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Revision to the Near-Road NO2 Minimum Monitoring Requirements


American Government

Revision to the Near-Road NO2 Minimum Monitoring Requirements

Gina McCarthy
Environmental Protection Agency
16 May 2016


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Proposed Rules]
[Pages 30224-30229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11507]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2015-0486, FRL-9946-34-OAR]
RIN 2060-AS71


Revision to the Near-Road NO2 Minimum Monitoring Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
revise the minimum monitoring requirements for near-road nitrogen 
dioxide (NO2) monitoring by removing the existing 
requirements for near-road NO2 monitoring stations in Core 
Based Statistical Areas (CBSAs) having populations between 500,000 and 
1,000,000 persons, that are due by January 1, 2017. Current near-road 
NO2 monitoring data indicate air quality levels in the near-
road environment are well below the National Ambient Air Quality 
Standards (NAAQS) for the oxides of nitrogen. In light of this 
information, and due to the relationship between population, traffic, 
and expected NO2 concentrations in the near-road 
environment, it is anticipated that measured near-road NO2 
concentrations in relatively smaller CBSAs (e.g., CBSAs with 
populations less than 1,000,000 persons) would exhibit similar, and 
more likely, lower concentrations, than what is being measured in 
larger urban areas.

DATES: Comments must be received on or before June 30, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0486, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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 made 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2015-0486. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit information that you consider to be CBI or 
otherwise protected through http://www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses. For additional information about the EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    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 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 
at www.regulations.gov or in hard copy at the Air and Radiation Docket 
and Information Center, EPA/DC, EPA William J. Clinton (WJC) West 
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The 
Public Reading Room 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 and 
Radiation Docket and Information Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Nealson Watkins, 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) 541-5522; fax: (919) 541-1903; email: 
watkins.nealson@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Does this action apply to me?

    This action applies to state, territorial, and local air quality 
management programs that are responsible for ambient air quality 
monitoring under 40 CFR part 58. Categories and entities potentially 
regulated by this action include:

------------------------------------------------------------------------
                        Category                          NAICS \a\ code
------------------------------------------------------------------------
State/territorial/local/tribal government...............          924110
------------------------------------------------------------------------
\a\ North American Industry Classification System.

B. What should I consider as I prepare my comments for the EPA?

    1. Submitting CBI. Do not submit this information to the EPA 
through http://www.regulations.gov or email. Clearly mark any 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 so marked will not be disclosed except in accordance with 
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:

[[Page 30225]]

     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a CFR part or 
section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed rule will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this proposed rule will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: https://www3.epa.gov/ttnamti1/monregs.html. The TTN provides 
information and technology exchange in various areas of air pollution 
control. A redline/strikeout document comparing the proposed revisions 
to the appropriate sections of the current rules will be provided in 
the docket.

Table of Contents

    The following topics are discussed in this preamble:

I. Background
II. Proposed Revisions to the Near-Road NO2 Minimum 
Monitoring Requirements
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulations and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background

    On February 9, 2010, the EPA promulgated minimum monitoring 
requirements for the ambient NO2 monitoring network in 
support of the revised NO2 NAAQS (75 FR 6474; February 9, 
2010). The 2010 NO2 NAAQS revision included a 1-hour 
standard with a 98th percentile form averaged over 3 years and a level 
of 100 parts per billion (ppb), reflecting the maximum allowable 
NO2 concentration anywhere in an area, while retaining the 
annual standard of 53 ppb.
    As part of the 2010 NO2 NAAQS rulemaking, the EPA 
promulgated revisions to requirements for minimum numbers of ambient 
NO2 monitors which included new monitoring near major roads 
in larger urban areas, requirements to characterize NO2 
concentrations representative of wider spatial scales in larger urban 
areas (area-wide monitors), and monitors intended to characterize 
NO2 exposures of susceptible and vulnerable populations. 
Specifically, the requirements for these minimum monitoring 
requirements that were promulgated in 2010 were as follows:
    (a) The first tier of the ambient NO2 monitoring network 
required near-road monitoring.\1\ The requirements included the 
placement of one near-road NO2 monitoring station in each 
CBSA with a population of 500,000 or more persons to monitor a location 
of expected maximum hourly concentrations sited near a major road. An 
additional near-road NO2 monitoring station was required at 
a second location of expected maximum hourly concentrations for any 
CBSA with a population of 2,500,000 or more persons, or in any CBSA 
with a population of 500,000 or more persons that has one or more 
roadway segments with 250,000 or greater Annual Average Daily Traffic 
(AADT) counts. Based upon 2010 census data and data maintained by the 
U.S. Department of Transportation Federal Highway Administration on the 
most heavily trafficked roads in the U.S. (http://www.fhwa.dot.gov/policyinformation/tables/02.cfm), approximately 126 near-road 
NO2 sites were required within 103 CBSAs nationwide at the 
time of rule promulgation.
---------------------------------------------------------------------------

    \1\ See 40 CFR part 58, appendix D, section 4.3.2.
---------------------------------------------------------------------------

    (b) The second tier of the NO2 network required area-
wide NO2 monitoring,\2\ where area-wide means that the 
monitor is representative of a spatial scale of representativeness of 
neighborhood scale (0.5 to 4 km in dimension) or larger, as defined in 
40 CFR part 58, appendix D, section 1.2. Requirements included the 
placement of one monitoring station in each CBSA with a population of 
1,000,000 or more persons to monitor a location of expected highest 
NO2 concentrations representing the neighborhood or larger 
spatial scales. Based on 2010 census data, approximately 52 area-wide 
NO2 sites were required within 52 CBSAs at the time of rule 
promulgation.
---------------------------------------------------------------------------

    \2\ See 40 CFR part 58, appendix D, section 4.3.3.
---------------------------------------------------------------------------

    (c) The third tier of the NO2 minimum monitoring 
requirements was for the characterization of NO2 exposure 
for susceptible and vulnerable populations.\3\ The EPA Regional 
Administrators, in collaboration with states, required a minimum of 40 
additional NO2 monitoring stations nationwide in any area, 
inside or outside of CBSAs, in addition to the minimum monitoring 
requirements for near-road and area-wide monitors with a primary focus 
on siting these monitors in locations with susceptible and vulnerable 
populations. Monitoring sites intended to satisfy these NO2 
minimum monitoring requirements were required to be submitted to the 
EPA for approval. Per 40 CFR 58.10 and 58.13, states were required to 
submit a plan to the EPA for establishing required area-wide 
NO2 monitoring sites and those NO2 monitoring 
sites intended to represent areas with susceptible and vulnerable 
populations by July 1, 2012, and ensure that the monitoring stations 
were operational by January 1, 2013. State and local air monitoring 
agencies fulfilled the requirements for area-wide monitors and those 
sites representing areas with susceptible and vulnerable populations on 
schedule.
---------------------------------------------------------------------------

    \3\ See 40 CFR part 58, appendix D, section 4.3.4.
---------------------------------------------------------------------------

    The near-road component of the ambient NO2 monitoring 
network was also originally required to be completely operational by 
January 1, 2013. However, in 2012, the EPA proposed (77 FR 64244; 
October 19, 2012) and then finalized in 2013 (78 FR 16184; March 14, 
2013), through a public notice and comment rulemaking, to require that 
the near-road NO2 monitoring stations be installed in three 
phases. The revised installation schedule allowed more time for states 
to establish the near-road NO2 network on a schedule 
consistent with available resources. The revised installation schedule 
for the near-road

[[Page 30226]]

NO2 monitoring network was modified to reflect the 
following:
    Phase 1: In CBSAs with a population of 1,000,000 or more persons, 
one near-road NO2 monitor shall be reflected in the state 
Annual Monitoring Network Plan submitted July 1, 2013, and that monitor 
shall be operational by January 1, 2014.
    Phase 2: In CBSAs where two near-road NO2 monitors are 
required (either because the CBSA has a population of 2,500,000 or more 
persons, or has a population of 500,000 or more persons plus one or 
more roadway segments having AADT counts of 250,000 or more), the 
second near-road NO2 monitor shall be reflected in the state 
Annual Monitoring Network Plan submitted July 1, 2014, and that monitor 
shall be operational by January 1, 2015.
    Phase 3: In CBSAs with a population of at least 500,000 persons, 
but less than 1,000,000 persons, one near-road NO2 monitor 
shall be reflected in the state Annual Monitoring Network Plan 
submitted July 1, 2016, and the monitor shall be operational by January 
1, 2017.
    As of April 2016, the EPA estimates that 65 near-road 
NO2 monitors are in operation. Tracking of near-road site 
meta-data indicate that state and local air monitoring agencies have 
successfully installed these new monitors in the appropriate locations, 
collectively placing monitors adjacent to highly trafficked roads in 
their respective CBSAs. The latest available near-road NO2 
monitoring site meta-data can be found at http://www3.epa.gov/ttn/amtic/nearroad.html.

II. Proposed Revisions to Near-Road NO2 Minimum Monitoring Requirements

    The EPA is proposing to revise the minimum monitoring requirements 
for near-road NO2 monitoring by removing the existing 
requirement for near-road NO2 monitoring stations in CBSAs 
having populations between 500,000 and 1,000,000 persons, also known as 
Phase 3 of the near-road NO2 network. This revision is based 
on the following key technical points:
     The Phase 1 and Phase 2 near-road sites that have been 
installed to date are located at maximum concentration locations 
consistent with the guidance in the Near-road NO2 Monitoring 
Technical Assistance Document (http://www3.epa.gov/ttn/amtic/files/nearroad/NearRoadTAD.pdf) as demonstrated by a detailed examination of 
site meta-data.
     The higher populated CBSAs that contain these near-road 
NO2 sites have higher mobile source emissions and associated 
indicators, such as Vehicle Miles Traveled (VMTs).
     Ambient concentrations collected at all existing near-road 
monitoring sites are well below both the annual and 1-hour daily 
maximum NAAQS levels of 53 ppb and 100 ppb, respectively.
    Further information on each of the key points is provided below.
    The ``Near-road NO2 Network and Data Analysis'' docket 
memo (docket memo) provides a review and analysis of the 
characteristics of the existing near-road NO2 monitoring 
network and the relationships between NO2 emissions, 
population, traffic, and NO2 concentration data.\4\ First, 
as noted above, the existing near-road NO2 monitoring sites 
appropriately characterize the peak NO2 concentrations that 
exist in the near-road environment within their respective CBSAs based 
on a detailed analysis of site metadata. This is an important 
assertion, as having the whole of the near-road NO2 network 
be representative of expected peak, near-road NO2 
concentration in a given CBSA allows for an equitable comparison of 
near-road data across CBSAs that have near-road monitors. Monitoring 
agencies have provided a detailed accounting of total traffic volume 
and fleet mix while also accounting for the available information on 
congestion patterns, roadway design, terrain, and meteorology that went 
into their site selection. For example, it is estimated that 55 percent 
of the near-road sites are adjacent to one of the top five highest 
trafficked road segments in their respective CBSA, 71 percent are 
adjacent to one of the top 10 most highly trafficked roads, and 91 
percent are adjacent to one of the top 25 most highly trafficked roads. 
Further, while all sites are within the required distance of 50 meters 
from their respective target road, state and local air agencies were 
successful in placing the sites in close proximity to roadway travel 
lanes. The EPA estimates that 59 percent of the sites are within 20 
meters from their respective target road (which was a recommended 
target distance in the ``Near-road NO2 Monitoring Technical 
Assistance Document''), 87 percent are within 30 meters, and 96 percent 
are within 40 meters. Accordingly, the near-road monitoring network is 
situated to provide measurements that are a good representation of peak 
near-road NO2 concentrations that exist in a given CBSA.
---------------------------------------------------------------------------

    \4\ Memo to docket located in Docket #EPA-HQ-OAR-2015-0486, 
document 1, under ``Supporting Documents.''
---------------------------------------------------------------------------

    Second, higher populated CBSAs have correspondingly more vehicles 
and vehicle miles traveled, which in turn increases the availability of 
mobile source emissions that lead to increased opportunity for higher 
NO2 concentrations, particularly in the near-road 
environment. This is evident upon evaluation of national VMT data 
available from the U.S. Department of Transportation in the State 
Transportation Statistics 2015 document.\5\ A more specific evaluation 
of VMT by CBSA shows a clear, positive relationship between CBSA 
population size and VMT. Further, more densely populated CBSAs 
typically have more individual roads with relatively high traffic 
volumes than less densely populated CBSA counterparts. Based on this 
relationship, the EPA notes that higher populated areas correspondingly 
have more vehicles, which increase the mobile source derived emissions 
that lead to increased opportunity for higher NO2 
concentrations particularly in the near-road environment.\6\
---------------------------------------------------------------------------

    \5\ http://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/state_transportation_statistics/state_transportation_statistics_2015/index.html.
    \6\ Although the particular relationship between CBSA population 
size and any measured or expected near-road NO2 
concentrations is quite strong, the deviations from that expected 
relationship or trend are explainable. Near-road NO2 
measured concentrations are influenced by a number of known factors 
such as differences in traffic volumes, fleet mixes, congestion 
patterns, roadway design, terrain, and meteorology, along with some 
influence based upon the distance of the monitor to the road and 
with background NO2 concentration differences. The 
influence of these factors is inherently part of the near-road 
NO2 network (as referenced in 40 CFR part 58, section 
4.3.2), and the measured concentrations at every near-road 
NO2 site will always be influenced by any number of these 
factors to varying degrees in time.
---------------------------------------------------------------------------

    Third, the analysis of the available near-road NO2 data 
from sites having largely complete data in 2013 and 2014, and the 1st, 
2nd, and 3rd quarters of 2015, indicate that while the larger CBSAs 
tend to have higher measured near-road NO2 concentrations 
than lesser populated CBSAs, all readings are well below the applicable 
NO2 NAAQS levels. This is true for both the annual and 1-
hour NO2 NAAQS, although this correspondence is stronger in 
the longer term averages of the data (such as the annual mean) compared 
to the peak 1-hour values for a given time frame.
    Due to the phased implementation of the near-road NO2 
network, the initiation of valid data collection varies significantly 
by location. Accordingly, it is more straight-forward to analyze the 
data by the years when monitoring commenced, recognizing that the 
number of operating sites and the resulting data completeness will 
generally increase with time.
    In 2013, four sites with sufficiently complete datasets (75 percent 
or greater

[[Page 30227]]

annual completeness) were operational (Boise, ID; Des Moines, IA; 
Detroit, MI; and St. Louis, MO). Among these sites, the highest 98th 
percentile 1-hour daily max value was 50 ppb measured in the St. Louis 
CBSA. The highest annual mean value was 18 ppb measured in the Detroit 
CBSA.
    In 2014, there were 21 CBSAs with near-road data meeting 75 percent 
completeness criteria. The highest 98th percentile 1-hour daily max 
value was 70 ppb measured in the Denver CBSA. The highest annual mean 
value was 27 ppb measured in the Los Angeles CBSA.
    At the time of development of this proposal, 4th quarter 2015 data 
were not yet due to be submitted to the EPA. Using the 75 percent 
completeness criteria applied to the first three calendar quarters of 
submitted 2015 near-road NO2 data, there were 42 CBSAs with 
data suitable for analysis. Of these data, the highest 98th percentile 
1-hour daily max value was 72 ppb measured in the New York City CBSA. 
The highest annual mean value was 26 ppb measured in the Denver CBSA.
    All of these data indicate that, to date, no near-road 
NO2 site has collected data that are above or are 
threatening the annual NO2 NAAQS of 53 ppb or the 100 ppb 
level of the 98th percentile 1-hour daily maximum value. As noted 
above, this is true for the larger CBSAs where the highest emissions 
and VMT exist.
    In light of the information presented here and in the docket memo, 
the EPA is reconsidering the necessity of the third phase of the near-
road NO2 network. In particular, we have revisited the issue 
of whether the additional burden on state and local air monitoring 
agencies to operate Phase 3 of the near-road network is needed to 
provide evidence of compliance with the NO2 NAAQS in the 
smaller CBSAs.
    Given that measured near-road NO2 concentrations to date 
are not approaching the NAAQS levels, even in the most heavily 
populated CBSAs with monitoring stations adjacent to the most heavily 
traveled road segments, we have concluded that the likelihood of 
measuring elevated NO2 concentrations approaching or 
exceeding the NAAQS in smaller CBSAs is very small and, therefore, the 
Phase 3 requirement for near-road monitoring is no longer needed.
    The EPA notes that even with the proposed deletion of the Phase 3 
near-road requirements, the authority remains for the EPA Regional 
Administrator to work with states to install additional near-road 
NO2 monitors above the minimum requirements (40 CFR part 58, 
section 4.3.4) in areas that may have concentrations approaching or 
exceeding the NAAQS. This authority provides a means for additional 
near-road NO2 monitors to be installed in any area, such as 
a CBSA with a population below 1,000,000 persons, where data or other 
information suggest that near-road NO2 monitoring might be 
warranted. Such an action could be based on research or non-regulatory 
data in an area, situations where an area has high background or area-
wide NO2 concentrations, a desired or needed understanding 
of near-road NO2 concentrations and exposures, or in 
situations where an unusual or unique roadway related exposure to high 
ambient NO2 concentrations exists such as an unusually 
highly trafficked road segment (i.e., a road segment having greater 
than 250,000 AADT counts) in a relatively smaller CBSA. The EPA views 
this existing Regional Administrator authority as a means to ensure 
that near-road NO2 monitoring will continue to occur where 
needed, even after the proposed changes to minimum monitoring 
requirements.
    In summary, given the relationships between population, traffic, 
and expected NO2 concentrations in the near-road 
environment, the EPA anticipates that measured near-road NO2 
concentrations in relatively smaller CBSAs (e.g., CBSAs with 
populations less than 1,000,000 persons) would typically exhibit 
similar, if not lower, concentrations than what is being measured in 
larger urban areas. It has also been demonstrated that the available 
near-road NO2 data indicate the air quality in the near-road 
environment is generally well below the NO2 NAAQS across the 
network. Accordingly, the EPA is proposing to remove the requirement to 
install near-road NO2 monitors in CBSAs having populations 
between 500,000 and 1,000,000 persons, also known as Phase 3 of the 
near-road NO2 network, due by January 1, 2017. This proposed 
action would also relieve states from being required to document the 
need for Phase 3 requirements in their Annual Monitoring Network Plans 
that are due July 1, 2016.
    The EPA also proposes to modify the requirement for a second near-
road NO2 monitor in any CBSA having 500,000 or more persons 
that also had one or more road segments with 250,000 or greater AADT 
counts to only apply to CBSAs having 1,000,000 or more persons. This is 
necessary to align all near-road NO2 monitoring requirements 
language to only apply to those CBSAs having 1,000,000 persons or more. 
If there is a case of a relatively smaller CBSA having one or more road 
segments with 250,000 AADT counts or greater (of which the EPA is not 
aware), then the Regional Administrator's authority to require 
additional monitoring might be appropriate to consider and there could 
be an evaluation of whether monitoring is warranted.
    This proposed revision is estimated to relieve requirements for 
approximately 53 near-road NO2 monitors, based on 2014 
Census Bureau population estimates (http://www.census.gov/population/metro/). This action would not modify the requirements for near-road 
NO2 monitors in CBSAs having 1,000,000 or more persons and 
for a second near-road monitor in CBSAs having 2,500,000 or more 
persons, which collectively comprise what are also known as Phase 1 and 
Phase 2 of the near-road NO2 network, respectively. This 
action also does not modify the existing requirements for area-wide 
NO2 monitors or monitoring of NO2 in areas with 
susceptible and vulnerable populations. The EPA requests comment on 
these proposed changes to the minimum monitoring requirements of near-
road NO2 monitors.

III. Statutory and Executive Order Reviews

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. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. The proposed revisions do not add any information collection 
requirements beyond those imposed by the existing NO2 
monitoring requirements.

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. 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 action proposes to remove a sub-set 
of the

[[Page 30228]]

current air monitoring requirements and, therefore, remove the 
requirement for the state and local air monitoring agencies to provide 
evidence of compliance with the NO2 NAAQS in the near-road 
environment in CBSAs with less than 1,000,000 persons. We have, 
therefore, concluded that this action will relieve regulatory burden 
for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. This action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector. This action proposes to reduce the number of required 
near-road NO2 monitors to be operated by state and local air 
monitoring agencies.

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. In the 
spirit of Executive Order 13132, and consistent with the EPA policy to 
promote communications between the EPA and state and local governments, 
the EPA specifically solicits comment on this proposed rule from state 
and local officials.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. This proposed rule imposes no requirements on 
tribal governments. Thus, Executive Order 13175 does not apply to this 
action. In the spirit of Executive order 13175, the EPA specifically 
solicits additional comment on this proposed action from tribal 
officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets EO 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.

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)

    This action does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. The results of the network and data 
evaluation are contained in the Near-road NO2 Network and 
Data Analysis docket memo, which provides a review and analysis of the 
characteristics of the existing near-road NO2 monitoring 
network and the relationships between NO2 emissions, 
population, traffic, and NO2 concentration data. Further, 
this rule does not modify the existing requirements for near-road 
monitors required in CBSAs having 1,000,000 or more persons, area-wide 
NO2 monitors, or monitoring of NO2 in areas with 
susceptible and vulnerable populations.

List of Subjects

40 CFR Part 58

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations.

    Dated: May 5, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend 40 CFR part 58 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. Amend Sec.  58.10 by revising paragraph (a)(5)(iv) and removing 
paragraph (a)(5)(v) to read as follows:


Sec.  58.10  Annual monitoring network plan and periodic network 
assessment.

    (a) * * *
    (5) * * *
    (iv) A plan for establishing a second near-road NO2 
monitor in any CBSA with a population of 2,500,000 persons or more, or 
in any CBSA with a population of 1,000,000 or more persons that has one 
or more roadway segments with 250,000 or greater AADT counts, in 
accordance with the requirements of Appendix D, section 4.3.2 to this 
part, shall be submitted as part of the Annual Monitoring Network Plan 
to the EPA Regional Administrator by July 1, 2014. The plan shall 
provide for these required monitors to be operational by January 1, 
2015.
* * * * *
0
3. Amend Sec.  58.13 by revising paragraph (c)(4) and removing 
paragraph (c)(5) to read as follows:


Sec.  58.13  Monitoring network completion.

* * * * *
    (c) * * *
    (4) January 1, 2015, for a second near-road NO2 monitor 
in CBSAs that have a population of 2,500,000 or more persons or a 
second monitor in any CBSA with a population of 1,000,000 or more 
persons that has one or more roadway segments with 250,000 or greater 
AADT counts that is required in Appendix D, section 4.3.2 to this part.
* * * * *
    4. Appendix D to Part 58 is amended by revising section 4.3.2 to 
read as follows:

Appendix D to Part 58--Network Design Criteria for Ambient Air Quality 
Monitoring

* * * * *
4.3.2 Requirement for Near-Road NO2 Monitors
    (a) Within the NO2 network, there must be one 
microscale near-road NO2 monitoring station in each CBSA 
with a population of 1,000,000 or more persons to monitor a location 
of expected maximum hourly concentrations sited near a major road 
with high AADT counts as specified in paragraph 4.3.2(a)(1) of this 
appendix. An additional near-road NO2 monitoring station 
is required for any CBSA with a population of 2,500,000 persons or 
more, or in any CBSA with a population of 1,000,000 or more persons 
that has one or more roadway segments with 250,000 or greater AADT 
counts to monitor a second location of expected maximum hourly 
concentrations. CBSA populations shall be based on the latest 
available census figures.
    (1) The near-road NO2 monitoring sites shall be 
selected by ranking all road segments within a CBSA by AADT and then 
identifying a location or locations adjacent to those highest ranked 
road segments, considering fleet mix, roadway design,

[[Page 30229]]

congestion patterns, terrain, and meteorology, where maximum hourly 
NO2 concentrations are expected to occur and siting 
criteria can be met in accordance with appendix E of this part. 
Where a state or local air monitoring agency identifies multiple 
acceptable candidate sites where maximum hourly NO2 
concentrations are expected to occur, the monitoring agency shall 
consider the potential for population exposure in the criteria 
utilized to select the final site location. Where one CBSA is 
required to have two near-road NO2 monitoring stations, 
the sites shall be differentiated from each other by one or more of 
the following factors: Fleet mix; congestion patterns; terrain; 
geographic area within the CBSA; or different route, interstate, or 
freeway designation.
    (b) Measurements at required near-road NO2 monitor 
sites utilizing chemiluminescence FRMs must include at a minimum: 
NO, NO2, and NOX.
* * * * *
[FR Doc. 2016-11507 Filed 5-13-16; 8:45 am]
 BILLING CODE 6560-50-P

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