United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2016_register executive 2018-02-13 article Part V Rules and Regulations D09002ee1c7f36b59 D09002ee1c7f36c83 United States Environmental Protection Agency originator org United States Government Agency or Subagency The Environmental Protection Agency (EPA) is finalizing revisions to certain sections within the regulations that govern the exclusion of event-influenced air quality data from certain regulatory decisions under the Clean Air Act (CAA). The EPA's mission includes preserving and improving the quality of our nation's ambient air to protect human health and the environment, and the CAA and the EPA's regulations rely heavily on ambient air quality data. However, the CAA also recognizes that it may not be appropriate to use the monitoring data influenced by "exceptional" events that are collected by the ambient air quality monitoring network when making certain regulatory determinations. When "exceptional" events cause exceedances or violations of the national ambient air quality standards (NAAQS) that subsequently affect certain regulatory decisions, the normal planning and regulatory process established by the CAA may not be appropriate. This final rule contains definitions, procedural requirements, requirements for air agency demonstrations, criteria for the EPA's approval of the exclusion of event-influenced air quality data and requirements for air agencies to take appropriate and reasonable actions to protect public health from exceedances or violations of the NAAQS. It reflects the experiences of the EPA, state, local and tribal air agencies, federal land managers and other stakeholders in implementing this program over the past 10 years. These regulatory revisions, the EPA's commitment to improved communications, our focus on decisions with regulatory significance, and the expressed non- binding guidance in the preamble regarding recommendations for demonstration narrative and analyses to include in demonstration packages, protect human health and the environment while providing needed clarity, increasing the administrative efficiency of demonstration submittal process, and removing some of the challenges associated with implementing the Exceptional Events Rule. As part of the EPA's mission to protect public health, this action promulgates new requirements for mitigation plans for areas with known, recurring events. We are simultaneously using this action to provide written notification to those states with areas that are initially subject to these new requirements. In addition to finalizing revisions to the Exceptional Events Rule, the EPA is also announcing the availability of the final version of the non-binding guidance document titled Guidance on the Preparation of Exceptional Events Demonstrations for Wildfire Events that May Influence Ozone Concentrations, which applies the rule revisions to wildfire events that could influence monitored ozone concentrations. 81 FR 68216 https://www.govinfo.gov/app/details/FR-2016-10-03/2016-22983 2016-22983 fr03oc16-12 RIN 2060-AS02 6560-50-P EPA-HQ-OAR-2013-0572, EPA-HQ-OAR-2015-0229 FRL-9952-89-OAR https://www.govinfo.gov/app/details/FR-2016-10-03/2016-22983 https://www.govinfo.gov/content/pkg/FR-2016-10-03/html/2016-22983.htm https://www.govinfo.gov/content/pkg/FR-2016-10-03/pdf/2016-22983.pdf Environmental Protection Air Pollution Control National Parks Wilderness Areas 67 p. 68216 68282 81 FR 68216 Title 40 Part 50 40 CFR Part 50 Title 40 Part 51 40 CFR Part 51 RIN 2060-AS02 Treatment of Data Influenced by Exceptional Events; Federal Register Vol. 81, Issue RULE 2016-22983 V ENVIRONMENTAL PROTECTION AGENCY 2016-09-30 EPA-HQ-OAR-2013-0572, EPA-HQ-OAR-2015-0229 FRL-9952-89-OAR 6560-50-P 2016-22983 Final rule; notification to states with areas subject to mitigation requirements; final guidance.

The Environmental Protection Agency (EPA) is finalizing revisions to certain sections within the regulations that govern the exclusion of event-influenced air quality data from certain regulatory decisions under the Clean Air Act (CAA). The EPA's mission includes preserving and improving the quality of our nation's ambient air to protect human health and the environment, and the CAA and the EPA's regulations rely heavily on ambient air quality data. However, the CAA also recognizes that it may not be appropriate to use the monitoring data influenced by "exceptional" events that are collected by the ambient air quality monitoring network when making certain regulatory determinations. When "exceptional" events cause exceedances or violations of the national ambient air quality standards (NAAQS) that subsequently affect certain regulatory decisions, the normal planning and regulatory process established by the CAA may not be appropriate. This final rule contains definitions, procedural requirements, requirements for air agency demonstrations, criteria for the EPA's approval of the exclusion of event-influenced air quality data and requirements for air agencies to take appropriate and reasonable actions to protect public health from exceedances or violations of the NAAQS. It reflects the experiences of the EPA, state, local and tribal air agencies, federal land managers and other stakeholders in implementing this program over the past 10 years. These regulatory revisions, the EPA's commitment to improved communications, our focus on decisions with regulatory significance, and the expressed non- binding guidance in the preamble regarding recommendations for demonstration narrative and analyses to include in demonstration packages, protect human health and the environment while providing needed clarity, increasing the administrative efficiency of demonstration submittal process, and removing some of the challenges associated with implementing the Exceptional Events Rule. As part of the EPA's mission to protect public health, this action promulgates new requirements for mitigation plans for areas with known, recurring events. We are simultaneously using this action to provide written notification to those states with areas that are initially subject to these new requirements. In addition to finalizing revisions to the Exceptional Events Rule, the EPA is also announcing the availability of the final version of the non-binding guidance document titled Guidance on the Preparation of Exceptional Events Demonstrations for Wildfire Events that May Influence Ozone Concentrations, which applies the rule revisions to wildfire events that could influence monitored ozone concentrations.

This final rule is effective on September 30, 2016. For general information regarding this rule, please contact Beth Palma, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Policy Division, Mail Code C539-04, Research Triangle Park, NC 27711, telephone (919) 541-5432, email at palma.elizabeth@epa.gov. For general information regarding the Guidance on the Preparation of Exceptional Events Demonstrations for Wildfire Events that May Influence Ozone Concentrations, please contact Lev Gabrilovich, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Policy Division, Mail Code C539-04, Research Triangle Park, NC 27711, telephone (919) 541-1496, email at gabrilovich.lev@epa.gov. Environmental Protection Air Pollution Control National Parks Wilderness Areas Treatment of Data Influenced by Exceptional Events , gabrilovich.lev@epa.gov palma.elizabeth@epa.gov http://droughtmonitor.unl.edu/ http://w1.weather.gov/glossary/ http://www.epa.gov/ttn/caaa/t1/memoranda/nepol.pdf http://www.epa.gov/ttn/oarpg/t1/memoranda/firefnl.pdf http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1046311.pdf http://www.nwcg.gov/glossary-of-wildland-fire-terminology http://www.regulations.gov http://www.sierraforestlegacy.org/CF_ManagingFire/FireMOU.php http://www2.epa.gov/air-quality-analysis/exceptional-events-submissions-table http://www2.epa.gov/air-quality-analysis/treatment-data-influenced-exceptional-events http://www2.epa.gov/sites/production/files/2015-05/documents/eer_qa_doc_5-10-13_r3.pdf http://www2.epa.gov/sites/production/files/2015-05/documents/exceptevents_guidememo_130510.pdf http://www2.epa.gov/sites/production/files/2015-05/documents/exceptevents_highwinds_guide_130510.pdf https://aqs.epa.gov/aqsweb/documents/codetables/qualifiers.html https://globalrangelands.org/glossary https://globalrangelands.org/glossary/ https://www.epa.gov/air-quality-analysis/exceptional-events-submissions-table https://www.epa.gov/nscep https://www.epa.gov/sites/production/files/2015-05/documents/ideasforshowingeeevidence.pdf https://www.epa.gov/sites/production/files/2016-03/documents/whitepaper-bgo3-final.pdf https://www3.epa.gov/castnet/docs/CASTNET_Plan_2014_Final.pdf Vol. 81, no. 191 Office of the Federal Register, National Archives and Records Administration 2016-10-03 continuing daily deposited born digital 393 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2016-10-03 P0b002ee19863f610 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr03oc16 https://www.govinfo.gov/app/details/FR-2016-10-03 https://www.govinfo.gov/content/pkg/FR-2016-10-03/pdf/FR-2016-10-03.pdf https://www.govinfo.gov/content/pkg/FR-2016-10-03/xml/FR-2016-10-03.xml fdlp 67901 68288 DGPO 2018-02-13 2024-06-01 FR-2016-10-03 machine generated eng FR FR-2016-10-03 81 191