanding of the strength of
the evidence regarding the toxicity of
different ambient mixes of thoracic
coarse particles in urban and non-urban
72 The EPA recognizes that this relationship is
qualitative. That is, the varying coarse particle
concentrations allowed under the PM10 standard do
not precisely correspond to the variable toxicity of
thoracic coarse particles in different areas. While
currently available information does not allow any
more precise adjustment for relative toxicity, EPA
believes the standard will generally ensure that the
coarse particle levels allowed will be lower in
urban areas and higher in non-urban areas. While
the allowable levels will vary with location due to
differing levels of fine particles, that variability will
ultimately be limited by implementation of the
PM2.5 standards. Areas that do not meet these
standards are taking steps to reduce PM2.5,
Currently, the annual fine particle standard places
limits on both the long- and short-term levels of fine
particles in a number of cities, particularly in the
east and in some California cities. In the long run,
this will serve to make the ‘‘headroom’’ allowed for
thoracic coarse particles (i.e. the allowable PM10
level minus the corresponding PM2.5 concentration)
more uniform among cities. The new 24-hour PM2.5
standard of 35 µg/m3 will promote this same result.
It should cause areas that now meet the annual
PM2.5 standard, but have high 24-hour PM2.5
concentrations, to adopt additional controls, further
reducing the variability in the ‘‘headroom’’ for
allowable thoracic coarse particle concentrations. In
combination with the annual standard, the revised
24-hour PM2.5 standard thus will provide for more
consistent allowable levels of thoracic coarse
particles in cities under the PM10 standard.
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or rural areas, and also is in accord with
our current understanding of the
observed toxicity in urban and
industrial areas. As noted in both the
proposal and the Criteria Document, the
observed toxicity of coarse particles in
urban and industrial areas comes from
the kind of coarse particles found in
these environments, for example direct
emissions from industrial sources or
materials released to road dust from
motor vehicles such as brake and tire
wear, as well as from the contamination
of coarse particles that can occur. This
contamination can come from both
mobile and stationary sources. In
particular, specific components, such as
byproducts of incomplete combustion
(e.g. polycyclic aromatic hydrocarbons)
most commonly emitted from motor
vehicles and other sources in the form
of PM2.5, as well as metals and other
contaminants emitted from other
anthropogenic sources, appear in higher
levels in urban areas (EPA, 2004a, p. 8–
344; 71 FR 2665). Many of these
contaminants in PM10–2.5 come
originally from fine particles, which
may become attached in the atmosphere
or be deposited and mixed into coarse
materials on the ground. Thus the
greater the concentration of PM2.5, with
higher levels typically found in urban
areas, the greater the level of
contamination of coarse particles by fine
particles. This contamination increases
the potential health risk posed by those
coarse particles. For that reason, it is
logical to allow lower levels of coarse
particles when fine particle
concentrations are high. In other words,
inclusion of PM2.5 in the PM10 indicator
for purposes of coarse particle
protection would appropriately reflect
the contribution that contaminants
emitted in fine particle form can make
to the overall health risk posed by
coarse particles.
Moreover, due to the contamination of
PM10–2.5 by PM2.5, use of a PM10
indicator will not result in
inappropriate double regulation of the
PM2.5 component. To the extent that use
of a PM10 indicator would result in any
reduction in PM2.5 concentrations in an
area, this would reduce the potential
health risk from coarse particles in the
area as well. There is no certainty that
the contribution of PM2.5 to the health
risk associated with exposure to
contaminated coarse particles would be
appropriately addressed through the
fine particle standards alone. Thus, to
the extent that the inclusion of the PM2.5
fraction in the PM10 indicator amounts
to double regulation of PM2.5, its
inclusion is non-duplicative and
reasonable: it ensures that this risk of
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contamination of coarse particles by
PM2.5 is addressed in the suite of fine
and coarse PM standards.
Some commenters nonetheless
maintained that the court’s opinion in
ATA I bars use of PM10 as an indicator
for coarse particles, stressing the court’s
statement that ‘‘[i]t is the very presence
of a separate PM2.5 standard that makes
retention of the PM10 indicator arbitrary
and capricious.’’ 175 F. 3d at 1054. The
EPA disagrees that the ATA I decision
precludes use of a PM10 indicator. The
court did not hold that it was unlawful
per se to use PM10 as an indicator for
thoracic coarse particles. Instead, the
court noted two particular problems—
the variable level of allowable
concentrations of PM10–2.5 and double
regulation of PM2.5—and found that EPA
either failed to address these issues, or
provided explanations that were
inconsistent and unsupported. Id. In
large part, the court’s decision was an
important factor in EPA’s close
evaluation and subsequent proposal of a
qualified PM10–2.5 indicator as part of
this NAAQS review. See EPA, 2005, p.
1–5. However, EPA now believes that a
qualified PM10–2.5 indicator is
inappropriate, and that an unqualified
PM10–2.5 indicator is more problematic
and less effective than a PM10 indicator
at providing the requisite level of
protection from the varying risks
associated with thoracic coarse
particles. Indeed, for the reasons
described above, PM10 is an effective
indicator for targeting coarse particles
because it provides the desired
variability in allowable coarse particle
concentrations.
Far from being arbitrary and
capricious, inclusion of PM2.5 serves
two important functions: first, it is the
mechanism that provides for the
variation in allowable PM10–2.5
concentrations, targeting lower
allowable levels where there is greater
public health concern; and second, to
the extent that there is ‘‘double
regulation’’ of PM2.5 by virtue of its
inclusion in the PM10 indicator (175
F.3d at 1054), regulation of PM2.5 via
this indicator serves valid, nonduplicative purposes in providing
requisite protection from thoracic coarse
particles. The EPA also notes that
‘‘double regulation’’ of a pollutant, in
the context of multiple NAAQS
standards, is neither impermissible nor
even unusual. For example, there are
both annual and 24-hour standards for
PM2.5, as well as both primary and
secondary standards for PM2.5. The key
is that the different standards
reasonably serve different purposes ‘‘
they are directed at different effects, or
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are not inconsistent when directed at
the same effect—as is the case here.
The EPA also recognizes that
selection of PM10 as the indicator for
thoracic coarse particles differs in some
degree from the specific advice
provided by CASAC to use a qualified
PM10–2.5 indicator directed at urban or
industrial thoracic coarse particles (71
FR 2665). However, EPA believes that
the PM10 indicator is consistent with the
central thrust of CASAC’s advice—to
utilize an indicator directed at urban
types of coarse particulate matter, given
the known toxicity of these particles—
because it would generally allow lower
levels of PM10–2.5 in urban areas. The
EPA has also explained why it has
rejected a qualified PM10–2.5 indicator at
this time, and notes that CASAC itself
considered multiple ways to achieve
some degree of targeted protection and
voiced strong objections to the qualified
PM10–2.5 indicator which the Agency
proposed (Henderson, 2006, p. 4). The
EPA has carefully considered CASAC’s
views in making its decision, and
believes the final decision is consistent
with the critical part of CASAC’s advice,
i.e., to focus the indicator (and standard)
on the type of thoracic coarse particles
known to be harmful, which are found
in urban and/or industrial
environments.
c. Unqualified PM10 Indicator, with
Adjustment to the PM2.5 Component.
EPA also solicited comment on an
approach that would use PM10 as an
indicator but subtract out the amount of
PM2.5 in excess of the 24-hour daily
standard for PM2.5 to avoid the double
regulation of PM2.5 in the situations
where this would have the most
regulatory consequence (71 FR 2673).
Specifically, this option would retain
the indicator, form and level of the 1987
PM10 standard, but on days when the
measured concentration of PM10
exceeds the level of the standard and
the measured concentration of PM2.5
exceeds the level of the daily PM2.5
standard, the amount of PM2.5 in excess
of the daily PM2.5 standard would be
subtracted from the total PM10. A few
commenters, including certain industry
commenters and several local agencies
and Tribes, expressed conditional
support for pursuing this approach:
though they preferred either no coarse
particle standard (in the case of industry
commenters) or an unqualified PM10–2.5
standard applied nationally (in the case
of Tribes or local agencies), they
suggested that an adjusted PM10
indicator would be an acceptable
alternative. This alternative, like an
unadjusted PM10 indicator, would allow
variable ambient concentrations of
coarse particles. The net result,
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however, would be that PM10–2.5 levels
would be allowed to increase relative to
the current PM10 standard when PM2.5
levels are highest. As explained above,
this is the opposite result from that
desired from a public health
perspective. There should be less
allowable coarse particulate matter as
PM2.5 levels increase because these are
the conditions under which PM10–2.5
tends to become more contaminated and
therefore more harmful. Furthermore, it
would essentially relax the level of
protection afforded by the current 24hour PM10 standard because it would
allow higher total PM10 levels on days
with high PM2.5 levels. As explained
below in section III.D.2, EPA believes it
is important to maintain the current
level of protection from health effects
associated with exposure to thoracic
coarse particles. For both of these
reasons, therefore, EPA rejected this
approach.
4. Conclusions Regarding Indicator for
Thoracic Coarse Particles
After extensive evaluation of the
evidence, the alternatives available to
the Agency, the advice and
recommendations of CASAC, and all of
the public comments, EPA concludes
that retaining the PM10 indicator will be
more effective in providing targeted
public health protection than all other
options available and, based on the
current state of the science, is the most
appropriate indicator to protect against
the health effects associated with
exposure to thoracic coarse particles.
Thus, in the judgment of the
Administrator, it is appropriate to retain
PM10 as the indicator for coarse particles
at this time. The conclusions that led to
this decision can be summarized as
follows:
(1) All thoracic coarse particulate
matter can deposit in the sensitive
regions of the lung of most concern, the
tracheobronchial and alveolar regions.
(2) It remains appropriate to provide,
to the extent possible, targeted
protection from thoracic coarse particles
that have been demonstrated to be
associated with significant adverse
health effects. Urban or industrial
ambient mixes of coarse particulate
matter dominated by high density
vehicular, industrial, and construction
emissions are of greatest concern, and
should be the focus of protection.
(3) The proposed qualified PM10–2.5
indicator was beset by numerous
problems. Possible modifications to the
qualifications considered by EPA failed
to resolve these problems, which stem
from the basic inability at this time to
effectively and precisely identify which
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ambient mixes are included in the
indicator and which are not.
(4) The evidence of health effects
associated with non-urban ambient
mixes of coarse particles is limited and
inconclusive: in general, the evidence
does not demonstrate that communitylevel exposures in non-urban areas are
associated with either the existence or
absence of adverse health effects.
(5) In light of the entire body of
evidence concerning thoracic coarse
particles, and given the potentially
serious nature of the health risks posed
by at least some thoracic coarse particles
and the potential size of the population
exposed, it is appropriate to provide
some protection for all types of thoracic
coarse particles, consistent with the
requirement of the Act to allow an
adequate margin of safety.
With all of the foregoing
considerations in mind, the
Administrator judges it appropriate not
to revise the current PM10 indicator at
this time. In the view of the
Administrator, the PM10 indicator
provides the type of targeted variation
in allowable coarse particle
concentrations that is justified by the
emerging body of scientific evidence,
while providing some protection in all
areas. A decision not to revise the PM10
indicator reflects an appropriately
cautious approach in two respects. First,
it ensures inclusion of all ambient mixes
of coarse particles of known concern in
the indicator; and second, it addresses
the potential that additional scientific
research may reveal that non-urban or
rural ambient mixes of thoracic coarse
particles present public health risks that
the evidence does not clearly identify at
this time. It is EPA’s goal that its new
research and speciated monitoring
program will produce data to determine
what effect differences in particle
composition may have on health
outcomes. Such results have the
potential to provide the kind of
certainty and specificity required for
making future decisions on indicators
for thoracic coarse particles that might
incorporate qualifications, such as the
proposed qualified indicator related to
coarse particles from agriculture and
mining.
D. Conclusions Regarding Averaging
Time, Form, and Level of the Current
PM10 Standards
1. Averaging Time
In the last review, EPA retained both
24-hour and annual PM10 standards to
provide protection against the known
and potential effects of short- and longterm exposures to thoracic coarse
particles (62 FR 38677–79). That
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decision was based in part on
qualitative considerations related to the
expectation that deposition of thoracic
coarse particles in the respiratory
system could aggravate effects in
individuals with asthma. In addition,
quantitative support for retaining a 24hour standard came from limited
epidemiologic evidence suggesting that
aggravation of asthma and respiratory
infection and symptoms may be
associated with daily or episodic
increases in PM10, where dominated by
thoracic coarse particles including
fugitive dust. The decision to retain an
annual standard as well was generally
based on considerations of the
plausibility of the potential build-up of
insoluble thoracic coarse particles in the
lung after long-term exposures to high
levels of such particles.
New information available in this
review, discussed above, includes
several epidemiologic studies that
report statistically significant
associations between short-term (24hour) exposure to PM10–2.5 and various
morbidity effects and mortality. With
regard to long-term exposure studies,
while one study conducted in southern
California reported a link between
reduced lung function growth and longterm exposure to PM10–2.5 and PM2.5,
other such studies reported no
associations (EPA, 2005, p. 3–19, 3–23–
24). Thus, the Criteria Document
concluded that the available evidence
does not suggest an association with
long-term exposure to PM10–2.5 (EPA,
2004a, p. 9–79).
Based on these considerations, the
Staff Paper concluded that the newly
available evidence continues to support
a 24-hour averaging time for a standard
intended to control thoracic coarse
particles, based primarily on evidence
suggestive of associations between
short-term (24-hour) exposure and
morbidity effects and, to a lesser degree,
mortality. Noting the absence of
evidence judged to be suggestive of an
association with long-term exposures,
the Staff Paper concluded that there is
no quantitative evidence that directly
supports an annual standard, while
recognizing that it could be appropriate
to consider an annual standard to
provide a margin of safety against
possible effects related to long-term
exposure to thoracic coarse particles
that future research may reveal. The
Staff Paper observed, however, that a
24-hour standard that would reduce 24hour exposures would also likely reduce
long-term average exposures, thus
providing some margin of safety against
the possibility of health effects
associated with long-term exposures
(EPA, 2005, p. 5–61). Based on its
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review of the Staff Paper, CASAC
recommended retention of a 24-hour
averaging time and agreed that an
annual averaging time is not currently
warranted for the coarse particle
standard (Henderson, 2005b, p.5).
The EPA received relatively few
comments regarding the appropriate
averaging time of the coarse particle
standard. Most of those who did
comment generally supported the
retention of a 24-hour, but not annual,
averaging time, as proposed. A few of
the commenters who concurred with
EPA’s proposal to revoke the annual
standard urged reconsideration of the
appropriateness of an annual averaging
time in the next PM NAAQS review.
Several commenters, however,
including a few States and several
environmental and public health
groups, urged EPA to retain an annual
standard as well as a 24-hour standard.
The American Lung Association, in
particular, stated that EPA had
inappropriately ignored evidence of
long-term morbidity effects in several
studies, including Gauderman et al.
(2000, 2002) and Avol et al. (2001), and
had also ignored substantial evidence
from European studies as well as the
recommendations for an annual PM10
standard made by a WHO working
group. These commenters argued that an
annual standard was requisite to protect
public health with an adequate margin
of safety.
EPA disagrees that it ignored the
evidence that is relevant to evaluating
the health effects associated with longterm exposure to thoracic coarse
particles. The EPA’s assessment, both in
this review and the previous review,
placed greatest weight on studies that
measured PM10–2.5 or on studies
conducted in areas where it is
reasonable to expect the PM10
measurements to be dominated by
coarse particles (EPA, 2005). By
contrast, these commenters have placed
inappropriate reliance on studies that
measured PM10, and were conducted in
Southern California cities (Gauderman
et al., 2000, 2002) or in European cities
where it is not reasonable to assume that
PM10 associations are dominated by
coarse particles.73 In such cases, it is
difficult to draw meaningful
73 The only one of these studies (Gauderman et
al., 2000) to include measurements of coarse
particles found an association between lung
function growth for PM10, PM2.5, PM10–2.5, NO2, and
acids. The authors were unable to cite any single
pollutant as responsible for these results, but they
chose not to include measures for coarse particles
in their follow-up study (Gauderman et al., 2002).
As noted in the 1996 PM Staff Paper, the other
major study of lung function and long-term air
pollution in children found no associations with
coarse particles (EPA, 1996, p. 5–67a).
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conclusions about the relative role of
coarse as opposed to fine particles. The
WHO panel recommendations for PM10
limits cited by commenters also do not
provide any independent scientific
justification regarding the need for a
separate long-term standard for coarse
particles.74
The long-term exposure studies of
mortality and morbidity that permit
comparisons of fine and coarse particles
continue to suggest that, at current
ambient levels in the US, fine particles
are associated with health effects and
coarse particles are not.75 The EPA
believes that the PM2.5 standards it is
establishing in today’s notice address
the major risk suggested in the PM10
studies cited by commenters. To the
extent that additional concerns may
exist with regard to long-term exposures
to coarse particles that have not been
fully identified by scientific research,
the Staff Paper notes that the short-term
standard for coarse particles, which is
generally controlling, has and will
continue, as a practical matter, to limit
such long-term exposures.76
After reviewing the available
evidence, the Administrator concurs
with staff and CASAC recommendations
and concludes that the evidence
continues to support a 24-hour
averaging time for a coarse particle
standard, based primarily on evidence
suggestive of associations between
short-term (24-hour) exposure and
morbidity effects and, to a lesser degree,
mortality. As noted above, a 24-hour
standard would in effect also provide
protection against any as yet
unidentified potential effects of longterm exposure at ambient levels.
Further, the Administrator concludes
74 The WHO panel essentially developed their
recommendations for PM10 standards by deriving a
ratio of fine particles to PM10 and adjusting their
recommended levels for PM2.5 to derive an
equivalent PM10 metric, for areas that do not yet
have access to PM2.5 monitors (WHO, 2005, p. 8).
75 See EPA 2004a, pp. 8–306 to 307 (‘‘no
statistically significant associations have been
reported between long-term exposure to coarse
fraction particles and cause-specific mortality’’); pp.
8–313 to 314 (‘‘[t]he recent studies suggest that
long-term exposure to fine particles is associated
with development of chronic respiratory disease
and reduced lung function growth; little evidence
is available on potential effects of exposure to
coarse fraction particles’’).
76 The Staff Paper analysis of PM
10 air quality
data indicates that the current 24-hour PM10
standard is ‘‘controlling’’ in virtually every area in
the US; that is, virtually all areas that violate the
PM10 standards violate the 24-hour PM10 standard.
Some of them may violate the annual PM10 standard
as well, but (depending on the year) few, if any,
areas violate the annual PM without violating the
24-hour PM10 standard (EPA, 2005, p. 2–31 to 32).
A supplemental analysis in the Response to
Comments document shows that for 2003–2005, all
of the areas that would violate the annual PM10
standard also violate the 24-hour standard.
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that an annual coarse particle standard
is not warranted at this time. Thus, the
Administrator is retaining the 24-hour
PM10 standard and revoking the annual
PM10 standard.
2. Level and Form of the 24-Hour PM10
Standard
This section summarizes the major
considerations that led to the proposed
decision regarding the appropriate level
and form for the 24-hour standard for
thoracic coarse particles, summarizes
and addresses public comments on the
appropriate level of protection to be
provided by the standard, and presents
the Administrator’s final conclusions
regarding the level and form of the 24hour standard. The proposed level and
form for the 24-hour standard for
thoracic coarse particles were based
primarily on an assessment of studies
that measured PM10–2.5, as well as
studies that measured PM10 in areas that
were dominated by PM10–2.5. Now that
the Administrator has concluded that it
is appropriate to retain PM10 as the
indicator for thoracic coarse particles,
rather than adopting a PM10–2.5 indicator
as proposed, the Administrator relied on
this same body of studies as the
principal basis for determining an
appropriate level and form for a
standard based on the PM10 indicator.
Therefore, in this section EPA reviews
the basis for its conclusions in the
proposal, and then discusses how this
evidence informs the choice of level and
form for the 24-hour PM10 standard.
In considering the available evidence
as a basis for setting a 24-hour standard
for thoracic coarse particles, the Staff
Paper focused on relevant U.S. and
Canadian epidemiologic studies
showing associations between shortterm PM10–2.5 concentrations and
morbidity and mortality effects, as
discussed above in section III.A. As an
initial matter, the Staff Paper recognized
that these individual short-term
exposure studies provide no evidence of
clear population thresholds, or lowestobserved-effects levels, in terms of 24hour average concentrations. As a
consequence, this body of evidence is
difficult to translate directly into a
specific 24-hour standard that would
protect against the range of effects that
have been associated with short-term
exposures to coarse particles.
In considering the evidence, the Staff
Paper noted the significant uncertainties
and the limited nature of the available
evidence. In examining the available
evidence to identify a basis for a range
of standard levels that would be
appropriate for consideration, the Staff
Paper focused on the upper end of the
distributions of daily PM10–2.5
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concentrations in the relevant studies in
terms of the 98th and 99th percentile
values.77
In looking first at the morbidity
studies that report statistically
significant associations with respiratoryand cardiac-related hospital admissions
in Toronto (Burnett et al., 1997), Seattle
(Sheppard, 2003), and Detroit (Ito,
2003), the 98th percentile PM10–2.5
values reported in these studies range
from approximately 30 to 36 µg/m3. To
provide some perspective on these
PM10–2.5 levels, the Staff Paper noted
that the level of the 24-hour PM10
standard was exceeded on only a few
occasions during the time periods of the
studies in Detroit and Seattle.78 In the
mortality studies that report statistically
significant and generally robust
associations with short-term exposures
to PM10–2.5 in Phoenix (Mar et al., 2003)
and Coachella Valley, CA (Ostro et al.,
2003), the reported 98th percentile
values were approximately 70 and 107
µg/m3, respectively. These studies were
conducted in areas with air quality
levels that did not meet the current
PM10 standards. In addition, as part of
the Six Cities study, Schwartz et al.
(1996 and reanalysis 2003a) reported a
statistically significant association
between PM10–2.5 and mortality in
Steubenville, where the PM10–2.5
concentrations were fairly high, with a
reported 98th percentile value of 53 µg/
m3, although in a second reanalysis, the
association did not remain statistically
significant (Klemm and Mason, 2003).
On the other hand, the Staff Paper noted
that no statistically significant mortality
associations were reported in a number
of other studies, including those in the
five other cities that were part of the Six
Cities study (Boston, St. Louis,
Knoxville, Topeka, and Portage), and in
Santa Clara County, CA, Detroit,
Philadelphia, and Pittsburgh. With the
exception of Pittsburgh, these cities had
much lower 98th percentile PM10–2.5
values, ranging from 18 to 49 µg/m3.
Thus, in mortality studies that reported
statistically significant associations, the
reported 98th percentile PM10–2.5 values
were all above 50 µg/m3, and all in areas
that exceeded the level of the daily PM10
standard, whereas in the mortality
studies that reported no statistically
77 This examination of the evidence is based on
air quality information and analyses presented in
two staff memos which were part of the materials
reviewed by CASAC (Ross and Langstaff, 2005;
Ross, 2005).
78 As shown in air quality data trends reports: for
Seattle, 1997 Air Quality Annual Report for
Washington State, p. 17, at https://www.ecy.wa.gov/
pubs/97208.pdf; for Detroit, Michigan’s 2003
Annual Air Quality Report, p. 46, at https://
www.deq.state.mi.us/documents/deq-aqd-airreports-03AQReport.pdf.
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significant associations, the reported
98th percentile PM10–2.5 values were
generally below 50 µg/m3.
In examining the air quality data used
in the key morbidity and mortality
studies considered in the Staff Paper,
EPA recognized that the uncertainty
related to exposure measurement error
associated with using ambient
concentrations to represent area-wide
population exposure levels can be
potentially quite large. For example, in
looking specifically at the Detroit study,
the Staff Paper noted that the PM10–2.5
air quality values were based on air
quality monitors located in Windsor,
Canada. While the study authors
concluded that these monitors were
appropriate for use in exploring the
association between air quality and
hospital admissions in Detroit, a close
examination of air quality levels at
Detroit and Windsor sites in recent
years led to the conclusion that the
statistically significant, generally robust
association with hospital admissions in
Detroit likely reflects population
exposures that may be appreciably
higher in the central city area, but not
necessarily across the broader study
area, than would be estimated using
data from the Windsor monitors (EPA,
2005, p. 5–64).
The Staff Paper also looked more
specifically at the Coachella Valley
mortality study (Ostro et al., 2003), in
which data were used from a single
monitoring site in one city, Indio,
within the study area where daily
measurements were available. A close
examination of air quality levels across
the Coachella Valley suggested that
while the association of mortality with
PM10–2.5 measurements made at the
Indio site was statistically significant, a
portion of the study population would
have been expected to experience
appreciably lower ambient exposure
levels. In contrast to the Detroit study,
air quality data used in the mortality
study conducted in Coachella Valley
appeared to represent concentrations on
the high end of PM10–2.5 levels for
Coachella Valley communities. On the
other hand, a close examination of the
air quality data used in the other studies
discussed above generally showed less
disparity between air quality levels at
the monitoring sites used in the studies
and the broader pattern of air quality
levels across the study areas than that
described above in the Detroit and
Coachella Valley studies.
The Staff Paper noted that this close
examination of air quality information
generally reinforced the view that
exposure measurement error is
potentially quite large in studies
focusing on thoracic coarse particles. As
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a consequence, the air quality levels
reported in these studies as measured by
ambient concentrations at monitoring
sites within the study areas are not
necessarily good surrogates for
population exposures that are likely
associated with the observed effects in
the study areas or that would likely be
associated with effects in other urban
areas across the country. The Detroit
example suggests that population
exposures were probably appreciably
underestimated in the Detroit morbidity
study, such that the observed effects are
likely associated with higher PM10–2.5
levels than reported. In contrast, the
Coachella Valley mortality study
provides an example in which PM10–2.5
levels to which the study populations
were exposed were probably
appreciably overestimated, such that the
observed effects may well be associated
with lower PM10–2.5 levels than reported.
At relatively low levels of air quality,
population exposures implied by these
studies as being associated with the
observed effects become more uncertain,
suggesting a high degree of caution in
interpreting the air quality levels from
the group of morbidity studies as a basis
for identifying a standard level that
would protect against the observed
effects. See generally EPA, 2005, pp. 5–
65–66.
Taking into account this close
examination of the air quality data
associated with health effects in these
studies, the Staff Paper concluded that
this evidence suggests that EPA could
consider a standard for urban thoracic
coarse particles at a PM10–2.5 level at
least down to 50 µg/m3, in conjunction
with a 98th percentile form. This view
takes into account the conclusion that
this evidence is particularly uncertain
as to population exposures, especially
from the morbidity studies reporting
effects at relatively low concentrations,
as well as the general lack of evidence
of associations from the group of
mortality studies with reported
concentrations below these levels. Id. at
p. 5–66.
The Staff Paper also outlined another
view that reflected a more cautious or
restrained approach to interpreting the
limited body of PM10–2.5 epidemiologic
evidence. This approach would judge
that the uncertainties as to population
exposures associated with the observed
effects in this whole group of studies
were too large to permit direct use of the
reported effects levels as a basis for
setting a specific standard level. Such a
judgment would be consistent with
concluding that these studies, together
with other dosimetric and toxicologic
evidence, provide support for retaining
standards for thoracic coarse particles at
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some level to protect against the
morbidity and mortality effects observed
in the studies, regardless of whether an
associated population exposure level
can be clearly discerned from the
studies.
Based on this more cautious
approach, the Staff Paper concluded
that it would be reasonable to interpret
the available epidemiologic evidence
more qualitatively. Considering the
available evidence in this way led to the
following observations:
(1) The statistically significant
mortality associations with short-term
exposure to PM10–2.5 reported in the
Phoenix and Coachella Valley studies
were observed in areas that did not meet
the current PM10 standards.
(2) The statistically significant
morbidity associations with short-term
exposure to PM10–2.5 reported in the
Detroit and Seattle studies were
observed in areas that exceeded the
level of the current 24-hour PM10
standard on just a few occasions during
the time periods of the studies.
(3) All but one of the statistically
significant morbidity and mortality
associations with short-term exposure to
PM10 that were reported in areas in
which PM10 was dominated by the
coarse particle fraction (including Reno/
Sparks, NV, Tucson, AZ, Anchorage,
AK, and the Utah Valley area) were
observed in areas that did not meet the
current PM10 standards. Id. at p. 5–67.
Based on these considerations, the
Staff Paper found little basis for
concluding that the degree of protection
afforded by the current PM10 standards
in urban areas is greater than warranted,
since potential mortality effects have
been associated with air quality levels
not allowed by the current 24-hour
standard, but have not been associated
with air quality levels that would
generally meet that standard, and
morbidity effects have been associated
with air quality levels that exceeded the
current 24-hour standard only a few
times. Further, the Staff Paper found
little basis for concluding that a greater
degree of protection is warranted in
light of the very high degree of
uncertainty in the relevant population
exposures implied by the morbidity
studies. The Staff Paper concluded,
therefore, that it is reasonable to
interpret the available evidence as
supporting consideration of a short-term
standard for urban thoracic coarse
particles, so as to provide generally
‘‘equivalent’’ protection to that afforded
by the current 24-hour PM10 standard,
recognizing that no one PM10–2.5 level
will be strictly equivalent to a specific
PM10 level in all areas (EPA, 2005, p. 5–
67). Such a standard would likely
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provide protection against morbidity
effects especially in those urban areas
where, unlike several of the study areas,
PM10 is generally dominated by coarsefraction rather than fine-fraction
particles. Such a standard would also
likely provide protection against the
more serious, but less certain, coarseparticle-related mortality effects
observed in some studies, generally at
somewhat higher concentrations.
The Staff Paper went on to consider
what level for a 24-hour PM10–2.5
standard for urban coarse particles
would provide an equivalent level of
protection to that afforded by the
current 24-hour PM10 standard. This
consideration of a PM10–2.5 standard
providing generally ‘‘equivalent’’
protection reflected a judgment that
while the epidemiologic evidence
supported establishing a short-term
standard for urban thoracic coarse
particles at such a generally
‘‘equivalent’’ level, the evidence
concerning air quality levels of thoracic
coarse particles in the studies was not
strong enough to provide a basis for
changing the level of protection
generally afforded by the current PM10
standards (EPA, 2005, pp. 5–68–69).
The Staff Paper examined various
approaches to providing this equivalent
level of protection, including
establishing a level of 70 µg/m3 (98th
percentile form) for the qualified
PM10–2.5 standard (Id. at 5–67–68),
which is what EPA proposed (71 FR
2671).
CASAC generally supported the
Agency’s proposed range of 50–70 µg/
m3 (98th percentile) for the 24-hour
PM10–2.5 standard. As noted, the upper
end of this range was based on EPA’s
assessment of a level for an urban coarse
particle standard that would provide a
generally equivalent level of protection
to that afforded by the current PM10
standards. The lower end of the range
was developed in consideration of an
approach that would place greater
weight on the effects levels reported in
several studies with lower ambient
coarse particle concentrations. The
CASAC Panel noted that ‘‘there was
general agreement among Panel
members that Agency staff had
presented a reasonable justification for
the ranges of levels proposed’’
(Henderson 2005b, p. 6).
Relatively few public commenters
addressed the issue of whether ‘‘general
equivalence’’ was an appropriate goal
for the level and form of the proposed
coarse particle standard. Some
commenters, particularly those industry
commenters advocating that no coarse
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particle standard be adopted,79 stated
that seeking ‘‘equivalence’’ to the PM10
standard was fundamentally flawed
because, in their view: (1) The level of
the current PM10 standard was not based
on coarse particle studies; (2) the
proposed standard is not equivalent to
the PM10 standard; and (3) the court had
already declared any standard based
directly or indirectly on PM10 to be
invalid. The EPA agrees that the 1987
PM10 standards were designed to protect
against the health effects of both fine
and coarse particles, and based in part
on epidemiological studies that
variously measured particles both
smaller and larger than PM10. However,
the arguments regarding the origin of
the 1987 standards as well as
commenters’ claims about the basis for
the PM10 standards promulgated in
1997 80 are not relevant to the current
review. In determining whether to
revise the standards in this review, EPA
has examined the degree of protection
provided by the current 24-hour PM10
standard in light of the quantitative
evidence from the expanded
epidemiological data base that includes
studies using direct PM10–2.5
measurements as well as studies using
PM10 measurements in areas where
coarse particles dominate the
distribution.
Because as discussed in section III.C.3
above, the Administrator has decided
that it is appropriate to retain PM10 as
the indicator for thoracic coarse
particles, there can be no uncertainty as
to whether the final standard is
equivalent to the current standard,
making the commenters’ second point
above moot. With regard to their third
point, for reasons outlined in section
III.C.3, EPA believes that it has
addressed the concerns raised by the
court regarding PM10 as an indicator,
and in any case, the D.C. Circuit did not
address the issue of the level of
protection from thoracic coarse particles
afforded by the 1997 or 1987 24-hour
PM10 standard.
Other commenters, particularly
environmental and public health
79 As discussed in section III.B.2, these
commenters call EPA’s interpretation of the key
studies discussed in this section into question.
EPA’s response to the criticisms of use of these
studies for standard setting is summarized in
section III.B.2 and presented in more detail in the
Response to Comments document.
80 Commenters also suggested that, in
promulgating revised PM10 standards in 1997, EPA
did not consider whether the level of the PM10
standards it promulgated was lower than necessary
and did not base the levels on coarse particle health
effects data. While EPA disagrees with both of these
claims—for example, EPA relied on two PM10
studies done in areas dominated by coarse particles
in selecting the level (62 FR 38679)—this argument
is not relevant to this review.
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groups, disagreed with EPA’s proposal
to seek an ‘‘equivalent level of
protection’’ because they believe the
scientific evidence mandates a lower
level to protect against adverse health
effects. These commenters cited studies
reviewed in the Staff Paper and noted
above, which they claimed showed
significant associations between health
effects and PM10–2.5 concentrations at
levels between 30–40 µg/m3, and recent
decisions by the European Union and
the State of California to adopt 24-hour
PM10 standards of 50 µg/m3.
These commenters argued that, even
considering EPA’s analyses of the
uncertainties in the relevant ambient
concentration measurements, these
studies, particularly those in Atlanta,
Seattle, and Toronto and the six-cities
study of respiratory symptoms in
children (Schwartz and Neas, 2000),
demonstrate the need for a more
stringent level of protection than that
provided by the current standards.
These commenters also argued that
EPA’s approach to determining an
equivalent level resulted in less
protection than the current standard,
even in urban areas. In addition, these
commenters pointed to the study review
conducted by Brunekreef and Forsberg
(2005) and numerous ‘‘new’’ studies
published too recently for inclusion in
the Criteria Document such as Mar et al.
(2004), Chen Y et al. (2005), and Lin et
al. (2005), as supportive of lower levels.
As noted above, EPA has conducted a
careful assessment of the studies cited
by commenters 81 from the Staff Paper
assessment but reaches substantially
different conclusions about their
implications for the level of a 24-hour
standard for thoracic coarse particles.
Based on that assessment, EPA staff
recommended consideration of a range
of levels for a 24-hour PM10–2.5 standard
extending from a level equivalent to the
current PM10 standard down to a level
of 50 µg/m3, which is clearly above that
suggested by these commenters. CASAC
found general agreement that the ‘‘staff
had presented a reasonable
justification’’ for this range oflevels.
While EPA strongly agrees that the
available scientific evidence supports
and requires maintaining the level of
81 As detailed in the Response to Comment
document, EPA had various reasons for not placing
primary reliance on the reported air quality results
in these studies for selecting a standard level. The
Atlanta study (Tolbert et al, 2000), found a
significant effect for PM10, but not for coarse
particles. Both the Six Cities children’s diary study
(Schwartz and Neas, 2000) and the Toronto hospital
admissions study (Burnett et al.,, 1997) were
conducted for a periods of less than one year,
making it difficult to determine what peak value
across all seasons in a year might represent
exposures of concern.
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protection provided by the current 24hour PM10 standard, the limited extent
of epidemiological evidence as well as
the unusually large uncertainties in
measuring exposures to thoracic coarse
particles, particularly at lower levels,
argue for the more cautious
interpretation advocated by EPA staff
and CASAC. Because the Administrator
has decided to continue the use of PM10
as the indicator for coarse particles,
commenters’ remaining concerns about
whether the proposed levels for PM10–2.5
are as protective as current standards
are no longer relevant.
For reasons summarized in section
II.F above, EPA does not believe that
standards adopted by the State of
California or, by extension, the
European Union, which operates under
a different legal and policy structure,
provide a relevant guide for establishing
U.S. National Ambient Air Quality
Standards. While EPA agrees that the
assessment of Brunekreef and Forsberg
(2005) supports separate regulation of
fine and coarse particles, these authors
make no recommendations with respect
to appropriate levels of protection. To
the extent that commenters cited ‘‘new’’
studies in support of their argument for
a more stringent standard to protect
against health effects associated with
exposure to coarse particles, EPA notes
that as in past NAAQS reviews, it is
basing the final decisions in this review
on the studies and related information
included in the PM air quality criteria
that have undergone CASAC and public
review, and will consider the newly
published studies for purposes of
decision making in the next PM NAAQS
review, as discussed above in section
I.C. As evidenced by the uncertainties
found in the detailed assessment of key
coarse particle studies in the Staff
Paper, the kind of assessment and
analysis provided by the formal criteria
and standards review process is
particularly crucial for coarse particle
studies that may be relevant to selecting
the level of the standard.
After considering the public
comments on this issue, EPA continues
to believe that the available evidence
leads to the conclusion that the degree
of protection afforded by the current 24hour PM10 standard is requisite to
protect public health with an adequate
margin of safety. Having chosen to
retain the current indicator for the
standard (PM10), and to retain the same
degree of protection, it is still necessary
to determine the appropriate form and
level for the standard. In the context of
proposing a standard based on a
qualified PM10–2.5 indicator, EPA
proposed to change the form of the 24hour standard from a one-expected
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exceedance form to a 98th percentile
form. The 98th percentile form was
intended to be consistent with the goal
of providing protection equivalent to
that afforded by the current 24-hour
PM10 standard (71 FR at 2671; EPA,
2005, p. 5–68). The few commenters
addressing the proposed form supported
it, largely because the 98th percentile
would provide a more stable statistical
basis for making nonattainment
determinations. However, some
commenters objected to the 98th
percentile form because they felt it was
inappropriate to allow as many as 21
days over the level of the standard over
the course of a three-year period. These
commenters argued for a more
restrictive form (generally 99th
percentile) to ensure the protection of
public health with an adequate margin
of safety. The EPA notes that the current
one-expected-exceedance form of the
24-hour PM10 standard allows only
three days above the standard over a
three-year period.
While EPA generally favors the
concentration-based form for short-term
standards for reasons noted above, EPA
also notes that adopting such a form in
this review without changing the level
would result in a standard that would
not provide the same protection as the
current standard, and the level of the
standard would have to be adjusted
downward to achieve the desired
protection. Given the overall decision to
provide the same protection as the
current standards, the Administrator
concludes it is best to retain both the
form and the level of the current
primary 24-hour PM10 standard.
In conclusion, it is EPA’s view, as
expressed in the Staff Paper and
proposal and supported by CASAC and
by the available health effects evidence,
that the level of protection afforded by
the current 24-hour PM10 standard of
150 µg/m3, one-expected-exceedance
form, continues to be appropriate for the
types of thoracic coarse particles
typically found in urban or industrial
areas. As explained above, mortality
effects observed in epidemiologic
studies for coarse particles are generally
associated with exposure levels that
exceed the current standards, and
morbidity effects are generally
associated with exposure levels that
exceeded the current standards on only
a few occasions. This suggests the level
of protection afforded by the current
PM10 standards is not greater than
warranted. Furthermore, the very high
degree of uncertainty in the relevant
population exposures implied by the
morbidity studies suggests there is little
basis for concluding at this time that a
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greater degree of protection is
warranted.
Moreover, as explained above in
section III.C.3.b, the PM10 indicator
provides appropriate variation in
allowable coarse particle concentrations
in different areas based on the relative
proportions of PM2.5 and PM10–2.5 in the
ambient mix. In urban areas where
PM2.5 concentrations tend to be higher,
the current 24-hour PM10 standard level
of 150 µg/m3 will result in lower
allowable levels of PM10–2.5. In nonurban areas, the higher allowable levels
of coarse particles provided by the
current 24-hour PM10 standard will also
provide appropriate protection of public
health, given the body of evidence
discussed above. The EPA therefore
believes that the level of protection from
coarse particles provided by the current
24-hour PM10 standard remains
requisite to protect public health with
an adequate margin of safety. Revising
either the level or the form of this
standard would alter the current level of
protection and therefore would not be
appropriate based on the scientific
evidence available at this time.
Therefore, after considering the
available scientific evidence, the
rationale and recommendations
contained in the Staff Paper, the advice
and recommendations of CASAC, and
the public comments received regarding
the appropriate level and form for a 24hour standard intended to afford
requisite protection of public health
from effects associated with exposure to
coarse particles, the Administrator has
determined to retain the current level of
150 µg/m3 for the 24-hour PM10
standard, and the current one-expectedexceedance form. In the Administrator’s
judgment, based on the currently
available evidence, a standard set at this
level remains requisite to protect public
health with an adequate margin of safety
from the morbidity and possibly
mortality effects that have been
associated with short-term exposures to
thoracic coarse particles in urban or
industrial areas, as well as to protect
against the potential for risks from
exposure to thoracic coarse particles in
other areas. The EPA intends to address
the considerable uncertainties in the
currently available information on
thoracic coarse particles as part of the
Agency’s ongoing PM research program.
E. Final Decisions on Primary PM10
Standards
For the reasons discussed above in
this section, and taking into account the
information and assessments presented
in the Criteria Document and Staff
Paper, the advice and recommendations
of CASAC, and public comments
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received on the proposal, the
Administrator is retaining the current
primary 24-hour PM10 standard at the
level of 150 µg/m3, which is met when
this level is not exceeded more than
once per year on average over a threeyear period measured at each monitor
within an area. The Administrator also
is revoking and not replacing the annual
PM10 standard.
As discussed in more detail in section
VI, EPA is promulgating a new reference
method (FRM) for measurement of mass
concentrations of PM10–2.5 in the
atmosphere. Although NAAQS for
PM10–2.5 have not been established by
EPA, this new FRM will nevertheless be
defined as the standard of reference for
measurements of PM10–2.5
concentrations in ambient air. This
should provide a basis for approving
Federal Equivalent Methods (FEMs) and
promote the gathering of scientific data
to support future reviews of the PM
NAAQS. One of the reasons for not
finalizing a PM10–2.5 standard was the
limited body of evidence on health
effects associated with thoracic coarse
particles from studies that use PM10–2.5
measurements of ambient thoracic
coarse particle concentrations. If an
FRM is available, researchers will likely
include PM10–2.5 measurements of
thoracic coarse particles in health
studies either by directly using the FRM
or by utilizing approved equivalent
methods based on the FRM.
In addition, EPA published elsewhere
in today’s Federal Register a
requirement for a new multi-pollutant
monitoring network that takes an
integrated approach to air quality
measurements. One of the required
measurements at these multi-pollutant
monitoring stations is PM10–2.5. The
availability of an FRM, and
subsequently approved equivalent
methods for PM10–2.5, will support State
and local agencies’ efforts to deploy
robust methods at these monitoring
stations for the measurement of thoracic
coarse particles that do not include fine
particles. These multi-pollutant
monitoring stations will provide a
readily available dataset at
approximately 75 urban and rural
locations for atmospheric and health
researchers to compare particle and
gaseous air pollutants.
Finally, the PM10–2.5 FRM, by
definition, provides a reference
measurement. Because it is a filter based
system, this method can itself be used
to provide speciated data and EPA will
be issuing guidance to ensure the use of
a consistent national approach for
speciated coarse particle monitors as
soon as possible. The reference
measurement from this instrument is
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also important in the development of
alternative PM10–2.5 speciation samplers.
We will be developing dichotomous
samplers to meet the requirements of
SAFETEA–LU. Appropriate guidance to
ensure that the use of a consistent
national approach for speciated coarse
particle monitors will be issued with
this method. As discussed in more
detail in the final monitoring rule
published elsewhere in today’s Federal
Register, EPA is requiring the
deployment of PM10–2.5 speciation
samplers at all 75 multi-pollutant
monitoring stations. Such speciation
monitoring will help States in
developing SIPs and will address a key
research need for thoracic coarse
particles by providing a better
understanding of the chemistry of the
collected samples.
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IV. Rationale for Final Decisions on
Secondary PM Standards
This section presents the
Administrator’s final decisions
regarding the review of the current
secondary NAAQS for PM. The existing
suite of secondary PM standards, which
is identical to the suite of primary PM
standards, includes annual and 24-hour
PM2.5 standards and annual and 24-hour
PM10 standards. The existing suite of
secondary standards is intended to
address visibility impairment associated
with fine particles,82 and materials
damage and soiling related to both fine
and coarse particles. The following
discussion of the rationale for the final
decisions on revising the secondary PM
standards focuses on those
considerations most influential in the
Administrator’s decisions, first
addressing visibility impairment as it
relates to the PM2.5 secondary standards
and then addressing the other welfare
effects as they relate to both the PM2.5
and PM10 secondary standards. The
other welfare effects considered in this
review include effects on vegetation and
ecosystems, materials damage and
soiling, and climate change.83
Sections IV.A and IV.B of the
proposal (71 FR 2675–2685) provide a
detailed summary of key information
contained in the Criteria Document
(EPA, 2004a, Chapters 4 and 9) and in
the Staff Paper (EPA, 2005, Chapters 6
82 The Administrator recognized in establishing
the levels of the secondary standards for PM2.5 that
these standards would work ‘‘in conjunction with
implementation of a regional haze program’’ under
Section 169A to provide appropriate national
protection against visibility impairment in both
urban and non-urban areas (62 FR 38683).
83 As noted in section I.A above, in establishing
secondary standards that are requisite to protect the
public welfare from any known or anticipated
adverse effects, EPA may not consider the costs of
implementing the standards.
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and 7) on the known and potential
welfare effects associated with PM,
including PM-related visibility
impairment and PM-related effects on
vegetation and ecosystems, materials
damage and soiling, and climate change,
respectively. This information is only
briefly outlined in subsections IV.A.1
and IV.B.1 below. Subsequent sections
provide a more complete discussion of
the Administrator’s rationale, having
considered the evidence in light of
public comments and his final decisions
on the primary standards for PM, for his
decision to revise the current PM
secondary standards by making them
identical in all respects to the revised
suite of primary PM standards.
61203
primarily fine particles and to relative
humidity.
(3) The impacts of urban visibility
impairment on public welfare, based in
part on valuation studies of benefits
associated with improvements in
visibility and in part on recognition of
a number of programs, standards, and
planning efforts to address visibility
impairment, in the U.S. and abroad, that
illustrate the value that the public
places on improved visibility.
(4) Approaches to evaluating public
perceptions and attitudes about
visibility impairment, including new
methods and tools that have been
developed to communicate and evaluate
public perceptions of varying visual
effects associated with alternative levels
A. Visibility Impairment
of visibility impairment relative to
This section presents the rationale for varying pollution levels and
environmental conditions.
the Administrator’s decision to revise
The summary of the evidence on
the current secondary PM2.5 standards to
visibility impairment related to ambient
address PM-related visibility
fine particles in the proposal will not be
impairment by setting secondary
repeated here. The EPA emphasizes that
standards identical in all respects to the
the final decisions on the secondary
revised PM2.5 primary standards. As
standards take into account the more
discussed below, the rationale includes
comprehensive and detailed discussions
consideration of: (1) The latest scientific
of the scientific information on visibility
information on visibility effects
impairment contained in the Criteria
associated with PM; (2) insights gained
Document and Staff Paper.
from assessments of correlations
2. Need for Revision of the Current
between ambient PM2.5 and visibility
Secondary PM2.5 Standards To Protect
impairment prepared by EPA staff; and
Visibility
(3) specific conclusions regarding the
need for revisions to the current
In 1997, EPA decided to address the
standards (i.e., indicator, averaging
effects of PM on visibility by setting
time, form, and level) that, taken
secondary standards identical to the
together, would be requisite to protect
suite of PM2.5 primary standards, in
the public welfare from adverse effects
conjunction with the future
of PM2.5 on visual air quality.
establishment of a regional haze
program under sections 169A and 169B
1. Visibility Impairment Related to
of the Act (62 FR 38679–83). In reaching
Ambient PM
this decision, EPA first concluded that
Section IV.A.1 of the proposal (71 FR
PM, especially fine particles, impairs
2675–2678) outlined key information
visibility in various locations across the
contained in the Criteria Document and country, including multi-state regions,
Staff Paper relevant to considering
urban areas, and remote Class I Federal
visibility impairment that is related to
areas (e.g., national parks and
ambient PM. The information
wilderness areas). The EPA also
highlighted there summarizes:
concluded that addressing visibility
(1) The nature of visibility
impairment solely through setting more
impairment, including trends in visual
stringent national secondary standards
air quality and the characterization of
would not be an appropriate means to
current visibility conditions, with a
protect the public welfare from adverse
particular focus on visibility
impacts of PM on visibility in all parts
impairment in urban areas.
of the country. As a consequence, EPA
(2) Direct, quantitative relationships
determined that an approach that
that exist between ambient PM
combined national secondary standards
constituents and light extinction, and
with a regional haze program was the
thus visibility impairment, based in part most appropriate and effective way to
on analyses of the extensive new data
address visibility impairment (EPA
now available on PM2.5 concentrations,
2005, p. 7–2).
As anticipated in the last review, EPA
primarily in urban areas, that explored
promulgated a regional haze program in
factors that have historically
1999 (65 FR 35713). That program
complicated efforts to address visibility
requires States to establish goals for
impairment nationally, including
improving visibility in Class I areas and
regional differences related to levels of
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to adopt control strategies to achieve
these goals. Since strategies to meet
these goals are to reflect a coordinated
approach among States, multi-state
regional planning organizations have
been formed and are now developing
strategies, to be adopted over the next
few years, that will make reasonable
progress in meeting these goals.
The initial issue to be addressed in
the current review of the secondary PM
standards is whether, in view of the
information now available, the existing
secondary standards should be revised
to provide requisite protection from PMrelated adverse effects on visual air
quality. As discussed in the Criteria
Document and Staff Paper, while new
research has led to improved
understanding of the optical properties
of particles and the effects of relative
humidity on those properties, it has not
changed the fundamental
characterization from the last review of
the role of PM, and especially fine
particles, in visibility impairment.
However, extensive new information
from visibility and fine particle
monitoring networks since the last
review has allowed for updated
characterizations of visibility trends and
current levels in urban areas, as well as
Class I areas. As discussed in section
IV.A.1.b. of the proposal (71 FR 2676–
2677), these new data were a critical
component of analyses that better
characterized visibility impairment in
urban areas and the relationship
between visibility and PM2.5
concentrations, and led to the finding
that PM2.5 concentrations can be used as
a general surrogate for visibility
impairment in urban areas.
Taking into account the most recent
monitoring information and analyses,
and recognizing that efforts are now
underway to address all human-caused
visibility impairment in Class I areas
through the regional haze program
implemented under sections 169A and
169B of the CAA, as discussed above,
this review focused on visibility
impairment primarily in urban areas. In
so doing, given the stronger link
between visibility impairment and
short-term PM2.5 concentrations, EPA
gave significant consideration to the
question of whether visibility
impairment in urban areas allowed by
the current 24-hour secondary PM2.5
standard can be considered adverse to
public welfare.
As discussed in section IV.A.1.c. of
the proposal (71 FR 2677–2678), studies
in the U.S. and abroad have provided
the basis for the establishment of
standards and programs to address
specific visibility concerns in a number
of local areas. These studies (e.g., in
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Denver, Phoenix, British Columbia)
have produced reasonably consistent
results in terms of the visual ranges
found to be generally acceptable by the
participants in the various studies,
which spanned from approximately 40
to 60 km in visual range. Standards
targeting protection within this range
have also been set by the State of
Vermont and by California for the Lake
Tahoe area, in contrast to the statewide
California standard that targets a visual
range of approximately 16 km.
In addition to the information
available from such programs,
photographic representations (simulated
images and actual photographs) of
visibility impairment are available, as
discussed in section IV.A.1.d of the
proposal (71 FR 2678), to help inform
judgments about the acceptability of
varying levels of visual air quality in
urban areas across the U.S. In
considering these images for Phoenix,
Washington, DC, and Chicago (for
which PM2.5 concentrations are
reported), the Staff Paper observed that:
(1) At concentrations at or near the
level of the current 24-hour PM2.5
standard (65 µg/m3), which equates to
visual ranges roughly around 10 km (6
miles), scenic views (e.g., mountains,
historic monuments), as depicted in
these images around and within the
urban areas, are significantly obscured
from view.
(2) Appreciable improvement in the
visual clarity of the scenic views
depicted in these images occurs at PM2.5
concentrations below 35 to 40 µg/m3,
which equate to visual ranges generally
above 20 km for the urban areas
considered (EPA, 2005, p. 7–6).
(3) Visual air quality appears to be
good in these images at PM2.5
concentrations generally below 20 µg/
m3, corresponding to visual ranges of
approximately 25 to 35 km (EPA, 2005,
p. 7–8).
While being mindful of the
limitations inherent in using visual
representations from a small number of
areas as a basis for considering national
visibility-based secondary standards,
the Staff Paper nonetheless concluded
that these observations, together with
information from the analyses and other
programs discussed above, support
revising the current secondary PM2.5
standards to improve visual air quality,
particularly in urban areas. As
discussed below, the Staff Paper
recommended the establishment of a
new short-term secondary PM2.5
standard to provide increased and more
targeted protection, primarily in urban
areas, from visibility impairment related
to fine particles (EPA, 2005, p. 7–12).
Based on its review of the Staff Paper,
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the CASAC advised the Administrator
that most CASAC PM Panel members
strongly supported the Staff Paper
recommendation to establish a new
distinct secondary PM2.5 standard to
protect urban visibility (Henderson,
2005a).84 Most Panel members
considered such a standard to be a
reasonable complement to the Regional
Haze Rules that protect Class I areas.
In the proposal, the Administrator
carefully considered the rationale and
recommendations in the Staff Paper, the
advice and recommendations from
CASAC, and initial public comments on
the issue of whether the secondary PM
standards should be revised to provide
increased PM-related visibility
impairment primarily in urban areas. In
so doing, the Administrator first
recognized that PM-related visibility
impairment is principally related to fine
particle levels, such that it is
appropriate to focus the review on
whether the current secondary PM2.5
standards should be revised. The
Administrator also recognized that
perception of visibility impairment is
most directly related to instantaneous
levels of visual air quality, such that in
considering whether the current suite of
secondary standards would provide the
appropriate degree of protection, he first
considered whether the current 24-hour
secondary PM2.5 standard provides an
appropriate level of protection from
visibility impairment, principally in
urban areas.
In the proposal, the Administrator
called attention to the Staff Paper
finding that, at concentrations at or near
the level of the current 24-hour PM2.5
secondary standard (65 µg/m3) visual
ranges are degraded to a distance of
about 10 km (6 miles) and images of
scenic views (e.g., mountains, historic
monuments, urban skylines) around and
within a number of urban areas are
significantly obscured from view.
Further, the Administrator took note of
the various State and local standards
and programs that have been established
to protect visual air quality beyond the
degree of protection that would be
afforded by the current 24-hour
secondary PM2.5 standard. Based on all
of the above considerations, the
Administrator provisionally concluded
that it was appropriate to revise the
current 24-hour secondary PM2.5
standard to provide an appropriate level
of protection from visibility impairment
principally in urban areas, in
conjunction with the regional haze
84 A dissenting view was expressed in one Panel
member’s individual review comments to the effect
that any urban visibility standard should be
voluntary and locally adopted (Henderson, 2005a).
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program for protection of rural air
quality in Class I areas.
The majority of commenters who
expressed an opinion on the secondary
standards, including NESCAUM,
STAPPA/ALAPCO, a number of
individual States, Tribal associations,
and local organizations, and combined
comments from various environmental
groups supported the position that the
secondary PM2.5 standards should be
revised to increase protection against
visibility impairment. A number of
these commenters cited the studies and
evidence in the PM Staff Paper, as well
as the recommendations of CASAC, in
support of their views that a more
protective standard is warranted.
NESCAUM noted that, though monitors
in the northeast region do not exceed
the current secondary PM2.5 standards,
their regional haze camera network
(CAMNET) routinely documents
extremely hazy days obscuring city
skylines and views. NESCAUM stated
that ‘‘this shows that virtually all of
PM2.5 effects on visibility in the
Northeast are occurring below the
present secondary standard, justifying
EPA’s proposal to revise the existing
standard to a more stringent level
adequately protective of public welfare’’
(NESCAUM, attachment C, p. C–1) In
general, EPA agrees with these
commenters that the more recent
information on visibility values,
photographic evidence, and air quality/
visibility relationships supports the
need to revise the current secondary
PM2.5 standards.
Other commenters, including UARG,
American Public Power Association,
and American Electric Power, opposed
a revision to strengthen the secondary
PM2.5 standards at this time. UARG
stated that:
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Because the record does not establish that the
risks to public welfare from ambient PM2.5
are greater, different in character, or more
certain than was understood when the
present standards were established, the
Agency lacks a basis for revising its
conclusion that those standards provide the
requisite protection of public welfare.
(UARG, p. 36).
UARG questioned the usefulness of
the photographic images and urban
studies of acceptable visibility
highlighted in the proposal for
determining appropriate levels of urban
visibility. They further noted that, for
most areas, the annual PM2.5 standard
would prevent any exceedances of 65
µg/m3.
While, as summarized above, the key
optical aspects of the relationship
between fine particles and visibility
have been established for a long time,
EPA strongly disagrees that the more
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recent visibility-related evidence and
analyses presented in the Criteria
Document and Staff Paper provide no
basis for considering more protective
PM2.5 standards. As discussed in the
Staff Paper, one of the key issues in the
last review was whether the differences
in humidity between East and West
complicated the establishment of a
nationally uniform PM2.5 secondary
standard, even for urban areas (EPA,
2005, p. 7–3). With the substantial
addition to the air quality and visibility
data made possible by the national
urban PM2.5 monitoring networks, an
analysis conducted for this review
found that, in urban areas, visibility
levels show far less difference between
eastern and western regions on a 24hour or shorter time basis than implied
by the largely non-urban data available
in the 1997 review (EPA, 2005, p. 7–5).
Of equal importance, more recent
studies of visibility values conducted
for several urbanized areas have found
results generally consistent with an
earlier study done for the city of Denver.
While such studies are still limited in
number and subject to uncertainty, they
suggest a remarkable consistency in
public reaction to urban visibility
impairment caused by fine particles
(EPA 2005, p. 6–18 to 23).
Furthermore, staff and CASAC agreed
on the utility of photographic evidence
in characterizing the nature of particleinduced haze. At the level of the current
24-hour PM2.5 standard, the potential
subtleties associated with alternative
photographic views alluded to by UARG
would be obscured by the density of the
accompanying haze, which would
restrict the distance of the farthest
discernable dark objects to only 6 miles
and greatly reduce the contrast for
objects at significantly shorter distances.
Although, as suggested by these
commenters, the annual standard serves
to limit excursions above the level of the
current 24-hour standard, particularly in
eastern urban areas, continuation of the
current 24-hr PM2.5 standard would
permit a large number of exceedances of
this level especially in some western
urban areas, even when the standard is
just attained. In summary, contrary to
the views of this set of commenters,
EPA believes that the combination of
new insights from air quality analyses,
the standards and studies developed to
address urban visibility in several areas,
as well as an evaluation of the
photographic evidence, supports the
need to revise the current secondary
PM2.5 standards.
Having considered the evidence and
analysis of visibility and fine particles
in the Criteria Document and Staff
Paper, the advice and recommendations
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61205
of the CASAC, as well as the public
comments on this issue, the
Administrator concludes that it is
appropriate to revise the current
secondary PM2.5 standards to provide
increased protection from visibility
impairment in urban areas. Consistent
with the considerations and rationale
summarized above and in the proposal,
the Administrator believes that
emphasis should be placed on revisions
to the current 24-hour PM2.5 standard
that would provide an appropriate level
of protection against visibility
impairment principally in urban areas,
in conjunction with the regional haze
program for protection of visual air
quality in Class I areas.
3. Indicator of PM for Secondary
Standard To Address Visibility
Impairment
As discussed in the Staff Paper, fine
particles contribute to visibility
impairment directly in proportion to
their concentration in the ambient air.
Hygroscopic components of fine
particles, in particular sulfates and
nitrates, contribute disproportionately
to visibility impairment under high
humidity conditions. Particles in the
coarse mode generally contribute only
marginally to visibility impairment in
urban areas. In analyzing how well
PM2.5 concentrations correlate with
visibility in urban locations across the
U.S. (see EPA, 2005, section 6.2.3), the
Staff Paper concluded that the observed
correlations are strong enough to
support the use of PM2.5 as the indicator
for such standards. More specifically,
clear correlations exist between 24-hour
average PM2.5 concentrations and
reconstructed light extinction, which is
directly related to visual range. These
correlations are similar in the eastern
and western regions of the U.S. Further,
these correlations are less influenced by
relative humidity and more consistent
across regions when PM2.5
concentrations are averaged over
shorter, daylight time periods (e.g., 4 to
8 hours). Thus, the Staff Paper
concluded that it is appropriate to use
PM2.5 as an indicator for standards to
address visibility impairment in urban
areas, especially when the indicator is
defined for a relatively short period of
daylight hours. Based on its review of
the Staff Paper, most CASAC Panel
members endorsed a PM2.5 indicator for
a secondary standard to address
visibility impairment (Henderson,
2005a, p. 9).
The Administrator provisionally
concurred with the EPA staff and
CASAC recommendations, and
proposed that PM2.5 should be retained
as the indicator for fine particles as part
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of a secondary standard to address
visibility protection. No commenters
disputed the appropriateness of
continuing to use PM2.5 as the indicator
for fine particle secondary standards to
address visibility impairment.
Having considered the scientific
information discussed in the proposal
and summarized above, as well as the
recommendations of the staff and
CASAC and the public comments on
this issue, the Administrator concludes
that PM2.5 should be retained as the
indicator for fine particles as part of a
secondary standard to address visibility
protection.
4. Averaging Time of a Secondary PM2.5
Standard for Visibility Protection
As discussed in the Staff Paper,
averaging times from 24 to 4 hours were
considered for a revised standard to
address visibility impairment. Within
this range, clear and similarly strong
correlations were found between
visibility and 24-hour average PM2.5
concentrations in eastern and western
areas, while somewhat stronger
correlations were found with PM2.5
concentrations averaged over a 4-hour
time period. In general, correlations
between PM2.5 concentrations and light
extinction were found to be generally
less influenced by relative humidity and
more consistent across regions as
shorter, sub-daily averaging times,
within daylight hours from
approximately 10 a.m. to 6 p.m., were
considered. The Staff Paper concluded
that an averaging time from 4 to 8 hours,
generally within this daylight time
period, should be considered for a
standard to address visibility
impairment.
In reaching this conclusion, the Staff
Paper recognized that the PM2.5 Federal
Reference Method (FRM) monitoring
network provides 24-hour average
concentrations, and, in some cases, on
a third- or sixth-day sample schedule,
such that implementing a standard with
a less-than-24-hour averaging time
would necessitate the use of continuous
monitors that can provide hourly time
resolution. Given that the data used in
the Staff Paper analysis discussed above
were from commercially available PM2.5
continuous monitors, such monitors
clearly could provide the hourly data
that would be needed for comparison
with a potential visibility standard with
a less-than-24-hour averaging time.
Most CASAC Panel members
supported the Staff Paper
recommendation of a sub-daily (4 to 8
daylight hours) averaging time, finding
it to be an innovative approach that
strengthens the quality of the PM2.5
indicator for visibility effects by
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targeting the driest part of the day
(Henderson, 2005a, p. 9). In its advice
to the Administrator, CASAC noted an
indirect but important benefit to
advancing EPA’s monitoring program
goals that would come from the direct
use of hourly data from a network of
continuous PM2.5 mass monitors.
In considering the Staff Paper
recommendation and CASAC’s advice,
the Administrator provisionally
concluded that averaging times from 24
hours to 4 daylight hours would
represent a reasonable range of choices
for a standard to address urban visibility
impairment. A 24-hour averaging time
could be selected and applied based on
the extensive data base currently
available from the existing PM2.5 FRM
monitoring network, whereas a subdaily averaging time would necessarily
depend upon an expanded network of
continuous PM2.5 mass monitors. While
the Administrator agreed that broader
deployment of continuous PM2.5 mass
monitors is a desirable goal, working
toward that goal does not depend upon
nor provide an appropriate basis for
setting a sub-daily standard. The
Administrator believed that it was
appropriate to evaluate averaging time
in conjunction with reaching decisions
on the form and level of a standard.
Public comments on these issues, as
well as the rationale for the final
decisions on averaging time, form, and
level of the secondary standards, are
presented in the following section.
5. Final Decisions on Secondary PM2.5
Standards for Visibility Protection
In considering PM2.5 standards that
would provide an appropriate level of
protection against PM-related
impairment of visibility primarily in
urban areas, the Administrator took into
account the results of the public
perception and attitude surveys in the
U.S. and Canada, State and local
visibility standards within the U.S., and
visual inspection of photographic
representations of several urban areas
across the U.S. summarized in section
IV.A.1 of the proposal. In the
Administrator’s judgment, these sources
provide useful but still quite limited
information on the range of levels
appropriate for consideration in setting
a national visibility standard primarily
for urban areas, given the generally
subjective nature of the public welfare
effect involved. In considering
alternative forms for such standards, the
Administrator took into account the
same general factors that were
considered in selecting an appropriate
form for the 24-hour primary PM2.5
standard (as discussed above in section
II.E.1), as well as additional information
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on the percent of areas not likely to
meet various alternative PM2.5
standards, consistent with CASAC
advice to consider such information
(Henderson, 2005a, p. 10).
In considering the remaining elements
of a secondary PM2.5 standard (averaging
time, form, and level) for purposes of
the proposal, the Administrator looked
to the rationale presented in the Staff
Paper and to CASAC’s advice and
recommendations for such a standard.
Based on photographic representations
of varying levels of visual air quality,
public perception studies, and local and
State visibility standards, as discussed
above, the Staff Paper concluded that 30
to 20 µg/m3 PM2.5 represents a
reasonable range for a national visibility
standard primarily for urban areas,
based on a sub-daily averaging time.
The upper end of this range is below the
levels at which the illustrative scenic
views are significantly obscured, and
the lower end is around the level at
which visual air quality generally
appears to be good based on observation
of the illustrative views. Analyses of 4hour average PM2.5 concentrations
indicate that this concentration range
can be expected generally to correspond
to median visual ranges in urban areas
within regions across the U.S. of
approximately 25 to 35 km (see EPA,
2005, Figure 7–1).85 This range of visual
range values is bounded above by the
visual range targets selected in specific
areas where State or local agencies
placed particular emphasis on
protecting visual air quality.
In considering a reasonable range of
forms for a PM2.5 standard within this
range of levels, the Staff Paper
concluded that a concentration-based
percentile form is appropriate for the
same reasons as those discussed in
section II.F.1 above (on the form of the
24-hour primary PM2.5 standard). The
Staff Paper also concluded that the
upper end of the range of concentration
percentiles should be consistent with
the percentile used for the primary
standard, which was proposed to be the
98th percentile, and that the lower end
of the range should be the 92nd
percentile, which represents the mean
of the distribution of the 20 percent
most impaired days, as targeted in the
regional haze program (EPA, 2005, p. 7–
11 to 12).
In its advice to the Administrator, the
CASAC Panel recognized that it is
difficult to select any specific level and
85 The Staff Paper notes that a standard set at any
specific PM2.5 concentration will necessarily result
in visual ranges that vary somewhat in urban areas
across the country, reflecting the variability in the
correlations between PM2.5 concentrations and light
extinction (EPA, 2005, p. 7–8).
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form based on currently available
information (Henderson, 2005a, p. 9).
Some Panel members felt that the range
of levels recommended in the Staff
Paper was on the high side, but
recognized that developing a more
specific (and more protective) level in
future reviews would require updated
and refined public visibility valuation
studies, which CASAC strongly
encouraged the Agency to support prior
to the next review. With regard to the
form of the standard, the
recommendations in the final Staff
Paper reflected CASAC’s advice to
consider percentiles in the range of the
92nd to the 98th percentile. Some Panel
members recommended considering a
percentile within this range in
conjunction with a level toward the
upper end of the range recommended in
the Staff Paper.86
Based on the above considerations, for
purposes of the proposal the
Administrator believed that it was
appropriate to first consider the level of
protection that would be afforded by the
proposed suite of primary PM2.5
standards (71 FR 2681). The limited and
uncertain evidence currently available
for use in evaluating the appropriate
level of protection suggested that a
cautious approach was warranted in
establishing a distinct secondary PM2.5
standard to address visibility
impairment. While significantly more
information is available since the last
review concerning the relationship
between fine PM levels and visibility
across the country, there is still little
available information for use in making
the relatively subjective value judgment
needed in selecting the appropriate
degree of protection to be afforded by
such a standard. Given this, the
Administrator first evaluated the level
of protection that the proposed primary
PM2.5 standards would likely provide,
and then determined whether the
available evidence warranted adopting a
standard with a different level, form, or
averaging time.
In comparing the extent to which the
proposed suite of primary standards
would require areas across the country
to improve visual air quality with the
extent of increased protection likely to
be afforded by a standard based on a
sub-daily averaging time, the
Administrator looked to an analysis of
the predicted percent of areas not likely
to meet various alternative secondary
86 Some CASAC Panel members also
recommended that such a standard be implemented
in conjunction with an ‘‘exceptional events’’ policy
so as to avoid having non-compliance with the
standard be driven by natural source influences
such as dust storms and wild fires (Henderson,
2005a).
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and primary PM2.5 standards (EPA,
2005, Tables 7A–1 and 5B–1(a) 87). In so
doing, the Administrator observed that
the predicted percent of counties with
monitors not likely to meet the
proposed suite of primary PM2.5
standards (i.e., a 24-hour standard set at
35 µg/m3, with a 98th percentile form,
and an annual standard of 15 µg/m3)
was actually somewhat greater (27
percent) than the predicted percent of
counties with monitors not likely to
meet a sub-daily secondary standard
with an averaging time of 4 daylight
hours, a level toward the upper end of
the range recommended in the Staff
Paper (e.g., up to 30 µg/m3), and a form
within the recommended range (e.g.,
around the 95th percentile) (24 percent).
A similar comparison was seen in
considering the predicted percentages of
the population living in such areas.
Considering the evidence in light of
these comparisons, the Administrator
provisionally concluded that revising
the current secondary 24-hour standard
for PM2.5 to be identical to the proposed
revised primary PM2.5 standard and
retaining the current annual secondary
PM2.5 standard was a reasonable policy
approach to addressing visibility
protection primarily in urban areas.
Consistent with CASAC’s
recommendation, the Administrator also
solicited comment on a sub-daily (4- to
8-hour averaging time) secondary PM2.5
standard.
In additional comments responding to
EPA’s proposed revision of the
secondary PM2.5 standards for visibility
protection (71 FR 2675–2781), the
CASAC requested that a sub-daily
standard to protect visibility be
favorably reconsidered (Henderson,
2006, p. 2). As noted above, most of the
CASAC Panel recommended a sub-daily
standard for PM2.5 with a level in the 20
to 30 µg/m3 range for a four- to eighthour (4–8 hr) mid-day time period with
a 92nd to 98th percentile form. The
CASAC members noted three cautions
regarding the Agency’s proposed
reliance on a secondary PM2.5 standard
identical to the proposed 24-hour
primary PM2.5 standard (Id. at pp. 5–6):
(1) They noted that the PM2.5 mass
measurement is a better indicator of
visibility impairment during daylight
hours, when humidities are low; the
sub-daily standard more clearly matches
87 The information in these Tables is based on
analysis of 2001–2003 air quality data, including
562 counties with FRM monitors that met specific
data completeness criteria for developing predicted
percentages of counties not likely to meet the suite
of primary PM2.5 standards and 168 counties with
continuous PM2.5 monitors that met less restrictive
data completeness criteria for developing predicted
percentages for a 4-hour secondary PM2.5 standard.
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the nature of visibility impairment,
whose adverse effects are most evident
during the daylight hours; using a 24hour standard as a proxy introduces
error and uncertainty in protecting
visibility; and sub-daily standards are
used for other NAAQS and should be
the focus for visibility.
(2) They noted that CASAC and its
monitoring subcommittees have
repeatedly commended EPA’s initiatives
promoting the introduction of
continuous and near-continuous PM
monitoring, and that expanded
deployment of continuous PM2.5
monitors is consistent with setting a
sub-daily standard to protect visibility.
(3) They cautioned that the analysis
showing a similarity between
percentages of counties not likely to
meet what they considered to be a
lenient 4- to 8-hour secondary standard
and a secondary standard identical to
the proposed 24-hour primary standard
is a numerical coincidence that is not
indicative of any fundamental
relationship between visibility and
health.
The CASAC Panel further stated that
‘‘visual air quality is substantially
impaired at PM2.5 concentrations of 35
µg/m3’’ and that ‘‘it is not reasonable to
have the visibility standard tied to the
health standard, which may change in
ways that make it even less appropriate
for visibility concerns.’’ (Id. at p. 6.)
Many of the public commenters who
supported a more stringent visibility
standard also supported the more
specific EPA staff and CASAC
recommendations and urged EPA to
adopt a sub-daily (4- to 8-hour averaging
time) PM2.5 standard to address
visibility impairment, within the range
of 20 to 30 µg/m3 and with a form
within the range of the 92nd to 98th
percentile. In general, these commenters
based their recommendations on the
same studies, analyses, and
considerations presented in the Staff
Paper and in section IV.A of the
proposal.88
EPA agrees with several of the key
technical points made in CASAC’s
original recommendations and their
request for reconsideration. The
Administrator recognizes that there is a
significant body of data and information
indicating that a sub-daily standard has
88 The American Lung Association et al.
disagreed with the Administrator’s view that the
secondary standards should be focused primarily
on providing protection in urban areas, with
protection of Class I areas provided by the Regional
Haze Rule. These commenters suggested that EPA
should not rely on the regional haze program and
must set national standards to protect all areas. As
discussed in the Response to Comments document,
EPA believes that this issue was settled in ATA I.
(See 175 F.3d at 1056–1057.)
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strong technical merit. The fine particle/
visibility relationship is most consistent
across regions for shorter averaging
times during the daylight hours, when
humidity tends to be lowest. The EPA
also agrees that visibility impairment
has the greatest impact on public
welfare during the daylight hours, but
notes that daylight is not limited to a
four to eight hour period.
The Administrator believes, however,
that it is appropriate to consider the
protection the revised suite of primary
PM2.5 standards would provide against
adverse effects on public welfare. The
analysis summarized above found that
the relative protection provided by the
proposed primary standards was
equivalent or more protective than
several of the 4-hour secondary standard
alternatives in the range recommended
by the Staff Paper and CASAC. Given
the limitations in the underlying studies
and the subjective nature of the
judgment required, the Administrator
continues to believe that caution is
warranted in establishing a distinct
secondary standard for visibility
impairment. Contrary to commenters
who recommended a distinct standard
providing greater protection, in this
case, the Administrator does not believe
that these studies warrant adopting a
secondary standard that would provide
either more or less protection against
visibility impairment in urban areas
than would be provided by secondary
standards set equal to the proposed
primary PM2.5 standards. While EPA
agrees that the use of 24-hour and
annual averages will result in more
variability in visibility across urban
areas, as the Staff Paper notes, any PM2.5
secondary standard would result in
some variability in protection in
different locations (EPA, 2005, p. 7–8).
While, as noted above and in the
proposal, the Administrator agrees with
CASAC’s point that broader deployment
of continuous PM2.5 mass monitors is a
desirable goal, working toward that goal
does not depend upon nor provide an
appropriate basis for setting a sub-daily
standard. Moreover, pursuant to CASAC
recommendations, EPA is today issuing
modifications to the PM2.5 reference and
equivalent methods that will encourage
the certification and deployment of
more continuous monitors (in a separate
document published in today’s Federal
Register). With respect to the third
CASAC comment summarized above,
EPA agrees that the result of the analysis
showing a similarity in the percentages
of counties not likely to meet the
revised 24-hour primary PM2.5 standard
or a sub-daily standard set toward the
upper end of the range of protectiveness
recommended by CASAC is not
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indicative of any fundamental
relationship between visibility and
public health. However, EPA does not
believe that this coincidental similarity
weighs against considering making the
secondary standard identical to the
revised primary standard.
Having considered the evidence, the
advice of CASAC, and public
comments, the Administrator believes
that revising the current secondary
PM2.5 standards to be identical to the
revised suite of primary PM2.5 standards
adopted in today’s notice is a reasonable
policy approach to addressing visibility
impairment primarily in urban areas.
The current annual and revised 24-hour
secondary PM2.5 standards will result in
improvements in visual air quality in as
many or more urban areas across the
country as would the alternative
approach of setting a sub-daily standard
consistent with the upper portion of the
ranges recommended by CASAC. This
approach recognizes the substantial
limitations in the available hourly air
quality data and in available studies of
public perception and attitudes with
regard to the acceptability of various
degrees of visibility impairment in
urban areas across the country. Given
these limitations, the Administrator
believes that a distinct secondary
standard with a different averaging time,
level, or form is not warranted at this
time, because the available evidence
does not support a decision to achieve
a level of protection different from that
provided by the revised suite of primary
standards, and because no further
change in averaging time, level, or form
appears needed to achieve a comparable
level of protection. A decision in this
review to make secondary standards
equivalent in all respects to the primary
standards, as revised, does not limit the
ability of the Agency to establish a
distinct secondary standard in the
future if and when the underlying
evidence indicates that it is appropriate.
Further, the Administrator notes that
continuing to advance the use of
continuous PM2.5 monitors is not
dependant on establishing a sub-daily
secondary PM2.5 standard.
The Administrator believes that any
secondary NAAQS for visibility
protection should be considered in
conjunction with the regional haze
program as a means of achieving
appropriate levels of protection against
PM-related visibility impairment in
urban, non-urban, and Class I areas
across the country. Programs
implemented to meet the national
primary standards can be expected to
improve visual air quality not just in
urban areas but in surrounding nonurban areas as well; similarly, programs
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now being developed to address the
requirements of the regional haze rule
established for protection of visual air
quality in Class I areas can be expected
to improve visual air quality in
surrounding areas as well. The
Administrator further believes that the
development of local programs
continues to be an effective and
appropriate approach to provide
additional protection for unique scenic
resources in and around certain urban
areas that are highly valued by people
living in those areas.
Based on all of the considerations
discussed above, the Administrator
concludes that it is appropriate to revise
the current secondary PM2.5 standards to
be identical in all respects to the revised
suite of primary PM2.5 standards
adopted in today’s notice to provide an
appropriate level of visibility protection
primarily in urban areas.
B. Other PM-Related Welfare Effects
In considering the currently available
evidence on non-visibility PM-related
welfare effects, the Staff Paper noted
that there was much information linking
ambient PM to potentially adverse
effects on vegetation and ecosystems
and on materials damage and soiling,
and on characterizing the role of
atmospheric particles in climatic and
radiative processes. However, given the
evaluation of this information in the
Criteria Document and Staff Paper,
which highlighted the substantial
limitations in the evidence, especially
the lack of evidence linking various
effects to specific levels of ambient PM,
the Administrator provisionally
concluded in the proposal that the
available evidence did not provide a
sufficient basis for establishing distinct
secondary standards for PM based on
any of these effects alone.
In the proposal, the Administrator
also addressed the question whether
reductions in PM likely to result from
the current secondary PM standards, or
from the range of revised primary PM
standards, would provide appropriate
protection against any of these PMrelated welfare effects. As discussed
below, these considerations included
the latest scientific information
characterizing the nature of these nonvisibility PM-related effects and
judgments as to whether revision of the
current secondary standards is
appropriate based on that information.
1. Evidence of Non-Visibility Welfare
Effects Related to PM
Particulate matter contributes to
adverse effects on a number of welfare
effects categories other than visibility
impairment, including vegetation and
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ecosystems, soiling and materials
damage, and climate. These welfare
effects result predominantly from
exposure to excess amounts of specific
chemical species, regardless of their
source or predominant form (particle,
gas, or liquid). Reflecting this fact, the
Criteria Document concluded that
regardless of size fraction, particles
containing nitrates and sulfates have the
greatest potential for widespread
environmental significance. The nature
of these welfare effects is discussed in
the Criteria Document (Chapters 4 and
9) and Staff Paper (Chapter 6) and
summarized in section IV.B.1 of the
proposal. The information highlighted
there includes:
(1) PM-related effects on vegetation,
specifically those associated with excess
levels of particulate nitrate and sulfate
in acidifying deposition to foliage,
leading to accelerated weathering of leaf
cuticular surfaces; increased
permeability of leaf surfaces to toxic
materials, water, and disease agents;
increased leaching of nutrients from
foliage; and altered reproductive
processes—all which serve to weaken
trees so that they are more susceptible
to other stresses (e.g., extreme weather,
pests, pathogens).
(2) PM-related effects on ecosystems,
specifically those resulting from the
nutrient or acidifying characteristics of
deposited PM on both terrestrial and
aquatic ecosystems, which contribute to
adverse impacts on essential ecological
attributes such as species shifts, loss of
diversity, impacts to threatened and
endangered species and alteration of
native fire cycles.
(3) Characterization of ecosystem
exposure to PM deposition, specifically
the currently available deposition
monitoring network and the lack of
sufficient long-term monitoring of
ecosystem response needed for PMrelated ecological risk assessment.
(4) The critical loads concept and its
applicability as an assessment tool in
the context of the PM secondary
NAAQS review.
(5) PM-related effects on materials,
specifically the physical damage caused
mainly by deposited particulate nitrates
and sulfates and the impaired aesthetic
qualities due to soiling caused mainly
by particles consisting primarily of
carbonaceous compounds.
(6) PM-related effects on climate,
specifically through scattering and
absorption of radiation by ambient
particles, as well as effects on the
radiative properties of clouds through
changes in the number and size
distribution of cloud droplets, and by
altering the amount of ultraviolet solar
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radiation (especially UV–B) penetrating
through the atmosphere to ground level.
2. Need for Revision of the Current
Secondary PM Standards To Address
Other PM-Related Welfare Effects
At the time of proposal, in
considering the currently available
evidence on each type of PM-related
welfare effects discussed above, the
Administrator noted that there was
much information linking the sulfurand nitrogen-containing components of
ambient PM to potentially adverse
effects on ecosystems and vegetation, as
well as links between PM and its
constituents and materials damage and
soiling, as well as climatic and radiative
processes. However, after reviewing the
extent of relevant studies and other
information available since the 1997
review of the PM standards, which
highlighted the substantial limitations
in the evidence, especially with regard
to the lack of evidence linking various
effects to specific levels of ambient PM,
the Administrator concurred with
conclusions reached in the Staff Paper
and by CASAC (Henderson, 2005a) that
the available data do not provide a
sufficient basis for establishing distinct
secondary PM standards based on any of
these non-visibility PM-related welfare
effects.
While recognizing that PM-related
impacts on vegetation and ecosystems
and PM-related soiling and materials
damage are associated with chemical
components in both fine and coarsefraction PM, the Administrator
provisionally concluded that sufficient
information was not available at this
time to consider either an ecologically
based indicator or an indicator based
distinctly on soiling and materials
damage, in terms of specific chemical
components of PM. Further, consistent
with the rationale and recommendations
in the Staff Paper, the Administrator
agreed that it was appropriate to
continue control of ambient fine and
coarse-fraction particles, especially
long-term deposition of particles such as
particulate nitrates and sulfates that
contribute to adverse impacts on
vegetation and ecosystems and/or to
materials damage and soiling. The
Administrator also agreed with the Staff
Paper that the available information did
not provide a sufficient basis for the
development of distinct secondary
standards to protect against such effects
beyond the protection likely to be
afforded by the proposed suite of
primary PM standards. In considering
those proposed standards in
combination, including the proposed
more protective 24-hour standard for
PM2.5 and the proposed 24-hour
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standard for PM10–2.5, which was
intended to provide an equivalent
degree of protection to the current PM10
standards in areas where the proposed
PM10–2.5 indicator would apply (which
tend to be more densely populated areas
where materials damage would be of
greater concern), the Administrator
believed that this proposed suite of
standards would afford at least the
degree of protection as that afforded by
the current secondary PM standards.
Finally, the Administrator believed
that such standards should be
considered in conjunction with the
protection afforded by other programs
intended to address various aspects of
air pollution effects on ecosystems and
vegetation, such as the acid deposition
program and other regional approaches
to reducing pollutants linked to nitrate
or acidic deposition. Based on these
considerations, and taking into account
the information and recommendations
discussed above, the Administrator
proposed to revise the current
secondary PM2.5 and PM10 standards to
address these other welfare effects by
making them identical in all respects to
the proposed suite of primary PM2.5 and
PM10–2.5 standards.
In response to the proposal, in
addition to their recommendation for a
PM2.5 secondary standard, CASAC
recommended (Henderson, 2006, p. 4)
‘‘that a secondary PM10–2.5 standard be
set at the same level as the primary PM
coarse standard to protect against the
various irritant, soiling and nuisance
welfare or environmental effects of
coarse particles. Since these effects are
not uniquely related to urban sources or
receptors, the standard should not be
limited to urban areas.’’ Only limited
public comments were received on this
aspect of the proposal.
In general, public comments relating
to secondary standards and other
welfare effects focused on issues related
to the current secondary PM10
standards. Most of these commenters,
including the groups who objected to
the use of a qualified indicator for the
primary thoracic coarse particle
standard, argued that current levels of
PM dust contribute or potentially
contribute to nuisance, soiling, and
irritant impacts on personal comfort and
well being, especially in non-urban
areas. The same commenters agreed
with CASAC that, in the absence of a
demonstration to the contrary, EPA is
not justified in eliminating or reducing
the level of protection to rural areas that
is provided by the current suite of
secondary standards. Most of these
commenters recommended that EPA
either retain the current PM10 secondary
standard or replace it with a PM10–2.5
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standard set identical to the proposed
primary standard without the proposed
qualifications that limited application of
the standard to urban areas.
A few commenters argued against
retaining any secondary standard for
coarse particles. Many of these same
commenters argued that if EPA did set
a secondary PM10–2.5 standard, it should
be set equal to the primary PM10–2.5
standard because there was insufficient
evidence to support adoption of a
distinct secondary standard for PM10–2.5
at this time. Furthermore, these
commenters noted that in the proposal,
EPA had correctly excluded from both
primary and secondary standards ‘‘any
ambient mix of PM10–2.5 that is
dominated by rural windblown dust and
soils and PM generated by agricultural
and mining sources’’ because these
particles are nontoxic and generally
settle quickly.
In reaching a final decision on the
need to revise the PM secondary
standards regarding these non-visibility
related welfare effects, the
Administrator has taken into account
several key factors, including: (1) The
latest scientific information on nonvisibility welfare effects associated with
PM, as previously described; (2) the
post-proposal recommendations of
CASAC, (3) comments received during
the public comment period, and (4) the
final decisions reached in today’s notice
on the primary standards for fine and
coarse particles, as well as the decision
presented above on secondary PM2.5
standards to protect against visibility
impairment. The Administrator notes
that extending today’s decision not to
revise the current 24-hour primary PM10
standard to the secondary standard
would be consistent with the
recommendations of CASAC and would
address the issues raised by the first
group of commenters summarized
above. Consistent with the assessment
of the evidence in the Staff Paper and
the CASAC recommendations, the
Administrator disagrees with those who
assert that no secondary standard is
needed to protect against the welfare
effects associated with coarse particles.
On the other hand, the Administrator
does not believe that distinct secondary
standards for fine or coarse particles are
warranted for any of the effects
considered in this section. The available
evidence is not sufficient to support the
selection of an ecologically based
indicator or an indicator based
distinctly on materials damage, soiling,
irritant or nuisance effects, or other
effects of PM. However, the
Administrator recognizes that it is
appropriate to continue control of
ambient fine and coarse particles,
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especially long-term deposition of
particles such as particulate nitrates and
sulfates that contribute to the total input
of nitrogen and sulfur to ecosystems that
has been shown to adversely affect
sensitive aquatic and terrestrial
ecosystems, and/or particles that
contribute to materials damage and
soiling. The Administrator notes that
setting the secondary PM standards
identical to the revised suite of primary
standards directionally improves the
level of protection afforded vegetation,
ecosystems, and materials. In addition,
the Administrator continues to believe
that the secondary NAAQS should be
considered in conjunction with the
protection afforded by other programs
intended to address various aspects of
air pollution effects on ecosystems and
vegetation, such as the acid deposition
program and other regional approaches
to reducing pollutants linked to nitrate
or acidic deposition.
Based on the above considerations,
the Administrator concludes that it is
appropriate to address the other welfare
effects summarized in this section by
revising the current suite of PM2.5
secondary standards, making them
identical in all respects to the suite of
primary PM2.5 standards, while
retaining the current 24-hour PM10
secondary standard and revoking the
current annual PM10 secondary
standard. For the reasons noted in
section III.D.1 above, the 24-hour PM10
standard will provide adequate
protection against the known and
potential effects related to long-term
PM10 concentrations.
C. Final Decisions on Secondary PM
Standards
For the reasons discussed above, and
taking into account the information and
assessments presented in the Criteria
Document and Staff Paper, the advice
and recommendations of CASAC, and
public comments received on the
proposal, the Administrator is revising
the current secondary PM standards by
making them identical in all respects to
the suite of primary PM standards, as
revised by today’s action. In the
Administrator’s judgment, these
standards, in conjunction with the
regional haze program, will provide
appropriate protection to address PMrelated welfare effects, including
visibility impairment, effects on
vegetation and ecosystems, materials
damage and soiling, and effects on
climate change.
V. Interpretation of the NAAQS for PM
This section presents EPA’s final
decisions regarding the revision,
addition, and/or revocation of
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appendices to 40 CFR Part 50 on
interpreting the primary and secondary
NAAQS for PM.
A. Amendments to Appendix N—
Interpretation of the National Ambient
Air Quality Standards for PM2.5
The EPA proposed to revise the data
handling procedures in appendix N to
40 CFR Part 50 for the annual and 24hour PM2.5 standards (71 FR 2685–
2686). The proposed amendments to
appendix N detailed the computations
necessary for determining when the
proposed primary and secondary PM2.5
NAAQS were met. The proposed
amendments also addressed data
reporting, monitoring considerations,
and rounding conventions. Key
elements of the proposed revisions to
appendix N were presented in section V
of the preamble to the proposed rule
and are summarized below, together
with EPA’s final decisions on revisions
to appendix N.
1. General
As proposed, EPA is adding several
new definitions to section 1.0 and using
these definitions throughout the
appendix, most notably ones for ‘‘design
values.’’ Also, the 24-hour sampling
timeframe has been clarified as
representing ‘‘local standard (word
inserted) time.’’ This revision reflects
EPA’s previous intent as well as
majority practice, and also avoids
ambiguity since local clock time varies
according to daylight savings periods.
No opposing comments were received
on these changes.
2. PM2.5 Monitoring and Data Reporting
Considerations
As proposed, two new sections are
being added to appendix N to more
specifically stipulate and highlight
monitoring and data considerations (71
FR 2685). New section 2.0 includes
statistical requirements for spatial
averaging (which is part of the form of
the annual standard for PM2.5). As
discussed in section II.F.2 above, EPA is
tightening two of the constraints on the
use of spatial averaging to provide an
adequate margin of safety to susceptible
subpopulations by reflecting enhanced
knowledge of typical monitor
relationships in metropolitan areas.
New section 3.0 to appendix N
codifies aspects of raw data reporting
and raw data time interval aggregation
including specifications of number of
decimal places. Previously, these
reporting instructions resided only in
associated guidance documents. Section
3.0 also notes the process for
assimilating monitored concentration
data from collocated instruments into a
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single ‘‘site’’ record; data for the site
record would originate mainly from the
designated ‘‘primary’’ monitor at the site
location, but would be augmented with
collocated Federal reference method
(FRM) or Federal equivalent method
(FEM) monitor data whenever valid data
are not generated by the primary
monitor. This procedure will enhance
the opportunity for sites to meet data
completeness requirements. This
language likewise codifies existing
practice, since the technique was
previously documented in guidance
documentation and implemented as
EPA standard operating procedure.
Commenters agreed that this was a valid
approach and should be implemented.
3. PM2.5 Computations and Data
Handling Conventions
As proposed, EPA is maintaining a
spatially-averaged annual mean, with
revisions to the criteria for when spatial
averaging can be used (see section 1
above, as well as section II.E.2), as the
form of the annual PM2.5 standard and
is retaining a 98th percentile
concentration as the form of the 24-hour
PM2.5 standard. Although no actual
computational change was proposed for
a spatially-averaged annual mean, the
proposed Appendix N differentiated, in
language and formulae, between a
spatial average of more than one site
and a spatial average of only one site.
We are adopting these changes
throughout Appendix N as appropriate
to alleviate confusion caused by the
current ‘‘catch-all’’ generic reference
(i.e., ‘‘spatial average’’ or ‘‘spatially
averaged’’) found throughout the
existing Appendix N.
As proposed, appendix N identifies
the NAAQS metrics and explains data
capture requirements and comparisons
to the standards for the annual PM2.5
standard and the 24-hour standard (in
sections 4.1, and 4.2, respectively); data
rounding conventions (in section 4.3);
and formulas for calculating the annual
and 24-hour metrics (in sections 4.4 and
4.5, respectively). A significant
comment related to the 98th percentile
formula and an associated bias for
periodic sampling is discussed above in
section II.E.1.
With regard to the annual PM2.5
standard, EPA proposed to retain
current data capture requirements with
two exceptions. The current appendix N
had reduced data capture requirements
for years that exceeded the level of the
annual NAAQS; specifically, a
minimum of 11 valid samples per
quarter as opposed to a more stringent
75 percent (of scheduled samples) was
considered sufficient in those instances
where the annual mean exceeded the
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NAAQS level. See existing Part 50 App.
N 2.1 (b). The EPA proposed to also
allow 11 or more samples per quarter as
an acceptable minimum if the
calculated annual standard design value
exceeds the level of the standard. The
intent of this change was to prevent a
site with a violating design value that is
made up of one (or more) annual means
under the level of the NAAQS from not
being used for regulatory purposes just
because one (or more) of the quarters of
the year(s) under the NAAQS level has
less than 75% data capture. One
commenter voiced a general concern
over the lack of uniformity in
completeness criteria but the other
commenters supported the change.
Taking these comments into
consideration, EPA is revising appendix
N as proposed with regard to this issue.
A second proposed change in the data
completeness requirements would
incorporate data substitution logic for
situations where the proposed 11
samples per quarter minimum is not
met. Consistent with existing guidance
and practice (implementing current
App. N 2.1 (c)), EPA proposed to
incorporate the following requirement
into appendix N: a quarter with less
than 11 samples would be complete and
valid if, by substituting an historically
low 24-hr value for the missing samples
(up to the 11 minimum), the results
yield an annual mean, spatially
averaged annual mean, and/or annual
standard design value that exceeds the
level of the standard. The EPA proposed
to implement this procedure for making
comparisons to the NAAQS and not to
permanently alter the reported data. The
EPA considered this a very conservative
means of imputing data (and increasing
the opportunities for using monitoring
data that otherwise are valid), but
solicited comment on the proposed
approach. Several comments were
received on this approach and the
majority favored it. However, two
commenters (NESCAUM and a
constituent State) suggested a limit of
one quarter (out of the 12 in a 3-year
period) where the substitutions could be
made. They suggested the limitation
because they were concerned that the
absence of a significant amount of data
is an indication that site operator and/
or equipment problems exist. The EPA
shares this concern but observes that the
method protocol itself guards against
excessive utilization. The more missing
values that are potentially substituted
with the method effectively reduce the
chance of a valid result (i.e., a usable
design value). Taking these comments
into consideration, EPA is revising
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appendix N as proposed with regard to
this issue.
With regard to the 24-hour PM2.5
standard, EPA proposed to revise
appendix N to include a special formula
(Equation 6 in the proposed rule, 71 FR
2702) for computing annual 98th
percentile values when a site operates
on an approved seasonal sampling
schedule. This formula was previously
stated only in guidance documentation
(EPA, 1999) but was utilized, where
appropriate, in official OAQPS design
value calculations. No adverse
comments were received on this
addition.
The proposed revisions to appendix N
also incorporated language explicitly
stating that 98th percentiles (for both
regular and seasonal sampling
schedules) were to be based on the
applicable number of samples rather
than the actual number of samples. The
EPA proposed that both annual 98th
percentile equations (proposed
Equations 5 and 6) would reflect this
approach. The EPA acknowledges that it
made an error in the placement of the
‘‘applicable number of samples’’
references into the denominator of the
special seasonal 98th percentile formula
(Equation 6) and has restored the
equation to its original form. The EPA
notes that the special season formula
already takes into consideration
oversampling in low periods.
Furthermore, because the ‘‘applicable
number of samples’’ was removed from
the seasonal formula, there was no need
to stipulate that ‘‘seasons’’ could not
divide months; that proposed
requirement was only necessary to
accommodate the calculation of
‘‘applicable number.’’
The EPA solicited comment on the
‘‘applicable number of samples’’
concept and calculation and received
several comments on the concept. One
commenter endorsed it without
discussion, one commenter did not
object to it but noted that it was difficult
to program, and another commenter
thought that the concept unnecessarily
complicates matters and favored the use
of ‘‘scheduled number of samples’’
instead. Two commenters said that it
would be an acceptable approach if it
still permitted ‘‘extra’’ sampling at the
end of a month to make up for missed
samples. The EPA notes that it has
never endorsed this ‘‘extra’’ sampling
practice for the 24-hour PM2.5 standard,
so that the commenter’s premise is
incorrect. The EPA agrees with
comments that expressed concerns
about this calculation being too
complicated and, therefore, has
simplified the procedure in a manner
that corresponds to the calculation of
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data capture. The applicable number of
samples for a given year is now defined
as simply the sum of the number of
completed scheduled (‘‘creditable’’)
samples for the year. The new appendix
N defines the new term, ‘‘creditable’’
and describes its use in calculating data
capture rates and ‘‘applicable number.’’
For sites that sample correctly (i.e. don’t
oversample at the end of the month), the
simpler ‘‘applicable number’’ procedure
will produce the same result as the
proposed calculation.
To simplify the regulatory language,
as proposed, EPA is revising appendix
N to eliminate the equation
computational examples. The EPA will
provide extensive computational
examples in forthcoming guidance
documents.
4. Conforming Revisions
As proposed, EPA is revising
terminology and data handling
procedures associated with exceptional
events to conform to rules which EPA
proposed to implement the recent
amendment to CAA section 319 (42
U.S.C. 7619) by section 6013 of the Safe,
Accountable, Flexible Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59).
The EPA proposed rules to address
exceptional events on March 10, 2006
(71 FR 12592). The EPA is replacing the
term currently used in appendix
N.1(b)—uncontrollable or natural
events—with ‘‘exceptional events,’’
corresponding with the term used in the
recent amendment. (Because this
revision makes only a semantic change
to existing appendix N, EPA believes
the change is consistent with section
6013(b)(4) of SAFETEA–LU, which
provided that EPA continue to apply
existing appendix N of part 50 (among
others) until the effective date of rules
implementing the exceptional event
provisions in amended section 319 of
the CAA.)89
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B. Proposed Appendix P—Interpretation
of the National Ambient Air Quality
Standards for PM10–2.5
The EPA proposed to add appendix P
to 40 CFR Part 50 in order to add data
handling procedures for the proposed
24-hour PM10–2.5 standard. Since the
current 24-hour PM10 standard is being
retained and a PM10–2.5 standard is not
being implemented, the proposed new
appendix P (on interpreting the
proposed 24-hour PM10–2.5 standard) is
not being added.
89 EPA will answer all comments raising
substantive issues relating to the natural events
policy when it finalizes the pending exceptional
events proposal.
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C. Amendments to Appendix K—
Interpretation of the National Ambient
Air Quality Standards for PM10
Because the Administrator has
decided to retain the current 24-hour
PM10 standard but to revoke and not
replace the annual PM10 standard, some
changes are required to appendix K to
40 CFR Part 50 on interpreting the
primary and secondary NAAQS for
PM10. The modifications principally
entailed simply removing the obsolete
annual standard related sections.
However some typographical
corrections were also made to some of
the remaining sections related to the 24hour standard; a spelling error was
corrected and certain equal signs (=)
were changed to plus signs (+) in the
illustrative examples found in section 3
of the appendix in order to correct
obvious mistakes in arithmetic. For
readers’ convenience, EPA is reprinting
the entire Appendix K in the rule
section of this notice, but is not
reopening or reconsidering any parts of
the Appendix except those discussed
above.
VI. Reference Methods for the
Determination of Particulate Matter as
PM10–2.5 and PM2.5
A. Appendix O to Part 50—Reference
Method for Determination of Coarse
Particulate Matter as PM10–2.5 in the
Atmosphere
The EPA proposed a new reference
method (FRM) for measuring mass
concentrations of coarse particles
(PM10–2.5) in ambient air as a new
Appendix O to 40 CFR part 50.71 FR
2703. Although this method can fulfill
a variety of PM monitoring objectives,
its primary purpose is to serve as the
standard of comparison for determining
the adequacy of alternative ‘‘equivalent’’
methods for use in lieu of the FRM. Id.
at 2687–88. In conjunction with
additional analysis, this method may be
used to develop speciated data. The
EPA expects to designate such
alternative methods as equivalent
methods (FEMs) under revised
provisions of 40 CFR part 53, published
elsewhere in today’s Federal Register.
The EPA is finalizing the FRM for
PM10–2.5, even though a NAAQS for
PM10–2.5 is not being adopted. An
official FRM will be an important
element in facilitating consistent
research on PM10–2.5 air quality and
health effects and in promoting the
commercial development of FEMs. In a
separate final rule amending 40 CFR
part 58 elsewhere in today’s Federal
Register, the EPA is promulgating a
requirement that States deploy about 60
FRM or FEM PM10–2.5 monitors as part
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of a new National Core (NCore) multipollutant monitoring stations. The EPA
also plans to negotiate with some States
for additional NCore stations which
would include PM10–2.5 monitors.
The PM10–2.5 reference method is a
difference method based on separate,
concurrent measurements of PM10 and
PM2.5, with the PM10–2.5 measurement
being the result of subtraction of the
PM2.5 measurement from the
corresponding PM10 measurement. The
24-hour integrated measurements are
based on conventional, low-volume
filter samples of particulate matter
analyzed gravimetrically after a period
of moisture and temperature
equilibration. Although the component
PM10 and PM2.5 filter samples can be
subsequently analyzed chemically, no
actual, physically separated PM10–2.5
sample is produced by the method for
chemical species analysis. The EPA
anticipates that one or more alternative
methods that do provide PM10–2.5
samples that are completely or nearly
completely separated physically for
species analysis (such as the
dichotomous sampler method) will
become available as an FEM.
The substantial advantages of the
method and the rationale for its
selection as the FRM for PM10–2.5 are
discussed in the proposal (71 FR 2687).
In that discussion, EPA acknowledges
that the method does not provide a
direct measurement of PM10–2.5, has
some significant shortcomings, and
likely will not ideally meet all needs for
monitoring PM10–2.5 in the ambient air.
The EPA indicated that although the
method is readily usable in routine
monitoring networks, it is clearly less
than optimally suited for such use.
Instead, EPA expects that alternative
FEMs that typically offer some
substantial advantage or advantages
over the FRM will become the principle
methods deployed for routine
monitoring. Further, EPA anticipates
that self-contained, automated FEMs
will become available to provide near
real-time, hourly monitoring data
availability and ease the monitoring
burdens of monitoring agencies.
Although the FRM will likely be used
initially in monitoring applications
because of its conventional nature and
similarity to the widely used PM2.5
FRM, ultimately its principle purpose
will be as the standard of reference for
determining the adequacy of alternative,
candidate FEMs and for assessing the
quality of PM10–2.5 monitoring data
obtained in monitoring networks,
particularly networks using alternative
FEMs. The FRM may thus be used on
a voluntary basis by states wishing to
deploy PM10–2.5 monitors prior to the
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January 1, 2011 deadline for operation
of PM10–2.5 monitors at NCore multipollutant sites (a requirement of the
final rule amending 40 CFR part 58,
elsewhere in today’s Federal Register),
although many of the required monitors
operating at NCore sites in 2011 and
beyond may be FEMs.
After considering alternative
methodologies and weighing the various
pros and cons of other methods, as also
discussed in the proposal preamble, the
EPA concluded that the proposed
method is the best method currently
available to serve these purposes, while
also being readily usable for many
initial monitoring applications. The
Ambient Air Monitoring and Methods
Subcommittee of the Clean Air
Scientific Advisory Committee (CASAC)
concurs with this assessment and
approach, recommending that EPA
adopt the difference method as the
FRM, but that it ultimately be used
primarily as a benchmark for evaluating
the performance of continuous as well
as other direct-measuring filter-based
integrated methods (Henderson, 2005c).
Of the relatively few comments
received on the proposed FRM, most
raised concern about some of the same
shortcomings of the method that had
already been considered by EPA in
selecting the method (and by the
CASAC in concurring with EPA’s
approach). No comments presented any
issues that resulted in any changes to
the method. Thus, the FRM is being
promulgated today (in Appendix O),
with the only change being deletion of
the reference to national ambient air
quality standards in section 1.1 of the
method, since the EPA is not using
PM10–2.5 as the indicator in the NAAQS
addressing thoracic coarse particles.
One comment raised concern about
the relationship of the new PM10–2.5
FRM to the requirements of Section
6012 of the SAFETEA–LU, under which
the EPA is to ‘‘develop a Federal
reference method to measure directly
particles that are larger than 2.5
micrometers in diameter without
reliance on subtracting from coarse
particle measurements those particles
that are equal to or smaller than 2.5
micrometers in diameter.’’ As discussed
in the proposal preamble at 71 FR 2690,
EPA believes that this FRM does not
conflict with either the specific
language or intent of the SAFETEA–LU
Act. The new FRM, together with the
additions to part 53 (published
elsewhere in this Federal Register) that
will allow designation of FEMs for
monitoring PM10–2.5, will provide a
strong incentive to stimulate the further
commercial development and
refinement of new or existing methods
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for PM10–2.5, most of which will not rely
on subtraction of fine mode particle
measurements from coarse mode
particle measurements. Further, EPA is
actively investigating the possibility that
a dichotomous-based method might
ultimately provide a more direct means
of measuring the coarse fraction of
PM10. Within the time frame prescribed
by the SAFETEA–LU, it appears very
likely that at least one such method will
be shown to achieve an adequate level
of performance and may therefore be
identified and utilized as a ‘‘reference
method’’. The terms of the SAFETEA–
LU Act do not require that the Agency
promulgate a non-difference method as
either the sole FRM or as an alternative
FRM as specifically defined in part 53.
Until such a new, more direct method
is demonstrated to be suitable and
adequate and becomes commercially
available, the difference-based FRM of
Appendix O provides a reliable, proven
measurement method which can be
successfully implemented immediately.
The CASAC agreed that none of the
direct sampling methods is presently
sufficiently reliable for use as an FRM,
Henderson, 2005c, but that suitable
direct measurement methods could be
developed quickly enough to become
approved as equivalent methods in a
planned monitoring network.
The salient technical aspects of the
FRM are provided in the proposal
preamble (71 FR 2690). The dual
samplers specified in the FRM are
essentially identical to the sampler
specified in the PM2.5 FRM (40 CFR part
50, appendix L) except for removal of
the PM2.5 WINS impactor particle
separator from the sampler used for
PM10. Operational procedures and most
other aspects are also similar or
identical to those for the PM2.5 FRM.
One notable condition is that the PM10
sampler of the PM10–2.5 FRM must meet
the higher standards of performance and
manufacture of appendix L rather than
the somewhat lesser requirements for
conventional PM10 samplers in 40 CFR
part 50, appendix J. Thus, conventional
PM10 FRM samplers will not be
acceptable for use as part of a PM10–2.5
FRM sampler pair. But both the PM10
and PM2.5 component measurements
obtained incidental to PM10–2.5
measurements would be valid as PM10
or PM2.5 measurements under the
monitoring requirements of 40 CFR part
58, provided they are sited at the
appropriate spatial scale. However,
since such PM10 samplers meet higher
standards of performance than
conventional PM10 samplers, the
measurements need to be differentiated
from conventional PM10 measurements
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61213
(e.g. by a descriptor such as PM10c).
Also, conventional PM10 measurements
are reported based on standard
temperature and pressure, whereas
PM10c measurements are reported based
on actual local conditions of
temperature and pressure.
The EPA designation of specific,
commercial candidate PM10–2.5 FRM
samplers will be based on an
application and on consideration in
accordance with new or revised
provisions of 40 CFR part 53, published
elsewhere in this Federal Register.
Since PM2.5 FRM samplers have been in
use for several years and are readily
available, EPA designation of PM10–2.5
FRM sampler models based on one or
more currently available PM2.5 sampler
models is expected to occur soon after
promulgation. The two samplers of the
PM10–2.5 FRM sampler pair would be
required to be of the same make and
model and matched design and
fabrication so that they are essentially
identical (except that one would not
have a PM2.5 particle separator). The
samplers may be of either single-filter or
multiple-filter (sequential-sample)
design, as long as both are of the same
type, design, and configuration. For a
commercial sampler that has already
been designated as a PM2.5 FRM, no
further testing under part 53 would be
required for designation as a PM10–2.5
FRM, although the sampler
manufacturer would have to submit a
formal, brief application under part 53.
Users may assemble their own PM10–2.5
sampler pair using existing PM2.5
samplers of matched model or design by
converting one of the samplers to a
PM10c sampler, provided that the
specific sampler pair has been
previously designated by the EPA as a
PM10–2.5 FRM under part 53.
A PM2.5 sampler pair consisting of
samplers that are slightly dissimilar or
have some minor design or model
variations (and one sampler is
configured as a PM10c sampler) may be
considered for designation by EPA as a
Class I FEM under revised part 53. An
application for an FEM determination
would need to be submitted under part
53, and some supplemental or special
tests may be required. Also, a pairing of
slightly dissimilar samplers that has not
been designated by EPA as an FRM or
Class I FEM may be considered for
approved use in PM10–2.5 monitoring
networks as a user-modification of an
FRM under section 2.8 of appendix C to
40 CFR part 58.
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B. Amendments to Appendix L—
Reference Method for the Determination
of Fine Particulate Matter (as PM2.5) in
the Atmosphere
In connection with the proposal of a
new FRM for PM10–2.5, the EPA also
proposed (71 FR 2691) minor technical
changes to the FRM for PM2.5 (40 CFR
Part 50, appendix L). EPA is adopting
these changes as proposed. These
changes are to provide improvements in
the efficiency of the method in
monitoring network operations without
altering the method’s performance.
The most significant change is the
addition of an alternative PM2.5 particle
size separator, specifically, a very sharp
cut cyclone (VSCCTM) manufactured by
BGI Incorporated, Waltham, MA. FRM
samplers now may be configured with
either the original WINS impactor or the
alternative cyclone separator, and
existing FRM samplers may be
retrofitted by users with the cyclone, if
desired. Sampler users wishing to
retrofit their samplers should contact
the sampler manufacturer to obtain the
correct BGI VSCCTM model along with
the associated installation, operation,
and maintenance instructions specific to
the sampler model, and a new
designated method label to be attached
to the sampler. The seven sampler
models configured with the BGI
VSCCTM that have been designated as
FEMs will be re-designated as reference
methods, and owners of such sampler
should contact the sampler
manufacturer to receive a new reference
method label for the sampler.
Another change is substitution of an
improved type of impactor oil for the
original PM2.5 WINS particle size
separator to correct an occasional coldweather performance issue with the
originally specified oil. Finally, minor
increases in the time limits for sample
retrieval and sample weighing were
proposed, as were minor reductions in
the sampler data output reporting
requirements. Justifications for these
changes are discussed in the proposal
preamble. Of the very few comments
received in connection with these
proposed changes, all were supportive.
Accordingly, the changes are adopted as
proposed.
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VII. Issues Related to Implementation
of PM10 Standards
Issues related to implementation of
the NAAQS are not relevant to the
Administrator’s decisions regarding
whether it is appropriate to set or revise
a standard. For this reason, EPA has not
addressed implementation-related
issues in preceding sections, nor has it
addressed public comments regarding
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implementation. The EPA identified
issues regarding transition to or
implementation of the standards
promulgated in this rule in an advance
notice of proposed rulemaking (ANPR)
on Transition to New or Revised
Particulate Matter National Ambient Air
Quality Standards (71 FR 6718–6729,
February 9, 2006). In the ANPR, EPA
solicited comment on a wide range of
issues related to both the fine and coarse
particle NAAQS, including the
schedules for implementation of these
standards and the requirements that
would be applicable if any PM NAAQS
were revoked. The public comment
period for the ANPR ended on July 10,
2006. The EPA is currently reviewing
the public comments received. In the
near future, EPA intends to address, as
necessary, issues such as designations,
conformity, and new source review,
related to implementation of today’s
final rule. In this section, EPA
highlights a few issues that may arise as
an immediate consequence of today’s
final decision to retain the 24-hour PM10
standards but revoke the annual PM10
standards, and restates existing policies
and practices to address several
concerns raised by commenters.
A. Summary of Comments Received on
Transition
Many commenters, particularly State
and local air pollution control agencies
and Tribes, but also environmental and
public health groups, voiced strong
concerns about EPA’s proposal to
revoke current annual PM10 standards
everywhere upon promulgation of this
final rule, and to revoke, upon
finalization of a primary 24-hour
standard for PM10–2.5, the current 24hour PM10 standard everywhere except
in 15 large urbanized areas (with
population greater than 100,000) that
have at least one monitor violating the
24-hour PM10 standard based on the
most recent three years of air quality
data. For these few areas, EPA proposed
to retain the 24-hour PM10 standard
until designations were completed
under a final 24-hour PM10–2.5 standard.
While a few local government
commenters recommended that one or
another of the 15 areas be dropped from
this list—i.e., recommended that the 24hour PM10 standard should be retained
in fewer locations—most commenters
expressing views on transition
suggested that EPA was being too hasty
in dismantling existing PM10
protections. Pointing to long delays in
the implementation timeline for the
1997 PM2.5 standards due to litigation,
such that designations were not
completed for eight years after
promulgation of the final rule, these
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commenters suggested that the 24-hour
PM10 standard should remain in place
everywhere until designations were
complete under the 24-hour PM10–2.5
standard, or even until PM10–2.5 SIPs had
been submitted by States. Some Tribal,
State and local commenters suggested
that the PM10 standard should be
retained permanently in all areas where
the PM10–2.5 standard did not apply by
virtue of the monitoring requirements,
which limited NAAQS comparable
monitors to sites that met the five-point
site suitability test outlined in the
monitoring rule. Other commenters
maintained that EPA has no authority to
revoke the PM10 standards or the
specific pollution controls mandated in
Title I Subpart 4 for PM10 nonattainment
areas.90
The EPA notes that the
Administrator’s decision to retain the
current 24-hour PM10 standard
alleviates these concerns. Because the
24-hour PM10 standard is generally
controlling, as described above in
section III.D.2, retention of this standard
ensures the continuation of existing
public health protections. The EPA
further believes that it has the legal
authority to revoke the annual PM10
standard, and addresses this issue in
detail in the Response to Comments
document.
B. Impact of Decision on PM10
Designations
The EPA notes that because it is
retaining the current 24-hour PM10
standards, new nonattainment
designations for PM10 will not be
required under the provisions of the
Clean Air Act. As established in Section
107(d)(1) of the Act, the only time EPA
is obligated to designate areas as
attainment or nonattainment is after it
promulgates or revises a NAAQS. Under
an existing standard, all redesignations
are at the Administrator’s discretion:
EPA has no legal obligation to
redesignate an area even if a monitor
should register a violation of that
standard (see CAA Section 107(d)(3)).
Thus, this final decision does not affect
existing PM10 nonattainment
designations. This is consistent with
past practice. For example, when EPA
decided not to revise the ozone
standards in 1993 or the SO2 standards
in 1996, it did not revisit prior
designations or designate any new areas
as nonattainment. The EPA does regard
air quality violations seriously, and does
expect States to take actions to reduce
90 These comments and EPA’s responses to the
issues raised by commenters are discussed in
greater detail in the Response to Comments
document.
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air quality to healthy levels in any areas
that are experiencing violations.
However, EPA recognizes that there are
other ways to address such violations
besides redesignating an area as
nonattainment. For example, EPA can
work directly with a State and nearby
industries to take appropriate actions to
reduce emissions that are contributing
to the violation. The EPA has worked in
this way with States in the past. Of
course, States may request redesignation
of an area, either from nonattainment to
attainment, or from attainment to
nonattainment, based on the most recent
air quality data available, if they choose
to do so. In addition, both transportation
and general conformity will continue to
apply to all PM10 nonattainment and
maintenance areas since no designations
are changing. However, because EPA is
revoking the annual PM10 standard in
this final rule, after the effective date of
this rule conformity determinations in
PM10 areas will only be required for the
24-hour PM10 standard; conformity to
the annual PM10 standard will no longer
be required. The EPA will address
specific conformity issues related to the
revocation of the annual PM10 standard
either in future guidance or in another
public document. The EPA also notes
that PSD increments and baseline years
will not be affected by this decision.
The EPA is retaining the current 24hour PM10 standards and revoking the
annual PM10 standards. Today’s rule
does not change any existing guidance
related to the PM10 NAAQS as it applies
to the 24-hour PM10 standards, and to
the extent that modifications to the
existing guidance are needed in
response to today’s action, EPA will
make such modifications in the near
future.
As described in the revisions to Part
53/58 appearing elsewhere in today’s
Federal Register, EPA believes a
reduction in the size of the existing
monitoring networks for certain
pollutants, including PM10, for which
the large majority of monitors record no
NAAQS violations, is appropriate as a
way to free up resources for higher
priority monitoring objectives. The
current minimum PM10 network
requirements are based on the
population of a metropolitan statistical
area (MSA) and its historical PM10 air
quality. This focus on larger urban areas
is consistent with EPA’s belief that it is
appropriate to target an indicator for
thoracic coarse particles toward urban
and industrial areas, where the ambient
mix of thoracic coarse particles is
dominated by emissions from particular
types of sources. See sections III.C.2 and
III.C.3 above. To the extent that States
and Tribes are considering reducing the
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total number of PM10 monitors
deployed, EPA believes, consistent with
the basis for retaining the 24-hour PM10
standard, that priority should be given
to maintaining monitors sited in urban
and industrial areas.
In addition, if States and Tribes are
considering deploying new PM10
monitors, EPA recommends, again
consistent with the basis for retaining
the 24-hour PM10 standard, that those
monitors be placed in areas where there
are urban and/or industrial sources of
thoracic coarse particles. Furthermore,
consistent with the monitors used in
studies that informed the
Administrator’s decision on the level of
the standard (see section III.D above),
EPA recommends that any new PM10
monitors be placed in locations that are
reflective of community exposures at
middle and neighborhood scales of
representation, and not in sourceoriented hotspots.
As summarized briefly above in
section III.E and described in detail in
section V.E.1 of the monitoring rule
published elsewhere in today’s Federal
Register, EPA is also establishing
requirements for a new multi-pollutant
monitoring network that will include
approximately 75 PM10–2.5 monitors that
will speciate according to the
composition as well as size of the
particles. These speciated PM10–2.5
monitors are a critical part of EPA’s
research program on coarse particles,
and will be sited in both urban and rural
locations. It is EPA’s expectation that
these monitors will help alleviate the
current deficit of information regarding
the public health impacts of PM10–2.5
mixes in different locations.91
C. Impact of Decision on State
Implementation Plans (SIPs) and
Control Obligations
The EPA’s decision today to retain the
PM10 NAAQS does not establish new
legal obligations beyond those that
already exist. Specifically, this final rule
does not obligate States to revise SIPs or
91 In addition, EPA notes that the Agency’s
National Center for Environmental Research
recently issued a Request for Proposals on
‘‘Sources, Composition, and Health Effects of
Coarse Particulate Matter’’ which is designed to (1)
improve understanding of the type and severity of
health outcomes associated with exposure to
PM10–2.5; (2) improve understanding of
subpopulations that may be especially sensitive to
PM10–2.5 exposures including minority populations,
highly exposed groups, and other susceptible
groups; (3) characterize and compare the influence
of mass, composition, source characteristics and
exposure estimates in different locations and
differences in health outcomes, including
comparisons in rural and urban areas; and (4)
characterize the composition and variability of
PM10–2.5 in towns, cities or metropolitan areas,
including comparisons of rural and urban areas.
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to create new obligations to control
particular sources. In response to
comments regarding potential impacts
of any coarse particle standard on
agricultural and mining sources, EPA
notes that the NAAQS do not create
emissions control obligations for
individual sources or groups of sources.
In this particular case, even if an
individual source were shown to
contribute to an exceedance of the 24hour PM10 standard, this would not
necessarily result in regulation of that
source. Decisions about which sources
to control are generally made by the
State in the context of developing or
revising SIPs. Given that the available
evidence regarding adverse health
effects associated with exposure to
thoracic coarse particles is strongest
with respect to urban and industrial
ambient mixes of those particles, EPA
encourages States to focus control
programs on urban and industrial
sources to the extent that those sources
are contributing to air quality violations.
This would help to ensure that
resources expended on implementing
the 24-hour PM10 standard realize the
maximum public health and welfare
benefits.
With regard to emissions of thoracic
coarse particles from agricultural
sources, EPA recognizes that the United
States Department of Agriculture
(USDA) has been working with the
agricultural community to develop
conservation systems and activities to
control coarse particle emissions. Based
on current ambient monitoring
information, these USDA-approved
conservation systems and activities have
proven to be effective in controlling
these emissions in areas where coarse
particles emitted from agricultural
activities have been identified as a
contributor to violation of the NAAQS.
The EPA concludes that where USDAapproved conservation systems and
activities have been implemented, these
systems and activities have satisfied the
Agency’s reasonably available control
measure and best available control
measure requirements. The EPA
believes that in the future, when
properly implemented, USDA-approved
conservation systems and activities
should satisfy the requirements for
reasonably available control measures or
best available control measures. The
EPA will work with States to identify
appropriate measures to meet their
RACM or BACM requirements,
including site-specific conservation
systems and activities. The EPA will
continue to work with USDA to
prioritize the development of new
conservation systems and activities;
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demonstrate and improve, where
necessary, the control efficiencies of
existing conservation systems and
activities; and ensure that appropriate
criteria are used for identifying the most
effective application of conservation
systems and activities.
The EPA does not construe the Clean
Air Act (CAA) to require that the
Agency make an independent
determination as to whether a PSD
increment is violated in any specific
State or Tribal reservation. The EPA has
the discretion to inquire into these
matters and call for revisions to a State’s
SIP if an EPA investigation concluded
with EPA finding that the PSD
increment is being exceeded. The EPA’s
regulations at 40 CFR 51.166(a)(3)
directs a state to make revisions to its
SIP if EPA or a State finds such an
exceedance. However, this regulation
does not require that EPA conduct its
own investigation and make such a
finding in all cases where a State has
completed a periodic review and
submitted its findings to EPA. Oversight
of this nature is a matter within EPA’s
discretion. Likewise, section 110(k)(5) of
the Clean Air Act does not require that
EPA periodically investigate and
determine whether a SIP is sufficient to
protect the PSD increments. The EPA
has the discretion to decide when it is
appropriate to exercise its oversight
authority and inquire into these issues
in a specific State or Tribal reservation.
When EPA exercises this discretion and
finds an exceedance of the increments
or another SIP deficiency, EPA is then
required to issue a SIP call under
section 110(k)(5) of the CAA. However,
the CAA affords EPA discretion on
whether to make a determination that a
state SIP is deficient. See, New York
Public Interest Research Group v.
Whitman, 321 F.3d 316, 331 (2d Cir.
2003) (considering analogous provision
of the CAA addressing EPA oversight of
state Title V operating permit programs).
D. Consideration of Fugitive Emissions
for New Source Review (NSR) Purposes
Under the current NSR regulations,
for purposes of determining whether a
stationary source qualifies as a major
stationary source, that source must
include fugitive emissions in calculating
the total amount of a pollutant directly
emitted, or the potential to emit that
pollutant, only if the source is
associated with a source category listed
by the Administrator pursuant to notice
and comment rulemaking in accordance
with Section 302(j) of the Clean Air Act
(CAA). Agricultural and mining sources
are generally not among those listed by
the Administrator. Therefore, fugitive
emissions from sources in these
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categories are generally not included in
making major source determinations.
However, the current NSR regulations
require that once any source qualifies as
a major stationary source, that source
must count all fugitive emissions
toward determining whether an
emissions increase results in a major
modification of that source regardless of
whether the source is associated with a
source category listed by the
Administrator. On July 11, 2003, we
received a petition for reconsideration
of the current NSR regulations relating
to whether fugitive emissions must be
counted for purposes of determining
whether a major modification occurs. In
January 2004, we agreed to reconsider
this issue, and we expect to propose
changes to the existing regulations in
the near future.
E. Handling of PM10 Exceedances Due to
Exceptional Events
The EPA recognizes that PM10
exceedances may be caused, in whole or
in part, by exceptional events, including
natural events such as windstorms. In
some of these instances, the PM10
exceedance(s) may also be associated
with anthropogenic emissions that
contribute to total PM10 concentrations.
Under EPA’s March 2006 Proposed Rule
on the Treatment of Data Influenced by
Exceptional Events (71 FR 12592–
12610), and consistent with historical
practice, an exceedance may be treated
as an exceptional event even though
anthropogenic sources such as
agriculture and mining emissions
contribute to the exceedance. (EPA’s
Exceptional Events Rule will be
finalized in March 2007 and will
discuss this issue in more detail.)
VIII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under section 3(f)(1) of Executive
Order (EO) 12866 (58 FR 51735, October
4, 1993), this action is an ‘‘economically
significant regulatory action’’ because it
is likely to have an annual effect on the
economy of $100 million or more.
Accordingly, EPA submitted this action
to the Office of Management and Budget
(OMB) for review under EO 12866 and
any changes made in response to OMB
recommendations have been
documented in the docket for this action
(Docket ID No. EPA–HQ–OAR–2001–
0017).
In addition, EPA prepared a
regulatory impact analysis (RIA) of the
potential costs and benefits associated
with this action, entitled ‘‘Regulatory
Impact Analysis for Particulate Matter
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National Ambient Air Quality
Standards’’ (September 2006). The RIA
estimates the nationwide costs and
monetized human health and welfare
benefits of attaining two alternatives to
the current suite of PM2.5 NAAQS (15
µg/m3 annual, 65 µg/m3 daily).
Specifically, the RIA compares the
current standards to the proposed
alternative of 15 µg/m3 annual, 35 µg/m3
daily and a tighter alternative of 14 µg/
m3 annual, 35 µg/m3 daily. The RIA
contains illustrative analyses that
consider a limited number of emissions
control scenarios that States and
Regional Planning Organizations might
implement to achieve the 1997 PM2.5
NAAQS and these alternative PM2.5
NAAQS. It calculates the incremental
costs that might be incurred between the
base year of 2015, which is the year by
which States must all be in attainment
with the 1997 PM2.5 standards (15 µg/m3
annual, 65 µg/m3 daily), and 2020,
which is the final date by which States
would implement controls to attain the
revised PM2.5 standards.
As discussed above in section I.B, the
Clean Air Act and judicial decisions
make clear that the economic and
technical feasibility of attaining ambient
standards are not to be considered in
setting or revising NAAQS, although
such factors may be considered in the
development of State plans to
implement the standards. Accordingly,
although an RIA has been prepared, the
results of the RIA have not been
considered in issuing this final rule.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. There are no
information collection requirements
directly associated with revisions to a
NAAQS under section 109 of the CAA.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
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An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
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C. Regulatory Flexibility Act
The EPA has determined that it is not
necessary to prepare a regulatory
flexibility analysis in connection with
this final rule. For purposes of assessing
the impacts of today’s rule on small
entities, small entity is defined as: (1) A
small business that is a small industrial
entity as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s final rule on small
entities, EPA has concluded that this
action will not have a significant
economic impact on a substantial
number of small entities. This rule will
not impose any requirements on small
entities. Rather, this rule establishes
national standards for allowable
concentrations of particulate matter in
ambient air as required by section 109
of the CAA. See also ATA I at 1044–45
(NAAQS do not have significant
impacts upon small entities because
NAAQS themselves impose no
regulations upon small entities).
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and Tribal governments, in the
aggregate, or to the private sector, of
$100 million or more in any 1 year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
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205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including Tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
Today’s final rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or Tribal governments or
the private sector. The rule imposes no
new expenditure or enforceable duty on
any State, local or Tribal governments or
the private sector, and EPA has
determined that this rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments. Furthermore, as indicated
previously, in setting a NAAQS EPA
cannot consider the economic or
technological feasibility of attaining
ambient air quality standards, although
such factors may be considered to a
degree in the development of State
plans to implement the standards. See
also ATA I at 1043 (noting that because
EPA is precluded from considering costs
of implementation in establishing
NAAQS, preparation of a Regulatory
Impact Analysis pursuant to the
Unfunded Mandates Reform Act would
not furnish any information which the
court could consider in reviewing the
NAAQS). Accordingly, EPA has
determined that the provisions of
sections 202, 203, and 205 of the UMRA
do not apply to this final decision. The
EPA acknowledges, however, that any
corresponding revisions to associated
SIP requirements and air quality
surveillance requirements, 40 CFR part
51 and 40 CFR part 58, respectively,
might result in such effects.
Accordingly, EPA has addressed
unfunded mandates in the notice that
announces the revisions to 40 CFR part
58, and will, as appropriate, address
unfunded mandates when it proposes
any revisions to 40 CFR part 51.
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E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
At the time of proposal, EPA
concluded that the proposed rule would
not have federalism implications. The
EPA stated that the proposed rule would
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. However, EPA
recognized that States would have a
substantial interest in this rule and any
corresponding revisions to associated
SIP requirements and air quality
surveillance requirements, 40 CFR part
51 and 40 CFR part 58, respectively.
Therefore, in the spirit of Executive
Order 13132, and consistent with EPA
policy to promote communications
between EPA and State and local
governments, EPA specifically solicited
comment on the rule from State and
local officials at the time of proposal.
One commenter who opposed EPA’s
proposed decision on the standards for
thoracic coarse particles stated that the
decision violated E.O. 13132. The
commenter argued that EPA’s proposal
to replace the PM10 standards with a
new 24-hour PM10–2.5 standard based on
a qualified indicator would
substantially impact CAA section 107
which establishes that the States have
primary responsibility for
implementation of the NAAQS.
Specifically, the commenter stated that
the proposed rule language establishing
that ‘‘agricultural sources, mining
sources, and other similar sources of
crustal material shall not be subject to
control in meeting this standard’’ was a
clear infringement upon States’
authority with regard to implementation
of the NAAQS. The EPA notes that in
light of the final decision to retain the
PM10 indicator, and the 24-hour PM10
NAAQS, the concern voiced by this
commenter is no longer relevant. The
final rule does not exclude any sources
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from control under the 24-hour PM10
standard.
Therefore, EPA concludes that this
final rule does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The rule does
not alter the relationship between the
Federal government and the States
regarding the establishment and
implementation of air quality
improvement programs as codified in
the CAA. Under section 109 of the CAA,
EPA is mandated to establish NAAQS;
however, CAA section 116 preserves the
rights of States to establish more
stringent requirements if deemed
necessary by a State. Furthermore, this
rule does not impact CAA section 107
which establishes that the States have
primary responsibility for
implementation of the NAAQS. Finally,
as noted above in section E on UMRA,
this rule does not impose significant
costs on State, local, or Tribal
governments or the private sector. Thus,
Executive Order 13132 does not apply
to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule concerns the
establishment of PM NAAQS. The
Tribal Authority Rule gives Tribes the
opportunity to develop and implement
CAA programs such as the PM NAAQS,
but it leaves to the discretion of the
Tribe whether to develop these
programs and which programs, or
appropriate elements of a program, they
will adopt.
Although EPA determined at the time
of proposal that Executive Order 13175
did not apply to this rule, EPA
contacted tribal environmental
professionals during the development of
this rule. The EPA staff participated in
the regularly scheduled Tribal Air call
sponsored by the National Tribal Air
Association during the summer and fall
of 2005 as the proposal was under
development, as well as the call in the
spring of 2006 during the public
comment period on the proposed rule.
The EPA sent individual letters to all
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federally recognized Tribes within the
lower 48 states and Alaska to give Tribal
leaders the opportunity for consultation,
and EPA staff also participated in Tribal
public meetings, such as the National
Tribal Forum meeting in April 2006,
where Tribes discussed their concerns
regarding the proposed rule.
Furthermore, the Administrator
discussed the proposed PM NAAQS
with members of the National Tribal
Caucus and with leaders of individual
Tribes during the spring and summer of
2006, in advance of his final decision.
During the course of these meetings
and in written comments submitted to
the Agency, Tribal commenters
expressed significant concerns about the
implications of the proposed rule for
Tribes. In particular, Tribes strongly
opposed the proposed qualified PM10–2.5
indicator and the proposed monitor sitesuitability requirements, especially the
requirement that monitors used for
comparison with the NAAQS be located
within urbanized areas with a minimum
population of 100,000. Tribal
commenters pointed out that this would
virtually exclude Tribes from applying
the PM10–2.5 standards because very few
Tribal sites would meet this criterion.
Tribes stated that EPA had violated its
Trust Responsibility to Tribes in three
ways. First, the commenters claimed
that EPA had failed to engage in
meaningful consultation with Tribal
leaders regarding the proposed qualified
PM10–2.5 indicator and other aspects of
the proposed rule. Second, commenters
claimed that the proposed 24-hour
PM10–2.5 standard would have serious
adverse impacts on the existing level of
health protection for Tribes. Third,
Tribal commenters objected to the
proposed exclusion of ‘‘agricultural
sources, mining sources, and other
similar sources of crustal material’’ from
the proposed PM10–2.5 indicator; like
States, Tribes felt this provision was
illegal and Tribal commenters argued
this violated Tribal sovereignty. The
EPA notes that its final decision to
retain the current 24-hour PM10
standard, for the reasons noted above in
Section III, without any qualifications or
changes to the monitor siting
requirements, effectively resolves the
concerns raised by these commenters.
EPA has determined that this final
rule does not have Tribal implications,
as specified in Executive Order 13175.
It does not have a substantial direct
effect on one or more Indian Tribes,
since Tribes are not obligated to adopt
or implement any NAAQS. Thus,
Executive Order 13175 does not apply
to this rule.
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G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the rule on children, and explain why
the regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
This rule is subject to Executive Order
13045 because it is an economically
significant regulatory action as defined
by Executive Order 12866, and we
believe that the environmental health
risk addressed by this action may have
a disproportionate effect on children.
The NAAQS constitute uniform,
national standards for PM pollution;
these standards are designed to protect
public health with an adequate margin
of safety, as required by CAA section
109. However, the protection offered by
these standards may be especially
important for children because children,
along with other sensitive population
subgroups such as the elderly and
people with existing heart or lung
disease, are potentially susceptible to
health effects resulting from PM
exposure. Because children are
considered a potentially susceptible
population, we have carefully evaluated
the environmental health effects of
exposure to PM pollution among
children. These effects and the size of
the population affected are summarized
in section 9.2.4 of the Criteria Document
and section 3.5 of the Staff Paper, and
the results of our evaluation of the effect
of PM pollution on children are
discussed in sections II and III of this
preamble.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This rule is not a ‘‘significant energy
action’’ as defined in Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
The purpose of this rule is to establish
NAAQS for PM. The rule does not
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prescribe specific pollution control
strategies by which these ambient
standards will be met. Such strategies
will be developed by States on a caseby-case basis, and EPA cannot predict
whether the control options selected by
States will include regulations on
energy suppliers, distributors, or users.
Thus, EPA concludes that this rule is
not likely to have any adverse energy
effects and does not constitute a
significant energy action as defined in
Executive Order 13211.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104–113,
Section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
The final rule establishes
requirements for environmental
monitoring and measurement.
Specifically, it establishes the FRM for
PM10–2.5 measurement (and slightly
amends the FRM for PM2.5). The FRM is
the benchmark against which all
ambient monitoring methods are
measured. While the FRM is not a
voluntary consensus standard, the
equivalency criteria established in 40
CFR part 53 do allow for the utilization
of voluntary consensus standards if they
meet the specified performance criteria.
To the extent feasible, EPA employs a
Performance-Based Measurement
System (PBMS), which does not require
the use of specific, prescribed analytic
methods. The PBMS is defined as a set
of processes wherein the data quality
needs, mandates or limitations of a
program or project are specified, and
serve as criteria for selecting appropriate
methods to meet those needs in a costeffective manner. It is intended to be
more flexible and cost effective for the
regulated community; it is also intended
to encourage innovation in analytical
technology and improved data quality.
Though the FRM requirements utilize
performance standards for some aspects
of monitor design, multiple performance
standards defined for many
combinations of PM type, concentration,
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and environmental conditions would be
required to be sure that monitors
certified to purely performance-based
standards actually performed similarly
in the field, which would in turn
require extensive testing of each
candidate monitor design. Therefore, it
is not practically possible to fully define
the FRM in performance terms.
Nevertheless, our approach in the past
has resulted in multiple brands of
monitors qualifying as FRM for PM, and
we expect this to continue. Also, the
FRM described in this final rule and the
equivalency criteria contained in the
revisions to 40 CFR part 53 do
constitute performance based criteria for
the instruments that will actually be
deployed for monitoring PM10–2.5.
Therefore, for most of the measurements
that will be made and most of the
measurement systems that make them,
EPA is not precluding the use of any
method, whether it constitutes a
voluntary consensus standard or not, as
long as it meets the specified
performance criteria.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898, ‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations,’’ requires
Federal agencies to consider the impact
of programs, policies, and activities on
minority populations and low-income
populations. According to EPA
guidance, agencies are to assess whether
minority or low-income populations
face a risk or a rate of exposure to
hazards that are significant and that
‘‘appreciably exceeds or is likely to
appreciably exceed the risk or rate to the
general population or to the appropriate
comparison group’’ (EPA, 1998).
In accordance with Executive Order
12898, the Agency has considered
whether these decisions may have
disproportionate negative impacts on
minority or low-income populations.
This rule establishes uniform, national
ambient air quality standards for
particulate matter, and is not expected
to have disproportionate negative
impacts on minority or low income
populations. The EPA notes that some
commenters expressed concerns that
EPA had failed to adequately assess the
environmental justice implications of its
proposed decisions, and that the
proposed revisions to both the fine
particle and coarse particle standards
would violate the principles of
environmental justice. In particular,
numerous commenters criticized the
proposed qualified PM10–2.5 indicator,
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arguing that the exclusive urban focus of
the indicator failed to protect large
segments of the U.S. population
(including Tribes and lower-income
rural populations). The EPA believes
that the final decision to retain the
current nationally applicable 24-hour
PM10 standard adequately addresses the
concerns raised by these commenters, as
discussed above in section III.
Further, some commenters were
concerned that the proposed PM2.5
standards would permit the
continuation of disproportionate
adverse health effects on minority and
low-income populations because those
populations are concentrated in urban
areas where exposures are higher and
are generally more susceptible (given
lack of access to health care and
prevalence of chronic conditions such
as asthma). The EPA believes that the
implications of the newly strengthened
suite of PM2.5 standards will reduce
health risks precisely in the areas
subject to the highest fine particle
concentrations. Furthermore, the PM2.5
NAAQS established in today’s final rule
are nationally uniform standards which
in the Administrator’s judgment protect
public health with an adequate margin
of safety. In making this determination,
the Administrator expressly considered
the available information regarding
health effects among vulnerable and
susceptible populations, such as those
with preexisting conditions. Thus it
remains EPA’s conclusion that this rule
is not expected to have disproportionate
negative impacts on minority or low
income populations.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA submitted a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This rule will be
effective December 18, 2006.
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List of Subjects in 40 CFR Part 50
Environmental protection, Air
pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
Dated: September 21, 2006.
Stephen L. Johnson,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
I
PART 50—NATIONAL PRIMARY AND
SECONDARY AMBIENT AIR QUALITY
STANDARDS
1. The authority citation for part 50
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 50.3 is revised to read as
follows:
I
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§ 50.3
Reference conditions.
All measurements of air quality that
are expressed as mass per unit volume
(e.g., micrograms per cubic meter) other
than for the particulate matter (PM2.5)
standards contained in §§ 50.7 and
50.13 shall be corrected to a reference
temperature of 25 (deg) C and a
reference pressure of 760 millimeters of
mercury (1,013.2 millibars).
Measurements of PM2.5 for purposes of
comparison to the standards contained
in §§ 50.7 and 50.13 shall be reported
based on actual ambient air volume
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measured at the actual ambient
temperature and pressure at the
monitoring site during the measurement
period.
§ 50.6
[Amended]
3. Section 50.6 is amended by
removing and reserving paragraph (b).
I 4. A new § 50.13 is added to read as
follows:
I
§ 50.13 National primary and secondary
ambient air quality standards for PM2.5.
(a) The national primary and
secondary ambient air quality standards
for particulate matter are 15.0
micrograms per cubic meter (µg/m3)
annual arithmetic mean concentration,
and 35 µg/m3 24-hour average
concentration measured in the ambient
air as PM2.5 (particles with an
aerodynamic diameter less than or equal
to a nominal 2.5 micrometers) by either:
(1) A reference method based on
appendix L of this part and designated
in accordance with part 53 of this
chapter; or
(2) An equivalent method designated
in accordance with part 53 of this
chapter.
(b) The annual primary and secondary
PM2.5 standards are met when the
annual arithmetic mean concentration,
as determined in accordance with
appendix N of this part, is less than or
equal to 15.0 µg/m3.
(c) The 24-hour primary and
secondary PM2.5 standards are met when
the 98th percentile 24-hour
concentration, as determined in
accordance with appendix N of this
part, is less than or equal to 35 µg/m3.
I 5. Appendix K to Part 50 is revised to
read as follows:
Appendix K to Part 50—Interpretation of the
National Ambient Air Quality Standards for
Particulate Matter
1.0 General
(a) This appendix explains the
computations necessary for analyzing
particulate matter data to determine
attainment of the 24-hour standards specified
in 40 CFR 50.6. For the primary and
secondary standards, particulate matter is
measured in the ambient air as PM10
(particles with an aerodynamic diameter less
than or equal to a nominal 10 micrometers)
by a reference method based on appendix J
of this part and designated in accordance
with part 53 of this chapter, or by an
equivalent method designated in accordance
with part 53 of this chapter. The required
frequency of measurements is specified in
part 58 of this chapter.
(b) The terms used in this appendix are
defined as follows:
Average refers to the arithmetic mean of
the estimated number of exceedances per
year, as per Section 3.1.
Daily value for PM10 refers to the 24-hour
average concentration of PM10 calculated or
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measured from midnight to midnight (local
time).
Exceedance means a daily value that is
above the level of the 24-hour standard after
rounding to the nearest 10 µg/m3 (i.e., values
ending in 5 or greater are to be rounded up).
Expected annual value is the number
approached when the annual values from an
increasing number of years are averaged, in
the absence of long-term trends in emissions
or meteorological conditions.
Year refers to a calendar year.
(c) Although the discussion in this
appendix focuses on monitored data, the
same principles apply to modeling data,
subject to EPA modeling guidelines.
2.0
Attainment Determinations
2.1 24-Hour Primary and Secondary
Standards
(a) Under 40 CFR 50.6(a) the 24-hour
primary and secondary standards are attained
when the expected number of exceedances
per year at each monitoring site is less than
or equal to one. In the simplest case, the
number of expected exceedances at a site is
determined by recording the number of
exceedances in each calendar year and then
averaging them over the past 3 calendar
years. Situations in which 3 years of data are
not available and possible adjustments for
unusual events or trends are discussed in
sections 2.3 and 2.4 of this appendix.
Further, when data for a year are incomplete,
it is necessary to compute an estimated
number of exceedances for that year by
adjusting the observed number of
exceedances. This procedure, performed by
calendar quarter, is described in section 3.0
of this appendix. The expected number of
exceedances is then estimated by averaging
the individual annual estimates for the past
3 years.
(b) The comparison with the allowable
expected exceedance rate of one per year is
made in terms of a number rounded to the
nearest tenth (fractional values equal to or
greater than 0.05 are to be rounded up; e.g.,
an exceedance rate of 1.05 would be rounded
to 1.1, which is the lowest rate for
nonattainment).
2.2
Reserved
2.3 Data Requirements
(a) 40 CFR 58.12 specifies the required
minimum frequency of sampling for PM10.
For the purposes of making comparisons
with the particulate matter standards, all data
produced by State and Local Air Monitoring
Stations (SLAMS) and other sites submitted
to EPA in accordance with the part 58
requirements must be used, and a minimum
of 75 percent of the scheduled PM10 samples
per quarter are required.
(b) To demonstrate attainment of the 24hour standards at a monitoring site, the
monitor must provide sufficient data to
perform the required calculations of sections
3.0 and 4.0 of this appendix. The amount of
data required varies with the sampling
frequency, data capture rate and the number
of years of record. In all cases, 3 years of
representative monitoring data that meet the
75 percent criterion of the previous
paragraph should be utilized, if available,
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(a) An exceptional event is an
uncontrollable event caused by natural
sources of particulate matter or an event that
is not expected to recur at a given location.
Inclusion of such a value in the computation
of exceedances or averages could result in
inappropriate estimates of their respective
expected annual values. To reduce the effect
of unusual events, more than 3 years of
representative data may be used.
Alternatively, other techniques, such as the
use of statistical models or the use of
historical data could be considered so that
the event may be discounted or weighted
according to the likelihood that it will recur.
The use of such techniques is subject to the
approval of the appropriate Regional
Administrator in accordance with EPA
guidance.
(b) In cases where long-term trends in
emissions and air quality are evident,
mathematical techniques should be applied
to account for the trends to ensure that the
expected annual values are not
inappropriately biased by unrepresentative
data. In the simplest case, if 3 years of data
are available under stable emission
conditions, this data should be used. In the
event of a trend or shift in emission patterns,
either the most recent representative year(s)
could be used or statistical techniques or
models could be used in conjunction with
previous years of data to adjust for trends.
The use of less than 3 years of data, and any
adjustments are subject to the approval of the
appropriate Regional Administrator in
accordance with EPA guidance.
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3.1
Estimating Exceedances for a Year
(a) If PM10 sampling is scheduled less
frequently than every day, or if some
scheduled samples are missed, a PM10 value
will not be available for each day of the year.
To account for the possible effect of
incomplete data, an adjustment must be
made to the data collected at each monitoring
location to estimate the number of
exceedances in a calendar year. In this
adjustment, the assumption is made that the
fraction of missing values that would have
exceeded the standard level is identical to
the fraction of measured values above this
level. This computation is to be made for all
sites that are scheduled to monitor
throughout the entire year and meet the
minimum data requirements of section 2.3 of
this appendix. Because of possible seasonal
imbalance, this adjustment shall be applied
on a quarterly basis. The estimate of the
expected number of exceedances for the
quarter is equal to the observed number of
exceedances plus an increment associated
with the missing data. The following
equation must be used for these
computations:
Equation 1
Nq
eq = vq ×
n
q
Where:
eq = the estimated number of exceedances for
calendar quarter q;
vq = the observed number of exceedances for
calendar quarter q;
Nq = the number of days in calendar quarter
q;
nq = the number of days in calendar quarter
q with PM10 data; and
q = the index for calendar quarter, q = 1, 2,
3 or 4.
(b) The estimated number of exceedances
for a calendar quarter must be rounded to the
nearest hundredth (fractional values equal to
or greater than 0.005 must be rounded up).
(c) The estimated number of exceedances
for the year, e, is the sum of the estimates for
each calendar quarter.
Equation 2
4
e = ∑ eq
q =1
(d) The estimated number of exceedances
for a single year must be rounded to one
decimal place (fractional values equal to or
greater than 0.05 are to be rounded up). The
expected number of exceedances is then
estimated by averaging the individual annual
estimates for the most recent 3 or more
representative years of data. The expected
number of exceedances must be rounded to
one decimal place (fractional values equal to
or greater than 0.05 are to be rounded up).
(e) The adjustment for incomplete data will
not be necessary for monitoring or modeling
data which constitutes a complete record,
i.e., 365 days per year.
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(f) To reduce the potential for
overestimating the number of expected
exceedances, the correction for missing data
will not be required for a calendar quarter in
which the first observed exceedance has
occurred if:
(1) There was only one exceedance in the
calendar quarter;
(2) Everyday sampling is subsequently
initiated and maintained for 4 calendar
quarters in accordance with 40 CFR 58.12;
and
(3) Data capture of 75 percent is achieved
during the required period of everyday
sampling. In addition, if the first exceedance
is observed in a calendar quarter in which
the monitor is already sampling every day,
no adjustment for missing data will be made
to the first exceedance if a 75 percent data
capture rate was achieved in the quarter in
which it was observed.
Example 1
a. During a particular calendar quarter, 39
out of a possible 92 samples were recorded,
with one observed exceedance of the 24-hour
standard. Using Equation 1, the estimated
number of exceedances for the quarter is:
eq = 1 × 92/39 = 2.359 or 2.36.
b. If the estimated exceedances for the
other 3 calendar quarters in the year were
2.30, 0.0 and 0.0, then, using Equation 2, the
estimated number of exceedances for the year
is 2.36 + 2.30 + 0.0 + 0.0 which equals 4.66
or 4.7. If no exceedances were observed for
the 2 previous years, then the expected
number of exceedances is estimated by: (1⁄3)
× (4.7 + 0 + 0) = 1.57 or 1.6. Since 1.6 exceeds
the allowable number of expected
exceedances, this monitoring site would fail
the attainment test.
Example 2
In this example, everyday sampling was
initiated following the first observed
exceedance as required by 40 CFR 58.12.
Accordingly, the first observed exceedance
would not be adjusted for incomplete
sampling. During the next three quarters, 1.2
exceedances were estimated. In this case, the
estimated exceedances for the year would be
1.0 + 1.2 + 0.0 + 0.0 which equals 2.2. If, as
before, no exceedances were observed for the
two previous years, then the estimated
exceedances for the 3-year period would then
be (1⁄3) × (2.2 + 0.0 + 0.0) = 0.7, and the
monitoring site would not fail the attainment
test.
3.2 Adjustments for Non-Scheduled
Sampling Days
(a) If a systematic sampling schedule is
used and sampling is performed on days in
addition to the days specified by the
systematic sampling schedule, e.g., during
episodes of high pollution, then an
adjustment must be made in the equation for
the estimation of exceedances. Such an
adjustment is needed to eliminate the bias in
the estimate of the quarterly and annual
number of exceedances that would occur if
the chance of an exceedance is different for
scheduled than for non-scheduled days, as
would be the case with episode sampling.
(b) The required adjustment treats the
systematic sampling schedule as a stratified
sampling plan. If the period from one
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17OCR2
ER17OC06.001
pwalker on PROD1PC61 with RULES2
2.4 Adjustment for Exceptional Events and
Trends
3.0 Computational Equations for the 24Hour Standards
ER17OC06.000
and would suffice. More than 3 years may be
considered, if all additional representative
years of data meeting the 75 percent criterion
are utilized. Data not meeting these criteria
may also suffice to show attainment;
however, such exceptions will have to be
approved by the appropriate Regional
Administrator in accordance with EPA
guidance.
(c) There are less stringent data
requirements for showing that a monitor has
failed an attainment test and thus has
recorded a violation of the particulate matter
standards. Although it is generally necessary
to meet the minimum 75 percent data capture
requirement per quarter to use the
computational equations described in section
3.0 of this appendix, this criterion does not
apply when less data is sufficient to
unambiguously establish nonattainment. The
following examples illustrate how
nonattainment can be demonstrated when a
site fails to meet the completeness criteria.
Nonattainment of the 24-hour primary
standards can be established by the observed
annual number of exceedances (e.g., four
observed exceedances in a single year), or by
the estimated number of exceedances derived
from the observed number of exceedances
and the required number of scheduled
samples (e.g., two observed exceedances with
every other day sampling). In both cases,
expected annual values must exceed the
levels allowed by the standards.
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
scheduled sample until the day preceding the
next scheduled sample is defined as a
sampling stratum, then there is one stratum
for each scheduled sampling day. An average
number of observed exceedances is
computed for each of these sampling strata.
With nonscheduled sampling days, the
estimated number of exceedances is defined
as:
Equation 3
Nq
eq =
m
q
mq v j
×∑
j= l k
j
Where:
eq = the estimated number of exceedances for
the quarter;
Nq = the number of days in the quarter;
mq = the number of strata with samples
during the quarter;
vj = the number of observed exceedances in
stratum j; and
kj = the number of actual samples in stratum
j.
(c) Note that if only one sample value is
recorded in each stratum, then Equation 3
reduces to Equation 1.
Example 3
A monitoring site samples according to a
systematic sampling schedule of one sample
every 6 days, for a total of 15 scheduled
samples in a quarter out of a total of 92
possible samples. During one 6-day period,
potential episode levels of PM10 were
suspected, so 5 additional samples were
taken. One of the regular scheduled samples
was missed, so a total of 19 samples in 14
sampling strata were measured. The one 6day sampling stratum with 6 samples
recorded 2 exceedances. The remainder of
the quarter with one sample per stratum
recorded zero exceedances. Using Equation 3,
the estimated number of exceedances for the
quarter is:
Eq = (92/14) × (2/6 + 0 +. . .+ 0) = 2.19.
6. Appendix L to part 50 is amended
by:
I a. Revising section 1.1;
I b. Revising the heading of section
7.3.4 and adding introductory text;
I c. Revising paragraph (a) of section
7.3.4.3:
I d. Adding section 7.3.4.4;
I e. Revising Table L–1 in section
7.4.19;
I f. Revising section 8.3.6;
I g. Revising the first sentence in
section 10.10 and revising section 10.13;
and
I h. Revising reference 2 in section 13.0
to read as follows:
I
Appendix L to Part 50—Reference Method
for the Determination of Fine Particulate
Matter as PM2.5 in the Atmosphere
1.0 Applicability.
1.1 This method provides for the
measurement of the mass concentration of
fine particulate matter having an
aerodynamic diameter less than or equal to
a nominal 2.5 micrometers (PM2.5) in ambient
air over a 24-hour period for purposes of
determining whether the primary and
secondary national ambient air quality
standards for fine particulate matter specified
in § 50.7 and § 50.13 of this part are met. The
measurement process is considered to be
nondestructive, and the PM2.5 sample
obtained can be subjected to subsequent
physical or chemical analyses. Quality
assessment procedures are provided in part
58, appendix A of this chapter, and quality
assurance guidance are provided in
references 1, 2, and 3 in section 13.0 of this
appendix.
*
*
*
*
*
7.3.4 Particle size separator. The sampler
shall be configured with either one of the two
alternative particle size separators described
in this section 7.3.4. One separator is an
impactor-type separator (WINS impactor)
described in sections 7.3.4.1, 7.3.4.2, and
7.3.4.3 of this appendix. The alternative
separator is a cyclone-type separator
(VSCCTM) described in section 7.3.4.4 of this
appendix.
*
*
*
*
*
7.3.4.3 * * *
(a) Composition. Dioctyl sebacate (DOS),
single-compound diffusion oil.
*
*
*
*
*
7.3.4.4 The cyclone-type separator is
identified as a BGI VSCCTM Very Sharp Cut
Cyclone particle size separator specified as
part of EPA-designated equivalent method
EQPM–0202–142 (67 FR 15567, April 2,
2002) and as manufactured by BGI
Incorporated, 58 Guinan Street, Waltham,
Massachusetts 20451.
*
*
*
*
*
7.4.19 * * *
TABLE L–1 TO APPENDIX L OF PART 50.—SUMMARY OF INFORMATION TO BE PROVIDED BY THE SAMPLER
Format
Anytime 1
End of
period 2
Visual
display 3
Data
output 4
Digital
reading 5
7.4.5.1 ........
....................
*
XX.X ..........
L/min
7.4.5.2 ........
7.4.5.2 ........
*
*
*
*
XX.X ..........
XX.X ..........
L/min
%
7.4.5.2 ........
7.4.5.2 ........
*
I
On/Off
XX.X ..........
........................
m3
7.4.8 ...........
....................
....................
XX.X ..........
°C
7.4.8 ...........
*
{I
XX.X ..........
°C
7.4.9 ...........
....................
....................
XXX ...........
mm Hg
7.4.9 ...........
7.4.11 .........
*
....................
I
....................
XXX ...........
XX.X ..........
mm Hg
°C
7.4.11 .........
*
I
7.4.11 .........
*
*
*
*
Date and Time .....................................
7.4.12 .........
....................
....................
Sample start and stop time settings ....
7.4.12 .........
Sample period start time ......................
7.4.12 .........
....................
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E:\FR\FM\17OCR2.SGM
17OCR2
On/Off
X.X, YY/
MM/DD
HH.mm.
YY/MM/DD
HH.mm.
YY/MM/DD
HH.mm.
YY/MM/DD
HH.mm.
Units
........................
°C, Yr/Mon/
Day Hrs. min
Yr/Mon/Day
Hrs. min
Yr/Mon/Day
Hrs. min
Yr/Mon/Day
Hrs. min
ER17OC06.002
Flow rate, 30-second maximum interval .....................................................
Flow rate, average for the sample period ....................................................
Flow rate, CV, for sample period .........
Flow rate, 5-min. average out of spec.
(FLAG 6) ............................................
Sample volume, total ...........................
Temperature, ambient, 30-second interval .................................................
Temperature, ambient, min., max., average for the sample period .............
Baro. pressure, ambient, 30-second
interval ..............................................
Baro. pressure, ambient, min., max.,
average for the sample period .........
Filter temperature, 30-second interval
Filter temp. differential, 30-second interval, out of spec. (FLAG 6) ............
Filter temp., maximum differential from
ambient, date, time of occurrence ...
pwalker on PROD1PC61 with RULES2
Availability
Appendix L
section
reference
Information to be provided
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
61227
TABLE L–1 TO APPENDIX L OF PART 50.—SUMMARY OF INFORMATION TO BE PROVIDED BY THE SAMPLER—Continued
Availability
Format
Appendix L
section
reference
Information to be provided
Anytime 1
End of
period 2
Visual
display 3
Data
output 4
Digital
reading 5
HH.mm ......
Elapsed sample time ...........................
Elapsed sample time, out of spec.
(FLAG 6) ............................................
Power interruptions ≤1 min., start time
of first 10 ..........................................
7.4.13 .........
*
7.4.13 .........
....................
I
7.4.15.5 ......
*
*
User-entered information, such as
sampler and site identification ..........
7.4.16 .........
I
On/Off
1HH.mm,
2HH.mm,
etc..
Units
Hrs. min
........................
Hrs. min
As entered.
Provision of this information is required.
* Provision of this information is optional. If information related to the entire sample period is optionally provided prior to the end of the sample
period, the value provided should be the value calculated for the portion of the sampler period completed up to the time the information is provided.
I Indicates that this information is also required to be provided to the Air Quality System (AQS) data bank; see § 58.16 of this chapter. For
ambient temperature and barometric pressure, only the average for the sample period must be reported.
1. Information is required to be available to the operator at any time the sampler is operating, whether sampling or not.
2. Information relates to the entire sampler period and must be provided following the end of the sample period until reset manually by the operator or automatically by the sampler upon the start of a new sample period.
3. Information shall be available to the operator visually.
4. Information is to be available as digital data at the sampler’s data output port specified in section 7.4.16 of this appendix following the end of
the sample period until reset manually by the operator or automatically by the sampler upon the start of a new sample period.
5. Digital readings, both visual and data output, shall have not less than the number of significant digits and resolution specified.
6. Flag warnings may be displayed to the operator by a single flag indicator or each flag may be displayed individually. Only a set (on) flag
warning must be indicated; an off (unset) flag may be indicated by the absence of a flag warning. Sampler users should refer to section 10.12 of
this appendix regarding the validity of samples for which the sampler provided an associated flag warning.
*
*
*
*
*
8.3.6 The post-sampling conditioning and
weighing shall be completed within 240
hours (10 days) after the end of the sample
period, unless the filter sample is maintained
at temperatures below the average ambient
temperature during sampling (or 4 °C or
below for average sampling temperatures less
than 4 °C) during the time between retrieval
from the sampler and the start of the
conditioning, in which case the period shall
not exceed 30 days. Reference 2 in section
13.0 of this appendix has additional guidance
on transport of cooled filters.
*
*
*
*
*
10.10 Within 177 hours (7 days, 9 hours)
of the end of the sample collection period,
the filter, while still contained in the filter
cassette, shall be carefully removed from the
sampler, following the procedure provided in
the sampler operation or instruction manual
and the quality assurance program, and
placed in a protective container. * * *
pwalker on PROD1PC61 with RULES2
*
*
*
*
*
10.13 After retrieval from the sampler,
the exposed filter containing the PM2.5
sample should be transported to the filter
conditioning environment as soon as
possible, ideally to arrive at the conditioning
environment within 24 hours for
conditioning and subsequent weighing.
During the period between filter retrieval
from the sampler and the start of the
conditioning, the filter shall be maintained as
cool as practical and continuously protected
from exposure to temperatures over 25 °C to
protect the integrity of the sample and
minimize loss of volatile components during
transport and storage. See section 8.3.6 of
this appendix regarding time limits for
completing the post-sampling weighing. See
reference 2 in section 13.0 of this appendix
for additional guidance on transporting filter
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06:19 Oct 17, 2006
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samplers to the conditioning and weighing
laboratory.
*
*
*
*
*
13.0
*
*
References
*
*
*
2. Quality Assurance Guidance Document
2.12. Monitoring PM2.5 in Ambient Air Using
Designated Reference or Class I Equivalent
Methods. U.S. EPA, National Exposure
Research Laboratory. Research Triangle Park,
NC, November 1988 or later edition.
Currently available at: https://www.epa.gov/
ttn/amtic/pmqainf.html.
*
*
*
*
*
7. Appendix N to part 50 is revised to
read as follows:
I
Appendix N to Part 50—Interpretation of the
National Ambient Air Quality Standards for
PM2.5
1. General
(a) This appendix explains the data
handling conventions and computations
necessary for determining when the annual
and 24-hour primary and secondary national
ambient air quality standards (NAAQS) for
PM2.5 specified in § 50.7 and § 50.13 of this
part are met. PM2.5, defined as particles with
an aerodynamic diameter less than or equal
to a nominal 2.5 micrometers, is measured in
the ambient air by a Federal reference
method (FRM) based on appendix L of this
part, as applicable, and designated in
accordance with part 53 of this chapter, or by
a Federal equivalent method (FEM)
designated in accordance with part 53 of this
chapter, or by an Approved Regional Method
(ARM) designated in accordance with part 58
of this chapter. Data handling and
computation procedures to be used in
making comparisons between reported PM2.5
PO 00000
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Fmt 4701
Sfmt 4700
concentrations and the levels of the PM2.5
NAAQS are specified in the following
sections.
(b) Data resulting from exceptional events,
for example structural fires or high winds,
may be given special consideration. In some
cases, it may be appropriate to exclude these
data in whole or part because they could
result in inappropriate values to compare
with the levels of the PM2.5 NAAQS. In other
cases, it may be more appropriate to retain
the data for comparison with the levels of the
PM2.5 NAAQS and then for EPA to formulate
the appropriate regulatory response.
(c) The terms used in this appendix are
defined as follows:
Annual mean refers to a weighted
arithmetic mean, based on quarterly means,
as defined in section 4.4 of this appendix.
Creditable samples are samples that are
given credit for data completeness. They
include valid samples collected on required
sampling days and valid ‘‘make-up’’ samples
taken for missed or invalidated samples on
required sampling days.
Daily values for PM2.5 refers to the 24-hour
average concentrations of PM2.5 calculated
(averaged from hourly measurements) or
measured from midnight to midnight (local
standard time) that are used in NAAQS
computations.
Designated monitors are those monitoring
sites designated in a State or local agency PM
Monitoring Network Description in
accordance with part 58 of this chapter.
Design values are the metrics (i.e.,
statistics) that are compared to the NAAQS
levels to determine compliance, calculated as
shown in section 4 of this appendix:
(1) The 3-year average of annual means for
a single monitoring site or a group of
monitoring sites (referred to as the ‘‘annual
standard design value’’). If spatial averaging
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pwalker on PROD1PC61 with RULES2
has been approved by EPA for a group of
sites which meet the criteria specified in
section 2(b) of this appendix and section
4.7.5 of appendix D of 40 CFR part 58, then
3 years of spatially averaged annual means
will be averaged to derive the annual
standard design value for that group of sites
(further referred to as the ‘‘spatially averaged
annual standard design value’’). Otherwise,
the annual standard design value will
represent the 3-year average of annual means
for a single site (further referred to as the
‘‘single site annual standard design value’’).
(2) The 3-year average of annual 98th
percentile 24-hour average values recorded at
each monitoring site (referred to as the ‘‘24hour standard design value’’).
Extra samples are non-creditable samples.
They are daily values that do not occur on
scheduled sampling days and that can not be
used as make-ups for missed or invalidated
scheduled samples. Extra samples are used in
mean calculations and are subject to
selection as a 98th percentile.
Make-up samples are samples taken to
supplant missed or invalidated required
scheduled samples. Make-ups can be made
by either the primary or the collocated
instruments. Make-up samples are either
taken before the next required sampling day
or exactly one week after the missed (or
voided) sampling day. Also, to be considered
a valid make-up, the sampling must be
administered according to EPA guidance.
98th percentile is the daily value out of a
year of PM2.5 monitoring data below which
98 percent of all daily values fall.
Year refers to a calendar year.
2.0 Monitoring Considerations.
(a) Section 58.30 of this chapter specifies
which monitoring locations are eligible for
making comparisons with the PM2.5
standards.
(b) To qualify for spatial averaging,
monitoring sites must meet the criterion
specified in section 4.7.5 of appendix D of 40
CFR part 58 as well as the following
requirements:
(1) The annual mean concentration at each
site shall be within 10 percent of the spatially
averaged annual mean.
(2) The daily values for each site pair
among the 3-year period shall yield a
correlation coefficient of at least 0.9 for each
calendar quarter.
(3) All of the monitoring sites should
principally be affected by the same major
emission sources of PM2.5. For example, this
could be demonstrated by site-specific
chemical speciation profiles confirming all
major component concentration averages to
be within 10 percent for each calendar
quarter.
(4) The requirements in paragraphs (b)(1)
through (3) of this section shall be met for 3
consecutive years in order to produce a valid
spatially averaged annual standard design
value. Otherwise, the individual (single) site
annual standard design values shall be
compared directly to the level of the annual
NAAQS.
(c) Section 58.12 of this chapter specifies
the required minimum frequency of sampling
for PM2.5. Exceptions to the specified
sampling frequencies, such as a reduced
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06:19 Oct 17, 2006
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frequency during a season of expected low
concentrations (i.e., ‘‘seasonal sampling’’),
are subject to the approval of EPA. Annual
98th percentile values are to be calculated
according to equation 6 in section 4.5 of this
appendix when a site operates on a ‘‘seasonal
sampling’’ schedule.
3.0 Requirements for Data Used for
Comparisons With the PM2.5 NAAQS and
Data Reporting Considerations.
(a) Except as otherwise provided in this
appendix, only valid FRM/FEM/ARM PM2.5
data required to be submitted to EPA’s Air
Quality System (AQS) shall be used in the
design value calculations.
(b) PM2.5 measurement data (typically
hourly for continuous instruments and daily
for filter-based instruments) shall be reported
to AQS in micrograms per cubic meter (µg/
m3) to one decimal place, with additional
digits to the right being truncated.
(c) Block 24-hour averages shall be
computed from available hourly PM2.5
concentration data for each corresponding
day of the year and the result shall be stored
in the first, or start, hour (i.e., midnight, hour
‘0’) of the 24-hour period. A 24-hour average
shall be considered valid if at least 75
percent (i.e., 18) of the hourly averages for
the 24-hour period are available. In the event
that less than all 24 hourly averages are
available (i.e., less than 24, but at least 18),
the 24-hour average shall be computed on the
basis of the hours available using the number
of available hours as the divisor (e.g., 19). 24hour periods with seven or more missing
hours shall be considered valid if, after
substituting zero for all missing hourly
concentrations, the 24-hour average
concentration is greater than the level of the
standard. The computed 24-hour average
PM2.5 concentrations shall be reported to one
decimal place (the additional digits to the
right of the first decimal place are truncated,
consistent with the data handling procedures
for the reported data).
(d) Except for calculation of spatially
averaged annual means and spatially
averaged annual standard design values, all
other calculations shown in this appendix
shall be implemented on a site-level basis.
Site level data shall be processed as follows:
(1) The default dataset for a site shall
consist of the measured concentrations
recorded from the designated primary FRM/
FEM/ARM monitor. The primary monitor
shall be designated in the appropriate State
or local agency PM Monitoring Network
Description. All daily values produced by the
primary sampler are considered part of the
site record (i.e., that site’s daily value); this
includes all creditable samples and all extra
samples.
(2) Data for the primary monitor shall be
augmented as much as possible with data
from collocated FRM/FEM/ARM monitors. If
a valid 24-hour measurement is not produced
from the primary monitor for a particular day
(scheduled or otherwise), but a valid sample
is generated by a collocated FRM/FEM/ARM
instrument (and recorded in AQS), then that
collocated value shall be considered part of
the site data record (i.e., that site’s daily
value). If more than one valid collocated
FRM/FEM/ARM value is available, the
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average of those valid collocated values shall
be used as the daily value.
(e) All daily values in the composite site
record are used in annual mean and 98th
percentile calculations, however, not all
daily values are give credit towards data
completeness requirements. Only
‘‘creditable’’ samples are given credit for data
completeness. Creditable samples include
valid samples on scheduled sampling days
and valid make-up samples. All other types
of daily values are referred to as ‘‘extra’’
samples.
4.0
Comparisons With the PM2.5 NAAQS.
4.1
Annual PM2.5 NAAQS.
(a) The annual PM2.5 NAAQS is met when
the annual standard design value is less than
or equal to 15.0 micrograms per cubic meter
(µg/m3).
(b) For single site comparisons, 3 years of
valid annual means are required to produce
a valid annual standard design value. In the
case of spatial averaging, 3 years of valid
spatially averaged annual means are required
to produce a valid annual standard design
value. Designated sites with less than 3 years
of data shall be included in annual spatial
averages for those years that data
completeness requirements are met. A year
meets data completeness requirements when
at least 75 percent of the scheduled sampling
days for each quarter have valid data.
[Quarterly data capture rates (expressed as a
percentage) are specifically calculated as the
number of creditable samples for the quarter
divided by the number of scheduled samples
for the quarter, the result then multiplied by
100 and rounded to the nearest integer.]
However, years with at least 11 samples in
each quarter shall be considered valid,
notwithstanding quarters with less than
complete data, if the resulting annual mean,
spatially averaged annual mean
concentration, or resulting annual standard
design value concentration (rounded
according to the conventions of section 4.3 of
this appendix) is greater than the level of the
standard. Furthermore, where the explicit 11
sample per quarter requirement is not met,
the site annual mean shall still be considered
valid if, by substituting a low value
(described below) for the missing data in the
deficient quarters (substituting enough to
meet the 11 sample minimum), the
computation still yields a recalculated
annual mean, spatially averaged annual mean
concentration, or annual standard design
value concentration over the level of the
standard. The low value used for this
substitution test shall be the lowest reported
daily value in the site data record for that
calendar quarter over the most recent 3-year
period. If an annual mean is deemed
complete using this test, the original annual
mean (without substituted low values) shall
be considered the official mean value for this
site, not the result of the recalculated test
using the low values.
(c) The use of less than complete data is
subject to the approval of EPA, which may
consider factors such as monitoring site
closures/moves, monitoring diligence, and
nearby concentrations in determining
whether to use such data.
E:\FR\FM\17OCR2.SGM
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X q , y ,s =
l
nq
nq
∑X
i , q , y ,s
i =l
pwalker on PROD1PC61 with RULES2
Where:
¯
Xq,y,s = the mean for quarter q of the year y
for site s;
nq = the number of daily values in the
quarter; and
xi q,y,s = the ith value in quarter q for year y
for site s.
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1 4
∑ X q , y ,s
4 q =1
Equation 3
xy =
1
ns
ns
∑x
y ,s
s =1
Where:
¯
xy = the spatially averaged mean for year y,
¯
xy,s = the annual mean for year y and site s
for sites designated to be averaged that
meet completeness criteria , and
ns = the number of sites designated to be
averaged that meet completeness criteria.
(d) The annual standard design value is
calculated using equation 4A of this
appendix when spatial averaging and
equation 4B of this appendix when not
spatial averaging:
Equation 4A
When spatial averaging
x=
1 3
∑ xy
3 y =1
Equation 4B
When not spatial averaging
x=
Equation 5
P0.98, y = X[i +1]
1 3
∑ x y ,s
3 y =1
Where:
¯
x = the annual standard design value (the
spatially averaged annual standard
design value for equation 4A of this
appendix and the single site annual
standard design value for equation 4B of
this appendix); and
¯
xy = the spatially averaged annual mean for
year y (result of equation 3 of this
appendix) when spatial averaging is
used, or
¯
xy,s the annual mean for year y and site s
(result of equation 2 of this appendix)
when spatial averaging is not used.
PO 00000
Frm 00087
(a) When the data for a particular site and
year meet the data completeness
requirements in section 4.2 of this appendix,
calculation of the 98th percentile is
accomplished by the steps provided in this
subsection. Equation 5 of this appendix shall
be used to compute annual 98th percentile
values, except that where a site operates on
an approved seasonal sampling schedule,
equation 6 of this appendix shall be used
instead.
(1) Regular formula for computing annual
98th percentile values. Calculation of annual
98th percentile values using the regular
formula (equation 5) will be based on the
creditable number of samples (as described
below), rather than on the actual number of
samples. Credit will not be granted for extra
(non-creditable) samples. Extra samples,
however, are candidates for selection as the
annual 98th percentile. [The creditable
number of samples will determine how deep
to go into the data distribution, but all
samples (creditable and extra) will be
considered when making the percentile
assignment.] The annual creditable number
of samples is the sum of the four quarterly
creditable number of samples. Sort all the
daily values from a particular site and year
by ascending value. (For example: (x[1], x[2],
x[3], * * *, x[n]). In this case, x[1] is the
smallest number and x[n] is the largest
value.) The 98th percentile is determined
from this sorted series of daily values which
is ordered from the lowest to the highest
number. Compute (0.98) x (cn) as the number
‘‘i.d,’’ where ‘cn’ is the annual creditable
number of samples, ‘‘i’’ is the integer part of
the result, and ‘‘d’’ is the decimal part of the
result. The 98th percentile value for year y,
P0.98, y, is calculated using equation 5 of this
appendix:
Fmt 4701
Sfmt 4700
Where:
P0.98, y = 98th percentile for year y;
x[i+1] = the (i+1)th number in the ordered
series of numbers;
i = the integer part of the product of 0.98 and
cn.
(2) Formula for computing annual 98th
percentile values when sampling frequencies
are seasonal. Calculate the annual 98th
percentiles by determining the smallest
measured concentration, x, that makes W(x)
greater than 0.98 using equation 6 of this
appendix:
E:\FR\FM\17OCR2.SGM
17OCR2
ER17OC06.007
Where:
¯
Xy,s = the annual mean concentration for year
y (y = 1, 2, or 3) and for site s; and
¯
Xq,y,s = the mean for quarter q of year y for
site s.
(c) If spatial averaging is utilized, the sitebased annual means will then be averaged
together to derive the spatially averaged
annual mean using equation 3 of this
appendix. Otherwise (i.e., for single site
comparisons), skip to equation 4.B of this
appendix.
ER17OC06.008
4.5 Equations for the 24-Hour PM2.5
NAAQS
ER17OC06.006
Equation 1
X y ,s =
ER17OC06.005
4.4 Equations for the Annual PM2.5 NAAQS.
(a) An annual mean value for PM2.5 is
determined by first averaging the daily values
of a calendar quarter using equation 1 of this
appendix:
Equation 2
(e) The annual standard design value is
rounded according to the conventions in
section 4.3 of this appendix before a
comparison with the standard is made.
ER17OC06.004
4.2 24-Hour PM2.5 NAAQS.
(a) The 24-hour PM2.5 NAAQS is met when
the 24-hour standard design value at each
monitoring site is less than or equal to 35 µg/
m3. This comparison shall be based on 3
consecutive, complete years of air quality
data. A year meets data completeness
requirements when at least 75 percent of the
scheduled sampling days for each quarter
have valid data. However, years shall be
considered valid, notwithstanding quarters
with less than complete data (even quarters
with less than 11 samples), if the resulting
annual 98th percentile value or resulting 24hour standard design value (rounded
according to the conventions of section 4.3 of
this appendix) is greater than the level of the
standard.
(b) The use of less than complete data is
subject to the approval of EPA which may
consider factors such as monitoring site
closures/moves, monitoring diligence, and
nearby concentrations in determining
whether to use such data for comparisons to
the NAAQS.
(c) The equations for calculating the 24hour standard design values are given in
section 4.5 of this appendix.
4.3 Rounding Conventions. For the
purposes of comparing calculated values to
the applicable level of the standard, it is
necessary to round the final results of the
calculations described in sections 4.4 and 4.5
of this appendix. Results for all intermediate
calculations shall not be rounded.
(a) Annual PM2.5 standard design values
shall be rounded to the nearest 0.1 µg/m3
(decimals 0.05 and greater are rounded up to
the next 0.1, and any decimal lower than 0.05
is rounded down to the nearest 0.1).
(b) 24-hour PM2.5 standard design values
shall be rounded to the nearest 1 µg/m3
(decimals 0.5 and greater are rounded up to
the nearest whole number, and any decimal
lower than 0.5 is rounded down to the
nearest whole number).
(b) Equation 2 of this appendix is then
used to calculate the site annual mean:
ER17OC06.003
(d) The equations for calculating the
annual standard design values are given in
section 4.4 of this appendix.
61229
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Equation 6
W (x) =
3
∑P
0.98, y
y =1
3
(c) The 24-hour standard design value (3year average 98th percentile) is rounded
according to the conventions in section 4.3
of this appendix before a comparison with
the standard is made.
8. Appendix O is added to part 50 to
read as follows:
I
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Appendix O to Part 50—Reference Method
for the Determination of Coarse Particulate
Matter as PM10–2.5 in the Atmosphere
1.0 Applicability and Definition
1.1 This method provides for the
measurement of the mass concentration of
coarse particulate matter (PM10–2.5) in
ambient air over a 24-hour period. In
conjunction with additional analysis, this
method may be used to develop speciated
data.
1.2 For the purpose of this method,
PM10–2.5 is defined as particulate matter
having an aerodynamic diameter in the
nominal range of 2.5 to 10 micrometers,
inclusive.
1.3 For this reference method, PM10–2.5
concentrations shall be measured as the
arithmetic difference between separate but
concurrent, collocated measurements of PM10
and PM2.5, where the PM10 measurements are
obtained with a specially approved sampler,
identified as a ‘‘PM10c sampler,’’ that meets
more demanding performance requirements
than conventional PM10 samplers described
in appendix J of this part. Measurements
obtained with a PM10c sampler are identified
as ‘‘PM10c measurements’’ to distinguish
them from conventional PM10 measurements
obtained with conventional PM10 samplers.
Thus, PM10–2.5 = PM10c ¥ PM2.5.
1.4 The PM10c and PM2.5 gravimetric
measurement processes are considered to be
nondestructive, and the PM10c and PM2.5
number of daily values in season a that are ≤ ×
number of daily values in season a
samples obtained in the PM10–2.5
measurement process can be subjected to
subsequent physical or chemical analyses.
1.5 Quality assessment procedures are
provided in part 58, appendix A of this
chapter. The quality assurance procedures
and guidance provided in reference 1 in
section 13 of this appendix, although written
specifically for PM2.5, are generally
applicable for PM10c, and, hence, PM10–2.5
measurements under this method, as well.
1.6 A method based on specific model
PM10c and PM2.5 samplers will be considered
a reference method for purposes of part 58 of
this chapter only if:
(a) The PM10c and PM2.5 samplers and the
associated operational procedures meet the
requirements specified in this appendix and
all applicable requirements in part 53 of this
chapter, and
(b) The method based on the specific
samplers and associated operational
procedures have been designated as a
reference method in accordance with part 53
of this chapter.
1.7 PM10–2.5 methods based on samplers
that meet nearly all specifications set forth in
this method but have one or more significant
but minor deviations or modifications from
those specifications may be designated as
‘‘Class I’’ equivalent methods for PM10–2.5 in
accordance with part 53 of this chapter.
1.8 PM2.5 measurements obtained
incidental to the PM10–2.5 measurements by
this method shall be considered to have been
obtained with a reference method for PM2.5
in accordance with appendix L of this part.
1.9 PM10c measurements obtained
incidental to the PM10–2.5 measurements by
this method shall be considered to have been
obtained with a reference method for PM10 in
accordance with appendix J of this part,
provided that:
(a) The PM10c measurements are adjusted
to EPA reference conditions (25 °C and 760
millimeters of mercury), and
(b) Such PM10c measurements are
appropriately identified to differentiate them
from PM10 measurements obtained with other
(conventional) methods for PM10 designated
in accordance with part 53 of this chapter as
reference or equivalent methods for PM10.
2.0 Principle
2.1 Separate, collocated, electrically
powered air samplers for PM10c and PM2.5
concurrently draw ambient air at identical,
constant volumetric flow rates into specially
PO 00000
dLow
Frm 00088
Fmt 4701
Sfmt 4700
shaped inlets and through one or more
inertial particle size separators where the
suspended particulate matter in the PM10 or
PM2.5 size range, as applicable, is separated
for collection on a polytetrafluoroethylene
(PTFE) filter over the specified sampling
period. The air samplers and other aspects of
this PM10–2.5 reference method are specified
either explicitly in this appendix or by
reference to other applicable regulations or
quality assurance guidance.
2.2 Each PM10c and PM2.5 sample
collection filter is weighed (after moisture
and temperature conditioning) before and
after sample collection to determine the net
weight (mass) gain due to collected PM10c or
PM2.5. The total volume of air sampled by
each sampler is determined by the sampler
from the measured flow rate at local ambient
temperature and pressure and the sampling
time. The mass concentrations of both PM10c
and PM2.5 in the ambient air are computed
as the total mass of collected particles in the
PM10 or PM2.5 size range, as appropriate,
divided by the total volume of air sampled
by the respective samplers, and expressed in
micrograms per cubic meter (µg/m3)at local
temperature and pressure conditions. The
mass concentration of PM10–2.5 is determined
as the PM10c concentration value less the
corresponding, concurrently measured PM2.5
concentration value.
2.3 Most requirements for PM10–2.5
reference methods are similar or identical to
the requirements for PM2.5 reference methods
as set forth in appendix L to this part. To
insure uniformity, applicable appendix L
requirements are incorporated herein by
reference in the sections where indicated
rather than repeated in this appendix.
3.0 PM10–2.5 Measurement Range
3.1 Lower concentration limit. The lower
detection limit of the mass concentration
measurement range is estimated to be
approximately 3 µg/m3, based on the
observed precision of PM2.5 measurements in
the national PM2.5 monitoring network, the
probable similar level of precision for the
matched PM10c measurements, and the
additional variability arising from the
differential nature of the measurement
process. This value is provided merely as a
guide to the significance of low PM10–2.5
concentration measurements.
3.2 Upper concentration limit. The upper
limit of the mass concentration range is
determined principally by the PM10c filter
E:\FR\FM\17OCR2.SGM
17OCR2
ER17OC06.011
Equation 7
Jkt 211001
d Low
FLow ( x )
d High + d Low
ER17OC06.010
Such that ‘‘a’’ can be either ‘‘High’’ or ‘‘Low’’;
‘‘x’’ is the measured concentration; and
‘‘dHigh/(dHigh + dLow) and dLow/(dHigh + dLow)’’
are constant and are called seasonal
‘‘weights.’’
(b) The 24-hour standard design value is
then calculated by averaging the annual 98th
percentiles using equation 7 of this appendix:
06:19 Oct 17, 2006
FHigh ( x ) +
ER17OC06.009
Fa ( x ) =
VerDate Aug<31>2005
d High + d Low
dLow = number of calendar days in the ‘‘Low’’
season;
dHigh+ = days in a year; and
Where:
dHigh = number of calendar days in the
‘‘High’’ season;
P0.98 =
d High
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4.0 Accuracy (bias)
4.1 Because the size, density, and
volatility of the particles making up ambient
particulate matter vary over wide ranges and
the mass concentration of particles varies
with particle size, it is difficult to define the
accuracy of PM10–2.5 measurements in an
absolute sense. Furthermore, generation of
credible PM10–2.5 concentration standards at
field monitoring sites and presenting or
introducing such standards reliably to
samplers or monitors to assess accuracy is
still generally impractical. The accuracy of
PM10–2.5 measurements is therefore defined
in a relative sense as bias, referenced to
measurements provided by other reference
method samplers or based on flow rate
verification audits or checks, or on other
performance evaluation procedures.
4.2 Measurement system bias for
monitoring data is assessed according to the
procedures and schedule set forth in part 58,
appendix A of this chapter. The goal for the
measurement uncertainty (as bias) for
monitoring data is defined in part 58,
appendix A of this chapter as an upper 95
percent confidence limit for the absolute bias
of 15 percent. Reference 1 in section 13 of
this appendix provides additional
information and guidance on flow rate
accuracy audits and assessment of bias.
5.0 Precision
5.1 Tests to establish initial measurement
precision for each sampler of the reference
method sampler pair are specified as a part
of the requirements for designation as a
reference method under part 53 of this
chapter.
5.2 Measurement system precision is
assessed according to the procedures and
schedule set forth in appendix A to part 58
of this chapter. The goal for acceptable
measurement uncertainty, as precision, of
monitoring data is defined in part 58,
appendix A of this chapter as an upper 95
percent confidence limit for the coefficient of
variation (CV) of 15 percent. Reference 1 in
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06:19 Oct 17, 2006
Jkt 211001
the same balance, preferably in the same
weighing session and by the same analyst.
8.3 Due care shall be exercised to
accurately maintain the paired relationship
of each set of concurrently collected PM10c
and PM2.5 sample filters and their net weight
gain data and to avoid misidentification or
reversal of the filter samples or weight data.
See Reference 1 of section 13 of this
appendix for additional guidance.
9.0 Calibration. Calibration of the flow
rate, temperature measurement, and pressure
measurement systems for both the PM10c and
PM2.5 samplers shall be as specified in
section 9 of appendix L to this part.
section 13 of this appendix provides
additional information and guidance on this
requirement.
6.0 Filters for PM10c and PM2.5 Sample
Collection. Sample collection filters for both
PM10c and PM2.5 measurements shall be
identical and as specified in section 6 of
appendix L to this part.
7.0 Sampler. The PM10–2.5 sampler shall
consist of a PM10c sampler and a PM2.5
sampler, as follows:
7.1 The PM2.5 sampler shall be as
specified in section 7 of appendix L to this
part.
7.2 The PM10c sampler shall be of like
manufacturer, design, configuration, and
fabrication to that of the PM2.5 sampler and
as specified in section 7 of appendix L to this
part, except as follows:
7.2.1 The particle size separator specified
in section 7.3.4 of appendix L to this part
shall be eliminated and replaced by a
downtube extension fabricated as specified
in Figure O–1 of this appendix.
7.2.2 The sampler shall be identified as a
PM10c sampler on its identification label
required under § 53.9(d) of this chapter.
7.2.3 The average temperature and
average barometric pressure measured by the
sampler during the sample period, as
described in Table L–1 of appendix L to this
part, need not be reported to EPA’s AQS data
base, as required by section 7.4.19 and Table
L–1 of appendix L to this part, provided such
measurements for the sample period
determined by the associated PM2.5 sampler
are reported as required.
7.3 In addition to the operation/
instruction manual required by section 7.4.18
of appendix L to this part for each sampler,
supplemental operational instructions shall
be provided for the simultaneous operation
of the samplers as a pair to collect concurrent
PM10c and PM2.5 samples. The supplemental
instructions shall cover any special
procedures or guidance for installation and
setup of the samplers for PM10–2.5
measurements, such as synchronization of
the samplers’ clocks or timers, proper
programming for collection of concurrent
samples, and any other pertinent issues
related to the simultaneous, coordinated
operation of the two samplers.
7.4 Capability for electrical
interconnection of the samplers to simplify
sample period programming and further
ensure simultaneous operation is encouraged
but not required. Any such capability for
interconnection shall not supplant each
sampler’s capability to operate
independently, as required by section 7 of
appendix L of this part.
10.0 PM10–2.5 Measurement Procedure
10.1 The PM10c and PM2.5 samplers shall
be installed at the monitoring site such that
their ambient air inlets differ in vertical
height by not more than 0.2 meter, if
possible, but in any case not more than 1
meter, and the vertical axes of their inlets are
separated by at least 1 meter but not more
than 4 meters, horizontally.
10.2 The measurement procedure for
PM10c shall be as specified in section 10 of
appendix L to this part, with ‘‘PM10c’’
substituted for ‘‘PM2.5’’ wherever it occurs in
that section.
10.3 The measurement procedure for
PM2.5 shall be as specified in section 10 of
appendix L to this part.
10.4 For the PM10–2.5 measurement, the
PM10c and PM2.5 samplers shall be
programmed to operate on the same schedule
and such that the sample period start times
are within 5 minutes and the sample
duration times are within 5 minutes.
10.5 Retrieval, transport, and storage of
each PM10c and PM2.5 sample pair following
sample collection shall be matched to the
extent practical such that both samples
experience uniform conditions.
11.0 Sampler Maintenance. Both PM10c
and PM2.5 samplers shall be maintained as
described in section 11 of appendix L to this
part.
8.0 Filter Weighing
8.1 Conditioning and weighing for both
PM10c and PM2.5 sample filters shall be as
specified in section 8 of appendix L to this
part. See reference 1 of section 13 of this
appendix for additional, more detailed
guidance.
8.2 Handling, conditioning, and weighing
for both PM10c and PM2.5 sample filters shall
be matched such that the corresponding
PM10c and PM2.5 filters of each filter pair
receive uniform treatment. The PM10c and
PM2.5 sample filters should be weighed on
Where:
PM10c = mass concentration of PM10c, µg/m3;
Wf, Wi = final and initial masses (weights),
respectively, of the filter used to collect
the PM10c particle sample, µg;
Va = total air volume sampled by the PM10c
sampler in actual volume units measured
at local conditions of temperature and
pressure, as provided by the sampler, m3.
Note: Total sample time must be between
1,380 and 1,500 minutes (23 and 25 hrs) for
a fully valid PM10c sample; however, see also
section 3.3 of this appendix.
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12.0 Calculations
12.1 Both concurrent PM10c and PM2.5
measurements must be available, valid, and
meet the conditions of section 10.4 of this
appendix to determine the PM10–2.5 mass
concentration.
12.2 The PM10c mass concentration is
calculated using equation 1 of this section:
Equation 1
PM10 c =
E:\FR\FM\17OCR2.SGM
17OCR2
( Wf − Wi )
Va
ER17OC06.012
mass loading beyond which the sampler can
no longer maintain the operating flow rate
within specified limits due to increased
pressure drop across the loaded filter. This
upper limit cannot be specified precisely
because it is a complex function of the
ambient particle size distribution and type,
humidity, the individual filter used, the
capacity of the sampler flow rate control
system, and perhaps other factors. All PM10c
samplers are estimated to be capable of
measuring 24-hour mass concentrations of at
least 200 µg/m3 while maintaining the
operating flow rate within the specified
limits. The upper limit for the PM10–2.5
measurement is likely to be somewhat lower
because the PM10–2.5 concentration represents
only a fraction of the PM10 concentration.
3.3 Sample period. The required sample
period for PM10–2.5 concentration
measurements by this method shall be at
least 1,380 minutes but not more than 1,500
minutes (23 to 25 hours), and the start times
of the PM2.5 and PM10c samples are within 10
minutes and the stop times of the samples are
also within 10 minutes (see section 10.4 of
this appendix).
61231
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12.3 The PM2.5 mass concentration is
calculated as specified in section 12 of
appendix L to this part.
12.4 The PM10¥2.5 mass concentration, in
µg/m3, is calculated using Equation 2 of this
section:
VerDate Aug<31>2005
06:19 Oct 17, 2006
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Equation 2
PM10 − 2.5 = PM10 c − PM 2.5
13.0
Reference
1. Quality Assurance Guidance Document
2.12. Monitoring PM2.5 in Ambient Air Using
Designated Reference or Class I Equivalent
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Methods. Draft, November 1998 (or later
version or supplement, if available).
Available at: www.epa.gov/ttn/amtic/
pgqa.html.
14.0 Figures
Figure O–1 is included as part of this
appendix O.
BILLING CODE 6560–50–P
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[FR Doc. 06–8477 Filed 10–16–06; 8:45 am]
BILLING CODE 6560–50–C
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
Agencies
[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Rules and Regulations]
[Pages 61144-61233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8477]
[[Page 61143]]
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Part II
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 50
National Ambient Air Quality Standards for Particulate Matter; Final
Rule
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 /
Rules and Regulations
[[Page 61144]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[EPA-HQ-OAR-2001-0017; FRL-8225-3]
RIN 2060-AI44
National Ambient Air Quality Standards for Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Based on its review of the air quality criteria and national
ambient air quality standards (NAAQS) for particulate matter (PM), EPA
is making revisions to the primary and secondary NAAQS for PM to
provide increased protection of public health and welfare,
respectively. With regard to primary standards for fine particles
(generally referring to particles less than or equal to 2.5 micrometers
([micro]m) in diameter, PM2.5), EPA is revising the level of
the 24-hour PM2.5 standard to 35 micrograms per cubic meter
([micro]g/m\3\) and retaining the level of the annual PM2.5
standard at 15[micro]g/m\3\. With regard to primary standards for
particles generally less than or equal to 10[mu]m in diameter
(PM10), EPA is retaining the 24-hour PM10 and
revoking the annual PM10 standard. With regard to secondary
PM standards, EPA is making them identical in all respects to the
primary PM standards, as revised.
DATES: This final rule is effective on December 18, 2006.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2001-0017. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g. confidential
business information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air and Radiation Docket and Information Center, EPA/DC,
EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is 202-
566-1741. The telephone number for the Public Reading Room is 202-566-
1744.
The EPA Docket Center suffered damage due to flooding during the
last week of June 2006. The Docket Center is continuing to operate.
However, during the cleanup, there will be temporary changes to Docket
Center telephone numbers, addresses, and hours of operation for people
who wish to visit the Public Reading Room to view documents. Consult
EPA's Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA
Web site at www.epa.gov/epahome/dockets.htm for current information on
docket status, locations and telephone numbers.
FOR FURTHER INFORMATION CONTACT: Ms. Beth M. Hassett-Sipple, Mail Code
C504-06, Health and Environmental Impacts Division, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, telephone: (919) 541-
4605, e-mail: hassett-sipple.beth@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
The following topics are discussed in today's preamble:
I. Background
A. Summary of Revisions to the PM NAAQS
B. Legislative Requirements
C. Overview of Air Quality Criteria and Standards Review for PM
D. Related Control Programs to Implement PM Standards
E. Summary of Proposed Revisions to the PM NAAQS
F. Organization and Approach to Final PM NAAQS Decisions
II. Rationale for Final Decisions on Primary PM2.5
Standards
A. Introduction
1. Overview
2. Overview of Health Effects Evidence
3. Overview of Quantitative Risk Assessment
B. Need for Revision of the Current Primary PM2.5
Standards
1. Introduction
2. Comments on the Need for Revision
3. Conclusions Regarding the Need for Revision
C. Indicator for Fine Particles
D. Averaging Time of Primary PM2.5 Standards
E. Form of Primary PM2.5 Standards
1. 24-Hour PM2.5 Standard
2. Annual PM2.5 Standard
F. Level of Primary PM2.5 Standards
1. 24-Hour PM2.5 Standard
2. Annual PM2.5 Standard
G. Final Decisions on Primary PM2.5 Standards
III. Rationale for Final Decisions on Primary PM10
Standards
A. Introduction
1. Overview
2. Overview of Health Effects Evidence
3. Overview of Quantitative Risk Assessment
B. Need for Revision of the Current Primary PM10
Standards
1. Overview of the Proposal
2. Comments on the Need for Revision
C. Indicator for Thoracic Coarse Particles
1. Introduction
2. Comments on Indicator for Thoracic Coarse Particles
3. Decision Not to Revise PM10 Indicator
a. Unqualified PM10-2.5 Indicator
b. PM10 Indicator
c. Unqualified PM10 Indicator, with Adjustment to the
PM2.5 Component
4. Conclusions Regarding Indicator for Thoracic Coarse Particles
D. Conclusions Regarding Averaging Time, Form, and Level of the
Current PM10 Standards
1. Averaging Time
2. Level and Form of the 24-Hour PM10 Standard
E. Final Decisions on Primary PM10 Standards
IV. Rationale for Final Decisions on Secondary PM Standards
A. Visibility Impairment
1. Visibility Impairment Related to Ambient PM
2. Need for Revision of the Current Secondary PM2.5
Standards to Protect Visibility
3. Indicator of PM for Secondary Standard to Address Visibility
Impairment
4. Averaging Time of a Secondary PM2.5 Standard for
Visibility Protection
5. Final Decisions on Secondary PM2.5 Standards for
Visibility Protection
B. Other PM-Related Welfare Effects
1. Evidence of Non-Visibility Welfare Effects Related to PM
2. Need for Revision of the Current Secondary PM Standards to
Address Other PM-Related Welfare Effects
C. Final Decisions on Secondary PM Standards
V. Interpretation of the NAAQS for PM
A. Amendments to Appendix N--Interpretation of the National
Ambient Air Quality Standards for PM2.5
1. General
2. PM2.5 Monitoring and Data Reporting Considerations
3. PM2.5 Computations and Data Handling Conventions
4. Conforming Revisions
B. Proposed Appendix P--Interpretation of the National Ambient
Air Quality Standards for PM10-2.5
C. Amendments to Appendix K--Interpretation of the
National Ambient Air Quality Standards for PM10
VI. Reference Methods for the Determination of Particulate
Matter as PM10-2.5 and PM2.5
A. Appendix O to Part 50--Reference Method for the
Determination of Coarse Particulate Matter as PM10-2.5 in
the Atmosphere
B. Amendments to Appendix L--Reference Method for the
Determination of Fine Particulate Matter (as PM2.5) in
the Atmosphere
VII. Issues Related to Implementation of PM10 Standards
A. Summary of Comments Received on Transition
[[Page 61145]]
B. Impact of Decision on PM10 Designations
C. Impact of Decision on State Implementation Plans (SIPs) and
Control Obligations
D. Consideration of Fugitive Emissions for New Source Review
(NSR) Purposes
E. Handling of PM10 Exceedances Due to Exceptional
Events
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health & Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
References
I. Background
A. Summary of Revisions to the PM NAAQS
Based on its review of the air quality criteria and national
ambient air quality standards (NAAQS) for particulate matter (PM), EPA
is making revisions to the primary and secondary NAAQS for PM to
provide increased protection of public health and welfare,
respectively.
With regard to primary standards for fine particles (generally
referring to particles less than or equal to 2.5 micrometers ([micro]m)
in diameter, PM2.5), EPA is revising the level of the 24-
hour PM2.5 standard to 35 micrograms per cubic meter
[micro]g/m\3\), providing increased protection against health effects
associated with short-term exposure (including premature mortality and
increased hospital admissions and emergency room visits), and retaining
the level of the annual PM2.5 standard at 15 [micro]g/m\3\,
continuing protection against health effects associated with long-term
exposure (including premature mortality and development of chronic
respiratory disease). The EPA is revising the form of the annual
PM2.5 standard with regard to the criteria for spatial
averaging, such that averaging across monitoring sites is allowed if
the annual mean concentration at each monitoring site is within 10
percent of the spatially averaged annual mean, and the daily values for
each monitoring site pair yield a correlation coefficient of at least
0.9 for each calendar quarter.
With regard to primary standards for particles generally less than
or equal to 10[micro]m in diameter (PM10), EPA is retaining
the 24-hour PM10 standard to protect against the health
effects associated with short-term exposure to coarse particles
(including hospital admissions for cardiopulmonary diseases, increased
respiratory symptoms and possibly premature mortality). Given that the
available evidence does not suggest an association between long-term
exposure to coarse particles at current ambient levels and health
effects, EPA is revoking the annual PM10 standard.
With regard to secondary PM standards, EPA is revising the current
24-hour PM2.5 secondary standard by making it identical to
the revised 24-hour PM2.5 primary standard, retaining the
annual PM2.5 and 24-hour PM10 secondary
standards, and revoking the annual PM10 secondary standard.
This suite of secondary PM standards is intended to provide protection
against PM-related public welfare effects, including visibility
impairment, effects on vegetation and ecosystems, and materials damage
and soiling.
B. Legislative Requirements
Two sections of the Clean Air Act (CAA) govern the establishment
and revision of the NAAQS. Section 108 (42 U.S.C. 7408) directs the
Administrator to identify and list ``air pollutants'' that ``in his
judgment, may reasonably be anticipated to endanger public health and
welfare'' and whose ``presence * * * in the ambient air results from
numerous or diverse mobile or stationary sources'' and to issue air
quality criteria for those that are listed. Air quality criteria are
intended to ``accurately reflect the latest scientific knowledge useful
in indicating the kind and extent of identifiable effects on public
health or welfare which may be expected from the presence of [a]
pollutant in ambient air * * * .''
Section 109 (42 U.S.C. 7409) directs the Administrator to propose
and promulgate ``primary'' and ``secondary'' NAAQS for pollutants
listed under section 108. Section 109(b)(1) defines a primary standard
as one ``the attainment and maintenance of which in the judgment of the
Administrator, based on such criteria and allowing an adequate margin
of safety, are requisite to protect the public health.'' \1\ A
secondary standard, as defined in section 109(b)(2), must ``specify a
level of air quality the attainment and maintenance of which, in the
judgment of the Administrator, based on such criteria, is requisite to
protect the public welfare from any known or anticipated adverse
effects associated with the presence of [the] pollutant in the ambient
air.'' \2\
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\1\ The legislative history of section 109 indicates that a
primary standard is to be set at ``the maximum permissible ambient
air level * * * which will protect the health of any [sensitive]
group of the population,'' and that for this purpose ``reference
should be made to a representative sample of persons comprising the
sensitive group rather than to a single person in such a group'' [S.
Rep. No. 91-1196, 91st Cong., 2d Sess. 10 (1970)].
\2\ Welfare effects as defined in section 302(h) [42 U.S.C.
7602(h)] include, but are not limited to, ``effects on soils, water,
crops, vegetation, man-made materials, animals, wildlife, weather,
visibility and climate, damage to and deterioration of property, and
hazards to transportation, as well as effects on economic values and
on personal comfort and well-being.''
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The requirement that primary standards include an adequate margin
of safety was intended to address uncertainties associated with
inconclusive scientific and technical information available at the time
of standard setting. It was also intended to provide a reasonable
degree of protection against hazards that research has not yet
identified. Lead Industries Association v. EPA, 647 F.2d 1130, 1154
(D.C. Cir 1980), cert. denied, 449 U.S. 1042 (1980); American Petroleum
Institute v. Costle, 665 F.2d 1176, 1186 (D.C. Cir. 1981), cert.
denied, 455 U.S. 1034 (1982). Both kinds of uncertainties are
components of the risk associated with pollution at levels below those
at which human health effects can be said to occur with reasonable
scientific certainty. Thus, in selecting primary standards that include
an adequate margin of safety, the Administrator is seeking not only to
prevent pollution levels that have been demonstrated to be harmful but
also to prevent lower pollutant levels that may pose an unacceptable
risk of harm, even if the risk is not precisely identified as to nature
or degree. The CAA does not require the Administrator to establish a
primary NAAQS at a zero-risk level or at a background concentration
level (see Lead Industries Association v. EPA, supra, 647 F.2d at 1156
n. 51), but rather at a level that reduces risk sufficiently so as to
protect public health with an adequate margin of safety.
In addressing the requirement for an adequate margin of safety, EPA
considers such factors as the nature and severity of the health effects
involved, the size of the sensitive population(s) at risk, and the kind
and degree of the uncertainties that must be addressed. The selection
of any particular approach to providing an adequate margin of safety is
a policy choice left specifically to the Administrator's judgment. Lead
[[Page 61146]]
Industries Association v. EPA, supra, 647 F.2d at 1161-62.
In setting standards that are ``requisite'' to protect public
health and welfare, as provided in section 109(b), EPA's task is to
establish standards that are neither more nor less stringent than
necessary for these purposes. In establishing primary and secondary
standards, EPA may not consider the costs of implementing the
standards. See generally Whitman v. American Trucking Associations, 531
U.S. 457, 465-472, 475-76 (2001).
Section 109(d)(1) of the CAA requires that ``not later than
December 31, 1980, and at 5-year intervals thereafter, the
Administrator shall complete a thorough review of the criteria
published under section 108 and the national ambient air quality
standards * * * and shall make such revisions in such criteria and
standards and promulgate such new standards as may be appropriate in
accordance with [the provisions in section 109(b) on primary and
secondary standards].'' This includes the authority to modify or revoke
a standard or standards, as appropriate under these provisions. Section
109(d)(2) requires that an independent scientific review committee
``shall complete a review of the criteria * * * and the national
primary and secondary ambient air quality standards * * * and shall
recommend to the Administrator any new * * * standards and revisions of
existing criteria and standards as may be appropriate * * *.'' This
independent review function is performed by the Clean Air Scientific
Advisory Committee (CASAC) of EPA's Science Advisory Board.
C. Overview of Air Quality Criteria and Standards Review for PM
Particulate matter is the generic term for a broad class of
chemically and physically diverse substances that exist as discrete
particles (liquid droplets or solids) over a wide range of sizes.
Particles originate from a variety of anthropogenic stationary and
mobile sources as well as from natural sources. Particles may be
emitted directly or formed in the atmosphere by transformations of
gaseous emissions such as sulfur oxides (SOX), nitrogen
oxides (NOX), and volatile organic compounds (VOC). The
chemical and physical properties of PM vary greatly with time, region,
meteorology, and source category, thus complicating the assessment of
health and welfare effects.
More specifically, the PM that is the subject of the air quality
criteria and standards reviews includes both fine particles and
thoracic coarse particles, which are considered as separate subclasses
of PM pollution based in part on long-established information on
differences in sources, properties, and atmospheric behavior between
fine and coarse particles (EPA, 2005, section 2.2). Fine particles are
produced chiefly by combustion processes and by atmospheric reactions
of various gaseous pollutants, whereas thoracic coarse particles are
generally emitted directly as particles as a result of mechanical
processes that crush or grind larger particles or the resuspension of
dusts. Sources of fine particles include, for example, motor vehicles,
power generation, combustion sources at industrial facilities, and
residential fuel burning. Sources of thoracic coarse particles include,
for example, traffic-related emissions such as tire and brake lining
materials, direct emissions from industrial operations, construction
and demolition activities, and agricultural and mining operations. Fine
particles can remain suspended in the atmosphere for days to weeks and
can be transported thousands of kilometers, whereas thoracic coarse
particles generally deposit rapidly on the ground or other surfaces and
are not readily transported across urban or broader areas.
The last review of PM air quality criteria and standards was
completed in July 1997 with notice of a final decision to revise the
existing standards (62 FR 38652, July 18, 1997). In that decision, EPA
revised the PM NAAQS in several respects. While EPA determined that the
PM NAAQS should continue to focus on particles less than or equal to 10
[mu]m in diameter (PM10), EPA also determined that the fine
and coarse fractions of PM10 should be considered
separately. The EPA added new standards, using PM2.5 as the
indicator for fine particles (with PM2.5 referring to
particles with a nominal aerodynamic diameter less than or equal to 2.5
[mu]m), and using PM10 as the indicator for purposes of
regulating the coarse fraction of PM10 (referred to as
thoracic coarse particles or coarse-fraction particles; generally
including particles with a nominal aerodynamic diameter greater than
2.5 [mu]m and less than or equal to 10 [mu]m, or PM10-2.5).
The EPA established two new PM2.5 standards: An annual
standard of 15 [mu]g/m3, based on the 3-year average of
annual arithmetic mean PM2.5 concentrations from single or
multiple community-oriented monitors; and a 24-hour standard of 65
[mu]g/m3, based on the 3-year average of the 98th percentile
of 24-hour PM2.5 concentrations at each population-oriented
monitor within an area. Also, EPA established a new reference method
for the measurement of PM2.5 in the ambient air and adopted
rules for determining attainment of the new standards. To continue to
address thoracic coarse particles, EPA retained the annual
PM10 standard, while revising the form, but not the level,
of the 24-hour PM10 standard to be based on the 99th
percentile of 24-hour PM10 concentrations at each monitor in
an area. The EPA revised the secondary standards by making them
identical in all respects to the primary standards.
Following promulgation of the revised PM NAAQS, petitions for
review were filed by a large number of parties, addressing a broad
range of issues. In May 1999, a three-judge panel of the U.S. Court of
Appeals for the District of Columbia Circuit issued an initial decision
that upheld EPA's decision to establish fine particle standards,
holding that ``the growing empirical evidence demonstrating a
relationship between fine particle pollution and adverse health effects
amply justifies establishment of new fine particle standards.''
American Trucking Associations v. EPA, 175 F.3d 1027, 1055-56 (D.C.
Cir. 1999) (``ATA I'') rehearing granted in part and denied in part,
195 F.3d 4 (D.C. Cir. 1999) (``ATA II''), affirmed in part and reversed
in part, Whitman v. American Trucking Associations, 531 U.S. 457
(2001). The Panel also found ``ample support'' for EPA's decision to
regulate coarse particle pollution, but vacated the 1997
PM10 standards, concluding that EPA's justification for the
use of PM10 as an indicator for coarse particles was
arbitrary. 175 F.3d at 1054-55. Pursuant to the court's decision, EPA
removed the vacated 1997 PM10 standards from the regulations
(CFR) (69 FR 45592, July 30, 2004) and deleted the regulatory provision
(at 40 CFR 50.6(d)) that controlled the transition from the pre-
existing 1987 PM10 standards to the 1997 PM10
standards (65 FR 80776, December 22, 2000). The pre-existing 1987
PM10 standards remained in place. Id. at 80777.
More generally, the panel held (over one judge's dissent) that
EPA's approach to establishing the level of the standards in 1997, both
for PM and for ozone NAAQS promulgated on the same day, effected ``an
unconstitutional delegation of legislative authority.'' Id. at 1034-40.
Although the panel stated that ``the factors EPA uses in determining
the degree of public health concern associated with different levels of
ozone and PM are reasonable,'' it remanded the rule to EPA, stating
that when EPA considers these factors for potential non-threshold
pollutants ``what EPA lacks is any determinate criterion for
[[Page 61147]]
drawing lines'' to determine where the standards should be set.
Consistent with EPA's long-standing interpretation and D.C. Circuit
precedent, the panel also reaffirmed prior rulings holding that in
setting NAAQS EPA is ``not permitted to consider the cost of
implementing those standards.'' Id. at 1040-41.
Both sides filed cross appeals on these issues to the United States
Supreme Court, and the Court granted certiorari. In February 2001, the
Supreme Court issued a unanimous decision upholding EPA's position on
both the constitutional and cost issues. Whitman v. American Trucking
Associations, 531 U.S. 457, 464, 475-76 (2001). On the constitutional
issue, the Court held that the statutory requirement that NAAQS be
``requisite'' to protect public health with an adequate margin of
safety sufficiently guided EPA's discretion, affirming EPA's approach
of setting standards that are neither more nor less stringent than
necessary. The Supreme Court remanded the case to the Court of Appeals
for resolution of any remaining issues that had not been addressed in
that court's earlier rulings. Id. at 475-76. In March 2002, the Court
of Appeals rejected all remaining challenges to the standards, holding
under the traditional standard of judicial review that EPA's
PM2.5 standards were reasonably supported by the
administrative record and were not ``arbitrary and capricious.''
American Trucking Associations v. EPA, 283 F. 3d 355, 369-72 (D.C. Cir.
2002) (``ATA III'').
In October 1997, EPA published its plans for the current periodic
review of the PM criteria and NAAQS (62 FR 55201, October 23, 1997),
including the 1997 PM2.5 standards and the 1987
PM10 standards. The approach in this review continues to
address fine and thoracic coarse particles separately. This approach
has been reinforced by new information that has advanced our
understanding of differences in human exposure relationships and
dosimetric patterns characteristic of these two subclasses of PM
pollution, as well as the apparent independence of health effects that
have been associated with them in epidemiologic studies (EPA, 2004a,
section 3.2.3). See also ATA I, 175 F. 3d at 1053-54, 1055-56 (EPA
justified in establishing separate standards for fine and thoracic
coarse particles).
As part of the process of preparing an updated Air Quality Criteria
Document for Particulate Matter (henceforth, the ``Criteria
Document''), EPA's National Center for Environmental Assessment (NCEA)
hosted a peer review workshop in April 1999 on drafts of key Criteria
Document chapters. The first external review draft Criteria Document
was reviewed by CASAC and the public at a meeting held in December
1999. Based on CASAC and public comment, NCEA revised the draft
Criteria Document and released a second draft in March 2001 for review
by CASAC and the public at a meeting held in July 2001. A preliminary
draft of a staff paper, Review of the National Ambient Air Quality
Standards for Particulate Matter: Assessment of Scientific and
Technical Information (henceforth, the ``Staff Paper'') prepared by
EPA's Office of Air Quality Planning and Standards (OAQPS) was released
in June 2001 for public comment and for consultation with CASAC at the
same public meeting. Taking into account CASAC and public comments, a
third draft Criteria Document was released in May 2002 for review at a
meeting held in July 2002.
Shortly after the release of the third draft Criteria Document, the
Health Effects Institute (HEI) \3\ announced that researchers at Johns
Hopkins University had discovered problems with applications of
statistical software used in a number of important epidemiological
studies that had been discussed in that draft Criteria Document. In
response to this significant issue, EPA took steps in consultation with
CASAC and the broader scientific community to encourage researchers to
reanalyze affected studies and to submit them expeditiously for peer
review by a special expert panel convened at EPA's request by HEI. The
results of this reanalysis and peer-review process were subsequently
incorporated into a fourth draft Criteria Document, which was released
in June 2003 and reviewed by CASAC and the public at a meeting held in
August 2003.
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\3\ The HEI is a non-profit, independent research institute
jointly and equally funded by EPA and multiple industries that
conducts research on the health effects of air pollution.
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The first draft Staff Paper, based on the fourth draft Criteria
Document, was released at the end of August 2003, and was reviewed by
CASAC and the public at a meeting held in November 2003. During that
meeting, EPA also consulted with CASAC on a new framework for the final
chapter (integrative synthesis) of the Criteria Document and on ongoing
revisions to other Criteria Document chapters to address previous CASAC
comments. The EPA held additional consultations with CASAC at public
meetings held in February, July, and September 2004, leading to
publication of the final Criteria Document in October 2004 (EPA,
2004a). The second draft Staff Paper, based on the final Criteria
Document, was released at the end of January 2005, and was reviewed by
CASAC and the public at a meeting held in April 2005. The CASAC's
advice and recommendations to the Administrator, based on its review of
the second draft Staff Paper, were further discussed during a public
teleconference held in May 2005 and are provided in a June 6, 2005
letter to the Administrator (Henderson, 2005a). The final Staff Paper
takes into account the advice and recommendations of CASAC and public
comments received on the earlier drafts of this document. The
Administrator subsequently received additional advice and
recommendations from the CASAC, specifically on potential standards for
thoracic coarse particles, in a teleconference on August 11, 2005, and
in a letter to the Administrator dated September 15, 2005 (Henderson,
2005b). The final Staff Paper was reissued in December 2005 to add
CASAC's final letter as an attachment (EPA, 2005).
The schedule for completion of this review is governed by a consent
decree resolving a lawsuit filed in March 2003 by a group of plaintiffs
representing national environmental organizations. The lawsuit alleged
that EPA had failed to perform its mandatory duty, under section
109(d)(1), of completing the current review within the period provided
by statute. American Lung Association v. Whitman (No. 1:03CV00778,
D.D.C. 2003). An initial consent decree was entered by the court in
July 2003 after an opportunity for public comment. The consent decree,
as modified by the court, provides that EPA will sign for publication
notices of proposed and final rulemaking concerning its review of the
PM NAAQS no later than December 20, 2005 and September 27, 2006,
respectively.
On December 20, 2005, EPA issued its proposed decision to revise
the NAAQS for PM (71 FR 2620, January 17, 2006) (henceforth
``proposal''). In the proposal, EPA identified proposed revisions to
the standards, based on the air quality criteria for PM, and to related
data handling conventions and federal reference methods for monitoring
PM. The proposal solicited public comments on alternative primary and
secondary standards and related matters.
The EPA held several public hearings across the country to provide
direct opportunities for public comment on the proposed revisions to
the PM NAAQS. On March 8, 2006, EPA held three concurrent 12-hour
public hearings in Philadelphia, PA; Chicago, IL; and San Francisco,
CA. At these public hearings, EPA heard testimony
[[Page 61148]]
from 280 individuals representing themselves or specific interested
organizations.
More than 120,000 comments were received from members of the public
and various interested groups on the proposed revisions to the PM NAAQS
by the close of the public comment period on April 17, 2006. CASAC
provided additional advice to EPA in a letter to the Administrator
requesting reconsideration of CASAC's recommendations for both the
primary and secondary PM2.5 standards as well as standards
for thoracic coarse particles (Henderson, 2006). Major issues raised in
the public comments are discussed throughout the preamble of this final
action. A comprehensive summary of all significant comments, along with
EPA's responses (henceforth ``Response to Comments''), can be found in
the docket for this rulemaking (Docket No. EPA-HQ-OAR-2001-0017).
In the proposal, EPA recognized that there were a number of new
scientific studies on the health effects of PM that had been published
recently and therefore were not included in the Criteria Document.\4\
The EPA committed to conduct a review and assessment of any significant
``new'' studies, including studies submitted during the public comment
period. The purpose of this review was to ensure that the Administrator
was fully aware of the ``new'' science before making a final decision
on whether to revise the current PM NAAQS. The EPA screened and
surveyed the recent literature, including studies submitted during the
public comment period, and conducted a provisional assessment (EPA,
2006a) that places the results of those studies of potentially greatest
policy relevance in the context of the findings of the Criteria
Document.
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\4\ For ease of reference, these studies will be referred to as
``new'' studies or ``new'' science, using quotation marks around the
word new. Referring to studies that were published too recently to
have been included in the 2004 Criteria Document as ``new'' studies
is intended to clearly differentiate such studies from those that
have been published since the last review and are included in the
2004 Criteria Document (these studies are sometimes referred to as
new (without quotation marks) or more recent studies, to indicate
that they were not included in the 1996 Criteria Document and thus
are newly available in this review).
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The provisional assessment found that the ``new'' studies expand
the scientific information and provide important insights on the
relationship between PM exposure and health effects of PM. The
provisional assessment also found that ``new'' studies generally
strengthen the evidence that acute and chronic exposure to fine
particles and acute exposure to thoracic coarse particles are
associated with health effects; some of the ``new'' epidemiologic
studies report effects in areas with lower concentrations of
PM2.5 or PM10-2.5 than those in earlier reports;
``new'' toxicology and epidemiologic studies link various health
effects with a range of fine particle sources and components; and
``new'' toxicology studies report effects of thoracic coarse particles
but do not provide evidence to support distinguishing effects from
exposure to urban and rural particles. Further, the provisional
assessment found that the results reported in the studies do not
dramatically diverge from previous findings, and, taken in context with
the findings of the Criteria Document, the new information and findings
do not materially change any of the broad scientific conclusions
regarding the health effects of PM exposure made in the Criteria
Document.
The EPA believes it was important to conduct a provisional
assessment in this case, so that the Administrator would be aware of
the science that developed too recently for inclusion in the Criteria
Document. However it is also important to note that EPA's review of
that science to date has been limited to screening, surveying, and
preparing a provisional assessment of these studies. Having performed
this limited provisional assessment, EPA must decide whether to
consider the newer studies in this review and take such steps as may be
necessary to include them in the basis for the final decision, or to
reserve such action for the next review of the PM NAAQS.
As in prior NAAQS reviews, EPA is basing its decision in this
review on studies and related information included in the Criteria
Document and Staff Paper, which have undergone CASAC and public review.
The studies assessed in the Criteria Document, and the integration of
the scientific evidence presented in that document, have undergone
extensive critical review by EPA, CASAC, and the public during the
development of the Criteria Document. The rigor of that review makes
these studies, and their integrative assessment, the most reliable
source of scientific information on which to base decisions on the
NAAQS, decisions that all parties recognize as of great import. NAAQS
decisions can have profound impacts on public health and welfare, and
NAAQS decisions should be based on studies that have been rigorously
assessed in an integrative manner not only by EPA but also by the
statutorily mandated independent advisory committee, as well as the
public review that accompanies this process. As described above, the
provisional assessment did not and could not provide that kind of in-
depth critical review.
This decision is consistent with EPA's practice in prior NAAQS
reviews. Since the 1970 amendments, the EPA has taken the view that
NAAQS decisions are to be based on scientific studies and related
information that have been assessed as a part of the pertinent air
quality criteria. See e.g., 36 FR 8186 (April 30, 1971) (EPA based
original NAAQS for six pollutants on scientific studies discussed in
air quality criteria documents and limited consideration of comments to
those concerning validity of scientific basis); 38 FR 25678, 25679-
25680 (September 14, 1973) (EPA revised air quality criteria for sulfur
oxides to provide basis for reevaluation of secondary NAAQS). This
longstanding interpretation was strengthened by new legislative
requirements enacted in 1977, which added section 109(d)(2) of the Act
concerning CASAC review of air quality criteria. EPA has consistently
followed this approach. 52 FR 24634, 24637 (July 1, 1987) (after review
by CASAC, EPA issued a post-proposal addendum to the PM Criteria
Document, to address certain new scientific studies not included in the
1982 Criteria Document); 61 FR 25566, 25568 (May 22, 1996) (after
review by CASAC, EPA issued a post-proposal supplement to the 1982
Criteria Document to address certain new health studies not included in
the 1982 Criteria Document or 1986 Addendum). The EPA recently
reaffirmed this approach in its decision not to revise the ozone NAAQS
in 1993, as well as in its final decision on the PM NAAQS in the 1997
review. 58 FR 13008, 13013-13014 (March 9, 1993) (ozone review); 62 FR
38652, 38662 (July 18, 1997) (The EPA conducted a provisional
assessment but based the final PM decision on studies and related
information included in the air quality criteria that had been reviewed
by CASAC).
As discussed in EPA's 1993 decision not to revise the NAAQS for
ozone, new studies may sometimes be of such significance that it is
appropriate to delay a decision on revision of NAAQS and to supplement
the pertinent air quality criteria so the new studies can be taken into
account (58 FR at 13013-13014, March 9, 1993). In the present case, the
provisional assessment of recent studies concludes that, taken in
context, the new information and findings do not materially change any
of the broad scientific conclusions regarding the health effects of PM
exposure made in the Criteria
[[Page 61149]]
Document. For this reason, reopening the air quality criteria review
would not be warranted even if there were time to do so under the court
order governing the schedule for this rulemaking. Accordingly, EPA is
basing the final decisions in this review on the studies and related
information included in the PM air quality criteria that have undergone
CASAC and public review. The EPA will consider the newly published
studies for purposes of decision making in the next periodic review of
the PM NAAQS, which will provide the opportunity to fully assess them
through a more rigorous review process involving EPA, CASAC, and the
public.
In order to facilitate a comprehensive and timely review of the
newly available science, the Administrator has directed EPA staff to
begin the next review of the PM NAAQS immediately.\5\
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\5\ The EPA has recently conducted a review of the process by
which the Agency performs periodic NAAQS reviews to identify ways in
which the process could be strengthened and streamlined (EPA,
2006b). The EPA intends to incorporate recommendations from the
NAAQS process review into the next PM NAAQS review.
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D. Related Control Programs To Implement PM Standards
States are primarily responsible for ensuring attainment and
maintenance of ambient air quality standards once EPA has established
them. Under section 110 of the CAA (42 U.S.C. 7410) and related
provisions, States are to submit, for EPA approval, State
implementation plans (SIPs) that provide for the attainment and
maintenance of such standards through control programs directed to
sources of the pollutants involved. The States, in conjunction with
EPA, also administer the prevention of significant deterioration (PSD)
program under sections 160-169 of the CAA (42 U.S.C. 7470-7479) for
these pollutants. In addition, the Act provides for nationwide
reductions in emissions of these and other air pollutants through
related programs, such as the Federal Mobile Source Control Program
under Title II of the CAA (42 U.S.C. 7521-7574), which involves
controls for automobile, truck, bus, motorcycle, nonroad and off-
highway engines and aircraft emissions; the new source performance
standards under section 111 (42 U.S.C. 7411); and the national emission
standards for hazardous air pollutants under section 112 (42 U.S.C.
7412).
As described in a recent EPA report, The Particle Pollution Report:
Current Understanding of Air Quality and Emissions through 2003 (EPA,
2004b), State and Federal programs have made substantial progress in
reducing ambient concentrations of PM10 and
PM2.5. For example, PM10 concentrations have
decreased 31 percent nationally since 1988. Regionally, PM10
concentrations decreased most in areas with historically higher
concentrations--the Northwest (39 percent decline), the Southwest (33
percent decline), and southern California (35 percent decline). Direct
emissions of PM10 have decreased approximately 25 percent
nationally since 1988.
Programs aimed at reducing direct emissions of particles have
played an important role in reducing PM10 concentrations,
particularly in western areas. Some examples of PM10
controls include paving unpaved roads and using best management
practices for agricultural sources of resuspended soil. Of the 87 areas
that were designated nonattainment for PM10 in the early
1990s, 64 now meet those standards. In cities that have not attained
the PM10 standards, the number of days above the standards
is down significantly.
Nationally, PM2.5 concentrations have declined by 10
percent from 1999 to 2003. Generally, PM2.5 concentrations
have also declined the most in regions with the highest
concentrations--the Southeast (20 percent decline), southern California
(16 percent decline), and the Industrial Midwest (9 percent decline).
With the exception of the Northeast, the remaining regions posted
modest declines in PM2.5 concentrations from 1999 to 2003.
Direct emissions of PM2.5 have decreased by 5 percent
nationally over the past 5 years.
National programs that affect regional emissions have also
contributed to lower sulfate concentrations and, consequently, to lower
PM2.5 concentrations, particularly in the Industrial Midwest
and Southeast. National ozone-reduction programs designed to reduce
emissions of volatile organic compounds (VOCs) and nitrogen oxides
(NOX) have also helped reduce carbon and nitrates, both of
which are components of PM2.5. Additionally, EPA's Acid Rain
Program has substantially reduced sulfur dioxide (SO2)
emissions from power plants since 1995 in the eastern United States,
contributing to lower PM concentrations. Nationally, SO2
emissions have declined 9 percent, NOX emissions have
declined 9 percent, and VOC emissions have declined by 12 percent from
1999 to 2003. In eastern States affected by the Acid Rain Program,
sulfates decreased 7 percent over the same period.
Over the next 10 to 20 years, national and regional regulations
will make major reductions in ambient PM2.5 levels. The
Clean Air Interstate Rule (CAIR) and the NOX SIP Call will
further reduce SO2 and NOX emissions from
electric generating units and industrial boilers across the eastern
half of the U.S.; regulations to implement the 1997 ambient air quality
standards for PM2.5 will require direct PM2.5 and
PM2.5 precursor controls in nonattainment areas; and new
national mobile source regulations affecting heavy-duty diesel engines,
highway vehicles, and other mobile sources will reduce emissions of
NOX, direct PM2.5, SO2, and VOCs. The
EPA estimates that these regulations for stationary and mobile sources
will cut SO2 emissions by 6 million tons annually in 2015
from 2001 levels. Emissions of NOX will be cut by 9 million
tons annually in 2015 from 2001 levels. Emissions of VOCs will drop by
3 million tons, and direct PM2.5 emissions will be cut by
200,000 tons in 2015, compared to 2001 levels.
In 2005, 39 nonattainment areas were designated as not attaining
the PM2.5 standards established in 1997. SIPs for these
areas are due in April 2008. Nonattainment areas are required to attain
the standards as ``expeditiously as practicable'' based on
implementation of federal measures already in place and the adoption of
other reasonable control strategies for sources located in the
nonattainment area and state. The presumptive timeframe for attainment
is within five years of designation, although EPA may approve extended
attainment dates of an additional one to five years for areas with more
serious problems.
Modeling done by EPA indicates that by 2010, 18 of the 39 currently
designated nonattainment areas are projected to come into attainment
with those standards just based on regulatory programs already in
place, including CAIR, the Clean Diesel Rules, and other Federal
measures. Between 2010 and 2015, further reductions in PM
concentrations in the eastern U.S. are projected due to existing
federal programs alone, on the order of 0.5 to 1.5 [mu]g/m\3\. All
areas in the eastern U.S. will have lower PM2.5
concentrations in 2015 relative to present-day conditions. In most
cases, the predicted improvement in PM2.5 ranges from 10
percent to 20 percent.
E. Summary of Proposed Revisions to the PM NAAQS
For reasons discussed in the proposal, the Administrator proposed
to revise the current primary and secondary PM2.5 and
PM10 standards. With regard to the primary PM2.5
standards, the Administrator proposed to revise the level of the 24-
hour PM2.5 standard to 35
[[Page 61150]]
[mu]g/m\3\, and to revise the form of the annual PM2.5
standard by changing the constraints on the optional use of spatial
averaging to include the criterion that the minimum correlation
coefficient between monitor pairs to be averaged be 0.9 or greater,
determined on a seasonal basis, and the criterion that differences
between monitor values not exceed 10 percent. Related revisions for
PM2.5 data handling conventions and for the reference method
for monitoring PM as PM2.5 were also proposed.
With regard to the primary PM10 standards, the
Administrator proposed to revise the current standards to provide more
targeted protection from thoracic coarse particles that are of concern
to public health. In part, the Administrator proposed to establish a
new indicator for thoracic coarse particles in terms of
PM10-2.5, the definition of which included qualifications
that identified both the mix of such particles that were provisionally
determined to be of concern to public health, and were thus included in
the indicator, and those for which currently available information was
provisionally determined to be insufficient as a basis from which to
infer a public health concern, and were thus excluded. More
specifically, the proposed PM10-2.5 indicator was qualified
so as to include any ambient mix of PM10-2.5 that is
dominated by resuspended dust from high-density traffic on paved roads
and PM generated by industrial sources and construction sources, and to
exclude any ambient mix of PM10-2.5 that is dominated by
rural windblown dust and soils and PM generated by agricultural and
mining sources. The Administrator also proposed that agricultural
sources, mining sources, and other similar sources of crustal material
shall not be subject to control in meeting the proposed standard. The
Administrator proposed to replace the current primary 24-hour
PM10 standard with a 24-hour standard defined in terms of
this new PM10-2.5 indicator. The proposed new standard would
be met at an ambient air quality monitoring site when the 3-year
average of the annual 98th percentile 24-hour average
PM10-2.5 concentration is less than or equal to 70 [mu]g/
m\3\, which would generally maintain the degree of public health
protection afforded by the current PM10 standards from
short-term exposure to thoracic coarse particles of concern.
Requirements for monitoring sites that would be appropriate for
determining compliance with this proposed PM10-2.5 standard
were included as part of proposed revisions to EPA's ambient air
monitoring regulations (see 71 FR 2710, 2736-2728 and 71 FR 2706-2707
(proposing to incorporate these requirements as part of the standard)).
These proposed requirements included a five-part test for determining
whether a potential monitoring site is suitable for comparison to the
standard, all five parts of which had to be met. In summary, the
suitability test included the following general provisions: a
monitoring site must be within an urbanized area that has a population
of at least 100,000 persons; the site must be within a block group with
a population density greater than 500 people per square mile; the site
must be a ``population-oriented'' site; the site may not be adjacent to
a large emissions source or otherwise within the micro-scale
environment affected by a large source; and, if the first four
provisions are met, a site-specific assessment must show that the
ambient mix of PM10-2.5 sampled at the site would be
dominated by resuspended dust from high-density traffic on paved roads
and PM generated by industrial sources and construction sources, and
would not be dominated by rural windblown dust and soils and PM
generated by agricultural and mining sources. Related new
PM10-2.5 data handling conventions and a new reference
method for monitoring PM as PM10-2.5 were also proposed. The
Administrator also proposed to revoke and not replace the annual
PM10 standard.
With regard to the secondary PM2.5 and PM10
standards, the Administrator proposed to revise the current standards
by making them identical in all respects to the proposed primary
PM2.5 and PM10-2.5 standards to address PM-
related welfare effects including visibility impairment, effects on
vegetation and ecosystems, materials damage and soiling, and effects on
climate change.
F. Organization and Approach to Final PM NAAQS Decisions
This action presents the Administrator's final decisions on the
review of the current primary and secondary PM2.5 and
PM10 standards. Primary standards for fine particles and for
thoracic coarse particles are addressed below in sections II and III,
respectively. Consistent with the decisions made by EPA in the last
review and with the conclusions in the Criteria Document and Staff
Paper, fine and thoracic coarse particles continue to be considered as
separate subclasses of PM pollution. Secondary standards for fine and
thoracic coarse particles are addressed below in section IV. Related
data handling conventions and federal reference methods for monitoring
PM are addressed below in sections V and VI, respectively.
Today's final decisions separately addressing fine and thoracic
coarse particles are based on a thorough review in the Criteria
Document of scientific information on known and potential human health
and welfare effects associated with exposure to these subclasses of PM
at levels typically found in the ambient air. These final decisions
also take into account: (1) Staff assessments in the Staff Paper of the
most policy-relevant information in the Criteria Document as well as a
quantitative risk assessment based on that information; (2) CASAC
advice and recommendations, as reflected in its letters to the
Administrator, its discussions of drafts of the Criteria Document and
Staff Paper at public meetings, and separate written comments prepared
by individual members of the CASAC PM Review Panel \6\ (henceforth,
``CASAC Panel''); (3) public comments received during the development
of these documents, either in connection with CASAC meetings or
separately; and (4) extensive public comments received on the proposed
rulemaking.
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\6\ The CASAC PM Review Panel is comprised of the seven members
of the chartered CASAC, supplemented by fifteen subject-matter
experts appointed by the Administrator to provide additional
scientific expertise relevant to this review of the PM NAAQS.
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II. Rationale for Final Decisions on Primary PM2.5 Standards
A. Introduction
1. Overview
This section presents the Administrator's final decisions regarding
the need to revise the current primary PM2.5 NAAQS, and,
more specifically, regarding revisions to the level of the 24-hour
standard and to the form of the annual standard. As discussed more
fully below, the rationale for the final decision on appropriate
revisions to the primary PM2.5 NAAQS includes consideration
of: (1) Evidence of health effects related to short- and long-term
exposures to fine particles; (2) insights gained from a quantitative
risk assessment; and (3) specific conclusions regarding the need for
revisions to the current standards and the elements of PM2.5
standards (i.e., indicator, averaging time, form, and level) that,
taken together, are requisite to protect public health with an adequate
margin of safety.
In developing this rationale, EPA has drawn upon an integrative
synthesis of the entire body of evidence on associations between
exposure to
[[Page 61151]]
ambient fine particles and a broad range of health endpoints (EPA,
2004a, Chapter 9), focusing on those health endpoints for which the
Criteria Document concluded that the associations are likely to be
causal. This body of evidence includes hundreds of studies conducted in
many countries around the world, using various indicators of fine
particles. In its assessment of the evidence judged to be most relevant
to decisions on elements of the primary PM2.5 standards, EPA
has placed greater weight on U.S. and Canadian studies using
PM2.5 measurements, since studies conducted in other
countries may well reflect different demographic and air pollution
characteristics.
As with virtually any policy-relevant scientific research, there is
uncertainty in the characterization of health effects attributable to
exposure to ambient fine particles, most generally with regard to
whether observed associations are likely causal in nature and, if so,
whether there are exposure levels below which such associations are no
longer likely. As discussed below, an unprecedented amount of new
research has been conducted since the last review, with important new
information coming from epidemiologic, toxicologic, controlled human
exposure, and dosimetric studies. Moreover, the newly available
research studies evaluated in the Criteria Document have undergone
intensive scrutiny through multiple layers of peer review, with
extended opportunities for review and comment by CASAC and the public.
While important uncertainties remain, the review of the health effects
information has been extensive and deliberate. In the judgment of the
Administrator, this intensive evaluation of the scientific evidence
provides an adequate basis for regulatory decision making at this time.
This review also provides important input to EPA's research plan for
improving our future understanding of the relationships between
exposures to ambient fine particles and health effects.
The health effects information and quantitative risk assessment
were summarized in sections II.A and II.B of the proposal (71 FR 2626-
2641) and are only briefly outlined below in sections II.A.2 and
II.A.3. Subsequent sections of this preamble provide a more complete
discussion of the Administrator's rationale, in light of key issues
raised in public comments, for concluding that it is appropriate to
revise the current primary PM2.5 standards (section II.B),
as well as a more complete discussion of the Administrator's rationale
for retaining or revising the specific elements of the primary
PM2.5 standards, namely the indicator (section II.C);
averaging time (section II.D); form (section II.E); and level (section
II.F). A summary of the final decisions on revisions to the primary
PM2.5 standards is presented in section II.G.
2. Overview of Heath Effects Evidence
This section briefly outlines the information presented in Section
II.A of the proposal on the health effects associated with exposure to
fine particles. As was true in the last review, evidence from
epidemiologic studies plays a key role in the Criteria Document's
evaluation of the scientific evidence. Some highlights of the new
epidemiologic evidence available since the last review include:
(1) New multi-city studies that use uniform methodologies to
investigate the effects of various indicators of PM on health with data
from multiple locations with varying climate and air pollution mixes,
contributing to increased understanding of the role of various
potential confounders, including gaseous co-pollutants, on observed
associations with fine particles. These studies provide more precise
estimates of the magnitude of an effect of exposure to PM, including
fine particles, than most smaller-scale individual city studies.
(2) More studies of various health endpoints evaluating
associations between effects and exposures to fine particles and
thoracic coarse particles (discussed below in section III), as well as
ultrafine particles or specific components (e.g., sulfates, nitrates,
metals, organic compounds, and elemental carbon) of fine particles.
(3) Numerous studies of cardiovascular endpoints, with particular
emphasis on assessment of cardiovascular risk factors or physiological
changes.
(4) Studies relating population exposure to fine particles and
other pollutants measured at centrally located monitors to estimates of
exposure to ambient pollutants at the individual level. Such studies
have led to a better understanding of the relationship between ambient
fine particle levels and personal exposures to fine particles of
ambient origin.
(5) New statistical approaches to addressing issues related to
potential confounding by gaseous co-pollutants, possible thresholds for
effects, and measurement error and exposure misclassification.\7\
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\7\ ``Confounding'' occurs when a health effect that is caused
by one risk factor is attributed to another variable that is
correlated with the causal risk factor; epidemiologic analyses
attempt to adjust or control for potential confounders (EPA, 2004a,
section 8.1.3.2; EPA, 2005, section 3.6.4). A ``threshold'' is a
concentration below which it is expected that effects are not
observed (EPA, 2004a, section 8.4.7; EPA, 2005, section 3.6.6).
``Gaseous co-pollutants'' generally refer to other commonly-
occurring air pollutants, specifically O3, CO,
SO2 and NO2. ``Measurement error'' refers to
uncertainty in the air quality measurements, while ``exposure
misclassification'' includes uncertainty in the use of ambient
pollutant measurements in characterizing population exposures to PM
(EPA, 2004a, section 8.4.5; EPA, 2005, section 3.6.2)
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(6) Efforts to evaluate the effects of fine particles from
different sources (e.g., motor vehicles, coal combustion, vegetative
burning, crustal \8\), using factor analysis or source apportionment
methods with fine particle speciation data.
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\8\ ``Crustal'' is used here to describe particles of geologic
origin, which can be found in both fine- and coarse-fraction PM.
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(7) New ``intervention studies'' providing evidence for
improvements in respiratory or cardiovascular health with reductions in
ambient concentrations of particles and gaseous co-pollutants.
In addition, the body of evidence on PM-related effects has greatly
expanded since the last review with findings from studies of potential
mechanisms or pathways by which particles may result in the effects
identified in the epidemiologic studies. These studies include
important new dosimetry, toxicologic and controlled human exposure
studies, as highlighted below.
(8) Animal and controlled human exposure studies using concentrated
ambient particles (CAPs), new indicators of response (e.g., C-reactive
protein and cytokine levels, heart rate variability), and animal models
simulating sensitive human subpopulations. The results of these studies
are relevant to evaluation of plausibility of the epidemiologic
evidence and provide insights into potential mechanisms for PM-related
effects.
(9) Dosimetry studies using new modeling methods that provide
increased understanding of the dosimetry of different particle size
classes and in members of potentially sensitive subpopulations, such as
people with chronic respiratory disease.
Section II.A of the proposal provides a detailed summary of key
information contained in the Criteria Document (EPA, 2004a, Chapters 6-
9), and in the Staff Paper (EPA, 2005, Chapter 3), on the known and
potential effects associated with exposure to fine particles including
information on specific constituents and information on the effects of
fine particles in combination with other pollutants that are routinely
present in the ambient air
[[Page 61152]]
(71 FR 2626-2637). The information highlighted there summarizes:
(1) Multiple biologic mechanisms that may be responsible for
morbidity/mortality effects associated with exposure to ambient fine
particles, including potential mechanisms or pathways related to direct
effects on the respiratory system, systemic effects that are secondary
to effects in the respiratory system including cardiovascular effects,
or direct cardiovascular effects.
(2) The nature of the effects that have been reported to be
ass