Reconsideration of the National Ambient Air Quality Standards for Particulate Matter; Correction, 103652-103657 [2024-29223]
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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
license include: transactions and activities
necessary to ensure the safety of personnel,
or the integrity of operations and assets in
Venezuela; participation in shareholder and
board of directors meetings; making
payments on third-party invoices for
transactions and activities authorized by
paragraph (a) of this general license, or
incurred prior to April 21, 2020, provided
such activity was authorized at the time it
occurred; payment of local taxes and
purchase of utility services in Venezuela; and
payment of salaries for employees and
contractors in Venezuela.
(b) Except as provided in paragraph (d) of
this general license, all transactions and
activities prohibited by E.O. 13850, as
amended, or E.O. 13884, each as
incorporated into the VSR, that are ordinarily
incident and necessary to the wind down of
operations, contracts, or other agreements in
Venezuela involving PdVSA or any entity in
which PdVSA owns, directly or indirectly, a
50 percent or greater interest, and that were
in effect prior to July 26, 2019, are authorized
through 12:01 a.m. eastern daylight time,
May 9, 2025, for the Covered Entities.
(c) Paragraph (a) of this general license
does not authorize:
(1) The drilling, lifting, or processing of,
purchase or sale of, or transport or shipping
of any Venezuelan-origin petroleum or
petroleum products;
(2) The provision or receipt of insurance or
reinsurance with respect to the transactions
and activities described in paragraph (c)(1) of
this general license;
(3) The design, construction, installation,
repair, or improvement of any wells or other
facilities or infrastructure in Venezuela or the
purchasing or provision of any goods or
services, except as required for safety;
(4) Contracting for additional personnel or
services, except as required for safety; or
(5) The payment of any dividend,
including in kind, to PdVSA, or any entity
in which PdVSA owns, directly or indirectly,
a 50 percent or greater interest.
(d) This general license does not authorize:
(1) Any transactions or dealings related to
the exportation or reexportation of diluents,
directly or indirectly, to Venezuela;
(2) Any loans to, accrual of additional debt
by, or subsidization of PdVSA, or any entity
in which PdVSA owns, directly or indirectly,
a 50 percent or greater interest, including in
kind, prohibited by E.O. 13808 of August 24,
2017, as amended by E.O. 13857, and
incorporated into the VSR; or
(3) Any transactions or activities otherwise
prohibited by the VSR, or any other part of
31 CFR chapter V, or any transactions or
activities with any blocked person other than
the blocked persons identified in paragraphs
(a) and (b) of this general license.
(e) Effective November 7, 2024, General
License No. 8N, dated May 10, 2024, is
replaced and superseded in its entirety by
this General License No. 8O.
Lisa M. Palluconi,
Acting Director, Office of Foreign Assets
Control.
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Dated: November 7, 2024.
Lisa M. Palluconi,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 2024–29991 Filed 12–18–24; 8:45 am]
BILLING CODE 4810–AL–P
40 CFR Parts 50 and 58
[EPA–HQ–OAR–2015–0072; FRL–8635.1–
02–OAR]
RIN 2060–AW48
I. General Information
Reconsideration of the National
Ambient Air Quality Standards for
Particulate Matter; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction and
correcting amendment.
AGENCY:
The Environmental Protection
Agency (EPA) is correcting a final rule
published in the Federal Register on
March 6, 2024, that became effective on
May 6, 2024. The final rule revised the
primary annual PM2.5 standard by
lowering the level from 12.0 mg/m3 to
9.0 mg/m3, retained the current primary
24-hour PM2.5 standard and the primary
24-hour PM10 standard, retained the
secondary 24-hour PM2.5 standard,
secondary annual PM2.5 standard, and
secondary 24-hour PM10 standard, and
finalized revisions to the Air Quality
Index (AQI) and monitoring
requirements for the national ambient
air quality standards for particulate
matter (PM NAAQS). After publication,
the EPA became aware of an error in the
preamble text regarding the due date for
infrastructure State implementation
plan (infrastructure SIP) submissions for
the 2024 p.m. NAAQS. With this action,
the EPA is clarifying the due date for
infrastructure SIP submissions for the
2024 p.m. NAAQS. The EPA is also
correcting inadvertent errors in the
PM2.5 monitoring regulatory text. These
corrections do not include any
substantive changes to the final rule.
DATES: This correction is effective on
December 19, 2024.
ADDRESSES: The EPA has established a
docket for the final rule under Docket ID
No. EPA–HQ–OAR–2015–0072. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
SUMMARY:
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Mr.
Tim Hanley, Air Quality Assessment
Division, Office of Air Quality Planning
and Standards, U.S. Environmental
Protection Agency, Mail Code C304–06,
Research Triangle Park, NC 27711;
telephone: (919) 541–4417; email:
hanley.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available electronically through
www.regulations.gov.
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A. What is the authority for this action?
The EPA is correcting the deadline for
infrastructure SIP submissions under its
authority provided in section 110(a)(1)
of the Clean Air Act (CAA) (42 U.S.C.
7410), which directs the States to
submit their implementation plans
within 3 years after promulgation of a
primary or secondary NAAQS.
The EPA is also acting under the
authority provided by CAA sections
103, 105, 110, 114, 301, 311, 314, and
319, which direct the EPA to develop
and implement measures to conduct
ambient air quality surveillance. Under
this authority, this action implements
minor, non-substantive typographical
and technical corrections to conform the
40 CFR part 58 regulatory text to the
rule’s preamble and remedies regulatory
text formatting errors.
B. What corrective action is the Agency
taking?
Correction to Preamble of March 6 Final
Rule
In the proposed rule published on
January 27, 2023 (88 FR 5558), the
preamble states that ‘‘Under CAA
sections 110(a)(1), all states are required
to make these infrastructure SIP
submissions within 3 years after
promulgation of a new or revised
primary standard.’’ However, in the
final rule published on March 6, 2024
(89 FR 16202), the preamble incorrectly
and inadvertently states that ‘‘Under
CAA section 110(a)(1), all States are
required to make these infrastructure
SIP submissions within three years after
the effective date of a new or revised
primary standard. While the CAA
authorizes the EPA to set a shorter time
for States to make these SIP
submissions, the EPA is requiring
submission of infrastructure SIPs within
three years of the effective date of this
revised primary annual PM2.5 NAAQS.’’
Pursuant to CAA section 110(a)(1),
infrastructure SIP submissions are not
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due within three years of the effective
date, but within three years of the
promulgation of a new or revised
NAAQS. The EPA has traditionally held
that ‘‘promulgation’’ means the
signature and widespread dissemination
of a final rulemaking in the context of
the NAAQS. Per this standard practice,
because the EPA promulgated (signed
and made available on the EPA’s
website) the reconsideration of the PM2.5
NAAQS on February 7, 2024,
infrastructure SIP submissions are due
by no later than February 7, 2027.
To be consistent with the CAA and
the proposed rule, the EPA is correcting
the last two sentences of the first
paragraph of B. Section 110(a)(1) and (2)
Infrastructure SIP Requirements in the
final rule preamble.
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Correction
In FR Doc. 2024–02637, at 89 FR
16202 in the Federal Register of March
6, 2024, on page 16367, in the second
column, the last two sentences of the
first paragraph of B. Section 110(a)(1)
and (2) Infrastructure SIP Requirements
are corrected to read as follows:
‘‘Under CAA section 110(a)(1), all
States are required to make these
infrastructure SIP submissions within
three years after the promulgation date
of a new or revised primary standard.
While the CAA authorizes the EPA to
set a shorter time for States to make
these SIP submissions, the EPA is
requiring submission of infrastructure
SIPs within three years of the
promulgation date of this revised
primary annual PM2.5 NAAQS.’’
Correcting Amendments to 40 CFR Parts
50 and 58
The EPA is also making several
corrections to inadvertent errors in the
PM2.5 monitoring regulatory text as
described below.
After publication, it was realized that
the EPA did not add promulgated
§ 50.20 to the 40 CFR 50.3 list of
sections containing PM2.5 standards,
which was inconsistent with past
NAAQS regulations. Therefore, in 40
CFR 50.3, the EPA is adding § 50.20 to
its list of sections containing PM2.5
standards to be consistent with all
existing PM2.5 standards and methods.
The EPA proposed to adjust the
minimum value required by appendix
A, section 3.2.4, to be considered valid
sample pairs for the PM2.5 Performance
Evaluation Program (PEP) from 3 mg/m3
to 2 mg/m3 (88 FR 5665, January 27,
2023). In section 3.2.4 of appendices A
and B to part 58, the EPA finalized 2 mg/
m3 for the quality assurance program
that assesses PM2.5 network bias.
However, in the final rule, section
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4(c)(5) in appendix A and section 4(b)(5)
and (c) in appendix B, which provides
the PM2.5 limit for use in bias
assessments, was not updated to reflect
the finalized 2 mg/m3 for PM2.5 and
instead states the previous 3 mg/m3,
which is inconsistent with section 3.2.4
in the two appendices. Within the PM
NAAQS, the same criteria should be
used for PM2.5 for consistency.
Therefore, the EPA is correcting section
4(c)(5) of appendix A and section 4(b)(5)
and (c) of appendix B to part 58 to be
consistent with section 3.2.4 of
appendices A and B to part 58.
In the PM NAAQS Reconsideration
proposed rule (88 FR 5665, January 27,
2023), the EPA proposed to revise
equation 6 in section 4.2.1 of
appendices A and B to part 58. The
proposed equation 6 had a plus sign in
the denominator. However, in the final
rule, the EPA inadvertently published
equation 6 with a minus sign in the
denominator instead of a plus sign.
Therefore, the EPA is correcting the
denominator in equation 6 of section
4.2.1 in appendices A and B by
changing the minus sign to a plus sign,
which is consistent with what was
proposed.
In section 2.2.2 in appendix C to part
58, the EPA is correcting a typo by
replacing ‘‘multijusinstincional’’ with
‘‘multijurisdictional.’’
Appendix C to part 58 of the final
rule’s regulatory text had an incorrect
instruction to remove and reserve
sections 2.4 and 2.4.1 and remove
sections 2.4.1. through 2.4.1.7. The
EPA’s intention was to reserve all of
section 2.4, which includes sections
2.4.1 through 2.4.6 and their
subsections, and to remove sections
2.4.1.1 through 2.4.1.7. However, due to
the EPA’s confusing instructions, only
sections 2.4 and 2.4.1 were reserved. To
correct this issue, the EPA is reserving
sections 2.4.2 through 2.4.6 of appendix
C to part 58, including their subsections,
so that all of section 2.4 is reserved as
intended.
Also, when the EPA reserved section
2.4 in appendix C to part 58, the EPA
revoked language associated with
Approved Regional Methods (ARMs).
However, after publication, several
mentions of the revoked term ‘‘ARM’’
and references to the reserved section
2.4 were left in appendices A and C to
part 58. To correct this issue, the EPA
is removing the revoked term ‘‘ARM’’
and references to the reserved section
2.4 from section 3.2.4.2 in appendix A
to part 58 and sections 2.7.1, 2.8.4,
2.7.6, 2.8.1, 2.8.5, and 3.1 in appendix
C to part 58.
Lastly, after publication of the final
rule, the EPA became aware that, in the
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103653
finalized tables E–3 and E–6 of
appendix E to part 58, several merged
cells were inadvertently unmerged,
resulting in misalignment of the data
presented for each pollutant-specific
row in the tables. The EPA is correcting
this error by providing reformatted
tables E–3 and E–6 so that each
pollutant-specific row and the
information in each column is displayed
correctly.
II. Rulemaking Procedures
Section 553(b)(B) of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that when an
agency for good cause finds that public
notice and comment procedures are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
The EPA has determined that there is
good cause for making this correction
final without prior proposal. In this
instance, notice and opportunity for
comment is unnecessary because this
action implements minor, nonsubstantive typographical and technical
corrections that correct preamble
language in one instance, conform the
regulatory text to the rule’s preamble,
and remedy formatting errors.
Moreover, EPA has determined that
there is good cause for making this final
rule effective less than 30 days after
publication in the Federal Register.
Section 553(d)(3) of the APA, 5 U.S.C.
553(d)(3), provides that final rules shall
not become effective until 30 days after
publication in the Federal Register
‘‘except . . . as otherwise provided by
the agency for good cause found and
published with the rule.’’ ‘‘In
determining whether good cause exists,
an agency should ‘balance the necessity
for immediate implementation against
principles of fundamental fairness
which require that all affected persons
be afforded a reasonable amount of time
to prepare for the effective date of its
ruling.’’ Omnipoint Corp. v. Fed.
Commc’n Comm’n, 78 F.3d 620, 630
(D.C. Cir. 1996) (quoting United States
v. Gavrilovic, 551 F.2d 1099, 1105 (8th
Cir. 1977)). This action adjusts a
deadline that will not apply for at least
two years (from May 6, 2027, to
February 7, 2027) and makes only minor
technical and typographical corrections
to the monitoring provisions that are not
connected to immediate regulatory
obligations.
For these reasons, the Agency finds
that good cause exists under APA
section 553(d)(3) to make this rule
effective on December 19, 2024.
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III. Statutory and Executive Orders
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined by
Executive Order 12866, as amended by
Executive Order 14094 and was,
therefore, not subject to a requirement
for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. The EPA is clarifying the due date
for infrastructure SIP submissions for
the 2024 PM NAAQS and correcting
inadvertent errors in the PM2.5
monitoring regulatory text. However,
the Office of Management and Budget
(OMB) has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2060–0084.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. Rather, this action corrects
inadvertent errors in the final rule’s
preamble and regulatory text.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
unfunded mandate of $100 million or
more as described in the Unfunded
Mandates Reform Act (UMRA), 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments. This
action corrects inadvertent errors in the
final rule’s preamble and regulatory
text.
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E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications, as specified in Executive
Order 13175. It does not have a
substantial direct effect on one or more
Indian Tribes as Tribes are not obligated
to adopt or implement any NAAQS. In
addition, Tribes are not obligated to
conduct ambient monitoring for PM or
to adopt the ambient monitoring
requirements of 40 CFR part 58. Thus,
Executive Order 13175 does not apply
to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
This action corrects inadvertent errors
in the final rule’s preamble and
regulatory text.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
The final rule involved environmental
monitoring or measurement. The PM
NAAQS final rule maintained the use of
the existing indicators for fine (PM2.5)
and coarse (PM10) particles. The
indicator for fine particles is measured
using the Reference Method for the
Determination of Fine Particulate Matter
as PM2.5 in the Atmosphere (appendix L
to 40 CFR part 50), which is known as
the PM2.5 FRM, and the indicator for
coarse particles is measured using the
Reference Method for the Determination
of Particulate Matter as PM10 in the
Atmosphere (appendix J to 40 CFR part
50), which is known as the PM10 FRM.
To the extent feasible, the EPA employs
a Performance-Based Measurement
System (PBMS), which does not require
the use of specific, prescribed analytic
methods. The PBMS is defined as a set
of processes wherein the data quality
needs, mandates or limitations of a
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program or project are specified and
serve as criteria for selecting appropriate
methods to meet those needs in a costeffective manner. It is intended to be
more flexible and cost effective for the
regulated community; it is also intended
to encourage innovation in analytical
technology and improved data quality.
This action corrects inadvertent errors
in the monitoring regulatory text for
parts 50 and 58.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this correction
does not concern human health or
environmental conditions and,
therefore, cannot be evaluated with
respect to potentially disproportionate
and adverse effects on people of color,
low-income populations and/or
indigenous peoples. This action corrects
inadvertent errors in the final rule’s
preamble and regulatory text.
Although this action does not concern
human health or environmental
conditions, the EPA identified and
addressed environmental justice
concerns in the underlying final rule in
sections II.A.2, II.B.3.a, II.B.3.c, II.B.2,
and II.B.4. of the final rule preamble and
also in the 2019 Integrated Science
Assessment, Supplement to the 2019
Integrated Science Assessment, and
2022 Policy Assessment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in the SUPPLEMENTARY
INFORMATION section. The EPA has
determined that there is good cause for
making this correction final without
prior proposal. In this instance, notice
and opportunity for comment is
unnecessary because this action
implements minor, non-substantive
typographical and technical corrections
that conform the regulatory text to the
rule’s preamble and remedy formatting
errors.
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40 CFR Part 58
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Environmental Protection Agency, P.O. Box
12055, Research Triangle Park, North
Carolina 27711.
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4. * * *
(c) * * *
(5) PM2.5: 2 mg/m3.
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4.2.1
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Equation 6 to Section 4.2.1 of Appendix A
Michael S. Regan,
Administrator.
Accordingly, 40 CFR parts 50 and 58
are corrected by making the following
correcting amendments:
PART 50—NATIONAL PRIMARY AND
SECONDARY AMBIENT AIR QUALITY
STANDARDS
1. The authority citation for part 50
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
■
Reference conditions.
All measurements of air quality that
are expressed as mass per unit volume
(e.g., micrograms per cubic meter) other
than for particulate matter (PM2.5)
standards contained in §§ 50.7, 50.13,
50.18, and 50.20, and lead standards
contained in § 50.16 shall be corrected
to a reference temperature of 25 (deg) C
and a reference pressure of 760
millimeters of mercury (1,013.2
millibars). Measurements of PM2.5 for
purposes of comparison to the standards
contained in §§ 50.7, 50.13, 50.18, and
50.20, and of lead for purposes of
comparison to the standards contained
in § 50.16 shall be reported based on
actual ambient air volume measured at
the actual ambient temperature and
pressure at the monitoring site during
the measurement period.
PART 58—AMBIENT AIR QUALITY
SURVEILLANCE
4. Amend appendix A to part 58 by
revising sections 3.2.4.2 and 4(c)(5) and
equation 6 in section 4.2.1 to read as
follows:
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■
Appendix A to Part 58—Quality
Assurance Requirements for Monitors
Used in Evaluations of National
Ambient Air Quality Standards
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3.2.4.2 Have all FRM and FEM samplers
subject to a PEP audit at least once every 6
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(b) * * *
(5) PM2.5: 2 mg/m3.
(c) The PM2.5 2 mg/m3 limit for the PM2.5–
PEP may be superseded by mutual agreement
between the PSD PQAO and the PSD
reviewing authority as specified in section
3.2.4 of this appendix and detailed in the
approved QAPP.
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4.2.1
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Equation 6 to Section 4.2.1 of Appendix B
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6. Amend appendix C to part 58 by:
a. Revising section 2.2.2; and
b. Removing and reserving sections
2.4.2 through 2.4.6; and
■ c. Revising sections 2.7.1, 2.7.4, 2.7.6,
2.8.1, 2.8.5, and 3.1.
The revisions read as follows:
■
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Authority: 42 U.S.C. 7403, 7405, 7410,
7414, 7601, 7611, 7614, and 7619.
*
Appendix B to Part 58—Quality
Assurance Requirements for Prevention
of Significant Deterioration (PSD) Air
Monitoring
Appendix C to Part 58—Ambient Air
Quality Monitoring Methodology
3. The authority citation for part 58
continues to read as follows:
■
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5. Amend appendix B to part 58 by
revising section 4(b)(5) and (c) and
equation 6 in section 4.2.1 to read as
follows:
■
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2. Revise § 50.3 to read as follows:
§ 50.3
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2.2.2 A request to update a designated
methods calibration may be initiated by the
instrument manufacturer of record or the
EPA Administrator. State, local, Tribal, and
multijurisdictional organizations of these
entities may work with an instrument
manufacture to update a designated method
calibration.
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2.7.1 Requests for approval under section
2.2, 2.6.2, or 2.8 of this appendix must be
submitted to: Director, Center for
Environmental Measurement and Modeling,
Reference and Equivalent Methods
Designation Program (MD–D205–03), U.S.
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2.7.4 To the extent that such
incorporation by reference provides data or
information required by this section (2.7) or
by section 2.5 or 2.6 of this appendix,
independent data or duplicative information
need not be submitted.
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2.7.6 If the Administrator determines, on
the basis of any available information, that
any of the determinations or statements on
which approval of a request under this
section was based are invalid or no longer
valid, or that the requirements of section 2.5
or 2.6, as applicable, have not been met, he/
she may withdraw the approval after
affording the person who obtained the
approval an opportunity to submit
information and arguments opposing such
action.
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2.8.1 Except as otherwise provided in this
section, no reference method or equivalent
method may be used in a SLAMS network if
it has been modified in a manner that could
significantly alter the performance
characteristics of the method without prior
approval by the Administrator. For purposes
of this section, ‘‘alternative method’’ means
an analyzer, the use of which has been
approved under section 2.5 or 2.6 of this
appendix or some combination thereof.
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*
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*
*
2.8.5 A temporary modification that
could alter the performance characteristics of
a reference or equivalent may be made
without prior approval under this section if
the method is not functioning or is
malfunctioning, provided that parts
necessary for repair in accordance with the
applicable operation manual cannot be
obtained within 45 days. Unless such
temporary modification is later approved
under section 2.8.4 of this appendix, the
temporarily modified method shall be
repaired in accordance with the applicable
operation manual as quickly as practicable
but in no event later than 4 months after the
temporary modification was made, unless an
extension of time is granted by the
Administrator. Unless and until the
temporary modification is approved, air
quality data obtained with the method as
temporarily modified must be clearly
identified as such when submitted in
accordance with § 58.16 and must be
accompanied by a report containing the
information specified in section 2.8.3 of this
appendix. A request that the Administrator
approve a temporary modification may be
submitted in accordance with sections 2.8.1
through 2.8.4 of this appendix. In such cases,
the request will be considered as if a request
for prior approval had been made.
*
*
*
*
*
3.1 Methods employed in NCore
multipollutant sites used to measure SO2,
CO, NO2, O3, PM2.5, or PM10–2.5 must be
reference or equivalent methods as defined in
§ 50.1 of this chapter for any monitors
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40 CFR Part 50
Environmental protection, Air
pollution control, Particulate matter.
years, which equates to approximately 15
percent of the monitoring sites audited each
year.
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intended for comparison with applicable
NAAQS.
table E–6 to section 3.8 to read as
follows:
*
Appendix E to Part 58—Probe and
Monitoring Path Siting Criteria for
Ambient Air Quality Monitoring
■
*
*
*
*
*
7. Amend appendix E to part 58 by
revising table E–3 to section 2.7 and
*
2.7
*
*
*
* * *
TABLE E–3 TO SECTION 2.7 OF APPENDIX E—SUMMARY OF PROBE SITING CRITERIA
Height from
ground to
probe 8
(meters)
Horizontal or
vertical distance
from supporting
structures 1 8 to
probe inlet
(meters)
Distance from
drip line of
trees to
probe 8
(meters)
Pollutant
Scale 9
SO2 2 3 4 5 ...........................
CO 3 4 6 ..............................
Middle, Neighborhood, Urban, and Regional ............
Micro [downtown or street canyon sites] ...................
2.0–15
2.5–3.5
≥1.0
≥1.0
≥10
≥10
CO 3 4 6 ..............................
Micro [Near-Road sites] .............................................
2.0–7.0
≥1.0
≥10
CO 3 4 6 ..............................
Middle and Neighborhood .........................................
2.0–15
≥1.0
≥10
O3 2 3 4 ...............................
Middle, Neighborhood, Urban, and Regional ............
2.0–15
≥1.0
≥10
NO2 2 3 4 .............................
Micro ..........................................................................
2.0–7.0
≥1.0
≥10
NO2 2 3 4 .............................
Middle, Neighborhood, Urban, and Regional ............
2.0–15
≥1.0
≥10
PAMS 2 3 4 Ozone precursors.
PM, Pb 2 3 4 7 .....................
Neighborhood and Urban ..........................................
2.0–15
≥1.0
≥10
Micro ..........................................................................
2.0–7.0
≥10
PM, Pb 2 3 4 7 .....................
Middle, Neighborhood, Urban and Regional .............
2.0–15
≥2.0 (horizontal
distance only)
≥2.0 (horizontal
distance only)
≥10
Distance from roadways
to probe 8
(meters)
N/A.
2.0–10 for downtown
areas or street canyon
microscale.
≤50 for near-road
microscale.
See Table E–2 of this appendix for middle and
neighborhood scales.
See Table E–1 of this appendix.
≤50 for near-road microscale.
See Table E–1 of this appendix.
See Table E–1 of this appendix.
See Figure E–1 of this
appendix.
See Figure E–1 of this
appendix.
N/A—Not applicable.
1 When a probe is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on the roof.
2 Should be greater than 20 meters from the dripline of tree(s) and must be 10 meters from the dripline.
3 Distance from sampler or probe inlet to obstacle, such as a building, must be at least twice the height the obstacle protrudes above the sampler or probe inlet.
Sites not meeting this criterion may be classified as microscale or middle scale (see paragraphs 2.3(a) and 2.3(c) of this appendix).
4 Must have unrestricted airflow in a continuous arc of at least 270 degrees around the probe or sampler; 180 degrees if the probe is on the side of a building or a
wall for street canyon monitoring.
5 The probe or sampler should be away from minor sources, such as furnace or incineration flues. The separation distance is dependent on the height of the minor
source emission point(s), the type of fuel or waste burned, and the quality of the fuel (sulfur, ash, or lead content). This criterion is designed to avoid undue influences
from minor sources.
6 For microscale CO monitoring sites, the probe must be ≥10 meters from a street intersection and preferably at a midblock location.
7 Collocated monitor inlets must be within 4.0 meters of each other and at least 2.0 meters apart for flow rates greater than 200 liters/min or at least 1.0 meter apart
for samplers having flow rates less than 200 liters/min to preclude airflow interference, unless a waiver has been granted by the Regional Administrator pursuant to
paragraph 3.3.4.2(c) of appendix A of to this part. For PM2.5, collocated monitor inlet heights should be within 1.0 meter of each other vertically.
8 All distances listed are expressed as having 2 significant figures. When rounding is performed to assess compliance with these siting requirements, the distance
measurements will be rounded such as to retain at least two significant figures.
9 See section 1.2 of appendix D to this part for definitions of monitoring scales.
*
*
*
*
3.8
*
* * *
TABLE E–6 TO SECTION 3.8 OF APPENDIX E—SUMMARY OF MONITORING PATH SITING CRITERIA
Pollutant
Maximum monitoring path
SO2 3 4 5 6 .........................
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CO 4 5 7 .............................
length 9 10
Height from
ground to 80% of
monitoring path 1 8
(meters)
Horizontal or
vertical distance
from supporting
structures 2 to
90% of monitoring
path 1 8
(meters)
Distance from
trees to 90%
of monitoring
path 1 8
(meters)
2.0–15
≥1.0
≥10
N/A.
2.5–3.5
≥1.0
≥10
2.0–10 for downtown
areas or street canyon
microscale.
≤50 for near-road
microscale.
See Table E–5.
See Table E–5.
See Table E–4.
See Table E–4.
≤50 for near-road microscale.
See Table E–4 of this
appendix.
See Table E–4 of this
appendix.
<= 300 m for Middle ...............................................
<= 1.0 km for Neighborhood, Urban, and Regional
<= 300 m for Micro [downtown or street canyon
sites].
CO 4 5 7 .............................
<= 300 m for Micro [Near-Road sites] ...................
2.0–7.0
≥1.0
≥10
CO 4 5 7
.............................
CO 4 5 7 .............................
O3 3 4 5 ..............................
O3 3 4 5 ..............................
NO2 3 4 5 ...........................
<= 300 m for Middle ...............................................
<= 1.0 km for Neighborhood ..................................
<= 300 m for Middle ...............................................
<= 1.0 km for Neighborhood, Urban, and Regional
Between 50 m-300 m for Micro (Near-Road) ........
2.0–15
2.0–15
2.0–15
2.0–15
2.0–7.0
≥1.0
≥1.0
≥1.0
≥1.0
≥1.0
≥10
≥10
≥10
≥10
≥10
NO2 3 4 5 ...........................
<= 300 m for Middle ...............................................
2.0–15
≥1.0
≥10
NO2 3 4 5 ...........................
<= 1.0 km for Neighborhood, Urban, and Regional
2.0–15
≥1.0
≥10
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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
103657
TABLE E–6 TO SECTION 3.8 OF APPENDIX E—SUMMARY OF MONITORING PATH SITING CRITERIA—Continued
Pollutant
Maximum monitoring path
PAMS 3 4 5 Ozone precursors.
length 9 10
Height from
ground to 80% of
monitoring path 1 8
(meters)
Horizontal or
vertical distance
from supporting
structures 2 to
90% of monitoring
path 1 8
(meters)
Distance from
trees to 90%
of monitoring
path 1 8
(meters)
2.0–15
≥1.0
≥10
<= 1.0 km for Neighborhood and Urban ................
Distance from roadways
to monitoring path 1 8
(meters)
See Table E–4 of this
appendix.
N/A—Not applicable.
1 Monitoring path for open path analyzers is applicable only to middle or neighborhood scale CO monitoring, middle, neighborhood, urban, and regional scale NO
2
monitoring, and all applicable scales for monitoring SO2, O3, and O3 precursors.
2 When the monitoring path is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on roof.
3 At least 90 percent of the monitoring path should be greater than 20 meters from the dripline of tree(s) and must be 10-meters from the dripline.
4 Distance from 90 percent of monitoring path to obstacle, such as a building, must be at least twice the height the obstacle protrudes above the monitoring path.
Sites not meeting this criterion may be classified as microscale or middle scale (see text).
5 Must have unrestricted airflow 270 degrees around at least 90 percent of the monitoring path; 180 degrees if the monitoring path is adjacent to the side of a building or a wall for street canyon monitoring.
6 The monitoring path should be away from minor sources, such as furnace or incineration flues. The separation distance is dependent on the height of the minor
source’s emission point (such as a flue), the type of fuel or waste burned, and the quality of the fuel (sulfur, ash, or lead content). This criterion is designed to avoid
undue influences from minor sources.
7 For microscale CO monitoring sites, the monitoring path must be ≥10. meters from a street intersection and preferably at a midblock location.
8 All distances listed are expressed as having 2 significant figures. When rounding is performed to assess compliance with these siting requirements, the distance
measurements will be rounded such as to retain at least two significant figures.
9 See section 1.2 of appendix D to this part for definitions of monitoring scales.
10 See section 3.7 of this appendix.
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2024–0553; FRL–12419–
01–R9]
Finding of Failure To Attain and
Reclassification of Las Vegas Area as
Serious for the 2015 Ozone National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final determination.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that the
Las Vegas, Nevada area failed to attain
the 2015 ozone national ambient air
quality standards (NAAQS or
‘‘standards’’) by the applicable
attainment date. The effect of failing to
attain by the applicable attainment date
is that the area will be reclassified by
operation of law from ‘‘Moderate’’ to
‘‘Serious’’ nonattainment for the 2015
ozone NAAQS on January 21, 2025, the
effective date of this final rule. This
action fulfills the EPA’s obligation
under the Clean Air Act (CAA) to
determine whether the Las Vegas,
Nevada ozone nonattainment area
attained the NAAQS by the attainment
date and to publish a document in the
Federal Register identifying the area as
having failed to attain and identifying
the reclassification.
DATES: This final rule is effective on
January 21, 2025.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:31 Dec 18, 2024
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2024–0553. All
documents in the docket are listed on
the https://www.regulations.gov
website. 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
[FR Doc. 2024–29223 Filed 12–18–24; 8:45 am]
Jkt 265001
FOR FURTHER INFORMATION CONTACT:
Lindsay Wickersham, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4192, or by
email at wickersham.lindsay@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview of Action
II. What is the background for this action?
III. What is the statutory authority for this
action?
IV. How does the EPA determine whether an
area has attained the standards?
V. What is the EPA’s determination for the
area?
VI. What action is the EPA taking?
VII. Statutory and Executive Order Reviews
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I. Overview of Action
The EPA is required to determine
whether areas designated nonattainment
for an ozone NAAQS attained the
standards by the applicable attainment
date, and to take certain steps for areas
that failed to attain (see CAA section
181(b)(2)). The EPA’s determination of
attainment for the 2015 ozone NAAQS
is based on a nonattainment area’s
design value (DV) as of the attainment
date.1
The 2015 ozone NAAQS is met at an
EPA regulatory monitoring site when
the DV does not exceed 0.070 parts per
million (ppm). For the Moderate
nonattainment areas for the 2015 ozone
NAAQS addressed in this action, the
attainment date was August 3, 2024.
Because the DV is based on the three
most recent, complete calendar years of
data, attainment must occur no later
than December 31 of the year prior to
the attainment date (i.e., December 31,
2023, in the case of Moderate
nonattainment areas for the 2015 ozone
NAAQS). As such, the EPA’s
determinations for each area are based
upon the complete, quality-assured, and
certified ozone monitoring data from
calendar years 2021, 2022, and 2023.
This action addresses one area in
Nevada that was classified as Moderate
for the 2015 ozone NAAQS as of the
1 A DV is a statistic used to compare data
collected at an ambient air quality monitoring site
to the applicable NAAQS to determine compliance
with the standard. The data handling conventions
for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. The DV
for the 2015 ozone NAAQS is the 3-year average of
the annual fourth highest daily maximum 8-hour
average ozone concentration. The DV is calculated
for each air quality monitor in an area, and the DV
for an area is the highest DV among the individual
monitoring sites located in the area.
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Agencies
[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103652-103657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29223]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 50 and 58
[EPA-HQ-OAR-2015-0072; FRL-8635.1-02-OAR]
RIN 2060-AW48
Reconsideration of the National Ambient Air Quality Standards for
Particulate Matter; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction and correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is correcting a
final rule published in the Federal Register on March 6, 2024, that
became effective on May 6, 2024. The final rule revised the primary
annual PM2.5 standard by lowering the level from 12.0
[micro]g/m\3\ to 9.0 [micro]g/m\3\, retained the current primary 24-
hour PM2.5 standard and the primary 24-hour PM10
standard, retained the secondary 24-hour PM2.5 standard,
secondary annual PM2.5 standard, and secondary 24-hour
PM10 standard, and finalized revisions to the Air Quality
Index (AQI) and monitoring requirements for the national ambient air
quality standards for particulate matter (PM NAAQS). After publication,
the EPA became aware of an error in the preamble text regarding the due
date for infrastructure State implementation plan (infrastructure SIP)
submissions for the 2024 p.m. NAAQS. With this action, the EPA is
clarifying the due date for infrastructure SIP submissions for the 2024
p.m. NAAQS. The EPA is also correcting inadvertent errors in the
PM2.5 monitoring regulatory text. These corrections do not
include any substantive changes to the final rule.
DATES: This correction is effective on December 19, 2024.
ADDRESSES: The EPA has established a docket for the final rule under
Docket ID No. EPA-HQ-OAR-2015-0072. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., confidential
business information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy. Publicly available docket materials are available
electronically through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Tim Hanley, Air Quality Assessment
Division, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code C304-06, Research Triangle
Park, NC 27711; telephone: (919) 541-4417; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. What is the authority for this action?
The EPA is correcting the deadline for infrastructure SIP
submissions under its authority provided in section 110(a)(1) of the
Clean Air Act (CAA) (42 U.S.C. 7410), which directs the States to
submit their implementation plans within 3 years after promulgation of
a primary or secondary NAAQS.
The EPA is also acting under the authority provided by CAA sections
103, 105, 110, 114, 301, 311, 314, and 319, which direct the EPA to
develop and implement measures to conduct ambient air quality
surveillance. Under this authority, this action implements minor, non-
substantive typographical and technical corrections to conform the 40
CFR part 58 regulatory text to the rule's preamble and remedies
regulatory text formatting errors.
B. What corrective action is the Agency taking?
Correction to Preamble of March 6 Final Rule
In the proposed rule published on January 27, 2023 (88 FR 5558),
the preamble states that ``Under CAA sections 110(a)(1), all states are
required to make these infrastructure SIP submissions within 3 years
after promulgation of a new or revised primary standard.'' However, in
the final rule published on March 6, 2024 (89 FR 16202), the preamble
incorrectly and inadvertently states that ``Under CAA section
110(a)(1), all States are required to make these infrastructure SIP
submissions within three years after the effective date of a new or
revised primary standard. While the CAA authorizes the EPA to set a
shorter time for States to make these SIP submissions, the EPA is
requiring submission of infrastructure SIPs within three years of the
effective date of this revised primary annual PM2.5 NAAQS.''
Pursuant to CAA section 110(a)(1), infrastructure SIP submissions
are not
[[Page 103653]]
due within three years of the effective date, but within three years of
the promulgation of a new or revised NAAQS. The EPA has traditionally
held that ``promulgation'' means the signature and widespread
dissemination of a final rulemaking in the context of the NAAQS. Per
this standard practice, because the EPA promulgated (signed and made
available on the EPA's website) the reconsideration of the
PM2.5 NAAQS on February 7, 2024, infrastructure SIP
submissions are due by no later than February 7, 2027.
To be consistent with the CAA and the proposed rule, the EPA is
correcting the last two sentences of the first paragraph of B. Section
110(a)(1) and (2) Infrastructure SIP Requirements in the final rule
preamble.
Correction
In FR Doc. 2024-02637, at 89 FR 16202 in the Federal Register of
March 6, 2024, on page 16367, in the second column, the last two
sentences of the first paragraph of B. Section 110(a)(1) and (2)
Infrastructure SIP Requirements are corrected to read as follows:
``Under CAA section 110(a)(1), all States are required to make
these infrastructure SIP submissions within three years after the
promulgation date of a new or revised primary standard. While the CAA
authorizes the EPA to set a shorter time for States to make these SIP
submissions, the EPA is requiring submission of infrastructure SIPs
within three years of the promulgation date of this revised primary
annual PM2.5 NAAQS.''
Correcting Amendments to 40 CFR Parts 50 and 58
The EPA is also making several corrections to inadvertent errors in
the PM2.5 monitoring regulatory text as described below.
After publication, it was realized that the EPA did not add
promulgated Sec. 50.20 to the 40 CFR 50.3 list of sections containing
PM2.5 standards, which was inconsistent with past NAAQS
regulations. Therefore, in 40 CFR 50.3, the EPA is adding Sec. 50.20
to its list of sections containing PM2.5 standards to be
consistent with all existing PM2.5 standards and methods.
The EPA proposed to adjust the minimum value required by appendix
A, section 3.2.4, to be considered valid sample pairs for the
PM2.5 Performance Evaluation Program (PEP) from 3 [micro]g/
m\3\ to 2 [micro]g/m\3\ (88 FR 5665, January 27, 2023). In section
3.2.4 of appendices A and B to part 58, the EPA finalized 2 [micro]g/
m\3\ for the quality assurance program that assesses PM2.5
network bias. However, in the final rule, section 4(c)(5) in appendix A
and section 4(b)(5) and (c) in appendix B, which provides the
PM2.5 limit for use in bias assessments, was not updated to
reflect the finalized 2 [micro]g/m\3\ for PM2.5 and instead
states the previous 3 [micro]g/m\3\, which is inconsistent with section
3.2.4 in the two appendices. Within the PM NAAQS, the same criteria
should be used for PM2.5 for consistency. Therefore, the EPA
is correcting section 4(c)(5) of appendix A and section 4(b)(5) and (c)
of appendix B to part 58 to be consistent with section 3.2.4 of
appendices A and B to part 58.
In the PM NAAQS Reconsideration proposed rule (88 FR 5665, January
27, 2023), the EPA proposed to revise equation 6 in section 4.2.1 of
appendices A and B to part 58. The proposed equation 6 had a plus sign
in the denominator. However, in the final rule, the EPA inadvertently
published equation 6 with a minus sign in the denominator instead of a
plus sign. Therefore, the EPA is correcting the denominator in equation
6 of section 4.2.1 in appendices A and B by changing the minus sign to
a plus sign, which is consistent with what was proposed.
In section 2.2.2 in appendix C to part 58, the EPA is correcting a
typo by replacing ``multijusinstincional'' with
``multijurisdictional.''
Appendix C to part 58 of the final rule's regulatory text had an
incorrect instruction to remove and reserve sections 2.4 and 2.4.1 and
remove sections 2.4.1. through 2.4.1.7. The EPA's intention was to
reserve all of section 2.4, which includes sections 2.4.1 through 2.4.6
and their subsections, and to remove sections 2.4.1.1 through 2.4.1.7.
However, due to the EPA's confusing instructions, only sections 2.4 and
2.4.1 were reserved. To correct this issue, the EPA is reserving
sections 2.4.2 through 2.4.6 of appendix C to part 58, including their
subsections, so that all of section 2.4 is reserved as intended.
Also, when the EPA reserved section 2.4 in appendix C to part 58,
the EPA revoked language associated with Approved Regional Methods
(ARMs). However, after publication, several mentions of the revoked
term ``ARM'' and references to the reserved section 2.4 were left in
appendices A and C to part 58. To correct this issue, the EPA is
removing the revoked term ``ARM'' and references to the reserved
section 2.4 from section 3.2.4.2 in appendix A to part 58 and sections
2.7.1, 2.8.4, 2.7.6, 2.8.1, 2.8.5, and 3.1 in appendix C to part 58.
Lastly, after publication of the final rule, the EPA became aware
that, in the finalized tables E-3 and E-6 of appendix E to part 58,
several merged cells were inadvertently unmerged, resulting in
misalignment of the data presented for each pollutant-specific row in
the tables. The EPA is correcting this error by providing reformatted
tables E-3 and E-6 so that each pollutant-specific row and the
information in each column is displayed correctly.
II. Rulemaking Procedures
Section 553(b)(B) of the Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that when an agency for good cause finds
that public notice and comment procedures are impracticable,
unnecessary, or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
The EPA has determined that there is good cause for making this
correction final without prior proposal. In this instance, notice and
opportunity for comment is unnecessary because this action implements
minor, non-substantive typographical and technical corrections that
correct preamble language in one instance, conform the regulatory text
to the rule's preamble, and remedy formatting errors.
Moreover, EPA has determined that there is good cause for making
this final rule effective less than 30 days after publication in the
Federal Register. Section 553(d)(3) of the APA, 5 U.S.C. 553(d)(3),
provides that final rules shall not become effective until 30 days
after publication in the Federal Register ``except . . . as otherwise
provided by the agency for good cause found and published with the
rule.'' ``In determining whether good cause exists, an agency should
`balance the necessity for immediate implementation against principles
of fundamental fairness which require that all affected persons be
afforded a reasonable amount of time to prepare for the effective date
of its ruling.'' Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620,
630 (D.C. Cir. 1996) (quoting United States v. Gavrilovic, 551 F.2d
1099, 1105 (8th Cir. 1977)). This action adjusts a deadline that will
not apply for at least two years (from May 6, 2027, to February 7,
2027) and makes only minor technical and typographical corrections to
the monitoring provisions that are not connected to immediate
regulatory obligations.
For these reasons, the Agency finds that good cause exists under
APA section 553(d)(3) to make this rule effective on December 19, 2024.
[[Page 103654]]
III. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined by
Executive Order 12866, as amended by Executive Order 14094 and was,
therefore, not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. The EPA is clarifying the due date for infrastructure
SIP submissions for the 2024 PM NAAQS and correcting inadvertent errors
in the PM2.5 monitoring regulatory text. However, the Office
of Management and Budget (OMB) has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control number 2060-0084.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. Rather, this
action corrects inadvertent errors in the final rule's preamble and
regulatory text.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in the Unfunded Mandates Reform Act (UMRA), 2 U.S.C.
1531-1538, and does not significantly or uniquely affect small
governments. This action corrects inadvertent errors in the final
rule's preamble and regulatory text.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175. It does not have a substantial direct effect on
one or more Indian Tribes as Tribes are not obligated to adopt or
implement any NAAQS. In addition, Tribes are not obligated to conduct
ambient monitoring for PM or to adopt the ambient monitoring
requirements of 40 CFR part 58. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk. This action corrects inadvertent errors in
the final rule's preamble and regulatory text.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
The final rule involved environmental monitoring or measurement.
The PM NAAQS final rule maintained the use of the existing indicators
for fine (PM2.5) and coarse (PM10) particles. The
indicator for fine particles is measured using the Reference Method for
the Determination of Fine Particulate Matter as PM2.5 in the
Atmosphere (appendix L to 40 CFR part 50), which is known as the
PM2.5 FRM, and the indicator for coarse particles is
measured using the Reference Method for the Determination of
Particulate Matter as PM10 in the Atmosphere (appendix J to
40 CFR part 50), which is known as the PM10 FRM. To the
extent feasible, the EPA employs a Performance-Based Measurement System
(PBMS), which does not require the use of specific, prescribed analytic
methods. The PBMS is defined as a set of processes wherein the data
quality needs, mandates or limitations of a program or project are
specified and serve as criteria for selecting appropriate methods to
meet those needs in a cost-effective manner. It is intended to be more
flexible and cost effective for the regulated community; it is also
intended to encourage innovation in analytical technology and improved
data quality. This action corrects inadvertent errors in the monitoring
regulatory text for parts 50 and 58.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this correction does not concern human health
or environmental conditions and, therefore, cannot be evaluated with
respect to potentially disproportionate and adverse effects on people
of color, low-income populations and/or indigenous peoples. This action
corrects inadvertent errors in the final rule's preamble and regulatory
text.
Although this action does not concern human health or environmental
conditions, the EPA identified and addressed environmental justice
concerns in the underlying final rule in sections II.A.2, II.B.3.a,
II.B.3.c, II.B.2, and II.B.4. of the final rule preamble and also in
the 2019 Integrated Science Assessment, Supplement to the 2019
Integrated Science Assessment, and 2022 Policy Assessment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this rule as
discussed in the SUPPLEMENTARY INFORMATION section. The EPA has
determined that there is good cause for making this correction final
without prior proposal. In this instance, notice and opportunity for
comment is unnecessary because this action implements minor, non-
substantive typographical and technical corrections that conform the
regulatory text to the rule's preamble and remedy formatting errors.
[[Page 103655]]
List of Subjects
40 CFR Part 50
Environmental protection, Air pollution control, Particulate
matter.
40 CFR Part 58
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Michael S. Regan,
Administrator.
Accordingly, 40 CFR parts 50 and 58 are corrected by making the
following correcting amendments:
PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY
STANDARDS
0
1. The authority citation for part 50 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. Revise Sec. 50.3 to read as follows:
Sec. 50.3 Reference conditions.
All measurements of air quality that are expressed as mass per unit
volume (e.g., micrograms per cubic meter) other than for particulate
matter (PM2.5) standards contained in Sec. Sec. 50.7,
50.13, 50.18, and 50.20, and lead standards contained in Sec. 50.16
shall be corrected to a reference temperature of 25 (deg) C and a
reference pressure of 760 millimeters of mercury (1,013.2 millibars).
Measurements of PM2.5 for purposes of comparison to the
standards contained in Sec. Sec. 50.7, 50.13, 50.18, and 50.20, and of
lead for purposes of comparison to the standards contained in Sec.
50.16 shall be reported based on actual ambient air volume measured at
the actual ambient temperature and pressure at the monitoring site
during the measurement period.
PART 58--AMBIENT AIR QUALITY SURVEILLANCE
0
3. The authority citation for part 58 continues to read as follows:
Authority: 42 U.S.C. 7403, 7405, 7410, 7414, 7601, 7611, 7614,
and 7619.
0
4. Amend appendix A to part 58 by revising sections 3.2.4.2 and 4(c)(5)
and equation 6 in section 4.2.1 to read as follows:
Appendix A to Part 58--Quality Assurance Requirements for Monitors Used
in Evaluations of National Ambient Air Quality Standards
* * * * *
3.2.4.2 Have all FRM and FEM samplers subject to a PEP audit at
least once every 6 years, which equates to approximately 15 percent
of the monitoring sites audited each year.
* * * * *
4. * * *
(c) * * *
(5) PM2.5: 2 [micro]g/m\3\.
* * * * *
4.2.1 * * *
Equation 6 to Section 4.2.1 of Appendix A
[GRAPHIC] [TIFF OMITTED] TR19DE24.014
* * * * *
0
5. Amend appendix B to part 58 by revising section 4(b)(5) and (c) and
equation 6 in section 4.2.1 to read as follows:
Appendix B to Part 58--Quality Assurance Requirements for Prevention of
Significant Deterioration (PSD) Air Monitoring
* * * * *
4. * * *
(b) * * *
(5) PM2.5: 2 [micro]g/m\3\.
(c) The PM2.5 2 [micro]g/m\3\ limit for the
PM2.5-PEP may be superseded by mutual agreement between
the PSD PQAO and the PSD reviewing authority as specified in section
3.2.4 of this appendix and detailed in the approved QAPP.
* * * * *
4.2.1 * * *
Equation 6 to Section 4.2.1 of Appendix B
[GRAPHIC] [TIFF OMITTED] TR19DE24.015
* * * * *
0
6. Amend appendix C to part 58 by:
0
a. Revising section 2.2.2; and
0
b. Removing and reserving sections 2.4.2 through 2.4.6; and
0
c. Revising sections 2.7.1, 2.7.4, 2.7.6, 2.8.1, 2.8.5, and 3.1.
The revisions read as follows:
Appendix C to Part 58--Ambient Air Quality Monitoring Methodology
* * * * *
2.2.2 A request to update a designated methods calibration may
be initiated by the instrument manufacturer of record or the EPA
Administrator. State, local, Tribal, and multijurisdictional
organizations of these entities may work with an instrument
manufacture to update a designated method calibration.
* * * * *
2.7.1 Requests for approval under section 2.2, 2.6.2, or 2.8 of
this appendix must be submitted to: Director, Center for
Environmental Measurement and Modeling, Reference and Equivalent
Methods Designation Program (MD-D205-03), U.S. Environmental
Protection Agency, P.O. Box 12055, Research Triangle Park, North
Carolina 27711.
* * * * *
2.7.4 To the extent that such incorporation by reference
provides data or information required by this section (2.7) or by
section 2.5 or 2.6 of this appendix, independent data or duplicative
information need not be submitted.
* * * * *
2.7.6 If the Administrator determines, on the basis of any
available information, that any of the determinations or statements
on which approval of a request under this section was based are
invalid or no longer valid, or that the requirements of section 2.5
or 2.6, as applicable, have not been met, he/she may withdraw the
approval after affording the person who obtained the approval an
opportunity to submit information and arguments opposing such
action.
* * * * *
2.8.1 Except as otherwise provided in this section, no reference
method or equivalent method may be used in a SLAMS network if it has
been modified in a manner that could significantly alter the
performance characteristics of the method without prior approval by
the Administrator. For purposes of this section, ``alternative
method'' means an analyzer, the use of which has been approved under
section 2.5 or 2.6 of this appendix or some combination thereof.
* * * * *
2.8.5 A temporary modification that could alter the performance
characteristics of a reference or equivalent may be made without
prior approval under this section if the method is not functioning
or is malfunctioning, provided that parts necessary for repair in
accordance with the applicable operation manual cannot be obtained
within 45 days. Unless such temporary modification is later approved
under section 2.8.4 of this appendix, the temporarily modified
method shall be repaired in accordance with the applicable operation
manual as quickly as practicable but in no event later than 4 months
after the temporary modification was made, unless an extension of
time is granted by the Administrator. Unless and until the temporary
modification is approved, air quality data obtained with the method
as temporarily modified must be clearly identified as such when
submitted in accordance with Sec. 58.16 and must be accompanied by
a report containing the information specified in section 2.8.3 of
this appendix. A request that the Administrator approve a temporary
modification may be submitted in accordance with sections 2.8.1
through 2.8.4 of this appendix. In such cases, the request will be
considered as if a request for prior approval had been made.
* * * * *
3.1 Methods employed in NCore multipollutant sites used to
measure SO2, CO, NO2, O3,
PM2.5, or PM10-2.5 must be reference or
equivalent methods as defined in Sec. 50.1 of this chapter for any
monitors
[[Page 103656]]
intended for comparison with applicable NAAQS.
* * * * *
0
7. Amend appendix E to part 58 by revising table E-3 to section 2.7 and
table E-6 to section 3.8 to read as follows:
Appendix E to Part 58--Probe and Monitoring Path Siting Criteria for
Ambient Air Quality Monitoring
* * * * *
2.7 * * *
Table E-3 to Section 2.7 of Appendix E--Summary of Probe Siting Criteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
Horizontal or
Height from vertical distance Distance from
ground to from supporting drip line of Distance from roadways to
Pollutant Scale \9\ probe \8\ structures \1\ trees to probe probe \8\ (meters)
(meters) \8\ to probe \8\ (meters)
inlet (meters)
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2 \2\ \3\ \4\ \5\..................... Middle, Neighborhood, Urban, 2.0-15 >=1.0 >=10 N/A.
and Regional.
CO \3\ \4\ \6\.......................... Micro [downtown or street 2.5-3.5 >=1.0 >=10 2.0-10 for downtown areas
canyon sites]. or street canyon
microscale.
CO \3\ \4\ \6\.......................... Micro [Near-Road sites]........ 2.0-7.0 >=1.0 >=10 <=50 for near-road
microscale.
CO \3\ \4\ \6\.......................... Middle and Neighborhood........ 2.0-15 >=1.0 >=10 See Table E-2 of this
appendix for middle and
neighborhood scales.
O3 \2\ \3\ \4\.......................... Middle, Neighborhood, Urban, 2.0-15 >=1.0 >=10 See Table E-1 of this
and Regional. appendix.
NO2 \2\ \3\ \4\......................... Micro.......................... 2.0-7.0 >=1.0 >=10 <=50 for near-road micro-
scale.
NO2 \2\ \3\ \4\......................... Middle, Neighborhood, Urban, 2.0-15 >=1.0 >=10 See Table E-1 of this
and Regional. appendix.
PAMS \2\ \3\ \4\ Ozone precursors....... Neighborhood and Urban......... 2.0-15 >=1.0 >=10 See Table E-1 of this
appendix.
PM, Pb \2\ \3\ \4\ \7\.................. Micro.......................... 2.0-7.0 >=2.0 (horizontal >=10 See Figure E-1 of this
distance only) appendix.
PM, Pb \2\ \3\ \4\ \7\.................. Middle, Neighborhood, Urban and 2.0-15 >=2.0 (horizontal >=10 See Figure E-1 of this
Regional. distance only) appendix.
--------------------------------------------------------------------------------------------------------------------------------------------------------
N/A--Not applicable.
\1\ When a probe is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on the roof.
\2\ Should be greater than 20 meters from the dripline of tree(s) and must be 10 meters from the dripline.
\3\ Distance from sampler or probe inlet to obstacle, such as a building, must be at least twice the height the obstacle protrudes above the sampler or
probe inlet. Sites not meeting this criterion may be classified as microscale or middle scale (see paragraphs 2.3(a) and 2.3(c) of this appendix).
\4\ Must have unrestricted airflow in a continuous arc of at least 270 degrees around the probe or sampler; 180 degrees if the probe is on the side of a
building or a wall for street canyon monitoring.
\5\ The probe or sampler should be away from minor sources, such as furnace or incineration flues. The separation distance is dependent on the height of
the minor source emission point(s), the type of fuel or waste burned, and the quality of the fuel (sulfur, ash, or lead content). This criterion is
designed to avoid undue influences from minor sources.
\6\ For microscale CO monitoring sites, the probe must be >=10 meters from a street intersection and preferably at a midblock location.
\7\ Collocated monitor inlets must be within 4.0 meters of each other and at least 2.0 meters apart for flow rates greater than 200 liters/min or at
least 1.0 meter apart for samplers having flow rates less than 200 liters/min to preclude airflow interference, unless a waiver has been granted by
the Regional Administrator pursuant to paragraph 3.3.4.2(c) of appendix A of to this part. For PM2.5, collocated monitor inlet heights should be
within 1.0 meter of each other vertically.
\8\ All distances listed are expressed as having 2 significant figures. When rounding is performed to assess compliance with these siting requirements,
the distance measurements will be rounded such as to retain at least two significant figures.
\9\ See section 1.2 of appendix D to this part for definitions of monitoring scales.
* * * * *
3.8 * * *
Table E-6 to Section 3.8 of Appendix E--Summary of Monitoring Path Siting Criteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
Horizontal or
vertical distance Distance from
Height from from supporting trees to 90% Distance from roadways to
Pollutant Maximum monitoring path length ground to 80% of structures \2\ to of monitoring monitoring path \1\ \8\
\9\ \10\ monitoring path 90% of monitoring path \1\ \8\ (meters)
\1\ \8\ (meters) path \1\ \8\ (meters)
(meters)
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2 \3\ \4\ \5\ \6\.................... <= 300 m for Middle........... 2.0-15 >=1.0 >=10 N/A.
<= 1.0 km for Neighborhood,
Urban, and Regional.
CO \4\ \5\ \7\......................... <= 300 m for Micro [downtown 2.5-3.5 >=1.0 >=10 2.0-10 for downtown areas
or street canyon sites]. or street canyon
microscale.
CO \4\ \5\ \7\......................... <= 300 m for Micro [Near-Road 2.0-7.0 >=1.0 >=10 <=50 for near-road
sites]. microscale.
CO \4\ \5\ \7\......................... <= 300 m for Middle........... 2.0-15 >=1.0 >=10 See Table E-5.
CO \4\ \5\ \7\......................... <= 1.0 km for Neighborhood.... 2.0-15 >=1.0 >=10 See Table E-5.
O3 \3\ \4\ \5\......................... <= 300 m for Middle........... 2.0-15 >=1.0 >=10 See Table E-4.
O3 \3\ \4\ \5\......................... <= 1.0 km for Neighborhood, 2.0-15 >=1.0 >=10 See Table E-4.
Urban, and Regional.
NO2 \3\ \4\ \5\........................ Between 50 m-300 m for Micro 2.0-7.0 >=1.0 >=10 <=50 for near-road micro-
(Near-Road). scale.
NO2 \3\ \4\ \5\........................ <= 300 m for Middle........... 2.0-15 >=1.0 >=10 See Table E-4 of this
appendix.
NO2 \3\ \4\ \5\........................ <= 1.0 km for Neighborhood, 2.0-15 >=1.0 >=10 See Table E-4 of this
Urban, and Regional. appendix.
[[Page 103657]]
PAMS \3\ \4\ \5\ Ozone precursors...... <= 1.0 km for Neighborhood and 2.0-15 >=1.0 >=10 See Table E-4 of this
Urban. appendix.
--------------------------------------------------------------------------------------------------------------------------------------------------------
N/A--Not applicable.
\1\ Monitoring path for open path analyzers is applicable only to middle or neighborhood scale CO monitoring, middle, neighborhood, urban, and regional
scale NO2 monitoring, and all applicable scales for monitoring SO2, O3, and O3 precursors.
\2\ When the monitoring path is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on roof.
\3\ At least 90 percent of the monitoring path should be greater than 20 meters from the dripline of tree(s) and must be 10-meters from the dripline.
\4\ Distance from 90 percent of monitoring path to obstacle, such as a building, must be at least twice the height the obstacle protrudes above the
monitoring path. Sites not meeting this criterion may be classified as microscale or middle scale (see text).
\5\ Must have unrestricted airflow 270 degrees around at least 90 percent of the monitoring path; 180 degrees if the monitoring path is adjacent to the
side of a building or a wall for street canyon monitoring.
\6\ The monitoring path should be away from minor sources, such as furnace or incineration flues. The separation distance is dependent on the height of
the minor source's emission point (such as a flue), the type of fuel or waste burned, and the quality of the fuel (sulfur, ash, or lead content). This
criterion is designed to avoid undue influences from minor sources.
\7\ For microscale CO monitoring sites, the monitoring path must be >=10. meters from a street intersection and preferably at a midblock location.
\8\ All distances listed are expressed as having 2 significant figures. When rounding is performed to assess compliance with these siting requirements,
the distance measurements will be rounded such as to retain at least two significant figures.
\9\ See section 1.2 of appendix D to this part for definitions of monitoring scales.
\10\ See section 3.7 of this appendix.
* * * * *
[FR Doc. 2024-29223 Filed 12-18-24; 8:45 am]
BILLING CODE 6560-50-P