[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
------------------------------------------------------------------------
Examples of affected
Source category NAICS \1\ code sources
------------------------------------------------------------------------
State, local, and tribal 924119 Administration of
government agencies. air and water
resource and solid
waste management
programs.
------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ Section 105 grants are provided through the State and Tribal
Air Grant (STAG) funds.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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