[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Rules and Regulations]
[Pages 834-837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28219]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2019-0137; FRL-10003-87-OAR]
RIN 2060-AU38


Extension of Start Date for Revised Photochemical Assessment 
Monitoring Stations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is delaying the start date for the revised 
Photochemical Assessment Monitoring Stations (PAMS) monitoring site 
network established in EPA regulations. This final action extends the 
start date from June 1, 2019, to June 1, 2021. The revision gives 
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: This final rule is effective on February 7, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2019-0137. All documents in the docket are 
listed on the http://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 statue. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov, or in hard copy at the EPA Docket Center, EPA WJC 
West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, 
DC. The Public Reading Room hours of operation are 8:30 a.m. to 4:30 
p.m. Eastern Standard Time (EST), Monday through Friday. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final 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. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review
II. Background
III. What actions did we propose?
IV. What comments did we receive?
V. What actions are we taking in this final rule?
VI. What are the impacts of the actions taken in this final rule?
VII. 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
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Table 1 of this preamble identifies the entities potentially 
affected by this action. This table is not intended to be exhaustive, 
but rather provides a guide for readers regarding entities likely to be 
regulated by this action. This table lists the types of entities that 
EPA is now aware could potentially be regulated by this action. Other 
types of entities not listed in the table could also be regulated. 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.

           Table 1--Source Categories Affected by This Action
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                                                    Examples of affected
          Source category           NAICS \1\ code         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.


[[Page 835]]

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 final action, along with key technical documents, is available on 
the internet at https://www.epa.gov/amtic/monitoring-regulations.

C. Judicial Review

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
by March 9, 2020. Under CAA section 307(b)(2), the requirements 
established by this final rule may not be challenged separately in any 
civil or criminal proceedings brought by the EPA to enforce the 
requirements.

II. 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) and in 
response to the recommendations of the National Academy of Sciences 
(NAS) report required by CAA Section 185B.\1\ The regulations 
establishing the requirements of the PAMS program are in 40 CFR part 
58, appendix D. Significant revisions to these requirements 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 \2\ 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\ Section 182(c)(1) of the Clean Air Act (CAA), 42 U.S.C. 
7511a, requires the Administrator to promulgate rules for enhanced 
monitoring of ozone, oxides of nitrogen and volatile organic 
compounds for areas classified as serious (or above) in order to 
obtain more comprehensive and representative data on ozone air 
pollution. CAA Section 185B required the EPA to work with the 
National Academy of Sciences to conduct a study on the role of ozone 
precursors in tropospheric ozone formation and control. CAA sections 
110(a)(2)(B), 114 and 319 also address monitoring requirements and 
authorize the Administrator to require monitoring and to promulgate 
regulations defining monitoring obligations. In addition, section 
301 gives the Administrator authority to prescribe such regulations 
as are necessary to allow him to carry out his functions under the 
CAA.
    \2\ NCore sites are National Core multi-pollutant 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) 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 
65428. ``The PAMS program,'' the EPA explained, ``is funded, in part, 
as part of the EPA's section 105 grants.'' \3\ 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 auto-GCs, 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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    \3\ Section 105 grants are provided through the State and Tribal 
Air Grant (STAG) funds.
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    Prior to this final action, the revised PAMS requirements required 
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 \4\ 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 items EPA-HQ-2019-0137-
0001, EPA-HQ-2019-0137-0001, and EPA-HQ-2019-0137-0001 for examples of 
these communications). Due to budget constraints \5\ and delays in 
EPA's contracting process, many of the states relying on the national 
contracts for equipment did not have all the necessary equipment in 
time for the 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 final action, roughly two thirds of the 
sites 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 
were not available by the 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 a national 
contract to purchase the true NO2 analyzers and ceilometers. 
That contract will not be funded until 2020 and the states will

[[Page 836]]

not receive that equipment until the summer of 2020.
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    \4\ 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.
    \5\ The EPA is using STAG funds to purchase equipment on behalf 
of participating states under the national contracts. Approximately 
$8 million dollars was estimated to be needed to purchase the 
equipment. To minimize disruption to existing initiatives being 
funded by STAG, the EPA set 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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III. What actions did we propose?

    In light of the delays in acquiring necessary equipment and the 
need for a reasonable training period to become proficient with new 
equipment, the EPA proposed (84 FR 25221) 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 did not propose any 
change to the current EMP date.
    In the proposal, the EPA also took comment on whether the start 
date should be extended only for sites that have not received the 
necessary equipment and considered 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).

IV. What comments did we receive?

    The EPA received seven comments on the proposed extension. Six 
comments were from state or local monitoring agencies affected by the 
PAMS requirements. The seventh comment was from a trade organization 
for state and local monitoring agencies. All commenters supported 
extending the PAMS start date to June 1, 2021, and no comments were 
received in support of the alternative options the EPA requested 
comment on. One commenter stated that ``the start date for the PAMS 
network was unattainable because of a lack of funding for equipment and 
the national contract equipment delays'' and urged the EPA to 
``maintain the uniform start-up extension date of June 1, 2021 for all 
PAMS sites.'' Another commenter stated that ``due to the lack of 
critical funding, equipment procurement, and training, the two-year 
timeline extension proposed in this rule makes sense and should be 
finalized uniformly nationwide.'' Another commenter stated, ``a blanket 
extension is the most straightforward way to address the problem and 
would provide the most certainty for state and local agencies.''

V. What action are we taking in this final rule?

    For the reasons discussed in this preamble and in consideration of 
the comments received, the EPA is extending the PAMS start date by two 
years to June 1, 2021, as proposed. Many of the states relying on the 
EPA's assistance in acquiring equipment for the required PAMS sites did 
not have all the necessary equipment by June 1, 2019. In addition, many 
states are new to making PAMS measurements and will need time to become 
proficient with the equipment after it has been delivered. For these 
reasons, EPA has concluded that 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. Accordingly, the EPA is extending the start date 
for required PAMS monitoring to June 1, 2021.
    This extension will provide state and local monitoring agencies the 
necessary time to acquire, install, and become proficient with the 
necessary equipment to make PAMS measurements. The EPA agrees with the 
commenters that a blanket two-year extension provides more clarity and 
certainty for the monitoring agencies and will reduce confusion as 
compared to the options on which EPA sought comment. The agencies 
cannot be certain when they will receive the necessary equipment and it 
would be difficult for agencies to plan for and coordinate the start of 
sampling with staggered start dates that are not yet known. EPA thus 
decided to finalize the blanket two-year extension as proposed instead 
of the alternatives that would have created staggered start dates based 
on when equipment is delivered.

VI. What are the impacts of the actions taken in this final rule?

    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 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, total reactive nitrogen (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 delay in the start date for 
required PAMS monitoring.

VII. 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 considered an Executive Order 13771 deregulatory 
action. This final rule provides 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.

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 has been fully incorporated into the 
Ambient Air Quality Surveillance Information Collection Request.

[[Page 837]]

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 final 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.

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.

L. 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. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 58

    Ambient air monitoring, Ozone, Photochemical assessment monitoring 
stations, Precursor monitoring.

    Dated: December 20, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending 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 
appendix D of this part, 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. 2019-28219 Filed 1-7-20; 8:45 am]
BILLING CODE 6560-50-P