[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Proposed Rules]
[Pages 25221-25225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11406]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2019-0137; FRL-9994-69-OAR]
RIN 2060-AU38


Extension of Start Date for Revised Photochemical Assessment 
Monitoring Stations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to revise the start date for the revised 
Photochemical Assessment Monitoring Stations (PAMS) monitoring site 
network established in 40 CFR part 58, Appendix D. This proposed 
revision would extend the start date from June 1, 2019, to June 1, 
2021. The proposed revision would give states two additional years to 
acquire the necessary equipment and expertise needed to successfully 
make the required PAMS measurements by the start of the 2021 PAMS 
season.

DATES: Comments. Comments must be received on or before July 1, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0137 by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2019-0137 in the subject line of the message.

[[Page 25222]]

     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2019-0137.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2019-0137, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, EPA WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m.--4:30 p.m., 
Monday--Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Kevin Cavender, Air Quality Analysis Division (C304-
06), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2364; fax number: (919) 541-1903; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation
    A. Written Comments
II. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
III. Background
IV. What actions are we proposing?
V. What are the impacts of the actions being proposed?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2019-
0137, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. The EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the Web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Submitting CBI: Clearly mark the part or all of the information 
that you claim to be CBI. For CBI information in a disk or CD-ROM that 
you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and 
then identify electronically within the disk or CD-ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes information claimed as CBI, a copy of the 
comment that does not contain the information claimed as CBI must be 
submitted for inclusion in the public docket. Information marked as CBI 
will not be disclosed except in accordance with procedures set forth in 
Title 40 Code of Federal Regulations (CFR) part 2.
    Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. Send or deliver 
information identified as CBI to only the following address: OAQPS 
Document Control Officer (Room C404-02), U.S. EPA, Research Triangle 
Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2019-0137.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult the person identified in the FOR FURTHER 
INFORMATION CONTACT section.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI (Confidential Business 
Information) or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, 
EPA WJC West Building, 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 telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

II. General Information

A. Does this action apply to me?

    Table 1 of this preamble lists the entities that may be affected by 
this proposal. Table 1 is not intended to be exhaustive, but rather 
provides a guide for readers regarding the entities that this proposed 
action is likely to affect. The proposed amendment, if promulgated, 
will be applicable to the affected entities. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

[[Page 25223]]



       Table 1--Source Categories Affected by This Proposed Action
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                                                    Examples of affected
          Source category           NAICS code \1\         sources
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State, local, and tribal                    924119  Administration of
 government agencies.                                air and water
                                                     resource and solid
                                                     waste management
                                                     programs
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\1\ North American Industry Classification System.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www3.epa.gov/ttn/amtic/pamsreeng.html. Following publication in 
the Federal Register, the EPA will post the Federal Register version of 
the proposal and key technical documents at this same website.

III. Background

    The EPA PAMS program was promulgated in the early 1990s to meet the 
requirements of Section 182(c)(1) of the Clean Air Act (CAA). 
Significant revisions to the PAMS requirements (found in 40 CFR part 
58, Appendix D) were made as part of the 2015 Ozone National Ambient 
Air Quality Standards (NAAQS) review. See 80 FR 65292, 65420-30 (Oct. 
26, 2015). The revised PAMS requirements call for ozone precursor 
measurements to be made during the 3-month PAMS season (June, July, and 
August) at existing NCore sites \1\ in core-based statistical areas 
(CBSA) with a population of one million or more (a multi-pollutant 
monitoring network also required in 40 CFR part 58). These sites are 
referred to as ``required PAMS sites.'' The main objective of the 
required PAMS sites is to develop a database of ozone precursors and 
meteorological measurements to support ozone model development and 
track the trends of important ozone precursor concentrations. In 
addition to the required PAMS sites, the revised PAMS requirements also 
call for each state with nonattainment areas classified as Moderate (or 
above) for any ozone NAAQS and states in the Ozone Transport Region to 
develop and implement an Enhanced Monitoring Plan (EMP). The objective 
of EMPs is to better understand ozone formation in specific areas 
through enhanced ozone and ozone precursor monitoring activities.
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    \1\ NCore sites are National Core multipollutant monitoring 
stations. See 40 CFR 58.1.
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    The revised PAMS requirements reduced the number of required PAMS 
sites (from 75 to 43) while improving spatial distribution. Of the 43 
required PAMS sites, 16 were existing PAMS sites and 27 are new PAMS 
sites. While the new PAMS requirements leverage the existing NCore 
network and infrastructure providing significant long-term cost 
savings, many states (including those with existing PAMS sites due to 
the age of the existing equipment) will need to install new equipment 
to comply with the revised PAMS requirements (e.g., automated gas 
chromatographs (auto-GCs) to measure hourly volatile organic compounds 
(VOCs), true NO2 analyzers, ceilometers (to measure mixing 
height), rain gauges, solar radiation sensors, and support equipment).
    In revising the PAMS requirements, the EPA ``recognize[d] that the 
changes to the PAMS requirements will require resources and a 
reasonable timeline in order to be successfully implemented.'' 80 FR at 
65428. ``The PAMS program,'' the EPA explained, ``is funded, in part, 
as part of the EPA's section 105 grants.'' \2\ Id. At the time of the 
2015 PAMS revisions, ``EPA believe[d] that the current national funding 
level of the PAMS program [was] sufficient to support these final 
changes . . . .'' Id. Additionally, the EPA explained that monitoring 
agencies would need time ``to make capital investments (primarily for 
the installation of autoGCs, NO2 monitors, and ceilometers), 
prepare appropriate [Quality Assurance] documents, and develop the 
expertise needed to successfully collect PAMS measurements via training 
or otherwise.'' Id.
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    \2\ Section 105 grants are provided through the State and Tribal 
Air Grant (STAG) funds.
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    Currently, the revised PAMS requirements require states to start 
making PAMS measurements by June 1, 2019. To assist states in acquiring 
the necessary equipment, the EPA has been working on national contracts 
\3\ to provide much of the needed equipment for making PAMS 
measurements--specifically contracts for auto-GCs, ceilometers, and 
true NO2 analyzers. The EPA informed the states of its 
intent to make the national contracts available to them for the 
purchase of the listed PAMS equipment during numerous meetings, 
conferences, and workgroup calls (See docket No. EPA-HQ-2019-0137 for 
examples of these communications). Due to budget constraints \4\ and 
delays in EPA's contracting process, many of the states relying on the 
national contracts for equipment will not have all the necessary 
equipment in time for the current start date. However, the EPA has 
obtained some of the necessary PAMS equipment, which has been delivered 
to participating states. At the time of this proposal, roughly two 
thirds of the states have received and are operating auto-GCs but only 
one third of the sites will have the ceilometer and true NO2 
analyzers in 2019. Sites will need all of the equipment, however, to 
satisfy all of the PAMS requirements. The EPA is currently working on a 
national contract to purchase the remaining auto-GCs, but the remaining 
auto-GCs will not be available by the current June 1, 2019 start date. 
Moreover, once the remaining auto-GCs are delivered, states will need 
adequate time to install the new devices and develop the expertise to 
successfully collect PAMS measurements. The EPA is also working on 
national contracts to purchase the true NO2 analyzers and 
ceilometers.

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That contract will not be funded until 2020 and the states will not 
receive that equipment until the summer of 2020.
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    \3\ The EPA assists states by negotiating and awarding national 
contracts for ambient air sampling and analysis services and large-
scale monitoring equipment and supplies for efficiency and 
consistency in the monitoring networks. National contracts provide 
many benefits to EPA and the states, including simplified 
acquisition, national consistency, and sometimes better pricing 
options. For large-scale equipment contracts, the EPA coordinates 
closely with state monitoring agencies to determine interest before 
pursuing actual contracting vehicles. For those states planning to 
use the national contracts for PAMS equipment, the EPA will purchase 
the equipment using STAG funds on behalf of the state and have the 
equipment delivered directly to the state.
    \4\ The EPA is using STAG funds to purchase equipment on behalf 
of participating states under the national contracts. Approximately 
$8 million dollars is needed to purchase the equipment. To minimize 
disruption to existing initiatives currently being funded by STAG, 
the EPA is setting aside $2 million in STAG funds per year over 
Fiscal Years 2017, 2018, 2019, and 2020 to fund the purchases of the 
new equipment on a rolling basis (i.e., when a contract is 
established and equipment can be purchased).
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IV. What action are we proposing?

    As discussed above, many of the states relying on the EPA's 
assistance in acquiring equipment for the required PAMS sites will not 
have all the necessary equipment by June 1, 2019. Because many states 
will also be new to making PAMS measurements, they will need time to 
become proficient with the equipment after the equipment has been 
delivered. Accordingly, the EPA believes it is appropriate to extend 
the start date for required PAMS monitoring for all sites until the 
start of the PAMS season following the delivery of the remaining PAMS 
equipment. Based on current expectations, the last equipment will be 
delivered in the summer of 2020. As such, the EPA is proposing to 
extend the start date for required PAMS monitoring until the beginning 
of the PAMS season in 2021 (i.e., June 1, 2021). The delays in the 
national contracts do not impact the state driven EMPs, and as such, we 
are not proposing any change to the current EMP date.
    Alternatively, the EPA is taking comment on whether the start date 
should be extended only for sites that have not received the necessary 
equipment and is considering two alternative options. Under the first 
alternative, the EPA would require each remaining site to begin 
measurements once all of the necessary equipment has been delivered 
(and taking into account a reasonable training period), rather than 
having a uniform start date for all sites. Under the second 
alternative, the EPA would require sites to begin measurements as the 
necessary equipment has been delivered (and taking into account a 
reasonable training period). For example, under this option, the start 
date would be tied to the delivery of particular equipment, e.g., an 
auto-GC, and would account for any training associated with running the 
auto-GC to ensure successful data collection. Accordingly, we are also 
requesting information on what a reasonable time frame would be to 
install the new equipment and develop the expertise to successfully 
collect PAMS measurements.

V. What are the impacts of the actions being proposed?

    As stated above, the main objective of the PAMS program is to 
develop a database of ozone precursors and meteorological measurements 
to support ozone model development and track the trends of important 
ozone precursor concentrations. The EPA and other scientists use the 
data collected from the PAMS network to develop, evaluate, and improve 
ozone models. The proposed delay in PAMS implementation will reduce the 
amount of precursor and meteorological data available from the PAMS 
season in 2019 and 2020. Nevertheless, sites which have already 
received the necessary equipment will likely begin making PAMS 
measurements as soon as possible, and as such, about two thirds of the 
required PAMS sites may begin making speciated VOC measurements in 
2019, with the remaining third beginning to make speciated VOC 
measurements in 2020. One-third of the sites will have the ceilometer 
and true NO2 analyzers in 2019, with the remainder receiving 
the equipment in fiscal year 2020. In addition, many of the required 
PAMS measurements are already being made at these sites as part of the 
NCore network, including ozone, NOy, and several meteorological 
measurements. Accordingly, while not a complete data set, PAMS data 
users will have much of the data necessary to develop, evaluate, and 
improve ozone models regardless of the proposed delay in start time.

VI. Statutory and Executive Order 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 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory 
action. This proposed rule is expected to provide meaningful burden 
reduction by giving states 2 additional years to begin PAMS monitoring. 
A 2-year delay in the required PAMS site start date will result in cost 
savings for the network due to a savings in operating costs for those 
measurements not being made during the delay. The EPA estimates that it 
will cost approximately $166,000 per year per site to make the PAMS 
measurements that are not already being made at NCore sites (primarily 
speciated VOCs, carbonyls, mixing height, and true NO2). 
Assuming states who do have the necessary equipment will make the PAMS 
measurements regardless of the delayed start date, it is estimated that 
a savings of roughly $5 million will occur in 2019, and roughly $2 
million will occur in 2020.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0084. The burden associated with conducting and 
reporting PAMS monitoring data been fully incorporated into the Ambient 
Air Quality Surveillance Information Collection Request.

D. 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. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This proposed action would reduce burden 
on the affected state and local monitoring agencies by delaying 
implementation and the associated costs of PAMS monitoring by 2 years. 
We have, therefore, concluded that this action will relieve regulatory 
burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

F. 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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G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. This action only applies to state and local 
monitoring agencies operating NCore monitoring sites in Core Based 
Statistical Areas of 1,000,000 people or more. No tribal governments 
will be subject to the PAMS monitoring requirements. Thus, Executive 
Order 13175 does not apply to this action.

H. 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.

I. 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.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard.

List of Subjects in 40 CFR Part 58

    Ambient air monitoring, Ozone, Photochemical Assessment Monitoring 
Stations, Precursor monitoring.

    Dated: May 23, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend part 58 of title 40, chapter I, of 
the Code of Federal Regulations as follows:

PART 58--AMBIENT AIR QUALITY SURVEILLANCE

0
1. 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
2. Section 58.13 is amended by revising paragraph (h) to read as 
follows:


Sec.  58.13  Monitoring network completion.

* * * * *
    (h) The Photochemical Assessment Monitoring sites required under 40 
CFR part 58 Appendix D, section 5(a) must be physically established and 
operating under all of the requirements of this part, including the 
requirements of appendix A, C, D, and E of this part, no later than 
June 1, 2021.
* * * * *

[FR Doc. 2019-11406 Filed 5-30-19; 8:45 am]
BILLING CODE 6560-50-P