Primary National Ambient Air Quality Standard for Nitrogen Dioxide, 34404-34466 [E9-15944]
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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 50 and 58
[EPA–HQ–OAR–2006–0922; FRL–8926–3]
RIN 2060–AO19
Primary National Ambient Air Quality
Standard for Nitrogen Dioxide
srobinson on DSKHWCL6B1PROD with PROPOSALS2
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: Based on its review of the air
quality criteria for oxides of nitrogen
and the primary national ambient air
quality standard (NAAQS) for oxides of
nitrogen as measured by nitrogen
dioxide (NO2), EPA proposes to make
revisions to the primary NO2 NAAQS in
order to provide requisite protection of
public health. Specifically, EPA
proposes to supplement the current
annual standard by establishing a new
short-term NO2 standard based on the 3year average of the 99th percentile (or
4th highest) of 1-hour daily maximum
concentrations. EPA proposes to set the
level of this new standard within the
range of 80 to 100 ppb and solicits
comment on standard levels as low as
65 ppb and as high as 150 ppb. EPA also
proposes to establish requirements for
an NO2 monitoring network that will
include monitors within 50 meters of
major roadways. In addition, EPA is
soliciting comment on an alternative
approach to setting the standard and
revising the monitoring network.
Consistent with the terms of a consent
decree, the Administrator will sign a
notice of final rulemaking by January
22, 2010.
DATES: Comments must be received on
or before September 14, 2009. Under the
Paperwork Reduction Act, comments on
the information collection provisions
must be received by OMB on or before
August 14, 2009.
Public Hearings: EPA intends to hold
public hearings on this proposed rule in
August 2009 in Los Angeles, California
and Arlington, VA. These will be
announced in a separate Federal
Register notice that provides details,
including specific times and addresses,
for these hearings.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2006–0922 by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: 202–566–9744
• Mail: Docket No. EPA–HQ–OAR–
2006–0922, Environmental Protection
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Agency, Mail code 6102T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460. Please include a total of two
copies.
• Hand Delivery: Docket No. EPA–
HQ–OAR–2006–0922, Environmental
Protection Agency, EPA West, Room
3334, 1301 Constitution Ave., NW.,
Washington, DC. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2006–
0922. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
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www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744 and the telephone
number for the Air and Radiation
Docket and Information Center is (202)
566–1742.
FOR FURTHER INFORMATION CONTACT: Dr.
Scott Jenkins, Health and
Environmental Impacts Division, Office
of Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Mail Code C504–06, Research Triangle
Park, NC 27711; telephone: 919–541–
1167; fax: 919–541–0237; e-mail:
jenkins.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
What Should I Consider as I Prepare My
Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—the agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
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• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
Availability of Related Information
A number of the documents that are
relevant to this rulemaking are available
through EPA’s Office of Air Quality
Planning and Standards (OAQPS)
Technology Transfer Network (TTN)
Web site at https://www.epa.gov/ttn/
naaqs/standards/nox/s_nox_index.html.
These documents include the Integrated
Review Plan and the Health Assessment
Plan, available at https://www.epa.gov/
ttn/naaqs/standards/nox/
s_nox_cr_pd.html, the Integrated
Science Assessment (ISA), available at
https://cfpub.epa.gov/ncea/cfm/
recordisplay.cfm?deid=194645, and the
Risk and Exposure Assessment (REA),
available at https://www.epa.gov/ttn/
naaqs/standards/nox/
s_nox_cr_rea.html. These and other
related documents are also available for
inspection and copying in the EPA
docket identified above.
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Table of Contents
The following topics are discussed in
this preamble:
I. Background
A. Legislative Requirements
B. Related NO2 Control Programs
C. Review of the Air Quality Criteria and
Standards for Oxides of Nitrogen
II. Rationale for Proposed Decisions on the
Primary Standard
A. Characterization of NO2 Air Quality
1. Current Patterns of NO2 Air Quality
2. NO2 Air Quality and Gradients Around
Roadways
B. Health Effects Information
1. Adverse Respiratory Effects and ShortTerm Exposure to NO2
a. Emergency Department Visits and
Hospital Admissions
b. Respiratory Symptoms
c. Impaired Host Defense
d. Airway Response
e. Airway Inflammation
f. Lung Function
g. Conclusions From the ISA
2. Other Effects With Short-Term Exposure
to NO2
a. Mortality
b. Cardiovascular Effects
3. Health Effects With Long-Term Exposure
to NO2
a. Respiratory Morbidity
b. Mortality
c. Carcinogenic, Cardiovascular, and
Reproductive/Developmental Effects
4. NO2-Related Impacts on Public Health
a. Pre-Existing Disease
b. Age
c. Genetics
d. Gender
e. Proximity to Roadways
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f. Socioeconomic Status
g. Size of the At-Risk Population
C. Human Exposure and Health Risk
Characterization
1. Evidence Base for the Risk
Characterization
2. Overview of Approaches
3. Key Limitations and Uncertainties
D. Considerations in Review of the
Standard
1. Background on the Current Standard
2. Approach for Reviewing the Need to
Retain or Revise the Current Standard
E. Adequacy of the Current Standard
1. Evidence-Based Considerations
2. Exposure- and Risk-Based
Considerations
3. Summary of Considerations From the
REA
4. CASAC Views
5. Administrator’s Conclusions Regarding
Adequacy of the Current Standard
F. Conclusions on the Elements of a New
Short-Term Standard and an Annual
Standard
1. Indicator
2. Averaging Time
a. Short-Term Averaging Time
b. Long-Term Averaging Time
c. CASAC Views
d. Administrator’s Conclusions on
Averaging Time
3. Form
4. Level
a. Evidence-Based Considerations
b. Exposure- and Risk-Based
Considerations
c. Summary of Consideration From the
REA
d. CASAC Views
e. Administrator’s Conclusions on Level for
a 1-Hour Standard
f. Alternative Approach to Setting the 1Hour Standard Level
g. Level of the Annual Standard
G. Summary of Proposed Decisions on the
Primary Standard
III. Proposed Amendments to Ambient
Monitoring and Reporting Requirements
A. Monitoring Methods
B. Network Design
1. Background
2. Proposed Changes
a. Monitoring in Areas of Expected
Maximum Concentrations Near Major
Roads
b. Area-Wide Monitoring at Neighborhood
and Larger Spatial Scales
3. Solicitation for Comment on an
Alternative Network Design
C. Data Reporting
IV. Proposed Appendix S—Interpretation of
the Primary NAAQS for Oxides of
Nitrogen and Proposed Revisions to the
Exceptional Events Rule
A. Background
B. Interpretation of the Primary NAAQS for
Oxides of Nitrogen
1. Annual Primary Standard
2. 1-Hour Primary Standard Based on the
Annual 4th Highest Daily Value Form
3. 1-Hour Primary Standard Based on the
Annual 99th Percentile Value Form
C. Exceptional Events Information
Submission Schedule
V. Clean Air Act Implementation
Requirements
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A. Designations
B. Classifications
C. Attainment Dates
1. Attaining the NAAQS
2. Consequences of Failing to Attain by the
Statutory Attainment Date
D. Section 110(a)(2) NAAQS Infrastructure
Requirements
E. Attainment Planning Requirements
1. Nonattainment Area SIPs
2. New Source Review and Prevention of
Significant Deterioration Requirements
3. General Conformity
4. Transportation Conformity
VI. Communication of Public Health
Information
VII. Statutory and Executive Order Reviews
References
I. Background
A. Legislative Requirements
Two sections of the Clean Air Act
(Act or CAA) govern the establishment
and revision of the NAAQS. Section 108
of the Act directs the Administrator to
identify and list air pollutants that meet
certain criteria, including that the air
pollutant ‘‘in his judgment, cause[s] or
contribute[s] to air pollution which may
reasonably be anticipated to endanger
public health and welfare’’ and ‘‘the
presence of which in the ambient air
results from numerous or diverse mobile
or stationary sources.’’ 42 U.S.C. 21
7408(a)(1)(A) & (B). For those air
pollutants listed, section 108 requires
the Administrator to issue air quality
criteria that ‘‘accurately reflect the latest
scientific knowledge useful in
indicating the kind and extent of all
identifiable effects on public health or
welfare which may be expected from the
presence of [a] pollutant in ambient air
* * *’’ 42 U.S.C. 7408(2).
Section 109(a) of the Act directs the
Administrator to promulgate ‘‘primary’’
and ‘‘secondary’’ NAAQS for pollutants
for which air quality criteria have been
issued. 42 U.S.C. 7409(1). Section
109(b)(1) defines a primary standard as
one ‘‘the attainment and maintenance of
which in the judgment of the
Administrator, based on [the air quality]
criteria and allowing an adequate
margin of safety, are requisite to protect
the public health.’’ 1 42 U.S.C.
7409(b)(1). A secondary standard, in
turn, must ‘‘specify a level of air quality
the attainment and maintenance of
which, in the judgment of the
Administrator, based on [the air quality]
criteria, is requisite to protect the public
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).
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welfare from any known or anticipated
adverse effects associated with the
presence of such pollutant in the
ambient air.’’ 2 42 U.S.C. 7409(b)(2).
The requirement that primary
standards include an adequate margin of
safety is intended to address
uncertainties associated with
inconclusive scientific and technical
information available at the time of
standard setting. It is 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.
In addressing the requirement for a
margin of safety, EPA considers such
factors as the nature and severity of the
health effects involved, the size of the
at-risk population(s), 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
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 so
doing, EPA may not consider the costs
of implementing the standards.
Whitman v. American Trucking
Associations, 531 U.S. 457, 471, 475–76
(2001).
Section 109(d)(1) of the Act requires
the Administrator to periodically
undertake a thorough review of the air
quality criteria published under section
108 and the NAAQS and to revise the
criteria and standards as may be
appropriate. 42 U.S.C. 7409(d)(1). The
2 EPA is currently conducting a separate review
of the secondary NO2 NAAQS jointly with a review
of the secondary SO2 NAAQS.
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Act also requires the Administrator to
appoint an independent scientific
review committee composed of seven
members, including at least one member
of the National Academy of Sciences,
one physician, and one person
representing State air pollution control
agencies, to review the air quality
criteria and NAAQS and to
‘‘recommend to the Administrator any
new standards and revisions of existing
criteria and standards as may be
appropriate under section 108 and
subsection (b) of this section.’’ 42 U.S.C.
7409(d)(2). This independent review
function is performed by the Clean Air
Scientific Advisory Committee (CASAC)
of EPA’s Science Advisory Board.
B. Related NO2 Control Programs
States are primarily responsible for
ensuring attainment and maintenance of
ambient air quality standards once EPA
has established them. Under section 110
of the Act, 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 program that covers these
pollutants. See 42 U.S.C. 7470–7479. In
addition, Federal programs provide for
nationwide reductions in emissions of
these and other air pollutants under
Title II of the Act, 42 U.S.C. 7521—
7574, which involves controls for
automobile, truck, bus, motorcycle,
nonroad engine and equipment, and
aircraft emissions; the new source
performance standards under section
111 of the Act, 42 U.S.C. 7411; and the
national emission standards for
hazardous air pollutants under section
112 of the Act, 42 U.S.C. 7412.
Currently there are no areas in the
United States that are designated as
nonattainment of the NO2 NAAQS. If
the NO2 NAAQS is revised as a result
of this review, however, some areas
could be classified as non-attainment.
Certain States would then be required to
develop SIPs that identify and
implement specific air pollution control
measures to reduce ambient NO2
concentrations to attain and maintain
the revised NO2 NAAQS, most likely by
requiring air pollution controls on
sources that emit oxides of nitrogen
(NOX 3).
3 In this document, the terms ‘‘oxides of nitrogen’’
and ‘‘nitrogen oxides’’ (NOX) refer to all forms of
oxidized nitrogen (N) compounds, including NO,
NO2, and all other oxidized N-containing
compounds formed from NO and NO2. This follows
usage in the Clean Air Act Section 108(c): ‘‘Such
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While NOX is emitted from a wide
variety of source types, the top three
categories of sources of NOX emissions
are on-road mobile sources, electricity
generating units, and non-road mobile
sources. EPA anticipates that NOX
emissions will decrease substantially
over about the next 20 years as a result
of the ongoing implementation of
mobile source emissions standards. In
particular, Tier 2 NOX emission
standards for light-duty vehicle
emissions began phasing into the fleet
beginning with model year 2004, in
combination with low-sulfur gasoline
fuel standards. For heavy-duty engines,
new NOX standards are phasing in
between the 2007 and 2010 model years,
following the introduction of ultra-low
sulfur diesel fuel. Lower NOX standards
for nonroad diesel engines, locomotives,
and certain marine engines are
becoming effective throughout the next
decade. In future decades, these lowerNOX vehicles and engines will become
an increasingly large fraction of in-use
mobile sources, effecting large NOX
emission reductions.
C. Review of the Air Quality Criteria and
Standards for Oxides of Nitrogen
On April 30, 1971, EPA promulgated
identical primary and secondary
NAAQS for NO2 under section 109 of
the Act. The standards were set at 0.053
parts per million (ppm) (53 ppb), annual
average (36 FR 8186). EPA completed
reviews of the air quality criteria and
NO2 standards in 1985 and 1996 with
decisions to retain the standard (50 FR
25532, June 19, 1985; 61 FR 52852,
October 8, 1996).
EPA initiated the current review of
the air quality criteria for oxides of
nitrogen and the NO2 primary NAAQS
on December 9, 2005 (70 FR 73236) with
a general call for information. EPA’s
draft Integrated Review Plan for the
Primary National Ambient Air Quality
Standard for Nitrogen Dioxide (EPA,
2007a) was made available in February
2007 for public comment and was
discussed by the CASAC via a publicly
accessible teleconference on May 11,
2007. As noted in that plan, NOX
includes multiple gaseous (e.g., NO2,
NO) and particulate (e.g., nitrate)
species. Because the health effects
criteria [for oxides of nitrogen] shall include a
discussion of nitric and nitrous acids, nitrites,
nitrates, nitrosamines, and other carcinogenic and
potentially carcinogenic derivatives of oxides of
nitrogen.’’ By contrast, within the air pollution
research and control communities, the terms
‘‘oxides of nitrogen’’ and ‘‘nitrogen oxides’’ are
restricted to refer only to the sum of NO and NO2,
and this sum is commonly abbreviated as NOX. The
category label used by this community for the sum
of all forms of oxidized nitrogen compounds
including those listed in Section 108(c) is NOY.
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associated with particulate species of
NOX have been considered within the
context of the health effects of ambient
particles in the Agency’s review of the
NAAQS for particulate matter (PM), the
current review of the primary NO2
NAAQS is focused on the gaseous
species of NOX and does not consider
health effects directly associated with
particulate species.
The first draft of the Integrated
Science Assessment for Oxides of
Nitrogen-Health Criteria (ISA) and the
Nitrogen Dioxide Health Assessment
Plan: Scope and Methods for Exposure
and Risk Assessment (EPA, 2007b) were
reviewed by CASAC at a public meeting
held on October 24–25, 2007. Based on
comments received from CASAC and
the public, EPA developed the second
draft of the ISA and the first draft of the
Risk and Exposure Assessment to
Support the Review of the NO2 Primary
National Ambient Air Quality Standard
(Risk and Exposure Assessment (REA)).
These documents were reviewed by
CASAC at a public meeting held on May
1–2, 2008. Based on comments received
from CASAC and the public at this
meeting, EPA released the final ISA in
July of 2008 (EPA, 2008a). In addition,
comments received were considered in
developing the second draft of the REA,
which was released for public review
and comment in two parts. The first part
of this document, containing chapters
1–7, 9 and appendices A and C as well
as part of appendix B, was released in
August, 2008. The second part of this
document, containing chapter 8
(describing the Atlanta exposure
assessment) and a completed appendix
B, was released in October of 2008. This
document was the subject of CASAC
reviews at public meetings on
September 9 and 10, 2008 (for the first
part) and on October 22, 2008 (for the
second part). In preparing the final REA
(EPA, 2008b), EPA considered
comments received from the CASAC
and the public at those meetings.
In the course of reviewing the second
draft REA, CASAC expressed the view
that the document would be incomplete
without the addition of a policy
assessment chapter presenting an
integration of evidence-based
considerations and risk and exposure
assessment results. CASAC stated that
such a chapter would be ‘‘critical for
considering options for the NAAQS for
NO2’’ (Samet, 2008a). In addition,
within the period of CASAC’s review of
the second draft REA, EPA’s Deputy
Administrator indicated in a letter to the
chair of CASAC, addressing earlier
CASAC comments on the NAAQS
review process (Henderson, 2008), that
the risk and exposure assessment will
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include ‘‘a broader discussion of the
science and how uncertainties may
effect decisions on the standard’’ and
‘‘all analyses and approaches for
considering the level of the standard
under review, including risk assessment
and weight of evidence methodologies’’
(Peacock, 2008, p.3; September 8, 2008).
Accordingly, the final REA included a
new policy assessment chapter. This
policy assessment chapter considered
the scientific evidence in the ISA and
the exposure and risk characterization
results presented in other chapters of
the REA as they relate to the adequacy
of the current NO2 primary NAAQS and
potential alternative primary NO2
standards. In considering the current
and potential alternative standards, the
final REA document focused on the
information that is most pertinent to
evaluating the basic elements of
national ambient air quality standards:
indicator, averaging time, form 4, and
level. These elements, which together
serve to define each standard, must be
considered collectively in evaluating the
health protection afforded. CASAC
discussed the final version of the REA,
with an emphasis on the policy
assessment chapter, during a public
teleconference held on December 5,
2008. Following that teleconference,
CASAC offered comments and advice
on the NO2 primary NAAQS in a letter
to the Administrator (Samet, 2008b).
The schedule for completion of this
review is governed by a judicial order
resolving a lawsuit filed in September
2005, concerning the timing of the
current review. The order that now
governs this review, entered by the
court in August 2007 and amended in
December 2008, provides that the
Administrator will sign, for publication,
notices of proposed and final
rulemaking concerning the review of the
primary NO2 NAAQS no later than June
26, 2009 and January 22, 2010,
respectively.
This action presents the
Administrator’s proposed decisions on
the current primary NO2 standard.
Throughout this preamble a number of
conclusions, findings, and
determinations proposed by the
Administrator are noted. While they
identify the reasoning that supports this
proposal, they are not intended to be
final or conclusive in nature. The EPA
invites general, specific, and/or
technical comments on all issues
involved with this proposal, including
all such proposed judgments,
4 The ‘‘form’’ of a standard defines the air quality
statistic that is to be compared to the level of the
standard in determining whether an area attains the
standard.
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conclusions, findings, and
determinations. Further, EPA invites
specific comments from CASAC on the
proposed approach of establishing a
new 1-hour NO2 standard in
conjunction with a revised monitoring
network that includes a substantial
number of monitors placed near major
roads. In addition to requesting
comment on the overall approach, EPA
invites specific comment on the level, or
range of levels, appropriate for such a
standard, as well as on the rationale that
would support that level or range of
levels.
II. Rationale for Proposed Decisions on
the Primary Standard
This section presents the rationale for
the Administrator’s proposed decision
to revise the existing NO2 primary
standard by supplementing the current
annual standard with a 1-hour standard
and to specify the standards to the
nearest parts per billion (ppb). As
discussed more fully below, this
rationale takes into account: (1)
Judgments and conclusions presented in
the ISA and the REA; (2) CASAC advice
and recommendations, as reflected in
discussions of drafts of the ISA and REA
at public meetings, in separate written
comments, and in CASAC’s letter to the
Administrator (Samet, 2008b); and (3)
public comments received at CASAC
meetings during the development of the
ISA and the REA.
In developing this rationale, EPA has
drawn upon an integrative synthesis of
the entire body of evidence on human
health effects associated with the
presence of NO2 in the air. As discussed
below, this body of evidence addresses
a broad range of health endpoints
associated with exposure to NO2. In
considering this entire body of
evidence, EPA focuses in particular on
those health endpoints for which the
ISA finds associations with NO2 to be
causal or likely causal (see section II.B
below). This rationale also draws upon
the results of quantitative exposure and
risk assessments.
As discussed below, a substantial
amount of new research has been
conducted since the last review of the
NO2 NAAQS, with important new
information coming from epidemiologic
studies in particular. The newly
available research studies evaluated in
the ISA have undergone intensive
scrutiny through multiple layers of peer
review and opportunities for public
review and comment. While important
uncertainties remain in the qualitative
and quantitative characterizations of
health effects attributable to exposure to
ambient NO2, the review of this
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information has been extensive and
deliberate.
The remainder of this section
discusses the rationale for the
Administrator’s proposed decisions on
the primary standard. Section II.A
presents a discussion of NO2 air quality,
including discussion of the NO2
concentration gradients that can exist
around roadways, and the current NO2
monitoring network. Section II.B
includes an overview of the scientific
evidence related to health effects
associated with NO2 exposure. This
overview includes discussion of the
health endpoints and at-risk
populations considered in the ISA.
Section II.C discusses the approaches
taken by EPA to assess exposures and
health risks associated with NO2,
including a discussion of key
uncertainties associated with the
analyses. Section II.D presents the
approach that is being used in the
current review of the NO2 NAAQS with
regard to consideration of the scientific
evidence and exposure-/risk-based
results related to the adequacy of the
current standard and potential
alternative standards. Sections II.E and
II.F discuss the scientific evidence and
the exposure-/risk-based results
specifically as they relate to the current
and potential alternative standards,
including discussion of the
Administrator’s proposed decisions on
the standard. Section II.G summarizes
the Administrator’s proposed decisions
with regard to the NO2 primary NAAQS.
A. Characterization of NO2 Air Quality
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1. Current patterns of NO2 Air Quality
The size of the State and local NO2
monitoring network has remained
relatively stable since the early 1980s,
and currently has approximately 400
monitors reporting data to EPA’s Air
Quality System (AQS) database. 5 At
present, there are no minimum
monitoring requirements for NO2 in 40
CFR part 58 Appendix D, other than a
requirement for EPA Regional
Administrator approval before removing
any existing monitors, and that any
ongoing NO2 monitoring must have at
least one monitor sited to measure the
5 It should be noted that the ISA Section 2.4.1
references a different number of active monitors in
the NO2 network. The discrepancy between the ISA
numbers and the number presented here is due to
differing metrics used in pulling data from AQS.
The ISA only references SLAMS, NAMS, and
PAMS sites with defined monitoring objectives,
while the Watkins and Thompson, 2008 value
represents all NO2 sites reporting data at any point
during the year. These differences in numbers of
active monitors per year also explain why the
Watkins and Thompson 2008 document
characterized the NO2 network size as relatively
stable since the early 1980s.
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maximum concentration of NO2 in that
area (though, as discussed below
monitors in the current network do not
measure peak concentrations associated
with on-road mobile sources that can
occur near major roadways because the
network was not designed for this
purpose). EPA removed the specific
minimum monitoring requirements for
NO2 of two monitoring sites per area
with a population of 1,000,000 or more
in the 2006 monitoring rule revisions
(71 FR 61236), based on the fact that
there were no NO2 nonattainment areas
at that time, coupled with trends
evidence showing an increasing gap
between national average NO2
concentrations and the current annual
standard. Additionally, the minimum
requirements were removed to provide
State, local, and Tribal air monitoring
agencies flexibility in meeting higher
priority monitoring needs for pollutants
such as ozone and PM2.5, or
implementing the new multi-pollutant
sites (NCore network) required by the
2006 rule revisions, by allowing them to
discontinue lower priority monitoring.
There are requirements in 40 CFR part
58 Appendix D for NO2 monitoring as
part of the Photochemical Assessment
Monitoring Stations (PAMS) network.
However, of the approximately 400 NO2
monitors currently in operation, only
about 10 percent may be due to the
PAMS requirements.
An analysis of the approximately 400
monitors comprising the current NO2
monitoring network (Watkins and
Thompson, 2008) indicates that the
current NO2 network has largely
remained unchanged in terms of size
and target monitor objective categories
since it was introduced in the May 10,
1979 monitoring rule (44 FR 27571).
The review of the current network
found that the assessment of
concentrations for general population
exposure and maximum concentrations
at neighborhood and larger scales were
the top objectives. A review of the
distribution of listed spatial scales of
representation shows that only
approximately 3 monitors are described
as microscale, representing an area on
the order of several meters to 100
meters, and approximately 23 monitors
are described as middle scale, which
represents an area on the order of 100
to 500 meters. This low percentage of
smaller spatially representative scale
sites within the network of
approximately 400 monitoring sites
indicates that the majority of monitors
have, in fact, been sited to assess areawide exposures on the neighborhood,
urban, and regional scales, as would be
expected for a network sited to support
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the current annual NO2 standard and
PAMS objectives. The current network
does not include monitors placed near
major roadways and, therefore, monitors
in the current network do not
necessarily measure the maximum
concentrations that can occur on a
localized scale near these roadways (as
discussed in the next section). It should
be noted that the network not only
accommodates NAAQS related
monitoring, but also serves other
monitoring objectives such as support
for photochemistry analysis, ozone
modeling and forecasting, and
particulate matter precursor tracking.
2. NO2 Air Quality and Gradients
Around Roadways
On-road and non-road mobile sources
account for approximately 60% of NOX
emissions (ISA, table 2.2–1) and trafficrelated exposures can dominate
personal exposures to NO2 (ISA section
2.5.4). While driving, personal exposure
concentrations in the cabin of a vehicle
could be substantially higher than
ambient concentrations measured
nearby (ISA, section 2.5.4). For example,
mean in-vehicle NO2 concentrations
have been reported to be 2 to 3 times
higher than non-traffic ambient
concentrations (ISA, sections 2.5.4 and
4.3.6). In addition, estimates presented
in the REA suggest that on/near
roadway NO2 concentrations could be
approximately 40% (REA, compare
Tables 7–11 and 7–13) or 80% (REA,
section 7.3.2) higher on average than
concentrations away from roadways and
that roadway-associated environments
could be responsible for the large
majority of 1-hour peak NO2 exposures
(REA, Figures 8–17 and 8–18). Because
monitors in the current network are not
sited to measure peak roadwayassociated NO2 concentrations,
individuals who spend time on and/or
near major roadways could experience
NO2 concentrations that are
considerably higher than indicated by
monitors in the current area-wide NO2
monitoring network.
Research suggests that the
concentrations of on-road mobile source
pollutants such as NOX, carbon
monoxide (CO), directly emitted air
toxics, and certain size distributions of
particulate matter (PM), such as
ultrafine PM, typically display peak
concentrations on or immediately
adjacent to roads (ISA, section 2.5). This
situation typically produces a gradient
in pollutant concentrations, with
concentrations decreasing with
increasing distance from the road, and
concentrations generally decreasing
back to near area-wide ambient levels,
or typical upwind urban background
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levels, within several hundred meters
downwind. While this general concept
is applicable to almost all roads, the
actual characteristics of the gradient and
the distance that the mobile source
pollutant signature from an individual
road can be differentiated from
background or upwind concentrations
are heavily dependent on factors
including traffic volumes, local
topography, roadside features,
meteorology, and photochemical
reactivity conditions (Baldauf, et al.,
2009; Beckerman et al., 2008; Clements
et al., 2008; Hagler et al., 2009; Janssen
et al., 2001; Rodes and Holland, 1980;
Roorda-Knape et al., 1998; Singer et al.,
2004; Zhou and Levy, 2007).
Because NO2 in the ambient air is due
largely to the atmospheric oxidation of
NO emitted from combustion sources
(ISA, section 2.2.1), elevated NO2
concentrations can extend farther away
from roadways than the primary
pollutants also emitted by on-road
mobile sources. More specifically,
review of the technical literature
suggests that NO2 concentrations may
return to area-wide or typical urban
background concentrations within
distances up to 500 meters of roads,
though the actual distance will vary
with topography, roadside features,
meteorology, and photochemical
reactivity conditions (Baldauf et al.,
2009; Beckerman et al., 2008; Clements
et al., 2008; Gilbert et al. 2003; Rodes
and Holland, 1980; Singer et al., 2004;
Zhou and Levy, 2007). Efforts to
quantify the extent and slope of the
concentration gradient that may exist
from peak near-road concentrations to
the typical urban background
concentrations must consider the
variability that exists across locations
and for a given location over time. As
a result, we have identified a range of
concentration gradients in the technical
literature which indicate that, on
average, peak NO2 concentrations on or
immediately adjacent to roads may
typically be between 30 and 100 percent
greater than concentrations monitored
in the same area but farther away from
the road (ISA, Section 2.5.4; Beckerman
et al., 2008; Gilbert et al., 2003; Rodes
and Holland, 1980; Roorda-Knape et al.,
1998; Singer et al., 2004). This range of
concentration gradients has
implications for revising the NO2
primary standard and for the NO2
monitoring network (see sections II.F.4
and III).
B. Health Effects Information
In the last review of the NO2 NAAQS,
the 1993 NOX Air Quality Criteria
Document (1993 AQCD) (EPA, 1993)
concluded that there were two key
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health effects of greatest concern at
ambient or near-ambient concentrations
of NO2 (ISA, section 5.3.1). The first was
increased airway responsiveness in
asthmatic individuals after short-term
exposures. The second was increased
respiratory illness among children
associated with longer-term exposures
to NO2. Evidence also was found for
increased risk of emphysema, but this
appeared to be of major concern only
with exposures to NO2 at levels much
higher than then current ambient levels
(ISA, section 5.3.1). Controlled human
exposure and animal toxicological
studies provided qualitative evidence
for airway hyperresponsiveness and
lung function changes while
epidemiologic studies provided
evidence for increased respiratory
symptoms with increased indoor NO2
exposures. Animal toxicological
findings of lung host defense system
changes with NO2 exposure provided a
biologically-plausible basis for the
epidemiologic results. Subpopulations
considered potentially more susceptible
to the effects of NO2 exposure included
persons with preexisting respiratory
disease, children, and the elderly. The
epidemiologic evidence for respiratory
health effects was limited, and no
studies had considered endpoints such
as hospital admissions, emergency
department visits, or mortality (ISA,
section 5.3.1).
As discussed below, evidence
published since the last review
generally has confirmed and extended
the conclusions articulated in the 1993
AQCD (ISA, section 5.3.2). The
epidemiologic evidence has grown
substantially with the addition of field
and panel studies, intervention studies,
time-series studies of endpoints such as
hospital admissions, and a substantial
number of studies evaluating mortality
risk associated with short-term NO2
exposures. While not as marked as the
growth in the epidemiologic literature, a
number of recent toxicological and
controlled human exposure studies also
provide insights into relationships
between NO2 exposure and health
effects. The body of evidence that has
become available since the last review
focuses the current review on NO2related respiratory effects at lower
ambient and exposure concentrations.
The ISA, along with its associated
annexes, provides a comprehensive
review and assessment of the scientific
evidence related to the health effects
associated with NO2 exposures. For
these health effects, the ISA
characterized judgments about causality
with a hierarchy that contains five
levels (ISA, section 1.3): sufficient to
infer a causal relationship, sufficient to
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infer a likely causal relationship (i.e.,
more likely than not), suggestive but not
sufficient to infer a causal relationship,
inadequate to infer the presence or
absence of a causal relationship, and
suggestive of no causal relationship.
Judgments about causality were
informed by a series of aspects that are
based on those set forth by Sir Austin
Bradford Hill in 1965 (ISA, Table 1.3–
1). These aspects include strength of the
observed association, availability of
experimental evidence, consistency of
the observed association, biological
plausibility, coherence of the evidence,
temporal relationship of the observed
association, and the presence of an
exposure-response relationship. A
summary of each of the five levels of the
hierarchy is provided in Table 1.3–2 of
the ISA.
Judgments made in the ISA about the
extent to which relationships between
various health endpoints and exposure
to NO2 are likely causal have been
informed by several factors. As
discussed in the ISA in section 1.3,
these factors include the nature of the
evidence (i.e., controlled human
exposure, epidemiological, and/or
toxicological studies) and the weight of
evidence. The weight of evidence takes
into account such considerations as
biological plausibility, coherence of the
evidence, strength of associations, and
consistency of the evidence. Controlled
human exposure studies provide
directly applicable information for
determining causality because these
studies are not limited by differences in
dosimetry and species sensitivity,
which would need to be addressed in
extrapolating animal toxicology data to
human health effects, and because they
provide data relating health effects
specifically to NO2 exposures, in the
absence of the co-occurring pollutants
present in ambient air. Epidemiologic
studies provide evidence of associations
between NO2 concentrations and more
serious health endpoints (e.g., hospital
admissions and emergency department
visits) that cannot be assessed in
controlled human exposure studies. For
these studies the degree of uncertainty
introduced by confounding variables
(e.g., other pollutants) affects the level
of confidence that the health effects
being investigated are attributable to
NO2 exposures alone and/or in
combination with co-occurring
pollutants.
In using a weight of evidence
approach to inform judgments about the
degree of confidence that various health
effects are likely to be caused by
exposure to NO2, confidence increases
with the number of studies consistently
reporting a particular health endpoint,
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with increasing support for the
biological plausibility of the health
effects, and with the strength and
coherence of the evidence. Conclusions
regarding biological plausibility,
consistency, and coherence of evidence
of NO2-related health effects are drawn
from the integration of epidemiologic
studies with controlled human exposure
studies and with mechanistic
information from animal toxicological
studies. As discussed below, the weight
of evidence is strongest for respiratory
morbidity endpoints (e.g., respiratory
symptoms, hospital admissions, and
emergency department visits) associated
with short-term (e.g., 1 to 24 hours) NO2
exposures.
For epidemiologic studies, strength of
association refers to the magnitude of
the association and its statistical
strength, which includes assessment of
both effect estimate size and precision.
In general, when associations yield large
relative risk estimates, it is less likely
that the association could be completely
accounted for by a potential confounder
or some other bias. Consistency refers to
the persistent finding of an association
between exposure and outcome in
multiple studies of adequate power in
different persons, places, circumstances
and times. Based on the information
presented in the ISA and summarized
below in sections II.B.1–II.B.3, this
section discusses judgments concerning
the extent to which relationships
between various health endpoints and
ambient NO2 exposures have been
judged in the ISA to be likely causal.
As noted above, this section is
devoted to discussion of health effects
associated with NO2 exposure, as
assessed in the ISA. Section II.B.1 below
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discusses respiratory morbidity
associated with short-term exposure to
NO2. The specific endpoints considered
in this section are respiratory-related
emergency department visits and
hospital admissions, respiratory
symptoms, lung host defense and
immunity, airway responsiveness,
airway inflammation, and lung function.
Section II.B.2 discusses mortality and
cardiovascular effects associated with
short-term exposures. Section II.B.3
discusses effects that have been
associated with long-term NO2
exposures including respiratory
morbidity, mortality, cancer,
cardiovascular effects, and
reproductive/developmental effects.
Section II.B.4 discusses the potential
NO2-related impacts on public health.
1. Adverse Respiratory Effects and
Short-Term Exposure to NO2
The ISA concluded that, taken
together, recent studies provide
scientific evidence that is sufficient to
infer a likely causal relationship
between short-term NO2 exposure and
adverse effects on the respiratory system
(ISA, section 5.3.2.1). This
determination was based on
consideration of the broad array of
relevant scientific evidence, as well as
the uncertainties associated with that
evidence. Specifically, this
determination is supported by the large
body of recent epidemiologic evidence
as well as findings from human and
animal experimental studies.
In considering the uncertainties
associated with the epidemiologic
evidence, the ISA (section 5.4) noted
that it is difficult to determine ‘‘the
extent to which NO2 is independently
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associated with respiratory effects or if
NO2 is a marker for the effects of
another traffic-related pollutant or mix
of pollutants.’’ On-road vehicle exhaust
emissions are a nearly ubiquitous source
of combustion pollutant mixtures that
include NOX and can be an important
contributor to NO2 levels in near-road
locations. Although this complicates
efforts to quantify specific NO2-related
health effects, a number of
epidemiologic studies have evaluated
associations with NO2 in models that
also include co-occurring pollutants
such as PM, O3, CO, and/or SO2. The
evidence summarized in the ISA
indicates that NO2 associations
generally remain robust in these multipollutant models and supports a direct
effect of short-term NO2 exposure on
respiratory morbidity (see ISA Figures
3.1–7, 3.1–10, 3.1–11 and Figures 1
through 3 below). The plausibility and
coherence of these effects are also
supported by epidemiologic studies of
indoor NO2 as well as experimental (i.e.,
toxicologic and controlled human
exposure) studies that have evaluated
host defense and immune system
changes, airway inflammation, and
airway responsiveness (see subsequent
sections of this proposal and the ISA,
section 5.3.2.1). The ISA (section 5.4)
concluded that the robustness of
epidemiologic findings to adjustment
for co-pollutants, coupled with data
from animal and human experimental
studies, support a determination that
the relationship between NO2 and
respiratory morbidity is likely causal,
while still recognizing the relationship
between NO2 and other traffic related
pollutants.
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The epidemiologic and experimental
studies encompass a number of
endpoints, including emergency
department visits and hospitalizations,
respiratory symptoms, airway
hyperresponsiveness, airway
inflammation, and lung function. Effect
estimates from epidemiologic studies
conducted in the United States and
Canada generally indicate a 2–20% 6
increase in risks for emergency
department visits and hospital
admissions and higher risks for
respiratory symptoms (ISA, section 5.4).
The findings relevant to these
endpoints, which provide the rationale
to support the judgment of a likely
causal relationship, are described in
more detail below.
a. Emergency Department Visits and
Hospital Admissions
Epidemiologic evidence exists for
positive associations of short-term
ambient NO2 concentrations below the
current NAAQS with increased numbers
of emergency department visits and
hospital admissions for respiratory
causes, especially asthma (ISA, section
5.3.2.1). Total respiratory causes for
emergency department visits and
hospitalizations typically include
asthma, bronchitis and emphysema
(collectively referred to as COPD),
6 Effect estimates in the ISA were standardized to
a 30 ppb increase in NO2 concentrations and to a
20 ppb increase for studies that evaluated 24-hour
average concentrations.
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pneumonia, upper and lower respiratory
infections, and other minor categories.
Temporal associations between
respiratory emergency department visits
or hospital admissions and ambient
levels of NO2 have been the subject of
over 50 peer-reviewed research
publications since the review of the NO2
NAAQS that was completed in 1996.
These studies have examined morbidity
in different age groups and have often
utilized multi-pollutant models to
evaluate potential confounding effects
of co-pollutants. Associations are
particularly consistent among children
(< 14 years) and older adults (> 65 years)
when all respiratory outcomes are
analyzed together (ISA, Figures 3.1–8
and 3.1–9) and among children and
subjects of all ages for asthma
admissions (ISA, Figures 3.1–12 and
3.1–13). When examined with copollutant models, associations of NO2
with respiratory emergency department
visits and hospital admissions were
generally robust and independent of the
effects of co-pollutants (i.e., magnitude
of effect estimates remained relatively
unchanged) (ISA, Figures 3.1–10 and
3.1–11). The plausibility and coherence
of these effects are supported by
experimental (i.e., toxicologic and
controlled human exposure) studies that
evaluate host defense and immune
system changes, airway inflammation,
and airway responsiveness (see
subsequent sections of this document
and ISA, section 5.3.2.1).
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Of the respiratory emergency
department visit and hospital admission
studies reviewed in the ISA, 6 key
studies were conducted in the United
States (ISA, Table 5.4–1). Of these 6
studies, 4 evaluated associations with
NO2 using multi-pollutant models (Peel
et al., 2005 and updated in Tolbert et
al., 2007 in Atlanta; New York
Department of Health (NYDOH), 2006
and Ito et al., 2007 in New York City),
while 2 studies evaluated only single
pollutant models (Linn et al., 2000 in
Los Angeles; Jaffe et al., 2003 in
Cleveland/Cincinnati, OH). In the study
by Peel and colleagues, investigators
evaluated respiratory emergency
department visits among all ages in
Atlanta, GA during the period from
1993 to 2000. Using single pollutant
models, a 2.4% (95% CI: 0.9%, 4.1%)
increase in respiratory emergency
department visits was associated with a
30-ppb increase in 1-hour maximum
NO2 concentrations. For asthma visits, a
4.1% (95% CI: 0.8%, 7.6%) increase
was estimated in individuals 2 to 18
years of age. Tolbert and colleagues
reanalyzed these data with 4 additional
years of information and found
essentially similar results in single
pollutant models (2.0% increase, 95%
CI: 0.5%, 3.3%). This same study found
that the associations were positive, but
not statistically significant, in multipollutant models that included PM10 or
O3 (Figure 2 in published manuscript).
In the study conducted by the NYDOH,
investigators evaluated asthma
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emergency department visits in Bronx
and Manhattan, New York over the
period of January 1999 to November
2000. In Bronx, a 6% (95% CI: 1%,
10%) increase in visits was estimated
per 20 ppb increase in 24-hour average
concentrations of NO2 and a 7% (95%
CI: 2%, 12%) increase in visits was
estimated per 30 ppb increase in daily
1-hour maximum concentrations. These
effects were not statistically significant
in 2-pollutant models that included
PM2.5 or SO2 (Tables 4a and 9 in
manuscript). In Manhattan, the authors
found non-significant decreases (3% for
24-hour and a 2% for daily 1-hour
maximum) in asthma-related emergency
department visits associated with
increasing NO2. In the study by Ito and
colleagues (2007), investigators
evaluated respiratory emergency
department visits for asthma in New
York City during the years 1999 to 2002.
A 12% (95% CI: 7%, 15%) increase in
risk was estimated per 20 ppb increase
in 24-hour ambient NO2. Risk estimates
were robust and remained statistically
significant in multi-pollutant models
that included PM2.5, O3, CO, and SO2
(figure 8 in manuscript). With regard to
the studies that evaluated only single
pollutant models, Linn et al. (2000)
detected a statistically significant
increase in respiratory hospital
admissions and Jaffe et al. (2003)
detected a positive, but not statistically
significant, increase in respiratory
emergency department visits associated
with 24-hour NO2 concentrations.
b. Respiratory Symptoms
Evidence for associations between
NO2 and respiratory symptoms is
derived primarily from the
epidemiologic literature, although the
experimental evidence for airway
inflammation and immune system
effects (described in the ISA, section
3.1) does provide support for the
plausibility and coherence for the
epidemiologic results (ISA, section
5.3.2.1). Consistent evidence has been
observed for an association of
respiratory effects with indoor and
personal NO2 exposures in children
(ISA, sections 3.1.5.1 and 5.3.2.1) and
with ambient levels of NO2, as measured
by area-wide monitors (ISA, sections
3.1.4.2 and 5.3.2.1, see Figure 3.1–6). In
the results of multi-pollutant models,
NO2 associations in multicity studies
are generally robust to adjustment for
co-pollutants including O3, CO, and
PM10 (ISA, sections 3.1.4.3, 5.3.2.1 and
Figure 3.1–7). Specific studies of
respiratory symptoms are discussed in
more detail below.
Epidemiologic studies using
community ambient monitors have
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found associations between ambient
NO2 concentrations and respiratory
symptoms (ISA, sections 3.1.4.2 and
5.3.2.1, Figure 3.1–6) in cities where the
entire range of 24-hour average NO2
concentrations were well below the
level of the current NAAQS (0.053 ppm
annual average). Several studies have
been published since the last review
including single-city studies (e.g., Ostro
et al., 2001; Delfino et al., 2002) and
multicity studies in urban areas
covering the continental United States
and southern Ontario (Schwartz et al.,
1994; Mortimer et al., 2002; Schildcrout
et al., 2006).
Schwartz et al. (1994) studied 1,844
schoolchildren, followed for 1 year, as
part of the Six Cities Study that
included the cities of Watertown, MA,
St. Louis, MO, Kingston-Harriman, TN,
Steubenville, OH, Topeka, KS, and
Portage, WI. Respiratory symptoms were
recorded daily. The authors reported a
significant association between 4-day
mean NO2 levels and incidence of cough
among all children in single-pollutant
models, with an odds ratio (OR) of 1.61
(95% CI: 1.08, 2.43) standardized to a
20-ppb increase in NO2. The incidence
of cough increased up to approximately
mean NO2 levels (13 ppb) (p = 0.01),
after which no further increase was
observed. The significant association
between cough and 4-day mean NO2
level remained unchanged in models
that included O3 but lost statistical
significance in two-pollutant models
that included PM10 (OR = 1.37 [95% CI:
0.88, 2.13]) or SO2 (OR = 1.42 [95% CI:
0.90, 2.28]).
Mortimer et al. (2002) studied the risk
of asthma symptoms among 864
asthmatic children in New York City,
NY, Washington, DC, Cleveland, OH,
Detroit, MI, St Louis, MO, and Chicago,
IL. Subjects were followed daily for four
2-week periods over the course of nine
months with morning and evening
asthma symptoms and peak flow
recorded. The greatest effect was
observed for morning symptoms using a
6-day moving average, with a reported
OR of 1.48 (95% CI: 1.02, 2.16) per 20
ppb increase in NO2. Although the
magnitudes of effect estimates were
generally robust in multi-pollutant
models that included O3 (OR for 20-ppb
increase in NO2 = 1.40 [95% CI: 0.93,
2.09]), O3 and SO2 (OR for NO2 = 1.31
[95% CI: 0.87, 2.09]), or O3, SO2, and
PM10 (OR for NO2 = 1.45 [95% CI: 0.63,
3.34]), they were not statistically
significant.
Schildcrout et al. (2006) investigated
the association between ambient NO2
and respiratory symptoms and rescue
inhaler use as part of the Childhood
Asthma Management Program (CAMP)
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study. The study reported on 990
asthmatic children living within 50
miles of an NO2 monitor in Boston, MA,
Baltimore, MD, Toronto, ON, St. Louis,
MO, Denver, CO, Albuquerque, NM, or
San Diego, CA. Symptoms and use of
rescue medication were recorded daily,
resulting in each subject having an
average of approximately two months of
data. The authors reported the strongest
association between NO2 and increased
risk of cough for a 2-day lag, with an OR
of 1.09 (95% CI: 1.03, 1.15) for each 20ppb increase in NO2 occurring 2 days
before measurement. Multi-pollutant
models that included CO, PM10, or SO2
produced similar results (ISA, Figure
3.1–5, panel A). Additionally, increased
NO2 exposure was associated with
increased use of rescue medication,
with the strongest association for a 2day lag. In the single-pollutant model,
the relative risk (RR) for increased
inhaler usage was 1.05 (95% CI: 1.01,
1.09).
Evidence supporting increased
respiratory symptoms following NO2
exposures is found in studies focused
on indoor sources of NO2 (ISA, section
3.1.4.1). These studies are not
confounded by the same mix of copollutants present in the ambient air or
by the contribution of NO2 to the
formation of secondary particles or O3
(ISA, section 3.1.4.1). Specifically, in a
randomized intervention study in
Australia (Pilotto et al., 2004), asthmatic
students attending schools that
switched out unvented gas heaters, a
major source of indoor NO2,
experienced a decrease in both levels of
NO2 and in respiratory symptoms (e.g.,
difficulty breathing, chest tightness, and
asthma attacks) compared to students in
schools that did not switch out
unvented gas heaters (ISA, section
3.1.4.1). An earlier indoor study by
Pilotto and colleagues (1997) also found
that students in classrooms with higher
levels of NO2 due primarily to indoor
sources had higher rates of respiratory
symptoms (e.g., sore throat, cold) and
absenteeism than students in classrooms
with lower levels of NO2. This study
detected a significant concentrationresponse relationship, strengthening the
argument that NO2 is causally related to
respiratory morbidity. A number of
other indoor studies conducted in
homes with gas appliances have also
detected significant associations
between indoor NO2 and respiratory
symptoms (ISA, section 3.1.4.1).
c. Impaired Host Defense
Impaired host-defense systems and
increased risk of susceptibility to both
viral and bacterial infections after NO2
exposures have been observed in
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epidemiologic, controlled human
exposure, and animal toxicological
studies (ISA, section 3.1.1 and 5.3.2.1).
A recent epidemiologic study (Chauhan
et al., 2003) provides evidence that
increased personal exposure to NO2
worsened virus-associated symptoms
and decreased lung function in children
with asthma. The limited evidence from
controlled human exposure studies
indicates that NO2 may increase
susceptibility to lung injury by
subsequent viral challenge at exposures
of as low as 600 ppb for 3 hours in
healthy adults (Frampton et al., 2002).
Toxicological studies have shown that
lung host defenses, including
mucociliary clearance and immune cell
function, are sensitive to NO2 exposure,
with effects observed at concentrations
of less than 1000 ppb (ISA, section
3.1.7). When taken together,
epidemiologic and experimental studies
linking NO2 exposure with viral
illnesses provide coherent and
consistent evidence that NO2 exposure
can result in lung host defense or
immune system effects (ISA, sections
3.1.7 and 5.3.2.1). This group of
outcomes also provides some
plausibility for other respiratory system
effects. For example, effects on ciliary
action (clearance) or immune cell
function (i.e. macrophage phagocytosis)
could be the basis for the effects
observed in epidemiologic studies,
including increased respiratory illness
or respiratory symptoms (ISA, section
5.3.2.1). Proposed mechanisms by
which NO2, in conjunction with viral
infections, may exacerbate airway
symptoms are summarized in the ISA
(Table 3.1–1).
d. Airway Response
In acute exacerbations of asthma,
bronchial smooth muscle contraction
occurs quickly to narrow the airway in
response to exposure to various stimuli
including allergens or irritants.
Bronchoconstriction is the dominant
physiological event leading to clinical
symptoms and interference with airflow
(National Heart, Lung, and Blood
Institute, 2007). Inhaled pollutants such
as NO2 may enhance the inherent
responsiveness of the airway to a
challenge by allergens and nonspecific
agents (ISA, section 3.1.3). In the
laboratory, airway responses can be
measured by assessing changes in
pulmonary function (e.g., decline in
FEV1) or changes in the inflammatory
response (e.g., using markers in
bronchoalveolar lavage (BAL) fluid or
induced sputum) (ISA, section 3.1.3).
The ISA (section 5.3.2.1) drew two
broad conclusions regarding airway
responsiveness in asthmatics following
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NO2 exposure. First, the ISA concluded
that NO2 exposure may enhance the
sensitivity to allergen-induced
decrements in lung function and
increase the allergen-induced airway
inflammatory response at exposures as
low as 260 ppb NO2 for 30 minutes
(ISA, section 5.3.2.1 and Figure 3.1–2).
Second, exposure to NO2 has been
found to enhance the inherent
responsiveness of the airway to
subsequent nonspecific challenges in
controlled human exposure studies
(section 3.1.3.2). In general, small but
significant increases in nonspecific
airway responsiveness were observed in
the range of 200 to 300 ppb NO2 for 30minute exposures and at 100 ppb NO2
for 60-minute exposures in asthmatics.
These conclusions are consistent with
results from animal toxicological studies
which have detected 1) increased
immune-mediated pulmonary
inflammation in rats exposed to house
dust mite allergen following exposure to
5000 ppb NO2 for 3-h and 2) increased
responsiveness to non-specific
challenges following sub-chronic (6–12
weeks) exposure to 1000 to 4000 ppb
NO2 (ISA, section 5.3.2.1).
Enhanced airway responsiveness
could have important clinical
implications for asthmatics since
transient increases in airway
responsiveness following NO2 exposure
have the potential to increase symptoms
and worsen asthma control (ISA, section
5.4). In addition, the ISA cited the
controlled human exposure literature on
the NO2 airway response as being
supportive of the epidemiologic
evidence on respiratory morbidity (ISA,
section 5.4). Because studies on airway
responsiveness have been used to
identify potential health effect
benchmark values and to inform the
identification of potential alternative
standards for evaluation (see REA,
sections 4.5 and 5), more detail is
provided below on the specific studies
that form the basis for the conclusions
in the ISA regarding this endpoint.
Folinsbee (1992) conducted a metaanalysis using individual level data
from 19 NO2 controlled human
exposure studies measuring airway
responsiveness in asthmatics (ISA,
section 3.1.3.2). These studies included
NO2 exposure levels between 100 and
1000 ppb and most of them used
nonspecific bronchoconstricting agents
such as methacholine, carbachol,
histamine, or cold air. The largest effects
were observed for asthmatics at rest.
Among asthmatics exposed at rest, 76%
experienced increased airway
responsiveness following exposure to
NO2 levels between 200 and 300 ppb.
Results from an update of this meta-
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analysis, which focused only on data for
nonspecific responsiveness, are
presented in the ISA (Table 3.1–3).7
When exposed at rest, 66% of
asthmatics experienced an increase in
airway responsiveness following
exposure to 100 ppb NO2, 67% of
asthmatics experienced an increase in
airway responsiveness following
exposure to NO2 concentrations
between 100 and 150 ppb (inclusively),
75% of subjects experienced an increase
in airway responsiveness following
exposure to NO2 concentrations
between 200 and 300 ppb (inclusively),
and 73% of subjects experienced an
increase in airway responsiveness
following exposure to NO2
concentrations above 300 ppb. Effects of
NO2 exposure on the direction of airway
responsiveness were statistically
significant at all of these levels. Because
this meta-analysis evaluated only the
direction of the change in airway
responsiveness, it is not possible to
discern the magnitude of the change
from these data. However, the results do
suggest that short-term (i.e., 30-min to 3h) exposures to NO2 at near-ambient
levels (<300 ppb) can alter airway
responsiveness in people with mild
asthma (ISA, section 3.1.3.2).
Several studies published since the
1996 review evaluate the potential for
low-level exposures to NO2 to enhance
the response to specific allergen
challenge in mild asthmatics (ISA,
section 3.1.3.1). These studies suggest
that NO2 may enhance the sensitivity to
allergen-induced decrements in lung
function and increase the allergeninduced airway inflammatory response.
Strand et al. (1997) demonstrated that
single 30-minute exposures to 260 ppb
NO2 increased the late phase response
to allergen challenge 4 hours after
exposure, as measured by changes in
lung function. In a separate study
(Strand et al., 1998), 4 daily repeated
exposures to 260 ppb NO2 for 30
minutes increased both the early and
late-phase responses to allergen, as
measured by changes in lung function.
Barck et al. (2002) used the same
exposure and challenge protocol in the
earlier Strand study (260 ppb for 30
min, with allergen challenge 4 hours
after exposure), and performed BAL 19
hours after the allergen challenge to
determine NO2 effects on the allergeninduced inflammatory response.
Compared with air followed by allergen,
NO2 followed by allergen caused an
7 The updated meta-analysis added a study that
evaluated non-specific airway responsiveness
following exposure to 260 ppb NO2 and removed
a study that evaluated allergen-induced airway
responsiveness following exposure to 100 ppb NO2.
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increase in the BAL recovery of
polymorphonuclear (PMN) cells and
eosinophil cationic protein (ECP) as
well as a reduction in total BAL fluid
volume and cell viability. ECP is
released by degranulating eosinophils,
is toxic to respiratory epithelial cells,
and is thought to play a role in the
pathogenesis of airway injury in asthma.
Subsequently, Barck et al. (2005)
exposed 18 mild asthmatics to air or 260
ppb NO2 for 15 minutes on day 1,
followed by two 15 minute exposures
separated by 1 hour on day 2, with
allergen challenge after exposures on
both days 1 and 2. Sputum was induced
before exposure on day 1 and after
exposures (morning of day 3). Compared
to air plus allergen, NO2 plus allergen
resulted in increased levels of ECP in
both sputum and blood and increased
myeloperoxidase levels in blood.
All exposures in these studies (Barck
et al., 2002, 2005; Strand et al., 1997,
1998) used subjects at rest. They used
an adequate number of subjects,
included air control exposures,
randomized exposure order, and
separated exposures by at least 2 weeks.
Together, they indicate the possibility
for effects on allergen responsiveness in
some asthmatics following brief
exposures to 260 ppb NO2. Other recent
studies have failed to find effects using
similar, but not identical, approaches
(ISA, section 3.1.3.1). The differing
findings may relate in part to differences
in timing of the allergen challenge, the
use of multiple versus single-dose
allergen challenge, the use of BAL
versus sputum induction, exercise
versus rest during exposure, and
differences in subject susceptibility
(ISA, section 3.1.3.1).
e. Airway Inflammation
Effects of NO2 on airway
inflammation have been observed in
controlled human exposure and animal
toxicological studies at higher than
ambient levels (400–5000 ppb).
Controlled human exposure studies
provide evidence for increased airway
inflammation at NO2 concentrations of
<2000 ppb. The onset of inflammatory
responses in healthy subjects appears to
be between 100 and 200 ppm-minutes,
i.e., 1000 ppb for 2 to 3 hours (ISA,
Figure 3.1–1). Increases in biological
markers of inflammation were not
observed consistently in healthy
animals at levels of less than 5000 ppb;
however, increased susceptibility (as
indicated by biochemical markers of
inflammation) to NO2 concentrations of
as low as 400 ppb was observed when
lung vitamin C was reduced (by diet) to
levels that were <50% of normal. The
few available epidemiologic studies
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were suggestive of an association
between ambient NO2 concentrations
and inflammatory response in the
airway in children, though the
associations were inconsistent in the
adult populations examined (ISA,
section 3.1.2 and 5.3.2.1). These data
provide some evidence for biological
plausibility and one potential
mechanism for other respiratory effects,
such as exacerbation of asthma
symptoms and increased emergency
department visits for asthma (ISA,
section 5.3.2.1).
f. Lung Function
Recent epidemiologic studies that
examined the association between
ambient NO2 concentrations and lung
function in children and adults have
produced inconsistent results (ISA,
sections 3.1.5.1 and 5.3.2.1). Controlled
human exposure studies generally did
not find direct effects of NO2 on lung
function in healthy adults at levels as
high as 4000 ppb (ISA, section 5.3.2.1).
For asthmatics, the direct effects of NO2
on lung function also have been
inconsistent at exposure concentrations
of less than 1000 ppb NO2.
g. Conclusions From the ISA
As noted previously, the ISA
concluded that the findings of
epidemiologic, controlled human
exposure, and animal toxicological
studies provide evidence that is
sufficient to infer a likely causal
relationship for respiratory effects
following short-term NO2 exposure
(ISA, sections 3.1.7 and 5.3.2.1). The
ISA (section 5.4) concluded that the
strongest evidence for an association
between NO2 exposure and adverse
human health effects comes from
epidemiologic studies of respiratory
symptoms, emergency department
visits, and hospital admissions. These
studies include panel and field studies,
studies that control for the effects of cooccurring pollutants, and studies
conducted in areas where the whole
distribution of ambient 24-hour average
NO2 concentrations was below the
current NAAQS level of 53 ppb (annual
average). With regard to this evidence,
the ISA concluded that NO2
epidemiologic studies provide ‘‘little
evidence of any effect threshold’’ (ISA,
section 5.3.2.9, p. 5–15). In studies that
have evaluated concentration-response
relationships, they appear linear within
the observed range of data (ISA, section
5.3.2.9).
Overall, the epidemiologic evidence
for respiratory effects has been
characterized in the ISA as consistent,
in that associations are reported in
studies conducted in numerous
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locations with a variety of
methodological approaches.
Considering this large body of
epidemiologic studies alone, the
findings have also been characterized as
coherent in that the studies report
associations with respiratory health
outcomes that are logically linked
together. In addition, a number of these
associations are statistically significant,
particularly the more precise effect
estimates (ISA, section 5.3.2.1). These
epidemiologic studies are supported by
evidence from toxicological and
controlled human exposure studies,
particularly those that evaluated airway
hyperresponsiveness in asthmatic
individuals (ISA, section 5.4). The ISA
concluded that together, the
epidemiologic and experimental data
sets form a plausible, consistent, and
coherent description of a relationship
between NO2 exposures and an array of
adverse respiratory health effects that
range from the onset of respiratory
symptoms to hospital admissions.
2. Other Effects With Short-Term
Exposure to NO2
a. Mortality
The ISA concluded that the
epidemiologic evidence is suggestive,
but not sufficient, to infer a causal
relationship between short-term
exposure to NO2 and all-cause and
cardiopulmonary-related mortality (ISA,
section 5.3.2.3). Results from several
large U.S. and European multicity
studies and a meta-analysis study
indicate positive associations between
ambient NO2 concentrations and the
risk of all-cause (nonaccidental)
mortality, with effect estimates ranging
from 0.5 to 3.6% excess risk in mortality
per standardized increment (20 ppb for
24-hour averaging time, 30 ppb for 1hour averaging time) (ISA, section 3.3.1,
Figure 3.3–2, section 5.3.2.3). In general,
the NO2 effect estimates were robust to
adjustment for co-pollutants. Both
cardiovascular and respiratory mortality
have been associated with increased
NO2 concentrations in epidemiologic
studies (ISA, Figure 3.3–3); however,
similar associations were observed for
other pollutants, including PM and SO2.
The range of risk estimates for excess
mortality is generally smaller than that
for other pollutants such as PM. In
addition, while NO2 exposure, alone or
in conjunction with other pollutants,
may contribute to increased mortality,
evaluation of the specificity of this
effect is difficult. Clinical studies
showing hematologic effects and animal
toxicological studies showing
biochemical, lung host defense,
permeability, and inflammation changes
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with short-term exposures to NO2
provide limited evidence of plausible
pathways by which risks of mortality
may be increased, but no coherent
picture is evident at this time (ISA,
section 5.3.2.3).
b. Cardiovascular Effects
The ISA concluded that the available
evidence on cardiovascular health
effects following short-term exposure to
NO2 is inadequate to infer the presence
or absence of a causal relationship at
this time (ISA, section 5.3.2.2). Evidence
from epidemiologic studies of heart rate
variability, repolarization changes, and
cardiac rhythm disorders among heart
patients with ischemic cardiac disease
are inconsistent (ISA, section 5.3.2.2). In
most studies, associations with PM were
found to be similar or stronger than
associations with NO2. Generally
positive associations between ambient
NO2 concentrations and hospital
admissions or emergency department
visits for cardiovascular disease have
been reported in single-pollutant
models (ISA, section 5.3.2.2); however,
most of these effect estimate values were
diminished in multi-pollutant models
that also contained CO and PM indices
(ISA, section 5.3.2.2). Mechanistic
evidence of a role for NO2 in the
development of cardiovascular diseases
from studies of biomarkers of
inflammation, cell adhesion,
coagulation, and thrombosis is lacking
(ISA, section 5.3.2.2). Furthermore, the
effects of NO2 on various hematological
parameters in animals are inconsistent
and, thus, provide little biological
plausibility for effects of NO2 on the
cardiovascular system (ISA, section
5.3.2.2).
3. Health Effects With Long-Term
Exposure to NO2
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a. Respiratory Morbidity
The ISA concluded that overall, the
epidemiologic and experimental
evidence is suggestive, but not
sufficient, to infer a causal relationship
between long-term NO2 exposure and
respiratory morbidity (ISA, section
5.3.2.4). The available database
evaluating the relationship between
respiratory illness in children and longterm exposures to NO2 has increased
since the 1996 review of the NO2
NAAQS. A number of epidemiologic
studies have examined the effects of
long-term exposure to NO2 and reported
positive associations with decrements in
lung function and partially irreversible
decrements in lung function growth
(ISA, section 3.4.1, Figures 3.4–1 and
3.4–2). Specifically, results from the
California-based Children’s Health
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Study, which evaluated NO2 exposures
in children over an 8-year period,
demonstrated deficits in lung function
growth (Gauderman et al., 2004). This
effect has also been observed in Mexico
City, Mexico (Rojas-Martinez et al.,
2007a,b) and in Oslo, Norway (Oftedal
et al., 2008), with decrements ranging
from 1 to 17.5 ml per 20-ppb increase
in annual NO2 concentration. Similar
associations have been found for PM,
O3, and proximity to traffic (<500 m),
though these studies did not report the
results of co-pollutant models. The high
correlation among traffic-related
pollutants makes it difficult to
accurately estimate independent effects
in these long-term exposure studies
(ISA, section 5.3.2.4). With regard to
asthma incidence and long-term NO2,
two major cohort studies, the Children’s
Health Study (Gauderman et al., 2005)
and a birth cohort study in the
Netherlands (Brauer et al., 2007),
observed significant associations.
However, several other studies failed to
find consistent associations between
long-term NO2 exposure and asthma
outcomes (ISA, section 5.3.2.4).
Similarly, epidemiologic studies
conducted in the United States and
Europe reported inconsistent results
regarding an association between longterm exposure to NO2 and respiratory
symptoms (ISA, sections 3.4.3 and
5.3.2.4). While some positive
associations were noted, a large number
of symptom outcomes were examined
and the results across specific outcomes
were inconsistent (ISA, section 5.3.2.4).
Animal toxicological studies may
provide biological plausibility for the
chronic effects of NO2 that have been
observed in epidemiologic studies (ISA,
sections 3.4.5 and 5.3.2.4). The main
biochemical targets of NO2 exposure
appear to be antioxidants, membrane
polyunsaturated fatty acids, and thiol
groups. NO2 effects include changes in
oxidant/antioxidant homeostasis and
chemical alterations of lipids and
proteins. Lipid peroxidation has been
observed at NO2 exposures as low as 40
ppb for 9 months and at exposures of
1200 ppb for 1 week, suggesting lower
effect thresholds with longer durations
of exposure. Other studies showed
decreases in formation of key
arachidonic acid metabolites in alveolar
macrophages following NO2 exposures
of 500 ppb. NO2 has been shown to
increase collagen synthesis rates at
concentrations as low as 500 ppb. This
could indicate increased total lung
collagen, which is associated with
pulmonary fibrosis, or increased
collagen turnover, which is associated
with remodeling of lung connective
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tissue. Morphological effects following
chronic NO2 exposures have been
identified in animal studies that link to
these increases in collagen synthesis
and may provide plausibility for the
deficits in lung function growth
described in epidemiologic studies of
long-term exposure to NO2 (ISA, section
3.4.5).
b. Mortality
The ISA concluded that the
epidemiologic evidence is inadequate to
infer the presence or absence of a causal
relationship between long-term
exposure to NO2 and mortality (ISA,
section 5.3.2.6). In the United States and
European cohort studies examining the
relationship between long-term
exposure to NO2 and mortality, results
have been inconsistent (ISA, section
5.3.2.6). Further, when associations
were suggested, they were not specific
to NO2 but also implicated PM and
other traffic indicators. The relatively
high correlations reported between NO2
and PM indices make it difficult to
interpret these observed associations at
this time (ISA, section 5.3.2.6).
c. Carcinogenic, Cardiovascular, and
Reproductive/Developmental Effects
The ISA concluded that the available
epidemiologic and toxicological
evidence is inadequate to infer the
presence or absence of a causal
relationship for carcinogenic,
cardiovascular, and reproductive and
developmental effects related to longterm NO2 exposure (ISA, section
5.3.2.5). Epidemiologic studies
conducted in Europe have shown an
association between long-term NO2
exposure and increased incidence of
cancer (ISA, section 5.3.2.5). However,
the animal toxicological studies have
provided no clear evidence that NO2
acts as a carcinogen (ISA, section
5.3.2.5). The very limited epidemiologic
and toxicological evidence do not
suggest that long-term exposure to NO2
has cardiovascular effects (ISA, section
5.3.2.5). The epidemiologic evidence is
not consistent for associations between
NO2 exposure and fetal growth
retardation; however, some evidence is
accumulating for effects on preterm
delivery (ISA, section 5.3.2.5). Scant
animal evidence supports a weak
association between NO2 exposure and
adverse birth outcomes and provides
little mechanistic information or
biological plausibility for the
epidemiologic findings.
4. NO2-Related Impacts on Public
Health
Specific groups within the general
population are likely at increased risk
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for suffering adverse effects from NO2
exposure. This could occur because they
are affected by lower levels of NO2 than
the general population (susceptibility),
because they experience a larger health
impact than the general population to a
given level of exposure (susceptibility),
and/or because they are exposed to
higher levels of NO2 than the general
population (vulnerability). The term
susceptibility generally encompasses
innate (e.g., genetic or developmental)
and/or acquired (e.g., age or disease)
factors that make individuals more
likely to experience effects with
exposure to pollutants. The severity of
health effects experienced by a
susceptible subgroup may be much
greater than that experienced by the
population at large. Factors that may
influence susceptibility to the effects of
air pollution include age (e.g., infants,
children, elderly); gender; race/
ethnicity; genetic factors; and preexisting disease/condition (e.g., obesity,
diabetes, respiratory disease, asthma,
chronic obstructive pulmonary disease
(COPD), cardiovascular disease, airway
hyperresponsiveness, respiratory
infection, adverse birth outcome) (ISA,
sections 4.3.1, 4.3.5, and 5.3.2.8). In
addition, certain groups may experience
relatively high exposure to NO2, thus
forming a potentially vulnerable
population (ISA, section 4.3.6). Factors
that may influence exposures and/or
susceptibility to air pollution include
socioeconomic status (SES), education
level, air conditioning use, proximity to
roadways, geographic location, level of
physical activity, and work environment
(e.g., indoor versus outdoor) (ISA,
section 4.3.5). The ISA discussed factors
that can confer susceptibility and/or
vulnerability to air pollution with most
of the discussion devoted to factors for
which NO2-specific evidence exists
(ISA, section 4.3). These factors are
discussed below.
a. Pre-Existing Disease
A number of health conditions have
been found to put individuals at greater
risk for adverse events following
exposure to air pollution. In general,
these include asthma, COPD, respiratory
infection, cardiac conduction disorders,
congestive heart failure (CHF), diabetes,
past myocardial infarction (MI), obesity,
coronary artery disease, low birth
weight/prematurity, and hypertension
(ISA, sections 4.3.1, 4.3.5, and 5.3.2.9).
In addition to these conditions,
epidemiologic evidence indicates that
individuals with bronchial or airway
hyperresponsiveness, as determined by
methacholine provocation, may be at
increased risk for experiencing
respiratory symptoms (ISA, section
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4.3.1). In considering NO2 specifically,
the ISA evaluated studies on asthmatics,
individuals with cardiopulmonary
disease, and diabetics (ISA, sections
4.3.1.1 and 4.3.1.2). These groups are
discussed in more detail below.
Epidemiologic and controlled human
exposure studies, supported by animal
toxicology studies, have provided
evidence for associations between NO2
exposure and respiratory effects in
asthmatics (ISA, section 4.3.1.1). The
ISA found evidence from epidemiologic
studies for an association between
ambient NO2 and children’s hospital
admissions, emergency department
visits, and calls to doctors for asthma.
Long-term NO2 exposure was associated
with aggravation of asthma effects that
include symptoms, medication use, and
lung function. Time-series studies
demonstrated a relationship in children
between hospital admissions or
emergency department visits for asthma
and ambient NO2 levels, even after
adjusting for co-pollutants such as PM
and CO (ISA, section 4.3.1.1). Important
evidence was available from
epidemiologic studies of indoor NO2
exposures. Recent studies have shown
associations with asthma attacks and
severity of virus-induced asthma (ISA,
section 4.3.1.1). In addition, in
controlled human exposure studies,
airway hyperresponsiveness in
asthmatics occurred following exposure
to ambient or near-ambient NO2
concentrations (ISA, sections 5.3.2.1–
5.3.2.6). Compared to asthma, less
evidence is available to support
cardiovascular disease as a mediator of
susceptibility to NO2. However, recent
epidemiologic studies report that
individuals with preexisting conditions
(e.g., including diabetes, CHF, prior MI)
may be at increased risk for adverse
cardiac health events associated with
ambient NO2 concentrations (ISA,
section 4.3.1.2). The small number of
controlled human exposure and animal
toxicological studies that have evaluated
cardiovascular endpoints provide only
limited supporting evidence for
susceptibility to NO2 in persons with
cardiovascular disease (ISA, section
4.3.1.2).
b. Age
The ISA identified infants, children
(i.e., <18 years of age), and older adults
(i.e., >65 years of age) as groups that are
potentially more susceptible than the
general population to the health effects
associated with ambient NO2
concentrations (ISA, section 4.3.2). The
ISA found evidence that associations of
NO2 with respiratory emergency
department visits and hospitalizations
were stronger among children and older
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adults, though not all studies had
comparable findings on this issue (ISA,
section 4.3.2). In addition, long-term
exposure studies suggest effects in
children that include impaired lung
function growth, increased respiratory
symptoms and infections, and onset of
asthma (ISA, section 3.4 and 4.3.2). In
some studies, associations between NO2
and hospitalizations or emergency
department visits for CVD have been
observed in elderly populations. Among
studies that observed positive
associations between NO2 and mortality,
a comparison indicated that, in general,
the elderly population was more
susceptible than the non-elderly
population to NO2 effects (ISA, section
4.3.2).
c. Genetics
As noted in the ISA (section 4.3.4),
genetic factors related to health
outcomes and ambient pollutant
exposures merit consideration. Several
criteria should be satisfied in selecting
and establishing useful links between
polymorphisms in candidate genes and
adverse respiratory effects. First, the
candidate gene must be significantly
involved in the pathogenesis of the
adverse effect of interest. Second,
polymorphisms in the gene must
produce a functional change in either
the protein product or in the level of
expression of the protein. Third, in
epidemiologic studies, the issue of
confounding by other environmental
exposures must be carefully considered
(ISA, section 4.3.4). Investigation of
genetic susceptibility to NO2 effects has
focused on the glutathione S-tranferase
(GST) gene. Several GST genes have
common, functionally-important alleles
that affect host defense in the lung (ISA,
section 4.3.4). GST genes are inducible
by electrophilic species (e.g., reactive
oxygen species) and individuals with
genotypes that result in enzymes with
reduced or absent peroxidase activity
are likely to have reduced defenses
against oxidative insult. This could
potentially result in increased
susceptibility to inhaled oxidants and
radicals. However, data on genetic
susceptibility to NO2 are only beginning
to emerge and, while it remains
plausible that there are genetic factors
that can influence health responses to
NO2, the few available studies do not
provide specific support for genetic
susceptibility to NO2 exposure (ISA,
section 4.3.4).
d. Gender
As reported in the ISA, a limited
number of NO2 studies have stratified
results by gender. The results of these
studies were mixed, and the ISA did not
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draw conclusions regarding the
potential for gender to confer
susceptibility to the effects of NO2 (ISA,
section 4.3.3).
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e. Proximity to Roadways
Certain groups may experience
relatively high exposure to NO2, thus
forming a potentially vulnerable
population. The ISA included
discussion of populations reported to
experience increased NO2 exposures on
or near roadways (ISA, section 4.3.6).
Large gradients in NOX concentrations
near roadways may lead to increased
exposures for individuals residing,
working, traveling, or attending school
in the vicinity of roadways. Many
studies find that indoor, personal, and
outdoor NO2 levels are strongly
associated with proximity to traffic or to
traffic density (ISA, section 4.3.6).
That adverse respiratory effects can be
associated with proximity to roadways
has been demonstrated in a number of
studies. For example, Gauderman and
colleagues (2007) reported reduced lung
function growth in children who lived
within 500 m of a freeway compared to
children who lived at least 1500 m from
a freeway. In a separate study,
Gauderman and colleagues (2005)
reported that the incidence of
physician-diagnosed asthma increased
with both increasing NO2
concentrations outside the child’s
residence and decreasing distance
between the child’s residence and a
major freeway.
In addition to those who live near
major roadways, individuals who spend
time commuting on major roadways can
also be exposed to relatively higher
concentrations of NO2 than the ones
reported at monitors away from the
roads. Due to high air exchange rates,
NO2 concentrations inside a vehicle can
rapidly approach ambient
concentrations on the roadway during
commuting (ISA, section 4.3.6). Mean
in-vehicle NO2 concentrations are often
between 2 and 3 times higher than
ambient levels measured at monitors
located away from the road (ISA, section
4.3.6). Due to the potential for high peak
exposures while driving, total personal
exposure could be underestimated if
exposures while commuting are not
considered. Therefore, individuals with
occupations that require them to be in
traffic or close to traffic (e.g., bus and
taxi drivers, highway patrol officers, toll
collectors) and individuals with long
commutes could be exposed to
relatively high levels of NO2 compared
to the ambient levels measured at fixedsite monitors located away from the
roadway.
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f. Socioeconomic Status
The ISA discussed evidence that SES
modifies the effects of air pollution
(section 4.3.6). Many recent studies
examined modification by SES
indicators on the association between
mortality and PM or other indices such
as traffic density, distance to roadway,
or a general air pollution index (ISA,
section 4.3.6). SES modification of NO2
associations has been examined in fewer
studies. However, in a study conducted
in Seoul, South Korea, community-level
SES indicators modified the association
of air pollution with emergency
department visits for asthma. Of the five
criteria air pollutants evaluated, NO2
showed the strongest association in
lower SES districts compared to high
SES districts (Kim et al., 2007). In
addition, Clougherty et al. (2007)
evaluated exposure to violence (a
potential surrogate for SES) as a
modifier of the effect of traffic-related
air pollutants, including NO2, on
childhood asthma. The authors reported
an elevated risk of asthma with an
increase in NO2 exposure solely among
children with above-median exposure to
violence in their neighborhoods (ISA,
section 4.3.6). Although these recent
studies have evaluated the impact of
SES on vulnerability to NO2, they are
too few in number to draw definitive
conclusions (ISA, section 5.3.2.8).
g. Size of the At-Risk Population
The population potentially affected by
NO2 is large. A considerable fraction of
the population resides, works, or
attends school near major roadways,
and these individuals are likely to have
increased exposure to NO2 (ISA, section
4.4). Based on data from the 2003
American Housing Survey,
approximately 36 million individuals
live within 300 feet (∼90 meters) of a
four-lane highway, railroad, or airport
(ISA, section 4.4).8 Furthermore, in
California, 2.3% of schools with a total
enrollment of more than 150,000
students were located within
approximately 500 feet of high-traffic
roads, with a higher proportion of nonwhite and economically disadvantaged
8 The most current American Housing Survey
(https://www.census.gov/hhes/www/housing/ahs/
ahs.html) is from 2007 and lists a higher fraction
of housing units within the 300 foot boundary than
do prior surveys. According to Table IA–6 from that
report (https://www.census.gov/hhes/www/housing/
ahs/ahs07/tab1a–6.pdf), out of 128,303,000 total
housing units in the United States, 20,016,000 were
reported by the surveyed occupant or landlord as
being within 300 feet of a 4-or-more lane highway,
railroad, or airport. That constitutes 15.613% of the
total housing units in the U.S. Assuming equal
distributions, with a current population of
306,330,199, that means that there would be 47.8
million people meeting the 300 foot criteria.
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students attending those schools (ISA,
section 4.4). Of this population,
asthmatics and members of other
susceptible groups discussed above will
have even greater risks of experiencing
health effects related to NO2 exposure.
In the United States, approximately
10% of adults and 13% of children have
been diagnosed with asthma, and 6% of
adults have been diagnosed with COPD
(ISA, section 4.4). The prevalence and
severity of asthma is higher among
certain ethnic or racial groups such as
Puerto Ricans, American Indians,
Alaskan Natives, and African Americans
(ISA, section 4.4). A higher prevalence
of asthma among persons of lower SES
and an excess burden of asthma
hospitalizations and mortality in
minority and inner-city communities
have been observed (ISA, section 4.4). In
addition, based on U.S. census data
from 2000, about 72.3 million (26%) of
the U.S. population are under 18 years
of age, 18.3 million (7.4%) are under 5
years of age, and 35 million (12%) are
65 years of age or older. Therefore, large
portions of the U.S. population are in
age groups that are likely at-risk for
health effects associated with exposure
to ambient NO2. The size of the
potentially at-risk population suggests
that exposure to ambient NO2 could
have a significant impact on public
health in the United States.
C. Human Exposure and Health Risk
Characterization
To put judgments about NO2associated health effects into a broader
public health context, EPA has drawn
upon the results of the quantitative
exposure and risk assessments.
Judgments reflecting the nature of the
evidence and the overall weight of the
evidence are taken into consideration in
these quantitative exposure and risk
assessments, discussed below. These
assessments provide estimates of the
likelihood that asthmatic individuals
would experience exposures of potential
concern and estimates of the incidence
of NO2-associated respiratory emergency
department visits under varying air
quality scenarios (e.g., just meeting the
current or alternative standards), as well
as characterizations of the kind and
degree of uncertainties inherent in such
estimates.
This section describes the approach
taken in the REA to characterize NO2related exposures and health risks.
Goals of the REA included estimating
short-term exposures and potential
human health risks associated with (1)
recent levels of ambient NO2; (2) NO2
levels adjusted to simulate just meeting
the current standard; and (3) NO2 levels
adjusted to simulate just meeting
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potential alternative standards. This
section discusses the scientific evidence
from the ISA that was used as the basis
for the risk characterization (II.C.1), the
approaches used in characterizing
exposures and risks (II.C.2), and
important uncertainties associated with
these analyses (II.C.3). The results of the
exposure and risk analyses, as they
relate to the current and potential
alternative standards, are discussed in
subsequent sections of this proposal
(sections II.E and II.F, respectively).
1. Evidence Base for the Risk
Characterization
For purposes of the quantitative
characterization of NO2 health risks, the
REA determined that it was appropriate
to focus on endpoints for which the ISA
concluded that the available evidence is
sufficient to infer either a causal or a
likely causal relationship. This was
generally consistent with judgments
made in other recent NAAQS reviews
(e.g., see EPA, 2005).
As noted above in section II.A, the
only health effect category for which the
evidence was judged in the ISA to be
sufficient to infer either a causal or a
likely causal relationship is respiratory
morbidity following short-term NO2
exposure. Therefore, for purposes of
characterizing health risks associated
with NO2, the REA focused on
respiratory morbidity endpoints that
have been associated with short-term
NO2 exposures. Other health effects
(e.g., those associated with long-term
exposures) are considered as part of the
evidence-based evaluation of potential
alternative standards (see section II.F.2).
In evaluating the appropriateness of
specific endpoints for use in the NO2
risk characterization, the REA
considered both epidemiologic and
controlled human exposure studies.
When evaluating epidemiologic
studies as to their appropriateness for
use as the basis for a quantitative risk
assessment, the REA considered several
factors. First, the REA concluded that
studies conducted in the United States
are preferable to those conducted
outside the United States given the
potential for effect estimates to be
impacted by factors such as the ambient
pollutant mix, the placement of
monitors, activity patterns of the
population, and characteristics of the
healthcare system. Second, the REA
concluded that studies of ambient NO2
are preferable to those of indoor NO2,
which focus on individuals exposed to
NO2 from indoor sources. These indoor
sources can result in exposure patterns,
NO2 levels, and co-pollutants that are
different from those typically associated
with ambient NO2. Therefore, although
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indoor studies made important
contributions to the evidence base for
causality judgments in the ISA, the
preferred approach for conducting a
quantitative risk assessment based on
the epidemiologic literature to inform
decisions regarding an ambient NO2
standard is to consider studies of
ambient NO2. Third, the REA concluded
that it was appropriate to focus on
studies of emergency department visits
and hospital admissions given the clear
public health significance of these
endpoints and the availability of
baseline incidence data. Finally, the
REA concluded that it was appropriate
to focus on studies that evaluated NO2
health effect associations using both
single- and multi-pollutant models.
Taking these factors into consideration,
the epidemiology-based risk assessment
in the REA focused on the study
conducted in Atlanta, Georgia by
Tolbert et al. (2007). This assessment is
described in more detail in the REA
(chapter 9).
In identifying health endpoints from
controlled human exposure studies on
which to focus the characterization of
NO2 health risks, the REA concluded
that it was appropriate to focus on
endpoints that occur at or near ambient
levels of NO2 and endpoints that may be
important from a public health
perspective. Controlled human exposure
studies have addressed the
consequences of short-term (e.g., 30minutes to several hours) NO2
exposures for a number of health
endpoints including airway
responsiveness, host defense and
immunity, inflammation, and lung
function (ISA, section 3.1). With regard
to the NO2 levels at which different
effects have been documented, the ISA
concluded: (1) In asthmatics NO2 may
increase the allergen-induced airway
inflammatory response at exposures as
low as 260 ppb for 30 min (ISA, Figure
3.1–2), and NO2 exposures between 200
and 300 ppb for 30 minutes or 100 ppb
for 60-minutes can result in small, but
significant, increases in nonspecific
airway responsiveness (ISA, section
5.3.2.1); (2) limited evidence indicates
that NO2 may increase susceptibility to
injury by subsequent viral challenge
following exposures of 600–1500 ppb
for 3 hours; (3) evidence exists for
increased airway inflammation at NO2
concentrations less than 2000 ppb; and
(4) the direct effects of NO2 on lung
function in asthmatics have been
inconsistent at exposure concentrations
below 1000 ppb (ISA, section 5.3.2.1).
Therefore, of the health effects caused
by NO2 in controlled human exposure
studies, the only effect identified by the
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ISA to occur at or near ambient levels
is increased airway responsiveness in
asthmatics.
The REA concluded that airway
responsiveness in the asthmatic
population is an appropriate focus for
the risk characterization for several
reasons. First, the ISA concluded that
‘‘persons with preexisting pulmonary
conditions are likely at greater risk from
ambient NO2 exposures than the general
public, with the most extensive
evidence available for asthmatics as a
potentially susceptible group’’ (ISA,
section 5.3.2.8). Second, when
discussing the clinical significance of
NO2-related airway
hyperresponsiveness in asthmatics, the
ISA concluded that ‘‘transient increases
in airway responsiveness following NO2
exposure have the potential to increase
symptoms and worsen asthma control’’
(ISA, sections 3.1.3 and 5.4). That this
effect could have public health
implications is suggested by the large
size of the asthmatic population in the
United States (ISA, Table 4.4–1). Third,
NO2 effects on airway responsiveness in
asthmatics are part of the body of
experimental evidence that provides
plausibility and coherence for the
effects observed on hospital admissions
and emergency department visits in
epidemiologic studies (ISA, section
5.3.2.1). As a result of these
considerations, of the endpoints from
controlled human exposure studies, the
REA focused on airway responsiveness
in asthmatics for purposes of
quantifying risks associated with
ambient NO2 (see below).
Because many of the studies of airway
responsiveness evaluated only a single
level of NO2 and because of
methodological differences between the
studies, the data are not sufficient to
derive an exposure-response
relationship in the range of interest.
Therefore, the REA concluded that the
most appropriate approach to
characterizing risks based on the
controlled human exposure evidence for
airway responsiveness was to compare
estimated NO2 air quality and exposure
levels with potential health effect
benchmark levels. In this review, the
term ‘‘exposures of potential concern’’ is
defined as personal exposures to 1-hour
ambient NO2 concentrations at and
above specific benchmark levels.
Benchmark levels represent NO2
exposure concentrations reported to
increase airway responsiveness in most
asthmatics, as discussed above in
section II.B.1.d. Although the analysis of
exposures of potential concern was
conducted using discrete benchmark
levels (i.e., 100, 150, 200, 250, 300 ppb),
EPA recognizes that there is no sharp
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breakpoint within the continuum
ranging from at and above 300 ppb
down to 100 ppb. In considering the
concept of exposures of potential
concern, it is important to balance
concerns about the potential for health
effects and their severity with the
increasing uncertainty associated with
our understanding of the likelihood of
such effects at lower NO2 levels. Within
the context of this continuum, estimates
of exposures of potential concern at
discrete benchmark levels provide some
perspective on the potential public
health impacts of NO2-related health
effects that have been demonstrated in
controlled human exposure studies but
cannot be evaluated in quantitative risk
assessments (i.e., increased airway
responsiveness). They also help in
understanding the extent to which such
impacts could change by just meeting
the current and potential alternative
standards.
The NO2-related increase in airway
responsiveness is plausibly linked to the
NO2-associated morbidity reported in
epidemiologic studies (e.g., increased
respiratory symptoms, emergency
department visits and hospital
admissions). However, estimates of the
number of asthmatics likely to
experience exposures of potential
concern cannot be translated directly
into quantitative estimates of the
number of people likely to experience
specific health effects, since sufficient
information to draw such comparisons
is not available. Due to individual
variability in responsiveness, only a
subset of asthmatics exposed at and
above a specific benchmark level can be
expected to experience health effects.
The amount of weight to place on the
estimates of exposures of potential
concern at any of these benchmark
levels depends in part on the weight of
the scientific evidence concerning
health effects associated with NO2
exposures at and above that benchmark
level. It also depends on judgments
about the importance from a public
health perspective of the health effects
that are known or can reasonably be
inferred to occur as a result of exposures
at and above the benchmark level. Such
public health policy judgments are
embodied in the NAAQS standard
setting criteria (i.e., standards that, in
the judgment of the Administrator, are
requisite to protect public health with
an adequate margin of safety).
2. Overview of Approaches
As noted above, the purpose of the
assessments described in the REA was
to characterize air quality, exposures,
and health risks associated with recent
ambient levels of NO2, with NO2 levels
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that could be associated with just
meeting the current NO2 NAAQS, and
with NO2 levels that could be associated
with just meeting potential alternative
standards. To characterize health risks,
we employed three approaches in the
REA. In the first approach, for each air
quality scenario, NO2 concentrations at
fixed-site monitors and simulated
concentrations on/near roadways were
compared to potential health effect
benchmark values derived from the
controlled human exposure literature. In
the second approach, modeled estimates
of actual exposures in asthmatics were
compared to potential health effect
benchmarks. In the third approach,
concentration-response relationships
from an epidemiologic study were used
in conjunction with baseline incidence
data and recent or simulated ambient
concentrations to estimate health
impacts. An overview of the approaches
to characterizing health risks is
provided below and each approach has
been described in more detail in the
REA (chapters 6 through 9).
In the first approach, we compared
ambient NO2 concentrations with
potential health effect benchmark levels
for NO2. The ambient NO2
concentrations used in these analyses
were based on those measured at
monitors in the current NO2 monitoring
network. These monitored
concentrations were compared to
benchmark levels directly and were also
used, in conjunction with literaturederived characterizations of the NO2
concentration gradient around
roadways, as the basis for estimating
NO2 concentrations on/near roadways.
Scenario-driven air quality analyses
were performed using ambient NO2
concentrations for the years 1995
though 2006. With this approach, NO2
air quality serves as a surrogate for
exposure. All U.S. monitoring sites
where NO2 data have been collected,
and that met completeness criteria
(REA, chapter 7), were represented by
this analysis. As such, the results
generated were considered a broad
characterization of national air quality
and human exposures that might be
associated with these concentrations.
An advantage of this approach is its
relative simplicity; however, there is
uncertainty associated with the
assumption that NO2 air quality can
serve as an adequate surrogate for total
exposure to ambient NO2. Actual
exposures might be influenced by
factors not considered by this approach,
including small scale spatial variability
in ambient NO2 concentrations (which
might not be captured by the network of
fixed-site ambient monitors) and
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spatial/temporal variability in human
activity patterns.
In the second approach, we used an
inhalation exposure model to generate
more realistic estimates of personal
exposures in asthmatics (REA, chapter 8
for more detail on this assessment). This
analysis estimated temporally and
spatially variable ambient NO2
concentrations and simulated human
contact with these pollutant
concentrations. The approach was
designed to incorporate exposures that
are not necessarily captured by the
existing ambient monitoring data,
including those that occur on or near
roadways. AERMOD, an EPA dispersion
model, was used to estimate 1-hour
ambient NO2 concentrations using
emissions estimates from stationary and
on-road mobile sources.9 The Air
Pollutants Exposure (APEX) model, an
EPA human exposure model, was then
used to estimate population exposures
using the hourly census block level NO2
concentrations estimated by AERMOD.
A probabilistic approach was used to
model individual exposures considering
the time people spend in different
microenvironments and the variable
NO2 concentrations that occur within
these microenvironments across time,
space, and microenvironment type.
Estimates of personal exposure were
compared to potential NO2 health
benchmark levels. This approach to
assessing exposures was more resource
intensive than using ambient levels as a
surrogate for exposure; therefore, the
final REA included the analysis of only
one specific location in the U.S. (Atlanta
MSA). Although the geographic scope of
this analysis was restricted, the
approach provided estimates of NO2
exposures in asthmatics in Atlanta,
particularly those exposures associated
with important emission sources of
NOX, and the analysis served to
complement the broad air quality
characterization.
For the characterization of risks in
both the air quality analysis and the
exposure modeling analysis described
above, the REA used a range of shortterm potential health effect benchmarks.
As noted above, the levels of potential
benchmarks are based on NO2 exposure
levels that have been associated with
increased airway responsiveness in
asthmatics in controlled human
exposure studies (ISA, section 5.3.2.1).
Benchmark values of 100, 150, 200, 250,
and 300 ppb were compared to both
NO2 air quality levels and to estimates
of NO2 exposure in asthmatics. When
9 Estimated emissions from Hartsfield
International Airport in Atlanta, a non-road mobile
source, were also included in this analysis.
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NO2 air quality was used as a surrogate
for exposure, the output of the analysis
was an estimate of the number of times
per year specific locations experience 1hour levels of NO2 that exceed a
particular benchmark. When personal
exposures were simulated, the output of
the analysis was an estimate of the
number of asthmatics at risk for
experiencing daily maximum 1-hour
levels of NO2 of ambient origin that
exceed a particular benchmark. An
advantage of using the benchmark
approach to characterize health risks is
that the effects observed in controlled
human exposure studies clearly result
from NO2 exposure. A disadvantage of
this approach is that the magnitude of
the NO2 effect on airway responsiveness
can vary considerably from individual
to individual and not all asthmatics
would be expected to respond to the
same levels of NO2 exposure. Therefore,
the public health impacts of NO2induced airway hyperresponsiveness
are difficult to quantify.
In the third approach, we estimated
respiratory emergency department visits
as a function of ambient levels of NO2
measured at a fixed-site monitor
representing ambient air quality for an
urban area. In this approach,
concentration-response functions from
an epidemiologic study (Tolbert et al.,
2007) were used, in combination with
baseline incidence data for respiratory
emergency department visits in the
Atlanta area and ambient NO2
monitoring data, to estimate the impact
on emergency department visits of
ambient levels of NO2. Compared to the
risk characterization based on the air
quality and exposure analyses described
above, this approach to characterizing
health risks has several advantages. For
example, the public health significance
of respiratory emergency department
visits is less ambiguous, in terms of its
impact on individuals, than is an
increase of unknown magnitude in the
airway response. In addition, the
concentration-response relationship
reflects real-world levels of NO2 and copollutants present in ambient air.
However, as noted previously, a
disadvantage of this approach is the
ambiguity and complexity associated
with quantifying the contribution of
NO2 to emergency department visits
relative to the contributions of cooccurring pollutants.
3. Key Limitations and Uncertainties
A number of key uncertainties should
be considered when interpreting the
results of these analyses. While the air
quality, exposure, and quantitative risk
analyses are each associated with
unique uncertainties, they also share
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some uncertainties in common.
Important uncertainties shared by these
analyses, as well as uncertainties
specifically associated with the air
quality, exposure, and risk analyses, are
discussed below.
In order to simulate just meeting the
current annual standard and many of
the alternative 1-hour standards
analyzed, an adjustment (either upward
or downward) of recent ambient NO2
concentrations was required. As noted
in the REA, an upward adjustment does
not reflect a judgment that levels of NO2
are likely to increase across the country
or in any specific location under the
current standard or any of the potential
alternative standards. However, it does
acknowledge that, under the current
standard and some of the alternative
standards evaluated, an increase in NO2
concentrations would be permitted. The
benefit of these air quality adjustments
is that they can inform consideration of
the current and alternative standards by
providing estimates of health risks that
could be associated with ambient air
quality levels that just meet these
standards. In adjusting air quality to
simulate just meeting these standards,
the analyses in the REA assumed that
the overall shape of the distribution of
NO2 concentrations in an area would
not change. While the REA concluded
that this is a reasonable assumption in
the absence of evidence supporting a
different distribution, and while
available analyses support this approach
(Rizzo, 2008), the REA recognized this
as an important uncertainty. It may be
an especially important uncertainty for
those scenarios where considerable
adjustment is required to simulate just
meeting one or more of the standards
(REA, section 8.12).
In addition, simulation of just meeting
different alternative standards was
achieved by adjusting NO2
concentrations at monitors in the
current area-wide network. Therefore,
resulting estimates of the potential
public health implications of different
decisions are most directly relevant to a
standard focused specifically on the
area-wide NO2 concentrations that are
the primary target of the current
monitoring network. However, as
discussed below (sections II.F.4.e and
III), with this notice the Administrator
is proposing to establish a standard
focused specifically on the peak
concentrations to which individuals can
be exposed from on-road mobile source
emissions on or near major roadways
and to support such a standard with a
monitoring network that includes
monitors placed near major roadways.
This proposed shift in the monitoring
network introduces uncertainty in the
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extent to which the exposure and risk
analyses presented in the REA can
directly inform decisions on the
proposed standard.
In addition to the general
uncertainties discussed above, some
uncertainties are specific to the air
quality analyses. In order to estimate
ambient NO2 concentrations on or near
roadways in the air quality analyses, the
REA used empirically-derived
relationships between ambient
concentrations measured at fixed-site
monitors in the current NO2 monitoring
network and on/near-road
concentrations. The data used to
develop the relationships were likely
collected under different conditions
(e.g., different meteorological conditions
which can affect important parameters
in this relationship, such as the
production of NO2 from NO). The REA
noted that the extent to which these
conditions are representative of the
times and places included in our
analyses is unknown. Therefore, there is
uncertainty in the degree to which the
relationships used to estimate on/nearroad NO2 concentrations reflect the
actual relationship in the locations and
over the time periods of interest.
Potential health benchmark levels
used in the air quality analyses were
based largely on a meta-analysis (ISA,
Table 3.1–3) of controlled human
exposure studies of airway
hyperresponsiveness. One important
source of uncertainty with regard to this
approach is that controlled human
exposure studies have typically
involved volunteers with mild asthma.
Data are lacking for more severely
affected asthmatics, who may be more
susceptible (ISA, section 3.1.3.2). As a
result, the potential health effect
benchmarks could underestimate risks
in populations with greater
susceptibility. While approaches to
classifying asthma severity differ, some
estimates indicate that over half of
asthmatics could be classified as
moderate or severe (Fuhlbrigge et al.,
2002; Stout et al., 2006). A second
important source of uncertainty with
regard to this approach is that the metaanalysis showed increased airway
responsiveness in asthmatics at the
lowest NO2 level for which data were
available (i.e. 100 ppb). Controlled
human exposure studies have not
evaluated the possibility of NO2 effects
on airway responsiveness in asthmatics
at exposure concentrations below 100
ppb. A third important source of
uncertainty associated with this
approach is that the meta-analysis
provided information on the direction of
the NO2-induced airway response, but
not on the magnitude of the response.
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Therefore, although the ISA did
conclude that increased airway
responsiveness associated with NO2
exposure could increase symptoms and
worsen asthma control (ISA, section
5.4), the full public health implications
of benchmark exceedances are
uncertain.
The Atlanta exposure assessment was
also associated with a number of key
uncertainties that should be considered
when interpreting the results with
regard to decisions on the standard.
Some of these uncertainties, including
those associated with benchmark levels,
were shared with the air quality
analyses. Additional uncertainties
associated specifically with the Atlanta
exposure assessment are discussed
briefly below.
When compared to ambient
measurement data, predicted upper
percentile NO2 concentrations may be
10–50% higher. Because these predicted
concentrations are used as inputs for the
exposure modeling, this suggests the
possibility that the exposure assessment
is over-predicting upper percentile NO2
exposures. Other approaches used to
evaluate exposure results (i.e.,
comparison to personal exposure
monitoring results and comparison of
exposure-to-ambient concentration
ratios with those identified in the ISA)
have suggested that exposure estimates
are reasonable. However, the possibility
cannot be ruled out that benchmark
exceedances are over-predicted in the
Atlanta exposure analysis.
The exposure assessment was limited
to Atlanta and the extent to which these
results are representative of other
locations in the U.S. is uncertain. The
REA (section 8.11) concluded that the
Atlanta exposure estimates are likely
representative of other moderate to large
urban areas. However, the REA also
recognized that, given the greater
proximity of the population to mobile
sources in large urban areas such as Los
Angeles, New York, and Chicago (see
REA, Tables 8–14 and 8–15), the
estimates of benchmark exceedances in
Atlanta may be smaller than in these
larger cities.
A number of key uncertainties should
also be considered when interpreting
the results of the Atlanta risk
assessment with regard to decisions on
the standard. Some of these, including
the appropriateness of generalizing
results from Atlanta, are shared with the
Atlanta exposure assessment.
Additional uncertainties associated
specifically with the Atlanta risk
assessment are discussed briefly below.
There is uncertainty about whether
the association between NO2 and
emergency department visits actually
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reflects a causal relationship across the
range of daily and hourly concentration
levels in the epidemiologic studies. The
ISA (section 5.4, p. 5–15) noted that
when interpreting the NO2
epidemiologic results, ‘‘It is difficult to
determine * * * the extent to which
NO2 is independently associated with
respiratory effects or if NO2 is a marker
for the effects of another traffic-related
pollutant or mix of pollutants (see
section 5.2.2 for more details on
exposure issues). A factor contributing
to uncertainty in estimating the NO2related effect from epidemiologic
studies is that NO2 is a component of a
complex air pollution mixture from
traffic related sources that include CO
and various forms of PM.’’ This
uncertainty should be considered when
interpreting the quantitative NO2 risk
estimates based on the Atlanta
epidemiologic study. However, in
discussing these uncertainties, the ISA
(section 5.4, p. 5–16) concluded that,
‘‘Although this complicates the efforts
to disentangle specific NO2-related
health effects, the evidence summarized
in this assessment indicates that NO2
associations generally remain robust in
multi-pollutant models and supports a
direct effect of short-term NO2 exposure
on respiratory morbidity at ambient
concentrations below the current
NAAQS. The robustness of
epidemiologic findings to adjustment
for co-pollutants, coupled with data
from animal and human experimental
studies, support a determination that
the relationship between NO2 and
respiratory morbidity is likely causal,
while still recognizing the relationship
between NO2 and other traffic-related
pollutants.’’
A related uncertainty is that
associated with the estimated NO2
coefficient in the concentrationresponse function. This coefficient has
been characterized by confidence
intervals reflecting sample size.
However, these confidence intervals do
not reflect all of the uncertainties
related to the concentration-response
functions, such as whether or not the
model used in the epidemiologic study
is the correct model form. Concerning
the possible role of co-pollutants in the
Tolbert et al. (2007) study, singlepollutant models may produce
overestimates of the NO2 effects if some
of those effects are really due in whole
or part to one or more of the other
pollutants. On the other hand, effect
estimates based on multi-pollutant
models can be uncertain, and can result
in statistically non-significant estimates
where a true relationship exists, if the
co-pollutants included in the model are
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highly correlated with NO2. As a result
of these considerations, we report risk
estimates based on both the single- and
multi-pollutant models from Tolbert et
al. (2007).
D. Considerations in Review of the
Standard
This section presents the integrative
synthesis of the evidence and
information contained in the ISA and
the REA with regard to the current and
potential alternative standards. EPA
notes that the final decision on retaining
or revising the current primary NO2
standard is a public health policy
judgment to be made by the
Administrator. This judgment will be
informed by a recognition that the
available health effects evidence reflects
a continuum consisting of ambient
levels of NO2 at which scientists
generally agree that health effects are
likely to occur, through lower levels at
which the likelihood and magnitude of
the response become increasingly
uncertain. The Administrator’s final
decision will draw upon scientific
information and analyses related to
health effects, population exposures,
and risks; judgments about the
appropriate response to the range of
uncertainties that are inherent in the
scientific evidence and analyses; and
comments received in response to this
proposal.
1. Background on the Current Standard
The current standard, which is an
annual average of 0.053 ppm (53 ppb),
was retained by the Administrator in the
most recent review in 1996 (61 FR
52854 (October 8, 1996)). The decision
in that review to retain the annual
standard was based on consideration of
available scientific evidence for health
effects associated with NO2 and on air
quality information. With regard to
these considerations, the Administrator
noted that ‘‘a 0.053 ppm annual
standard would keep annual NO2
concentrations considerably below the
long-term levels for which serious
chronic effects have been observed in
animals’’ and that ‘‘[r]etaining the
existing standard would also provide
protection against short-term peak NO2
concentrations at the levels associated
with mild changes in pulmonary
function and airway responsiveness
observed in controlled human studies’’
(60 FR 52874, 52880 (Oct. 11, 1995)). As
a result, the Administrator concluded
that ‘‘the existing annual primary
standard appears to be both adequate
and necessary to protect human health
against both long- and short-term NO2
exposures’’ and that ‘‘retaining the
existing annual standard is consistent
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with the scientific data assessed in the
Criteria Document (EPA, 1993) and the
Staff Paper (EPA, 1995) and with the
advice and recommendations of
CASAC’’ (61 FR 52852 at 52854).
As noted previously, the 1993 AQCD
concluded that there were two key
health effects of greatest concern at
ambient or near-ambient levels of NO2:
increased airway responsiveness in
asthmatic individuals after short-term
exposures and increased occurrence of
respiratory illness in children with
longer-term exposures. Evidence also
was found for increased risk of
emphysema, but this was of major
concern only with exposures to levels of
NO2 much higher than then-current
ambient concentrations. The evidence
regarding airway responsiveness was
drawn largely from controlled human
exposure studies. The evidence for
respiratory illness was drawn from
epidemiologic studies that reported
associations between respiratory
symptoms and indoor exposures to NO2
in people living in homes with gas
stoves. The biological plausibility of the
epidemiologic results was supported by
toxicological studies that detected
changes in lung host defenses following
NO2 exposure. Subpopulations
considered potentially more susceptible
to the effects of NO2 included
individuals with preexisting respiratory
disease, children, and the elderly.
In that review, health risks were
characterized by comparing ambient
monitoring data, which were used as a
surrogate for exposure, with potential
health benchmark levels identified from
controlled human exposure studies. At
the time of the review, a meta-analysis
of controlled human exposure studies
indicated the possibility for adverse
health effects due to short-term (e.g., 1hour) exposures between 200 ppb and
300 ppb NO2. Therefore, the focus of the
assessment was on the potential for
short-term (i.e., 1-hour) exposures to
NO2 levels above potential health
benchmarks in this range. The
assessment used monitoring data from
the years 1988–1992 and screened for
sites with one or more hourly
exceedances of potential short-term
health effect benchmarks. Predictive
models were then constructed to relate
the frequency of hourly concentrations
above short-term health effect
benchmarks to a range of annual average
concentrations, including the current
standard. Based on the results of this
analysis, both CASAC (Wolff, 1995) and
the Administrator (60 FR 52874)
concluded that the minimal occurrence
of short-term peak concentrations at or
above a potential health effect
benchmark of 200 ppb (1-hour average)
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indicated that the existing annual
standard would provide adequate health
protection against short-term exposures.
This conclusion, combined with the
conclusion that the current annual
standard would maintain annual
average levels well-below those
associated with serious effects in animal
toxicological studies, formed a large part
of the basis for the decision in the 1996
review to retain the existing annual
standard.
2. Approach for Reviewing the Need To
Retain or Revise the Current Standard
The decision in the present review on
whether the current annual standard is
requisite to protect public health with
an adequate margin of safety will be
informed by a number of scientific
studies and analyses that were not
available in the 1996 review.
Specifically, as discussed above (section
II), a large number of epidemiologic
studies have been published since the
1996 review. Many of these studies
evaluate associations between NO2 and
adverse respiratory endpoints (e.g.,
respiratory symptoms, emergency
department visits, hospital admissions)
in locations where annual average NO2
concentrations are well-below the level
allowed by the current standard (53
ppb). In addition, the meta-analysis of
controlled human exposure studies has
been updated for this review to include
information on additional exposure
concentrations. Finally, the REA
described estimates of NO2-associated
health risks that could be present in
locations that just meet the current
annual standard. These types of risk
estimates were not available in the last
review. The approach for considering
this scientific evidence and exposure/
risk information is discussed below.
To evaluate whether the current
primary NO2 standard is adequate or
whether consideration of revisions is
appropriate, EPA is using an approach
in this review that has been described
in chapter 10 of the REA. The approach
outlined in the REA builds upon the
approaches used in reviews of other
criteria pollutants, including the most
recent reviews of the Pb, O3, and PM
NAAQS (EPA, 2007d; EPA, 2007e; EPA,
2005), and reflects the body of evidence
and information that is currently
available. As in other recent reviews,
EPA’s considerations will include the
implications of placing more or less
weight or emphasis on different aspects
of the scientific evidence and the
exposure/risk-based information,
recognizing that the weight to be given
to various elements of the evidence and
exposure/risk information is part of the
public health policy judgments that the
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Administrator will make in reaching
decisions on the standard.
A series of general questions frames
this approach to considering the
scientific evidence and exposure-/riskbased information. First, EPA’s
consideration of the scientific evidence
and exposure/risk information with
regard to the adequacy of the current
standard is framed by the following
questions:
• To what extent does evidence that has
become available since the last review
reinforce or call into question evidence for
NO2-associated effects that were identified in
the last review?
• To what extent has evidence for different
health effects and/or sensitive populations
become available since the last review?
• To what extent have uncertainties
identified in the last review been reduced
and/or have new uncertainties emerged?
• To what extent does evidence and
exposure-/risk-based information that has
become available since the last review
reinforce or call into question any of the
basic elements of the current standard?
To the extent that the available
evidence and exposure-/risk-based
information suggests it may be
appropriate to consider revision of the
current standard, EPA considers that
evidence and information with regard to
its support for consideration of a
standard that is either more or less
protective than the current standard.
This evaluation is framed by the
following questions:
• Is there evidence that associations,
especially causal or likely causal
associations, extend to ambient NO2
concentrations as low as, or lower than, the
concentrations that have previously been
associated with health effects? If so, what are
the important uncertainties associated with
that evidence?
• Are exposures above benchmark levels
and/or health risks estimated to occur in
areas that meet the current standard? If so,
are the estimated exposures and health risks
important from a public health perspective?
What are the important uncertainties
associated with the estimated risks?
To the extent that there is support for
consideration of a revised standard, EPA
then considers the specific elements of
the standard (indicator, averaging time,
form, and level) within the context of
the currently available information. In
so doing, the Agency addresses the
following questions:
• Does the evidence provide support for
considering a different indicator for gaseous
NOX?
• Does the evidence provide support for
considering different averaging times?
• What ranges of levels and forms of
alternative standards are supported by the
evidence, and what are the associated
uncertainties and limitations?
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• To what extent do specific averaging
times, levels, and forms of alternative
standards reduce the estimated exposures
above benchmark levels and risks attributable
to NO2, and what are the uncertainties
associated with the estimated exposure and
risk reductions?
The questions outlined above have
been addressed in the REA. The
following sections present
considerations regarding the adequacy
of the current standard and potential
alternative standards, as discussed in
chapter 10 of the REA, in terms of
indicator, averaging time, form, and
level.
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E. Adequacy of the Current Standard
In considering the adequacy of the
current standard, the policy assessment
chapter of the REA considered the
scientific evidence assessed in the ISA
and the quantitative exposure- and riskbased information presented in the REA.
A summary of this evidence and
information as well as CASAC
recommendations and the
Administrator’s conclusions regarding
the adequacy of the current standard are
presented below.
1. Evidence-Based Considerations
As discussed in chapter 10 of the
REA, evidence published since the last
review generally has confirmed and
extended the conclusions articulated in
the 1993 AQCD (ISA, section 5.3.2). The
epidemiologic evidence has grown
substantially with the addition of field
and panel studies, intervention studies,
time-series studies of effects such as
emergency department visits and
hospital admissions, and a substantial
number of studies evaluating mortality
risk associated with short-term NO2
exposures. As noted above, no
epidemiologic studies were available in
1993 that assessed relationships
between NO2 and outcomes such as
hospital admissions, emergency
department visits, or mortality. In
contrast, dozens of epidemiologic
studies on such outcomes, conducted at
recent and current ambient NO2
concentrations, are now included in this
evaluation (ISA, chapter 3). While not as
marked as the growth in the
epidemiologic literature, a number of
recent toxicological and human clinical
studies also provide insights into
relationships between NO2 exposure
and health effects.
As an initial consideration with
regard to the adequacy of the current
standard, the REA noted that the
evidence relating long-term (weeks to
years) NO2 exposures at current ambient
concentrations to adverse health effects
was judged in the ISA to be either
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‘‘suggestive but not sufficient to infer a
causal relationship’’ (respiratory
morbidity) or ‘‘inadequate to infer the
presence or absence of a causal
relationship’’ (mortality, cancer,
cardiovascular effects, reproductive/
developmental effects) (ISA, sections
5.3.2.4–5.3.2.6). In contrast, the
evidence relating short-term (minutes to
hours) NO2 exposures to respiratory
morbidity was judged to be ‘‘sufficient
to infer a likely causal relationship’’
(ISA, section 5.3.2.1). This judgment
was supported primarily by a large body
of recent epidemiologic evidence that
evaluated associations of short-term
NO2 concentrations with respiratory
symptoms, emergency department
visits, and hospital admissions. These
conclusions from the ISA suggest that,
at a minimum, consideration of the
adequacy of the current annual standard
should take into account the extent to
which that standard provides protection
against respiratory effects associated
with short-term NO2 exposures. As
noted in the REA, such an emphasis on
health endpoints for which evidence
has been judged to be sufficient to infer
a likely causal relationship would be
consistent with other recent NAAQS
reviews (e.g., EPA, 2005; EPA, 2007d;
EPA, 2007e).
In considering the NO2 epidemiologic
studies as they relate to the adequacy of
the current standard, the REA noted that
annual average NO2 concentrations were
below the level of the current annual
NO2 NAAQS in many of the locations
where positive, and often statistically
significant, associations with respiratory
morbidity endpoints have been reported
(ISA, section 5.4). As discussed
previously, the ISA characterized that
evidence for respiratory effects as
consistent and coherent. The evidence
is consistent in that associations are
reported in studies conducted in
numerous locations and with a variety
of methodological approaches (ISA,
section 5.3.2.1). It is coherent in the
sense that the studies report
associations with respiratory health
outcomes that are logically linked
together (ISA, section 5.3.2.1). The ISA
noted that when the epidemiologic
literature is considered as a whole, there
are generally positive associations
between NO2 and respiratory symptoms,
hospital admissions, and emergency
department visits. A number of these
associations are statistically significant,
particularly the more precise effect
estimates (ISA, section 5.3.2.1).
As discussed previously, the
interpretation of these NO2
epidemiologic studies is complicated by
the fact that on-road vehicle exhaust
emissions are a nearly ubiquitous source
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of combustion pollutant mixtures that
include NO2. In order to provide some
perspective on the uncertainty related to
the presence of co-pollutants, the ISA
evaluated epidemiologic studies that
employed multi-pollutant models,
epidemiologic studies of indoor and
personal NO2 exposure, and
experimental studies. Specifically, the
ISA noted that a number of NO2
epidemiologic studies have attempted to
disentangle the effects of NO2 from
those of co-occurring pollutants by
employing multi-pollutant models.
When evaluated as a whole, NO2 effect
estimates in these models generally
remained robust when co-pollutants
were included. Therefore, despite
uncertainties associated with separating
the effects of NO2 from those of cooccurring pollutants, the ISA (section
5.4, p. 5–16) concluded that ‘‘the
evidence summarized in this assessment
indicates that NO2 associations
generally remain robust in multipollutant models and supports a direct
effect of short-term NO2 exposure on
respiratory morbidity at ambient
concentrations below the current
NAAQS.’’ With regard to indoor studies,
the ISA noted that these studies can test
hypotheses related to NO2 specifically
(ISA, section 3.1.4.1). Although
confounding by indoor combustion
sources is a concern, indoor studies are
not confounded by the same mix of copollutants present in the ambient air or
by the contribution of NO2 to the
formation of secondary particles or O3
(ISA, section 3.1.4.1). The ISA noted
that the findings of indoor NO2 studies
are consistent with those of studies
using ambient concentrations from
central site monitors and concluded that
indoor studies provide evidence of
coherence for respiratory effects (ISA,
section 3.1.4.1). With regard to
experimental studies, the REA noted
that they have the advantage of
providing information on health effects
that are specifically associated with
exposure to NO2 in the absence of copollutants. The ISA concluded that the
NO2 epidemiologic literature is
supported by (1) evidence from
controlled human exposure studies of
airway hyperresponsiveness in
asthmatics, (2) controlled human
exposure and animal toxicological
studies of impaired host-defense
systems and increased risk of
susceptibility to viral and bacterial
infection, and (3) controlled human
exposure and animal toxicological
studies of airway inflammation (ISA,
section 5.3.2.1 and 5.4).
In drawing broad conclusions
regarding the evidence, the ISA
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considered the epidemiologic and
experimental evidence as well as the
uncertainties associated with that
evidence. When this evidence and its
associated uncertainties are taken
together, the ISA concluded that the
results of epidemiologic and
experimental studies form a plausible
and coherent data set that supports a
relationship between NO2 exposures
and respiratory endpoints, including
respiratory symptoms and emergency
department visits, at ambient
concentrations that are present in areas
that meet the current NO2 NAAQS.
Thus, taking into consideration the
evidence discussed above, particularly
the epidemiologic studies reporting
NO2-associated health effects in
locations that meet the current standard,
the REA concluded that the scientific
evidence calls into question the
adequacy of the current standard to
protect public health.
2. Exposure- and Risk-Based
Considerations
In addition to the evidence-based
considerations described above, the
REA considered the extent to which
exposure- and risk-based information
can inform decisions regarding the
adequacy of the current annual NO2
standard, taking into account key
uncertainties associated with the
estimated exposures and risks. As noted
above, NO2-associated health risks were
characterized with three approaches. In
the first, NO2 air quality from locations
across the country was used as a
surrogate for exposure. In the second,
exposures were estimated for all
asthmatics and for asthmatic children
considering time spent in different
microenvironments in one urban area,
Atlanta, GA. For both of these analyses,
health risks were characterized by
comparing estimates of air quality or
exposure to potential health benchmark
levels. Benchmark levels spanned the
range of NO2 concentrations that have
been reported to increase airway
responsiveness in asthmatics (i.e., 100–
300 ppb). In the third approach to
characterizing NO2-related health risks,
occurrences of NO2-related respiratory
emergency department visits were
estimated for Atlanta. This quantitative
risk assessment was based on NO2
concentration-response relationships
identified in an epidemiologic study of
air pollution-related emergency
department visits in Atlanta. The results
of each of these analyses are discussed
in this section, specifically as they relate
to the current standard.
When considering the Atlanta risk
assessment results as they relate to the
adequacy of the current standard, the
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REA noted that central estimates of
incidence of NO2-related respiratory
emergency department visits in Atlanta
ranged from approximately 8 to 9% of
total respiratory-related emergency
department visits per year (or 9,800–
10,900 NO2-related incidences) based on
single pollutant models when air quality
is adjusted upward to simulate a
situation where Atlanta just meets the
current standard. Central estimates of
incidence of NO2-related respiratory
emergency department visits ranged
from 2.9–7.7% of total respiratoryrelated emergency department visits per
year (or 3,600–9,400 NO2-related
incidences) based on two-pollutant
models. Inclusion of O3 and/or PM10 in
multi-pollutant models resulted in the
inclusion of an estimate of zero NO2related respiratory emergency
department visits within the 95%
confidence intervals.
When considering the Atlanta
exposure results as they relate to the
adequacy of the current standard, the
REA noted the number of days per year
asthmatics could experience exposure to
NO2 concentrations greater than or
equal to potential health benchmark
levels, given air quality that is adjusted
upward to simulate just meeting the
current standard. If NO2 concentrations
were such that the Atlanta area just
meets the current standard, nearly all
asthmatics in Atlanta (>97%) would be
estimated to experience six or more
days per year with 1-hour NO2 exposure
concentrations greater than or equal to
our highest benchmark level (300 ppb)
(REA, Figure 8–22). Six days per year
was the largest number of days
specifically considered in the REA, but
these results suggest that some
asthmatics could experience 1-hour NO2
exposure concentrations greater than or
equal to 300 ppb on more than six days
per year. In addition, more frequent
exceedances would be expected for the
lower benchmark levels.
When considering the air qualitybased results as they relate to the
adequacy of the current standard, the
REA noted the number of benchmark
exceedances estimated to occur in
different locations given air quality that
just meets that standard. In situations
where annual NO2 concentrations were
adjusted upward to simulate just
meeting the current standard, 1-hour
NO2 concentrations measured at fixedsite monitors in locations across the
U.S. could exceed benchmark levels.
Most locations were estimated to
experience at least 50 days per year with
1-hour ambient NO2 concentrations at
fixed-site monitors in the current
network greater than or equal to 100 ppb
(Figures 7–2 and 7–3 in the REA) under
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this hypothetical scenario. Far fewer
ambient exceedances were predicted for
the higher benchmark levels. For
example, only 5 areas were estimated to
experience any days with 1-hour
ambient NO2 concentrations at fixed-site
monitors greater than or equal to 300
ppb, and none of those locations were
estimated to experience more than 2
such days per year, on average (REA,
Appendix A).
However, on-road NO2 concentrations
were estimated in this analysis to be an
average of 80% higher than
concentrations at fixed-site monitors
(though this relationship will vary
across locations and with time). In the
majority of locations evaluated, roadway
exceedances of the 100 ppb benchmark
level could occur on most days of the
year when air quality is adjusted
upward to simulate just meeting the
current standard (Figure 7–6 in the
REA). Even for higher benchmark levels,
most locations were estimated to have
exceedances on roadways. All locations
evaluated except one (Boston) were
estimated to experience on-road NO2
concentrations greater than or equal to
300 ppb (REA, Appendix A). Four of
these locations were estimated to
experience an average of greater than 20
days per year with on-road NO2
concentrations greater than or equal to
300 ppb (REA, Appendix A).
3. Summary of Considerations From the
REA
As noted above, the policy assessment
chapter of the REA considered the
scientific evidence with regard to the
current standard. This included
consideration of causality judgments
made in the ISA regarding the level of
support for effects associated with shortterm and long-term exposures, the
epidemiologic evidence described in the
ISA including associated uncertainties,
the conclusions in the ISA regarding the
robustness of this evidence, and the
support provided for epidemiologic
findings by experimental studies. The
REA concluded that, given these
considerations, particularly the
evidence for NO2-associated effects in
locations that meet the current standard,
the adequacy of the current standard to
protect the public health is clearly
called into question. This evidence
provides support for consideration of an
NO2 standard that would provide
increased health protection for at-risk
groups, including asthmatics and
individuals who spend time on or near
major roadways, against health effects
associated with short-term exposures
ranging from increased asthma
symptoms to respiratory-related
emergency department visits and
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hospital admissions, in addition to
potential effects associated with longterm exposures.
In examining the exposure- and riskbased information with regard to the
adequacy of the current annual NO2
standard to protect the public health,
the REA noted that estimated risks
associated with air quality adjusted
upward to simulate just meeting the
current standard can reasonably be
concluded to be important from a public
health perspective. In particular, a large
percentage (8–9%) of respiratory-related
ED visits in Atlanta could be associated
with short-term NO2 exposures, most
asthmatics in Atlanta could be exposed
on multiple days per year to NO2
concentrations at or above the highest
benchmark evaluated, and most
locations evaluated could experience
on-/near-road NO2 concentrations above
benchmark levels on more than half of
the days in a given year. Therefore, the
REA noted that exposure- and riskbased results reinforce the scientific
evidence in supporting the conclusion
that consideration should be given to
revising the current standard so as to
provide increased public health
protection, especially for at-risk groups,
from NO2-related adverse health effects
associated with short-term, and
potential long-term, exposures.
4. CASAC Views
With regard to the adequacy of the
current standard, CASAC conclusions
were consistent with the views
expressed in the policy assessment
chapter of the REA. CASAC agreed that
the primary concern in this review is to
protect against health effects that have
been associated with short-term NO2
exposures. CASAC also agreed that the
current annual standard is not sufficient
to protect public health against the
types of exposures that could lead to
these health effects. Given these
considerations, and as noted in their
letter to the EPA Administrator,
‘‘CASAC concurs with EPA’s judgment
that the current NAAQS does not
protect the public’s health and that it
should be revised’’ (Samet, 2008b).
CASAC’s views on how the standard
should be revised are provided below
within the context of discussions on the
elements (i.e., indicator, averaging time,
form, level) of a new short-term
standard.
5. Administrator’s Conclusions
Regarding Adequacy of the Current
Standard
In considering the adequacy of the
current NO2 NAAQS, the Administrator
has considered the conclusions of the
ISA, the conclusions of the policy
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assessment chapter of the REA, and the
views expressed by CASAC. In
particular, the ISA concluded that the
results of epidemiologic and
experimental studies form a plausible
and coherent data set that supports a
likely causal relationship between shortterm NO2 exposures and adverse
respiratory effects at ambient NO2
concentrations that are present in
locations meeting the current NO2
NAAQS. With regard to the exposure
and risk results, the REA concludes that
central risk estimates suggest that the
current standard could allow important
adverse public health impacts.
Based on her consideration of these
conclusions, as well as consideration of
CASAC’s conclusion that the current
NO2 NAAQS does not protect the
public’s health, the Administrator
concludes that the current NO2 standard
does not provide the requisite degree of
protection for public health against
adverse effects associated with shortterm exposures. In considering
approaches to revising the current
standard, the Administrator concludes
that it is appropriate to consider setting
a new short-term standard to
supplement the current annual
standard. The Administrator notes that
such a short-term standard could
provide increased public health
protection, especially for members of atrisk groups, from effects described in
both epidemiologic and controlled
human exposure studies to be
associated with short-term exposures to
NO2.
F. Conclusions on the Elements of a
New Short-Term Standard and an
Annual Standard
In considering alternative NO2
primary NAAQS, the Administrator
notes the need to protect at-risk
individuals from short-term exposures
to NO2 air quality that could cause the
types of respiratory morbidity effects
reported in epidemiologic studies and
the need to protect at-risk individuals
from short-term exposure to NO2
concentrations reported in controlled
human exposure studies to increase
airway responsiveness in asthmatics.
Considerations with regard to potential
alternative standards and the specific
options being proposed are discussed in
the following sections in terms of
indicator, averaging time, form, and
level (sections II.F.1–II.F.4).
1. Indicator
In past reviews, EPA has focused on
NO2 as the most appropriate indicator
for ambient NOX. In making a decision
in the current review on the most
appropriate indicator, the Administrator
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34427
has considered the conclusions of the
ISA and REA as well as the view
expressed by CASAC. The REA noted
that, while the presence of NOX species
other than NO2 has been recognized, no
alternative to NO2 has been advanced as
being a more appropriate surrogate.
Controlled human exposure studies and
animal toxicology studies provide
specific evidence for health effects
following exposure to NO2.
Epidemiologic studies also typically
report levels of NO2 though the degree
to which monitored NO2 reflects actual
NO2 levels, as opposed to NO2 plus
other gaseous NOX, can vary (REA,
section 2.2.3). In addition, because
emissions that lead to the formation of
NO2 generally also lead to the formation
of other NOX oxidation products,
measures leading to reductions in
population exposures to NO2 can
generally be expected to lead to
reductions in population exposures to
other gaseous NOX. Therefore, an NO2
standard can also be expected to
provide some degree of protection
against potential health effects that may
be independently associated with other
gaseous NOX even though such effects
are not discernable from currently
available studies indexed by NO2 alone.
Given these key points, the REA
concluded that the evidence supports
retaining NO2 as the indicator.
Consistent with this conclusion, the
CASAC Panel recommended in its letter
to the EPA Administrator that it
‘‘concurs with retention of NO2 as the
indicator’’ (Samet, 2008b). In light of the
above considerations, the Administrator
proposes to retain NO2 as the indicator
in the current review.
2. Averaging Time
The current annual averaging time for
the NO2 NAAQS was originally set in
1971, based on epidemiologic studies
that supported a link between adverse
respiratory effects and long-term
exposure to low levels of NO2. As noted
above, that annual standard was
retained in subsequent reviews in part
because an air quality assessment
conducted by EPA concluded that areas
that meet the annual standard would be
unlikely to experience short-term
ambient peaks above concentrations that
had been reported in a meta-analysis of
controlled human exposure studies to
increase airway responsiveness in
asthmatics. In the current review,
additional scientific evidence is
available to inform a decision on
averaging time. This includes the
availability of a number of
epidemiologic studies that have
evaluated endpoints including
respiratory symptoms, emergency
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department visits, and hospital
admissions as well as an updated metaanalysis of controlled human exposure
studies of airway responsiveness in
asthmatics.
In order to inform conclusions with
regard to averaging time in this review,
the REA considered judgments on the
evidence from the ISA, results from
experimental and epidemiologic
studies, and an analysis of correlations
between short- and long-term ambient
NO2 concentrations. These
considerations are described in more
detail below.
srobinson on DSKHWCL6B1PROD with PROPOSALS2
a. Short-Term Averaging Time
As described previously, the evidence
relating short-term (minutes to hours)
NO2 exposures to respiratory morbidity
was judged in the ISA to be ‘‘sufficient
to infer a likely causal relationship’’
(ISA, section 5.3.2.1) while the evidence
relating long-term (weeks to years) NO2
exposures to adverse health effects was
judged to be either ‘‘suggestive but not
sufficient to infer a causal relationship’’
(respiratory morbidity) or ‘‘inadequate
to infer the presence or absence of a
causal relationship’’ (mortality, cancer,
cardiovascular effects, reproductive/
developmental effects) (ISA, sections
5.3.2.4–5.3.2.6). Thus, the REA
concluded that these judgments most
directly support an averaging time that
focuses protection on short-term
exposures to NO2.
As in past reviews of the NO2
NAAQS, it is instructive to evaluate the
potential for a standard based on annual
average NO2 concentrations, as is the
current standard, to provide protection
against short-term NO2 exposures. To
this end, Table 10–1 in the REA
reported the ratios of short-term to
annual average NO2 concentrations.
Ratios of 1-hour daily maximum
concentrations (98th and 99th
percentile) 10 to annual average
concentrations across 14 locations
ranged from 2.5 to 8.7 while ratios of 24hour average concentrations to annual
average concentrations ranged from 1.6
to 3.8 (see Thompson, 2008 for more
details). The REA concluded that the
variability in these ratios across
locations, particularly those for 1-hour
concentrations, suggested that a
standard based on annual average NO2
concentrations would not likely be an
10 As discussed below, 98th and 99th percentile
forms were evaluated in the REA. A 99th percentile
form corresponds approximately to the 4th highest
1-hour concentration in a year while a 98th
percentile form corresponds approximately to the
7th or 8th highest 1-hour concentration in a year.
A 4th highest concentration form has been used
previously in the O3 NAAQS while a 98th
percentile form has been used previously in the
PM2.5 NAAQS.
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effective or efficient approach to focus
protection on short-term NO2 exposures.
For example, in an area with a relatively
high ratio (e.g., 8), the current annual
standard (53 ppb) would be expected to
allow 1-hour daily maximum NO2
concentrations of about 400 ppb. In
contrast, in an area with a relatively low
ratio (e.g., 3), the current standard
would be expected to allow 1-hour daily
maximum NO2 concentrations of about
150 ppb. Thus, for purposes of
protecting against the range of 1-hour
NO2 exposures, the REA noted that a
standard based on annual average
concentrations would likely require
more control than necessary in some
areas and less control than necessary in
others, depending on the standard level
selected.
In considering the level of support
available for specific short-term
averaging times, the policy assessment
chapter of the REA noted evidence from
both experimental and epidemiologic
studies. Controlled human exposure
studies and animal toxicological studies
provide evidence that NO2 exposures
from less than 1-hour up to 3-hours can
result in respiratory effects such as
increased airway responsiveness and
inflammation (ISA, section 5.3.2.7).
Specifically, the ISA concluded that
NO2 exposures of 100 ppb for 1-hour (or
200 ppb to 300 ppb for 30-min) can
result in small but significant increases
in nonspecific airway responsiveness
(ISA, section 5.3.2.1). In contrast, the
epidemiologic literature provides
support for short-term averaging times
ranging from approximately 1-hour up
to 24-hours (ISA, section 5.3.2.7). A
number of epidemiologic studies have
detected positive associations between
respiratory morbidity and 1-hour (daily
maximum) and/or 24-hour NO2
concentrations. A few epidemiologic
studies have considered both 1-hour
and 24-hour averaging times, allowing
comparisons to be made. The ISA
reported that such comparisons in
studies that evaluate asthma emergency
department visits failed to reveal
differences between effect estimates
based on a 1-hour averaging time and
those based on a 24-hour averaging time
(ISA, section 5.3.2.7). Therefore, the ISA
concluded that it is not possible, from
the available epidemiologic evidence, to
discern whether effects observed are
attributable to average daily (or multiday) concentrations (24-hour average) or
high, peak exposures (1-hour maximum)
(ISA, section 5.3.2.7).
As noted in the policy assessment
chapter of the REA, given the above
conclusions, the experimental evidence
provides support for an averaging time
of shorter duration than 24 hours (e.g.,
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1-h) while the epidemiologic evidence
provides support for both 1-hour and
24-hour averaging times. At a minimum,
this suggests that a primary concern
with regard to averaging time is the
level of protection provided against 1hour daily maximum NO2
concentrations. However, it is also
important to consider the ability of a 1hour (daily maximum) averaging time to
protect against 24-hour average NO2
concentrations. To this end, Table 10–
2 in the REA presented correlations
between 1-hour daily maximum NO2
concentrations and 24-hour average NO2
concentrations (98th and 99th
percentile) across 14 locations (see
Thompson, 2008 for more detail).
Typical ratios ranged from 1.5 to 2.0,
though one ratio (Las Vegas) was 3.1.
These ratios were far less variable than
those discussed above for annual
average concentrations, suggesting that a
standard based on 1-hour daily
maximum NO2 concentrations could
also be effective at protecting against 24hour NO2 concentrations. The REA
concluded that the scientific evidence,
combined with the air quality
correlations described above, support
the appropriateness of a standard based
on 1-hour daily maximum NO2
concentrations to protect against health
effects associated with short-term
exposures.
b. Long-Term Averaging Time
While the REA concluded that the
combination of the scientific evidence
from the ISA and air quality analyses
most directly support an averaging time
that focuses protection on short-term
exposures to NO2, some evidence does
support the need to also consider health
effects potentially associated with longterm exposures. As noted above, the ISA
judged the evidence relating long-term
(weeks to years) NO2 exposures to
respiratory morbidity to be ‘‘suggestive
but not sufficient to infer a causal
relationship.’’ The available database
supporting the relationship between
respiratory illness in children and longterm exposures to NO2 has increased
since the 1996 review of the NO2
NAAQS. Results from several studies,
including the California-based
Children’s Health Study, have reported
deficits in lung function growth
(Gauderman et al., 2004) in association
with long-term exposure to NO2. In
addition, some studies have reported
associations between asthma incidence
and long-term NO2. The plausibility of
these associations is supported by some
animal toxicological studies.
Specifically, morphological effects
following chronic NO2 exposures have
been identified in animal studies that
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link to these increases in collagen
synthesis and may provide plausibility
for the deficits in lung function growth
described in epidemiologic studies of
long-term exposure to NO2 (ISA, section
3.4.5).
Therefore, though the evidence
provides strong support for the need to
protect against health effects associated
with short-term NO2 exposures, it may
also be appropriate to consider the
extent to which the NO2 standard could
protect against potential effects
associated with long-term exposures. To
address this issue, the REA estimated
annual average NO2 concentrations
assuming different 1-hour standards
were just met. For the locations
evaluated, a 1-hour area-wide standard
with a level at or below 100 ppb was
estimated to be associated with annual
average NO2 concentrations below the
level of the current annual standard (53
ppb) (REA, section 10.4.2). Therefore, it
is possible that a 1-hour standard could
also provide protection against potential
effect associated with long-term
exposures, depending on the level of the
standard.
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c. CASAC Views
CASAC agreed with the conclusions
of the policy assessment chapter of the
REA that a primary consideration of the
NO2 NAAQS should be the protection
provided against health effects
associated with short-term exposures. In
their letter to the EPA Administrator,
CASAC stated that they concur ‘‘with
having a short-term NAAQS primary
standard for oxides of nitrogen and
using the one-hour maximum NO2
value.’’ In addition, the letter noted that
‘‘CASAC also recommends retaining the
current standard based on the annual
average.’’ CASAC based this
recommendation on the ‘‘limited
evidence related to potential long-term
effects of NO2 exposure and the lack of
strong evidence of no effect.’’ In
addition, CASAC concluded that ‘‘the
findings of the REA do not provide
assurance that a short-term standard
based on the one-hour maximum will
necessarily protect the population from
long-term exposures at levels potentially
leading to adverse health effects’’
(Samet, 2008b).
d. Administrator’s Conclusions on
Averaging Time
In considering the most appropriate
averaging time(s) for the NO2 primary
NAAQS, the Administrator notes the
conclusions and judgments made in the
ISA about available scientific evidence,
conclusions from the REA, and CASAC
recommendations discussed above.
Based on these considerations, the
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Administrator proposes to set a new
standard based on 1-hour daily
maximum NO2 concentrations. In
addition, the Administrator notes that
CASAC recommended retaining the
current annual standard to account for
the fact that some evidence suggests that
long-term NO2 exposures could cause
adverse effects on respiratory health.
Taking into account these
considerations, in addition to proposing
a new 1-hour NO2 primary NAAQS to
provide increased protection against
effects associated with short-term
exposures, the Administrator also
proposes to retain an annual standard.
3. Form
When evaluating alternative forms in
conjunction with specific levels, the
REA considered the adequacy of the
public health protection provided by the
combination of level and form to be the
foremost consideration. In addition, the
REA recognized that it is desirable to
have a form that is reasonably stable and
insulated from the impacts of extreme
meteorological events. As noted in the
review of the O3 NAAQS (EPA, 2007e),
forms that call for averaging of
concentrations over three years better
reflect pollutant-associated health risks
than forms based on expected
exceedances. This is because such
‘‘concentration-based’’ forms give
proportionally greater weight to periods
of time when pollutant concentrations
are well above the level of the standard
than to times when the concentrations
are just above the standard, while an
expected exceedance form would give
the same weight to periods of time with
concentrations that just exceed the
standard as to times when
concentrations greatly exceed the
standard. Averaging concentrations over
three years also provides greater
regulatory stability than a form based on
allowing only a single expected
exceedance in a year. Therefore,
consistent with recent reviews of the O3
and PM NAAQS, the REA focused on
concentration-based forms averaged
over 3 years.
In considering specific concentrationbased forms, the REA focused on 98th
and 99th percentile concentrations
averaged over 3 years. With regard to
these alternative forms, the REA noted
that a 99th percentile form for a 1-hour
daily maximum standard would
correspond approximately to the 4th
highest daily maximum concentration
in a year (which is the form of the
current O3 NAAQS) while a 98th
percentile form (which is the form of the
current short-term PM2.5 NAAQS)
would correspond approximately to the
7th or 8th highest daily maximum
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34429
concentration in a year (Table 10–4 in
the REA; see Thompson, 2008 for
methods). The REA concluded that
either of these forms could provide an
appropriate balance between limiting
peak NO2 concentrations and providing
sufficient regulatory stability. This is
consistent with judgments made in the
2006 review of the PM NAAQS (EPA,
2005).
When considering the extent to which
exposure and risk analyses inform
judgments on the form of the standard,
the REA noted that a 99th percentile
form could be appreciably more
protective than a 98th percentile form
(for the same standard level) in some
locations, as shown by the results of air
quality analyses. For example, a 99th
percentile standard of 200 ppb was
estimated to decrease the number of
benchmark exceedances, relative to a
98th percentile form, by approximately
50–70% in Boston, Philadelphia, and
Washington, DC (Table 10–5 in the
REA). However, a 99th percentile form
was estimated to decrease the number of
benchmark exceedances by only
approximately 10% in St. Louis, Detroit,
and Las Vegas (Table 10–5 in the REA).
For most locations analyzed, the
difference was estimated to be between
approximately 10 and 50% (Table 10–5
in the REA). With regard to the Atlanta
exposure assessment, a 99th percentile
form was estimated to decrease the
number of days with 6 or more
benchmark exceedances (for 300 ppb),
relative to a 98th percentile form, by 5–
35% depending on the standard level
selected (REA Appendix B, table B–48).
With regard to the Atlanta risk
assessment, a 99th percentile form was
estimated to be associated with
approximately 6% to 8% fewer NO2related emergency department visits
than a 98th percentile form, across the
levels of the potential 1-hour standards
examined.
When considering these results as
they relate to the form of the standard,
the REA noted that a decision on form
must be made in conjunction with
selection of a particular standard level.
The primary emphasis in such a
decision will be on the degree of public
health protection provided by the
combination of form and level.
CASAC agreed with the importance of
considering the public health protection
provided by the combination of form
and level. In its letter to the EPA
Administrator with regard to the final
REA, the CASAC panel stated that it
‘‘advises that EPA choose a health
protective percentile appropriate for the
level chosen for the one-hour standard.’’
CASAC went on to recommend that a
98th percentile form would be
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appropriate for a standard level at the
lower boundary of the range evaluated
(50 ppb, see below) but that a higher
percentile should be considered for
higher levels (Samet, 2008b).
When considering alternative forms,
the Administrator notes the views
expressed in the REA and the
recommendations from CASAC, as
described above. In particular, she notes
that a 99th percentile (or 4th highest)
form could be appreciably more
protective in some locations than a 98th
(or 7th or 8th highest) form. Given these
considerations, and in light of the
specific range proposed for level below,
the Administrator proposes to adopt
either a 99th percentile or a 4th highest
form, averaged over 3 years. In addition,
the Administrator notes that a 98th
percentile form could be appropriate,
particularly for standard levels at the
low end of the range considered in the
REA. Therefore, she also solicits
comment on both 98th percentile and
7th or 8th highest forms.
4. Level
In assessing the level of the standard
to propose, the Administrator has
considered the broad range of scientific
evidence assessed in the ISA, including
the epidemiologic studies and
controlled human exposure studies, as
well as the results of exposure/risk
analyses presented in the REA. In light
of this body of evidence and analyses,
she has determined that it is necessary
to provide increased public health
protection for at-risk individuals against
an array of adverse respiratory health
effects related to short-term (i.e., 30
minutes to 24 hours) exposures to
ambient NO2. Such health effects have
been associated with exposure to the
distribution of short-term ambient NO2
concentrations across an area. This
distribution includes both the higher
short-term (i.e., peak) exposure
concentrations that can occur on or near
major roadways and the lower shortterm exposure concentrations that can
occur in areas not near major roadways.
In considering the most appropriate
approach to providing this protection,
the Administrator is mindful of the
extent to which the available evidence
and analyses can inform a decision on
standard level. Specifically, the range of
proposed standard levels discussed
below (section II.F.4.e) is informed by
controlled human exposure and
epidemiologic studies.
As discussed above (section II.B.1.d),
controlled human exposure studies have
reported associations between various
levels of NO2 exposures and increased
airway responsiveness in asthmatics.
These studies can inform an evaluation
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of the risks associated with exposure to
specific NO2 concentrations, regardless
of where those exposures occur in an
area. Controlled human exposure
studies most directly inform
consideration of the risks associated
with peak short-term NO2 exposure
concentrations, such as those that can
occur on or near major roadways. This
is the case because NO2 concentrations
around major roadways could include
concentrations within the range
evaluated in the studies. Controlled
human exposure studies have not been
conducted at the lower concentrations
of NO2 typically expected in areas not
near major roadways.
In addition, epidemiologic studies
(section II.B.1.a and b) have reported
associations between ambient NO2
concentrations, measured at area-wide
monitors in the current network, and
increased respiratory symptoms,
emergency department visits, and
hospital admissions. Area-wide
monitors in the urban areas in which
these epidemiologic studies were
conducted do not measure the full range
of ambient NO2 concentrations that can
occur anywhere in the area, because
they are not sited in locations with more
localized peak concentrations. Thus,
they do not measure the full range of
ambient NO2 concentrations that are
likely responsible for the exposures
linked to the NO2-associated health
effects reported in the studies. Rather,
the area-wide NO2 concentrations
measured by these monitors are used as
surrogates for the entire distribution of
ambient NO2 concentrations across the
area, a distribution that includes NO2
concentrations that are both higher and
lower than the area-wide concentrations
reported for the study locations.
Specifically, this distribution of
concentrations includes the higher
short-term peak NO2 concentrations that
occur on or near major roadways and
the lower short-term concentrations that
occur away from roadways. Thus, the
epidemiologic studies can inform an
evaluation of the risks associated with
the full range of exposures likely to
occur across an area.
The available evidence and analyses
support the importance of roadwayassociated NO2 exposures for public
health. Specifically, the exposure
assessment presented in the REA
estimated that roadway-associated
exposures account for the great majority
of exposures to peak NO2 concentrations
(REA, Figures 8–17 and 8–18). In
addition, the ISA (section 2.5.4) noted
that in-vehicle NO2 exposures could be
2–3 times higher than indicated by
ambient monitors in the current area
wide-oriented network. Millions of
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people in the U.S. live, work, and/or
attend school near important sources of
NO2 such as major roadways (ISA,
section 4.4) and ambient NO2
concentrations in these locations are
strongly associated with distance from
major roads (i.e., the closer to a major
road, the higher the NO2 concentration)
(ISA, section 2.5.4). Therefore, these
populations, which likely include a
disproportionate number of individuals
in groups with higher prevalence of
asthma and higher hospitalization rates
for asthma (e.g. ethnic or racial
minorities and individuals of low
socioeconomic status ) (ISA, section
4.4), are likely exposed to NO2
concentrations higher than those that
occur away from major roadways.
Given the above considerations, the
Administrator proposes to set a level for
the 1-hour NO2 primary NAAQS that
reflects the maximum allowable NO2
concentration anywhere in an area. This
concentration is likely to occur on or
near a major roadway. As discussed
above (section II.A.2), monitoring
studies suggest that NO2 concentrations
near roadways can be approximately 30
to 100% higher than concentrations in
the same area but not near the road.
This NO2 concentration gradient around
roadways is one factor considered by
the Administrator in determining the
appropriate standard level to propose.
EPA proposes to set the level of the
standard such that, when available
information regarding the concentration
gradient around roadways is considered,
appropriate public health protection
would be provided by limiting the
higher short-term peak exposure
concentrations expected to occur on and
near major roadways, as well as the
lower short-term exposure
concentrations expected to occur away
from those roadways.
The Administrator notes that this
approach to setting the standard would
provide a relatively high degree of
confidence regarding the level of
protection provided by the standard
against peak exposures, such as those
that can occur on or near major
roadways. This is a particularly
important consideration given the
available information and the air quality
and exposure analyses, discussed above
in section II.F.4.b, which indicated that
roadway-associated exposures account
for the majority of exposures to peak
NO2 concentrations. The Administrator
concludes that the proposed approach
would directly address the great
majority of peak exposures and
associated health effects. In addition,
the range of standard levels proposed
below (section II.F.4.e) would provide a
reasonable degree of confidence that the
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accompanying area-wide NO2
concentrations would be maintained
well below concentrations that have
occurred in locations where
epidemiologic studies have reported
associations between ambient NO2
concentrations and health endpoints
such as increased respiratory symptoms,
emergency department visits, and
hospital admissions. Therefore, the
Administrator proposes to set a standard
level reflecting the maximum allowable
NO2 concentration anywhere in an area
that, in combination with the proposed
decisions on indicator, averaging time,
and form, will protect public health
with an adequate margin of safety
against the array of NO2-associated
health effects.
The remainder of this section
describes the considerations relevant to
the Administrator’s proposed decisions
on standard levels for a new 1-hour
standard and the annual standard.
Specifically, with regard to a 1-hour
standard evidence-based considerations
drawn from the ISA and discussed in
the policy-assessment chapter of the
REA are discussed in section II.F.4.a.
Exposure- and risk-based considerations
for a 1-hour standard drawn from the
analyses in the REA and discussed in
the policy assessment chapter are
discussed in section II.F.4.b. A summary
of the considerations relating to a 1-hour
standard from the policy assessment
chapter of the REA is presented in
section II.F.4.c and CASAC views
expressed in the context of their
comments on the final REA are
presented in section II.F.4.d. The
Administrator’s proposed approach to
setting a 1-hour standard and her
conclusions regarding the level of such
a standard are presented in section
II.F.4.e. An alternative approach to
setting a 1-hour standard is discussed in
section II.E.4.f. Comment is solicited on
both approaches. Finally, the
Administrator’s proposed conclusions
on the level of the annual standard are
presented in section II.E.4.g.
a. Evidence-Based Considerations
Evidence-based considerations take
into account the full body of scientific
evidence assessed in the ISA. When
considering the extent to which this
scientific evidence can inform a
decision on the level of a 1-hour
standard, the policy assessment chapter
of the REA notes that NO2
concentrations represent different
measures of exposure when drawn from
experimental versus epidemiologic
studies. Concentrations of NO2 tested in
experimental studies, such as controlled
human exposure studies, represent
exposure concentrations in the
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breathing zone of the individual test
subjects. In cases where controlled
human exposure studies report effects,
those effects are caused directly by
exposure to a specified concentration of
NO2. In contrast, concentrations of NO2
drawn from epidemiologic studies are
often based on ambient monitoring data.
In the case of key U.S. studies that have
been specifically considered within the
context of assessing the appropriate
level for the standard, these monitors
measure area-wide NO2 concentrations
that occur away from major roadways.
NO2 concentrations recorded at these
ambient monitors are used as surrogates
for the distribution of NO2 exposures
across the study area and over the time
period of the study. As noted above,
these monitors do not measure the full
range of ambient NO2 concentrations
that can occur in an area and, thus, they
do not measure the full range of ambient
NO2 concentrations that are likely
responsible for the NO2-associated
health effects reported in the studies.
Instead they capture one part of the
distribution (the area-wide
concentration) and this is used as a
surrogate for the entire distribution,
which includes peak roadwayassociated concentrations. As noted in
the REA, the interpretation of NO2
concentrations from different types of
studies is an important consideration for
decisions on standard level. These
implications are discussed in more
detail below in section II.F.4.e.
In considering the epidemiologic
evidence, the REA noted the ISA
conclusion that epidemiologic studies
provide the strongest support for the
link between short-term NO2 exposure
and respiratory morbidity. In addition,
epidemiologic studies provide evidence
for the most serious NO2-associated
respiratory effects, including
respiratory-related hospital admissions
and emergency department visits. As
noted above, these effects have been
reported to be associated with area-wide
NO2 concentrations in key U.S.
epidemiologic studies. Because areawide NO2 concentrations are used as
surrogates for the distribution of NO2
exposures across the study area and
over the time period of the study (see
above), the health effects reported in
these epidemiologic studies are
reasonably inferred to be associated
with exposure to ambient NO2
concentrations that are both higher and
lower than the area-wide concentrations
reported for the study locations. As
noted above, this distribution of
exposure concentrations includes both
the higher short-term peak NO2
concentrations that occur on or near
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major roadways and the lower shortterm concentrations that occur away
from roadways.
When evaluating the epidemiologic
literature for its potential to inform the
selection of an appropriate range of
standard levels, the REA noted the ISA
conclusion that NO2 epidemiologic
studies provide ‘‘little evidence of any
effect threshold’’ (ISA, section 5.3.2.9, p.
5–15). In studies that have evaluated
concentration-response relationships,
those relationships appear linear within
the observed range of data (ISA, section
5.3.2.9). Given this lack of an apparent
threshold below which effects do not
occur, an important consideration with
regard to providing an adequate margin
of safety is the extent to which it is
appropriate for the range of proposed
standard levels to extend below NO2
concentrations that have been
associated with health effects in these
studies. For purposes of using the
epidemiologic evidence to identify a
range of standard levels for evaluation
in the absence of an apparent threshold,
the REA considered the range of NO2
concentrations that have been
monitored in locations, and during time
periods, of key U.S. epidemiologic
studies (ISA, Table 5.4–1).
Figures 4 and 5 below (REA, Figures
5–1 and 5–2) show standardized effect
estimates from single pollutant models
and the 99th and 98th percentiles of the
1-hour daily maximum NO2
concentrations recorded at area-wide
monitors in the locations, and during
the time periods, of key U.S. studies.
The peak NO2 concentrations to which
individuals were exposed on and/or
near major roadways in these locations
during the study periods would be
expected to be substantially higher than
the concentrations recorded at these
area-wide monitors. The lowest areawide 1-hour daily maximum
concentrations, 53 (99th percentile) and
50 (98th percentile) ppb, were
monitored in the location of the study
by Delfino et al. (2002). This single
study reported mixed results for
respiratory symptoms with most
reported NO2 effect estimates being
positive, and with some but not all
positive effect estimates being
statistically significant. A cluster of 5
studies (Ito et al., 2007; Jaffe et al., 2003;
NYDOH, 2006; Peel et al., 2005; Tolbert
et al., 2007) were conducted in locations
with area-wide 1-hour daily maximum
NO2 concentrations ranging from 93 to
112 ppb (99th percentile) and from 85
to 94 ppb (98th percentile). In these
studies, single pollutant models yielded
generally positive and often statistically
significant NO2 effect estimates for
respiratory-related emergency
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reported that ‘‘The estimates for NO2
were generally not attenuated in
multipollutant models, while the
estimates for the other pollutants [PM10,
ozone, NO2, and CO] suggested weaker
or no associations in the multipollutant
models.’’ The quantitative results for
these multi-pollutant models were not
presented in this study. In the
remaining 2 studies (NYDOH, 2006;
Tolbert et al., 2007), NO2 effect
estimates that were positive in single
pollutant models remained positive but
not statistically significant in multipollutant models.12 Two additional
studies which evaluated only single
pollutant models (Linn et al., 2000;
Ostro et al., 2001) reported positive and
statistically significant NO2 effect
estimates in locations with appreciably
higher area-wide 1-hour daily maximum
NO2 concentrations (i.e., around 200
ppb).
11 In this study, multi-pollutant models were
evaluated only for the warm months. Single
pollutant effect estimates for NO2 were statistically
significant for the warm months, but not for the
cold months.
12 As discussed above in section II.B.1, the
conclusion from the ISA that NO2 effect estimates
generally remain robust in multi-pollutant models
is based on evaluation of the broader body of
epidemiologic evidence which includes, but is not
limited to, these U.S. studies (e.g., see Figures 1–
3 above and ISA, Figures 3.1–7, 3.1–10, and 3.1–
11). Effect estimates from these U.S. studies were
not included in the multi-pollutant figures in the
ISA because the studies generally reported multipollutant model results only qualitatively. They
generally did not report the quantitative
information that would have been necessary to
include the results in the ISA figures.
13 Effect estimates presented in Figures 4 and 5
are from single pollutant models.
14 Authors of relevant U.S. and Canadian studies
were contacted and, for each study, air quality
statistics were requested from the monitor that
recorded the highest NO2 concentrations. In cases
where authors provided 1-hour daily maximum air
quality statistics, this information is presented in
Figures 4 and 5 (studies by Tolbert, Peel, NYDOH,
Delfino). In four cases (studies by Ito, Jaffe, Linn,
Ostro), we were not able to identify 1-hour NO2
statistics from the information provided by the
authors. In these cases, we evaluated monitored
NO2 concentrations reported to EPA’s Air Quality
System (AQS) for the location and time of the
study. Figures 4 and 5 present the highest 98th/99th
percentile 1-hour daily maximum NO2
concentrations that correspond to each study
location and time period. Prior to identifying
potential alternative standards, we did not receive
air quality information from any of the Canadian
authors contacted and we were unable to
reconstruct the air quality data sets for the Canadian
studies. Therefore, for purposes of identifying levels
of potential alternative standards, our analysis was
based on these key U.S. studies. Note that the NO2
concentrations reported in the study by Jaffe are
labeled as 24-hour concentrations, but the author
indicated in a personal communication (Jaffe, 2008)
that they actually represent 1-hour daily maximum
concentrations.
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department visits and hospital
admissions in a variety of locations
across the U.S. Of these 5 studies, 4
studies (Ito, 2007; NYDOH, 2006; Peel et
al., 2005; Tolbert et al., 2007) also
reported NO2 effect estimates using
multi-pollutant models, as discussed
above (section II.B.1.a). In the study by
Ito (2007), risk estimates were robust
and remained statistically significant in
multi-pollutant models that included
PM2.5, O3, CO, and SO2.11 In the study
by Peel et al. (2005), the authors
When evaluating the controlled
human exposure literature for its
potential to inform the selection of a
range of appropriate standard levels for
evaluation, the REA noted that available
studies have addressed the
consequences of short-term (e.g., 30minutes to several hours) NO2
exposures for a number of health
endpoints including increased airway
responsiveness, reduced host defense
and immunity, inflammation, and
decreased lung function (ISA, section
3.1). In identifying health endpoints on
which to focus for purposes of
informing decisions about potential
alternative standard levels, the REA
concluded that it was appropriate to
focus on those endpoints that occur at
or near ambient levels of NO2 and
endpoints that are of potential public
health significance. As described above
in more detail (section II.C.1), the only
endpoint to meet both of these criteria
is increased airway responsiveness in
asthmatics. The ISA concluded that NO2
exposures between 200 and 300 ppb for
30 minutes and 100 ppb for 60-minutes
can result in small but significant
increases in nonspecific airway
responsiveness (ISA, section 5.3.2.1)
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and that ‘‘transient increases in airway
responsiveness following NO2 exposure
have the potential to increase symptoms
and worsen asthma control’’ (ISA,
sections 3.1.3 and 5.4). This effect could
have important public health
implications due to the large size of the
asthmatic population in the United
States (ISA, Table 4.4–1). In addition,
NO2 effects on airway responsiveness in
asthmatics are part of the body of
experimental evidence that provides
plausibility and coherence for the
observed NO2-related increase in
hospital admissions and emergency
department visits in epidemiologic
studies (ISA, section 5.3.2.1). For all of
these reasons, the REA considered the
extent to which results reported for the
NO2-associated increase in airway
responsiveness in asthmatics could
inform decisions on alternative standard
levels.
With regard to controlled human
exposure studies of airway
responsiveness, the ISA and the REA
discussed an update to a meta-analysis
that was originally published by
Folinsbee in 1992 and considered in the
1993 NOX AQCD. The original analysis
by Folinsbee (1992) included individual
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level data from 19 studies involving
asthmatic volunteers. Folinsbee
reported that 65% of resting asthmatics
(57 of 88) exposed to NO2
concentrations between 100 and 140
ppb experienced an increase in airway
responsiveness. In addition, 76% (25 of
33) of resting asthmatics experienced
increased airway responsiveness
following exposure to NO2
concentrations between 200 and 300
ppb. These results in resting asthmatics
were statistically significant. Smaller,
and statistically non-significant,
percentages of exercising asthmatics
experienced increased airway
responsiveness following exposure to
NO2 concentrations (ISA, section
3.1.3.2). The reason for this difference is
not known as the factors that predispose
some asthmatics to NO2 responsiveness
are not understood (ISA, section
3.1.3.2).15
15 When the asthmatic results were grouped
together for all exposures, both at rest and during
exercise, the percent of asthmatics with increased
airway responsiveness decreased at the higher
exposure concentrations. This result could be
attributed to the lack of an effect in the asthmatics
exposed during exercise.
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The update of this meta-analysis
presented in the ISA (Table 3.1–3)
included one additional study of nonspecific responsiveness and removed an
allergen responsiveness study that was
included in the original 16 (see ISA,
section 3.1.3.2 for more discussion).
While the updated analysis does not
include new results at lower
concentrations (100–250 ppb), we
interpreted the results with a greater
focus on 100 ppb due, in part, to the
greater body of evidence available,
including new epidemiologic evidence.
Therefore, the updated analysis also
reported results specifically for an NO2
exposure concentration of 100 ppb. As
with the original analysis by Folinsbee
(1992), the updated meta-analysis
reported that a larger percentage of
resting asthmatics, as opposed to
exercising asthmatics, experienced an
NO2-related increase in airway
responsiveness. The updated analysis
reported that, when exposed at rest,
66% (33 of 50) of asthmatics
experienced an increase in airway
responsiveness following exposure to
100 ppb NO2, 67% (47 of 70) of
asthmatics experienced an increase in
airway responsiveness following
exposure to NO2 concentrations from
100 to 150 ppb, 75% (38 of 51) of
asthmatics experienced an increase in
airway responsiveness following
exposure to NO2 concentrations from
200 to 300 ppb, and 73% (24 of 33) of
asthmatics experienced an increase in
airway responsiveness following
exposure to NO2 concentrations above
300 ppb. The fraction of resting
asthmatics experiencing an increase in
airway responsiveness was statistically
significant at each of these NO2
concentrations.
Based on this evidence, we have
identified exposure to NO2 at a level of
100 ppb to be the lowest level at which
effects have been observed in controlled
human exposure studies, noting that it
is also the lowest level tested in the
studies used in the meta-analysis. There
is no evidence from this meta-analysis,
however, of a threshold below which
NO2-related effects do not occur.
b. Exposure- and Risk-Based
Considerations
Chapters 7–9 of the REA estimated
exposures and health risks associated
with recent air quality and with air
quality, as measured at monitors in the
current area-wide network, which had
been adjusted to simulate just meeting
the current and potential alternative
standards. The specific standard levels
evaluated, for an area-wide standard
based on the 3-year average of the 98th
and 99th percentile 1-hour daily
maximum NO2 concentrations, were 50,
100, 150, and 200 ppb.
The results of the air quality,
exposure, and risk analyses are
presented below in Table 1. With regard
to the air quality results, Table 1
presents the number of days per year
that NO2 concentrations on/near roads
were estimated to equal or exceed the
lowest and the highest health
benchmarks evaluated (100 and 300
ppb). Compared to just meeting the
current annual standard, exceedances
estimated to be associated with just
meeting 99th percentile 1-hour daily
maximum area-wide standard levels of
either 50 or 100 ppb were substantially
lower. In contrast, exceedances
estimated to be associated with 1-hour
area-wide standards of 150 or 200 ppb
were either similar to, or slightly higher
than, those estimated for just meeting
the current standard. Table 1 also
presents the results of the Atlanta
exposure and risk assessments. As is the
case for the air quality analyses, NO2
exposures and risks estimated to be
associated with just meeting 1-hour
area-wide standard levels of either 50 or
100 ppb were substantially lower than
those associated with just meeting the
current annual standard. Exposures and
risks estimated to be associated with 1hour area-wide standard levels of 150 or
200 ppb were somewhat lower than, or
similar to, those estimated for just
meeting the current annual standard.
TABLE 1—SUMMARY OF RESULTS OF THE EXPOSURE AND RISK ANALYSES PRESENTED IN THE REA
Mean estimated number of days
per year with 1-hour NO2
concentrations on/near roads
greater than or equal to benchmark levels (in location with largest number of estimate
exceedances)
Air quality
100 ppb
benchmark
Current annual standard ..............
100 ppb
benchmark
(percent)
300 ppb
benchmark
338
Mean percent of Atlanta
asthmatics estimated to
experience 6 or more days per
year with 1-hour NO2 exposure
concentrations greater than or
equal to benchmark levels (based
on the year 2002)
38
Mean percent of total respiratory
ED visits in Atlanta estimated to
be related to NO2
(based on the year 2007)
300 ppb
benchmark
(percent)
100
Single
pollutant
estimate
Multipollutant
estimates*
97
8.1
1.7–6.9
89
57
11
0
7.1
5.4
3.6
1.8
1.5–6.1
1.1–4.6
0.7–3.1
0.4–1.6
Potential Alternative Standards Evaluated in the REA
99th
99th
99th
99th
1-hour:
1-hour:
1-hour:
1-hour:
200 ppb ...................
150 ppb ...................
100 ppb ...................
50 ppb .....................
350
337
229
13
56
13
4
1
100
100
100
57
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* Ranges represent the range of risk estimates that result from including different co-pollutants in the model.
c. Summary of Considerations From the
REA
The policy assessment chapter of the
REA considered the scientific evidence
and the exposure/risk information as
they relate to considering alternative 116 The updated meta-analysis added a study that
evaluated non-specific airway responsiveness
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hour NO2 standards that could be
judged to be requisite to protect public
health with an adequate margin of
safety. The conclusions of the REA were
based, in large part, on scientific
evidence (i.e., key U.S. epidemiologic
studies) and exposure/risk analyses that
were based on the use of the available
NO2 air quality data from area-wide
monitors, as discussed above in sections
II.B and II.C. The implications of these
conclusions for a standard level that
reflects the maximum allowable
concentration anywhere in an area (a
following exposure to 260 ppb NO2 and removed
a study that evaluated allergen-induced airway
responsiveness following exposure to 100 ppb NO2.
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concentration likely to occur near major
roads) are discussed below in section
II.F.4.e.
When considering an appropriate
upper end of the range of 1-hour daily
maximum standard levels supported by
the scientific evidence, the REA noted
the following:
• Positive and statistically significant
associations were observed in several
key U.S. epidemiologic studies in
locations with area-wide 98th and 99th
percentile 1-hour daily maximum NO2
concentrations ranging from 85 to 112
ppb 17 (Peel et al., 2005; NYDOH, 2006;
Ito et al., 2007; Tolbert et al., 2007) (see
Figure 4 above).
• The meta-analysis of airway
responsiveness presented in the ISA
reported increased airway
responsiveness in most asthmatics (66%
or 33 out of 50) following short-term
exposures to 100 ppb NO2, which was
the lowest concentration for which such
data were available. Although some
uncertainties associated with this
evidence, as described above, provide
support for considering standard levels
below 100 ppb (i.e., studies have
typically involved volunteers with mild
asthma and data are lacking from more
severely affected asthmatics, who may
be more susceptible (ISA, p. 3–16)),
other uncertainties (i.e., the
undetermined magnitude and clinical
significance of the NO2-associated
increase in airway responsiveness)
provide support for considering higher
standard levels.
Given these considerations, the REA
concluded that the scientific evidence
provides support for a standard level up
to 100 ppb. The REA also noted that, to
the extent more emphasis is placed on
the uncertainties associated with
ascribing effects to NO2 in the cluster of
epidemiologic studies and on the
magnitude and clinical significance of
the NO2-associated increase in airway
responsiveness following exposure to
NO2, standard levels higher than 100
ppb could be considered. However, the
strongest support was concluded to be
for standard levels at or below 100 ppb.
When considering an appropriate
lower end of a range of levels supported
by the scientific evidence, the REA
noted the following:
• The epidemiologic study by Delfino
et al., (2002) evaluated associations
between short-term ambient NO2
concentrations and respiratory
symptoms in a location (Alpine, CA)
17 As noted above, the health effects reported in
epidemiologic studies are reasonably inferred to be
associated with exposure to ambient NO2
concentrations that are both higher than and lower
than the area-wide concentrations reported for the
study location.
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where area-wide NO2 concentrations
were well below levels in other key U.S.
epidemiologic studies. As noted above,
this single study provides mixed
evidence for NO2-associated effects in a
location with 99th and 98th percentile
1-hour daily maximum area-wide NO2
concentrations of 53 and 50 ppb,
respectively.
• The meta-analysis of controlled
human exposure studies reported
increased airway responsiveness in
asthmatics at the lowest NO2
concentration for which data were
available (i.e., 100 ppb). In identifying
the specific lower level for the standard
that could be reasonably supported by
this controlled human exposure
evidence, there are several reasons why
it is appropriate to consider levels
below 100 ppb. First, the meta-analysis
did not provide information on the
potential for an NO2-induced increase in
airway responsiveness at concentrations
below 100 ppb, leaving open the
possibility for effects following
exposures to lower concentrations.
Second, the studies included in the
meta-analysis did not evaluate severe
asthmatics and most of the subjects
included in these studies were mild
asthmatics. Asthmatics characterized as
having more severe asthma may be more
susceptible than mild asthmatics to the
effects of NO2 exposure (ISA, section
3.1.3.2).
Thus, the REA concluded that it was
appropriate to base the lower end of the
range of standard levels on NO2
concentrations in the location of the
epidemiologic study by Delfino and on
providing increased protection relative
to the lowest level at which increased
airway responsiveness in asthmatics
was reported in controlled human
exposure studies. Given the mixed
results reported in the Delfino study, the
REA concluded that it was appropriate
to consider standard levels
approximately equal to, rather than
below, those measured in the location of
the study. Given these considerations,
the REA concluded that the lower end
of the range of levels that is reasonably
supported by the scientific evidence is
50 ppb for a 1-hour standard that would
protect public health with an adequate
margin of safety.
In addition to these evidence-based
considerations, the REA compared the
health risks estimated to be associated
with just meeting the current standard
to those estimated to be associated with
different 1-hour standards. As noted
above (section II.C), the REA
characterized NO2-associated health
risks by estimating the potential
occurrence of ambient NO2
concentrations greater than or equal to
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concentrations reported to increase
airway responsiveness, exposures of
asthmatics to NO2 concentrations
reported to increase airway
responsiveness, and the incidence of
NO2-associated emergency department
visits. Given the REA conclusion that
the available evidence and information
clearly call into question the adequacy
of the current standard, the adequacy of
alternative 1-hour standards would also
be called into question if those
standards were estimated to be
associated with similar or higher risks.
In considering the three analyses that
characterized NO2-associated health
risks, the REA noted that just meeting 1hour area-wide standard levels of 150
and 200 ppb was estimated to be
associated with risks ranging from
somewhat lower to slightly higher than
those estimated for the just meeting the
current standard. In contrast, just
meeting 1-hour standard levels of 50 or
100 ppb, in conjunction with the
current area-wide monitoring network,
was estimated to result in appreciably
lower health risks than the current
standard. Given this, the REA
concluded that the exposure/risk
information reinforces the scientific
evidence in supporting a standard level
from 50 to 100 ppb.
d. CASAC Views
CASAC expressed their views in a
letter to the EPA Administrator (Samet,
2008b) within the context of their
review of the final REA, a review which
focused primarily on the policy
assessment chapter.18 In drawing
conclusions regarding the level of a
short-term standard, CASAC considered
the scientific evidence evaluated in the
ISA, the exposure and risk results
presented in the REA, and the evidenceand risk-based considerations presented
in the policy assessment chapter of the
REA. CASAC concurred with the
conclusion from the policy assessment
chapter that the strongest support is for
standard levels between 50 and 100
ppb. Their letter noted that, ‘‘CASAC
firmly recommends that the upper end
of the range not exceed 100 ppb.’’ In
considering the impact of margin of
safety on standard level, CASAC noted
that ‘‘the intent of the Clean Air Act is
to protect public health with an
adequate margin of safety and
consequently uncertainty should be
considered as a reason to move towards
the lower end of the range of levels and
not to the upper.’’ In addition, with
regard to the NO2 concentration gradient
18 Earlier CASAC letters focused on their review
of the air quality, exposure, and risk analyses as
presented in other chapters of the draft REA.
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around roadways, CASAC noted that
‘‘the highest exposures likely occur
when individuals are near roadways.’’
As a result they recommended that the
Agency consider the implications of this
exposure issue when interpreting the
evidence and when considering the
siting of regulatory monitors.
CASAC comments were offered
within the context of their review of the
final REA. As noted above, the
conclusions from the policy assessment
chapter of the final REA were based, in
large part, on scientific evidence and
exposure/risk information based on NO2
air quality data from the current areawide NO2 monitoring network.
Therefore, it is not clear the degree to
which CASAC recommendations might
differ for a standard level that reflects
the maximum allowable NO2
concentration anywhere in an area,
including near major roads. As noted in
section I.C above, we are specifically
soliciting CASAC comment on the use
of this approach and on the proposed
range of levels for a standard set using
this approach.
In drawing conclusions regarding the
level of an annual standard, CASAC
noted the scientific evidence assessed in
the ISA. Specifically, CASAC concluded
that while there is evidence supporting
the link between long-term NO2
exposure and adverse health effects, this
evidence does not provide a strong
quantitative basis for changing the level
of the current annual standard.
Therefore, with regard to the annual
standard, CASAC recommended
‘‘retaining the current level, as evidence
has not been cited that would lead to
either an increase or decrease’’ (Samet,
2008b).
e. Administrator’s Conclusions on Level
for a 1-Hour Standard
In considering the appropriate level
for an NO2 standard based on the 3-year
average of the 99th percentile (or 4th
highest) 1-hour daily maximum NO2
concentration, the Administrator has
considered the broad body of scientific
evidence and exposure/risk information.
She draws from that evidence and
information the need to protect at-risk
individuals against the distribution of
short-term ambient NO2 exposure
concentrations across an area and the
array of health effects that have been
linked to such NO2 exposures.
Specifically, the Administrator has
considered the extent to which a variety
of levels, which would reflect the
maximum allowable 1-hour NO2
concentration anywhere in an area,
would be expected to protect at-risk
individuals against increased airway
responsiveness, respiratory symptoms,
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and respiratory-related emergency
department visits and hospital
admissions. The Administrator notes
that these health endpoints are logically
linked together in that the evidence for
increased airway responsiveness in
asthmatics is part of the body of
experimental evidence that the ISA
recognized as supporting the
plausibility of associations between
ambient NO2 and the respiratory
morbidity endpoints (i.e., respiratory
symptoms, emergency department
visits, and hospital admissions) reported
in epidemiologic studies.
As noted above, NO2 exposure
patterns associated with respiratory
morbidity in epidemiologic studies are
reasonably expected to include shortterm peak exposures on and/or near
major roadways of a magnitude that has
been reported to increase airway
responsiveness in asthmatics. Therefore,
to inform the identification of an
appropriate range of standard levels to
propose, the Administrator has
considered the scientific evidence, the
exposure/risk results, and information
on the NO2 concentration gradient
around roadways.
In making judgments regarding the
weight to place on the scientific
evidence and exposure/risk information,
the Administrator has considered the
results of epidemiologic studies,
controlled human exposure studies, and
exposure/risk analyses as well as the
uncertainties associated with this
evidence and these analyses.
Specifically, she notes the following:
• The ISA concluded that
epidemiologic studies provide the
strongest support for the relationship
between short-term exposure to NO2
and respiratory morbidity. Despite the
possibility that associations between
health effects and NO2 in epidemiologic
studies may be confounded by the
presence of co-occurring pollutants,
particularly other traffic-related
pollutants, the ISA concluded that NO2
effect estimates remain robust in multipollutant models and that the evidence
supports a direct effect of NO2
exposures on respiratory morbidity,
independent of associations with other
traffic-related pollutants. Given this
conclusion, along with conclusions
from the ISA regarding the consistency
and the coherence of results across the
relatively large number of NO2
epidemiologic studies (both indoor and
outdoor) and the supporting evidence
from experimental studies, the
Administrator has judged it appropriate
to place substantial weight on
epidemiologic studies in identifying an
appropriate range of levels to propose.
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• Controlled human exposure studies
report that short-term exposures to NO2
can increase airway responsiveness in
asthmatics. With regard to this
evidence, the Administrator also has
considered the uncertainties associated
with the magnitude and the clinical
relevance of the NO2-associated increase
in airway responsiveness, noting that
this effect may or may not be clinically
significant for any given asthmatic.
However, given the potential public
health importance of this effect, due to
the large size of the asthmatic
population in the U.S. and the
possibility that the NO2-associated
increase in airway responsiveness could
worsen asthma symptoms and decrease
control of asthma, the Administrator
judges that it is also appropriate to place
weight on this evidence when
identifying an appropriate range of
levels to propose.
• The results of the risk and exposure
analyses presented in the REA provide
information on the potential public
health implications of setting the
standard at different levels. The
Administrator acknowledges the
uncertainties associated with these
analyses which, as discussed in the
REA, could result in either over- or
underestimates of NO2-associated health
risks. However, she also notes that those
uncertainties should be similar across
different air quality simulations within
the air quality, exposure, and risk
analyses. Therefore, the Administrator
judges that these analyses are
potentially useful for considering the
relative levels of public health
protection that could be provided by
specific standard levels.
After considering the scientific
evidence and the exposure/risk
information (see sections II.B, II.C, and
II.F.4.a through II.F.4.c), as well as the
available information on the NO2
concentration gradient around roadways
(section II.A.2), as they relate to a
standard level reflecting the maximum
allowable NO2 concentration in an area,
the Administrator concludes that the
strongest support is for a standard level
at or somewhat below 100 ppb. The
Administrator’s rationale in reaching
this conclusion is provided below.
First, the Administrator notes that a
standard level of 100 ppb or lower
under the proposed approach would be
expected to limit short-term peak NO2
exposures to concentrations that have
been reported to increase airway
responsiveness in asthmatics. With
regard to this, the Administrator
specifically notes the following:
• The meta-analysis of controlled
human exposure data in the ISA
reported increased airway
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responsiveness in asthmatics at rest
following exposure at and above 100
ppb NO2, the lowest NO2 concentration
for which airway responsiveness data
are available in humans.
• This meta-analysis does not provide
any evidence of a threshold below
which effects do not occur. The studies
included in the meta-analysis evaluated
primarily mild asthmatics while more
severely affected individuals could
respond to lower concentrations. Given
this, it is possible that exposure to NO2
concentrations below 100 ppb could
increase airway responsiveness in some
asthmatics.
• However, the magnitude of the
NO2-induced increase in airway
responsiveness, and its clinical
implications, cannot be quantified from
the meta-analysis. As noted previously,
the NO2-induced increase in airway
responsiveness may or may not be
clinically significant. Further, there was
a lack of an effect in asthmatics exposed
during exercise.
Given the above considerations, the
Administrator concludes that the
controlled human exposure studies of
airway responsiveness provide support
for limiting exposure to NO2
concentrations at or somewhat below
100 ppb. While she acknowledges that
exposure to lower concentrations could
increase airway responsiveness in some
asthmatics, the Administrator concludes
that, given the uncertainties regarding
the magnitude and the clinical
significance of the NO2-induced
increase in airway responsiveness, the
greatest support is for limiting
exposures to 100 ppb.
Second, the Administrator notes that
a standard level at or somewhat below
100 ppb under the proposed approach
would be expected to maintain peak
area-wide NO2 concentrations
considerably below peak area-wide
concentrations measured in locations
where multiple key U.S. epidemiologic
studies have reported associations with
emergency department visits and
hospital admissions. With regard to this,
the Administrator specifically notes that
5 key U.S. studies provide evidence for
effects in locations where 99th
percentile 1-hour daily maximum NO2
concentrations measured at area-wide
monitors ranged from 93 to 112 ppb.
The Administrator notes that the study
by Delfino provides mixed evidence for
effects in a location with a 99th
percentile 1-hour daily maximum NO2
concentration, as measured by an areawide monitor, of 53 ppb. In that study,
most of the reported NO2 effect
estimates were positive, but not
statistically significant. Focusing on
these studies, the Administrator
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concludes that they provide support for
limiting area-wide NO2 concentrations
to below 90 ppb (99th percentile) in
order to provide protection against the
reported effects. She also concludes that
limiting area-wide concentrations to
considerably below 90 ppb would be
appropriate in order to provide an
adequate margin of safety. Given the
mixed results of the Delfino study, the
Administrator concludes that it may not
be necessary to maintain area-wide NO2
concentrations at or below 50 ppb to
provide protection against the effects
reported in epidemiologic studies.
Given that NO2 concentrations near
roads may be 30 to 100% higher than
concentrations away from roads (see
section II.A.2), the Administrator notes
that a standard level at or somewhat
below 100 ppb under the proposed
approach could limit area-wide NO2
concentrations to well below 90 ppb
(99th percentile). With regard to this,
she specifically notes the following:
• If NO2 concentrations near roads are
30% higher than concentrations away
from roads, a standard level of 100 ppb
could limit area-wide concentrations to
approximately 75 ppb.
• If NO2 concentrations near roads are
65% higher than concentrations away
from roads (the mid-range of the 30% to
100% gradients), a standard level of 100
ppb could limit area-wide NO2
concentrations to approximately 60 ppb.
• If NO2 concentrations near roads are
100% higher than concentrations away
from roads, a standard level of 100 ppb
could limit area-wide concentrations to
approximately 50 ppb.
Therefore, a standard level at or
somewhat below 100 ppb under the
proposed approach would be expected
to maintain area-wide NO2
concentrations well below 90 ppb across
locations despite the expected variation
in the NO2 concentration gradient that
can exist around roadways in different
locations and over time. Such a
standard level recognizes the substantial
weight that the Administrator judges is
appropriate to place on the cluster of
key U.S. epidemiologic studies that
reported positive, and often statistically
significant, associations between NO2
and emergency department visits and
hospital admissions. This judgment
takes into account the determinations in
the ISA, based on a much broader body
of evidence, that there is a likely causal
association between exposure to NO2
and these kinds of morbidity effects,
and that there is no evidence of a
threshold below which such effects
would not occur.
As noted above, based on the
Administrator’s consideration of the
controlled human exposure and
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epidemiologic evidence, she concludes
that the strongest support is for a
standard level reflecting the maximum
allowable NO2 concentration in an area
at or somewhat below 100 ppb. In
addition to these evidence-based
considerations, the Administrator notes
that a standard level of 100 ppb under
the proposed approach would be
consistent with the results of the
exposure and risk analyses presented in
the REA. As described in sections
II.F.4.b and II.F.4.c above, the results of
these analyses supported limiting areawide NO2 concentrations to between 50
and 100 ppb, which would be expected
with a standard level at or below 100
ppb under the proposed approach.
Given all of these considerations, the
Administrator concludes that a standard
level at or somewhat below 100 ppb
under the proposed approach would be
requisite to protect public health with
an adequate margin of safety against the
array of NO2-associated health effects.
To the extent it is determined
appropriate to emphasize the possibility
that NO2-induced airway
responsiveness in asthmatics could
occur following exposures below 100
ppb and/or the clinical significance of
such increase in airway responsiveness,
the Administrator notes that the
evidence would support setting the
standard level below 100 ppb. The
Administrator also notes that a standard
level below 100 ppb would be
consistent with placing greater
emphasis on the mixed results reported
in the epidemiologic study by Delfino et
al. (2002). Specifically, she notes that a
standard level of 80 ppb would be
expected to limit area-wide NO2
concentrations to approximately 50 ppb
(80 is 65% higher than 50) and that a
standard level of 80 ppb would be
expected to provide protection against
exposure concentrations below those
that have been reported to increase
airway responsiveness in asthmatics.
For the reasons stated above, the
Administrator proposes to set the level
of a new 1-hour standard between 80
ppb and 100 ppb. In so doing, the
Administrator proposes to place
emphasis on reported findings from
both epidemiologic studies and from
controlled human exposure studies. In
order to protect against NO2-associated
emergency department visits and
hospital admissions reported in
multiple key U.S. epidemiologic
studies, and against reported NO2induced increases in airway
responsiveness, the Administrator
proposes to set the standard level no
higher than 100 ppb. In addition, in
light of the fact that the Administrator
is considering, and soliciting comment
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on, the appropriate weight to place on
the potential risk of NO2-associated
effects in locations with relatively low
area-wide NO2 concentrations and on
the significance of potential NO2induced increases in airway
responsiveness in some asthmatics
following exposures to concentrations
below 100 ppb, the Administrator is
proposing to set a standard level within
a range that includes 100 ppb but is no
lower than 80 ppb.
The Administrator solicits comment
on the appropriateness of this proposed
range of standard levels as well as on
the approach she has used to identify
the range. Specifically, the
Administrator solicits comment on the
following:
• The weight she has placed on the
epidemiologic evidence, the controlled
human exposure evidence, the
exposure/risk information, and the
uncertainties associated with each of
these.
• Her use of available information on
the NO2 concentration gradient around
roadways (i.e., that concentrations near
roadways can be 30 to 100% higher than
concentrations in the same area but not
near the road) to inform an appropriate
range of standard levels.
• The most appropriate part of the
proposed range in which to set the
standard level given the available
scientific evidence, exposure/risk
information, NO2 air quality
information, and the uncertainties
associated with each.
With regard to the proposed range of
standard levels, the Administrator notes
that the proposed range is consistent
with the recommendation by CASAC to
set a standard level no higher than 100
ppb. However, much of the evidence
and exposure/risk information that
informed CASAC’s advice was based on
NO2 concentrations measured at areawide monitors in the current monitoring
network. CASAC did not explicitly
address whether or how the standard
level should differ if it reflects the
maximum allowable NO2 concentration
in a location (including near major
roads) rather than the maximum
allowable area-wide concentration.
The Administrator also solicits
comment on setting a standard level
above 100 ppb and up to 150 ppb. In so
doing, the Administrator recognizes that
there are uncertainties with the
scientific evidence, such as that
associated with the magnitude and
clinical significance of the NO2-induced
increase in airway responsiveness in
asthmatics and with attributing effects
reported in epidemiologic studies
specifically to NO2 given the presence of
co-occurring pollutants. The
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Administrator invites comment on the
extent to which it is appropriate to
emphasize these uncertainties in
considering the standard level and on
whether it would be appropriate to set
a standard level as high as 150 ppb.
The Administrator notes that, in order
to consider the potential implications of
a standard level as high as 150 ppb, it
is important to put such a standard in
the context of potential ambient
concentrations. A standard level of 150
ppb under the proposed approach could
be associated with 1-hour area-wide
NO2 concentrations of approximately 90
ppb (150 is approximately 65% higher
than 90), and potentially with
concentrations ranging from 75 to 115
ppb (150 is approximately 100% higher
than 75 and 30% higher than 115)
depending on location.
The Administrator notes that a
standard level as high as 150 ppb would
place more emphasis on uncertainties
associated with the scientific evidence.
Specifically, a standard level of 150 ppb
would emphasize the uncertainty
associated with the magnitude and the
clinical significance of the NO2-induced
increase in airway responsiveness in
asthmatics and would be based on an
assumption that NO2-associated health
effects reported in epidemiologic
studies are due in large part to exposure
to co-occurring pollutants, rather than
exposure to NO2. As noted above, the
Administrator seeks comment on the
extent to which it would be appropriate
to emphasize these uncertainties in
considering the standard level and the
extent to which the scientific evidence
would support levels up to 150 ppb.
In addition, the Administrator notes
that a standard level lower than 80 ppb
could be appropriate to the extent that
near-road concentrations are determined
to be closer to 30% higher than areawide concentrations or to the extent that
additional emphasis is placed on the
possibility that exposure to NO2
concentrations below 100 ppb could
increase airway responsiveness in some
asthmatics. Accordingly, the
Administrator also solicits comment on
standard levels as low as 65 ppb (30%
higher than an area-wide concentration
of 50 ppb).
f. Alternative Approach to Setting the
1-Hour Standard Level
As discussed above, the
Administrator is proposing a standard
level reflecting the maximum allowable
NO2 concentration anywhere in an area.
However, for the reasons discussed
below, EPA also solicits comment on an
alternative approach to setting a 1-hour
NO2 standard. Under this alternative
approach, the standard level would
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reflect the maximum allowable NO2
concentration measured at an area-wide
monitoring site. Such a site would not
be located in close proximity to major
roads and, for a given area, would not
be the location of the maximum NO2
concentration anywhere in that area. In
conjunction with soliciting comment on
this alternative approach, EPA solicits
comment on setting the level of such a
standard within the range of 50 to 75
ppb. In addition, as with the proposed
standard, EPA solicits comment on NO2
as the indicator, a 1-hour (daily
maximum) averaging time, and the 3year average of the 99th percentile (or
4th highest) or 98th percentile (or the
7th or 8th highest) as the form.
With regard to the range of levels from
50 to 75 ppb, which would reflect
maximum allowable area-wide NO2
concentrations under this approach, the
Administrator notes the following. First,
a standard level within in this range
would be expected to maintain areawide NO2 concentrations below peak
1-hour area-wide concentrations
measured in locations where key U.S.
epidemiologic studies have reported
associations with respiratory-related
emergency department visits and
hospital admissions. Second, she notes
that standard levels from the lower end
of this range would be expected to limit
roadway-associated exposures to NO2
concentrations that have been reported
in controlled human exposure studies to
increase airway responsiveness in
asthmatics. A standard level of 50 ppb
under this approach could limit nearroad concentrations to between 65 and
100 ppb, given that near-road NO2
concentrations can range from 30% to
100% higher than area-wide
concentrations. Assuming the mid-point
of the range of gradients (i.e., that nearroad concentrations are 65% higher
than area-wide concentrations), a
standard level of 50 ppb under this
approach could limit near-road
concentrations to approximately 80 ppb
and a standard level of 60 ppb could
limit near-road concentrations to
approximately 100 ppb. Third, to the
extent that relatively more emphasis is
placed on the uncertainties regarding
the magnitude and clinical significance
of the NO2-induced increase in airway
responsiveness, the Administrator notes
that a standard level from the upper end
of the range could be determined to be
appropriate. Finally, this approach
would provide more confidence than
the proposed approach regarding the
degree to which a specific standard
level would limit area-wide NO2
concentrations but less confidence
regarding the degree to which a specific
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standard level would limit the peak NO2
concentrations likely to occur near
major roadways.
The Administrator recognizes that her
proposed approach results from a
comprehensive evaluation of alternative
approaches to determining the level of
the NO2 primary NAAQS, but that these
approaches have not previously been
presented to CASAC, or other
stakeholders, for their evaluation and
public discussion. More specifically, the
Administrator notes that much of the
information included in the policy
assessment chapter of the REA, which
formed the foundation for CASAC’s
recommendations regarding standard
level, was based on evaluation of data
drawn from the current area wideoriented monitoring network. Further,
the Administrator notes that CASAC did
not explicitly discuss in their
recommendations whether and how the
standard level should differ if that level
reflects the maximum allowable NO2
concentration anywhere in an area
rather than the maximum allowable NO2
concentration measured at an area-wide
monitoring site. Given this, the
Administrator recognizes the possibility
that comments received on this
proposal, particularly those received
from CASAC, could provide important
new information for consideration.
g. Level of the Annual Standard
With regard to the annual standard,
the Administrator notes that the ISA
concluded that the scientific evidence is
suggestive but not sufficient to infer a
causal relationship between long-term
NO2 exposure and respiratory
morbidity. While some studies have
reported associations between long-term
NO2 exposure and respiratory endpoints
such as decrements in lung function
growth (Gauderman et al., 2004; RojasMartinez et al., 2007a and b; Oftedal et
al., 2008), the ISA notes that the high
correlation among traffic-related
pollutants makes it difficult to
accurately estimate independent effects
in these long-term studies. CASAC
recommended retaining an annual
standard in order to provide protection
against potential health effects
associated with long-term exposures.
They based this recommendation on
‘‘the limited evidence related to
potential long-term effects of NO2
exposure and the lack of strong
evidence of no effect’’ (Samet, 2008b).
With regard to the level of an annual
standard, CASAC recommended
retaining the current level as the
evidence considered did not provide a
basis for either increasing or decreasing
it. Given these considerations, and
recognizing that a new 1-hour standard
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level as proposed would also provide
some degree of protection from longterm exposures, the Administrator
proposes to take a cautious approach
and retain the current annual standard.
The Administrator solicits comment on
this approach.
G. Summary of Proposed Decisions on
the Primary Standard
For the reasons discussed above, and
taking into account information and
assessments presented in the ISA and
REA as well as the advice and
recommendations of CASAC, the
Administrator proposes that the current
annual standard is not requisite to
protect public health with an adequate
margin of safety. The Administrator
proposes to establish a new short-term
standard that will afford increased
protection for asthmatics and other atrisk populations against an array of
adverse respiratory health effects related
to short-term NO2 exposure. These
effects include increased asthma
symptoms, worsened control of asthma,
an increase in respiratory illnesses and
symptoms, and related serious
indicators of respiratory morbidity
including emergency department visits
and hospital admissions for respiratory
causes.
Specifically, the Administrator
proposes to set a new short-term
primary NO2 standard, with a 1-hour
(daily maximum) averaging time, a form
defined as the 3-year average of the 99th
percentile or the 4th highest daily
maximum concentration. The level for
the new standard is proposed to be
within the range of 80 to 100 ppb,
reflecting maximum allowable
concentrations anywhere in an area. In
conjunction with this proposed
standard, the Administrator also solicits
comment on levels as low as 65 ppb and
as high as 150 ppb, and on alternative
forms including the 3-year average of
the 98th percentile or the 7th or 8th
highest daily maximum concentration.
In addition, the Administrator also
solicits comment on an alternative
approach to setting a new 1-hour
standard. Under this alternative, the
NO2 NAAQS would reflect the
maximum allowable area-wide NO2
concentration, which would be
measured away from major roads. With
regard to this approach, the
Administrator solicits comment on a
level within the range from 50 to 75 ppb
and on the same alternative forms as
noted above.
In addition to setting a new 1-hour
standard, the Administrator proposes to
retain the current annual standard. The
current annual standard together with a
new 1-hour standard would provide
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protection against health effects
potentially associated with long-term
exposures to NO2. The Administrator
solicits comment on this approach.
III. Proposed Amendments to Ambient
Monitoring and Reporting
Requirements
The EPA is proposing changes to the
ambient air monitoring, reporting, and
network design requirements for the
NO2 NAAQS. This section discusses the
changes we are proposing which are
intended to support the proposed 1hour NAAQS and proposed retention of
the current annual NAAQS in Section II.
Ambient NO2 monitoring data are used
to determine whether an area is in
violation of the NO2 NAAQS. Ambient
NO2 monitoring data are collected by
state, local, and Tribal monitoring
agencies (‘‘monitoring agencies’’) in
accordance with the monitoring
requirements contained in 40 CFR parts
50, 53, and 58.
A. Monitoring Methods
To be used in a determination of
compliance with the NO2 NAAQS, NO2
data must be collected using a Federal
Reference Method (FRM) or a Federal
Equivalent Method (FEM) analyzer. The
current monitoring method in use by
most State and local monitoring
agencies is the gas-phase
chemiluminescence FRM (40 CFR Part
50, Appendix F), which was
implemented into the NO2 monitoring
network in the early 1980s. The current
list of all approved FRMs and FEMs
capable of providing ambient NO2 data
for use in attainment designations may
be found on the EPA Web site (https://
www.epa.gov/ttn/amtic/files/ambient/
criteria/reference-equivalent-methodslist.pdf). It must be noted, however, that
due to the proposal of a new 1-hour
NAAQS, wet chemical based FEMs
would not be appropriate for use in
determining compliance of the proposed
1-hour NAAQS, since such methods are
incapable of providing hourly averaged
data. Therefore, we propose that any
NO2 FRM or FEM used for making
primary NAAQS decisions must be
capable of providing hourly averaged
concentration data. We propose to only
allow FRM or FEMs capable of
providing hourly averaged
concentration data to be used to
produce data for comparison to the
NAAQS, and solicit comment on this
proposed requirement.
The sum of nitric oxide (NO) and NO2
is commonly called NOX. Nitrogen
oxides, technically the total reactive
nitrogen oxide family, known as NOY, is
defined as the sum of NO, NO2, and the
higher nitrogen oxides collectively
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termed NOZ. Important components of
ambient NOZ include nitrous acid
(HNO2), nitric acid (HNO3), and the
peroxyacetyl nitrates (PANs). However,
NO2 is the indicator for the nitrogen
oxides NAAQS. In the ambient
monitoring network, very nearly all
measurements of NO2 are collected by
the chemiluminescence FRM. However,
this technique directly measures only
NO by the principle of gas-phase
chemiluminescence induced by the
reaction of NO with O3 at low pressure.
NO2 concentrations are determined
indirectly by the analyzer in two steps:
(1) By first measuring the ambient NO
concentration, and (2) determining total
NOX, including NO2, by measuring a
second NO concentration after reducing
the NO2 in the sample air stream to NO
(most often through the use of a
molybdenum oxide (MoOX) substrate
heated to between 300 °C and 400 °C in
the sample flow path). The difference
between the second concentration (NO
plus the NO2 reduced to NO) and the
first concentration (ambient NO only) is
reported as the NO2 concentration.
One issue of note with the
chemiluminescence FRM is that the
reduction of NO2 to NO on the MoOX
converter substrate is not specific to
NO2; hence, chemiluminescence
method analyzers are subject to varying
interferences produced by the presence
in the air sample of the NOZ species
listed above and others occurring in
trace amounts in ambient air. This
interference is often termed a ‘‘positive
artifact’’ in the reported NO2
concentration since the presence of NOZ
results in an over-estimate in the
reported measurement of the actual
ambient NO2 concentration. This
interference by NOZ compounds has
long been known and evaluated
(Fehsenfeld et al., 1987; Nunnermacker
et al., 1998; Parrish and Fehsenfeld,
2000; McClenny et al., 2002; U.S.
Environmental Protection Agency, 1993,
2006a). The sensitivity of the
chemiluminescence FRM to potential
interference by individual NOZ
compounds is variable and depends in
part on characteristics of individual
monitors, such as the design of the
instrument inlet, the temperature and
composition of the reducing substrate,
and the interactions of atmospheric
species with the reducing substrate.
Furthermore, the concentrations of NOZ
compounds in ambient air are variable
with time and distance from the sources
of NO and NO2, chiefly the point source
and both on-road and non-road mobile
source combustion of fossil fuels. Nearer
to these sources, the potential
interference is lower than it is farther
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away because more of the measured
nitrogen oxides are present as the
emitted NO and quickly formed NO2,
rather than NOZ. This is because
oxidation to the NOZ compounds from
NO and NO2 requires time and the
presence of other atmospheric
compounds like the hydroxyl radical.
Overall, as noted in the ISA, it
appears that interference by NOZ on
chemiluminescence FRMs is not more
than 10 percent of the reported NO2
concentration during most or all of the
day during winter (cold temperatures),
but larger interference ranging up to 70
percent can be found during summer
(warm temperatures) in the afternoon at
sites away and downwind from strong
emission sources. In general, the NOZ
interference in the reported NO2
concentrations collected downwind of
source areas and NO2 concentrations
collected in relatively remote areas
away from concentrated point, area, or
mobile sources is larger than the NOZ
interference in NO2 measurements taken
in urban cores or other areas with fresh
NOX emissions.
The chemiluminescence FRM is well
established, comprising a large majority
of the current operating network, and
has served as the principal monitoring
method in the NO2 network for more
than thirty years. Many of the
epidemiologic studies referenced in the
REA as the health basis for the proposed
primary NO2 NAAQS utilized ambient
NO2 data obtained from
chemiluminescence FRMs, and
subsequently, the uncertainties that may
occur from the potential positive
influence of NOZ species on NO2 values
provided by the ambient FRM
monitoring network are already
reflected in those studies. Therefore, for
purposes of comparing NO2 monitoring
data to the NO2 NAAQS, the EPA
believes that the chemiluminescence
FRMs are appropriate for continued use
under the current standard and under
any of the options being considered for
a new 1-hour averaged primary NO2
NAAQS.
EPA is aware of the more recent
development of an alternative method
in determining NO2 concentrations by
chemiluminescence, specifically
through the use of a photolytic
converter, which uses specific
wavelengths of ultraviolet light to
reduce NO2 to NO in lieu of the FRM’s
MoOX substrate converter. The
advantage of the photolyticchemiluminescence method is that the
photolytic converter is more specific to
NO2, as compared to a MoOX substrate
converter, and does not reduce many
NOZ species to NO (Ryerson et al.,
2000), reducing the potential influence
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of NOZ concentrations on the reported
NO2 concentration. The photolyticchemiluminescence method is currently
deployed within certain research
networks, but the EPA has not approved
this method as an FRM or an FEM. If
this technique is to be advanced to an
FRM or FEM, the method may require
additional research and development to
ensure the stability of the photolytic
converter rates in a variety of ambient
conditions and monitor set-ups that
might be experienced in the field and a
consistent method of mathematically
correcting for the known converter
efficiencies.
EPA also recognizes that, although not
widely used by state and local
monitoring agencies, the existing FRM
and FEM path-integrated optical remote
sensing techniques, also known as openpath and remote sensing methods,
which use spectrometers to detect
pollutant concentrations by light
absorption over an optical path length,
are suitable for continued use in the
ambient monitoring network as they can
provide NO2 measurements with
reduced influences of NOZ species on
the reported NO2 concentrations,
relative to the chemiluminescence FRM.
However, these methods do not provide
point specific concentrations like those
provided by chemiluminescence FRMs
that are typically expected and seen in
the monitoring network, and may be one
of the reasons these methods are not
more widely used.
In recognition of the existence of
alternative methods that may be useful
in the measurement of NO2 for NAAQS
compliance purposes, as well as other
objectives, EPA solicits comment on the
advantages and disadvantages of
advancing technology, such as the
photolytic-chemiluminescence method,
or the use of existing open-path or
remote sensing FRM and FEM
technology, as alternative methods to
supplement the approved
chemiluminescence FRMs already
deployed across the U.S. at NO2
monitoring sites.
B. Network Design
1. Background
The basic objectives of an ambient
monitoring network, as noted in 40 CFR
Part 58 Appendix D, include (1)
providing air pollution data to the
general public in a timely manner, (2)
supporting compliance with ambient air
quality standards and emissions strategy
development, and (3) providing support
for air pollution research. Section II.A.1
notes that there are currently no
minimum monitoring requirements for
NO2 in 40 CFR part 58 Appendix D,
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other than the requirement for EPA
Regional Administrator approval before
removing any existing monitors, and
that any ongoing NO2 monitoring must
have at least one monitor sited to
measure the maximum concentration of
NO2 in that area. As discussed in
Section II.A.2, an analysis of the
approximately 400 19 monitors
comprising the current NO2 monitoring
network (Watkins and Thompson, 2008)
indicates that the most frequently stated
monitor objectives for sites in the
current NO2 network are for the
assessment of concentrations for general
population exposure and maximum
(highest) concentrations typically at the
neighborhood and urban scales. Spatial
scales are defined in 40 CFR Part 58
Appendix D, Section 1.2, where the
scales of representativeness of most
interest for the monitoring site types
include:
1. Microscale—Defines the
concentration in air volumes associated
with area dimensions ranging from
several meters up to about 100 meters.
2. Middle scale—Defines the
concentration typical of areas up to
several city blocks in size, with
dimensions ranging from about 100
meters to 0.5 kilometers.
3. Neighborhood scale—Defines
concentrations within some extended
area of the city that has relatively
uniform land use with dimensions in
the 0.5 to 4.0 kilometers range.
4. Urban scale—Defines
concentrations within an area of citylike dimensions, on the order of 4 to 50
kilometers. Within a city, the geographic
placement of sources may result in there
being no single site that can be said to
represent air quality on an urban scale.
The neighborhood and urban scales
have the potential to overlap in
applications that concern secondarily
formed or homogeneously distributed
air pollutants.
5. Regional scale—Defines usually a
rural area of reasonably homogeneous
geography without large sources, and
extends from tens to hundreds of
kilometers.
The ISA and REA indicate that one of
the largest factors affecting ambient
exposures to NO2 above health
benchmark concentrations are mobile
source emissions, particularly at
locations near major roads. Information
19 It should be noted that the ISA Section 2.4.1
references a different number of active monitors in
the NO2 network. The difference stems from how
‘currently operating monitors’ were defined when
extracting data from AQS. The ISA only references
SLAMS, NAMS, and PAMS sites with defined
montoring objectives, while the Watkins and
Thompson, 2008 value represents all NO2 sites
reporting data at any point during the year.
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in the ISA and the REA shows that
concentrations of mobile source
pollutants, including NO2, typically
display peak concentrations on or
immediately adjacent to roads,
producing a gradient in pollutant
concentrations where concentrations
decrease with increasing distance from
roads (Section II.A.2 above, ISA sections
2.5.4 and 4.3.6 and Table 2.2–1; REA
section 7.3.2 and Figures 8–17 and 8–
18). In the ambient environment, NO2 is
largely a secondary pollutant resulting
from the reaction of NO with available
ozone (O3), the concentrations of which
depend on photochemical reactions of
ambient hydrocarbons and prior (precursory) NOX emissions. The ISA notes
that the direct emission of NO2 from
mobile sources is estimated to be only
a few percent of the total NOX emissions
for light-duty gasoline vehicles, and
anywhere from less than 10 percent up
to 70 percent of the total NOX emission
from heavy-duty diesel vehicles,
depending on the engine, the use of
emission control technologies such as
catalyzed diesel particulate filters
(CDPFs), and mode of vehicle
operation.20 However, since the rate of
conversion of mobile source NO to NO2
as described above is a generally rapid
process, (i.e., on the order of a minute
(ISA Section 2.2.2)), NO2 behaves like a
primary pollutant in the near-road
environment, exhibiting peak
concentrations on or closely adjacent to
roads. However, due to the secondary
formation characteristic of NO2, its rate
of decay with increasing distance from
a road can be slower than that of the
other pollutants directly emitted from
mobile sources including carbon
monoxide (CO), ultrafine particulates,
air toxics, and black carbon. Literature
values indicate that the distance
required for NO2 concentrations to
return to near area-wide or background
concentrations away from major
roadways can range up to 500 meters.
The actual distance is variable, and
highly dependent on topography,
roadside features, meteorology, and the
related photochemical reactivity
conditions (Baldauf et al., 2008;
Beckerman et al., 2007; Clements et al.,
2008; Gilbert et al. 2003; Hagler et al.,
20 The ISA references studies of heavy-duty diesel
vehicles retrofitted with a CDPF in describing the
range of NO2 to NOX ratios from diesel vehicles.
These studies are based on vehicles equipped with
CDPFs prior to 2009. However, as of January 1,
2009, EPA’s National Clean Diesel Campaign
requires that emission control devices included on
its Verified Technologies List raise the fraction of
NO2 in exhaust NOX from an engine no more than
20% above the baseline engine NO2 to NOX ratio.
Retrofit technologies sold after January 1, 2009 that
do not meet the NO2 emission limit may not be
installed or sold as EPA verified technologies.
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34441
2009; Rodes and Holland, 1980; Singer
et al., 2003; Zhou and Levy, 2007).
Nonetheless, any efforts to measure
peak ambient NO2 concentrations from
on-road mobile sources, or other mobile
source pollutant of interest noted above,
would be best served by monitoring as
near as practicable to roadways of
interest.
2. Proposed Changes
In conjunction with the proposed 1hour NAAQS and the proposed
retention of the current annual NAAQS,
we propose a number of changes to the
NO2 monitoring network. As described
above in Section II.F.4, we are
proposing a 1-hour NO2 NAAQS that
reflects the maximum allowable NO2
concentration in an area. However, the
current network is not oriented to
address peak concentrations, such as the
on-road and near-road environment, but
many sites may be situated to assess
high concentrations at the neighborhood
or larger spatial scales. The EPA is
proposing a two-tier network design to
monitor ambient concentrations of NO2
and assess compliance with the NO2
NAAQS. The two tiers would provide
data for comparison with both the 1hour and annual standards, and would
be comprised of (1) monitoring in areas
of expected maximum 1-hour
concentrations and (2) monitoring to
characterize areas with the highest
expected NO2 concentrations at the
neighborhood and larger spatial scales,
or ‘‘area-wide’’ scales. Because the
maximum hourly NO2 concentrations in
many areas are expected to be due to onroad mobile emissions, the EPA believes
that the first tier of the monitoring
network should include a component
requiring monitoring near major roads,
where higher NO2 concentrations have
been identified and there are no
significant monitoring efforts to address
roadway exposures. The EPA recognizes
that requiring a component of the
ambient NO2 monitoring network to
characterize the peak NO2
concentrations derived from on-road
mobile sources, using monitors placed
near major roadways (‘‘near-road
monitors’’), will introduce new
requirements for monitoring sites that,
for a majority of the state and local
monitoring networks, currently do not
exist.21 However, the monitoring of
maximum hourly concentrations of
NO2, particularly in the near-road
environment, is an essential component
21For purposes of the discussion, near-road NO
2
monitors are defined to be no greater than 50 meters
from the nearest traffic lane of target road segments.
The details of appropriately placing NO2 monitors
near roads are explained in Section III.2.a of this
document.
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of an ambient monitoring network
designed to determine compliance with
the proposed 1-hour NAAQS. In
addition, the EPA recognizes that the
establishment of near-road monitoring
sites will produce certain other
advantages, by providing a new data
source for public health studies that will
support future NAAQS reviews,
allowing for the tracking of mobile
source emission reductions progress,
providing monitoring infrastructure that
may be of use for mixtures of pollutants
in a multi-pollutant paradigm, and
supporting scientific studies of other
mobile source pollutants like CO,
ultrafine particulate matter, black
carbon, and air toxics.
The second tier of the proposed
network design, the area-wide
monitoring component, is intended to
characterize the highest concentrations
of NO2 typical or representative of
neighborhood and larger spatial scales,
to address the wider area impact of NO2
sources on urban populations. Further,
a requirement for the continuation of
area-wide monitoring of NO2 serves to
maintain continuity in collecting areawide data that have served to inform
long-term pollutant concentration
trends analysis and health and scientific
research for more than thirty years.
We propose that state and, when
appropriate, local air monitoring
agencies provide a plan for deploying
monitors in accordance with the
following proposed network design by
July 1, 2011. We also propose that the
NO2 network being proposed be
physically established no later than
January 1, 2013. Considering the
proposed timeline and criteria
presented in the network design, we
solicit comment on whether state and
local monitoring agencies should be
required to deploy monitors sooner than
January 1, 2013.
a. Monitoring in Areas of Expected
Maximum Concentrations Near Major
Roads
We are proposing to require
monitoring in locations of expected
maximum concentrations near major
roads in larger urban areas, with
minimum monitoring requirements
triggered for metropolitan areas based
on Core Based Statistical Area (CBSA)
population thresholds and the traffic
related metric annual average daily
traffic (AADT). The U.S. Department of
Transportation (U.S. DOT) Federal
Highway Administration’s Status of the
Nation’s Highways, Bridges, and
Transit: 2006 Conditions and
Performance document (https://
www.fhwa.dot.gov/policy/2006cpr/
es02h.htm) states that ‘‘while urban
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mileage constitutes only 24.9 percent of
total (US) mileage, these roads carried
64.1 percent of the 3 trillion vehicles
miles (VMT) travelled in the United
States in 2004.’’ The document also
states that ‘‘urban interstate highways
made up only 0.4 percent of total (US)
mileage but carried 15.5 percent of total
VMT.’’ These statements indicate how
much more traffic volume exists on
roads in urban areas versus the more
rural areas that have significant amounts
mileage of the total public road
inventory. Because the combination of
increased mobile source emissions and
increased urban population densities
can lead to increased exposures and
associated risks, urban areas are the
appropriate areas to concentrate
required near-road monitoring efforts.
Therefore, we propose that one nearroad NO2 monitor be required in CBSAs
with a population greater than or equal
to 350,000 persons. This population
threshold is proposed to provide the
near-road monitoring component of the
network an appropriate spatial extent
across the country, given the limited
availability of routine measurements in
these environments. Based on 2007
Census Bureau statistics, this will result
in approximately 142 sites in as many
CBSAs.22
We also propose that a second nearroad monitor be required in CBSAs with
a population greater than or equal to
2,500,000 persons, or in any CBSAs
with one or more road segments with an
AADT count greater than or equal to
250,000. Based on 2007 Census Bureau
statistics and data from the 2007
Highway Performance Monitoring
System (HPMS) maintained by the U.S.
DOT Federal Highway Administration
(FHWA), this particular element of the
minimum monitoring requirements will
add approximately 23 sites to the
approximate 142 near-road sites in
CBSAs that already will have one nearroad monitor required due to the
350,000 population threshold. Of the 23
additional sites, two sites are due to the
250,000 AADT threshold and are
attributed to the Las Vegas, Nevada and
Sacramento, California CBSAs. The
2,500,000 population threshold is
proposed as a second threshold to allow
for further characterization of larger
urban areas that are more likely to have
a greater number of major roads across
a potentially larger geographic area, and
a corresponding increase in potential for
exposure. Of the approximate 1.66
22 We also note that this population threshold
corresponds to the minimum population level in
which Air Quality Index (AQI) levels are required
to be reported, as noted in 40 CFR Part 58 Subpart
F.
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million public road segments tracked in
the HPMS, road segments of 250,000
AADT or greater make up the top 0.03
percent of the most traveled public road
segments. The FHWA has also used this
threshold on its Web site to give an
indication of the most travelled urban
highways in the country (https://
www.fhwa.dot.gov/policyinformation/
tables/02.cfm). We proposed to use
HPMS-reported AADT as the traffic
volume metric because AADT appears
to be the most widely used traffic
volume metric in the scientific
literature, is widely available, and offers
the most objective and consistent metric
available to indicate traffic volumes
across the country. These AADT data
are typically available from local
Metropolitan Planning Organizations
(MPOs), state departments of
transportation, and from the FHWA’s
HPMS. The FHWA also provides
national guidance on the appropriate
measurement and estimation of AADT
for different road types in their HPMS
Field Manual (https://www.fhwa.dot.gov/
ohim/hpmsmanl/hpms.cfm). We are
therefore proposing the 250,000 AADT
threshold for requiring a near-road
monitor because that threshold
represents the highest traffic volume
road segments in the country, which
may correspond to the greatest potential
for high exposures directly connected to
motor vehicle emissions.
In summary, the combination of the
above proposed minimum monitoring
requirement thresholds for the near-road
monitors as part of the ambient NO2
monitoring network are anticipated to
require approximately 165 near-road
sites in 142 CBSAs. We solicit comment
on the proposed CBSA population
threshold values (i.e., 350,000 and
2,500,000) and on the use of population
thresholds both lower and higher than
those proposed, the use of the traffic
volume metric AADT, and the 250,000
AADT threshold in establishing the
minimum number of required near-road
sites for urban areas.
In choosing these population and
traffic related thresholds for the
minimum monitoring requirements, it
should be noted that, based on 2007
Census Bureau statistics, the U.S. Virgin
Islands and seven states (Delaware,
Montana, North Dakota, South Dakota,
Vermont, West Virginia, and Wyoming)
currently would not have required nearroad monitoring sites under this current
proposal. Considering the relative lack
of near-road monitoring data
nationwide, the new level and averaging
time of the NAAQS being proposed, and
the desire to establish a spatially
representative and protective network,
we solicit comment on the inclusion or
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exclusion of an additional or alternative
monitoring requirement such that each
state and territory would have at least
one near-road monitoring site.
The EPA recognizes that in certain
cases, there can be an area or areas of
expected maximum hourly
concentration in a CBSA due to a major
stationary source or to the combination
of multiple sources that could include
point, area, and non-road source
emissions in addition to on-road mobile
source emissions. Such locations might
be identified through data analysis, such
as the evaluation of existing ambient
data and/or emissions data, or through
air quality modeling. An example of
such a location might be away from
roads and downwind of a stationary
source or sources in situations where
the required near-road monitors do not
represent a location or locations of
expected maximum hourly NO2
concentrations in a CBSA. In these
situations, where such locations are
known, we propose that the Regional
Administrator will have discretion to
require monitoring above the minimum
requirements as necessary to address
situations where the required near-road
monitors do not represent a location or
locations where the expected maximum
hourly NO2 concentrations exist in a
CBSA. The EPA also proposes to allow
Regional Administrators the ability to
require additional near-road monitoring
sites to address situations where
minimum monitoring requirements are
not sufficient to meet monitoring
objectives, such as a situation where
there is a variety of exposure potential
in an area due to variety in the amount
or types of fleet mix, congestion
patterns, terrain, or geographic areas
within a CBSA. An example of requiring
an additional near-road monitor might
be a case where a particular community
or neighborhood is significantly or
uniquely affected by road emissions, but
the site or area is not monitored even
though the responsible State or local
monitoring agency is fulfilling the
minimum monitoring requirements.
In all cases, the Regional
Administrator and the responsible State
or local air monitoring agency should
work together to design and/or maintain
the most appropriate NO2 network to
service the variety of data needs for an
area. We solicit comment on the
proposal to allow Regional
Administrators the discretion to require
monitoring above the minimum
requirements for any CBSA where
required near-road monitors do not
represent a location or locations where
the expected maximum hourly NO2
concentrations exist in a CBSA. We also
solicit comment on the proposal to
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allow Regional Administrators to
require additional near-road NO2
monitoring stations above the minimum
required in situations where the
minimum monitoring requirements are
not sufficient to meet monitoring
objectives as noted above.
The new near-road monitoring sites
that are to be part of the NO2 ambient
monitoring network will require specific
site selection criteria to focus
monitoring efforts on one or a few major
roads in a given CBSA. The EPA
anticipates that these near-road
monitoring sites will likely be best
characterized as microscale, mobile
source oriented sites. We propose that
monitoring agencies be required to
select their near-road monitoring site
location(s) to characterize the largest
traffic volume segment(s) in the CBSA,
determined by ranking all road
segments by AADT, and identifying a
location or locations adjacent to those
top ranked AADT segments where
motor vehicle emission-derived NO2
concentrations are expected to be at a
maximum. Where a state or local air
monitoring agency identifies multiple
acceptable candidate sites where
maximum hourly NO2 concentrations
are expected to occur, the monitoring
agency should consider taking into
account the potential for population
exposure in the criteria utilized to select
the final site location.
We propose that near-road NO2
monitoring stations must be sited so that
the NO2 monitor probe is no greater
than 50 meters away, horizontally, from
the outside nearest edge of the traffic
lanes of the target road segment, and
shall have no obstructions in the fetch
between the monitor probe and roadway
traffic such as noise barriers or
vegetation higher than the monitor
probe height. Baldauf et al. (2009)
indicate that the NO2 probe would
ideally be situated between 10 and 20
meters from the nearest traffic lane. We
are not proposing that the near-road
NO2 monitor be on the predominantly
downwind side of the target roadway,
however, we solicit comment on
whether this requirement is necessary to
ensure near-road NO2 sites capture
maximum expected hourly
concentrations.
We propose that the monitor probe be
located within 2 to 7 meters above the
ground, as is required for microscale
PM2.5 sites. EPA recognizes that these
near-road monitoring sites will be
adjacent to a variety of road types,
where some target roads will be on an
even plane with the monitoring station,
while others may be cut roads, (i.e.,
below the plane of the monitoring
station), or fill and open elevated roads,
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(i.e., where the road plane is above the
monitoring station). In any given case, it
is most appropriate to place the NO2
monitor probe as close to the plane of
the target road segment as possible,
while staying between 2 to 7 meters
above the ground. In addition, we
propose that monitor probe placement
on noise barriers or buildings, where the
inlet probe height is no less than 2
meters and no more than 7 meters above
the target road, will be acceptable, so
long as the inlet probe is at least 1 meter
vertically or horizontally away (in the
direction of the target road) from any
supporting wall or structure, and the
subsequent residence time of the
pollutant in the sample line between the
inlet probe and the analyzer does not
exceed 20 seconds. Although a wallmounted or noise barrier-mounted nearroad monitor set-up is not ideal, it may
allow for existing sites to be utilized as
near-road monitoring stations if they
also meet the site selection criterion
described below.
As noted above, we are proposing a
siting criterion for NO2 monitor probe
placement to be no greater than 50
meters away from the outside nearest
edge of the traffic lanes of the target
road segment. Based on a review of the
scientific literature, as discussed in
Section II.A and the background portion
of this section, locations on or
immediately adjacent to roads typically
exhibit the peak concentrations for
mobile source pollutants, therefore
monitor probe placement at increasing
distances from a road will
correspondingly decrease the potential
for sampling maximum concentrations
of NO2. In addition, monitor probe
placement within 50 meters of a target
road allows for increased probability of
reading elevated concentrations from
the mobile source emissions even when
wind conditions cause the near-road
monitoring site to be upwind of the
target road. Research literature indicates
that in certain cases, mobile source
derived pollutant concentrations,
including NO2, can be detected upwind
of roads, above background levels, due
to a phenomenon called upwind
meandering. Kalthoff et al. (2007)
indicates that mobile source derived
pollutants can meander upwind on the
order of tens of meters, mainly due to
vehicle induced turbulence, while
Beckerman et al. (2008) note that nearroad pollutant concentrations on the
predominantly upwind side of their
study sites dropped off to near
background levels within the first 50
meters, but were above background in
this short and variable upwind range,
which could be due to, at least in part,
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vehicle induced turbulence. This
upwind meandering characteristic of
pollutants in the near-road environment
provides an additional basis for locating
near-road sites within 50 meters of
target road segments because of the
increased opportunity to monitor
mobile source derived NO2
concentrations that, although not peak
concentrations, are still elevated above
background levels, in meteorological
conditions where the site is upwind of
the target road.
We solicit comment on the proposed
near-road NO2 monitor siting criteria
presented here, particularly: (1) The
requirement for monitoring agencies to
select near-road NO2 monitor sites by
ranking all road segments in a given
CBSA by AADT, (2) selecting a site
adjacent to a top ranked AADT road
segment where motor vehicle emissionderived NO2 concentrations are
expected to be at a maximum, (3) the
consideration of population exposure as
a selection criterion in situations where
a state or local air monitoring agency
identifies multiple acceptable candidate
sites where maximum hourly NO2
concentrations are expected to occur, (4)
the requirement for near-road NO2
monitor probes to be no greater than 50
meters in the horizontal from the
outside nearest edge of the traffic lanes
of the target road segment, and (5) the
requirement for monitor probes to be
between 2 to 7 meters above the ground,
and when located on a wall or
supporting structure, that the inlet
probe be at least 1 meter vertically or
horizontally away from any supporting
wall or structure.
We also solicit comment on an
alternative approach that would allow
state and local agencies greater
discretion in selecting monitoring
locations to fulfill minimum monitoring
requirements for measurements of
expected maximum NO2 concentrations
in each CBSA. In this alternative
approach, an NO2 monitor would still
be required in locations of expected
maximum NO2 concentrations in CBSAs
with a population greater than or equal
to 350,000 persons. An additional
monitor would be required in CBSAs
with a population greater than or equal
to 2,500,000, or in any CBSAs with one
or more road segments with an AADT
count greater than or equal to 250,000.
Under this approach, states would not
be specifically required to place
monitors near roads, but would have
flexibility to place monitors at locations
of expected maximum concentrations.
However, if a location or locations of
expected maximum concentration were
near roads in a CBSA, we would expect
the NO2 monitor to be placed near those
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roads. Further, we solicit comment on
alternative ways of considering
population exposure, in concert with
the identification of locations of
maximum expected NO2 concentrations,
in determining where to place near-road
NO2 monitors. In suggesting an
appropriate role for population
exposure, we invite comment on how
the suggested role would take into
account the fact that NAAQS are
designed to protect all of the public,
including at-risk or sensitive subpopulations, which can include smaller
sub-populations that may be exposed to
higher concentrations. We also invite
comment on how any suggested role
would compare with EPA’s historic
practice of placing monitors at locations
of maximum concentration at the
appropriate spatial scale, reflecting
consideration of the averaging time of
the NAAQS.
In situations where open-path
monitors are used at near-road NO2
sites, we have not identified an
appropriate path length for this
microscale monitoring site. For the
purpose of this proposal, we propose a
path length range of 50 to 300 meters as
an appropriate path length range for
open-path near-road NO2 monitors. The
high end of this proposed range
coincides with path lengths identified
for other pollutants at the micro and
middle-scales. We solicit comment on
the appropriate path length for a nearroad NO2 open-path monitor.
During the near-road monitor site
selection process, monitoring agencies
may utilize forms of quantitative
analysis, such as emissions and/or air
quality modeling, data analysis, or
saturation studies, to better evaluate
which of their top ranked AADT road
segments may exhibit the potential for
creating the highest NO2 concentrations
that might be monitored in the CBSA.
As an example, such an analysis might
indicate that of the top ranked AADT
road segments in a given area, those
segments that are part of or adjacent to
interchanges and toll plazas, that have
higher ratios of heavy duty diesel traffic
to light duty traffic, have a high fraction
of rapidly accelerating or grade-climbing
vehicles, or that are located in or near
particular terrain or land features, may
exhibit higher potential maximum NO2
concentrations. In addition, top ranked
AADT road segment analysis may allow
the monitoring agencies to select a nearroad monitoring site located in a more
densely populated area or a location
representing more vulnerable
populations from a pool of otherwise
similarly categorized site candidates. In
CBSAs required to have two near-road
monitoring sites, we propose that the
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second site be selected based on AADT
ranking and expected maximum
concentration, but differentiated from
the first site by factors such as: Fleet
mix, congestion patterns, terrain, or
geographic area within the CBSA, or at
minimum, selecting a site along a
different road with a different route,
interstate, or freeway designation. This
differentiation is to avoid having the
two sites characterize the same traffic
when there are potentially other road
segments with different traffic
characteristics available that meet siting
criteria for the second near-road
monitor. We solicit comment on the
factors and methods to be used to
differentiate a second required nearroad NO2 monitoring site from the first
such site in a given CBSA.
In further support of characterizing
the peak NO2 concentrations occurring
in the near-road environment, the EPA
proposes to require three-dimensional
anemometry, providing wind vector
data in the horizontal and vertical
planes, along with temperature and
relative humidity measurements, at all
required near-road monitoring sites. Due
to the near-road NO2 site being a
somewhat specialized microscale site,
we propose that the meteorological
measurement hardware would be
required to be situated at the same
height as the NO2 monitor probe, as
opposed to a standardized height, to aid
in characterizing what NO2 analyzers
are measuring from the target road
segments. The requirement of threedimensional anemometry is to allow for
the determination of the standard
deviation of vertical wind velocities
(sw). Venkatram et al. (2007) notes that
sw is a key meteorological factor in
governing the dispersion of on road
pollutant emissions. Therefore, the
measurement of three dimensional wind
would serve to inform when the nearroad site is relatively upwind or
downwind of the target road, provide a
method to potentially identify the
magnitude of vehicle induced
turbulence, permit calculation of sw in
the near-road environment to provide a
better understanding of the mixing of
mobile source pollutants at the
monitoring site and how site
characteristics influence mixing, and,
with the inclusion of temperature and
relative humidity, provide basic
meteorological data. We solicit
comment on the proposed requirement
for three-dimensional anemometry, the
placement of the meteorological
equipment at the same height of the NO2
monitor probe height, and the
requirement for meteorological
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measurements in general at all required
near-road monitoring sites.
b. Area-Wide Monitoring at
Neighborhood and Larger Spatial Scales
As the second tier of the NO2 ambient
monitoring network, we are proposing a
minimum number of monitors to
characterize that area with highest
expected NO2 concentrations at the
neighborhood and larger (area-wide)
spatial scales. We are proposing to
require one area-wide monitoring site in
each CBSA with a population greater
than or equal to 1,000,000, to be sited
to represent an area of maximum
concentration at the neighborhood or
larger spatial scales. This minimum
monitoring requirement is expected to
trigger 52 monitoring sites in as many
CBSAs. Many of these monitors are
likely already in place as part of the
approximately 400 NO2 monitoring sites
that are currently operating across the
country. Further, the EPA proposes to
allow any current photochemical
assessment monitoring station (PAMS)
sites that are situated to address the
highest NO2 concentrations in an urban
area and sited at neighborhood or urban
scales to satisfy this proposed area-wide
monitoring requirement. While in many
cases it may be found that these areawide monitors may show lower
concentrations than the maximum
concentration near-road NO2 monitors,
data from these larger spatially
representative sites would provide
information on area-wide exposures
from an individual or a group of point,
area, on-road and/or non-road mobile
sources. These area-wide monitoring
data may also, when coupled with the
near-road monitoring data, assist in the
determination of spatial variation of
NO2 concentrations across a given area,
and assist in providing insight to the
gradients that exist between local nearroad or stationary source derived
concentration maxima and the areawide concentration levels.
The EPA recognizes that the
minimum number of area-wide
monitors required in this proposal may
be less than the total number of NO2
monitoring sites needed to satisfy the
multiple monitoring objectives that
neighborhood and larger scale sites can
serve. These additional monitoring
objectives include ambient
photochemical pollutant assessment,
aiding in ozone forecasting, aiding in
PM precursor analysis and PM
forecasting, and characterization of
point and area sources that may be
impacting certain communities. We
propose that EPA Regional
Administrators have the discretion to
require additional area-wide NO2
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monitoring sites above the minimum
monitoring requirements where the
minimum monitoring requirements for
area-wide monitors are not sufficient to
meet monitoring objectives. For
example, the Regional Administrator
may require additional NO2 monitors in
certain communities, both inside and
outside of CBSAs, which are affected by
an individual or group of sources but
are not required to have an NO2 monitor
as part of the minimum monitoring
requirements. The Regional
Administrator and the responsible State
or local air monitoring agency should
work together to design and/or maintain
the most appropriate NO2 network to
service the variety of data needs for an
area.
We solicit comment on the proposed
minimum monitoring requirement of
approximately 52 monitors to
characterize areas with highest expected
NO2 concentrations at the area-wide
(neighborhood and larger) spatial scales
in CBSAs with populations of 1,000,000
or more persons. We also solicit
comment on the proposal that the
Regional Administrator can require
additional monitoring sites on a case-bycase basis, to address situations where
the minimum monitoring requirements
for area-wide monitoring sites are not
sufficient for an area.
3. Solicitation for Comment on an
Alternative Network Design
In conjunction with the solicitation of
comment on an alternative NAAQS that
is discussed in Section II.F.4, the
complementary network design would
not reflect peak NO2 concentrations
anywhere in an area. Instead, the
alternative network design would rely
on monitors sited at the neighborhood
and larger spatially representative
scales, which is identical to the second
component of the two-tiered network
design being proposed except for having
different population thresholds for
minimum required monitoring. The
currently operating NO2 network would
likely satisfy a portion of this alternative
network design, however the entire
network would need to be assessed
before state or local agencies could
make such determinations. State and
local agencies would have to determine
what each currently operating site is
actually assessing to identify if any
given site represents the highest
concentrations for a given CBSA at the
neighborhood and larger spatial scales.
We solicit comment on an alternative
network design where near-road
monitors are not specifically included
in the minimum monitoring
requirements, and only monitors sited at
the neighborhood and larger spatial
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34445
scales are required. In this alternative
network design, minimum monitoring
requirements would apply to CBSAs
based on population thresholds, where
one monitor would be required in
CBSAs with populations of 350,000 or
more persons and a second monitor
would be required for CBSAs with
populations of 1,000,000 or more
persons. Based on 2007 U.S. Census
Bureau statistics, we estimate that these
population thresholds would require
approximately 194 monitoring sites in
142 CBSAs. The first monitor required
in any CBSA would be expected to be
sited at the neighborhood or larger scale
to characterize that area with highest
expected NO2 concentrations. Any
second monitor required in a CBSA
would be expected to characterize a
separate area within the same CBSA,
also with expected high NO2
concentrations. All such monitor site
locations are anticipated to be in areas
of higher population densities of CBSAs
and in, or adjacent to, urban cores. The
alternative network design would allow
the Regional Administrators to use their
discretion to require monitoring above
the minimum requirements to address
community impacts from the variety of
NO2 emission sources. EPA expects that
this network design will result in little
or no progress being made in the
development of long-term near-road
monitoring capabilities due to the lack
of specific network design requirements.
EPA seeks comment on this alternative
network design.
In addition to soliciting comment
generally on this alternative area-wide
monitoring approach, the Administrator
specifically requests comment on the
appropriate definition of area-wide NO2
concentrations and how best to use data
representing these concentrations to
determine compliance with a 1-hour
standard reflecting the alternative
approach of selecting a level for
maximum area-wide concentrations on
which EPA is soliciting comment.
Comparing NO2 concentrations
measured near major roadways to a
level meant to reflect the maximum
allowable NO2 concentrations at
neighborhood and larger spatially
representative scales would have the
effect of increasing the stringency of the
standard beyond that intended. With
regard to this specific request for
comment, the Administrator notes that
the definition of area-wide
concentrations could include a
provision requiring that they be
monitored at a distance greater than or
equal to some prescribed distance from
the nearest roadway. The Administrator
notes that, while it is clear that peak
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roadway-associated NO2 concentrations
occur on or very near major roads, the
point at which these concentrations
return to area-wide concentrations
comparable to the area-wide standard is
less certain and may vary considerable
by location. As discussed above (section
II.A.2), the scientific literature suggests
that concentrations can return to typical
urban background concentrations
within distances of up to 500 meters
from roads, though the actual distance
will vary with topography, roadside
features, meteorology, and
photochemical reactivity conditions.
The REA notes that studies suggest the
return to background concentrations can
occur from within distances of up to 200
to 500 m from the roads. Therefore, the
Administrator requests comment on the
degree to which these distances (up to
200 m, and up to 500m) serve to further
define the distance from major roads
that would represent concentrations
comparable to the alternative standard.
Further, since roadways of various sizes
and traffic volumes can affect nearby
NO2 concentrations and roadways are
ubiquitous in urban areas, the
Administrator notes that defining
representative area-wide concentrations
could require more than a uniform
assumption of a single specific distance
from a class of roadway. The
Administrator notes that the approach
to defining representative area-wide
distances could include consideration of
location-specific roadway traffic volume
and location-specific roadway
characteristics such as topography,
presence of sound walls, vehicle mix,
and traffic patterns, to adequately
address the variability. Given these
considerations, the Administrator
solicits comment on how to define the
minimum distance to the nearest major
roadway such that measured
concentrations at this distance (or
farther) would represent area-wide NO2
concentrations for comparison to the
alternative standard.
C. Data Reporting
NO2 chemiluminescence FRMs are
continuous gas analyzers, producing
updated data values on the order of
every 20 seconds. Data values are
typically aggregated into minute
averages and then compiled into hourly
averages for reporting purposes. State
and local monitoring agencies are
required to report hourly NO, NO2, and
NOX data to AQS within 90 days of the
end of each calendar quarter. Some
agencies also voluntarily report their
pre-validated data on an hourly basis to
EPA’s real time AIRNow data system,
where the data may be used by air
quality forecasters to assist in ozone
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forecasting. The EPA believes these data
reporting procedures are appropriate to
support the current NO2 NAAQS and
any options being considered for a
revised primary NO2 NAAQS.
As a part of the larger data quality
performance requirements of the
ambient monitoring program, we are
proposing to develop data quality
objectives (DQOs) for the proposed NO2
network. The DQOs are meant to
identify measurement uncertainty for a
given pollutant method. We propose a
goal for acceptable measurement
uncertainty for NO2 methods to be
defined for precision as an upper 90
percent confidence limit for the
coefficient of variation (CV) of 15
percent and for bias as an upper 95
percent confidence limit for the absolute
bias of 15 percent. We solicit comment
on the proposed goals for acceptable
measurement uncertainty.
IV. Proposed Appendix S—
Interpretation of the Primary NAAQS
for Oxides of Nitrogen and Proposed
Revisions to the Exceptional Events
Rule
The EPA is proposing to add
Appendix S, Interpretation of the
Primary National Ambient Air Quality
Standards for Oxides of Nitrogen, to 40
CFR part 50 in order to provide data
handling procedures for the proposed
NO2 1-hour primary standard and for
the existing NO2 annual primary
standard. The proposed Appendix S
would detail the computations
necessary for determining when the
proposed 1-hour and existing annual
primary NO2 NAAQS are met. The
proposed Appendix S also would
address data reporting, data
completeness considerations, and
rounding conventions.
Two versions of the proposed
Appendix S are printed at the end of
this notice. The first applies to an
annual primary standard and a 1-hour
primary standard based on the annual
4th high value form, while the second
applies to an annual primary standard
and a 1-hour primary standard based on
the 99th percentile daily value form.
The discussion here addresses the first
of these versions, followed by a brief
description of the differences found in
the second version.
Both versions of the proposed
Appendix S are based on a nearroadway approach to the setting the
level of the 1-hour standard and to
siting monitors. As such, these versions
place no geographical restrictions on
which monitoring sites’ concentration
data can and will be compared to the
standard when making nonattainment
determinations and other findings
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related to attainment or violation of the
standard. If the final rule adopts the
area-wide approach on which section
II.F.4.e of this notice invites comment,
provisions would be added to section 2
of Appendix S to specify geographical
criteria for determining which
monitoring sites’ data can and will be
compared to the standard consistent
with the area-wide approach as
described in that section.
The EPA is proposing to amend and
move the provisions of 40 CFR 50.11
related to data completeness for the
existing annual primary standard to the
new Appendix S, and to add provisions
for the proposed 1-hour primary
standard. Substantively, the proposed
data handling procedures for the annual
primary standard in Appendix S are the
same as the existing provisions in 40
CFR 50.11 for that standard, except for
a proposed addition of a cross-reference
to the Exceptional Events Rule, a
proposed addition of Administrator
discretion to consider otherwise
incomplete data complete, and a
proposed provision addressing the
possibility of there being multiple NO2
monitors at one site. The proposed
procedures for the 1-hour primary
standard are entirely new.
The EPA is also proposing NO2specific changes to the deadlines, in 40
CFR 50.14, by which States must flag
ambient air data that they believe have
been affected by exceptional events and
submit initial descriptions of those
events, and the deadlines by which
States must submit detailed
justifications to support the exclusion of
that data from EPA determinations of
attainment or nonattainment with the
NAAQS. The deadlines now contained
in 40 CFR 50.14 are generic, and are not
always appropriate for NO2 given the
anticipated schedule for the
designations of areas under the
proposed NO2 NAAQS.
A. Background
The purpose of a data interpretation
appendix in general is to provide the
practical details on how to make a
comparison between multi-day and
possibly multi-monitor ambient air
concentration data and the level of the
NAAQS, so that determinations of
compliance and violation are as
objective as possible. Data interpretation
guidelines also provide criteria for
determining whether there are sufficient
data to make a NAAQS level
comparison at all.
The regulatory language for the
current NO2 NAAQS, originally adopted
in 1977, contains data interpretation
instructions only for the issue of data
completeness. This situation contrasts
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with the situations for ozone, PM2.5,
PM10, and most recently Pb for which
there are detailed data interpretation
appendices in 40 CFR part 50
addressing more issues that can arise in
comparing monitoring data to the
NAAQS. EPA has used its experience
drafting and applying these other data
interpretation appendices to develop the
proposed text for Appendix S.
An exceptional event is defined in 40
CFR 50.1 as an event that affects air
quality, is not reasonably controllable or
preventable, is an event caused by
human activity that is unlikely to recur
at a particular location or a natural
event, and is determined by the
Administrator in accordance with 40
CFR 50.14 to be an exceptional event.
Air quality data that is determined to
have been affected by an exceptional
event under the procedural steps and
substantive criteria specified in section
50.14 may be excluded from
consideration when EPA makes a
determination that an area is meeting or
violating the associated NAAQS. The
key procedural deadlines in section
50.14 are that a State must notify EPA
that data have been affected by an event,
i.e., ‘‘flag’’ the data in the Air Quality
Systems (AQS) database, and provide an
initial description of the event by July
1 of the year after the data are collected,
and that the State must submit the full
justification for exclusion within 3 years
after the quarter in which the data were
collected. However, if a regulatory
decision based on the data, for example
a designation action, is anticipated, the
schedule is foreshortened and all
information must be submitted to EPA
no later than a year before the decision
is to be made. This generic schedule
presents problems when a NAAQS has
been recently revised, as discussed
below.
The REA did not address data
interpretation details. However, the
approach to data interpretation used in
the REA, for example to report the
number of cities which would violate
possible 1-hour primary NAAQS, was
generally consistent with the proposed
data interpretation procedures.
B. Interpretation of the Primary NAAQS
for Oxides of Nitrogen
The purpose of a data interpretation
rule for the NO2 NAAQS is to give effect
to the form, level, averaging time, and
indicator specified in the proposed
regulatory text at 40 CFR 50.11,
anticipating and resolving in advance
various future situations that could
occur. The proposed Appendix S
provides common definitions and
requirements that apply to both the
annual and the 1-hour primary
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standards for NO2. The common
requirements concern how ambient data
are to be reported, what ambient data
are to be considered (including the issue
of which of multiple monitors’ data sets
will be used when more than one
monitor has operated at a site), and the
applicability of the Exceptional Events
Rule to the primary NO2 NAAQS.
The proposed Appendix S also
addresses several issues in ways which
are specific to the individual primary
NO2 standards, as described below.
1. Annual Primary Standard
The proposed data interpretation
provisions for the annual standard are
consistent with the current instructions
included along with the statement of the
level and form of the standard in 40 CFR
53.11. These are the following: (1) At
least 75% of the hours in the year must
have reported concentration data. (2)
The available hourly data are
arithmetically averaged, and then
rounded (not truncated) to whole parts
per billion. (3) The design value is this
rounded annual average concentration.
(4) The design value is compared with
the level of the annual primary standard
(expressed in parts per billion).
It would be possible to introduce
additional steps for the annual primary
standard which in principle could make
the design value a more reliable
indicator of actual annual average
concentration in cases where some
monitoring data have been lost. For
example, averaging within a calendar
quarter first and then averaging across
quarters could help compensate for
uneven data capture across the year. For
some aspects of the data interpretation
procedures for some other pollutants,
the current data interpretation
appendices do contain such additional
steps. The proposed provisions for the
proposed 1-hour NO2 standard
(described immediately below) also
incorporate some such features.
However, we believe that such
complexity is not needed to
appropriately implement the annual
primary standard, especially since no
area presently comes close to violating
the standard. EPA invites comment on
whether the annual primary standard
design value should be a weighted
annual mean (e.g. averaging within
calendar quarters before averaging
across quarters), rather than the mean of
all available hourly values.
2. 1-Hour Primary Standard Based on
the Annual 4th High Value Form
With regard to data completeness for
the proposed 1-hour primary standard,
the proposed Appendix follows past
EPA practice for other NAAQS
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pollutants by requiring that in general at
least 75% of the monitoring data that
should have resulted from following the
planned monitoring schedule in a
period must be available for the key air
quality statistic from that period to be
considered valid. For the proposed 1hour primary NO2 NAAQS, the key air
quality statistics are the daily maximum
1-hour concentrations in three
successive years. It is important that
sampling within a day encompass the
period when concentrations are likely to
be highest and that all seasons of the
year are well represented. Hence, the
75% requirement is proposed to be
applied at the daily and quarterly levels.
EPA invites comment on the proposed
completeness requirements.
Recognizing that there may be years
with incomplete data, the proposed text
provides that a design value derived
from incomplete data will nevertheless
be considered valid in either of two
situations.
First, if the design value calculated
from at least four days of monitoring
observations in each of these years
exceeds the level of the 1-hour primary
standard, it would be valid. This
situation could arise if monitoring was
intermittent but high NO2 levels were
measured on enough hours and days for
the mean of the three annual 4th values
to exceed the standard. In this situation,
more complete monitoring could not
possibly have indicated that the
standard was actually met.
Second, we are proposing a diagnostic
data substitution test which is intended
to identify those cases with incomplete
data in which it nevertheless is very
likely, if not virtually certain, that the
daily 1-hour design value would have
been observed to be below the level of
the NAAQS if monitoring data had been
minimally complete.
The diagnostic test would be applied
only if there is at least 50% data capture
in each quarter of each year and if the
3-year mean of the observed annual 4th
highest maximum hourly values in the
incomplete data is below the NAAQS
level. The test would substitute a high
hypothetical concentration for as much
of the missing data as needed to meet
the 100% requirement in each quarter.
The value that is substituted for the
missing values is the highest daily
maximum 1-hour observed in the same
quarter, looking across all three years
under evaluation. If the resulting 3-year
design value is below the NAAQS, it is
highly likely that the design value
calculated from complete data would
also have been below the NAAQS, so
the original design value indicating
compliance would be considered valid.
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It should be noted that one outcome
of applying the proposed substitution
test is that a year with incomplete data
may nevertheless be determined to not
have a valid design value and thus to be
unusable in making 1-hour primary
NAAQS compliance determinations for
that 3-year period. EPA invites comment
on incorporating into the final rule the
proposed substitution test.
Also, we are proposing that the
Administrator have general discretion to
use incomplete data based on casespecific factors, either at the request of
a state or at her own initiative. Similar
provisions exist already for some other
NAAQS.
3. 1-Hour Primary Standard Based on
the Annual 99th Percentile Daily Value
Form
The second version of the proposed
Appendix S appearing at the end of this
notice contains proposed interpretation
procedures for a 1-hour primary
standard based on the 99th percentile
daily value form. The 4th high daily
value form and the 99th percentile daily
value form would yield the same design
value in a situation in which every hour
and day of the year has reported
monitoring data, since the 99th
percentile of 365 daily values is the 4th
highest value. However, the two forms
diverge if data completeness is 82% or
less, because in that case the 99th
percentile value is the 3rd highest (or
higher) value, to compensate for the lack
of monitoring data on days when
concentrations could also have been
high.
Logically, provisions to address
possible data incompleteness under the
99th percentile daily value form should
be somewhat different from those for the
4th highest form. With a 4th highest
form, incompleteness should not
invalidate a design value that exceeds
the standard, for reasons explained
above. With the 99th percentile form,
however, a design value exceeding the
standard stemming from incomplete
data should not automatically be
considered valid, because
concentrations on the unmonitored days
could have been relatively low, such
that the actual 99th percentile value for
the year could have been lower, and the
design value could have been below the
standard. The second proposed version
of Appendix S accordingly has
somewhat different provisions for
dealing with data incompleteness. One
difference is the addition of another
diagnostic test based on data
substitution, which in some cases can
validate a design value based on
incomplete data that exceeds the
standard.
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The second version of the proposed
Appendix S provides a table for
determining which day’s maximum 1hour concentration will be used as the
99th percentile concentration for the
year. The proposed table is similar to
one used now for the 24-hour PM2.5
NAAQS, which is based on a 98th
percentile form, but adjusted to reflect
a 99th percentile form for the 1-hour
primary NO2 standard. The proposed
Appendix S also provides instructions
for rounding (not truncating) the average
of three annual 99th percentile hourly
concentrations before comparison to the
level of the primary NAAQS.
C. Exceptional Events Information
Submission Schedule
The Exceptional Events Rule at 40
CFR 50.14 contains generic deadlines
for a state to submit to EPA specified
information about exceptional events
and associated air pollutant
concentration data. A state must
initially notify EPA that data has been
affected by an event by July 1 of the year
after the data are collected; this is done
by flagging the data in AQS and
providing an initial event description.
The state must also, after notice and
opportunity for public comment, submit
a demonstration to justify any claim
within 3 years after the quarter in which
the data were collected. However, if a
regulatory decision based on the data
(for example, a designation action) is
anticipated, the schedule to flag data in
AQS and submit complete
documentation to EPA for review is
foreshortened, and all information must
be submitted to EPA no later than one
year before the decision is to be made.
These generic deadlines are suitable
for the period after initial designations
have been made under a NAAQS, when
the decision that may depend on data
exclusion is a redesignation from
attainment to nonattainment or from
nonattainment to attainment. However,
these deadlines present problems with
respect to initial designations under a
newly revised NAAQS. One problem is
that some of the deadlines, especially
the deadlines for flagging some relevant
data, may have already passed by the
time the revised NAAQS is
promulgated. Until the level and form of
the NAAQS have been promulgated a
state does not know whether the criteria
for excluding data (which are tied to the
level and form of the NAAQS) were met
on a given day. The only way a state
could guard against this possibility is to
flag all data that could possibly be
eligible for exclusion under a future
NAAQS. This could result in flagging
far more data than will eventually be
eligible for exclusion. EPA believes this
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is an inefficient use of state and EPA
resources, and is potentially confusing
and misleading to the public and
regulated entities. Another problem is
that it may not be feasible for
information on some exceptional events
that may affect final designations to be
collected and submitted to EPA at least
one year in advance of the final
designation decision. This could have
the unintended consequence of EPA
designating an area nonattainment as a
result of uncontrollable natural or other
qualified exceptional events.
When Section 50.14 was revised in
March 2007, EPA was mindful that
designations were needed under the
recently revised PM2.5 NAAQS, so
exceptions to the generic deadline were
included for PM2.5. The EPA was also
mindful that similar issues would arise
for subsequent new or revised NAAQS.
The Exceptional Events Rule at section
50.14(c)(2)(v) indicates ‘‘when EPA sets
a NAAQS for a new pollutant, or revises
the NAAQS for an existing pollutant, it
may revise or set a new schedule for
flagging data for initial designation of
areas for those NAAQS.’’
For the specific case of NO2, EPA
anticipates that initial designations
under the revised NAAQS may be made
by January 22, 2012 based on air quality
data from the years 2008–2010. (See
Section VI below for more detailed
discussion of the designation schedule
and what data EPA intends to use.) If
final designations are made by January
22, 2012, all events to be considered
during the designations process must be
flagged and fully documented by states
one year prior to designations, by
January 22, 2011. This date also
coincides with the Clean Air Act
deadline for Governors to submit to EPA
their recommendations for designating
all areas of their states.
EPA is proposing revisions to 40 CFR
50.14 to change submission dates for
information supporting claimed
exceptional events affecting NO2 data.
The proposed rule text at the end of this
notice shows the changes that would
apply if a revised NO2 NAAQS is
promulgated by January 22, 2010, and
designations are made two years after
promulgation of a NO2 NAAQS revision.
For air quality data collected in 2008,
we propose to extend the generic July 1,
2009 deadline for flagging data (and
providing a brief initial description of
the event) to July 1, 2010. EPA believes
this extension provides adequate time
for states to review the impact of
exceptional events from 2008 on the
revised standard and notify EPA by
flagging the relevant data in AQS. EPA
is not proposing to change the generic
deadline of January 22, 2011 for
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submitting documentation to justify an
NO2-related exceptional event from
2008. We believe the generic deadline
provides adequate time for states to
develop and submit proper
documentation.
For data collected in 2009, EPA does
not believe it is necessary to change the
generic deadline of July 1, 2010 for
flagging data and providing initial event
descriptions. Similarly, EPA does not
believe it is necessary to change the
generic deadline of January 22, 2011 for
states to submit documentation to
justify an NO2-related exceptional event
from 2009.
For data collected in 2010, EPA
believes the designations deadline of
January 22, 2011 for flagging data and
providing initial event descriptions does
not provide states with adequate time to
review and identify potential
exceptional events that occur in
calendar year 2010, especially events
that might occur late in the year.
Therefore, EPA is proposing that states
may flag and provide initial event
descriptions for 2010 data no later than
April 1, 2011. This affords states more
than 2 additional months than would be
provided under the generic schedule to
review and identify exceptional events
affecting 2010 NO2 data. Similarly, EPA
believes the designations schedule that
would require states to submit detailed
documentation to justify 2010 events
claims by January 22, 2011 is not
reasonable, because it would potentially
preclude states from completing the
required public review of the
documentation prior to submitting to
EPA. Therefore, EPA is proposing to
extend this deadline to July 1, 2011.
This would afford states more than 5
additional months than provided by the
generic schedule to complete the
required public review and submit full
34449
supporting documentation, yet would
still allow EPA adequate time to review
the documentation and develop its final
plans for designations by January 22,
2012.
Table 2 below summarizes the
proposed two year designation
deadlines discussed in this section. If
the promulgation date for a revised NO2
NAAQS will occur on a different date
than January 22, 2010, EPA will revise
the final NO2 exceptional event flagging
and documentation submission
deadlines accordingly, consistent with
this proposal, to provide states with
reasonably adequate opportunity to
review, identify, and document
exceptional events that may affect an
area designation under a revised
NAAQS. EPA invites comment on these
proposed changes in the exceptional
event flagging and documentation
submission deadlines.
TABLE 2—SCHEDULE FOR EXCEPTIONAL EVENT FLAGGING AND DOCUMENTATION SUBMISSION FOR DATA TO BE USED IN
DESIGNATIONS DECISIONS FOR NEW OR REVISED NAAQS
NAAQS pollutant/standard/(level)/
promulgation date
Air quality data
collected for
calendar year
Event flagging & initial description
deadline
PM2.5/24-Hr Standard (35 μg/m3) Promulgated October 17, 2006.
Ozone/8–Hr ..............................................
Standard (0.075 ppm) Promulgated
March 12, 2008.
2004–2006 .......
October 1, 2007 a ...................................
April 15, 2008.a
2005–2007 .......
2008 .................
June 18, 2009 b ......................................
June 18, 2009b .......................................
June 18, 2009.b
June 18, 2009.b
2009 .................
2008 .................
60 Days after the end of the calendar
quarter in which the event occurred
or February 5, 2010, whichever date
occurs first b.
July 1, 2010 b .........................................
60 Days after the end of the calendar
quarter in which the event occurred
or February 5, 2010, whichever date
occurs first.b
January 22, 2011.
2009 .................
2010 .................
July 1, 2010 ...........................................
April 1, 2011 b .........................................
January 22, 2011.
July 1, 2011.b
NO2/1–Hour Standard (80–100 PPB, final
level TBD).
Detailed documentation submission
deadline
a These
dates are unchanged from those published in the original rulemaking, and are shown in this table for informational purposes.
change from general schedule in 40 CFR 50.14.
NOTE: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most notably, for data used by EPA for redesignations to attainment.
b Indicates
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V. Clean Air Act Implementation
Requirements
This section of the preamble discusses
the Clean Air Act (CAA) requirements
that states and emissions sources must
address when implementing new or
revised NO2 NAAQS based on the
structure outlined in the CAA and
existing rules.23 EPA may provide
additional guidance in the future, as
necessary, to assist states and emissions
sources to comply with the CAA
requirements for implementing new or
revised NO2 NAAQS.
23 Since EPA is proposing to retain the annual
standard without revision, the discussion in this
section relates to implementation of the proposed
1-hour standard, rather than the annual standard.
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The CAA assigns important roles to
EPA, states, and, in specified
circumstances, Tribal governments to
achieve the NAAQS. States have the
primary responsibility for developing
and implementing State Implementation
Plans (SIPs) that contain state measures
necessary to achieve the air quality
standards in each area. EPA provides
assistance to states by providing
technical tools, assistance, and
guidance, including information on the
potential control measures that may
assist in helping areas attain the
standards.
States are primarily responsible for
ensuring attainment and maintenance of
ambient air quality standards once they
have been established by EPA. Under
section 110 of the CAA, 42 U.S.C. 7410,
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and related provisions, states are
required to submit, for EPA approval,
SIPs that provide for the attainment and
maintenance of such standards through
control programs directed at sources of
NO2 emissions. If a state fails to adopt
and implement the required SIPs by the
time periods provided in the CAA, the
EPA has responsibility under the CAA
to adopt a Federal Implementation Plan
(FIP) to assure that areas attain the
NAAQS in an expeditious manner.
The states, in conjunction with EPA,
also administer the prevention of
significant deterioration (PSD) program
for NO2. See sections 160–169 of the
CAA. In addition, Federal programs
provide for nationwide reductions in
emissions of NO2 and other air
pollutants under Title II of the Act, 42
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U.S.C. 7521–7574, which involves
controls for automobiles, trucks, buses,
motorcycles, nonroad engines, and
aircraft emissions; the new source
performance standards (NSPS) for
stationary sources under section 111 of
the CAA, 42 U.S.C. 7411; and the
national emission standards for
hazardous air pollutants for stationary
sources under section 112 of the CAA,
42 U.S.C. 7412.
CAA Section 301(d) authorizes EPA to
treat eligible Indian Tribes in the same
manner as states (TAS) under the CAA
and requires EPA to promulgate
regulations specifying the provisions of
the statute for which such treatment is
appropriate. EPA has promulgated these
regulations—known as the Tribal
Authority Rule or TAR—at 40 CFR Part
49. See 63 FR 7254 (February 12, 1998).
The TAR establishes the process for
Indian Tribes to seek TAS eligibility and
sets forth the CAA functions for which
TAS will be available. Under the TAR,
eligible Tribes may seek approval for all
CAA and regulatory purposes other than
a small number of functions enumerated
at section 49.4. Implementation plans
under section 110 are included within
the scope of CAA functions for which
eligible Tribes may obtain approval.
Section 110(o) also specifically
describes Tribal roles in submitting
implementation plans. Eligible Indian
Tribes may thus submit implementation
plans covering their reservations and
other areas under their jurisdiction.
Under the CAA and TAR, Tribes are
not, however, required to apply for TAS
or implement any CAA program. In
promulgating the TAR EPA explicitly
determined that it was not appropriate
to treat Tribes similarly to states for
purposes of, among other things,
specific plan submittal and
implementation deadlines for NAAQSrelated requirements. 40 CFR 49.4(a). In
addition, where Tribes do seek approval
of CAA programs, including section 110
implementation plans, the TAR
provides flexibility and allows them to
submit partial program elements, so
long as such elements are reasonably
severable—i.e., ‘‘not integrally related to
program elements that are not included
in the plan submittal, and are consistent
with applicable statutory and regulatory
requirements’’. 40 CFR 49.7.
To date, very few Tribes have sought
TAS for purposes of section 110
implementation plans. However, some
Tribes may be interested in pursuing
such plans to implement today’s
proposed standard. As noted above,
such Tribes may seek approval of
partial, reasonably severable plan
elements, or they may seek to
implement all relevant components of
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an air quality program for purposes of
meeting the requirements of the Act. In
several sections of this preamble, EPA
describes the various roles and
requirements states will address in
implementing today’s proposed
standard. Such references to states are
generally intended to include eligible
Indian Tribes to the extent consistent
with the flexibility provided to Tribes
under the TAR. Where Tribes do not
seek TAS for section 110
implementation plans, EPA will
promulgate Federal implementation
plans as ‘‘necessary or appropriate to
protect air quality.’’ 40 CFR 49.11(a)
EPA also notes that some Tribes
operate air quality monitoring networks
in their areas. For such monitors to be
used to measure attainment with this
primary NAAQS for NO2, the criteria
and procedures identified in this rule
would apply.
A. Designations
After EPA establishes or revises a
NAAQS, the CAA requires EPA and the
states to begin taking steps to ensure
that the new or revised NAAQS are met.
The first step is to identify areas of the
country that do not meet the new or
revised NAAQS. The CAA defines
EPA’s authority to designate areas that
do not meet a new or revised NAAQS.
Section 107(d)(1) provides that, ‘‘By
such date as the Administrator may
reasonably require, but not later than 1
year after promulgation of a new or
revised NAAQS for any pollutant under
section 109, the Governor of each state
shall * * * submit to the Administrator
a list of all areas (or portions thereof) in
the state’’ that designates those areas as
nonattainment, attainment, or
unclassifiable. Section 107(d)(1)(B)(i)
further provides, ‘‘Upon promulgation
or revision of a NAAQS, the
Administrator shall promulgate the
designations of all areas (or portions
thereof) * * * as expeditiously as
practicable, but in no case later than 2
years from the date of promulgation.
Such period may be extended for up to
one year in the event the Administrator
has insufficient information to
promulgate the designations. ‘‘The term
‘‘promulgation’’ has been interpreted by
the courts to be signature and
dissemination of a rule. By no later than
120 days prior to promulgating
designations, EPA is required to notify
states of any intended modifications to
their boundaries as EPA may deem
necessary. States then have an
opportunity to comment on EPA’s
tentative decision. Whether or not a
state provides a recommendation, EPA
must promulgate the designation that it
deems appropriate.
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Thus, following promulgation of the
revised NO2 NAAQS in January 2010,
EPA must promulgate initial
designations by January 2012 (2 years
after promulgation of the revised
NAAQS), or, by January 2013 in the
event that the Administrator has
insufficient information to promulgate
initial designations within 2 years. In
the case of the NO2 NAAQS, in today’s
action EPA is proposing new NO2
monitor siting rules that focus on
roadways. EPA anticipates that it will
require up to 3 years to get a new
monitoring network in place, plus an
additional 3 years of monitoring
thereafter in order to determine
compliance with the revised standard.
This means that a full set of air quality
data from the new network will not be
available until approximately 2016.
Since data from the new network will
not be available prior to the CAA
designation deadlines even if EPA takes
an additional year, EPA intends to
complete initial designations in 2012
using air quality data from the current
NO2 monitoring network in place, using
NO2 monitoring data from the years
2008–2010.
Accordingly, Governors will be
required to submit their initial
designation recommendations to EPA
no later than January 2011. If the
Administrator intends to modify any
state area recommendation, EPA will
notify the Governor no later than 120
days prior to initial designations in
January 2012. States that believe the
Administrator’s modification is
inappropriate will have an opportunity
to demonstrate why they believe their
recommendation is more appropriate
before designations are promulgated in
January 2012. As explained below in
more detail, we intend to designate
areas under the current NO2 monitoring
network as ‘‘unclassifiable’’ or
‘‘nonattainment’’ based on the data set
for 2008–2010.
We intend to designate areas that do
not show violations of the revised NO2
NAAQS as ‘‘unclassifiable’’ since the
existing area-wide monitoring network
does not fully satisfy the near roadwayoriented NO2 monitoring requirements
proposed in this notice. Because there
are no monitors in the current NO2
network that meet the proposed
definition of ‘‘near-roadway,’’
monitoring data that does not indicate a
violation of the NAAQS would not
provide a sufficient basis for concluding
that an area is meeting the revised NO2
NAAQS. Rather, an area-wide monitor
may record concentrations that are
below the revised NO2 NAAQS because
it is not sited where concentrations in
the area are highest. Thus, we do not
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believe the current monitoring network
provides information that supports
designating an area as ‘‘attainment’’
with today’s proposed standards.
The EPA anticipates that areas
designated as ‘‘unclassifiable’’ in
January 2012 will remain so until a new
NO2 monitoring network is deployed
and 3 years of monitoring data have
been collected. Once the NO2 monitors
are placed in locations meeting the
proposed near-roadway siting
requirements and monitoring data
become available, the Agency could
subsequently redesignate areas as
‘‘nonattainment’’ or ‘‘attainment’’ under
section 107(d)(3).
In January 2012 we intend to
designate as ‘‘nonattainment’’ areas that
show violations of the revised standard
under the current monitoring network.
As discussed above, the current
monitoring network may not record NO2
concentrations near roadways where
NO2 concentrations are highest. We thus
anticipate that any area showing
violations of the revised NO2 standard
based on the current monitoring
network will continue to show
violations when monitors are placed in
near-roadway locations.
In summary, as required by section
107(d)(1)(A)(i) of the CAA, in January
2012 the EPA must designate as
‘‘nonattainment’’ any areas with
monitors within the existing network
that report violations of the revised NO2
NAAQS. All other areas not indicating
a violation of the revised NO2 NAAQS
will be designated as ‘‘unclassifiable.’’
While the CAA provides the Agency an
additional third year from promulgation
of a NAAQS to complete designations in
the event that there is insufficient
information to make NAAQS
compliance determinations, we
anticipate that delaying designations for
this additional year would not result in
significant additional data that would
allow EPA to designate areas that would
otherwise be designated
‘‘unclassifiable.’’ Once a near-roadway
network has been deployed and 3 years
of air quality data has been collected,
we anticipate redesignating
unclassifiable areas as ‘‘attainment’’ or
‘‘nonattainment’’ where additional data
from the new network provides a basis
for such a designation.
EPA is also taking comment on the
area-wide approach discussed in section
II.F.4.e above. If this approach is
finalized, we anticipate designating
areas as either ‘‘attainment,’’
‘‘nonattainment’’ or ‘‘unclassifiable’’ in
2012, based on air quality data for years
2008–2010. Unlike the near-roadway
approach, we would expect to have
sufficient data to designate some areas
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showing no violations of the revised
NAAQS as ‘‘attainment’’ rather than
‘‘unclassifiable.’’ As required by CAA
section 107(d), we would expect to
designate areas with violating monitors
and nearby areas, including those with
major roadways that contribute to such
violations, as ‘‘nonattainment.’’ Any
areas which EPA cannot classify on the
basis of available information as
meeting or not meeting the revised
NAAQS would be designated as
‘‘unclassifiable.’’
B. Classifications
Section 172(a)(1)(A) of the CAA
authorizes EPA to classify areas
designated as nonattainment for the
purpose of applying an attainment date
pursuant to section 172(a)(2), or for
other reasons. In determining the
appropriate classification, EPA may
consider such factors as the severity of
the nonattainment problem and the
availability and feasibility of pollution
control measures (see section
172(a)(1)(A) of the CAA). The EPA may
classify NO2 nonattainment areas, but is
not required to do so. The primary
reason to establish classifications is to
set different deadlines for each class of
nonattainment area to complete the
planning process and to provide for
different attainment dates based upon
the severity of the nonattainment
problem for the affected area. However,
the CAA separately establishes specific
planning and attainment deadlines in
sections 191 and 192: 18 months for the
submittal of an attainment plan and as
expeditiously as possible but no later
than 5 years for areas to attain standard.
EPA believes that classifications are
unnecessary in light of these relatively
short deadlines. Therefore, EPA is not
proposing to establish classifications for
a revised NO2 NAAQS.
C. Attainment Dates
The maximum deadline date by
which an area is required to attain the
NO2 NAAQS is determined from the
effective date of the nonattainment
designation for the affected area. For
areas designated nonattainment for the
revised NO2 NAAQS, SIPs must provide
for attainment of the NAAQS as
expeditiously as practicable, but no later
than 5 years from the date of the
nonattainment designation for the area
(see section 192(a) of the CAA). The
EPA will determine whether an area has
demonstrated attainment of the NO2
NAAQS by evaluating air quality
monitoring data consistent with the
form of the NO2 NAAQS if revised,
which will be codified at 40 CFR part
50, Appendix F.
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1. Attaining the NAAQS
In order for an area to be redesignated
as attainment, the state must comply
with the five requirements as provided
under section 107(d)(3)(E) of the CAA.
This section requires that:
—EPA must have determined that the
area has met the NO2 NAAQS;
—EPA has fully approved the state’s
implementation plan;
—the improvement in air quality in the
affected area is due to permanent and
enforceable reductions in emissions;
—EPA has fully approved a
maintenance plan for the area; and
—The state(s) containing the area have
met all applicable requirements under
section 110 and part D.
2. Consequences of Failing To Attain by
the Statutory Attainment Date
Any NO2 nonattainment area that fails
to attain by its statutory attainment date
would be subject to the requirements of
sections 179(c) and (d) of the CAA. EPA
is required to make a finding of failure
to attain no later than 6 months after the
specified attainment date and publish a
notice in the Federal Register. The state
would be required to submit an
implementation plan revision, no later
than one year following the effective
date of the Federal Register notice
making the determination of the area’s
failure to attain, which demonstrates
that the standard will be attained as
expeditiously as practicable, but no later
than 5 years from the effective date of
EPA’s finding that the area failed to
attain. In addition, section 179(d)(2)
provides that the SIP revision must
include any specific additional
measures as may be reasonably
prescribed by EPA, including ‘‘all
measures that can be feasibly
implemented in the area in light of
technological achievability, costs, and
any nonair quality and other air qualityrelated health and environmental
impacts.’’
D. Section 110(a)(2) NAAQS
Infrastructure Requirements
Section 110(a)(2) of the CAA requires
all states to develop and maintain a
solid air quality management
infrastructure, including enforceable
emission limitations, an ambient
monitoring program, an enforcement
program, air quality modeling, and
adequate personnel, resources, and legal
authority. Section 110(a)(2)(D) also
requires state plans to prohibit
emissions from within the state which
contribute significantly to
nonattainment or maintenance areas in
any other State, or which interfere with
programs under part C to prevent
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significant deterioration of air quality or
to achieve reasonable progress toward
the national visibility goal for Federal
class I areas (national parks and
wilderness areas).
Under section 110(a)(1) and (2) of the
CAA, all states are required to submit
SIPs to EPA which demonstrate that
basic program elements have been
addressed within 3 years of the
promulgation of any new or revised
NAAQS. Subsections (A) through (M) of
section 110(a)(2) listed below, set forth
the elements that a State’s program must
contain in the SIP.24 The list of section
110(a)(2) NAAQS implementation
requirements are the following:
• Ambient air quality monitoring/
data system: Section 110(a)(2)(B)
requires SIPs to provide for setting up
and operating ambient air quality
monitors, collecting and analyzing data
and making these data available to EPA
upon request.
• Program for enforcement of control
measures: Section 110(a)(2)(C) requires
SIPs to include a program providing for
enforcement of measures and regulation
and permitting of new/modified
sources.
• Interstate transport: Section
110(a)(2)(D) requires SIPs to include
provisions prohibiting any source or
other type of emissions activity in the
state from contributing significantly to
nonattainment in another state or from
interfering with measures required to
prevent significant deterioration of air
quality or to protect visibility.
• Adequate resources: Section
110(a)(2)(E) requires states to provide
assurances of adequate funding,
personnel and legal authority for
implementation of their SIPs.
• Stationary source monitoring
system: Section 110(a)(2)(F) requires
states to establish a system to monitor
emissions from stationary sources and
to submit periodic emissions reports to
EPA.
• Emergency power: Section
110(a)(2)(G) requires states to include
contingency plans, and adequate
authority to implement them, for
emergency episodes in their SIPs.
• Provisions for SIP revision due to
NAAQS changes or findings of
inadequacies: Section 110(a)(2)(H)
24 Two elements identified in section 110(a)(2) are
not listed below because, as EPA interprets the
CAA, SIPs incorporating any necessary local
nonattainment area controls would not be due
within 3 years, but rather are due at the time the
nonattainment area planning requirements are due.
These elements are: (1) Emission limits and other
control measures, section 110(a)(2)(A), and (2)
Provisions for meeting part D, section 110(a)(2)(I),
which requires areas designated as nonattainment
to meet the applicable nonattainment planning
requirements of part D, title I of the CAA.
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requires states to provide for revisions
of their SIPs in response to changes in
the NAAQS, availability of improved
methods for attaining the NAAQS, or in
response to an EPA finding that the SIP
is inadequate.
• Consultation with local and Federal
government officials: Section 110(a)(2)(J)
requires states to meet applicable local
and Federal government consultation
requirements when developing SIP and
reviewing preconstruction permits.
• Public notification of NAAQS
exceedances: Section 110(a)(2)(J)
requires states to adopt measures to
notify the public of instances or areas in
which a NAAQS is exceeded.
• PSD and visibility protection:
Section 110(a)(2)(J) also requires states
to adopt emissions limitations, and such
other measures, as may be necessary to
prevent significant deterioration of air
quality in attainment areas and protect
visibility in Federal Class I areas in
accordance with the requirements of
CAA Title I, part C.
• Air quality modeling/data: Section
110(a)(2)(K) requires that SIPs provide
for performing air quality modeling for
predicting effects on air quality of
emissions of any NAAQS pollutant and
submission of data to EPA upon request.
• Permitting fees: Section 110(a)(2)(L)
requires the SIP to include requirements
for each major stationary source to pay
permitting fees to cover the cost of
reviewing, approving, implementing
and enforcing a permit.
• Consultation/participation by
affected local government: Section
110(a)(2)(M) requires states to provide
for consultation and participation by
local political subdivisions affected by
the SIP.
E. Attainment Planning Requirements
1. Nonattainment Area SIPs
Any state containing an area
designated as nonattainment with
respect to the NO2 NAAQS must
develop for submission a SIP meeting
the requirements of part D, Title I, of the
CAA, providing for attainment by the
applicable statutory attainment date (see
sections 191(a) and 192(a) of the CAA).
As indicated in section 191(a) all
components of the NO2 part D SIP must
be submitted within 18 months of the
effective date of an area’s designation as
nonattainment.
Section 172 of the CAA includes
general requirements for all designated
nonattainment areas. Section 172(c)(1)
requires that each nonattainment area
plan ‘‘provide for the implementation of
all reasonably available control
measures (RACM) as expeditiously as
practicable (including such reductions
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in emissions from existing sources in
the area as may be obtained through the
adoption, at a minimum, of Reasonably
Available Control Technology (RACT)),
and shall provide for attainment of the
national primary ambient air quality
standards.’’ States are required to
implement RACM and RACT in order to
attain ‘‘as expeditiously as practicable’’.
Section 172(c) requires states with
nonattainment areas to submit a SIP for
these areas which contain an attainment
demonstration which shows that the
affected area will attain the standard by
the applicable statutory attainment date.
The State must also show that the area
will attain the standards as
expeditiously as practicable, and it must
include an analysis of whether
implementation of reasonably available
measures will advance the attainment
date for the area.
Part D SIPs must also provide for
reasonable further progress (RFP) (see
section 172(c)(2) of the CAA). The CAA
defines RFP as ‘‘such annual
incremental reductions in emissions of
the relevant air pollution as are required
by part D, or may reasonably be required
by the Administrator for the purpose of
ensuring attainment of the applicable
NAAQS by the applicable attainment
date.’’ (See section 171 of the CAA)
Historically, for some pollutants, RFP
has been met by showing annual
incremental emission reductions
sufficient to maintain generally linear
progress toward attainment by the
applicable attainment date.
All NO2 nonattainment area SIPs must
include contingency measures which
must be implemented in the event that
an area fails to meet RFP or fails to
attain the standards by its attainment
date. (See section 172(c)(9)) These
contingency measures must be fully
adopted rules or control measures that
take effect without further action by the
state or the Administrator. The EPA
interprets this requirement to mean that
the contingency measures must be
implemented with only minimal further
action by the state or the affected
sources with no additional rulemaking
actions such as public hearings or
legislative review.
Emission inventories are also critical
for the efforts of State, local, and Federal
agencies to attain and maintain the
NAAQS that EPA has established for
criteria pollutants including NO2.
Section 191(a) in conjunction with
section 172(c) requires that areas
designated as nonattainment for NO2
submit an emission inventory to EPA no
later than 18 months after designation as
nonattainment. In the case of NO2,
sections 191(a) and 172(c) also require
that states submit periodic emission
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inventories for nonattainment areas. The
periodic inventory must include
emissions of NO2 for point, nonpoint,
mobile (on-road and non-road), and area
sources.
2. New Source Review and Prevention
of Significant Deterioration
Requirements
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The Prevention of Significant
Deterioration (PSD) and nonattainment
New Source Review (NSR) programs
contained in parts C and D of Title I of
the CAA govern preconstruction review
of any new or modified major stationary
sources of air pollutants regulated under
the CAA as well as any precursors to the
formation of that pollutant when
identified for regulation by the
Administrator.25 The EPA rules
addressing these programs can be found
at 40 CFR 51.165, 51.166, 52.21, 52.24,
and part 51, appendix S. States which
have areas designated as nonattainment
for the NO2 NAAQS must submit, as a
part of the SIP due 18 months after an
area is designated as nonattainment,
provisions requiring permits for the
construction and operation of new or
modified stationary sources anywhere
in the nonattainment area. SIPs that
address the PSD requirements related to
attainment areas are due no later than 3
years after the promulgation of a revised
NAAQS for NO2.
The NSR program is composed of
three different permit programs:
• Prevention of Significant
Deterioration (PSD).
• Nonattainment NSR (NA NSR).
• Minor NSR.
The PSD program applies when a
major source, that is located in an area
that is designated as attainment or
unclassifiable for any criteria pollutant,
is constructed, or undergoes a major
modification.26 The nonattainment NSR
program applies on a pollutant-specific
basis when a major source constructs or
modifies in an area that is designated as
nonattainment for that pollutant. The
minor NSR program addresses both
major and minor sources that undergo
construction or modification activities
that do not qualify as major, and it
applies, as necessary to ensure
25 The terms ‘‘major’’ and ‘‘minor’’ define the size
of a stationary source, for applicability purposes, in
terms of an annual emissions rate (tons per year,
tpy) for a pollutant. Generally, a minor source is
any source that is not ‘‘major.’’ ‘‘Major’’ is defined
by the applicable regulations—PSD or
nonattainment NSR.
26 In addition, the PSD program applies to noncriteria pollutants subject to regulation under the
Act, except those pollutants regulated under section
112 and pollutants subject to regulation only under
section 211(o).
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attainment, regardless of the designation
of the area in which a source is located.
The PSD requirements include but are
not limited to the following:
• Installation of Best Available
Control Technology (BACT);
• Air quality monitoring and
modeling analyses to ensure that a
project’s emissions will not cause or
contribute to a violation of any NAAQS
or maximum allowable pollutant
increase (PSD increment);
• Notification of Federal Land
Manager of nearby Class I areas; and
• Public comment on permit.
Nonattainment NSR requirements
include but are not limited to:
• Installation of Lowest Achievable
Emissions Rate (LAER) control
technology;
• Offsetting new emissions with
creditable emissions reductions;
• A certification that all major
sources owned and operated in the state
by the same owner are in compliance
with all applicable requirements under
the CAA;
• An alternative siting analysis
demonstrating that the benefits of a
proposed source significantly outweigh
the environmental and social costs
imposed as a result of its location,
construction, or modification; and
• Public comment on the permit.
Minor NSR programs must meet the
statutory requirements in section
110(a)(2)(C) of the CAA which requires
‘‘* * * regulation of the modification
and construction of any stationary
source * * * as necessary to ensure that
the [NAAQS] are achieved.’’ Areas
which are newly designated as
nonattainment for the NO2 NAAQS as a
result of any changes made to the
NAAQS will be required to adopt a
nonattainment NSR program to address
major sources of NO2 where the program
does not currently exist for the NO2
NAAQS and may need to amend their
minor source program as well. Prior to
adoption of the SIP revision addressing
major source nonattainment NSR for
NO2 nonattainment areas, the
requirements of 40 CFR part 51,
appendix S will apply.
3. General Conformity
Section 176(c) of the CAA, as
amended (42 U.S.C. 7401 et seq.),
requires that all Federal actions conform
to an applicable implementation plan
developed pursuant to section 110 and
part D of the CAA. The EPA rules,
developed under the authority of
section 176(c) of the CAA, prescribe the
criteria and procedures for
demonstrating and assuring conformity
of Federal actions to a SIP. Each Federal
agency must determine that any actions
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34453
covered by the general conformity rule
conform to the applicable SIP before the
action is taken. The criteria and
procedures for conformity apply only in
nonattainment areas and those areas
redesignated attainment since 1990
(‘‘maintenance areas’’) with respect to
the criteria pollutants under the CAA: 27
Carbon monoxide (CO), lead (Pb),
nitrogen dioxide (NO2), ozone (O3),
particulate matter (PM2.5 and PM10), and
sulfur dioxide (SO2). The general
conformity rules apply one year
following the effective date of
designations for any new or revised
NAAQS.
The general conformity determination
examines the impacts of direct and
indirect emissions related to Federal
actions. The general conformity rule
provides several options to satisfy air
quality criteria, such as modeling or
offsets, and requires the Federal action
to also meet any applicable SIP
requirements and emissions milestones.
The general conformity rule also
requires that notices of draft and final
general conformity determinations be
provided directly to air quality
regulatory agencies and to the public by
publication in a local newspaper.
4. Transportation Conformity
Transportation conformity is required
under CAA section 176(c) (42 U.S.C.
7506(c)) to ensure that transportation
plans, transportation improvement
programs (TIPs) and Federally
supported highway and transit projects
will not cause new air quality
violations, worsen existing violations, or
delay timely attainment of the relevant
NAAQS or interim reductions and
milestones. Transportation conformity
applies to areas that are designated
nonattainment and maintenance for
transportation-related criteria
pollutants: carbon monoxide (CO),
ozone (O3), nitrogen dioxide (NO2), and
particulate matter (PM2.5 and PM10).
Transportation conformity for a revised
NO2 NAAQS does not apply until one
year after the effective date of a
nonattainment designation. (See CAA
section 176(c)(6) and 40 CFR 93.102(d)).
EPA’s Transportation Conformity
Rule (40 CFR Part 51, Subpart T, and
Part 93, Subpart A establishes the
criteria and procedures for determining
whether transportation activities
conform to the SIP. The EPA is not
proposing changes to the Transportation
Conformity rule in this proposed
rulemaking. However, in the future,
EPA will review the need to conduct a
27 Criteria pollutants are those pollutants for
which EPA has established a NAAQS under section
109 of the CAA.
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rulemaking to establish any new or
revised transportation conformity tests
that would apply under a revision to the
NO2 NAAQS for transportation plans,
TIPs, and applicable highway and
transit projects.
VI. Communication of Public Health
Information
Information on the public health
implications of ambient concentrations
of criteria pollutants is currently made
available primarily through EPA’s Air
Quality Index (AQI) program. The
current Air Quality Index has been in
use since its inception in 1999 (64 FR
42530). It provides accurate, timely, and
easily understandable information about
daily levels of pollution (40 CFR 58.50).
The AQI establishes a nationally
uniform system of indexing pollution
levels for NO2, carbon monoxide, ozone,
particulate matter and sulfur dioxide.
The AQI converts pollutant
concentrations in a community’s air to
a number on a scale from 0 to 500.
Reported AQI values enable the public
to know whether air pollution levels in
a particular location are characterized as
good (0–50), moderate (51–100),
unhealthy for sensitive groups (101–
150), unhealthy (151–200), very
unhealthy (201–300), or hazardous
(300–500). The AQI index value of 100
typically corresponds to the level of the
short-term NAAQS for each pollutant.
An AQI value greater than 100 means
that a pollutant is in one of the
unhealthy categories (i.e., unhealthy for
sensitive groups, unhealthy, very
unhealthy, or hazardous) on a given
day; an AQI value at or below 100
means that a pollutant concentration is
in one of the satisfactory categories (i.e.,
moderate or good). Decisions about the
pollutant concentrations at which to set
the various AQI breakpoints, that
delineate the various AQI categories,
draw directly from the underlying
health information that supports the
NAAQS review.
The Agency recognizes the
importance of revising the AQI in a
timely manner to be consistent with any
revisions to the NAAQS. Therefore EPA
proposes to finalize conforming changes
to the AQI, in connection with the
Agency’s final decision on the NO2
NAAQS if revisions to the primary
standard are promulgated. Currently, no
AQI breakpoints are identified below an
AQI value of 200 since there is no shortterm NO2 NAAQS. Therefore, if a shortterm NO2 NAAQS is promulgated,
conforming changes would include
setting the 100 level of the AQI at the
same level as the revised primary NO2
NAAQS and also setting the other AQI
breakpoints at the lower end of the AQI
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scale (i.e., AQI values of 50 and 150).
EPA does not propose to change
breakpoints at the higher end of the AQI
scale (from 200 to 500), which would
apply to state contingency plans or the
Significant Harm Level (40 CFR 51.16),
because the information from this
review does not inform decisions about
breakpoints at those higher levels.
With regard to an AQI value of 50, the
breakpoint between the good and
moderate categories, historically this
value is set at the level of the annual
NAAQS, if there is one, or one-half the
level of the short-term NAAQS in the
absence of an annual NAAQS (63 FR
67823, Dec. 12, 1998). Taking into
consideration this practice, EPA is
proposing to set the AQI value of 50 to
be between 0.040 and 0.053 ppm NO2,
1-hour average. EPA anticipates that
figures towards the lower end of this
range would be appropriate if the
standard is set towards the lower end of
the proposed range for the standard (e.g.
80 ppb), while figures towards the
higher end of the range would be more
appropriate for standards set at the
higher end of the range for the standard
(e.g., 100 ppb). EPA solicits comments
on this range for an AQI of 50, and the
appropriate basis for selecting an AQI of
50 both within this range and, in light
of EPA’s solicitation of comment on
standard levels below 80 ppb and above
100 ppb, above or below this range.
With regard to an AQI value of 150,
the breakpoint between the unhealthy
for sensitive groups and unhealthy
categories, historically values between
the short-term standard and an AQI
value of 500 are set at levels that are
approximately equidistant between the
AQI values of 100 and 500 unless there
is health evidence that suggests a
specific level would be appropriate (63
FR 67829, Dec. 12, 1998). For an AQI
value of 150, the range of 0.360 to 0.370
ppm NO2, 1-hour average, represents the
midpoint between the proposed range
for the short-term standard and the level
of an AQI value of 200 (0.64 ppm NO2,
1-hour average). Therefore, EPA is
proposing to set the AQI value of 150 to
be between 0.360 and 0.370 ppm NO2,
1-hour average.
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under section 3(f)(1) of Executive
Order 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
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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. In addition, EPA prepared a
Regulatory Impact Analysis (RIA) of the
potential costs and benefits associated
with this action. However, the CAA 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 developing this
proposed rule.
B. Paperwork Reduction Act
The information collection
requirements in this proposed rule have
been submitted for approval to the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR)
document prepared by EPA for these
proposed revisions to part 58 has been
assigned EPA ICR number 2358.01.
The information collected under 40
CFR part 53 (e.g., test results,
monitoring records, instruction manual,
and other associated information) is
needed to determine whether a
candidate method intended for use in
determining attainment of the National
Ambient Air Quality Standards
(NAAQS) in 40 CFR part 50 will meet
the design, performance, and/or
comparability requirements for
designation as a Federal reference
method (FRM) or Federal equivalent
method (FEM). We do not expect the
number of FRM or FEM determinations
to increase over the number that is
currently used to estimate burden
associated with NO2 FRM/FEM
determinations provided in the current
ICR for 40 CFR part 53 (EPA ICR
numbers 2358.01). As such, no change
in the burden estimate for 40 CFR part
53 has been made as part of this
rulemaking.
The information collected and
reported under 40 CFR part 58 is needed
to determine compliance with the
NAAQS, to characterize air quality and
associated health impacts, to develop
emissions control strategies, and to
measure progress for the air pollution
program. The proposed amendments
would revise the technical requirements
for NO2 monitoring sites, require the
siting and operation of additional NO2
ambient air monitors, and the reporting
of the collected ambient NO2 monitoring
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data to EPA’s Air Quality System (AQS).
The annual average reporting burden for
the collection under 40 CFR part 58
(averaged over the first 3 years of this
ICR) is $3,616,487. Burden is defined at
5 CFR 1320.3(b). State, local, and Tribal
entities are eligible for State assistance
grants provided by the Federal
government under the CAA which can
be used for monitors and related
activities.
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.
To comment on the Agency’s need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, EPA has established
a public docket for this rule, which
includes this ICR, under Docket ID
number EPA–HQ–OAR–2006–0922.
Submit any comments related to the ICR
to EPA and OMB. See ADDRESSES
section at the beginning of this notice
for where to submit comments to EPA.
Send comments to OMB at the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC
20503, Attention: Desk Office for EPA.
Since OMB is required to make a
decision concerning the ICR between 30
and 60 days after July 15, 2009, a
comment to OMB is best assured of
having its full effect if OMB receives it
by August 14, 2009. The final rule will
respond to any OMB or public
comments on the information collection
requirements contained in this proposal.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this rule on small entities, small
entity is defined as: (1) A small business
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
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than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this proposed rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule will not impose any
requirements on small entities. Rather,
this rule establishes national standards
for allowable concentrations of NO2 in
ambient air as required by section 109
of the CAA. American Trucking Assn’s
v. EPA, 175 F. 3d 1027, 1044–45 (D.C.
cir. 1999) (NAAQS do not have
significant impacts upon small entities
because NAAQS themselves impose no
regulations upon small entities).
Similarly, the proposed amendments to
40 CFR part 58 address the requirements
for States to collect information and
report compliance with the NAAQS and
will not impose any requirements on
small entities. We continue to be
interested in the potential impacts of the
proposed rule on small entities and
welcome comments on issues related to
such impacts.
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. Unless otherwise prohibited by
law, 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 one year.
Before promulgating an EPA rule for
which a written statement is required
under section 202, section 205 of the
UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and to
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 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
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34455
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.
This action is not subject to the
requirements of sections 202 and 205 of
the UMRA. EPA has determined that
this proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. The revisions to the NO2
NAAQS impose no enforceable duty on
any State, local or Tribal governments or
the private sector. The expected costs
associated with the monitoring
requirements are described in EPA’s ICR
document, but those costs are not
expected to exceed $100 million in the
aggregate for any year. Furthermore, as
indicated previously, in setting a
NAAQS, EPA cannot consider the
economic or technological feasibility of
attaining ambient air quality standards.
Because the Clean Air Act prohibits
EPA from considering the types of
estimates and assessments described in
section 202 when setting the NAAQS,
the UMRA does not require EPA to
prepare a written statement under
section 202 for the revisions to the NO2
NAAQS.
With regard to implementation
guidance, the CAA imposes the
obligation for States to submit SIPs to
implement the NO2 NAAQS. In this
proposed rule, EPA is merely providing
an interpretation of those requirements.
However, even if this rule did establish
an independent obligation for States to
submit SIPs, it is questionable whether
an obligation to submit a SIP revision
would constitute a Federal mandate in
any case. The obligation for a State to
submit a SIP that arises out of section
110 and section 191 of the CAA is not
legally enforceable by a court of law,
and at most is a condition for continued
receipt of highway funds. Therefore, it
is possible to view an action requiring
such a submittal as not creating any
enforceable duty within the meaning of
2 U.S.C. 658 for purposes of the UMRA.
Even if it did, the duty could be viewed
as falling within the exception for a
condition of Federal assistance under 2
U.S.C. 658.
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EPA has determined that this
proposed rule contains no regulatory
requirements that might significantly or
uniquely affect small governments
because it imposes no enforceable duty
on any small governments. Therefore,
this rule is not subject to the
requirements of section 203 of the
UMRA.
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.’’
This proposed 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 in section E (above) 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.
However, EPA recognizes that States
will have a substantial interest in this
rule and any corresponding revisions to
associated air quality surveillance
requirements, 40 CFR part 58.
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 solicits
comment on this proposed rule from
State and local officials.
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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 proposed 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, on the
relationship between the Federal
government and Indian Tribes, or on the
distribution of power and
responsibilities between the Federal
government and Tribes. The rule does
not alter the relationship between the
Federal government and Tribes as
established in the CAA and the TAR.
Under section 109 of the CAA, EPA is
mandated to establish NAAQS;
however, this rule does not infringe
existing Tribal authorities to regulate air
quality under their own programs or
under programs submitted to EPA for
approval. Furthermore, this rule does
not affect the flexibility afforded to
Tribes in seeking to implement CAA
programs consistent with the TAR, nor
does it impose any new obligation on
Tribes to adopt or implement any
NAAQS. Finally, as noted in section E
(above) on UMRA, this rule does not
impose significant costs on Tribal
governments. Thus, Executive Order
13175 does not apply to this rule.
However, EPA recognizes that Tribes
may be interested in this rule and any
corresponding revisions to associated
air quality surveillance requirements.
Therefore, in the spirit of Executive
Order 13175, and consistent with EPA
policy to promote communications
between EPA and Tribes, EPA
specifically solicits additional comment
on this proposed rule from Tribal
officials.
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
This action is subject to Executive
Order (62 FR 19885, April 23, 1997)
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 has a
disproportionate effect on children. The
proposed rule will establish uniform
national ambient air quality standards
for NO2; these standards are designed to
protect public health with an adequate
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margin of safety, as required by CAA
section 109. The protection offered by
these standards may be especially
important for asthmatics, including
asthmatic children, because respiratory
effects in asthmatics are among the most
sensitive health endpoints for NO2
exposure. Because asthmatic children
are considered a sensitive population,
we have evaluated the potential health
effects of exposure to NO2 pollution
among asthmatic children. These effects
and the size of the population affected
are discussed in chapters 3 and 4 of the
ISA; chapters 3, 4, and 8 of the REA,
and sections II.A through II.E 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
revised NAAQS for NO2. The rule does
not prescribe specific control strategies
by which these ambient standards will
be met. Such strategies will be
developed by States on a case-by-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.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, 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.
This proposed rulemaking involves
technical standards with regard to
ambient monitoring of NO2. The use of
this voluntary consensus standard
would be impractical because the
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analysis method does not provide for
the method detection limits necessary to
adequately characterize ambient NO2
concentrations for the purpose of
determining compliance with the
proposed revisions to the NO2 NAAQS.
EPA welcomes comments on this
aspect of the proposed rule, and
specifically invites the public to identify
potentially applicable voluntary
consensus standards and to explain why
such standards should be used in the
regulation.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629;
Feb. 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health effects on any population,
including any minority or low-income
population. The proposed rule will
establish uniform national standards for
NO2 in ambient air. EPA solicits
comment on environmental justice
issues related to the proposed revision
of the NO2 NAAQS.
srobinson on DSKHWCL6B1PROD with PROPOSALS2
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severity in children. Arch Pediatr
Adolesc Med. 160:844–850.
Strand, V, Rak S, Svartengren M, Bylin G.
(1997). Nitrogen dioxide exposure
enhances asthmatic reaction to inhaled
allergen in subjects with asthma. Am J
Respir Crit Care Med. 155:881–887.
Strand, V, Svartengren M, Rak S, Barck C,
Bylin G. (1998). Repeated exposure to an
ambient level of NO2 enhances asthmatic
response to nonsymptomatic allergen
dose. Eur Respir J. 12:6–12.
Thompson, R. (2008). Nitrogen Dioxide (NO2)
Descriptive Statistics Tables. Memo to
the NO2 NAAQS docket. Available at
https://www.epa.gov/ttn/naaqs/
standards/nox/s_nox_cr_rea.html.
Tolbert, PE, Klein M, Peel JL, Sarnat SE,
Sarnat JA. (2007). Multipollutant
modeling issues in a study of ambient air
quality and emergency department visits
in Atlanta. J. Exposure Sci. Environ.
Epidemiol. 17(Suppl. 2s): S29–S35.
Venkatram, A, Isakov V, Thoma E, Baldauf
RW. (2007). Analysis of air quality data
near roadways using a dispersion model.
Atmos. Environ. 41:9481–9497.
Watkins, N. and Thompson, R. (2008). NOX
Network Review and Background. Memo
to the NO2 NAAQS docket.
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Wolff, GT. (1995). Letter to EPA
Administrator Carol Browner: ‘‘CASAC
Review of the Staff Paper for the Review
of the National Ambient Air Quality
Standards for Nitrogen Dioxide:
Assessment of Scientific and Technical
Information.’’ EPA–SAB–CASAC–LTR–
95–004, August 22.
Zhou, Y and Levy JI. (2007). Factors
influencing the spatial extent of mobile
source air pollution impacts: a metaanalysis. BMC Public Health. 7:89.
List of Subjects
40 CFR Part 50
Environmental protection, Air
pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
40 CFR Part 58
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: June 26, 2009.
Lisa P. Jackson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations is proposed to be
amended as follows:
PART 50—NATIONAL PRIMARY
AMBIENT AIR QUALITY STANDARDS
1. The authority citation for part 50
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A—General Provisions
2. Section 50.11 is revised to read as
follows:
§ 50.11 National primary and secondary
ambient air quality standards for oxides of
nitrogen (nitrogen dioxide).
(a) The level of the national primary
annual ambient air quality standard for
oxides of nitrogen is 53 parts per billion
(ppb, which is 1 part in 1,000,000,000),
annual average concentration, measured
in the ambient air as nitrogen dioxide.
(b) The level of the national primary
1-hour ambient air quality standard for
oxides of nitrogen is (80–100) ppb, 1hour average concentration, measured
in the ambient air as nitrogen dioxide.
(c) The level of the national secondary
ambient air quality standard for nitrogen
dioxide is 0.053 parts per million (100
micrograms per cubic meter), annual
arithmetic mean concentration.
(d) The levels of the standards shall
be measured by:
(1) A reference method based on
appendix F to this part; or
(2) By a Federal equivalent method
(FEM) designated in accordance with
part 53 of this chapter.
(e) The annual primary standard is
met when the annual average
concentration in a calendar year is less
than or equal to 53 ppb, as determined
in accordance with Appendix S of this
part for the annual standard.
(f) The 1-hour primary standard is met
when the three-year average of the
annual (99th percentile)(fourth highest)
of the daily maximum 1-hour average
concentration is less than or equal to
(80–100) ppb, as determined in
34459
accordance with Appendix S of this part
for the 1-hour standard.
(g) The secondary standard is attained
when the annual arithmetic mean
concentration in a calendar year is less
than or equal to 0.053 ppm, rounded to
three decimal places (fractional parts
equal to or greater than 0.0005 ppm
must be rounded up). To demonstrate
attainment, an annual mean must be
based upon hourly data that are at least
75 percent complete or upon data
derived from manual methods that are
at least 75 percent complete for the
scheduled sampling days in each
calendar quarter.
3. Section 50.14 is amended by
revising paragraph (c)(2)(vi) to read as
follows:
§ 50.14 Treatment of air quality monitoring
data influenced by exceptional events.
*
*
*
*
*
(c) * * *
(2) * * *
(vi) When EPA sets a NAAQS for a
new pollutant or revises the NAAQS for
an existing pollutant, it may revise or
set a new schedule for flagging
exceptional event data, providing initial
data descriptions and providing detailed
data documentation in AQS for the
initial designations of areas for those
NAAQS: Table 1 provides the schedule
for submission of flags with initial
descriptions in AQS and detailed
documentation and the schedule shall
apply for those data which will or may
influence the initial designation of areas
for those NAAQS. EPA anticipates
revising Table 1 as necessary to
accommodate revised data submission
schedules for new or revised NAAQS.
TABLE 1—TO PARAGRAPH (C)(2)(VI): SCHEDULE FOR EXCEPTIONAL EVENT FLAGGING AND DOCUMENTATION SUBMISSION
FOR DATA TO BE USED IN DESIGNATIONS DECISIONS FOR NEW OR REVISED NAAQS
NAAQS pollutant/standard/(level)/
promulgation date
Event flagging & initial description
deadline
Detailed documentation submission
deadline
2004–2006
October 1, 2007 a ..................................
April 15, 2008. a
2005–2007
June 18, 2009 b .....................................
June 18, 2009.b
2008
2009
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PM2.5/24-Hr Standard (35μg/m3) Promulgated October 17, 2006.
Ozone/8-Hr Standard (0.075 ppm) Promulgated March 12, 2008.
Air quality data
collected for
calendar year
2008
June 18, 2009 b .....................................
60 Days after the end of the calendar
quarter in which the event occurred
or February 5, 2010, whichever date
occurs first. b
July 1, 2010 b ........................................
June 18, 2009.b
60 Days after the end of the calendar
quarter in which the event occurred
or February 5, 2010, whichever date
occurs first.b
January 22, 2011.
2009
2010
July 1, 2010 ...........................................
April 1, 2011 b ........................................
January 22, 2011.
July 1, 2011.b
NO2/1-Hour Standard (80–100 ppb, final
level TBD).
a These
dates are unchanged from those published in the original rulemaking, and are shown in this table for informational purposes.
change from general schedule in 40 CFR 50.14.
Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most notably, for data used by EPA for redesignations to attainment.
b Indicates
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*
*
*
*
*
4. Appendix S is added to read as
follows:
Option 1 for Appendix S to Part 50:
Appendix S to Part 50—Interpretation
of the Primary National Ambient Air
Quality Standards for Oxides of
Nitrogen (Nitrogen Dioxide) (1-Hour
Primary Standard Based on the 4th
Highest Daily Maximum Value Form)
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1. General
(a) This appendix explains the data
handling conventions and computations
necessary for determining when the primary
national ambient air quality standards for
oxides of nitrogen as measured by nitrogen
dioxide (‘‘NO2 NAAQS’’) specified in § 50.11
are met. Nitrogen dioxide (NO2) is measured
in the ambient air by a Federal reference
method (FRM) based on appendix F to this
part or by a Federal equivalent method (FEM)
designated in accordance with part 53 of this
chapter. Data handling and computation
procedures to be used in making
comparisons between reported NO2
concentrations and the levels of the NO2
NAAQS are specified in the following
sections.
(b) Whether to exclude, retain, or make
adjustments to the data affected by
exceptional events, including natural events,
is determined by the requirements and
process deadlines specified in §§ 50.1, 50.14
and 51.930 of this chapter.
(c) The terms used in this appendix are
defined as follows:
Annual mean refers to the annual average
of all of the 1-hour concentration values as
defined in section 5.1 of this appendix.
Daily maximum 1-hour values for NO2
refers to the maximum 1-hour NO2
concentration values measured from
midnight to midnight (local standard time)
that are used in NAAQS computations.
Design values are the metrics (i.e.,
statistics) that are compared to the NAAQS
levels to determine compliance, calculated as
specified in section 5 of this appendix. The
design values for the primary NAAQS are:
(1) The annual mean value for a monitoring
site for one year (referred to as the ‘‘annual
primary standard design value’’).
(2) The 3-year average of annual 4th
highest daily maximum 1-hour values for a
monitoring site (referred to as the ‘‘1-hour
primary standard design value’’).
Annual 4th highest daily maximum
1-hour value refers to the 4th highest daily
1-hour maximum value at a site in a
particular year.
Quarter refers to a calendar quarter.
Year refers to a calendar year.
2. Requirements for Data Used for
Comparisons With the NO2 NAAQS and
Data Reporting Considerations
(a) All valid FRM/FEM NO2 hourly data
required to be submitted to EPA’s Air Quality
System (AQS), or otherwise available to EPA,
meeting the requirements of part 58 of this
chapter including appendices A, C, and E
shall be used in design value calculations.
Multi-hour average concentration values
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collected by wet chemistry methods shall not
be used.
(b) When two or more NO2 monitors are
operated at a site, the state may in advance
designate one of them as the primary
monitor. If the state has not made this
designation in advance, the Administrator
will make the designation, either in advance
or retrospectively. Design values will be
developed using only the data from the
primary monitor, if this results in a valid
design value. If data from the primary
monitor do not allow the development of a
valid design value, data solely from the other
monitor(s) will be used in turn to develop a
valid design value, if this results in a valid
design value. If there are three or more
monitors, the order for such comparison of
the other monitors will be determined by the
Administrator. The Administrator may
combine data from different monitors in
different years for the purpose of developing
a valid 1-hour primary standard design value,
if a valid design value cannot be developed
solely with the data from a single monitor.
However, data from two or more monitors in
the same year at the same site will not be
combined in an attempt to meet data
completeness requirements, except if one
monitor has physically replaced another
instrument permanently, in which case the
two instruments will be considered to be the
same monitor, or if the state has switched the
designation of the primary monitor from one
instrument to another during the year.
(c) Hourly NO2 measurement data shall be
reported to AQS in units of parts per billion
(ppb), to at most one place after the decimal,
with additional digits to the right being
truncated with no further rounding.
3. Comparisons With the NO2 NAAQS
3.1 The Annual Primary NO2 NAAQS
(a) The annual primary NO2 NAAQS is met
at a site when the valid annual primary
standard design value is less than or equal to
53 parts per billion (ppb).
(b) An annual primary standard design
value is valid when at least 75 percent of the
hours in the year are reported.
(c) An annual primary standard design
value based on data that do not meet the
completeness criteria stated in 3.1(b) may
also be considered valid with the approval of,
or at the initiative of, the Administrator, who
may consider factors such as monitoring site
closures/moves, monitoring diligence, the
consistency and levels of the valid
concentration measurements that are
available, and nearby concentrations in
determining whether to use such data.
(d) The procedures for calculating the
annual primary standard design values are
given in section 5.1 of this appendix.
3.2
The 1-Hour Primary NO2 NAAQS
(a) The 1-hour primary NO2 NAAQS is met
at a site when the valid 1-hour primary
standard design value is less than or equal to
[80–100] parts per billion (ppb).
(b) An NO2 1-hour primary standard design
value is valid if it encompasses three
consecutive calendar years of complete data.
A year meets data completeness requirements
when all 4 quarters are complete. A quarter
is complete when at least 75 percent of the
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sampling days for each quarter have
complete data. A sampling day has complete
data if 75 percent of the hourly concentration
values are reported.
(c) In the case of one, two, or three years
that do not meet the completeness
requirements of section 3.2(b) of this
appendix and thus would normally not be
useable for the calculation of a valid 3-year
1-hour primary standard design value, the
3-year 1-hour primary standard design value
shall nevertheless be considered valid if
either of the following conditions is true.
(i) If there are at least four days in each of
the 3 years that have at least one reported
hourly value, and the resulting
3-year 1-hour primary standard design value
exceeds the 1-hour primary NAAQS. In this
situation, more complete data capture could
not possibly have resulted in a design value
below the 1-hour primary NAAQS.
(ii)(A) A 1-hour primary standard design
value that is below the level of the NAAQS
can be validated if the substitution test in
section 3.2(c)(ii)(B) results in a ‘‘test design
value’’ that is below the level of the NAAQS.
The test substitutes actual ‘‘high’’ reported
daily maximum 1-hour values from the same
site at about the same time of the year
(specifically, in the calendar quarter) for
unknown values that were not successfully
measured. Note that the test is merely
diagnostic in nature, intended to confirm that
there is a very high likelihood that the
original design value (the one with less than
75 percent data capture of hours by day and
of days by quarter) reflects the true underNAAQS-level status for that 3-year period;
the result of this data substitution test (the
‘‘test design value,’’ as defined in section
3.2(c)(ii)(B)), is not considered the actual
design value. For this test, substitution is
permitted only if there are at least 200 days
across the three matching quarters of the
three years under consideration (which is
about 75 percent of all possible daily values
in those three quarters) for which 75 percent
of the hours in the day have reported
concentrations. However, maximum 1-hour
values from days with less than 75 percent
of the hours reported shall also be considered
in identifying the high value to be used for
substitution.
(B) The substitution test is as follows: Data
substitution will be performed in all quarter
periods that have less than 75 percent data
capture but at least 50 percent data capture;
if any quarter has less than 50 percent data
capture then this substitution test cannot be
used. Identify for each quarter (e.g., January–
March) the highest reported daily maximum
1-hour value for that quarter, looking across
those three months of all three years under
consideration. All daily maximum 1-hour
values from all days in the quarter period
shall be considered when identifying this
highest value, including days with less than
75 percent data capture. If after substituting
the highest reported daily maximum 1-hour
value for a quarter for as much of the missing
daily data in the matching deficient
quarter(s) as is needed to make them 100
percent complete, the procedure in section
5.2 yields a recalculated 3-year 1-hour
standard ‘‘test design value’’ below the level
of the standard, then the 1-hour primary
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standard design value is deemed to have
passed the diagnostic test and is valid, and
the level of the standard is deemed to have
been met in that 3-year period. As noted in
section 3.2(c)(i), in such a case, the 3-year
design value based on the data actually
reported, not the ‘‘test design value’’, shall be
used as the valid design value.
(d) A 1-hour primary standard design value
based on data that do not meet the
completeness criteria stated in section 3.2(b)
and also do not satisfy section 3.2(c), may
also be considered valid with the approval of,
or at the initiative of, the Administrator, who
may consider factors such as monitoring site
closures/moves, monitoring diligence, the
consistency and levels of the valid
concentration measurements that are
available, and nearby concentrations in
determining whether to use such data.
(e) The procedures for calculating the 1hour primary standard design values are
given in section 5.2 of this appendix.
5.2 Calculation Procedures for the 1-Hour
Primary NO2 NAAQS
(a) When the data for a particular site and
year meet the data completeness
requirements in section 3.2(b), or if one of the
conditions of section 3.2(c) is met, or if the
Administrator exercises the discretionary
authority in section 3.2(d), calculation of the
4th highest daily 1-hour maximum is
accomplished as follows.
(i) For each year, select from each day the
highest hourly value. All daily maximum 1hour values from all days in the quarter
period shall be considered at this step,
including days with less than 75 percent data
capture.
(ii) For each year, order these daily values
and take the 4th highest.
(iii) The 1-hour primary standard design
value for a site is mean of the three annual
4th highest values, rounded according to the
conventions in section 4.2.
4. Rounding Conventions
Appendix S to Part 50—Interpretation
of the Primary National Ambient Air
Quality Standards for Oxides of
Nitrogen (Nitrogen Dioxide) (1-Hour
Primary Standard Based on the 99th
Percentile Form)
4.1 Rounding Conventions for the Annual
Primary NO2 NAAQS
(a) Hourly NO2 measurement data shall be
reported to AQS in units of parts per billion
(ppb), to at most one place after the decimal,
with additional digits to the right being
truncated with no further rounding.
(b) The annual primary standard design
value is calculated pursuant to section 5.1
and then rounded to the nearest whole
number or 1 ppb (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).
4.2 Rounding Conventions for the 1-Hour
Primary NO2 NAAQS
(a) Hourly NO2 measurement data shall be
reported to AQS in units of parts per billion
(ppb), to at most one place after the decimal,
with additional digits to the right being
truncated with no further rounding.
(b) Daily maximum 1-hour values,
including the annual 4th highest of those
daily values, are not rounded.
(c) The 1-hour primary standard design
value is calculated pursuant to section 5.2
and then rounded to the nearest whole
number or 1 ppb (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).
5. Calculation Procedures for the Primary
NO2 NAAQS
srobinson on DSKHWCL6B1PROD with PROPOSALS2
5.1 Calculation Procedures for the Annual
Primary NO2 NAAQS
(a) When the data for a site and year meet
the data completeness requirements in
section 3.1(b) of this appendix, or if the
Administrator exercises the discretionary
authority in section 3.1(c), the annual mean
is simply the arithmetic average of all of the
reported 1-hour values.
(b) The annual primary standard design
value for a site is the valid annual mean
rounded according to the conventions in
section 4.1.
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Option 2 for Appendix S to Part 50:
1. General
(a) This appendix explains the data
handling conventions and computations
necessary for determining when the primary
national ambient air quality standards for
oxides of nitrogen as measured by nitrogen
dioxide (‘‘NO2 NAAQS’’) specified in § 50.11
are met. Nitrogen dioxide (NO2) is measured
in the ambient air by a Federal reference
method (FRM) based on appendix F to this
part or by a Federal equivalent method (FEM)
designated in accordance with part 53 of this
chapter. Data handling and computation
procedures to be used in making
comparisons between reported NO2
concentrations and the levels of the NO2
NAAQS are specified in the following
sections.
(b) Whether to exclude, retain, or make
adjustments to the data affected by
exceptional events, including natural events,
is determined by the requirements and
process deadlines specified in §§ 50.1, 50.14
and 51.930 of this chapter.
(c) The terms used in this appendix are
defined as follows:
Annual mean refers to the annual average
of all of the 1-hour concentration values as
defined in section 5.1 of this appendix.
Daily maximum 1-hour values for NO2
refers to the maximum 1-hour NO2
concentration values measured from
midnight to midnight (local standard time)
that are used in NAAQS computations.
Design values are the metrics (i.e.,
statistics) that are compared to the NAAQS
levels to determine compliance, calculated as
specified in section 5 of this appendix. The
design values for the primary NAAQS are:
(1) The annual mean value for a monitoring
site for one year (referred to as the ‘‘annual
primary standard design value’’).
(2) The 3-year average of annual 99th
percentile daily maximum 1-hour values for
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34461
a monitoring site (referred to as the ‘‘1-hour
primary standard design value’’).
99th percentile daily maximum 1-hour
value is the value below which nominally 99
percent of all daily maximum 1-hour
concentration values fall, using the ranking
and selection method specified in section 5.2
of this appendix.
Quarter refers to a calendar quarter.
Year refers to a calendar year.
2. Requirements for Data Used for
Comparisons With the NO2 NAAQS and
Data Reporting Considerations
(a) All valid FRM/FEM NO2 hourly data
required to be submitted to EPA’s Air Quality
System (AQS), or otherwise available to EPA,
meeting the requirements of part 58 of this
chapter including appendices A, C, and E
shall be used in design value calculations.
Multi-hour average concentration values
collected by wet chemistry methods shall not
be used.
(b) When two or more NO2 monitors are
operated at a site, the state may in advance
designate one of them as the primary
monitor. If the state has not made this
designation, the Administrator will make the
designation, either in advance or
retrospectively. Design values will be
developed using only the data from the
primary monitor, if this results in a valid
design value. If data from the primary
monitor do not allow the development of a
valid design value, data solely from the other
monitor(s) will be used in turn to develop a
valid design value, if this results in a valid
design value. If there are three or more
monitors, the order for such comparison of
the other monitors will be determined by the
Administrator. The Administrator may
combine data from different monitors in
different years for the purpose of developing
a valid 1-hour primary standard design value,
if a valid design value cannot be developed
solely with the data from a single monitor.
However, data from two or more monitors in
the same year at the same site will not be
combined in an attempt to meet data
completeness requirements, except if one
monitor has physically replaced another
instrument permanently, in which case the
two instruments will be considered to be the
same monitor, or if the state has switched the
designation of the primary monitor from one
instrument to another during the year.
(c) Hourly NO2 measurement data shall be
reported to AQS in units of parts per billion
(ppb), to at most one place after the decimal,
with additional digits to the right being
truncated with no further rounding.
3. Comparisons With the NO2 NAAQS
3.1 The Annual Primary NO2 NAAQS
(a) The annual primary NO2 NAAQS is met
at a site when the valid annual primary
standard design value is less than or equal to
53 parts per billion (ppb).
(b) An annual primary standard design
value is valid when at least 75 percent of the
hours in the year are reported.
(c) An annual primary standard design
value based on data that do not meet the
completeness criteria stated in section 3.1(b)
may also be considered valid with the
approval of, or at the initiative of, the
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srobinson on DSKHWCL6B1PROD with PROPOSALS2
Administrator, who may consider factors
such as monitoring site closures/moves,
monitoring diligence, the consistency and
levels of the valid concentration
measurements that are available, and nearby
concentrations in determining whether to use
such data.
(d) The procedures for calculating the
annual primary standard design values are
given in section 5.1 of this appendix.
3.2 The 1-Hour Primary NO2 NAAQS
(a) The 1-hour primary NO2 NAAQS is met
at a site when the valid 1-hour primary
standard design value is less than or equal to
[80–100] parts per billion (ppb).
(b) An NO2 1-hour primary standard design
value is valid if it encompasses three
consecutive calendar years of complete data.
A year meets data completeness requirements
when all 4 quarters are complete. A quarter
is complete when at least 75 percent of the
sampling days for each quarter have
complete data. A sampling day has complete
data if 75 percent of the hourly concentration
values are reported.
(c) In the case of one, two, or three years
that do not meet the completeness
requirements of section 3.2(b) of this
appendix and thus would normally not be
useable for the calculation of a valid 3-year
1-hour primary standard design value, the
3-year 1-hour primary standard design value
shall nevertheless be considered valid if one
of the following conditions is true.
(i) At least 75 percent of the days in each
quarter of each of three consecutive years
have at least one reported hourly value, and
the design value calculated according to the
procedures specified in section 5.2 is above
the level of the primary 1-hour standard.
(ii)(A) A 1-hour primary standard design
value that is below the level of the NAAQS
can be validated if the substitution test in
section 3.2(c)(ii)(B) results in a ‘‘test design
value’’ that is below the level of the NAAQS.
The test substitutes actual ‘‘high’’ reported
daily maximum 1-hour values from the same
site at about the same time of the year
(specifically, in the same calendar quarter)
for unknown values that were not
successfully measured. Note that the test is
merely diagnostic in nature, intended to
confirm that there is a very high likelihood
that the original design value (the one with
less than 75 percent data capture of hours by
day and of days by quarter) reflects the true
under-NAAQS-level status for that 3-year
period; the result of this data substitution test
(the ‘‘test design value’’, as defined in section
3.2(c)(ii)(B)) is not considered the actual
design value. For this test, substitution is
permitted only if there are at least 200 days
across the three matching quarters of the
three years under consideration (which is
about 75 percent of all possible daily values
in those three quarters) for which 75 percent
of the hours in the day have reported
concentrations. However, maximum 1-hour
values from days with less than 75 percent
of the hours reported shall also be considered
in identifying the high value to be used for
substitution.
(B) The substitution test is as follows: Data
substitution will be performed in all quarter
periods that have less than 75 percent data
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15:31 Jul 14, 2009
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capture but at least 50 percent data capture;
if any quarter has less than 50 percent data
capture then this substitution test cannot be
used. Identify for each quarter (e.g., January–
March) the highest reported daily maximum
1-hour value for that quarter, looking across
those three months of all three years under
consideration. All daily maximum 1-hour
values from all days in the quarter period
shall be considered when identifying this
highest value, including days with less than
75 percent data capture. If after substituting
the highest reported daily maximum 1-hour
value for a quarter for as much of the missing
daily data in the matching deficient
quarter(s) as is needed to make them 100
percent complete, the procedure in section
5.2 yields a recalculated 3-year 1-hour
standard ‘‘test design value’’ below the level
of the standard, then the 1-hour primary
standard design value is deemed to have
passed the diagnostic test and is valid, and
the level of the standard is deemed to have
been met in that 3-year period. As noted in
section 3.2(c)(i), in such a case, the 3-year
design value based on the data actually
reported, not the ‘‘test design value’’, shall be
used as the valid design value.
(iii)(A) A 1-hour primary standard design
value that is above the level of the NAAQS
can be validated if the substitution test in
section 3.2(c)(iii)(B) results in a ‘‘test design
value’’ that is above the level of the NAAQS.
The test substitutes actual ‘‘low’’ reported
daily maximum 1-hour values from the same
site at about the same time of the year
(specifically, in the same three months of the
calendar) for unknown values that were not
successfully measured. Note that the test is
merely diagnostic in nature, intended to
confirm that there is a very high likelihood
that the original design value (the one with
less than 75 percent data capture of hours by
day and of days by quarter) reflects the true
above-NAAQS-level status for that 3-year
period; the result of this data substitution test
(the ‘‘test design value,’’ as defined in section
3.2(c)(iii)(B)) is not considered the actual
design value. For this test, substitution is
permitted only if there are a minimum
number of available daily data points from
which to identify the low quarter-specific
daily maximum 1-hour values, specifically if
there are at least 200 days across the three
matching quarters of the three years under
consideration (which is about 75 percent of
all possible daily values in those three
quarters) for which 75 percent of the hours
in the day have reported concentrations.
Only days with at least 75 percent of the
hours reported shall be considered in
identifying the low value to be used for
substitution.
(B) The substitution test is as follows: Data
substitution will be performed in all quarter
periods that have less than 75 percent data
capture. Identify for each quarter (e.g.,
January–March) the lowest reported daily
maximum 1-hour value for that quarter,
looking across those three months of all three
years under consideration. All daily
maximum 1-hour values from all days with
at least 75 percent capture in the quarter
period shall be considered when identifying
this lowest value. If after substituting the
lowest reported daily maximum 1-hour value
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for a quarter for as much of the missing daily
data in the matching deficient quarter(s) as is
needed to make them 75 percent complete,
the procedure in section 5.2 yields a
recalculated 3-year 1-hour standard ‘‘test
design value’’ above the level of the standard,
then the 1-hour primary standard design
value is deemed to have passed the
diagnostic test and is valid, and the level of
the standard is deemed to have been
exceeded in that 3-year period. As noted in
section 3.2(c)(i), in such a case, the 3-year
design value based on the data actually
reported, not the ‘‘test design value’’, shall be
used as the valid design value.
(d) A 1-hour primary standard design value
based on data that do not meet the
completeness criteria stated in 3.2(b) and also
do not satisfy section 3.2(c), may also be
considered valid with the approval of, or at
the initiative of, the Administrator, who may
consider factors such as monitoring site
closures/moves, monitoring diligence, the
consistency and levels of the valid
concentration measurements that are
available, and nearby concentrations in
determining whether to use such data.
(e) The procedures for calculating the 1hour primary standard design values are
given in section 5.2 of this appendix.
4. Rounding Conventions
4.1 Rounding Conventions for the Annual
Primary NO2 NAAQS
(a) Hourly NO2 measurement data shall be
reported to AQS in units of parts per billion
(ppb), to at most one place after the decimal,
with additional digits to the right being
truncated with no further rounding.
(b) The annual primary standard design
value is calculated pursuant to section 5.1
and then rounded to the nearest whole
number or 1 ppb (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).
4.2 Rounding Conventions for the 1-Hour
Primary NO2 NAAQS
(a) Hourly NO2 measurement data shall be
reported to AQS in units of parts per billion
(ppb), to at most one place after the decimal,
with additional digits to the right being
truncated with no further rounding.
(b) Daily maximum 1-hour values and
therefore the annual 4th highest of those
daily values are not rounded.
(c) The 1-hour primary standard design
value is calculated pursuant to section 5.2
and then rounded to the nearest whole
number or 1 ppb (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).
5. Calculation Procedures for the Primary
NO2 NAAQS
5.1 Procedures for the Annual Primary NO2
NAAQS
(a) When the data for a site and year meet
the data completeness requirements in
section 3.1(b) of this appendix, or if the
Administrator exercises the discretionary
authority in section 3.1(c), the annual mean
is simply the arithmetic average of all of the
reported 1-hour values.
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(b) The annual primary standard design
value for a site is the valid annual mean
rounded according to the conventions in
section 4.1.
5.2 Calculation Procedures for the 1-Hour
Primary NO2 NAAQS
(a) Procedure for identifying annual 99th
percentile values. When the data for a
particular site and year meet the data
completeness requirements in section 3.2(b),
or if one of the conditions of section 3.2(c)
is met, or if the Administrator exercises the
discretionary authority in section 3.2(d),
identification of annual 99th percentile
values will be based on the number of days
with at least 75 percent of the hourly values
reported.
(i) For the year, from only the days with
at least 75 percent of the hourly values
reported, select from each day the highest
hourly value.
(ii) Sort all the valid daily values from a
particular site and year by descending value.
(For example: (x[1], x[2], x[3], * * *, x[n]).
In this case, x[1] is the largest number and
x[n] is the smallest value.) The 99th
percentile is determined from this sorted
series of daily values which is ordered from
the highest to the lowest number. Using the
left column of Table 1, determine the
appropriate range (i.e., row) for the annual
number of days with valid data for year y
(cny). The corresponding ‘‘n’’ value in the
right column identifies the rank of the annual
99th percentile value in the descending
sorted list of daily site values for year y.
Thus, P0.99, y= the nth largest value.
AADT means the annual average daily
traffic.
*
*
*
*
*
Near-road NO2 Monitor means any
NO2 monitor meeting the specifications
in 4.3.2 of Appendix D and paragraphs
2, 4(b), 6.1, and 6.4 of Appendix E of
this part.
*
*
*
*
*
Subpart B [AMENDED]
7. Section 58.10, is amended by
adding paragraphs (a)(5) and (b)(12) to
read as follows:
§ 58.10 Annual monitoring network plan
and periodic network assessment.
(a) * * *
(5) A plan for establishing NO2
monitoring sites in accordance with the
requirements of appendix D to this part
shall be submitted to the Administrator
by July 1, 2011. The plan shall provide
for all required stations to be
operational by January 1, 2013.
*
*
*
*
*
(b) * * *
(12) The identification of required
NO2 monitors as either near-road or
area-wide sites in accordance with
Appendix D, Section 4.3 of this part.
*
*
*
*
*
8. Section 58.13 is amended by
adding paragraph (c) to read as follows:
2.3.1.5 Measurement Uncertainty for
NO2. The goal for acceptable measurement
uncertainty is defined for precision as an
upper 90 percent confidence limit for the
coefficient of variation (CV) of 15 percent and
for bias as an upper 95 percent confidence
limit for the absolute bias of 15 percent.
*
Monitoring network completion.
*
1–100 ................................
101–200 ............................
201–300 ............................
301–366 ............................
*
*
*
*
P0.99, y is the nth
(c) The network of NO2 monitors must
maximum value
be physically established no later than
of the year,
January 1, 2013, and at that time, must
where n is the
be operating under all of the
listed number
requirements of this part, including the
1 requirements of appendices A, C, D, E,
2 and G to this part.
3
9. Section 58.16 is amended by
4
revising paragraph (a) to read as follows:
(b) The 1-hour primary standard design
value for a site is mean of the three annual
4th highest values, rounded according to the
conventions in section 4.2.
PART 58—AMBIENT AIR QUALITY
SURVEILLANCE
5. The authority citation for part 58
continues to read as follows:
srobinson on DSKHWCL6B1PROD with PROPOSALS2
Authority: 42 U.S.C. 7403, 7410, 7601(a),
7611, and 7619.
Subpart A [AMENDED]
6. Section 58.1 is amended by adding
definitions for ‘‘AADP’’ and ‘‘Near-road
NO2 Monitor’’ in alphabetical order to
read as follows:
§ 58.1
*
Definitions.
*
*
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*
*
15:31 Jul 14, 2009
Jkt 217001
temperature and average daily pressure
for Pb sites if not already reported from
sampler generated records; and
metadata records and information
specified by the AQS Data Coding
Manual (https://www.epa.gov/ttn/airs/
airsaqs/manuals/manuals.htm). The
State, or where appropriate, local
agency, may report site specific
meteorological measurements generated
by onsite equipment (meteorological
instruments, or sampler generated) or
measurements from the nearest airport
reporting ambient pressure and
temperature. Such air quality data and
information must be submitted directly
to the AQS via electronic transmission
on the specified quarterly schedule
described in paragraph (b) of this
section.
*
*
*
*
*
10. Appendix A to Part 58 is amended
as by adding section 2.3.1.5 to read as
follows:
§ 58.13
TABLE 1—TO SECTION 5.2(A)(II)
Annual number of days
with valid data for year ‘‘y’’
(cny)
34463
§ 58.16 Data submittal and archiving
requirements.
(a) The State, or where appropriate,
local agency, shall report to the
Administrator, via AQS all ambient air
quality data and associated quality
assurance data for SO2; CO; O3; NO2;
NO; NOY; NOX; Pb-TSP mass
concentration; Pb-PM10 mass
concentration; PM10 mass concentration;
PM2.5 mass concentration; for filterbased PM2.5FRM/FEM the field blank
mass, sampler-generated average daily
temperature, and sampler-generated
average daily pressure; chemically
speciated PM2.5 mass concentration
data; PM10–2.5 mass concentration;
chemically speciated PM10–2.5 mass
concentration data; meteorological data
from NCore, PAMS, and near-road NO2
monitoring sites; average daily
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Appendix A to Part 58—Quality
Assurance Requirements for SLAMS,
SPMs and PSD Air Monitoring
*
*
*
*
*
*
*
*
*
11. Appendix C to Part 58 is amended
as by adding section 2.1.1 to read as
follows:
Appendix C to Part 58—Ambient Air
Quality Monitoring Methodology
*
*
*
*
*
2.1.1 Any NO2 FRM or FEM used for
making primary NAAQS decisions must be
capable of providing hourly averaged
concentration data.
*
*
*
*
*
12. Appendix D to Part 58 is amended
by revising section 4.3 to read as
follows:
Appendix D to Part 58—Network
Design Criteria for Ambient Air Quality
Monitoring
*
*
*
*
*
4.3 Nitrogen Dioxide (NO2) Design Criteria
4.3.1 General Requirements. (a) State and,
where appropriate, local agencies must
operate a minimum number of required NO2
monitoring sites as described below.
4.3.2 Requirement for Near-road NO2
Monitors. (a) Within the NO2 network, there
must be one microscale near-road NO2
monitoring station in each CBSA with a
population of 350,000 or more persons to
monitor a location of expected maximum
hourly concentrations sited near a major road
with high AADT counts as specified in
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paragraph 4.3.2(a)(1) of this appendix. An
additional near-road NO2 monitoring station
is required for any CBSA with a population
of 2,500,000 persons or more, or in any CBSA
with a population of 350,000 or more persons
that has one or more roadway segments with
250,000 or greater AADT counts to monitor
a second location of expected maximum
hourly concentrations. CBSA populations
shall be based on the latest available census
figures.
(1) The near-road NO2 monitoring stations
shall be selected by ranking all road segments
within a CBSA by AADT and then
identifying a location or locations adjacent to
those highest ranked road segments where
maximum hourly NO2 concentrations are
expected to be highest and siting criteria can
be met in accordance with appendix E of this
part. Where a state or local air monitoring
agency identifies multiple acceptable
candidate sites where maximum hourly NO2
concentrations are expected to occur, the
monitoring agency should consider taking
into account the potential for population
exposure in the criteria utilized to select the
final site location. Where one CBSA is
required to have two near-road NO2
monitoring stations, the sites shall be
differentiated from each other by one or more
of the following factors: fleet mix; congestion
patterns; terrain; geographic area within the
CBSA; or different route, interstate, or
freeway designation.
(b) Measurements at required near-road
NO2 monitor sites must include at a
minimum: NO, NO2, NOX, wind vector data
in the horizontal and vertical planes, ambient
temperature, and ambient relative humidity.
4.3.3 Requirement for Area-wide NO2
Monitoring. (a) Within the NO2 network,
there must be one monitoring station in each
CBSA with a population of 1,000,000 or more
persons to monitor a location of expected
highest NO2 concentrations representing the
neighborhood or larger spatial scales. PAMS
sites collecting NO2 data that are situated in
an area of expected high NO2 concentrations
at the neighborhood or larger spatial scale
may be used to satisfy this minimum
monitoring requirement when the NO2
monitor is operated year round. Emission
inventories and meteorological analysis
should be used to identify the appropriate
locations within a CBSA for locating required
area-wide NO2 monitoring stations. CBSA
populations shall be based on the latest
available census figures.
4.3.4 Regional Administrator Required
Monitoring. (a) The Regional Administrator
may require additional NO2 monitoring
stations above the minimum requirements to
monitor in locations away from roads, or
sites that do not meet near-road NO2 monitor
siting criteria noted in appendix E of this
part, where required near-road monitors do
not represent a location or locations where
the expected maximum hourly NO2
concentrations exist in a CBSA. The Regional
Administrator may also require additional
near-road NO2 monitoring stations above the
minimum required in situations where the
minimum monitoring requirements are not
sufficient to meet monitoring objectives, and
may consider additional locations of
expected high NO2 concentrations and the
VerDate Nov<24>2008
15:31 Jul 14, 2009
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variety of exposure potential due to increased
variety in amount or types of fleet mix,
congestion patterns, terrain, or geographic
areas within a CBSA. The Regional
Administrator and the responsible State or
local air monitoring agency should work
together to design and/or maintain the most
appropriate NO2 network to service the
variety of data needs for an area.
(b) The Regional Administrator may
require additional NO2 monitoring stations
for area-wide NO2 monitors at the
neighborhood and larger spatial scales above
the minimum monitoring requirements
where the minimum monitoring
requirements are not sufficient to meet
monitoring objectives for an area, such as
supporting photochemical pollutant
assessment, air quality forecasting, PM
precursor analysis, and characterizing
impacts of NO2 sources on certain
communities. The Regional Administrator
and the responsible State or local air
monitoring agency should work together to
design and/or maintain the most appropriate
NO2 network to service the variety of data
needs for an area.
4.3.5 NO2 Monitoring Spatial Scales. (a)
The most important spatial scale for nearroad NO2 monitoring stations to effectively
characterize the maximum expected hourly
NO2 concentration due to mobile source
emissions on major roadways is the
microscale. The most important spatial scales
for other monitoring stations characterizing
maximum expected hourly NO2
concentrations are the microscale and middle
scale. The most important spatial scale for
area-wide monitoring of high NO2
concentrations is the neighborhood scale.
(1) Microscale—This scale would typify
areas in close proximity to major roadways
or point and area sources. Emissions from
roadways result in high ground level NO2
concentrations at the microscale, where
concentration gradients generally exhibit a
marked decrease with increasing downwind
distance from major roads. As noted in
appendix E of this part, near-road NO2
monitoring stations are required to be within
50 meters of target road segments in order to
measure expected peak concentrations.
Emissions from stationary point and area
sources, and non-road sources may, under
certain plume conditions, result in high
ground level concentrations at the
microscale. The microscale typically
represents an area impacted by the plume
with dimensions extending up to
approximately 100 meters.
(2) Middle scale—This scale generally
represents air quality levels in areas up to
several city blocks in size with dimensions
on the order of approximately 100 meters to
500 meters. The middle scale may include
locations of expected maximum hourly
concentrations due to proximity to major
NO2 point, area, and/or non-road sources.
(3) Neighborhood scale—The
neighborhood scale would characterize air
quality conditions throughout some
relatively uniform land use areas with
dimensions in the 0.5 to 4.0 kilometer range.
Emissions from stationary point and area
sources may, under certain plume
conditions, result in high NO2 concentrations
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Fmt 4701
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at the neighborhood scale. Where a
neighborhood site is located away from
immediate NO2 sources, the site may be
useful in representing typical air quality
values for a larger residential area, and
therefore suitable for population exposure
and trends analyses.
(4) Urban scale—Measurements in this
scale would be used to estimate
concentrations over large portions of an
urban area with dimensions from 4 to 50
kilometers. Such measurements would be
useful for assessing trends in area-wide air
quality, and hence, the effectiveness of largescale air pollution control strategies. Urban
scale sites may also support other monitoring
objectives of the NO2 monitoring network
identified in paragraph 4.3.4 above.
4.3.6 NOy Monitoring. (a) NO/NOy
measurements are included within the NCore
multipollutant site requirements and the
PAMS program. These NO/NOy
measurements will produce conservative
estimates for NO2 that can be used to ensure
tracking continued compliance with the NO2
NAAQS. NO/NOy monitors are used at these
sites because it is important to collect data
on total reactive nitrogen species for
understanding O3 photochemistry.
*
*
*
*
*
13. Section Appendix E to part 58 is
amended as follows:
a. By revising section 2.
b. By adding paragraph (d) to section
4.
c. By revising section 6.1.
d. By adding section 6.4.
e. By revising section 11 including
Table E–4.
Appendix E to Part 58—Probe and
Monitoring Path Siting Criteria for
Ambient Air Quality Monitoring
*
*
*
*
*
2. Horizontal and Vertical Placement
The probe or at least 80 percent of the
monitoring path must be located between 2
and 15 meters above ground level for all
ozone and sulfur dioxide monitoring sites,
and for neighborhood or larger spatial scale
Pb, PM10, PM10–2.5, PM2.5, NO2 and carbon
monoxide sites. Middle scale PM10–2.5 sites
are required to have sampler inlets between
2 and 7 meters above ground level.
Microscale Pb, PM10, PM10–2.5 and PM2.5 sites
are required to have sampler inlets between
2 and 7 meters above ground level.
Microscale near-road NO2 monitoring sites
are required to have sampler inlets between
2 and 7 meters above ground level. The inlet
probes for microscale carbon monoxide
monitors that are being used to measure
concentrations near roadways must be 3±1⁄2
meters above ground level. The probe or at
least 90 percent of the monitoring path must
be at least 1 meter vertically or horizontally
away from any supporting structure, walls,
parapets, penthouses, etc., and away from
dusty or dirty areas. If the probe or a
significant portion of the monitoring path is
located near the side of a building or wall,
then it should be located on the windward
side of the building relative to the prevailing
wind direction during the season of highest
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concentration potential for the pollutant
being measured.
*
4.
*
*
*
*
*
Spacing From Obstructions
*
*
*
*
(d) For near-road NO2 monitoring stations,
the monitor probe shall have an unobstructed
air flow, where no obstacles exist at or above
the height of the monitor probe, between the
monitor probe and the outside nearest edge
of the traffic lanes of the target road segment.
*
*
*
*
*
6. * * *
6.1 Spacing for Ozone Probes and
Monitoring Paths. In siting an O3 analyzer, it
is important to minimize destructive
interferences form sources of NO, since NO
readily reacts with O3. Table E–1 of this
appendix provides the required minimum
separation distances between a roadway and
a probe or, where applicable, at least 90
percent of a monitoring path for various
ranges of daily roadway traffic. A sampling
site having a point analyzer probe located
closer to a roadway than allowed by the
Table E–1 requirements should be classified
as microscale or middle scale, rather than
neighborhood or urban scale, since the
measurements from such a site would more
closely represent the middle scale. If an open
path analyzer is used at a site, the monitoring
path(s) must not cross over a roadway with
an average daily traffic count of 10,000
vehicles per day or more. For those situations
where a monitoring path crosses a roadway
with fewer than 10,000 vehicles per day,
monitoring agencies must consider the entire
segment of the monitoring path in the area
of potential atmospheric interference from
automobile emissions. Therefore, this
calculation must include the length of the
monitoring path over the roadway plus any
segments of the monitoring path that lie in
the area between the roadway and minimum
separation distance, as determined from
Table E–1 of this appendix. The sum of these
distances must not be greater than 10 percent
of the total monitoring path length.
*
*
*
*
*
6.4 Spacing for Nitrogen Dioxide (NO2)
Probes and Monitoring Paths (a) In siting
near-road NO2 monitors as required in
paragraph 4.3.2 of appendix D of this part,
the monitor probe shall be as near as
practicable to the outside nearest edge of the
traffic lanes of the target road segment; but
shall not be located at a distance greater than
50 meters, in the horizontal, from the outside
nearest edge of the traffic lanes of the target
road segment.
(b) In siting NO2 monitors for
neighborhood and larger scale monitoring, it
is important to minimize near-road
influences. Table E–1 of this appendix
provides the required minimum separation
distances between a roadway and a probe or,
where applicable, at least 90 percent of a
monitoring path for various ranges of daily
roadway traffic. A sampling site having a
point analyzer probe located closer to a
roadway than allowed by the Table E–1
requirements should be classified as
microscale or middle scale rather than
neighborhood or urban scale. If an open path
analyzer is used at a site, the monitoring
path(s) must not cross over a roadway with
an average daily traffic count of 10,000
34465
vehicles per day or more. For those situations
where a monitoring path crosses a roadway
with fewer than 10,000 vehicles per day,
monitoring agencies must consider the entire
segment of the monitoring path in the area
of potential atmospheric interference form
automobile emissions. Therefore, this
calculation must include the length of the
monitoring path over the roadway plus any
segments of the monitoring path that lie in
the area between the roadway and minimum
separation distance, as determined from
Table E–1 of this appendix. The sum of these
distances must not be greater than 10 percent
of the total monitoring path length.
*
*
*
*
*
11. Summary
Table E–4 of this appendix presents a
summary of the general requirements for
probe and monitoring path siting criteria
with respect to distances and heights. It is
apparent from Table E–4 that different
elevation distances above the ground are
shown for the various pollutants. The
discussion in this appendix for each of the
pollutants describes reasons for elevating the
monitor, probe, or monitoring path. The
differences in the specified range of heights
are based on the vertical concentration
gradients. For CO and near-road NO2
monitors, the gradients in the vertical
direction are very large for the microscale, so
a small range of heights are used. The upper
limit of 15 meters is specified for the
consistency between pollutants and to allow
the use of a single manifold or monitoring
path for monitoring more than one pollutant.
TABLE E–4 OF APPENDIX E TO PART 58—SUMMARY OF PROBE AND MONITORING PATH SITING CRITERIA
Height from
ground to
probe, inlet or
80% of monitoring path 1
Horizontal and
vertical distance
from supporting
structures 2 to
probe, inlet or
90% of monitoring path 1
(meters)
Distance from
trees to probe,
inlet or 90% of
monitoring
path 1 (meters)
Distance from roadways to
probe, inlet or monitoring path 1
(meters)
Pollutant
Scale (maximum monitoring path
length, meters)
SO2 3, 4, 5, 6 ...........
Middle (300 m) Neighborhood
Urban, and Regional (1 km).
Micro, middle (300 m) Neighborhood (1 km).
2–15 .................
> 1 ....................
> 10 ..................
N/A.
31⁄2: 2–15 .........
> 1 ....................
> 10 ..................
Middle (300 m) Neighborhood,
Urban, and Regional (1 km).
Micro (Near-road [50–300]) ........
2–15 .................
> 1 ....................
> 10 ..................
2–7 (micro) .......
> 1 ....................
> 10 ..................
2–10; see Table E–2 of this appendix for middle and neighborhood scales.
See Table E–1 of this appendix
for all scales.
≤ 50 meters for near-road
microscale.
Middle (300m) ............................
2–15 (all other
scales).
CO 4, 5, 7 ...............
O3 3, 4, 5 ................
NO2 3,4,5 ..............
srobinson on DSKHWCL6B1PROD with PROPOSALS2
Neighborhood, Urban, and Regional (1 km).
Neighborhood and Urban (1 km)
Ozone precursors
(for PAMS) 3, 4, 5.
PM,Pb 3, 4, 5, 6, 8 .... Micro: Middle, Neighborhood,
Urban and Regional.
2–15 .................
> 1 ....................
> 10 ..................
2–7 (micro); 2–7
(middle
PM10–2.5); 2–
15 (all other
scales).
> 2 (all scales,
horizontal distance only).
> 10 (all scales)
See Table E–1 of this appendix
for all other scales.
See Table E–4 of this appendix
for all scales.
2–10 (micro); see Figure E–1 of
this appendix for all other
scales.
N/A—Not applicable.
1 Monitoring path for open path analyzers is applicable only to middle or neighborhood scale CO monitoring, middle, neighborhood, urban, and
regional scale NO2 monitoring, and all applicable scales for monitoring SO2,O3, and O3 precursors.
2 When probe is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on roof.
3 Should be > 20 meters from the dripline of tree(s) and must be 10 meters from the dripline when the tree(s) act as an obstruction.
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4 Distance from sampler, probe, or 90% of monitoring path to obstacle, such as a building, must be at least twice the height the obstacle protrudes above the sampler, probe, or monitoring path. Sites not meeting this criterion may be classified as middle scale (see text).
5 Must have unrestricted airflow 270 degrees around the probe or sampler; 180 degrees if the probe is on the side of a building or a wall.
6 The probe, sampler, or monitoring path should be away from minor sources, such as furnace or incineration flues. The separation distance is
dependent on the height of the minor source’s emission point (such as a flue), the type of fuel or waste burned, and the quality of the fuel (sulfur,
ash, or lead content). This criterion is designed to avoid undue influences from minor sources.
7 For microscale CO monitoring sites, the probe must be > 10 meters from a street intersection and preferably at a midblock location.
8 Collocated monitors must be within 4 meters of each other and at least 2 meters apart for flow rates greater than 200 liters/min or at least 1
meter apart for samplers having flow rates less than 200 liters/min to preclude airflow interference.
*
*
*
*
*
14. Appendix G to Part 58 is amended
by revising section 9 and table 2 to read
as follows:
Appendix G to Part 58—Uniform Air
Quality Index (AQI) and Daily
Reporting
*
*
*
*
*
9. How Does the AQI Relate to Air Pollution
Levels?
For each pollutant, the AQI transforms
ambient concentrations to a scale from 0 to
500. The AQI is keyed as appropriate to the
national ambient air quality standards
(NAAQS) for each pollutant. In most cases,
the index value of 100 is associated with the
numerical level of the short-term (i.e.,
averaging time of 24-hours or less) standard
for each pollutant. The index value of 50 is
associated with one of the following: The
numerical level of the annual standard for a
pollutant, if there is one; one-half the level
of the short-term standard for the pollutant;
or the level at which it is appropriate to begin
to provide guidance on cautionary language.
Higher categories of the index are based on
increasingly serious health effects that affect
increasing proportions of the population. An
index value is calculated each day for each
pollutant (as described in section 12 of this
appendix), unless that pollutant is
specifically excluded (see section 8 of this
appendix). The pollutant with the highest
index value for the day is the ‘‘critical’’
pollutant, and must be included in the daily
AQI report. As a result, the AQI for any given
day is equal to the index value of the critical
pollutant for that day. For the purposes of
reporting the AQI, the indexes for PM10 and
PM2.5 are to be considered separately.
*
*
*
*
*
TABLE 2—BREAKPOINTS FOR THE AQI
These breakpoints
Equal these AQI’s
SO2
(ppm)
NO2 (ppm)
1-hour
0.0–4.4
0.000–0.034
55–154
4.5–9.4
0.035–0.144
40.5–65.4
155–254
9.5–12.4
0.145–0.224
0.165–0.204
3 65.5–150.4
255–354
12.5–15.4
0.225–0.304
0.205–0.404
3 150.5–
355–424
15.5–30.4
0.305–0.604
0–(0.040–
0.053)
(0.041–
0.054)–
(0.080–0.100)
(0.081–
0.101)–
(0.360–0.370)
(0.361–
0.371)–0.64
0.65–1.24
425–504
30.5–40.4
0.605–0.804
505–604
40.5–50.4
0.805–1.004
O3 (ppm)
8-hour
O3 (ppm)
1-hour1
0.000–0.059 ............................
..................
0.0–15.4
0–54
0.060–0.075 ............................
..................
15.5–40.4
0.076–0.095 ............................
0.125–0.164
0.096–0.115 ............................
0.116–0.374 ............................
(2)............... .............................
250.4
3 250.5–
350.4
3 350.5–
500.4
0.405–0.504
(2)............... .............................
PM2.5
(μg/m3)
0.505–0.604
PM10
(μg/m3)
CO (ppm)
AQI
0–50
51–100
Category
Good.
Moderate.
101–150
Unhealthy for Sensitive
Groups.
151–200
Unhealthy.
201–300
Very Unhealthy.
1.25–1.64
301–400
Hazardous.
1.65–2.04
401–500
Hazardous.
1 Areas are generally required to report the AQI based on 8-hour ozone values. However, there are a small number of areas where an AQI based on 1-hour ozone
values would be more precautionary. In these cases, in addition to calculating the 8-hour ozone index value, the 1-hour ozone index value may be calculated, and the
maximum of the two values reported.
2 8-hour O values do not define higher AQI values (≥301). AQI values of 301 or greater are calculated with 1-hour O concentrations.
3
3
3 If a different SHL for PM
2.5 is promulgated, these numbers will change accordingly.
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Agencies
[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Proposed Rules]
[Pages 34404-34466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15944]
[[Page 34403]]
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Part II
Environmental Protection Agency
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40 CFR Parts 50 and 58
Primary National Ambient Air Quality Standard for Nitrogen Dioxide;
Proposed Rule
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 /
Proposed Rules
[[Page 34404]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 50 and 58
[EPA-HQ-OAR-2006-0922; FRL-8926-3]
RIN 2060-AO19
Primary National Ambient Air Quality Standard for Nitrogen
Dioxide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Based on its review of the air quality criteria for oxides of
nitrogen and the primary national ambient air quality standard (NAAQS)
for oxides of nitrogen as measured by nitrogen dioxide
(NO2), EPA proposes to make revisions to the primary
NO2 NAAQS in order to provide requisite protection of public
health. Specifically, EPA proposes to supplement the current annual
standard by establishing a new short-term NO2 standard based
on the 3-year average of the 99th percentile (or 4th highest) of 1-hour
daily maximum concentrations. EPA proposes to set the level of this new
standard within the range of 80 to 100 ppb and solicits comment on
standard levels as low as 65 ppb and as high as 150 ppb. EPA also
proposes to establish requirements for an NO2 monitoring
network that will include monitors within 50 meters of major roadways.
In addition, EPA is soliciting comment on an alternative approach to
setting the standard and revising the monitoring network. Consistent
with the terms of a consent decree, the Administrator will sign a
notice of final rulemaking by January 22, 2010.
DATES: Comments must be received on or before September 14, 2009. Under
the Paperwork Reduction Act, comments on the information collection
provisions must be received by OMB on or before August 14, 2009.
Public Hearings: EPA intends to hold public hearings on this
proposed rule in August 2009 in Los Angeles, California and Arlington,
VA. These will be announced in a separate Federal Register notice that
provides details, including specific times and addresses, for these
hearings.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0922 by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: 202-566-9744
Mail: Docket No. EPA-HQ-OAR-2006-0922, Environmental
Protection Agency, Mail code 6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies.
Hand Delivery: Docket No. EPA-HQ-OAR-2006-0922,
Environmental Protection Agency, EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0922. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air and Radiation
Docket and Information Center, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744 and the telephone number for the Air and Radiation Docket and
Information Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Dr. Scott Jenkins, Health and
Environmental Impacts Division, Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Mail Code C504-06,
Research Triangle Park, NC 27711; telephone: 919-541-1167; fax: 919-
541-0237; e-mail: jenkins.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--the agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
[[Page 34405]]
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
Availability of Related Information
A number of the documents that are relevant to this rulemaking are
available through EPA's Office of Air Quality Planning and Standards
(OAQPS) Technology Transfer Network (TTN) Web site at https://www.epa.gov/ttn/naaqs/standards/nox/s_nox_index.html. These documents
include the Integrated Review Plan and the Health Assessment Plan,
available at https://www.epa.gov/ttn/naaqs/standards/nox/s_nox_cr_pd.html, the Integrated Science Assessment (ISA), available at https://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=194645, and the Risk and
Exposure Assessment (REA), available at https://www.epa.gov/ttn/naaqs/standards/nox/s_nox_cr_rea.html. These and other related documents
are also available for inspection and copying in the EPA docket
identified above.
Table of Contents
The following topics are discussed in this preamble:
I. Background
A. Legislative Requirements
B. Related NO2 Control Programs
C. Review of the Air Quality Criteria and Standards for Oxides
of Nitrogen
II. Rationale for Proposed Decisions on the Primary Standard
A. Characterization of NO2 Air Quality
1. Current Patterns of NO2 Air Quality
2. NO2 Air Quality and Gradients Around Roadways
B. Health Effects Information
1. Adverse Respiratory Effects and Short-Term Exposure to
NO2
a. Emergency Department Visits and Hospital Admissions
b. Respiratory Symptoms
c. Impaired Host Defense
d. Airway Response
e. Airway Inflammation
f. Lung Function
g. Conclusions From the ISA
2. Other Effects With Short-Term Exposure to NO2
a. Mortality
b. Cardiovascular Effects
3. Health Effects With Long-Term Exposure to NO2
a. Respiratory Morbidity
b. Mortality
c. Carcinogenic, Cardiovascular, and Reproductive/Developmental
Effects
4. NO2-Related Impacts on Public Health
a. Pre-Existing Disease
b. Age
c. Genetics
d. Gender
e. Proximity to Roadways
f. Socioeconomic Status
g. Size of the At-Risk Population
C. Human Exposure and Health Risk Characterization
1. Evidence Base for the Risk Characterization
2. Overview of Approaches
3. Key Limitations and Uncertainties
D. Considerations in Review of the Standard
1. Background on the Current Standard
2. Approach for Reviewing the Need to Retain or Revise the
Current Standard
E. Adequacy of the Current Standard
1. Evidence-Based Considerations
2. Exposure- and Risk-Based Considerations
3. Summary of Considerations From the REA
4. CASAC Views
5. Administrator's Conclusions Regarding Adequacy of the Current
Standard
F. Conclusions on the Elements of a New Short-Term Standard and
an Annual Standard
1. Indicator
2. Averaging Time
a. Short-Term Averaging Time
b. Long-Term Averaging Time
c. CASAC Views
d. Administrator's Conclusions on Averaging Time
3. Form
4. Level
a. Evidence-Based Considerations
b. Exposure- and Risk-Based Considerations
c. Summary of Consideration From the REA
d. CASAC Views
e. Administrator's Conclusions on Level for a 1-Hour Standard
f. Alternative Approach to Setting the 1-Hour Standard Level
g. Level of the Annual Standard
G. Summary of Proposed Decisions on the Primary Standard
III. Proposed Amendments to Ambient Monitoring and Reporting
Requirements
A. Monitoring Methods
B. Network Design
1. Background
2. Proposed Changes
a. Monitoring in Areas of Expected Maximum Concentrations Near
Major Roads
b. Area-Wide Monitoring at Neighborhood and Larger Spatial
Scales
3. Solicitation for Comment on an Alternative Network Design
C. Data Reporting
IV. Proposed Appendix S--Interpretation of the Primary NAAQS for
Oxides of Nitrogen and Proposed Revisions to the Exceptional Events
Rule
A. Background
B. Interpretation of the Primary NAAQS for Oxides of Nitrogen
1. Annual Primary Standard
2. 1-Hour Primary Standard Based on the Annual 4th Highest Daily
Value Form
3. 1-Hour Primary Standard Based on the Annual 99th Percentile
Value Form
C. Exceptional Events Information Submission Schedule
V. Clean Air Act Implementation Requirements
A. Designations
B. Classifications
C. Attainment Dates
1. Attaining the NAAQS
2. Consequences of Failing to Attain by the Statutory Attainment
Date
D. Section 110(a)(2) NAAQS Infrastructure Requirements
E. Attainment Planning Requirements
1. Nonattainment Area SIPs
2. New Source Review and Prevention of Significant Deterioration
Requirements
3. General Conformity
4. Transportation Conformity
VI. Communication of Public Health Information
VII. Statutory and Executive Order Reviews
References
I. Background
A. Legislative Requirements
Two sections of the Clean Air Act (Act or CAA) govern the
establishment and revision of the NAAQS. Section 108 of the Act directs
the Administrator to identify and list air pollutants that meet certain
criteria, including that the air pollutant ``in his judgment, cause[s]
or contribute[s] to air pollution which may reasonably be anticipated
to endanger public health and welfare'' and ``the presence of which in
the ambient air results from numerous or diverse mobile or stationary
sources.'' 42 U.S.C. 21 7408(a)(1)(A) & (B). For those air pollutants
listed, section 108 requires the Administrator to issue air quality
criteria that ``accurately reflect the latest scientific knowledge
useful in indicating the kind and extent of all identifiable effects on
public health or welfare which may be expected from the presence of [a]
pollutant in ambient air * * *'' 42 U.S.C. 7408(2).
Section 109(a) of the Act directs the Administrator to promulgate
``primary'' and ``secondary'' NAAQS for pollutants for which air
quality criteria have been issued. 42 U.S.C. 7409(1). Section 109(b)(1)
defines a primary standard as one ``the attainment and maintenance of
which in the judgment of the Administrator, based on [the air quality]
criteria and allowing an adequate margin of safety, are requisite to
protect the public health.'' \1\ 42 U.S.C. 7409(b)(1). A secondary
standard, in turn, must ``specify a level of air quality the attainment
and maintenance of which, in the judgment of the Administrator, based
on [the air quality] criteria, is requisite to protect the public
[[Page 34406]]
welfare from any known or anticipated adverse effects associated with
the presence of such pollutant in the ambient air.'' \2\ 42 U.S.C.
7409(b)(2).
---------------------------------------------------------------------------
\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 \ EPA is currently conducting a separate review of the
secondary NO2 NAAQS jointly with a review of the
secondary SO2 NAAQS.
---------------------------------------------------------------------------
The requirement that primary standards include an adequate margin
of safety is intended to address uncertainties associated with
inconclusive scientific and technical information available at the time
of standard setting. It is 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.
In addressing the requirement for a margin of safety, EPA considers
such factors as the nature and severity of the health effects involved,
the size of the at-risk population(s), 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 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 so doing, EPA may not consider the
costs of implementing the standards. Whitman v. American Trucking
Associations, 531 U.S. 457, 471, 475-76 (2001).
Section 109(d)(1) of the Act requires the Administrator to
periodically undertake a thorough review of the air quality criteria
published under section 108 and the NAAQS and to revise the criteria
and standards as may be appropriate. 42 U.S.C. 7409(d)(1). The Act also
requires the Administrator to appoint an independent scientific review
committee composed of seven members, including at least one member of
the National Academy of Sciences, one physician, and one person
representing State air pollution control agencies, to review the air
quality criteria and NAAQS and to ``recommend to the Administrator any
new standards and revisions of existing criteria and standards as may
be appropriate under section 108 and subsection (b) of this section.''
42 U.S.C. 7409(d)(2). This independent review function is performed by
the Clean Air Scientific Advisory Committee (CASAC) of EPA's Science
Advisory Board.
B. Related NO2 Control Programs
States are primarily responsible for ensuring attainment and
maintenance of ambient air quality standards once EPA has established
them. Under section 110 of the Act, 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
program that covers these pollutants. See 42 U.S.C. 7470-7479. In
addition, Federal programs provide for nationwide reductions in
emissions of these and other air pollutants under Title II of the Act,
42 U.S.C. 7521--7574, which involves controls for automobile, truck,
bus, motorcycle, nonroad engine and equipment, and aircraft emissions;
the new source performance standards under section 111 of the Act, 42
U.S.C. 7411; and the national emission standards for hazardous air
pollutants under section 112 of the Act, 42 U.S.C. 7412.
Currently there are no areas in the United States that are
designated as nonattainment of the NO2 NAAQS. If the
NO2 NAAQS is revised as a result of this review, however,
some areas could be classified as non-attainment. Certain States would
then be required to develop SIPs that identify and implement specific
air pollution control measures to reduce ambient NO2
concentrations to attain and maintain the revised NO2 NAAQS,
most likely by requiring air pollution controls on sources that emit
oxides of nitrogen (NOX \3\).
---------------------------------------------------------------------------
\3\ In this document, the terms ``oxides of nitrogen'' and
``nitrogen oxides'' (NOX) refer to all forms of oxidized
nitrogen (N) compounds, including NO, NO2, and all other
oxidized N-containing compounds formed from NO and NO2.
This follows usage in the Clean Air Act Section 108(c): ``Such
criteria [for oxides of nitrogen] shall include a discussion of
nitric and nitrous acids, nitrites, nitrates, nitrosamines, and
other carcinogenic and potentially carcinogenic derivatives of
oxides of nitrogen.'' By contrast, within the air pollution research
and control communities, the terms ``oxides of nitrogen'' and
``nitrogen oxides'' are restricted to refer only to the sum of NO
and NO2, and this sum is commonly abbreviated as
NOX. The category label used by this community for the
sum of all forms of oxidized nitrogen compounds including those
listed in Section 108(c) is NOY.
---------------------------------------------------------------------------
While NOX is emitted from a wide variety of source
types, the top three categories of sources of NOX emissions
are on-road mobile sources, electricity generating units, and non-road
mobile sources. EPA anticipates that NOX emissions will
decrease substantially over about the next 20 years as a result of the
ongoing implementation of mobile source emissions standards. In
particular, Tier 2 NOX emission standards for light-duty
vehicle emissions began phasing into the fleet beginning with model
year 2004, in combination with low-sulfur gasoline fuel standards. For
heavy-duty engines, new NOX standards are phasing in between
the 2007 and 2010 model years, following the introduction of ultra-low
sulfur diesel fuel. Lower NOX standards for nonroad diesel
engines, locomotives, and certain marine engines are becoming effective
throughout the next decade. In future decades, these lower-
NOX vehicles and engines will become an increasingly large
fraction of in-use mobile sources, effecting large NOX
emission reductions.
C. Review of the Air Quality Criteria and Standards for Oxides of
Nitrogen
On April 30, 1971, EPA promulgated identical primary and secondary
NAAQS for NO2 under section 109 of the Act. The standards
were set at 0.053 parts per million (ppm) (53 ppb), annual average (36
FR 8186). EPA completed reviews of the air quality criteria and
NO2 standards in 1985 and 1996 with decisions to retain the
standard (50 FR 25532, June 19, 1985; 61 FR 52852, October 8, 1996).
EPA initiated the current review of the air quality criteria for
oxides of nitrogen and the NO2 primary NAAQS on December 9,
2005 (70 FR 73236) with a general call for information. EPA's draft
Integrated Review Plan for the Primary National Ambient Air Quality
Standard for Nitrogen Dioxide (EPA, 2007a) was made available in
February 2007 for public comment and was discussed by the CASAC via a
publicly accessible teleconference on May 11, 2007. As noted in that
plan, NOX includes multiple gaseous (e.g., NO2,
NO) and particulate (e.g., nitrate) species. Because the health effects
[[Page 34407]]
associated with particulate species of NOX have been
considered within the context of the health effects of ambient
particles in the Agency's review of the NAAQS for particulate matter
(PM), the current review of the primary NO2 NAAQS is focused
on the gaseous species of NOX and does not consider health
effects directly associated with particulate species.
The first draft of the Integrated Science Assessment for Oxides of
Nitrogen-Health Criteria (ISA) and the Nitrogen Dioxide Health
Assessment Plan: Scope and Methods for Exposure and Risk Assessment
(EPA, 2007b) were reviewed by CASAC at a public meeting held on October
24-25, 2007. Based on comments received from CASAC and the public, EPA
developed the second draft of the ISA and the first draft of the Risk
and Exposure Assessment to Support the Review of the NO2
Primary National Ambient Air Quality Standard (Risk and Exposure
Assessment (REA)). These documents were reviewed by CASAC at a public
meeting held on May 1-2, 2008. Based on comments received from CASAC
and the public at this meeting, EPA released the final ISA in July of
2008 (EPA, 2008a). In addition, comments received were considered in
developing the second draft of the REA, which was released for public
review and comment in two parts. The first part of this document,
containing chapters 1-7, 9 and appendices A and C as well as part of
appendix B, was released in August, 2008. The second part of this
document, containing chapter 8 (describing the Atlanta exposure
assessment) and a completed appendix B, was released in October of
2008. This document was the subject of CASAC reviews at public meetings
on September 9 and 10, 2008 (for the first part) and on October 22,
2008 (for the second part). In preparing the final REA (EPA, 2008b),
EPA considered comments received from the CASAC and the public at those
meetings.
In the course of reviewing the second draft REA, CASAC expressed
the view that the document would be incomplete without the addition of
a policy assessment chapter presenting an integration of evidence-based
considerations and risk and exposure assessment results. CASAC stated
that such a chapter would be ``critical for considering options for the
NAAQS for NO2'' (Samet, 2008a). In addition, within the
period of CASAC's review of the second draft REA, EPA's Deputy
Administrator indicated in a letter to the chair of CASAC, addressing
earlier CASAC comments on the NAAQS review process (Henderson, 2008),
that the risk and exposure assessment will include ``a broader
discussion of the science and how uncertainties may effect decisions on
the standard'' and ``all analyses and approaches for considering the
level of the standard under review, including risk assessment and
weight of evidence methodologies'' (Peacock, 2008, p.3; September 8,
2008).
Accordingly, the final REA included a new policy assessment
chapter. This policy assessment chapter considered the scientific
evidence in the ISA and the exposure and risk characterization results
presented in other chapters of the REA as they relate to the adequacy
of the current NO2 primary NAAQS and potential alternative
primary NO2 standards. In considering the current and
potential alternative standards, the final REA document focused on the
information that is most pertinent to evaluating the basic elements of
national ambient air quality standards: indicator, averaging time, form
\4\, and level. These elements, which together serve to define each
standard, must be considered collectively in evaluating the health
protection afforded. CASAC discussed the final version of the REA, with
an emphasis on the policy assessment chapter, during a public
teleconference held on December 5, 2008. Following that teleconference,
CASAC offered comments and advice on the NO2 primary NAAQS
in a letter to the Administrator (Samet, 2008b).
---------------------------------------------------------------------------
\4\ The ``form'' of a standard defines the air quality statistic
that is to be compared to the level of the standard in determining
whether an area attains the standard.
---------------------------------------------------------------------------
The schedule for completion of this review is governed by a
judicial order resolving a lawsuit filed in September 2005, concerning
the timing of the current review. The order that now governs this
review, entered by the court in August 2007 and amended in December
2008, provides that the Administrator will sign, for publication,
notices of proposed and final rulemaking concerning the review of the
primary NO2 NAAQS no later than June 26, 2009 and January
22, 2010, respectively.
This action presents the Administrator's proposed decisions on the
current primary NO2 standard. Throughout this preamble a
number of conclusions, findings, and determinations proposed by the
Administrator are noted. While they identify the reasoning that
supports this proposal, they are not intended to be final or conclusive
in nature. The EPA invites general, specific, and/or technical comments
on all issues involved with this proposal, including all such proposed
judgments, conclusions, findings, and determinations. Further, EPA
invites specific comments from CASAC on the proposed approach of
establishing a new 1-hour NO2 standard in conjunction with a
revised monitoring network that includes a substantial number of
monitors placed near major roads. In addition to requesting comment on
the overall approach, EPA invites specific comment on the level, or
range of levels, appropriate for such a standard, as well as on the
rationale that would support that level or range of levels.
II. Rationale for Proposed Decisions on the Primary Standard
This section presents the rationale for the Administrator's
proposed decision to revise the existing NO2 primary
standard by supplementing the current annual standard with a 1-hour
standard and to specify the standards to the nearest parts per billion
(ppb). As discussed more fully below, this rationale takes into
account: (1) Judgments and conclusions presented in the ISA and the
REA; (2) CASAC advice and recommendations, as reflected in discussions
of drafts of the ISA and REA at public meetings, in separate written
comments, and in CASAC's letter to the Administrator (Samet, 2008b);
and (3) public comments received at CASAC meetings during the
development of the ISA and the REA.
In developing this rationale, EPA has drawn upon an integrative
synthesis of the entire body of evidence on human health effects
associated with the presence of NO2 in the air. As discussed
below, this body of evidence addresses a broad range of health
endpoints associated with exposure to NO2. In considering
this entire body of evidence, EPA focuses in particular on those health
endpoints for which the ISA finds associations with NO2 to
be causal or likely causal (see section II.B below). This rationale
also draws upon the results of quantitative exposure and risk
assessments.
As discussed below, a substantial amount of new research has been
conducted since the last review of the NO2 NAAQS, with
important new information coming from epidemiologic studies in
particular. The newly available research studies evaluated in the ISA
have undergone intensive scrutiny through multiple layers of peer
review and opportunities for public review and comment. While important
uncertainties remain in the qualitative and quantitative
characterizations of health effects attributable to exposure to ambient
NO2, the review of this
[[Page 34408]]
information has been extensive and deliberate.
The remainder of this section discusses the rationale for the
Administrator's proposed decisions on the primary standard. Section
II.A presents a discussion of NO2 air quality, including
discussion of the NO2 concentration gradients that can exist
around roadways, and the current NO2 monitoring network.
Section II.B includes an overview of the scientific evidence related to
health effects associated with NO2 exposure. This overview
includes discussion of the health endpoints and at-risk populations
considered in the ISA. Section II.C discusses the approaches taken by
EPA to assess exposures and health risks associated with
NO2, including a discussion of key uncertainties associated
with the analyses. Section II.D presents the approach that is being
used in the current review of the NO2 NAAQS with regard to
consideration of the scientific evidence and exposure-/risk-based
results related to the adequacy of the current standard and potential
alternative standards. Sections II.E and II.F discuss the scientific
evidence and the exposure-/risk-based results specifically as they
relate to the current and potential alternative standards, including
discussion of the Administrator's proposed decisions on the standard.
Section II.G summarizes the Administrator's proposed decisions with
regard to the NO2 primary NAAQS.
A. Characterization of NO2 Air Quality
1. Current patterns of NO2 Air Quality
The size of the State and local NO2 monitoring network
has remained relatively stable since the early 1980s, and currently has
approximately 400 monitors reporting data to EPA's Air Quality System
(AQS) database. \5\ At present, there are no minimum monitoring
requirements for NO2 in 40 CFR part 58 Appendix D, other
than a requirement for EPA Regional Administrator approval before
removing any existing monitors, and that any ongoing NO2
monitoring must have at least one monitor sited to measure the maximum
concentration of NO2 in that area (though, as discussed
below monitors in the current network do not measure peak
concentrations associated with on-road mobile sources that can occur
near major roadways because the network was not designed for this
purpose). EPA removed the specific minimum monitoring requirements for
NO2 of two monitoring sites per area with a population of
1,000,000 or more in the 2006 monitoring rule revisions (71 FR 61236),
based on the fact that there were no NO2 nonattainment areas
at that time, coupled with trends evidence showing an increasing gap
between national average NO2 concentrations and the current
annual standard. Additionally, the minimum requirements were removed to
provide State, local, and Tribal air monitoring agencies flexibility in
meeting higher priority monitoring needs for pollutants such as ozone
and PM2.5, or implementing the new multi-pollutant sites
(NCore network) required by the 2006 rule revisions, by allowing them
to discontinue lower priority monitoring. There are requirements in 40
CFR part 58 Appendix D for NO2 monitoring as part of the
Photochemical Assessment Monitoring Stations (PAMS) network. However,
of the approximately 400 NO2 monitors currently in
operation, only about 10 percent may be due to the PAMS requirements.
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\5\ It should be noted that the ISA Section 2.4.1 references a
different number of active monitors in the NO2 network.
The discrepancy between the ISA numbers and the number presented
here is due to differing metrics used in pulling data from AQS. The
ISA only references SLAMS, NAMS, and PAMS sites with defined
monitoring objectives, while the Watkins and Thompson, 2008 value
represents all NO2 sites reporting data at any point
during the year. These differences in numbers of active monitors per
year also explain why the Watkins and Thompson 2008 document
characterized the NO2 network size as relatively stable
since the early 1980s.
---------------------------------------------------------------------------
An analysis of the approximately 400 monitors comprising the
current NO2 monitoring network (Watkins and Thompson, 2008)
indicates that the current NO2 network has largely remained
unchanged in terms of size and target monitor objective categories
since it was introduced in the May 10, 1979 monitoring rule (44 FR
27571). The review of the current network found that the assessment of
concentrations for general population exposure and maximum
concentrations at neighborhood and larger scales were the top
objectives. A review of the distribution of listed spatial scales of
representation shows that only approximately 3 monitors are described
as microscale, representing an area on the order of several meters to
100 meters, and approximately 23 monitors are described as middle
scale, which represents an area on the order of 100 to 500 meters. This
low percentage of smaller spatially representative scale sites within
the network of approximately 400 monitoring sites indicates that the
majority of monitors have, in fact, been sited to assess area-wide
exposures on the neighborhood, urban, and regional scales, as would be
expected for a network sited to support the current annual
NO2 standard and PAMS objectives. The current network does
not include monitors placed near major roadways and, therefore,
monitors in the current network do not necessarily measure the maximum
concentrations that can occur on a localized scale near these roadways
(as discussed in the next section). It should be noted that the network
not only accommodates NAAQS related monitoring, but also serves other
monitoring objectives such as support for photochemistry analysis,
ozone modeling and forecasting, and particulate matter precursor
tracking.
2. NO2 Air Quality and Gradients Around Roadways
On-road and non-road mobile sources account for approximately 60%
of NOX emissions (ISA, table 2.2-1) and traffic-related
exposures can dominate personal exposures to NO2 (ISA
section 2.5.4). While driving, personal exposure concentrations in the
cabin of a vehicle could be substantially higher than ambient
concentrations measured nearby (ISA, section 2.5.4). For example, mean
in-vehicle NO2 concentrations have been reported to be 2 to
3 times higher than non-traffic ambient concentrations (ISA, sections
2.5.4 and 4.3.6). In addition, estimates presented in the REA suggest
that on/near roadway NO2 concentrations could be
approximately 40% (REA, compare Tables 7-11 and 7-13) or 80% (REA,
section 7.3.2) higher on average than concentrations away from roadways
and that roadway-associated environments could be responsible for the
large majority of 1-hour peak NO2 exposures (REA, Figures 8-
17 and 8-18). Because monitors in the current network are not sited to
measure peak roadway-associated NO2 concentrations,
individuals who spend time on and/or near major roadways could
experience NO2 concentrations that are considerably higher
than indicated by monitors in the current area-wide NO2
monitoring network.
Research suggests that the concentrations of on-road mobile source
pollutants such as NOX, carbon monoxide (CO), directly
emitted air toxics, and certain size distributions of particulate
matter (PM), such as ultrafine PM, typically display peak
concentrations on or immediately adjacent to roads (ISA, section 2.5).
This situation typically produces a gradient in pollutant
concentrations, with concentrations decreasing with increasing distance
from the road, and concentrations generally decreasing back to near
area-wide ambient levels, or typical upwind urban background
[[Page 34409]]
levels, within several hundred meters downwind. While this general
concept is applicable to almost all roads, the actual characteristics
of the gradient and the distance that the mobile source pollutant
signature from an individual road can be differentiated from background
or upwind concentrations are heavily dependent on factors including
traffic volumes, local topography, roadside features, meteorology, and
photochemical reactivity conditions (Baldauf, et al., 2009; Beckerman
et al., 2008; Clements et al., 2008; Hagler et al., 2009; Janssen et
al., 2001; Rodes and Holland, 1980; Roorda-Knape et al., 1998; Singer
et al., 2004; Zhou and Levy, 2007).
Because NO2 in the ambient air is due largely to the
atmospheric oxidation of NO emitted from combustion sources (ISA,
section 2.2.1), elevated NO2 concentrations can extend
farther away from roadways than the primary pollutants also emitted by
on-road mobile sources. More specifically, review of the technical
literature suggests that NO2 concentrations may return to
area-wide or typical urban background concentrations within distances
up to 500 meters of roads, though the actual distance will vary with
topography, roadside features, meteorology, and photochemical
reactivity conditions (Baldauf et al., 2009; Beckerman et al., 2008;
Clements et al., 2008; Gilbert et al. 2003; Rodes and Holland, 1980;
Singer et al., 2004; Zhou and Levy, 2007). Efforts to quantify the
extent and slope of the concentration gradient that may exist from peak
near-road concentrations to the typical urban background concentrations
must consider the variability that exists across locations and for a
given location over time. As a result, we have identified a range of
concentration gradients in the technical literature which indicate
that, on average, peak NO2 concentrations on or immediately
adjacent to roads may typically be between 30 and 100 percent greater
than concentrations monitored in the same area but farther away from
the road (ISA, Section 2.5.4; Beckerman et al., 2008; Gilbert et al.,
2003; Rodes and Holland, 1980; Roorda-Knape et al., 1998; Singer et
al., 2004). This range of concentration gradients has implications for
revising the NO2 primary standard and for the NO2
monitoring network (see sections II.F.4 and III).
B. Health Effects Information
In the last review of the NO2 NAAQS, the 1993
NOX Air Quality Criteria Document (1993 AQCD) (EPA, 1993)
concluded that there were two key health effects of greatest concern at
ambient or near-ambient concentrations of NO2 (ISA, section
5.3.1). The first was increased airway responsiveness in asthmatic
individuals after short-term exposures. The second was increased
respiratory illness among children associated with longer-term
exposures to NO2. Evidence also was found for increased risk
of emphysema, but this appeared to be of major concern only with
exposures to NO2 at levels much higher than then current
ambient levels (ISA, section 5.3.1). Controlled human exposure and
animal toxicological studies provided qualitative evidence for airway
hyperresponsiveness and lung function changes while epidemiologic
studies provided evidence for increased respiratory symptoms with
increased indoor NO2 exposures. Animal toxicological
findings of lung host defense system changes with NO2
exposure provided a biologically-plausible basis for the epidemiologic
results. Subpopulations considered potentially more susceptible to the
effects of NO2 exposure included persons with preexisting
respiratory disease, children, and the elderly. The epidemiologic
evidence for respiratory health effects was limited, and no studies had
considered endpoints such as hospital admissions, emergency department
visits, or mortality (ISA, section 5.3.1).
As discussed below, evidence published since the last review
generally has confirmed and extended the conclusions articulated in the
1993 AQCD (ISA, section 5.3.2). The epidemiologic evidence has grown
substantially with the addition of field and panel studies,
intervention studies, time-series studies of endpoints such as hospital
admissions, and a substantial number of studies evaluating mortality
risk associated with short-term NO2 exposures. While not as
marked as the growth in the epidemiologic literature, a number of
recent toxicological and controlled human exposure studies also provide
insights into relationships between NO2 exposure and health
effects. The body of evidence that has become available since the last
review focuses the current review on NO2-related respiratory
effects at lower ambient and exposure concentrations.
The ISA, along with its associated annexes, provides a
comprehensive review and assessment of the scientific evidence related
to the health effects associated with NO2 exposures. For
these health effects, the ISA characterized judgments about causality
with a hierarchy that contains five levels (ISA, section 1.3):
sufficient to infer a causal relationship, sufficient to infer a likely
causal relationship (i.e., more likely than not), suggestive but not
sufficient to infer a causal relationship, inadequate to infer the
presence or absence of a causal relationship, and suggestive of no
causal relationship. Judgments about causality were informed by a
series of aspects that are based on those set forth by Sir Austin
Bradford Hill in 1965 (ISA, Table 1.3-1). These aspects include
strength of the observed association, availability of experimental
evidence, consistency of the observed association, biological
plausibility, coherence of the evidence, temporal relationship of the
observed association, and the presence of an exposure-response
relationship. A summary of each of the five levels of the hierarchy is
provided in Table 1.3-2 of the ISA.
Judgments made in the ISA about the extent to which relationships
between various health endpoints and exposure to NO2 are
likely causal have been informed by several factors. As discussed in
the ISA in section 1.3, these factors include the nature of the
evidence (i.e., controlled human exposure, epidemiological, and/or
toxicological studies) and the weight of evidence. The weight of
evidence takes into account such considerations as biological
plausibility, coherence of the evidence, strength of associations, and
consistency of the evidence. Controlled human exposure studies provide
directly applicable information for determining causality because these
studies are not limited by differences in dosimetry and species
sensitivity, which would need to be addressed in extrapolating animal
toxicology data to human health effects, and because they provide data
relating health effects specifically to NO2 exposures, in
the absence of the co-occurring pollutants present in ambient air.
Epidemiologic studies provide evidence of associations between
NO2 concentrations and more serious health endpoints (e.g.,
hospital admissions and emergency department visits) that cannot be
assessed in controlled human exposure studies. For these studies the
degree of uncertainty introduced by confounding variables (e.g., other
pollutants) affects the level of confidence that the health effects
being investigated are attributable to NO2 exposures alone
and/or in combination with co-occurring pollutants.
In using a weight of evidence approach to inform judgments about
the degree of confidence that various health effects are likely to be
caused by exposure to NO2, confidence increases with the
number of studies consistently reporting a particular health endpoint,
[[Page 34410]]
with increasing support for the biological plausibility of the health
effects, and with the strength and coherence of the evidence.
Conclusions regarding biological plausibility, consistency, and
coherence of evidence of NO2-related health effects are
drawn from the integration of epidemiologic studies with controlled
human exposure studies and with mechanistic information from animal
toxicological studies. As discussed below, the weight of evidence is
strongest for respiratory morbidity endpoints (e.g., respiratory
symptoms, hospital admissions, and emergency department visits)
associated with short-term (e.g., 1 to 24 hours) NO2
exposures.
For epidemiologic studies, strength of association refers to the
magnitude of the association and its statistical strength, which
includes assessment of both effect estimate size and precision. In
general, when associations yield large relative risk estimates, it is
less likely that the association could be completely accounted for by a
potential confounder or some other bias. Consistency refers to the
persistent finding of an association between exposure and outcome in
multiple studies of adequate power in different persons, places,
circumstances and times. Based on the information presented in the ISA
and summarized below in sections II.B.1-II.B.3, this section discusses
judgments concerning the extent to which relationships between various
health endpoints and ambient NO2 exposures have been judged
in the ISA to be likely causal.
As noted above, this section is devoted to discussion of health
effects associated with NO2 exposure, as assessed in the
ISA. Section II.B.1 below discusses respiratory morbidity associated
with short-term exposure to NO2. The specific endpoints
considered in this section are respiratory-related emergency department
visits and hospital admissions, respiratory symptoms, lung host defense
and immunity, airway responsiveness, airway inflammation, and lung
function. Section II.B.2 discusses mortality and cardiovascular effects
associated with short-term exposures. Section II.B.3 discusses effects
that have been associated with long-term NO2 exposures
including respiratory morbidity, mortality, cancer, cardiovascular
effects, and reproductive/developmental effects. Section II.B.4
discusses the potential NO2-related impacts on public
health.
1. Adverse Respiratory Effects and Short-Term Exposure to
NO2
The ISA concluded that, taken together, recent studies provide
scientific evidence that is sufficient to infer a likely causal
relationship between short-term NO2 exposure and adverse
effects on the respiratory system (ISA, section 5.3.2.1). This
determination was based on consideration of the broad array of relevant
scientific evidence, as well as the uncertainties associated with that
evidence. Specifically, this determination is supported by the large
body of recent epidemiologic evidence as well as findings from human
and animal experimental studies.
In considering the uncertainties associated with the epidemiologic
evidence, the ISA (section 5.4) noted that it is difficult to determine
``the extent to which NO2 is independently associated with
respiratory effects or if NO2 is a marker for the effects of
another traffic-related pollutant or mix of pollutants.'' On-road
vehicle exhaust emissions are a nearly ubiquitous source of combustion
pollutant mixtures that include NOX and can be an important
contributor to NO2 levels in near-road locations. Although
this complicates efforts to quantify specific NO2-related
health effects, a number of epidemiologic studies have evaluated
associations with NO2 in models that also include co-
occurring pollutants such as PM, O3, CO, and/or
SO2. The evidence summarized in the ISA indicates that
NO2 associations generally remain robust in these multi-
pollutant models and supports a direct effect of short-term
NO2 exposure on respiratory morbidity (see ISA Figures 3.1-
7, 3.1-10, 3.1-11 and Figures 1 through 3 below). The plausibility and
coherence of these effects are also supported by epidemiologic studies
of indoor NO2 as well as experimental (i.e., toxicologic and
controlled human exposure) studies that have evaluated host defense and
immune system changes, airway inflammation, and airway responsiveness
(see subsequent sections of this proposal and the ISA, section
5.3.2.1). The ISA (section 5.4) concluded that the robustness of
epidemiologic findings to adjustment for co-pollutants, coupled with
data from animal and human experimental studies, support a
determination that the relationship between NO2 and
respiratory morbidity is likely causal, while still recognizing the
relationship between NO2 and other traffic related
pollutants.
BILLING CODE 6560-50-P
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[GRAPHIC] [TIFF OMITTED] TP15JY09.001
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BILLING CODE 6560-50-C
The epidemiologic and experimental studies encompass a number of
endpoints, including emergency department visits and hospitalizations,
respiratory symptoms, airway hyperresponsiveness, airway inflammation,
and lung function. Effect estimates from epidemiologic studies
conducted in the United States and Canada generally indicate a 2-20%
\6\ increase in risks for emergency department visits and hospital
admissions and higher risks for respiratory symptoms (ISA, section
5.4). The findings relevant to these endpoints, which provide the
rationale to support the judgment of a likely causal relationship, are
described in more detail below.
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\6\ Effect estimates in the ISA were standardized to a 30 ppb
increase in NO2 concentrations and to a 20 ppb increase
for studies that evaluated 24-hour average concentrations.
---------------------------------------------------------------------------
a. Emergency Department Visits and Hospital Admissions
Epidemiologic evidence exists for positive associations of short-
term ambient NO2 concentrations below the current NAAQS with
increased numbers of emergency department visits and hospital
admissions for respiratory causes, especially asthma (ISA, section
5.3.2.1). Total respiratory causes for emergency department visits and
hospitalizations typically include asthma, bronchitis and emphysema
(collectively referred to as COPD), pneumonia, upper and lower
respiratory infections, and other minor categories. Temporal
associations between respiratory emergency department visits or
hospital admissions and ambient levels of NO2 have been the
subject of over 50 peer-reviewed research publications since the review
of the NO2 NAAQS that was completed in 1996. These studies
have examined morbidity in different age groups and have often utilized
multi-pollutant models to evaluate potential confounding effects of co-
pollutants. Associations are particularly consistent among children (<
14 years) and older adults (> 65 years) when all respiratory outcomes
are analyzed together (ISA, Figures 3.1-8 and 3.1-9) and among children
and subjects of all ages for asthma admissions (ISA, Figures 3.1-12 and
3.1-13). When examined with co-pollutant models, associations of
NO2 with respiratory emergency department visits and
hospital admissions were generally robust and independent of the
effects of co-pollutants (i.e., magnitude of effect estimates remained
relatively unchanged) (ISA, Figures 3.1-10 and 3.1-11). The
plausibility and coherence of these effects are supported by
experimental (i.e., toxicologic and controlled human exposure) studies
that evaluate host defense and immune system changes, airway
inflammation, and airway responsiveness (see subsequent sections of
this document and ISA, section 5.3.2.1).
Of the respiratory emergency department visit and hospital
admission studies reviewed in the ISA, 6 key studies were conducted in
the United States (ISA, Table 5.4-1). Of these 6 studies, 4 evaluated
associations with NO2 using multi-pollutant models (Peel et
al., 2005 and updated in Tolbert et al., 2007 in Atlanta; New York
Department of Health (NYDOH), 2006 and Ito et al., 2007 in New York
City), while 2 studies evaluated only single pollutant models (Linn et
al., 2000 in Los Angeles; Jaffe et al., 2003 in Cleveland/Cincinnati,
OH). In the study by Peel and colleagues, investigators evaluated
respiratory emergency department visits among all ages in Atlanta, GA
during the period from 1993 to 2000. Using single pollutant models, a
2.4% (95% CI: 0.9%, 4.1%) increase in respiratory emergency department
visits was associated with a 30-ppb increase in 1-hour maximum
NO2 concentrations. For asthma visits, a 4.1% (95% CI: 0.8%,
7.6%) increase was estimated in individuals 2 to 18 years of age.
Tolbert and colleagues reanalyzed these data with 4 additional years of
information and found essentially similar results in single pollutant
models (2.0% increase, 95% CI: 0.5%, 3.3%). This same study found that
the associations were positive, but not statistically significant, in
multi-pollutant models that included PM10 or O3
(Figure 2 in published manuscript). In the study conducted by the
NYDOH, investigators evaluated asthma
[[Page 34414]]
emergency department visits in Bronx and Manhattan, New York over the
period of January 1999 to November 2000. In Bronx, a 6% (95% CI: 1%,
10%) increase in visits was estimated per 20 ppb increase in 24-hour
average concentrations of NO2 and a 7% (95% CI: 2%, 12%)
increase in visits was estimated per 30 ppb increase in daily 1-hour
maximum concentrations. These effects were not statistically
significant in 2-pollutant models that included PM2.5 or
SO2 (Tables 4a and 9 in manuscript). In Manhattan, the
authors found non-significant decreases (3% for 24-hour and a 2% for
daily 1-hour maximum) in asthma-related emergency department visits
associated with increasing NO2. In the study by Ito and
colleagues (2007), investigators evaluated respiratory emergency
department visits for asthma in New York City during the years 1999 to
2002. A 12% (95% CI: 7%, 15%) increase in risk was estimated per 20 ppb
increase in 24-hour ambient NO2. Risk estimates were robust
and remained statistically significant in multi-pollutant models that
included PM2.5, O3, CO, and SO2
(figure 8 in manuscript). With regard to the studies that evaluated
only single pollutant models, Linn et al. (2000) detected a
statistically significant increase in respiratory hospital admissions
and Jaffe et al. (2003) detected a positive, but not statistically
significant, increase in respiratory emergency department visits
associated with 24-hour NO2 concentrations.
b. Respiratory Symptoms
Evidence for associations between NO2 and respiratory
symptoms is derived primarily from the epidemiologic literature,
although the experimental evidence for airway inflammation and immune
system effects (described in the ISA, section 3.1) does provide support
for the plausibility and coherence for the epidemiologic results (ISA,
section 5.3.2.1). Consistent evidence has been observed for an
association of respiratory effects with indoor and personal
NO2 exposures in children (ISA, sections 3.1.5.1 and
5.3.2.1) and with ambient levels of NO2, as measured by
area-wide monitors (ISA, sections 3.1.4.2 and 5.3.2.1, see Figure 3.1-
6). In the results of multi-pollutant models, NO2
associations in multicity studies are generally robust to adjustment
for co-pollutants including O3, CO, and PM10
(ISA, sections 3.1.4.3, 5.3.2.1 and Figure 3.1-7). Specific studies of
respiratory symptoms are discussed in more detail below.
Epidemiologic studies using community ambient monitors have found
associations between ambient NO2 concentrations and
respiratory symptoms (ISA, sections 3.1.4.2 and 5.3.2.1, Figure 3.1-6)
in cities where the entire range of 24-hour average NO2
concentrations were well below the level of the current NAAQS (0.053
ppm annual average). Several studies have been published since the last
review including single-city studies (e.g., Ostro et al., 2001; Delfino
et al., 2002) and multicity studies in urban areas covering the
continental United States and southern Ontario (Schwartz et al., 1994;
Mortimer et al., 2002; Schildcrout et al., 2006).
Schwartz et al. (1994) studied 1,844 schoolchildren, followed for 1
year, as part of the Six Cities Study that included the cities of
Watertown, MA, St. Louis, MO, Kingston-Harriman, TN, Steubenville, OH,
Topeka, KS, and Portage, WI. Respiratory symptoms were recorded daily.
The authors reported a significant association between 4-day mean
NO2 levels and incidence of cough among all children in
single-pollutant models, with an odds ratio (OR) of 1.61 (95% CI: 1.08,
2.43) standardized to a 20-ppb increase in NO2. The
incidence of cough increased up to approximately mean NO2
levels (13 ppb) (p = 0.01), after which no further increase was
observed. The significant association between cough and 4-day mean
NO2 level remained unchanged in models that included
O3 but lost statistical significance in two-pollutant models
that included PM10 (OR = 1.37 [95% CI: 0.88, 2.13]) or
SO2 (OR = 1.42 [95% CI: 0.90, 2.28]).
Mortimer et al. (2002) studied the risk of asthma symptoms among
864 asthmatic children in New York City, NY, Washington, DC, Cleveland,
OH, Detroit, MI, St Louis, MO, and Chicago, IL. Subjects were followed
daily for four 2-week periods over the course of nine months with
morning and evening asthma symptoms and peak flow recorded. The
greatest effect was observed for morning symptoms using a 6-day moving
average, with a reported OR of 1.48 (95% CI: 1.02, 2.16) per 20 ppb
increase in NO2. Although the magnitudes of effect estimates
were generally robust in multi-pollutant models that included
O3 (OR for 20-ppb increase in NO2 = 1.40 [95% CI:
0.93, 2.09]), O3 and SO2 (OR for NO2 =
1.31 [95% CI: 0.87, 2.09]), or O3, SO2, and
PM10 (OR for NO2 = 1.45 [95% CI: 0.63, 3.34]),
they were not statistically significant.
Schildcrout et al. (2006) investigated the association between
ambient NO2 and respiratory symptoms and rescue inhaler use
as part of the Childhood Asthma Management Program (CAMP) study. The
study reported on 990 asthmatic children living within 50 miles of an
NO2 monitor in Boston, MA, Baltimore, MD, Toronto, ON, St.
Louis, MO, Denver, CO, Albuquerque, NM, or San Diego, CA. Symptoms and
use of rescue medication were recorded daily, resulting in each subject
having an average of approximately two months of data. The authors
reported the strongest association between NO2 and increased
risk of cough for a 2-day lag, with an OR of 1.09 (95% CI: 1.03, 1.15)
for each 20-ppb increase in NO2 occurring 2 days before
measurement. Multi-pollutant models that included CO, PM10,
or SO2 produced similar results (ISA, Figure 3.1-5, panel
A). Additionally, increased NO2 exposure was associated with
increased use of rescue medication, with the strongest association for
a 2-day lag. In the single-pollutant model, the relative risk (RR) for
increased inhaler usage was 1.05 (95% CI: 1.01, 1.09).
Evidence supporting increased respiratory symptoms following
NO2 exposures is found in studies focused on indoor sources
of NO2 (ISA, section 3.1.4.1). These studies are not
confounded by the same mix of co-pollutants present in the ambient air
or by the contribution of NO2 to the formation of secondary
particles or O3 (ISA, section 3.1.4.1). Specifically, in a
randomized intervention study in Australia (Pilotto et al., 2004),
asthmatic students attending schools that switched out unvented gas
heaters, a major source of indoor NO2, experienced a
decrease in both levels of NO2 and in respiratory symptoms
(e.g., difficulty breathing, chest tightness, and asthma attacks)
compared to students in schools that did not switch out unvented gas
heaters (ISA, section 3.1.4.1). An earlier indoo