Revisions to Lead Ambient Air Monitoring Requirements, 81126-81138 [2010-32153]
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[FR Doc. 2010–32380 Filed 12–23–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 58
[EPA–HQ–OAR–2006–0735; FRL–9241–8]
Revisions to Lead Ambient Air
Monitoring Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA issued a final rule
on November 12, 2008, (effective date
January 12, 2009) that revised the
primary and secondary National
Ambient Air Quality Standards
(NAAQS) for lead and associated
monitoring requirements. On December
30, 2009, EPA proposed revisions to the
lead monitoring requirements. This
action promulgates revisions to the
monitoring requirements pertaining to
where State and local monitoring
agencies (‘‘monitoring agencies’’) would
be required to conduct lead monitoring.
DATES: This final rule is effective on
January 26, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2006–0735. All
documents in the docket are listed on
the https://www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Revisions to Lead Ambient
Air Monitoring Requirements Docket,
Docket ID No. EPA–OAR–2006–0735,
EPA Docket Center, EPA/DC, EPA West,
SUMMARY:
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Mr.
Kevin Cavender, Air Quality
Assessment Division, Office of Air
Quality Planning and Standards
(C304–06), Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711; telephone number (919)
541–2364; fax number (919) 541–1903;
e-mail address:
cavender.kevin@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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RIN 2060–AP77
PO 00000
Room 3334, 1301 Constitution Ave.,
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Facility is open from 8:30 a.m. to 4:30
p.m. Monday through Friday excluding
legal holidays. The docket telephone
number is (202) 566–1742. 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.
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Table of Contents
I. Does this action apply to me?
II. Where can I obtain a copy of this action?
III. Background
IV. Source-Oriented Monitoring
Requirements
A. What We Proposed for Source-Oriented
Monitoring
B. Comments Received on Source-Oriented
Monitoring
C. Final Decision on Source-Oriented
Monitoring
V. Monitoring at Airport Facilities
A. What We Proposed for Airport
Monitoring
B. Comments Received on Monitoring at
Airports
C. Final Decision on Airport Monitoring
VI. Non-Source-Oriented Monitoring
Requirements
A. What We Proposed for Non-SourceOriented Monitoring
B. Comments on Non-Source-Oriented
Monitoring
C. Final Decision on Non-Source-Oriented
Monitoring
VII. Monitor Deployment Schedule
A. What We Proposed for Monitor
Deployment Schedule
B. Comments on Monitor Deployment
Schedule
C. Final Decision on Monitoring
Deployment Schedule
VIII. References
IX. Judicial Review
X. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Does this action apply to me?
This action applies to State,
territorial, and local air quality
management programs that are
responsible for ambient air monitoring
under 40 CFR part 58. This action may
also affect tribes that conduct ambient
air monitoring similar to that conducted
by States and that wish EPA to use their
monitoring data in the same manner as
State monitoring data.
Categories and entities potentially
regulated by this action include:
Category
NAICS
code a
State/territorial/local/tribal government ..........................................
924110
a North
American
Industry
Classification
System.
II. Where can I obtain a copy of this
action?
In addition to being available in the
docket, an electronic copy of this rule
will also be available on the Worldwide
Web through the Technology Transfer
Network (TTN). Following the
Administrator’s signature, a copy of the
final rule will be placed on the TTN’s
policy and guidance page for newly
proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
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III. Background
The EPA issued a final rule on
November 12, 2008, that revised the
NAAQS for lead and associated ambient
air lead monitoring requirements (73 FR
66964, codified at 40 CFR part 58). As
part of the lead monitoring
requirements, monitoring agencies are
required to monitor ambient air near
lead sources which are expected to or
have been shown to have a potential to
contribute to a 3-month average lead
concentration in ambient air in excess of
the level of the NAAQS. At a minimum,
the 2008 rule required monitoring
agencies to monitor near lead sources
that emit 1.0 ton per year (tpy) or more.
However, the 2008 rule allows this
requirement to be waived by the EPA
Regional Administrator if the
monitoring agency can demonstrate that
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the source will not contribute to a
3-month average lead concentration in
ambient air in excess of 50 percent of
the level of the NAAQS (based on
historical monitoring data, modeling, or
other means).
Monitoring agencies were also
required by the 2008 rule to conduct
lead monitoring in large urban areas
(identified as Core Based Statistical
Areas, or CBSA, as defined by the Office
of Management and Budget (OMB)) with
a population of 500,000 people or more.
The locations for these monitoring sites
are intended to measure neighborhoodscale lead concentrations in urban areas
impacted by resuspended dust from
roadways, closed industrial sources
which previously were significant
sources of lead, hazardous waste sites,
construction and demolition projects, or
other fugitive dust sources of lead.
Following promulgation of the revised
lead NAAQS and monitoring
requirements, the Natural Resources
Defense Council (NRDC), the Missouri
Coalition for the Environment
Foundation, Physicians for Social
Responsibility, and Coalition to End
Childhood Lead Poisoning (‘‘the
Petitioners’’) petitioned (NRDC, 2009)
EPA to reconsider the lead emission rate
at which monitoring is required (the
‘‘emission threshold,’’ set at 1.0 tpy by
the 2008 rule).1 On July 22, 2009, EPA
granted the petition to reconsider
aspects of the monitoring requirements
(Jackson, 2009). In response to the
petition, EPA reviewed and
reconsidered the monitoring
requirements and on December 30,
2009, EPA proposed revisions to the
requirements for both source-oriented
and non-source-oriented monitoring for
lead (74 FR 69050). We proposed to
lower the emission threshold at which
monitoring would be required (or a
waiver granted) to 0.50 tpy, to require
lead monitoring at NCore sites, and
remove the existing CBSA-based nonsource-oriented monitoring
requirement. The comment period
ended February 16, 2010. This action
promulgates changes to the lead
monitoring requirements reflecting our
consideration of the comments received
on the proposed revisions.
IV. Source-Oriented Monitoring
Requirements
We are finalizing revisions to the
source-oriented monitoring
requirements. Specifically, we are
1 The Petitioners also filed a legal challenge to the
monitoring provisions of the final lead NAAQS
rule. See Missouri Coalition for the Environment, et
al. v. EPA, (DC Cir. No. 09–1009). That litigation
has been held in abeyance pending completion of
EPA’s reconsideration.
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lowering the emission threshold from
1.0 tpy to 0.50 tpy for industrial sources
of lead (e.g., lead smelters and
foundries). However, as discussed more
thoroughly in Section V, we are
maintaining the emission threshold for
airports at 1.0 tpy, and implementing an
airport monitoring study to determine
the need for monitoring of airports
which emit less than 1.0 tpy of lead.
The following paragraphs discuss what
we proposed, the comments we
received, and our rationale for our final
decisions regarding the emission
thresholds in response to the petition
for reconsideration.
A. What We Proposed for SourceOriented Monitoring
An emission threshold is used to
identify lead emission sources which
should be monitored because their
emissions may cause or contribute to
ambient lead concentrations that exceed
the lead NAAQS. Monitoring agencies
are required to conduct source-oriented
lead monitoring (unless a waiver is
granted as allowed by 40 CFR part 58
Appendix D, paragraph 4.5(a)(ii)) to
measure the maximum lead
concentration in ambient air resulting
from each lead source which emits lead
at a rate equal to or more than the
emission threshold. The emission
threshold for the revised NAAQS was
first set at 1.0 tpy as part of the October
2008 lead NAAQS revisions (73 FR
66964, codified at 40 CFR part 58). On
December 30, 2009, we proposed to
lower the emission threshold from 1.0
tpy to 0.50 tpy (74 FR 69050).
We based our proposed revision on a
review of the analyses conducted to
identify an appropriate emission
threshold at the time of final NAAQS
revision. The analyses and our review
are documented in the preamble to the
proposed monitoring revisions (74 FR
69052). Specifically, we re-evaluated
one of the analyses that EPA believed
provided the best information on the
potential impact of lead sources on
ambient lead concentrations. This
analysis used source-monitor pairs to
estimate the lowest emission rate at
which an industrial facility could
exceed the lead NAAQS (Cavender
2008). In this analysis, source-oriented
lead monitors within one mile of a lead
source (identified from the 2002
National Emissions Inventory (NEI))
were identified. This group of sites was
then narrowed down to sites near
facilities emitting 1 tpy or more of lead
into the ambient air, and then to sites
which were only impacted by one lead
emitting facility. Also, in cases where
more than one monitor was identified
within one mile of the same facility
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emitting 1 tpy or more of lead annually,
EPA only used the monitor measuring
the maximum lead concentration in the
analysis. In this manner, EPA identified
seven monitor-facility pairs meeting the
emissions and distance criteria. Using
data in the Air Quality System (AQS)
database (https://www.epa.gov/ttn/airs/
airsaqs/) for the years 2001–2003, EPA
developed an estimate of the maximum
3-month average lead concentration for
each monitoring site.2 Next, EPA
calculated a ratio of the maximum 3month average concentration to the
facility annual emissions (as identified
in the 2002 NEI) to provide an estimate
of the impact from the facility in units
of micrograms per meter cubed (μg/m 3)
per tpy. Dividing the level of the lead
NAAQS (0.15 μg/m 3) by this ratio
provides an estimate of the annual
emissions level for the facility which
would result in ambient lead
concentrations just meeting the lead
NAAQS, referred to here as a ‘‘sitespecific emission threshold’’ (see
Table 1).
TABLE 1—DATA USED TO ESTIMATE FACILITY IMPACTS BASED ON MONITORING DATA
Maximum 3month average
lead concentration
(μg/m 3)
011090003
171190010
290990013
340231003
420110717
471870100
480850009
NEI 2002 facility emission
rate
(tpy)
1.2
0.33
1.8
0.23
0.24
0.93
0.75
AQS site ID
4.5
1.3
58.8
1.7
4.8
2.6
3.2
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
This analysis shows that four of these
seven lead sources support an emission
threshold less than the emission
threshold of 1.0 tpy set by the final rule
on the revised lead NAAQS.
As part of the reconsideration, EPA
evaluated the stability and sensitivity of
the above analysis. To evaluate the
stability of the site-specific emission
threshold calculation, EPA performed
the same analysis for these same seven
facilities based on the emission
estimates from the 2002 and 2005 NEI
(Table 2) and estimated design values
Ratio
(μg/m 3-tpy)
0.27
0.25
0.03
0.14
0.05
0.36
0.23
Site-specific
emission
threshold (tpy)
0.56
0.59
4.90
1.11
3.00
0.42
0.64
(i.e., 3-month rolling average Pb
concentration as determined by 40 CFR
part 50 Appendix R) over the periods
2001–2003 and 2004–2006 (Table 3).
Table 4 summarizes the site-specific
emission thresholds calculated for these
periods.
TABLE 2—NEI EMISSION ESTIMATES
AQS site ID
011090003
171190010
290990013
340231003
420110717
471870100
480850009
.................
.................
.................
.................
.................
.................
.................
Facility name
NEI18383 ..................
NEI55848 ..................
NEI34412 ..................
NEINJ16031 ..............
NEI117 ......................
NEI715 ......................
NEI6493 ....................
Sanders Lead Co .............................................................................
National Steel Corp—Granite City Div ............................................
Doe Run Company, Herculaneum Smelter .....................................
Johnson Controls Battery Group Inc ...............................................
East Penn Mfg .................................................................................
Metalico-College Grove, Inc ............................................................
GNB Metals Div ...............................................................................
TABLE 3—ESTIMATED DESIGN VALUES
BASED ON ALTERNATIVE YEARS
2001–2003
design
value
(μg/m 3)
AQS site ID
2004–2006
design
value
(μg/m 3)
1.2
0.33
1.8
0.23
0.24
0.93
0.75
1.16
0.43
1.44
0.32
0.20
—4
0.77
TABLE 4—ESTIMATED SITE-SPECIFIC
EMISSION THRESHOLDS BASED ON
ALTERNATIVE YEARS
Site-specific emission
threshold
AQS site ID
2002
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011090003
171190010
290990013
340231003
420110717
471870100
480850009
........
........
........
........
........
........
........
2 The estimate of the maximum 3-month average
lead concentration for this analysis was completed
prior to promulgation of the final data handling
rules contained in 40 CFR Part 50 Appendix R. As
such, minor differences in the estimated maximum
3-month average lead concentration appear in the
estimates presented below for the same time period.
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2002 NEI
facility emission rate
(tpy)
NEI facility ID
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011090003
171190010
290990013
340231003
420110717
471870100
480850009
........
........
........
........
........
........
........
0.56
0.59
4.90
1.11
3.00
0.42
0.64
3 EPA notes that, for facilities where emissions
have dramatically decreased in recent years, reentrained lead from historical deposits may
influence the emission threshold calculation to a
greater extent than for facilities where lead
emissions have remained constant.
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4.5
1.3
58.8
1.7
4.8
2.6
3.2
4.44
0.90
28.09
1.34
1.88
2.55
3.18
TABLE 4—ESTIMATED SITE-SPECIFIC
EMISSION THRESHOLDS BASED ON
ALTERNATIVE YEARS—Continued
AQS site ID
2005
0.57
0.32
2.93
0.63
1.41
—4
0.62
2005 NEI
facility emission rate
(tpy)
Site-specific emission
threshold
2002
Minimum ...........
Median ..............
Maximum ..........
0.42
0.64
4.90
2005
0.32
0.62
2.93
Table 4 shows that, in most cases, the
calculated emission threshold remained
4 Monitoring data at this site did not meet the
minimum completeness requirements of 40 CFR
part 50 Appendix R for this time period. No design
value or site-specific emission factor was calculated
for this time period.
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fairly constant for a given facility over
time, in general, varying by a factor of
2 or less. Site-specific emission
thresholds varied from 0.32 tpy to 4.9
tpy with a median of 0.63 tpy.
EPA noted that these metrics may be
exaggerated by outliers due to the
limited number of facilities being
evaluated. As such, EPA looked at how
these metrics changed when the extreme
sites (i.e., the highest and lowest
emitting sources) were removed.
Excluding site 290990013 resulted in a
lowering of the upper range to 3 tpy and
the median to 0.62 tpy but did not affect
the minimum (0.32 tpy). Excluding site
171190010 increased the minimum to
0.42 and the median to 0.64 tpy but did
not affect the maximum.
In our discussion of the review, we
noted that four of the seven lead sources
used to determine an emission
threshold support an emission threshold
less than 1.0 tpy. Based on our review,
we concluded that lead sources emitting
less than 1.0 tpy of lead could cause or
contribute to an exceedence of the lead
NAAQS, and, as such, we proposed to
lower the emission threshold to 0.50 tpy
for all sources of lead. We requested
comment on setting the emission
threshold at a level above or below 0.50
tpy.
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B. Comments Received on SourceOriented Monitoring
We received 616 comments on our
proposal to lower the emission
threshold for all lead sources to 0.50
tpy. Of these comments, 601 were in
favor of the proposed change to the
emission threshold, four commenters
supported maintaining the current 1.0
tpy emission threshold, and three
commenters suggested emission
thresholds below 0.50 tpy. The
following paragraphs summarize the
significant comments received and our
responses to these comments.
The NRDC, on behalf of 20 additional
organizations and two individuals,5
supported our proposed revision of the
5 NRDC’s comments were submitted on behalf of
the National Resources Defense Council, the
Missouri Coalition for the Environment, Physicians
for Social Responsibility, the Coalition to End
Childhood Lead Poisoning, American Bottom
Conservancy, American Lung Association, Center
on Race, Poverty & the Environment, Citizens
Against Ruining the Environment, Clean Air
Council, East Michigan Environmental Action
Council, Learning Disabilities Association of
America, New York City Environmental Justice
Alliance, The Point, Public Interest Law Center of
Philadelphia’s Public Health and Environmental
Justice Project, Respiratory Health Association of
Metropolitan Chicago, Science and Environmental
Health Network, Trust for Lead Poisoning
Prevention, UPROSE, Utah Physicians for a Healthy
Environment, Leslie and Jack Warden, WEACT for
Environmental Justice and the Wasatch Clean Air
Coalition.
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13:10 Dec 23, 2010
Jkt 223001
emission threshold to 0.50 tpy, stating,
‘‘The latest and best available scientific
evidence supports the adoption of a
near-source monitoring threshold of
0.50 tons per year of lead to protect
public health with an adequate margin
of safety. The available evidence
demonstrates that facilities emitting 0.5
tons per year of lead or more have the
potential to contribute to a violation of
the NAAQS.’’ NRDC also states,
‘‘monitoring downwind of facilities that
emit between 0.5 and 1 tons per year of
lead is necessary to provide sufficient
information about airborne lead levels
near these facilities in order to
adequately enforce the NAAQS and to
protect health with an adequate margin
of safety.’’
The National Association of Clean Air
Agencies (NACAA) agreed there is
evidence that high levels of lead
exposure can occur near sources (other
than airports) emitting 0.50 tpy of lead
and supported the proposal to lower the
source-oriented emissions threshold to
0.50 tpy, stating that lowering the
threshold will help regulatory agencies
gather the data necessary for fully
implementing the lead NAAQS.
Northeast States for Coordinated Air
Use Management (NESCAUM) agreed
with the proposal to change the
emission threshold from 1.0 to 0.50 tpy
at lead sources (other than airports).
Other monitoring agencies that
supported the change to an emission
threshold of 0.50 tpy for industrial
sources include the states of Maine,
Illinois, and Wisconsin. In addition,
several hundred comments supporting
the change to a 0.50 tpy emission
threshold were received from
individuals as part of two mass
comment campaigns.
The Doe Run Company offered two
comments regarding the analysis used to
identify the emission threshold. In its
first comment, Doe Run questioned the
use of the median of the site-specific
emission thresholds rather than the
arithmetic average of the individual sitespecific emission thresholds. In
response, we chose to use the median
rather than the arithmetic average
because the median is more
representative of the central tendency of
the site-specific emission thresholds.
Outliers (values much higher or lower
than the rest of the data set) can
dramatically impact the arithmetic
average, whereas the median is less
affected by outliers. As can be seen in
Table 1 above, the site-specific emission
threshold calculated for site 290990013
is much higher than the rest of the sitespecific emission thresholds, appears to
be an outlier, and, as such, skews the
average to a level much higher than the
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81129
median (i.e., central tendency) of the
data. As can be seen, five of the seven
site-specific emission threshold
estimates (71 percent) are less than the
average. Since the emission threshold is
intended to represent an estimate of the
lowest lead emission rate that under
reasonable worst-case conditions (e.g.,
meteorological and emission release
conditions that lead to poor dispersion
and high lead concentrations) could
result in lead concentrations exceeding
the NAAQS (Cavender, 2008), setting
the emission threshold at a level that is
higher than the site-specific emission
thresholds for 71 percent of the sites
evaluated is inappropriate. As such, we
believe it is appropriate to use the
median of this data set rather than the
arithmetic mean to determine the
emission threshold.
Doe Run also questioned why we
limited the sites selected for the analysis
to sources that were estimated to emit
1 tpy or more of lead. In response, we
elected to only evaluate monitor-source
pairs where the source was estimated to
emit 1 tpy or more to better focus the
analysis on those monitor-source pairs
where the lead source was the primary
contributor to the ambient lead
concentrations. Based on our earlier
review of the existing ambient lead
measurements, we determined that even
in areas where there is no current
industrial source of lead, ambient lead
concentrations were typically in the
range of 0.02 to 0.03 μg/m3 (USEPA,
2007). This ‘‘urban background’’ level of
lead can impact the calculated sitespecific emission thresholds, and has a
higher impact as the source emissions
(and consequently ambient lead
concentrations) decrease. Therefore, we
elected to limit our analysis to monitorsource pairs where the source was
estimated to emit 1 tpy or more to
minimize the impact on the emission
threshold calculation from the ambient
lead concentration impacts that were
not due to the source’s lead emissions.
As can be seen in Table 1 above, the
lead concentrations around the sourcemonitor pairs used were considerably
higher than background, ranging from
0.23 to 1.8 μg/m3 on a 3-month rolling
average, and as such, by limiting the
analysis to sources with emissions
greater than 1 tpy, background Pb
concentrations had a small impact on
the emission threshold calculation.
C. Final Decision on Source-Oriented
Monitoring
Our review of the emission threshold
analyses reflects a greater certainty that
an emission source (other than airports
which is discussed separately below)
emitting 0.50 tpy or greater may cause
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ambient lead concentrations to
approach or exceed the lead NAAQS.
We believe it is necessary to lower the
emission threshold for industrial
sources to 0.50 tpy to better identify
areas where the lead NAAQS may be
exceeded. Therefore, we are revising the
emission threshold for industrial
sources to 0.50 tpy. Based on the 2005
NEI, 96 industrial facilities are
estimated to emit 0.50 tpy or more.6
Monitoring agencies will be required to
install and operate lead monitors at
these sources, demonstrate actual
emissions are less than 0.50 tpy based
on the more current emissions or
improved emission estimates, or request
a waiver if they can demonstrate that
the impact for the source will not
contribute to ambient lead
concentrations in excess of 50 percent of
the lead NAAQS (as allowed for under
40 CFR part 58 appendix D, paragraph
4.5(a)(ii)).
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V. Monitoring at Airport Facilities
We are maintaining a lead emission
threshold for airports of 1.0 tpy, and are
requiring a monitoring study at 15
airports with lead emission inventories
of 0.50 to 1.0 tpy that we have identified
as having characteristics that may cause
or contribute to ambient lead
concentrations that approach or exceed
the lead NAAQS. This section
summarizes what we proposed, the
comments we received and our response
to these comments, and our final
decision and rationale.
A. What We Proposed for Airport
Monitoring
We proposed to lower the emission
threshold for airport monitoring from
1.0 tpy to 0.50 tpy. We explained that
we had limited information on the
ambient lead impact from airports. We
identified one study conducted near the
Santa Monica airport which measured a
maximum 3-month average lead
concentration of 0.1 μg/m3 near the
runway blast fence (Cavender, 2009a).
Based on the 2002 lead emission
estimate for the Santa Monica airport of
0.4 tpy (USEPA, 2008), an estimated
site-specific emission threshold of 0.6
tpy was calculated using the same
procedures used to estimate a sitespecific emission threshold for
industrial sources [i.e., 0.15 μg/m3/(0.1
μg/m3/0.4 tpy) = 0.6 tpy]. We noted that
this site-specific emission threshold (0.6
tpy) falls within the lower end of the
range of specific emission thresholds
calculated for industrial sources above
6 Note the 2008 NEI will be available before
monitoring agencies will be required to develop
their revised lead monitoring plans.
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(0.32 to 4.9 tpy) and did not support the
case for different treatment of airports.
As such, we proposed to require
monitoring at airports that had an
estimated emission rate of 0.50 or more
tpy (or request a monitoring waiver as
allowed under 40 CFR part 58,
Appendix D, paragraph 4.5(a)(ii)).
We also requested information on
additional data that could be used in
setting a different emission threshold for
airports, and comments on whether we
should consider other factors or criteria
that might be useful in determining
whether a different approach is
appropriate for identifying those
airports that have the potential to cause
or contribute to ambient lead
concentrations approaching or
exceeding the lead NAAQS. We
provided one example of an alternative
where we could require monitoring at
airports that EPA determines have the
potential to cause or contribute to
increased ambient lead concentrations
approaching or exceeding the NAAQS
based on criteria including the
estimated lead emissions and other
factors such as the number of runways
where piston-engine aircraft operate.
B. Comments Received on Monitoring at
Airports
We received 16 comments on our
proposal to lower the emission
threshold for airport monitoring to 0.50
tpy. Of these, two commenters (on
behalf of 21 organizations and three
individuals) supported the proposed
lowering of the emission threshold, and
nine did not support the change. Five
additional commenters provided input
and advice for improving the emission
inventories for airports. The following
paragraphs summarize the significant
comments received and our responses to
these comments.
NRDC, on behalf of itself, 20
additional organizations and two
individuals, supported the change to a
0.50 tpy emission threshold for airports,
stating that the available evidence
supports a 0.50 tpy monitoring
threshold for airports. NRDC also stated
that because piston-engine powered
aircraft continue to be a significant
presence at general aviation airports,
these airports continue to be a source of
lead emissions with the potential to
result in lead concentrations in
exceedence of the NAAQS, and that
there is no evidence to support a
departure from the monitoring threshold
for industrial sources.
Based on the limited available
ambient lead concentration data near
airports, we agree that lead emissions
from some airports have the potential to
cause or contribute to exceedances of
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the lead NAAQS, and that lead
monitoring of airports is necessary to
ensure compliance with the lead
NAAQS. To identify airports that have
the greatest potential to cause or
contribute to increased ambient lead
concentrations approaching or violating
the NAAQS, we are applying a 0.50 tpy
emission threshold and additional
criteria as described further below in the
discussion of the airport monitoring
study.
A number of States and State
organizations commented against the
use of a 0.50 tpy emission threshold for
airports. NACAA urged EPA to develop
an airport monitoring study of general
aviation airports emitting more than 1.0
tpy of lead prior to the deployment of
a full airport monitoring program.
NACAA claimed that a study is
necessary in order to determine sound
sampling siting criteria and to evaluate
whether the 0.50 tpy threshold should
be applicable to airports. NESCAUM
commented that a 0.50 tpy threshold is
not appropriate for NAAQS monitoring
purposes at general aviation airports,
arguing that the airport study cited in
the Federal Register (74 FR 69054) does
not support the need for lowering the
monitoring threshold for general
aviation airports. NESCAUM claims the
study indicates that neither the Santa
Monica nor the Van Nuys airports
showed lead concentrations higher than
the Los Angeles basin average of 0.018
μg/m3 at sites beyond the airport
property. NESCAUM recommended that
the monitoring threshold for general
aviation airport lead monitoring remain
at 1.0 tpy. NESCAUM noted that based
on the draft 2008 NEI, a 1.0 tpy
threshold would require monitoring at
the eight largest general aviation
airports. NESCAUM suggests that EPA
reassess the need for additional lead
monitoring at smaller general aviation
airports in a future rulemaking based on
information gathered from monitoring of
the airports that emit 1.0 tpy or more.
The State of New York also commented
that the emission threshold for airports
should remain at 1.0 tpy and that the
data obtained from these airports should
be used to assess the need for additional
monitoring at airports. Other States,
including Florida, Michigan, and North
Carolina, suggested that an airport
monitoring study should be conducted
to gain information on the potential for
airports to exceed the lead NAAQS.
In response, we agree that there is
limited information available on which
to evaluate the potential for lead
emissions from piston-engine aircraft
operations at airports to exceed or
contribute to exceedances of the lead
NAAQS. However, we believe that lead
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emissions from piston-engine aircraft
operations at airports may cause
ambient lead concentrations to exceed
the lead NAAQS at some airports based
on the limited data available on ambient
lead concentrations at and near airports.
We also agree with the commenters that
an airport monitoring study would
provide useful information that could be
used to determine whether a revision to
the 1.0 tpy threshold for monitoring of
airports would be appropriate.
A number of States asserted that
monitoring should not be required at
airports because States do not have the
authority to require controls on aircraft
emissions that are not identical to EPA’s
standards, and regulatory authority to
reduce or eliminate lead emissions from
piston-engine aircraft resides with the
Federal Government. We understand
States are preempted by Clean Air Act
(CAA) section 233 from adopting or
attempting to enforce any standard for
aircraft or aircraft engine emissions that
is not identical to an EPA standard.
However, that does not negate the
responsibility to monitor sources of
criteria pollutants to identify whether
exceedences of the NAAQS are
occurring.
EPA has made some designations
under the 2008 Lead NAAQS and
anticipates making the remaining initial
designations under that standard by
October 2011. EPA does not anticipate
that the additional monitors required
under this rule would be installed and
operating in time to provide data for
consideration when EPA completes the
remaining initial designations under the
2008 Lead NAAQS. If EPA receives
monitoring data exceeding the NAAQS
after the date of initial designations,
EPA may determine whether to
undertake a redesignation to
nonattainment, issue a ‘‘SIP Call’’ under
section 110(k)(5), or take other
discretionary steps to ensure that an
area attains and maintains the NAAQS.
EPA recognizes that, if ambient air near
an airport was found to be exceeding the
standard, and EPA were to take such
discretionary action, there would be
limits under federal law as to the
measures a state could propose to adopt
in a state implementation plan. EPA
may take such limits into consideration
in determining what steps to take
following an exceedance of the
standard.
Separate from this Pb monitoring rule,
EPA is responding to a petition
submitted by Friends of the Earth (FOE)
requesting that EPA determine whether
Pb emissions from aircraft cause or
contribute to air pollution that may
reasonably be anticipated to endanger
public health or welfare. As part of this
work, EPA published in April 2010 an
Advance Notice of Proposed
Rulemaking (ANPR) on Lead Emissions
from Piston-Engine Aircraft Using
Leaded Aviation Gasoline. In this action
we described and requested comment
on the data available for evaluating lead
emissions, ambient concentrations and
potential exposure to lead from the use
of leaded aviation gasoline (avgas) in
piston-engine powered aircraft. This
ANPR also described considerations
regarding emission engine standards
and requested comment on approaches
for transitioning the piston-engine fleet
to unleaded avgas. The EPA and FAA
are working with industry to evaluate
alternatives to leaded avgas. As part of
this assessment, EPA and FAA are also
considering safety, fuel supply, and
economic impact issues including
effects on small business.
C. Final Decision on Airport Monitoring
We are maintaining the previously
promulgated 1.0 tpy monitoring
threshold for airports, rather than
promulgating the proposed lowering of
the threshold to 0.50 tpy, and are
requiring lead monitoring for a
minimum of one year at 15 additional
airports that we have identified as
having characteristics that could lead to
ambient lead concentrations
approaching or exceeding the lead
NAAQS. We are also revising the
provision regarding the Regional
Administrator’s (RA) authority (40 CFR
part 58, Appendix D, paragraph 4.5(c)),
which allows the RA to require
81131
additional lead monitoring at locations
where the RA suspects the lead NAAQS
may be exceeded, to clarify that this RA
authority also applies to airports. The
following paragraphs provide our
rationale for this approach to
monitoring of ambient lead
concentrations at airports.
As stated above and in the proposal
to this rulemaking, we believe that lead
emissions may approach or exceed the
lead NAAQS at some airports based on
the limited data available on ambient
lead concentrations at airports. As such,
we believe monitoring of airports is
necessary. However, in light of the
limited available data, and in
consideration of the comments we have
received, we believe that monitoring at
airports with certain characteristics (as
discussed below) is appropriate to
identify airports with the potential for
the highest ambient lead concentrations
that could approach or exceed the lead
NAAQS.
We agree with the comments that a
monitoring study should be conducted
to determine whether a revision to the
1.0 tpy threshold for monitoring airports
would be appropriate. We do not agree
with the comments that suggested the
study should be limited to airports that
emit 1.0 tpy or more, as airports
emitting 1.0 tpy or more of lead often
have much larger footprints and
multiple runways (characteristics that
we believe will result in lower ambient
lead concentration impacts per ton of
lead emitted) than many of the airports
in the 0.50 tpy to 1.0 tpy emissions
range. These differences would make
the information gathered at 1.0 tpy
airports less applicable to smaller
airports. Consequently, we are requiring
monitoring agencies to conduct
monitoring at 15 selected airports where
the most recent year of activity data
indicates lead emissions are above 0.50
tpy, but below 1.0 tpy, for a minimum
of one year as part of a monitoring study
(Hoyer, 2010).7 Details of the monitoring
study are provided below. Table 5 lists
the 15 selected airports for this
monitoring study.
TABLE 5—AIRPORTS SELECTED FOR MONITORING STUDY
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Airport
County
Merrill Field ........................................................................................................................................................
Pryor Field Regional ..........................................................................................................................................
Palo Alto Airport of Santa Clara County ...........................................................................................................
McClellan-Palomar ............................................................................................................................................
Reid-Hillview ......................................................................................................................................................
Gillespie Field ....................................................................................................................................................
San Carlos .........................................................................................................................................................
Anchorage ........................
Limestone .........................
Santa Clara ......................
San Diego ........................
Santa Clara ......................
San Diego ........................
San Mateo ........................
7 Airports selected for the monitoring study must
conduct ambient lead monitoring for the 12-month
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period of the study. Unlike other source-oriented
lead monitors, the waiver provision will not apply
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State
AK
AL
CA
CA
CA
CA
CA
to the short-term monitors in the airport monitoring
study.
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TABLE 5—AIRPORTS SELECTED FOR MONITORING STUDY—Continued
County
Nantucket Memorial ...........................................................................................................................................
Oakland County International ............................................................................................................................
Republic .............................................................................................................................................................
Brookhaven ........................................................................................................................................................
Stinson Municipal ..............................................................................................................................................
Northwest Regional ...........................................................................................................................................
Harvey Field ......................................................................................................................................................
Auburn Municipal ...............................................................................................................................................
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Airport
Nantucket .........................
Oakland ............................
Suffolk ..............................
Suffolk ..............................
Bexar ................................
Denton ..............................
Snohomish .......................
King ..................................
These airports were selected because
they have characteristics that we believe
will result in lead concentrations higher
than those at other airports with
estimated emission rates between 0.50
tpy and 1.0 tpy. Specifically, in addition
to having emissions greater than or
equal to 0.50 tpy and less than 1.0 tpy
(based on current emission inventories),
these airports have ambient air within
150 meters of the location of maximum
emissions (e.g., the end of a runway or
run-up location), and an airport
configuration and meteorological
scenario that leads to a greater
frequency of operations from one
runway. These characteristics were
selected because we expect that,
collectively, they allow us to identify
airports with the highest potential to
have ambient lead concentrations
approaching or exceeding the lead
NAAQS. A cutoff of 0.50 tpy was
selected because it was the proposed
emission threshold, and the higher the
emission rate, the higher the ambient
impact if all other factors are equal. We
selected a maximum distance to
ambient air from the location of
maximum emissions of 150 meters
because the available information
indicates that ambient lead
concentrations drop off quickly with
distance, and it is less likely that an
exceedence of the lead NAAQS will
occur at greater distances. Finally,
airport configuration and meteorology
were evaluated because the lead impacts
will be highest if the take-offs (and
therefore lead emissions) are conducted
at one or two runways. We evaluated
every airport in the draft 2008 NEI based
on these three characteristics and
identified the 15 airports listed in Table
5 as those airports most likely to have
the highest ambient lead impacts that
could lead to ambient lead
concentrations in excess of the lead
NAAQS.
As part of the airport monitoring
study, monitoring agencies will be
required to conduct lead monitoring for
a period of 12 consecutive months.
Monitors will be sited at the location of
estimated maximum lead concentration
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in ambient air, taking into account
logistical considerations and the
potential for population exposure. To
ensure that the results of the study will
be directly comparable to the lead
NAAQS, monitoring agencies will be
required to monitor using either Federal
Reference Method (FRM) or Federal
Equivalent Method (FEM) Pb-TSP
samplers, and will not be allowed to use
Pb-PM10 samplers for the study. Any
monitoring location that measures a
rolling 3-month average that exceeds 50
percent of the NAAQS as determined
according to 40 CFR part 50, Appendix
R during the monitoring study will
become a required monitor according to
40 CFR part 58 paragraph 4.5(c). Data
collected during the monitoring study
will be reported to the AQS according
to 40 CFR 58.16.
Data from this monitoring study will
be used to assess the need for additional
lead monitoring at airports. Under
EPA’s previously established
monitoring network requirements,
required source-oriented monitors that
read above 50 percent of the NAAQS
(0.075 μg/m3 on a rolling 3-month
average) may not be taken down or stop
operating (40 CFR part 58 Appendix D,
paragraph 4.5(a)(ii)). The purpose of that
provision is to ensure monitoring of an
area where ambient concentrations
could be of concern. EPA continues to
believe that this rationale is also
applicable to monitors at airports;
therefore, 40 CFR part 58 Appendix D,
paragraph 4.5(a)(ii) will apply to the
results of airport monitors that show
concentrations higher than 50 percent of
the NAAQS. Such monitors will remain
in operation, affected States will include
them in annual monitoring network
plans, and the monitors will become a
part of the State and local monitoring
network.
If after a review of the data from the
monitoring study we have information
that indicates additional airports may
have the potential to cause or contribute
to ambient lead concentrations that
exceed the lead NAAQS, we will
consider use of the RA authority to
require monitoring at additional airports
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State
MA
MI
NY
NY
TX
TX
WA
WA
where appropriate. Finally, data from
this study will be used in future lead
NAAQS reviews when considering
requirements for monitoring at airports.
VI. Non-Source-Oriented Monitoring
Requirements
We are revising the non-sourceoriented lead monitoring requirements.
We are requiring lead monitoring at
NCore sites in CBSA with a population
greater than 500,000 people in lieu of
the requirement for non-source-oriented
monitoring in each CBSA with a
population of 500,000 people or more.
This section summarizes what we
proposed, the comments we received
and our response to these comments,
and our final decision and rationale for
the revisions to the non-source-oriented
monitoring requirement.
A. What We Proposed for Non-Source
Oriented Monitoring
We proposed to replace the existing
requirement to have one non-sourceoriented monitor in each CBSA with a
population greater than 500,000 people
with the requirement to monitor lead at
NCore sites. We indicated that the
existing requirement was intended to
monitor non-inventoried lead sources
such as closed industrial sources,
hazardous waste sites, and construction
and demolition projects. We noted that
non-inventoried sources would be better
addressed under the existing sourceoriented monitoring requirements, and
that the existing RA authority could be
used to require source-oriented
monitoring at locations where it was
suspected that a non-inventoried source
was likely to cause an exceedence of the
lead NAAQS.
We discussed the original objectives
for non-source-oriented monitors (i.e.,
measuring typical neighborhood-scale
lead concentrations in urban areas so we
can better understand the risk posed by
lead to the general population and
provide information that could assist
with the determination of
nonattainment boundaries) and that
non-source-oriented sites are important
to support the development of long-term
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trends at typical concentrations sites.
We noted that these objectives match
those of the multi-pollutant NCore
network required under section 3 of
Appendix D to 40 CFR part 58. We also
noted that many NCore sites will have
the low-volume PM10 sampler
appropriate for conducting Pb-PM10
monitoring, reducing the cost and time
necessary to implement the non-sourceoriented monitoring requirements. Due
to the many advantages of including
lead monitoring at NCore sites rather
than having separate non-sourceoriented monitoring requirements, we
proposed to revise the existing nonsource-oriented monitoring
requirements (paragraph 4.5(b) of
Appendix D to 40 CFR part 58) to
require lead monitoring at all NCore
sites in place of the current CBSA
population-based requirements. Finally,
we requested comments on whether
lead monitoring should be required at
all NCore sites or only NCore sites in
large urban areas (e.g., in CBSA with a
population greater than 500,000 people).
B. Comments on Non-Source-Oriented
Monitoring
We received 13 comments on our
proposal to require lead monitoring at
NCore sites instead of the existing
requirement to have one non-sourceoriented monitor in each CBSA with a
population greater than 500,000 people.
Of these, three supported the proposed
change to require lead monitoring at all
NCore sites, six supported changing the
requirement to require lead monitoring
at only urban NCore sites, and no
comments supported maintaining the
existing non-source-oriented monitoring
requirement. In addition, two
commenters requested we provide
guidance on when the RA authority
should be used to require monitoring at
non-inventoried lead sources. The
following paragraphs summarize the
significant comments received and our
responses to these comments.
In their comments, NACAA supported
the proposal to conduct non-sourceoriented lead monitoring using the
NCore network but recommended that
EPA require monitoring only at NCore
sites located in larger urban areas (i.e.,
CBSA with a population greater than
500,000). NACAA indicated that doing
so would allow States to use their
limited resources to focus non-sourceoriented monitoring and control
strategies in the most sensitive areas.
NESCAUM commented that the
proposed inclusion of the rural NCore
sites is inconsistent with the monitoring
goal and would be a waste of State
resources. New York commented that in
many CBSA, the tentatively approved
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NCore monitoring location is probably
well suited for non-source-oriented
monitoring objectives, but that there is
no need to monitor lead at the rural
NCore sites. North Carolina commented
that using the NCore sites provides
efficient use of EPA and State resources
and provides data on background levels
of lead most cost-effectively. Wisconsin
supported population-oriented sites
located at urban NCore locations and
questioned monitoring at rural NCore
sites where concentrations likely will be
extremely low.
In their comments, NRDC supported
the inclusion of lead at all NCore sites
stating that it will provide valuable data
on multi-pollutant exposures in cities
and towns across the county. However,
they added that inclusion of lead at
NCore sites does not sufficiently address
all of the original objectives of the nonsource-oriented monitoring, and that the
RA authority is not adequate to ensure
that non-inventoried sources that have
the potential to exceed the NAAQS will
be monitored without additional
guidance to the States. They suggested
that the source-oriented monitoring
requirement should be revised to
provide additional guidance to States on
monitoring non-inventoried sources that
have the potential to exceed the
NAAQS. We agree that additional
guidance is needed on identifying
locations that have the potential to
exceed the lead NAAQS due to resuspension of deposited lead and, as
discussed below, are clarifying the
language for the RA authority provision
to include requiring monitoring of reentrained dust sources as well as other
sources of lead.
Several commenters suggested we
provide for the use of alternative sites
such as National Air Toxic Trends Sites
(NATTS) where measuring lead at
NCore is either impractical or the
alternative site would provide more
useful information on urban lead
concentrations. We note that lead
measurements taken at NATTS sites
would satisfy the objectives for nonsource-oriented monitoring.
Furthermore, we proposed to require
lead non-source-oriented monitoring at
NCore in part due to expected
efficiencies (i.e., use of the same
equipment needed for PM10–2.5 mass
measurements). We believe that the
requested flexibility is appropriate for
situations where non-NCore sites such
as NATTS sites can meet the nonsource-oriented monitoring objectives at
a lower cost to monitoring agencies.8
8 Note that some NATTS sites do not use FRM/
FEM methods. If a NATTS site is to be used to meet
the non-source-oriented monitoring requirement,
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81133
Two commenters noted that the nonsource-oriented lead monitoring sites
will be the only lead monitoring site in
many primary quality assurance
organizations (PQAO). The collocation
requirement in Appendix A to 40 CFR
part 58, paragraph 3.3.4.3, would
require these PQAO to collocate a
second lead monitor at each of the nonsource-oriented lead monitoring sites,
nearly doubling the cost of non-sourceoriented lead monitoring in these CBSA.
Both commenters questioned the need
for such extensive collocation when
lead concentrations are expected to be
well below the lead NAAQS at the nonsource-oriented lead monitoring sites.
We agree with the commenters that, as
currently written, the collocation
requirement would lead to an
unnecessarily high level of collocation
at the non-source-oriented monitoring
sites. We have modified the quality
assurance requirements to allow the 15
percent collocation requirement to be
based on the entire NCore network
rather than on a per PQAO basis which
is consistent with the PM10–2.5
collocation requirement for NCore sites.
C. Final Decision on Non-SourceOriented Monitoring
We are adding the requirement for
lead monitoring to the list of pollutants
to be monitored for NCore sites in CBSA
with a population of 500,000 people or
more and revoking the existing
requirement for non-source-oriented
monitoring (40 CFR part 58, Appendix
D, paragraph 4.5(b)). Also, we are
revoking the existing requirement to
conduct lead monitoring at 10 NCore
sites because it is redundant to the new
non-source-monitoring requirement
being promulgated today (40 CFR part
58, Appendix D, paragraph 3(c)). This
change will improve our ability to track
changes in typical urban lead
concentrations and provide useful
information on typical urban lead
exposures. In addition, we are revising
the RA authority (40 CFR part 58,
Appendix D, paragraph 4.5(c)) provision
to clarify that the RA may require
monitoring of re-entrained lead dust
sources which are expected to cause or
contribute to ambient lead
concentrations that may approach or
exceed the lead NAAQS. Finally, we are
revising the 15 percent collocation
requirement for non-source-oriented
lead monitors to be based on the entire
NCore network rather than based on
each PQAO.
the monitoring agency would be required to switch
to an FRM/FEM method.
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VII. Monitor Deployment Schedule
We are requiring that monitoring
agencies install and begin operation of
source-oriented monitors near lead
sources emitting 0.50 tpy or more but
less than 1.0 tpy, and at the 15 airports
identified for the airport monitoring
study by December 27, 2011. We are
requiring monitoring agencies to install
and begin operation of non-sourceoriented monitors at NCore sites (or
approved alternative sites) in CBSA
with a population of 500,000 people or
more by December 27, 2011. We are also
requiring that monitoring agencies
update their annual monitoring network
plans by July 1, 2011, to incorporate
plans for all required source-oriented
(including airports) and non-sourceoriented lead monitors. This section
summarizes what we proposed, the
comments we received and our response
to these comments, and our final
decision and rationale for the final
monitoring deployment schedule.
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A. What We Proposed for Monitor
Deployment Schedule
We proposed that monitoring agencies
would have six months from the
effective date of the final rule to update
their annual monitoring network plans.
The update would incorporate plans for
source-oriented monitors near lead
sources emitting 0.50 tpy or more, but
less than 1.0 tpy. We also proposed to
allow one year from the date of the final
rule for monitoring agencies to install
and begin operation of source-oriented
monitors near lead sources emitting 0.50
tpy or more, but less than 1.0 tpy. We
also requested comment on staggering
the monitor deployment over two years.
Note, we did not propose changes to the
existing schedules for updating plans
(July 1, 2009) and beginning operation
(January 1, 2010) of source-oriented
monitors near lead sources emitting 1.0
tpy or more.
We proposed to require monitoring
agencies to commence lead sampling at
NCore sites when NCore sites are to
become operational no later than
January 1, 2011. Monitoring agencies
must have installed and begun
operation of required NCore sites and
monitors (other than lead) by January 1,
2011. Many NCore sites will have the
necessary PM10 sampler needed to
conduct Pb-PM10 sampling due to the
existing requirement to conduct PM10–2.5
sampling. As such, we proposed to
require monitoring agencies to
commence lead sampling at NCore sites
when NCore sites are to become
operational no later than January 1,
2011.
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B. Comments on Monitor Deployment
Schedule
We received several comments on the
proposed monitoring deployment
schedule. Seven commenters supported
allowing for a longer deployment
period. NACAA recommended that
States’ new source-oriented monitoring
be deployed over a two year period
which would give State and local
agencies adequate time to adjust their
resources and ensure that new monitors
are properly sited and supported. Iowa
commented that any new sourceoriented monitors required under the
provisions of this rule should be
installed over a two year period, with
the first tier of source-oriented monitors
operational by January 2012, and the
second tier of monitors by January 2013.
Iowa states that this would allow States
adequate time to refine emissions
estimates by use of stack tests, to model
the refined estimates, and to attempt to
locate monitoring sites in the ‘‘hot spots’’
indentified by the modeling. Other
monitoring agencies requesting a
deployment period longer than one year
include Texas, New York, Illinois, and
Arkansas.
We recognize the difficulty
monitoring agencies will have in
deploying the newly required monitors.
However, as is discussed below, we
believe it is feasible for monitoring
agencies to deploy the monitors
necessary to comply with this final rule
within one year. We note that the
estimated number of new sites that
States will need to site and install (or
receive waivers for) in this final rule is
111,9 which is 50 less than the number
estimated based on the proposed rule.
Following the 2008 revision, monitoring
agencies were able to install
approximately 100 new lead sites, and
were granted waivers for an additional
35 sites. Based on the success and the
experience gained from the deployment
of the monitors to address the 2008
revision, we believe requiring up to 111
new sites to be sited and installed
within one year will not create an
excessive burden on monitoring
agencies.
One commenter requested that we
synchronize the dates of the required
revision to the lead monitoring plan
with the date for the existing annual
monitoring plan requirement. We
recognize the efficiency of having the
same dates for the revision to the lead
monitoring plan and required annual
9 The total number of newly required lead sites
is 174. However, this number includes 63 NCore
sites which have already been sited and installed
due to the existing requirements for installing and
operating NCore sites.
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monitoring plan. We also note that due
to the timing of this final rule, the
proposed deadline of 6-months
following the final rule (June 27, 2011)
is close to the deadline for the required
2011 annual monitoring network plans
(July 1, 2011). We agree that it is
appropriate to use the same date for the
two plans due to the proximity of the
two dates.
Several commenters noted a
discrepancy in the required dates in the
preamble to the proposed rule and the
proposed regulatory language. We note
that the proposed regulatory language
published in the Federal Register
inadvertently indicated dates for the
required plan and installation and
operation of new monitors based on the
date of the proposed rule. The preamble
correctly indicated that the proposed
dates would be based on the date the
final rule was published.
C. Final Decision on Monitoring
Deployment Schedule
We are requiring that monitoring
agencies install and begin operation of
source-oriented monitors near lead
sources emitting 0.50 tpy or more but
less than 1.0 tpy and at the 15 airports
identified for the airport monitoring
study by December 27, 2011, one year
from the date of publication of this final
rule. We estimate that monitoring
agencies will be required to site and
install up to 111 new source-oriented
monitors 10 based on the final
monitoring requirements. This number
is slightly higher than the 100 monitors
that have already been installed near
sources emitting 1.0 tpy or more. We
believe monitoring agencies can install
the newly required source-orientedmonitoring sites within one year of the
publication of this final rule especially
in light of the experience and success
achieved by monitoring agencies in
complying with the previous sourceoriented-monitoring requirement.
We are requiring monitoring agencies
to install and begin operation of nonsource-oriented monitors at NCore sites
in CBSA with a population of 500,000
people or more by December 27, 2011.
To allow monitoring agencies sufficient
time to plan for and install any
necessary equipment, we are allowing
monitoring agencies a reasonable time,
1 year, from the time of publication of
this final rule to comply with the nonsource-oriented monitoring
requirements.
We are also requiring that monitoring
agencies update their annual monitoring
10 The total number of new source oriented sites
installed will likely be less as this estimate does not
account for waivers.
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network plans by July 1, 2011, to
incorporate plans for all required
source-oriented (including airports) and
non-source-oriented lead monitoring.
This date is the same as the existing
requirement for States to submit their
2011 annual monitoring plan as
required by 40 CFR Part 58.10(a)(i).
VIII. References
Cavender, K. (2008). Development of Final
Source-oriented Monitoring Emission
Threshold. Memorandum to the Lead
NAAQS Review Docket. EPA–HQ–OAR–
2006–0735. Available online at: https://
www.epa.gov/ttnnaaqs/standards/lead/
data/20081015Cavender.pdf.
Cavender, K. (2009). Summary of Discussion
of Lead Monitoring Near Airports at
Spring 2009 NACAA Monitoring
Subcommittee Meeting. Memorandum to
the Lead NAAQS Review Docket. EPA–
HQ–OAR–2006–0735.
Hoyer, M. (2010). Selection of Airports for
Airport Monitoring Study. Memorandum
to the Lead NAAQS Review Docket.
EPA–HQ–OAR–2006–0735.
Jackson, L. (2009). Letter to petitioners. EPA–
HQ–OAR–2006–0735. Available online
at: https://www.epa.gov/air/lead/pdfs/
OAR.09.000.7687.pdf.
NRDC, et al. (2009). Petition to Reconsider.
EPA–HQ–OAR–2006–0735. Available
online at: https://www.epa.gov/air/lead/
pdfs/
0122009petitionReconsideration.pdf.
U.S. Environmental Protection Agency.
(2007) Policy Assessment of Scientific
and Technical Information: Final Staff
Paper. Available online at: https://
www.epa.gov/ttnnaaqs/standards/pb/
data/20071101_pb_staff.pdf.
U.S. Environmental Protection Agency.
(2008) Lead Emissions from the Use of
Leaded Aviation Gasoline in the United
States. EPA420–R–08–020. Available
online at: https://www.epa.gov/ttn/chief/
net/tsd_avgas_lead_inventory_2002.pdf.
White, J. (2010). Environmental Justice
Analysis for Revisions to Lead
Monitoring Requirements. Memorandum
to the Lead NAAQS Review Docket.
EPA–HQ–OAR–2006–0735.
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IX. Judicial Review
Under section 307(b)(1) of the CAA,
judicial review of this final rule is
available by filing a petition for review
in the U.S. Court of Appeals for the
District of Columbia Circuit by February
25, 2011. Moreover, under section
307(b)(2) of the CAA, the requirements
established by this action may not be
challenged separately in any civil or
criminal proceedings brought by EPA to
enforce these requirements.
X. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
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13:10 Dec 23, 2010
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‘‘significant regulatory action’’ because it
was deemed to ‘‘raise novel legal or
policy issues.’’ Accordingly, EPA
submitted this action to the Office of
Management and Budget (OMB) for
review under Executive Order 12866
and any changes made in response to
OMB recommendations have been
documented in the docket for this
action.
B. Paperwork Reduction Act
The information collection
requirements in this rule will be
submitted for approval to the OMB
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The information
collection requirements are not
enforceable until OMB approves them.
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 and ecosystem
impacts, to develop emissions control
strategies, and to measure progress for
the air pollution program. The final
amendments revise the technical
requirements for lead monitoring sites,
require the siting and operation of
additional lead ambient air monitors,
and the reporting of the collected
ambient lead monitoring data to EPA’s
AQS database. We have estimated the
burden based on the final monitoring
requirements of this rule. Based on
these requirements, the annual average
reporting burden for the collection
under 40 CFR part 58 (averaged over the
first 3 years of this Information
Collection Request(ICR)) for 100
respondents is estimated to increase by
a total of 1,726 labor hours per year with
an increase of $119,172 per year.
Burden is defined at 5 CFR 1320.3(b).
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. When
this ICR is approved by OMB, the
Agency will publish a technical
amendment to 40 CFR part 9 in the
Federal Register to display the OMB
control number for the approved
information collection requirements
contained in this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
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
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81135
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration (SBA) regulations at 13
CFR 121.21; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
This final rule will not impose any
requirements on small entities. Rather,
this rule establishes monitoring
requirements for State and local (where
applicable) monitoring agencies.
D. Unfunded Mandates Reform Act
This 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 amendments to 40 CFR part 58 are
estimated to increase the ambient air
monitoring costs by 22,376 labor hours
per year with an increase of $1,910,059
per year from present levels. Thus, this
rule is not subject to the requirements
of sections 202 or 205 of UMRA.
This rule is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments.
Small governments that may be affected
by the amendments are already meeting
similar requirements under the existing
rules, and the costs of changing the
network design requirements would be
borne, in part, by the federal
government through State assistance
grants.
E. Executive Order 13132: Federalism
This final rule does not have
federalism implications. It will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The rule does
not alter the relationship between the
federal government and the States
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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations
regarding the establishment and
implementation of air quality
improvement programs as codified in
the CAA. Thus, Executive Order 13132
does not apply to this rule. In the spirit
of Executive Order 13132, and
consistent with EPA policy to promote
communications between EPA and state
and local governments, EPA specifically
solicited comment on the proposed rule
from state and local officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). It does not have a substantial
direct effect on one or more Indian
tribes, since tribes are not obligated to
adopt or implement any NAAQS. Thus,
Executive Order 13175 does not apply
to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 F.R. 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
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H. Executive Order 13211: Actions
Concerning Regulations That
significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant energy
action’’ as defined in Executive Order
13211 (66 FR 28355 (May 22, 2001)),
because it is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. This rule
would result in an insignificant increase
in power consumption associated with
the additional power required to run
111 additional lead monitors
nationwide.
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, 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.,
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materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations.
Executive Order 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.
This proposed action revises the
ambient monitoring requirements for
measuring airborne lead. As such, the
rule does not establish an
environmental standard. Instead, by
lowering the emissions threshold from
1.0 tons per year (tpy) to 0.5 tpy used
to determine if an air quality monitor for
lead should be placed near an industrial
facility, this rule requires assessment of
compliance at smaller emissions
sources, and therefore effectively
strengthens the lead monitoring
requirements and, in turn, may increase
the public health protection provided by
the NAAQS itself. The rule maintains a
1.0 tpy emissions threshold for airports
and implements an airport monitoring
study to determine the need for
monitoring of airports which emit less
than 1.0 tpy of lead. The rule also
replaces the existing non-sourceoriented monitoring requirement for
lead monitoring in large urban areas
with a requirement that lead be added
to the list of pollutants to be monitored
at NCore sites in CBSA with a
population of 500,000 people or more.
These rule amendments are designed to
improve the lead monitoring network’s
capability to better assess compliance
with the revised NAAQS (73 FR 66964,
codified at 40 CFR part 58).
Pursuant to E.O. 12898 EPA has
undertaken to determine the aggregate
demographic makeup of the
communities potentially affected by this
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proposed rule revision. The EPA
focused its analysis on 111 industrial
sources of lead (e.g., lead smelters, and
foundries) impacted by the lowering of
the emissions threshold from 1.0 tpy to
0.5 tpy. The analytical approach, which
assumed ‘‘proximity-to-a-source’’ as a
surrogate for determining a population’s
potential exposure to lead emissions
from these sources, evaluated several
socio-demographic parameters and
compared them against the respective
national averages for the same
parameters.
The socio-demographic parameters
used in the analysis included estimates
of the percentage of the population near
the sources that were White, Minority
(i.e., all Non-White), African American,
Native American, Other/Multiracial,
and Hispanic. The study also evaluated
the percentages of the same populations
less than or equal to 18 years of age;
greater than or equal to 65 years of age;
and the total below poverty line.
The analysis determined the
composition of those census blocks that
lay within a circular distance of one
mile (or approximately 1.6 kilometers)
of affected sources with respect to the
selected socio-demographic parameters.
The study area radius (i.e., 1 mile) was
used because available data generally
indicate that lead emissions from such
sources are rapidly deposited and
ambient lead concentrations decline
quickly with distance from the emission
source.
The analysis indicated that the
aggregate population living within a
one-mile area around these sources
tends to have lower proportions of
Whites and higher proportions of
African-Americans, Hispanics, and
‘‘Other and Multi-racial’’ populations
than their respective national averages.
The Minority (i.e., total Non-White)
population in these areas is greater than
the national average (i.e., 29% versus
25% respectively). The Tribal
population percentages are similar for
both those living within the study area
and the national average (i.e., both
< 1%). The percentage of the population
of those living below the poverty line
within the area of study is higher than
the national average (i.e., 17% versus
13% respectively). However, the
percentage of the population less than
or equal to 18 years of age and the
percentage age 65 or older are similar
for those within the area of study and
the national average.
Based on the fact that this proposed
rule does not allow emission increases,
but promulgates revisions to existing
monitoring requirements that lower the
threshold at which monitoring by state
and local monitoring agencies would be
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required, the EPA has determined that
the proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or Tribal
populations. Furthermore, to the extent
that any minority, low-income, or Tribal
subpopulation is disproportionately
impacted by current lead emissions as a
result of the proximity to lead emissions
sources, that group also stands to benefit
from the improvement in compliance
with the lead NAAQS which will result
from this rule and thereby potentially
experience associated increases in
environmental and health benefits.
This proposed change is a ‘‘notice and
comment rulemaking’’ and public
involvement is encouraged. All
monitoring changes at the local level
will be documented in each state’s
monitoring plan and are available for
public review and comment. In
addition, EPA defines ‘‘Environmental
Justice’’ to include meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies. To promote meaningful
involvement, EPA has developed a
communication and outreach strategy to
ensure that interested communities have
access to this proposed rule, are aware
of its content, and have an opportunity
to comment during the comment period.
During the comment period, EPA will
publicize the rulemaking via EJ
newsletters, Tribal newsletters, EJ
listservs, and the internet, including the
Office of Policy (OP) Rulemaking
Gateway Web site (https://
yosemite.epa.gov/opei/RuleGate.nsf/).
EPA will also provide general
rulemaking fact sheets (e.g., why is this
important for my community) for EJ
community groups and conduct
conference calls with interested
communities.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
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is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective January 26, 2011.
List of Subjects in 40 CFR Part 58
Air pollution control, Ambient air
monitoring, Environmental protection,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: December 14, 2010.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble,
title 40, chapter I, part 58 of the Code
of Federal Regulations is amended as
follows:
■
PART 58—[AMENDED]
1. The authority citation for part 58 is
revised to read as follows:
■
Authority: 42 U.S.C. 7403, 7405, 7410,
7414, 7601, 7611, 7614, and 7619.
Subpart B—[Amended]
2. Section 58.10 is amended by
revising paragraph (a)(4) to read as
follows:
■
§ 58.10 Annual monitoring network plan
and periodic network assessment.
(a) * * *
(4) A plan for establishing sourceoriented Pb monitoring sites in
accordance with the requirements of
appendix D to this part for Pb sources
emitting 1.0 tpy or greater shall be
submitted to the EPA Regional
Administrator no later than July 1, 2009,
as part of the annual network plan
required in paragraph (a)(1) of this
section. The plan shall provide for the
required source-oriented Pb monitoring
sites for Pb sources emitting 1.0 tpy or
greater to be operational by January 1,
2010. A plan for establishing sourceoriented Pb monitoring sites in
accordance with the requirements of
appendix D to this part for Pb sources
emitting equal to or greater than 0.50
tpy but less than 1.0 tpy shall be
submitted to the EPA Regional
Administrator no later than July 1, 2011.
The plan shall provide for the required
source-oriented Pb monitoring sites for
Pb sources emitting equal to or greater
than 0.50 tpy but less than 1.0 tpy to be
operational by December 27, 2011.
*
*
*
*
*
■ 3. Section 58.13 is amended by
revising paragraph (a) to read as follows:
§ 58.13
Monitoring network completion.
(a) The network of NCore
multipollutant sites must be physically
established no later than January 1,
2011, and at that time, operating under
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81137
all of the requirements of this part,
including the requirements of
appendices A, C, D, E, and G to this
part. NCore sites required to conduct Pb
monitoring as required under 40 CFR
part 58 appendix D paragraph 3(b), or
approved alternative non-sourceoriented Pb monitoring sites, shall begin
Pb monitoring in accordance with all of
the requirements of this part, including
the requirements of appendices A, C, D,
E, and G to this part no later than
December 27, 2011.
*
*
*
*
*
■ 4. Appendix A to Part 58 is amended
by revising paragraph 3.3.4.3 to read as
follows:
Appendix A to Part 58—Quality
Assurance for SLAMS, SPMs, and PSD
Air Monitoring
*
*
*
*
*
3.3.4.3 Collocated Sampling. PQAO that
have a combination of source and nonsource–oriented sites (unless the only nonsource-oriented site is an NCore site) will
follow the procedures described in sections
3.3.1 of this appendix with the exception that
the first collocated Pb site selected must be
the site measuring the highest Pb
concentrations in the network. If the site is
impractical, alternative sites, approved by the
EPA Regional Administrator, may be
selected. If additional collocated sites are
necessary, collocated sites may be chosen
that reflect average ambient air Pb
concentrations in the network. The
collocated sampling requirements for PQAO
that only have Pb monitoring at a non-sourceoriented NCore site for sampling required
under 40 CFR 58, Appendix D, paragraph
4.5(b) shall be implemented as described in
section 3.2.6 of this appendix with the
exception that the collocated monitor will be
the same method designation as the primary
monitor.
*
*
*
*
*
5. Appendix D to Part 58 is amended
as follows:
■ a. By revising paragraph 3.(b)
introductory text,
■ b. By removing and reserving
paragraph 3.(c),
■ c. By revising paragraph 4.5.(a),
■ d. By revising paragraph 4.5.(b), and
■ e. By revising paragraph 4.5.(c).
■
Appendix D to Part 58—Network
Design Criteria for Ambient Air Quality
Monitoring
*
*
*
*
*
3. * * *
(b) The NCore sites must measure, at a
minimum, PM2.5 particle mass using
continuous and integrated/filter-based
samplers, speciated PM2.5, PM10–2.5 particle
mass, speciated PM10–2.5, O3, SO2, CO, NO/
NOy, wind speed, wind direction, relative
humidity, and ambient temperature. NCore
sites in CBSA with a population of 500,000
people (as determined in the latest Census)
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or greater shall also measure Pb either as PbTSP or Pb-PM10. The EPA Regional
Administrator may approve an alternative
location for the Pb measurement where the
alternative location would be more
appropriate for logistical reasons and the
measurement would provide data on typical
Pb concentrations in the CBSA.
*
*
*
*
*
*
*
(c) [Reserved.]
*
*
*
4.5 * * * (a) State and, where
appropriate, local agencies are required to
conduct ambient air Pb monitoring near Pb
sources which are expected to or have been
shown to contribute to a maximum Pb
concentration in ambient air in excess of the
NAAQS, taking into account the logistics and
potential for population exposure. At a
minimum, there must be one source-oriented
SLAMS site located to measure the maximum
Pb concentration in ambient air resulting
from each non-airport Pb source which emits
0.50 or more tons per year and from each
airport which emits 1.0 or more tons per year
based on either the most recent National
Emission Inventory (https://www.epa.gov/ttn/
chief/eiinformation.html) or other
scientifically justifiable methods and data
(such as improved emissions factors or sitespecific data) taking into account logistics
and the potential for population exposure.
(i) One monitor may be used to meet the
requirement in paragraph 4.5(a) for all
sources involved when the location of the
maximum Pb concentration due to one Pb
source is expected to also be impacted by Pb
emissions from a nearby source (or multiple
sources). This monitor must be sited, taking
into account logistics and the potential for
population exposure, where the Pb
concentration from all sources combined is
expected to be at its maximum.
(ii) The Regional Administrator may waive
the requirement in paragraph 4.5(a) for
monitoring near Pb sources if the State or,
where appropriate, local agency can
demonstrate the Pb source will not contribute
to a maximum Pb concentration in ambient
air in excess of 50 percent of the NAAQS
(based on historical monitoring data,
modeling, or other means). The waiver must
be renewed once every 5 years as part of the
network assessment required under
§ 58.10(d).
(iii) State and, where appropriate, local
agencies are required to conduct ambient air
Pb monitoring near each of the airports listed
in Table D–3A for a period of 12 consecutive
months commencing no later than December
27, 2011. Monitors shall be sited to measure
the maximum Pb concentration in ambient
air, taking into account logistics and the
potential for population exposure, and shall
use an approved Pb-TSP Federal Reference
Method or Federal Equivalent Method. Any
monitor that exceeds 50 percent of the Pb
NAAQS on a rolling 3-month average (as
determined according to 40 CFR part 50,
Appendix R) shall become a required
monitor under paragraph 4.5(c) of this
Appendix, and shall continue to monitor for
Pb unless a waiver is granted allowing it to
stop operating as allowed by the provisions
in paragraph 4.5(a)(ii) of this appendix. Data
collected shall be submitted to the Air
Quality System database according to the
requirements of 40 CFR part 58.16.
TABLE D–3A AIRPORTS TO BE MONITORED FOR LEAD
County
Merrill Field ........................................................................................................................................................
Pryor Field Regional ..........................................................................................................................................
Palo Alto Airport of Santa Clara County ...........................................................................................................
McClellan-Palomar ............................................................................................................................................
Reid-Hillview ......................................................................................................................................................
Gillespie Field ....................................................................................................................................................
San Carlos .........................................................................................................................................................
Nantucket Memorial ...........................................................................................................................................
Oakland County International ............................................................................................................................
Republic .............................................................................................................................................................
Brookhaven ........................................................................................................................................................
Stinson Municipal ..............................................................................................................................................
Northwest Regional ...........................................................................................................................................
Harvey Field ......................................................................................................................................................
Auburn Municipal ...............................................................................................................................................
erowe on DSK5CLS3C1PROD with RULES
Airport
Anchorage ........................
Limestone .........................
Santa Clara ......................
San Diego ........................
Santa Clara ......................
San Diego ........................
San Mateo ........................
Nantucket .........................
Oakland ............................
Suffolk ..............................
Suffolk ..............................
Bexar ................................
Denton ..............................
Snohomish .......................
King ..................................
(b) State and, where appropriate, local
agencies are required to conduct non-sourceoriented Pb monitoring at each NCore site
required under paragraph 3 of this appendix
in a CBSA with a population of 500,000 or
more.
(c) The EPA Regional Administrator may
require additional monitoring beyond the
minimum monitoring requirements
contained in paragraphs 4.5(a) and 4.5(b)
where the likelihood of Pb air quality
violations is significant or where the
emissions density, topography, or population
locations are complex and varied. EPA
Regional Administrators may require
additional monitoring at locations including,
but not limited to, those near existing
additional industrial sources of Pb, recently
closed industrial sources of Pb, airports
where piston-engine aircraft emit Pb, and
other sources of re-entrained Pb dust.
*
*
*
*
*
[FR Doc. 2010–32153 Filed 12–23–10; 8:45 am]
BILLING CODE 6560–50–P
VerDate Mar<15>2010
13:10 Dec 23, 2010
Jkt 223001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 484
[CMS–1510–CN2]
RIN 0938–AP88
Medicare Program; Home Health
Prospective Payment System Rate
Update for Calendar Year 2011;
Changes in Certification Requirements
for Home Health Agencies and
Hospices
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
AGENCY:
This document corrects a
technical error that appeared in the
November 17, 2010 Federal Register
SUMMARY:
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
State
AK
AL
CA
CA
CA
CA
CA
MA
MI
NY
NY
TX
TX
WA
WA
entitled ‘‘Medicare Program; Home
Health Prospective Payment System
Rate Update for Calendar Year 2011;
Changes in Certification Requirements
for Home Health Agencies and
Hospices’’ final rule (75 FR 70372).
DATES: Effective Date: This correction is
effective January 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Sharon Ventura, (410) 786–1985.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2010–27778 of November
17, 2010 (75 FR 70372), there was a
technical error that this notice serves to
identify and correct. The provisions of
this notice are effective as if they had
been included in the ‘‘Medicare
Program; Home Health Prospective
Payment System Rate Update for
Calendar Year 2011; Changes in
Certification Requirements for Home
Health Agencies and Hospices’’ final
E:\FR\FM\27DER1.SGM
27DER1
Agencies
[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Pages 81126-81138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32153]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 58
[EPA-HQ-OAR-2006-0735; FRL-9241-8]
RIN 2060-AP77
Revisions to Lead Ambient Air Monitoring Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA issued a final rule on November 12, 2008, (effective
date January 12, 2009) that revised the primary and secondary National
Ambient Air Quality Standards (NAAQS) for lead and associated
monitoring requirements. On December 30, 2009, EPA proposed revisions
to the lead monitoring requirements. This action promulgates revisions
to the monitoring requirements pertaining to where State and local
monitoring agencies (``monitoring agencies'') would be required to
conduct lead monitoring.
DATES: This final rule is effective on January 26, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2006-0735. All documents in the docket are listed on the
https://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
the Revisions to Lead Ambient Air Monitoring Requirements Docket,
Docket ID No. EPA-OAR-2006-0735, EPA Docket Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. This Docket
Facility is open from 8:30 a.m. to 4:30 p.m. Monday through Friday
excluding legal holidays. The docket telephone number is (202) 566-
1742. 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.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Air Quality
Assessment Division, Office of Air Quality Planning and Standards
(C304-06), Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number (919) 541-2364; fax number (919)
541-1903; e-mail address: cavender.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Does this action apply to me?
II. Where can I obtain a copy of this action?
III. Background
IV. Source-Oriented Monitoring Requirements
A. What We Proposed for Source-Oriented Monitoring
B. Comments Received on Source-Oriented Monitoring
C. Final Decision on Source-Oriented Monitoring
V. Monitoring at Airport Facilities
A. What We Proposed for Airport Monitoring
B. Comments Received on Monitoring at Airports
C. Final Decision on Airport Monitoring
VI. Non-Source-Oriented Monitoring Requirements
A. What We Proposed for Non-Source-Oriented Monitoring
B. Comments on Non-Source-Oriented Monitoring
C. Final Decision on Non-Source-Oriented Monitoring
VII. Monitor Deployment Schedule
A. What We Proposed for Monitor Deployment Schedule
B. Comments on Monitor Deployment Schedule
C. Final Decision on Monitoring Deployment Schedule
VIII. References
IX. Judicial Review
X. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
[[Page 81127]]
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Does this action apply to me?
This action applies to State, territorial, and local air quality
management programs that are responsible for ambient air monitoring
under 40 CFR part 58. This action may also affect tribes that conduct
ambient air monitoring similar to that conducted by States and that
wish EPA to use their monitoring data in the same manner as State
monitoring data.
Categories and entities potentially regulated by this action
include:
------------------------------------------------------------------------
NAICS code
Category \a\
------------------------------------------------------------------------
State/territorial/local/tribal government................... 924110
------------------------------------------------------------------------
\a\ North American Industry Classification System.
II. Where can I obtain a copy of this action?
In addition to being available in the docket, an electronic copy of
this rule will also be available on the Worldwide Web through the
Technology Transfer Network (TTN). Following the Administrator's
signature, a copy of the final rule will be placed on the TTN's policy
and guidance page for newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control.
III. Background
The EPA issued a final rule on November 12, 2008, that revised the
NAAQS for lead and associated ambient air lead monitoring requirements
(73 FR 66964, codified at 40 CFR part 58). As part of the lead
monitoring requirements, monitoring agencies are required to monitor
ambient air near lead sources which are expected to or have been shown
to have a potential to contribute to a 3-month average lead
concentration in ambient air in excess of the level of the NAAQS. At a
minimum, the 2008 rule required monitoring agencies to monitor near
lead sources that emit 1.0 ton per year (tpy) or more. However, the
2008 rule allows this requirement to be waived by the EPA Regional
Administrator if the monitoring agency can demonstrate that the source
will not contribute to a 3-month average lead concentration in ambient
air in excess of 50 percent of the level of the NAAQS (based on
historical monitoring data, modeling, or other means).
Monitoring agencies were also required by the 2008 rule to conduct
lead monitoring in large urban areas (identified as Core Based
Statistical Areas, or CBSA, as defined by the Office of Management and
Budget (OMB)) with a population of 500,000 people or more. The
locations for these monitoring sites are intended to measure
neighborhood-scale lead concentrations in urban areas impacted by
resuspended dust from roadways, closed industrial sources which
previously were significant sources of lead, hazardous waste sites,
construction and demolition projects, or other fugitive dust sources of
lead.
Following promulgation of the revised lead NAAQS and monitoring
requirements, the Natural Resources Defense Council (NRDC), the
Missouri Coalition for the Environment Foundation, Physicians for
Social Responsibility, and Coalition to End Childhood Lead Poisoning
(``the Petitioners'') petitioned (NRDC, 2009) EPA to reconsider the
lead emission rate at which monitoring is required (the ``emission
threshold,'' set at 1.0 tpy by the 2008 rule).\1\ On July 22, 2009, EPA
granted the petition to reconsider aspects of the monitoring
requirements (Jackson, 2009). In response to the petition, EPA reviewed
and reconsidered the monitoring requirements and on December 30, 2009,
EPA proposed revisions to the requirements for both source-oriented and
non-source-oriented monitoring for lead (74 FR 69050). We proposed to
lower the emission threshold at which monitoring would be required (or
a waiver granted) to 0.50 tpy, to require lead monitoring at NCore
sites, and remove the existing CBSA-based non-source-oriented
monitoring requirement. The comment period ended February 16, 2010.
This action promulgates changes to the lead monitoring requirements
reflecting our consideration of the comments received on the proposed
revisions.
---------------------------------------------------------------------------
\1\ The Petitioners also filed a legal challenge to the
monitoring provisions of the final lead NAAQS rule. See Missouri
Coalition for the Environment, et al. v. EPA, (DC Cir. No. 09-1009).
That litigation has been held in abeyance pending completion of
EPA's reconsideration.
---------------------------------------------------------------------------
IV. Source-Oriented Monitoring Requirements
We are finalizing revisions to the source-oriented monitoring
requirements. Specifically, we are lowering the emission threshold from
1.0 tpy to 0.50 tpy for industrial sources of lead (e.g., lead smelters
and foundries). However, as discussed more thoroughly in Section V, we
are maintaining the emission threshold for airports at 1.0 tpy, and
implementing an airport monitoring study to determine the need for
monitoring of airports which emit less than 1.0 tpy of lead. The
following paragraphs discuss what we proposed, the comments we
received, and our rationale for our final decisions regarding the
emission thresholds in response to the petition for reconsideration.
A. What We Proposed for Source-Oriented Monitoring
An emission threshold is used to identify lead emission sources
which should be monitored because their emissions may cause or
contribute to ambient lead concentrations that exceed the lead NAAQS.
Monitoring agencies are required to conduct source-oriented lead
monitoring (unless a waiver is granted as allowed by 40 CFR part 58
Appendix D, paragraph 4.5(a)(ii)) to measure the maximum lead
concentration in ambient air resulting from each lead source which
emits lead at a rate equal to or more than the emission threshold. The
emission threshold for the revised NAAQS was first set at 1.0 tpy as
part of the October 2008 lead NAAQS revisions (73 FR 66964, codified at
40 CFR part 58). On December 30, 2009, we proposed to lower the
emission threshold from 1.0 tpy to 0.50 tpy (74 FR 69050).
We based our proposed revision on a review of the analyses
conducted to identify an appropriate emission threshold at the time of
final NAAQS revision. The analyses and our review are documented in the
preamble to the proposed monitoring revisions (74 FR 69052).
Specifically, we re-evaluated one of the analyses that EPA believed
provided the best information on the potential impact of lead sources
on ambient lead concentrations. This analysis used source-monitor pairs
to estimate the lowest emission rate at which an industrial facility
could exceed the lead NAAQS (Cavender 2008). In this analysis, source-
oriented lead monitors within one mile of a lead source (identified
from the 2002 National Emissions Inventory (NEI)) were identified. This
group of sites was then narrowed down to sites near facilities emitting
1 tpy or more of lead into the ambient air, and then to sites which
were only impacted by one lead emitting facility. Also, in cases where
more than one monitor was identified within one mile of the same
facility
[[Page 81128]]
emitting 1 tpy or more of lead annually, EPA only used the monitor
measuring the maximum lead concentration in the analysis. In this
manner, EPA identified seven monitor-facility pairs meeting the
emissions and distance criteria. Using data in the Air Quality System
(AQS) database (https://www.epa.gov/ttn/airs/airsaqs/) for the years
2001-2003, EPA developed an estimate of the maximum 3-month average
lead concentration for each monitoring site.\2\ Next, EPA calculated a
ratio of the maximum 3-month average concentration to the facility
annual emissions (as identified in the 2002 NEI) to provide an estimate
of the impact from the facility in units of micrograms per meter cubed
([micro]g/m \3\) per tpy. Dividing the level of the lead NAAQS (0.15
[micro]g/m \3\) by this ratio provides an estimate of the annual
emissions level for the facility which would result in ambient lead
concentrations just meeting the lead NAAQS, referred to here as a
``site-specific emission threshold'' (see Table 1).
---------------------------------------------------------------------------
\2\ The estimate of the maximum 3-month average lead
concentration for this analysis was completed prior to promulgation
of the final data handling rules contained in 40 CFR Part 50
Appendix R. As such, minor differences in the estimated maximum 3-
month average lead concentration appear in the estimates presented
below for the same time period.
Table 1--Data Used To Estimate Facility Impacts Based on Monitoring Data
----------------------------------------------------------------------------------------------------------------
Maximum 3-
month average NEI 2002 Site-specific
AQS site ID lead facility Ratio ([mu]g/ emission
concentration emission rate m \3\-tpy) threshold
([mu]g/m \3\) (tpy) (tpy)
----------------------------------------------------------------------------------------------------------------
011090003....................................... 1.2 4.5 0.27 0.56
171190010....................................... 0.33 1.3 0.25 0.59
290990013....................................... 1.8 58.8 0.03 4.90
340231003....................................... 0.23 1.7 0.14 1.11
420110717....................................... 0.24 4.8 0.05 3.00
471870100....................................... 0.93 2.6 0.36 0.42
480850009....................................... 0.75 3.2 0.23 0.64
----------------------------------------------------------------------------------------------------------------
This analysis shows that four of these seven lead sources support
an emission threshold less than the emission threshold of 1.0 tpy set
by the final rule on the revised lead NAAQS.
As part of the reconsideration, EPA evaluated the stability and
sensitivity of the above analysis. To evaluate the stability of the
site-specific emission threshold calculation, EPA performed the same
analysis for these same seven facilities based on the emission
estimates from the 2002 and 2005 NEI (Table 2) and estimated design
values (i.e., 3-month rolling average Pb concentration as determined by
40 CFR part 50 Appendix R) over the periods 2001-2003 and 2004-2006
(Table 3). Table 4 summarizes the site-specific emission thresholds
calculated for these periods.
Table 2--NEI Emission Estimates
----------------------------------------------------------------------------------------------------------------
2002 NEI 2005 NEI
facility facility
AQS site ID NEI facility ID Facility name emission emission
rate (tpy) rate (tpy)
----------------------------------------------------------------------------------------------------------------
011090003...................... NEI18383....................... Sanders Lead Co..... 4.5 4.44
171190010...................... NEI55848....................... National Steel Corp-- 1.3 0.90
Granite City Div.
290990013...................... NEI34412....................... Doe Run Company, 58.8 28.09
Herculaneum Smelter.
340231003...................... NEINJ16031..................... Johnson Controls 1.7 1.34
Battery Group Inc.
420110717...................... NEI117......................... East Penn Mfg....... 4.8 1.88
471870100...................... NEI715......................... Metalico-College 2.6 2.55
Grove, Inc.
480850009...................... NEI6493........................ GNB Metals Div...... 3.2 3.18
----------------------------------------------------------------------------------------------------------------
Table 3--Estimated Design Values Based on Alternative Years
------------------------------------------------------------------------
2001-2003 2004-2006
design design
AQS site ID value value
([mu]g/m ([mu]g/m
\3\) \3\)
------------------------------------------------------------------------
011090003..................................... 1.2 1.16
171190010..................................... 0.33 0.43
290990013..................................... 1.8 1.44
340231003..................................... 0.23 0.32
420110717..................................... 0.24 0.20
471870100..................................... 0.93 --\4\
480850009..................................... 0.75 0.77
------------------------------------------------------------------------
Table 4--Estimated Site-Specific Emission Thresholds Based on
Alternative Years
------------------------------------------------------------------------
Site-specific emission
threshold
AQS site ID -------------------------
2002 2005
------------------------------------------------------------------------
011090003..................................... 0.56 0.57
171190010..................................... 0.59 0.32
290990013..................................... 4.90 2.93
340231003..................................... 1.11 0.63
420110717..................................... 3.00 1.41
471870100..................................... 0.42 --\4\
480850009..................................... 0.64 0.62
Minimum....................................... 0.42 0.32
Median........................................ 0.64 0.62
Maximum....................................... 4.90 2.93
------------------------------------------------------------------------
Table 4 shows that, in most cases, the calculated emission
threshold remained
[[Page 81129]]
fairly constant for a given facility over time, in general, varying by
a factor of 2 or less. Site-specific emission thresholds varied from
0.32 tpy to 4.9 tpy with a median of 0.63 tpy.
---------------------------------------------------------------------------
\3\ EPA notes that, for facilities where emissions have
dramatically decreased in recent years, re-entrained lead from
historical deposits may influence the emission threshold calculation
to a greater extent than for facilities where lead emissions have
remained constant.
\4\ Monitoring data at this site did not meet the minimum
completeness requirements of 40 CFR part 50 Appendix R for this time
period. No design value or site-specific emission factor was
calculated for this time period.
---------------------------------------------------------------------------
EPA noted that these metrics may be exaggerated by outliers due to
the limited number of facilities being evaluated. As such, EPA looked
at how these metrics changed when the extreme sites (i.e., the highest
and lowest emitting sources) were removed. Excluding site 290990013
resulted in a lowering of the upper range to 3 tpy and the median to
0.62 tpy but did not affect the minimum (0.32 tpy). Excluding site
171190010 increased the minimum to 0.42 and the median to 0.64 tpy but
did not affect the maximum.
In our discussion of the review, we noted that four of the seven
lead sources used to determine an emission threshold support an
emission threshold less than 1.0 tpy. Based on our review, we concluded
that lead sources emitting less than 1.0 tpy of lead could cause or
contribute to an exceedence of the lead NAAQS, and, as such, we
proposed to lower the emission threshold to 0.50 tpy for all sources of
lead. We requested comment on setting the emission threshold at a level
above or below 0.50 tpy.
B. Comments Received on Source-Oriented Monitoring
We received 616 comments on our proposal to lower the emission
threshold for all lead sources to 0.50 tpy. Of these comments, 601 were
in favor of the proposed change to the emission threshold, four
commenters supported maintaining the current 1.0 tpy emission
threshold, and three commenters suggested emission thresholds below
0.50 tpy. The following paragraphs summarize the significant comments
received and our responses to these comments.
The NRDC, on behalf of 20 additional organizations and two
individuals,\5\ supported our proposed revision of the emission
threshold to 0.50 tpy, stating, ``The latest and best available
scientific evidence supports the adoption of a near-source monitoring
threshold of 0.50 tons per year of lead to protect public health with
an adequate margin of safety. The available evidence demonstrates that
facilities emitting 0.5 tons per year of lead or more have the
potential to contribute to a violation of the NAAQS.'' NRDC also
states, ``monitoring downwind of facilities that emit between 0.5 and 1
tons per year of lead is necessary to provide sufficient information
about airborne lead levels near these facilities in order to adequately
enforce the NAAQS and to protect health with an adequate margin of
safety.''
---------------------------------------------------------------------------
\5\ NRDC's comments were submitted on behalf of the National
Resources Defense Council, the Missouri Coalition for the
Environment, Physicians for Social Responsibility, the Coalition to
End Childhood Lead Poisoning, American Bottom Conservancy, American
Lung Association, Center on Race, Poverty & the Environment,
Citizens Against Ruining the Environment, Clean Air Council, East
Michigan Environmental Action Council, Learning Disabilities
Association of America, New York City Environmental Justice
Alliance, The Point, Public Interest Law Center of Philadelphia's
Public Health and Environmental Justice Project, Respiratory Health
Association of Metropolitan Chicago, Science and Environmental
Health Network, Trust for Lead Poisoning Prevention, UPROSE, Utah
Physicians for a Healthy Environment, Leslie and Jack Warden, WEACT
for Environmental Justice and the Wasatch Clean Air Coalition.
---------------------------------------------------------------------------
The National Association of Clean Air Agencies (NACAA) agreed there
is evidence that high levels of lead exposure can occur near sources
(other than airports) emitting 0.50 tpy of lead and supported the
proposal to lower the source-oriented emissions threshold to 0.50 tpy,
stating that lowering the threshold will help regulatory agencies
gather the data necessary for fully implementing the lead NAAQS.
Northeast States for Coordinated Air Use Management (NESCAUM) agreed
with the proposal to change the emission threshold from 1.0 to 0.50 tpy
at lead sources (other than airports). Other monitoring agencies that
supported the change to an emission threshold of 0.50 tpy for
industrial sources include the states of Maine, Illinois, and
Wisconsin. In addition, several hundred comments supporting the change
to a 0.50 tpy emission threshold were received from individuals as part
of two mass comment campaigns.
The Doe Run Company offered two comments regarding the analysis
used to identify the emission threshold. In its first comment, Doe Run
questioned the use of the median of the site-specific emission
thresholds rather than the arithmetic average of the individual site-
specific emission thresholds. In response, we chose to use the median
rather than the arithmetic average because the median is more
representative of the central tendency of the site-specific emission
thresholds. Outliers (values much higher or lower than the rest of the
data set) can dramatically impact the arithmetic average, whereas the
median is less affected by outliers. As can be seen in Table 1 above,
the site-specific emission threshold calculated for site 290990013 is
much higher than the rest of the site-specific emission thresholds,
appears to be an outlier, and, as such, skews the average to a level
much higher than the median (i.e., central tendency) of the data. As
can be seen, five of the seven site-specific emission threshold
estimates (71 percent) are less than the average. Since the emission
threshold is intended to represent an estimate of the lowest lead
emission rate that under reasonable worst-case conditions (e.g.,
meteorological and emission release conditions that lead to poor
dispersion and high lead concentrations) could result in lead
concentrations exceeding the NAAQS (Cavender, 2008), setting the
emission threshold at a level that is higher than the site-specific
emission thresholds for 71 percent of the sites evaluated is
inappropriate. As such, we believe it is appropriate to use the median
of this data set rather than the arithmetic mean to determine the
emission threshold.
Doe Run also questioned why we limited the sites selected for the
analysis to sources that were estimated to emit 1 tpy or more of lead.
In response, we elected to only evaluate monitor-source pairs where the
source was estimated to emit 1 tpy or more to better focus the analysis
on those monitor-source pairs where the lead source was the primary
contributor to the ambient lead concentrations. Based on our earlier
review of the existing ambient lead measurements, we determined that
even in areas where there is no current industrial source of lead,
ambient lead concentrations were typically in the range of 0.02 to 0.03
[mu]g/m\3\ (USEPA, 2007). This ``urban background'' level of lead can
impact the calculated site-specific emission thresholds, and has a
higher impact as the source emissions (and consequently ambient lead
concentrations) decrease. Therefore, we elected to limit our analysis
to monitor-source pairs where the source was estimated to emit 1 tpy or
more to minimize the impact on the emission threshold calculation from
the ambient lead concentration impacts that were not due to the
source's lead emissions. As can be seen in Table 1 above, the lead
concentrations around the source-monitor pairs used were considerably
higher than background, ranging from 0.23 to 1.8 [mu]g/m\3\ on a 3-
month rolling average, and as such, by limiting the analysis to sources
with emissions greater than 1 tpy, background Pb concentrations had a
small impact on the emission threshold calculation.
C. Final Decision on Source-Oriented Monitoring
Our review of the emission threshold analyses reflects a greater
certainty that an emission source (other than airports which is
discussed separately below) emitting 0.50 tpy or greater may cause
[[Page 81130]]
ambient lead concentrations to approach or exceed the lead NAAQS. We
believe it is necessary to lower the emission threshold for industrial
sources to 0.50 tpy to better identify areas where the lead NAAQS may
be exceeded. Therefore, we are revising the emission threshold for
industrial sources to 0.50 tpy. Based on the 2005 NEI, 96 industrial
facilities are estimated to emit 0.50 tpy or more.\6\ Monitoring
agencies will be required to install and operate lead monitors at these
sources, demonstrate actual emissions are less than 0.50 tpy based on
the more current emissions or improved emission estimates, or request a
waiver if they can demonstrate that the impact for the source will not
contribute to ambient lead concentrations in excess of 50 percent of
the lead NAAQS (as allowed for under 40 CFR part 58 appendix D,
paragraph 4.5(a)(ii)).
---------------------------------------------------------------------------
\6\ Note the 2008 NEI will be available before monitoring
agencies will be required to develop their revised lead monitoring
plans.
---------------------------------------------------------------------------
V. Monitoring at Airport Facilities
We are maintaining a lead emission threshold for airports of 1.0
tpy, and are requiring a monitoring study at 15 airports with lead
emission inventories of 0.50 to 1.0 tpy that we have identified as
having characteristics that may cause or contribute to ambient lead
concentrations that approach or exceed the lead NAAQS. This section
summarizes what we proposed, the comments we received and our response
to these comments, and our final decision and rationale.
A. What We Proposed for Airport Monitoring
We proposed to lower the emission threshold for airport monitoring
from 1.0 tpy to 0.50 tpy. We explained that we had limited information
on the ambient lead impact from airports. We identified one study
conducted near the Santa Monica airport which measured a maximum 3-
month average lead concentration of 0.1 [mu]g/m\3\ near the runway
blast fence (Cavender, 2009a). Based on the 2002 lead emission estimate
for the Santa Monica airport of 0.4 tpy (USEPA, 2008), an estimated
site-specific emission threshold of 0.6 tpy was calculated using the
same procedures used to estimate a site-specific emission threshold for
industrial sources [i.e., 0.15 [mu]g/m\3\/(0.1 [mu]g/m\3\/0.4 tpy) =
0.6 tpy]. We noted that this site-specific emission threshold (0.6 tpy)
falls within the lower end of the range of specific emission thresholds
calculated for industrial sources above (0.32 to 4.9 tpy) and did not
support the case for different treatment of airports. As such, we
proposed to require monitoring at airports that had an estimated
emission rate of 0.50 or more tpy (or request a monitoring waiver as
allowed under 40 CFR part 58, Appendix D, paragraph 4.5(a)(ii)).
We also requested information on additional data that could be used
in setting a different emission threshold for airports, and comments on
whether we should consider other factors or criteria that might be
useful in determining whether a different approach is appropriate for
identifying those airports that have the potential to cause or
contribute to ambient lead concentrations approaching or exceeding the
lead NAAQS. We provided one example of an alternative where we could
require monitoring at airports that EPA determines have the potential
to cause or contribute to increased ambient lead concentrations
approaching or exceeding the NAAQS based on criteria including the
estimated lead emissions and other factors such as the number of
runways where piston-engine aircraft operate.
B. Comments Received on Monitoring at Airports
We received 16 comments on our proposal to lower the emission
threshold for airport monitoring to 0.50 tpy. Of these, two commenters
(on behalf of 21 organizations and three individuals) supported the
proposed lowering of the emission threshold, and nine did not support
the change. Five additional commenters provided input and advice for
improving the emission inventories for airports. The following
paragraphs summarize the significant comments received and our
responses to these comments.
NRDC, on behalf of itself, 20 additional organizations and two
individuals, supported the change to a 0.50 tpy emission threshold for
airports, stating that the available evidence supports a 0.50 tpy
monitoring threshold for airports. NRDC also stated that because
piston-engine powered aircraft continue to be a significant presence at
general aviation airports, these airports continue to be a source of
lead emissions with the potential to result in lead concentrations in
exceedence of the NAAQS, and that there is no evidence to support a
departure from the monitoring threshold for industrial sources.
Based on the limited available ambient lead concentration data near
airports, we agree that lead emissions from some airports have the
potential to cause or contribute to exceedances of the lead NAAQS, and
that lead monitoring of airports is necessary to ensure compliance with
the lead NAAQS. To identify airports that have the greatest potential
to cause or contribute to increased ambient lead concentrations
approaching or violating the NAAQS, we are applying a 0.50 tpy emission
threshold and additional criteria as described further below in the
discussion of the airport monitoring study.
A number of States and State organizations commented against the
use of a 0.50 tpy emission threshold for airports. NACAA urged EPA to
develop an airport monitoring study of general aviation airports
emitting more than 1.0 tpy of lead prior to the deployment of a full
airport monitoring program. NACAA claimed that a study is necessary in
order to determine sound sampling siting criteria and to evaluate
whether the 0.50 tpy threshold should be applicable to airports.
NESCAUM commented that a 0.50 tpy threshold is not appropriate for
NAAQS monitoring purposes at general aviation airports, arguing that
the airport study cited in the Federal Register (74 FR 69054) does not
support the need for lowering the monitoring threshold for general
aviation airports. NESCAUM claims the study indicates that neither the
Santa Monica nor the Van Nuys airports showed lead concentrations
higher than the Los Angeles basin average of 0.018 [mu]g/m\3\ at sites
beyond the airport property. NESCAUM recommended that the monitoring
threshold for general aviation airport lead monitoring remain at 1.0
tpy. NESCAUM noted that based on the draft 2008 NEI, a 1.0 tpy
threshold would require monitoring at the eight largest general
aviation airports. NESCAUM suggests that EPA reassess the need for
additional lead monitoring at smaller general aviation airports in a
future rulemaking based on information gathered from monitoring of the
airports that emit 1.0 tpy or more. The State of New York also
commented that the emission threshold for airports should remain at 1.0
tpy and that the data obtained from these airports should be used to
assess the need for additional monitoring at airports. Other States,
including Florida, Michigan, and North Carolina, suggested that an
airport monitoring study should be conducted to gain information on the
potential for airports to exceed the lead NAAQS.
In response, we agree that there is limited information available
on which to evaluate the potential for lead emissions from piston-
engine aircraft operations at airports to exceed or contribute to
exceedances of the lead NAAQS. However, we believe that lead
[[Page 81131]]
emissions from piston-engine aircraft operations at airports may cause
ambient lead concentrations to exceed the lead NAAQS at some airports
based on the limited data available on ambient lead concentrations at
and near airports. We also agree with the commenters that an airport
monitoring study would provide useful information that could be used to
determine whether a revision to the 1.0 tpy threshold for monitoring of
airports would be appropriate.
A number of States asserted that monitoring should not be required
at airports because States do not have the authority to require
controls on aircraft emissions that are not identical to EPA's
standards, and regulatory authority to reduce or eliminate lead
emissions from piston-engine aircraft resides with the Federal
Government. We understand States are preempted by Clean Air Act (CAA)
section 233 from adopting or attempting to enforce any standard for
aircraft or aircraft engine emissions that is not identical to an EPA
standard. However, that does not negate the responsibility to monitor
sources of criteria pollutants to identify whether exceedences of the
NAAQS are occurring.
EPA has made some designations under the 2008 Lead NAAQS and
anticipates making the remaining initial designations under that
standard by October 2011. EPA does not anticipate that the additional
monitors required under this rule would be installed and operating in
time to provide data for consideration when EPA completes the remaining
initial designations under the 2008 Lead NAAQS. If EPA receives
monitoring data exceeding the NAAQS after the date of initial
designations, EPA may determine whether to undertake a redesignation to
nonattainment, issue a ``SIP Call'' under section 110(k)(5), or take
other discretionary steps to ensure that an area attains and maintains
the NAAQS. EPA recognizes that, if ambient air near an airport was
found to be exceeding the standard, and EPA were to take such
discretionary action, there would be limits under federal law as to the
measures a state could propose to adopt in a state implementation plan.
EPA may take such limits into consideration in determining what steps
to take following an exceedance of the standard.
Separate from this Pb monitoring rule, EPA is responding to a
petition submitted by Friends of the Earth (FOE) requesting that EPA
determine whether Pb emissions from aircraft cause or contribute to air
pollution that may reasonably be anticipated to endanger public health
or welfare. As part of this work, EPA published in April 2010 an
Advance Notice of Proposed Rulemaking (ANPR) on Lead Emissions from
Piston-Engine Aircraft Using Leaded Aviation Gasoline. In this action
we described and requested comment on the data available for evaluating
lead emissions, ambient concentrations and potential exposure to lead
from the use of leaded aviation gasoline (avgas) in piston-engine
powered aircraft. This ANPR also described considerations regarding
emission engine standards and requested comment on approaches for
transitioning the piston-engine fleet to unleaded avgas. The EPA and
FAA are working with industry to evaluate alternatives to leaded avgas.
As part of this assessment, EPA and FAA are also considering safety,
fuel supply, and economic impact issues including effects on small
business.
C. Final Decision on Airport Monitoring
We are maintaining the previously promulgated 1.0 tpy monitoring
threshold for airports, rather than promulgating the proposed lowering
of the threshold to 0.50 tpy, and are requiring lead monitoring for a
minimum of one year at 15 additional airports that we have identified
as having characteristics that could lead to ambient lead
concentrations approaching or exceeding the lead NAAQS. We are also
revising the provision regarding the Regional Administrator's (RA)
authority (40 CFR part 58, Appendix D, paragraph 4.5(c)), which allows
the RA to require additional lead monitoring at locations where the RA
suspects the lead NAAQS may be exceeded, to clarify that this RA
authority also applies to airports. The following paragraphs provide
our rationale for this approach to monitoring of ambient lead
concentrations at airports.
As stated above and in the proposal to this rulemaking, we believe
that lead emissions may approach or exceed the lead NAAQS at some
airports based on the limited data available on ambient lead
concentrations at airports. As such, we believe monitoring of airports
is necessary. However, in light of the limited available data, and in
consideration of the comments we have received, we believe that
monitoring at airports with certain characteristics (as discussed
below) is appropriate to identify airports with the potential for the
highest ambient lead concentrations that could approach or exceed the
lead NAAQS.
We agree with the comments that a monitoring study should be
conducted to determine whether a revision to the 1.0 tpy threshold for
monitoring airports would be appropriate. We do not agree with the
comments that suggested the study should be limited to airports that
emit 1.0 tpy or more, as airports emitting 1.0 tpy or more of lead
often have much larger footprints and multiple runways (characteristics
that we believe will result in lower ambient lead concentration impacts
per ton of lead emitted) than many of the airports in the 0.50 tpy to
1.0 tpy emissions range. These differences would make the information
gathered at 1.0 tpy airports less applicable to smaller airports.
Consequently, we are requiring monitoring agencies to conduct
monitoring at 15 selected airports where the most recent year of
activity data indicates lead emissions are above 0.50 tpy, but below
1.0 tpy, for a minimum of one year as part of a monitoring study
(Hoyer, 2010).\7\ Details of the monitoring study are provided below.
Table 5 lists the 15 selected airports for this monitoring study.
---------------------------------------------------------------------------
\7\ Airports selected for the monitoring study must conduct
ambient lead monitoring for the 12-month period of the study. Unlike
other source-oriented lead monitors, the waiver provision will not
apply to the short-term monitors in the airport monitoring study.
Table 5--Airports Selected for Monitoring Study
------------------------------------------------------------------------
Airport County State
------------------------------------------------------------------------
Merrill Field..................... Anchorage............ AK
Pryor Field Regional.............. Limestone............ AL
Palo Alto Airport of Santa Clara Santa Clara.......... CA
County.
McClellan-Palomar................. San Diego............ CA
Reid-Hillview..................... Santa Clara.......... CA
Gillespie Field................... San Diego............ CA
San Carlos........................ San Mateo............ CA
[[Page 81132]]
Nantucket Memorial................ Nantucket............ MA
Oakland County International...... Oakland.............. MI
Republic.......................... Suffolk.............. NY
Brookhaven........................ Suffolk.............. NY
Stinson Municipal................. Bexar................ TX
Northwest Regional................ Denton............... TX
Harvey Field...................... Snohomish............ WA
Auburn Municipal.................. King................. WA
------------------------------------------------------------------------
These airports were selected because they have characteristics that
we believe will result in lead concentrations higher than those at
other airports with estimated emission rates between 0.50 tpy and 1.0
tpy. Specifically, in addition to having emissions greater than or
equal to 0.50 tpy and less than 1.0 tpy (based on current emission
inventories), these airports have ambient air within 150 meters of the
location of maximum emissions (e.g., the end of a runway or run-up
location), and an airport configuration and meteorological scenario
that leads to a greater frequency of operations from one runway. These
characteristics were selected because we expect that, collectively,
they allow us to identify airports with the highest potential to have
ambient lead concentrations approaching or exceeding the lead NAAQS. A
cutoff of 0.50 tpy was selected because it was the proposed emission
threshold, and the higher the emission rate, the higher the ambient
impact if all other factors are equal. We selected a maximum distance
to ambient air from the location of maximum emissions of 150 meters
because the available information indicates that ambient lead
concentrations drop off quickly with distance, and it is less likely
that an exceedence of the lead NAAQS will occur at greater distances.
Finally, airport configuration and meteorology were evaluated because
the lead impacts will be highest if the take-offs (and therefore lead
emissions) are conducted at one or two runways. We evaluated every
airport in the draft 2008 NEI based on these three characteristics and
identified the 15 airports listed in Table 5 as those airports most
likely to have the highest ambient lead impacts that could lead to
ambient lead concentrations in excess of the lead NAAQS.
As part of the airport monitoring study, monitoring agencies will
be required to conduct lead monitoring for a period of 12 consecutive
months. Monitors will be sited at the location of estimated maximum
lead concentration in ambient air, taking into account logistical
considerations and the potential for population exposure. To ensure
that the results of the study will be directly comparable to the lead
NAAQS, monitoring agencies will be required to monitor using either
Federal Reference Method (FRM) or Federal Equivalent Method (FEM) Pb-
TSP samplers, and will not be allowed to use Pb-PM10
samplers for the study. Any monitoring location that measures a rolling
3-month average that exceeds 50 percent of the NAAQS as determined
according to 40 CFR part 50, Appendix R during the monitoring study
will become a required monitor according to 40 CFR part 58 paragraph
4.5(c). Data collected during the monitoring study will be reported to
the AQS according to 40 CFR 58.16.
Data from this monitoring study will be used to assess the need for
additional lead monitoring at airports. Under EPA's previously
established monitoring network requirements, required source-oriented
monitors that read above 50 percent of the NAAQS (0.075 [mu]g/m\3\ on a
rolling 3-month average) may not be taken down or stop operating (40
CFR part 58 Appendix D, paragraph 4.5(a)(ii)). The purpose of that
provision is to ensure monitoring of an area where ambient
concentrations could be of concern. EPA continues to believe that this
rationale is also applicable to monitors at airports; therefore, 40 CFR
part 58 Appendix D, paragraph 4.5(a)(ii) will apply to the results of
airport monitors that show concentrations higher than 50 percent of the
NAAQS. Such monitors will remain in operation, affected States will
include them in annual monitoring network plans, and the monitors will
become a part of the State and local monitoring network.
If after a review of the data from the monitoring study we have
information that indicates additional airports may have the potential
to cause or contribute to ambient lead concentrations that exceed the
lead NAAQS, we will consider use of the RA authority to require
monitoring at additional airports where appropriate. Finally, data from
this study will be used in future lead NAAQS reviews when considering
requirements for monitoring at airports.
VI. Non-Source-Oriented Monitoring Requirements
We are revising the non-source-oriented lead monitoring
requirements. We are requiring lead monitoring at NCore sites in CBSA
with a population greater than 500,000 people in lieu of the
requirement for non-source-oriented monitoring in each CBSA with a
population of 500,000 people or more. This section summarizes what we
proposed, the comments we received and our response to these comments,
and our final decision and rationale for the revisions to the non-
source-oriented monitoring requirement.
A. What We Proposed for Non-Source Oriented Monitoring
We proposed to replace the existing requirement to have one non-
source-oriented monitor in each CBSA with a population greater than
500,000 people with the requirement to monitor lead at NCore sites. We
indicated that the existing requirement was intended to monitor non-
inventoried lead sources such as closed industrial sources, hazardous
waste sites, and construction and demolition projects. We noted that
non-inventoried sources would be better addressed under the existing
source-oriented monitoring requirements, and that the existing RA
authority could be used to require source-oriented monitoring at
locations where it was suspected that a non-inventoried source was
likely to cause an exceedence of the lead NAAQS.
We discussed the original objectives for non-source-oriented
monitors (i.e., measuring typical neighborhood-scale lead
concentrations in urban areas so we can better understand the risk
posed by lead to the general population and provide information that
could assist with the determination of nonattainment boundaries) and
that non-source-oriented sites are important to support the development
of long-term
[[Page 81133]]
trends at typical concentrations sites. We noted that these objectives
match those of the multi-pollutant NCore network required under section
3 of Appendix D to 40 CFR part 58. We also noted that many NCore sites
will have the low-volume PM10 sampler appropriate for
conducting Pb-PM10 monitoring, reducing the cost and time
necessary to implement the non-source-oriented monitoring requirements.
Due to the many advantages of including lead monitoring at NCore sites
rather than having separate non-source-oriented monitoring
requirements, we proposed to revise the existing non-source-oriented
monitoring requirements (paragraph 4.5(b) of Appendix D to 40 CFR part
58) to require lead monitoring at all NCore sites in place of the
current CBSA population-based requirements. Finally, we requested
comments on whether lead monitoring should be required at all NCore
sites or only NCore sites in large urban areas (e.g., in CBSA with a
population greater than 500,000 people).
B. Comments on Non-Source-Oriented Monitoring
We received 13 comments on our proposal to require lead monitoring
at NCore sites instead of the existing requirement to have one non-
source-oriented monitor in each CBSA with a population greater than
500,000 people. Of these, three supported the proposed change to
require lead monitoring at all NCore sites, six supported changing the
requirement to require lead monitoring at only urban NCore sites, and
no comments supported maintaining the existing non-source-oriented
monitoring requirement. In addition, two commenters requested we
provide guidance on when the RA authority should be used to require
monitoring at non-inventoried lead sources. The following paragraphs
summarize the significant comments received and our responses to these
comments.
In their comments, NACAA supported the proposal to conduct non-
source-oriented lead monitoring using the NCore network but recommended
that EPA require monitoring only at NCore sites located in larger urban
areas (i.e., CBSA with a population greater than 500,000). NACAA
indicated that doing so would allow States to use their limited
resources to focus non-source-oriented monitoring and control
strategies in the most sensitive areas. NESCAUM commented that the
proposed inclusion of the rural NCore sites is inconsistent with the
monitoring goal and would be a waste of State resources. New York
commented that in many CBSA, the tentatively approved NCore monitoring
location is probably well suited for non-source-oriented monitoring
objectives, but that there is no need to monitor lead at the rural
NCore sites. North Carolina commented that using the NCore sites
provides efficient use of EPA and State resources and provides data on
background levels of lead most cost-effectively. Wisconsin supported
population-oriented sites located at urban NCore locations and
questioned monitoring at rural NCore sites where concentrations likely
will be extremely low.
In their comments, NRDC supported the inclusion of lead at all
NCore sites stating that it will provide valuable data on multi-
pollutant exposures in cities and towns across the county. However,
they added that inclusion of lead at NCore sites does not sufficiently
address all of the original objectives of the non-source-oriented
monitoring, and that the RA authority is not adequate to ensure that
non-inventoried sources that have the potential to exceed the NAAQS
will be monitored without additional guidance to the States. They
suggested that the source-oriented monitoring requirement should be
revised to provide additional guidance to States on monitoring non-
inventoried sources that have the potential to exceed the NAAQS. We
agree that additional guidance is needed on identifying locations that
have the potential to exceed the lead NAAQS due to re-suspension of
deposited lead and, as discussed below, are clarifying the language for
the RA authority provision to include requiring monitoring of re-
entrained dust sources as well as other sources of lead.
Several commenters suggested we provide for the use of alternative
sites such as National Air Toxic Trends Sites (NATTS) where measuring
lead at NCore is either impractical or the alternative site would
provide more useful information on urban lead concentrations. We note
that lead measurements taken at NATTS sites would satisfy the
objectives for non-source-oriented monitoring. Furthermore, we proposed
to require lead non-source-oriented monitoring at NCore in part due to
expected efficiencies (i.e., use of the same equipment needed for
PM10-2.5 mass measurements). We believe that the requested
flexibility is appropriate for situations where non-NCore sites such as
NATTS sites can meet the non-source-oriented monitoring objectives at a
lower cost to monitoring agencies.\8\
---------------------------------------------------------------------------
\8\ Note that some NATTS sites do not use FRM/FEM methods. If a
NATTS site is to be used to meet the non-source-oriented monitoring
requirement, the monitoring agency would be required to switch to an
FRM/FEM method.
---------------------------------------------------------------------------
Two commenters noted that the non-source-oriented lead monitoring
sites will be the only lead monitoring site in many primary quality
assurance organizations (PQAO). The collocation requirement in Appendix
A to 40 CFR part 58, paragraph 3.3.4.3, would require these PQAO to
collocate a second lead monitor at each of the non-source-oriented lead
monitoring sites, nearly doubling the cost of non-source-oriented lead
monitoring in these CBSA. Both commenters questioned the need for such
extensive collocation when lead concentrations are expected to be well
below the lead NAAQS at the non-source-oriented lead monitoring sites.
We agree with the commenters that, as currently written, the
collocation requirement would lead to an unnecessarily high level of
collocation at the non-source-oriented monitoring sites. We have
modified the quality assurance requirements to allow the 15 percent
collocation requirement to be based on the entire NCore network rather
than on a per PQAO basis which is consistent with the
PM10-2.5 collocation requirement for NCore sites.
C. Final Decision on Non-Source-Oriented Monitoring
We are adding the requirement for lead monitoring to the list of
pollutants to be monitored for NCore sites in CBSA with a population of
500,000 people or more and revoking the existing requirement for non-
source-oriented monitoring (40 CFR part 58, Appendix D, paragraph
4.5(b)). Also, we are revoking the existing requirement to conduct lead
monitoring at 10 NCore sites because it is redundant to the new non-
source-monitoring requirement being promulgated today (40 CFR part 58,
Appendix D, paragraph 3(c)). This change will improve our ability to
track changes in typical urban lead concentrations and provide useful
information on typical urban lead exposures. In addition, we are
revising the RA authority (40 CFR part 58, Appendix D, paragraph
4.5(c)) provision to clarify that the RA may require monitoring of re-
entrained lead dust sources which are expected to cause or contribute
to ambient lead concentrations that may approach or exceed the lead
NAAQS. Finally, we are revising the 15 percent collocation requirement
for non-source-oriented lead monitors to be based on the entire NCore
network rather than based on each PQAO.
[[Page 81134]]
VII. Monitor Deployment Schedule
We are requiring that monitoring agencies install and begin
operation of source-oriented monitors near lead sources emitting 0.50
tpy or more but less than 1.0 tpy, and at the 15 airports identified
for the airport monitoring study by December 27, 2011. We are requiring
monitoring agencies to install and begin operation of non-source-
oriented monitors at NCore sites (or approved alternative sites) in
CBSA with a population of 500,000 people or more by December 27, 2011.
We are also requiring that monitoring agencies update their annual
monitoring network plans by July 1, 2011, to incorporate plans for all
required source-oriented (including airports) and non-source-oriented
lead monitors. This section summarizes what we proposed, the comments
we received and our response to these comments, and our final decision
and rationale for the final monitoring deployment schedule.
A. What We Proposed for Monitor Deployment Schedule
We proposed that monitoring agencies would have six months from the
effective date of the final rule to update their annual monitoring
network plans. The update would incorporate plans for source-oriented
monitors near lead sources emitting 0.50 tpy or more, but less than 1.0
tpy. We also proposed to allow one year from the date of the final rule
for monitoring agencies to install and begin operation of source-
oriented monitors near lead sources emitting 0.50 tpy or more, but less
than 1.0 tpy. We also requested comment on staggering the monitor
deployment over two years. Note, we did not propose changes to the
existing schedules for updating plans (July 1, 2009) and beginning
operation (January 1, 2010) of source-oriented monitors near lead
sources emitting 1.0 tpy or more.
We proposed to require monitoring agencies to commence lead
sampling at NCore sites when NCore sites are to become operational no
later than January 1, 2011. Monitoring agencies must have installed and
begun operation of required NCore sites and monitors (other than lead)
by January 1, 2011. Many NCore sites will have the necessary
PM10 sampler needed to conduct Pb-PM10 sampling
due to the existing requirement to conduct PM10-2.5
sampling. As such, we proposed to require monitoring agencies to
commence lead sampling at NCore sites when NCore sites are to become
operational no later than January 1, 2011.
B. Comments on Monitor Deployment Schedule
We received several comments on the proposed monitoring deployment
schedule. Seven commenters supported allowing for a longer deployment
period. NACAA recommended that States' new source-oriented monitoring
be deployed over a two year period which would give State and local
agencies adequate time to adjust their resources and ensure that new
monitors are properly sited and supported. Iowa commented that any new
source-oriented monitors required under the provisions of this rule
should be installed over a two year period, with the first tier of
source-oriented monitors operational by January 2012, and the second
tier of monitors by January 2013. Iowa states that this would allow
States adequate time to refine emissions estimates by use of stack
tests, to model the refined estimates, and to attempt to locate
monitoring sites in the ``hot spots'' indentified by the modeling.
Other monitoring agencies requesting a deployment period longer than
one year include Texas, New York, Illinois, and Arkansas.
We recognize the difficulty monitoring agencies will have in
deploying the newly required monitors. However, as is discussed below,
we believe it is feasible for monitoring agencies to deploy the
monitors necessary to comply with this final rule within one year. We
note that the estimated number of new sites that States will need to
site and install (or receive waivers for) in this final rule is 111,\9\
which is 50 less than the number estimated based on the proposed rule.
Following the 2008 revision, monitoring agencies were able to install
approximately 100 new lead sites, and were granted waivers for an
additional 35 sites. Based on the success and the experience gained
from the deployment of the monitors to address the 2008 revision, we
believe requiring up to 111 new sites to be sited and installed within
one year will not create an excessive burden on monitoring agencies.
---------------------------------------------------------------------------
\9\ The total number of newly required lead sites is 174.
However, this number includes 63 NCore sites which have already been
sited and installed due to the existing requirements for installing
and operating NCore sites.
---------------------------------------------------------------------------
One commenter requested that we synchronize the dates of the
required revision to the lead monitoring plan with the date for the
existing annual monitoring plan requirement. We recognize the
efficiency of having the same dates for the revision to the lead
monitoring plan and required annual monitoring plan. We also note that
due to the timing of this final rule, the proposed deadline of 6-months
following the final rule (June 27, 2011) is close to the deadline for
the required 2011 annual monitoring network plans (July 1, 2011). We
agree that it is appropriate to use the same date for the two plans due
to the proximity of the two dates.
Several commenters noted a discrepancy in the required dates in the
preamble to the proposed rule and the proposed regulatory language. We
note that the proposed regulatory language published in the Federal
Register inadvertently indicated dates for the required plan and
installation and operation of new monitors based on the date of the
proposed rule. The preamble correctly indicated that the proposed dates
would be based on the date the final rule was published.
C. Final Decision on Monitoring Deployment Schedule
We are requiring that monitoring agencies install and begin
operation of source-oriented monitors near lead sources emitting 0.50
tpy or more but less than 1.0 tpy and at the 15 airports identified for
the airport monitoring study by December 27, 2011, one year from the
date of publication of this final rule. We estimate that monitoring
agencies will be required to site and install up to 111 new source-
oriented monitors \10\ based on the final monitoring requirements. This
number is slightly higher than the 100 monitors that have already been
installed near sources emitting 1.0 tpy or more. We believe monitoring
agencies can install the newly required source-oriented-monitoring
sites within one year of the publication of this final rule especially
in light of the experience and success achieved by monitoring agencies
in complying with the previous source-oriented-monitoring requirement.
----------------------------------------------------