
[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Rules and Regulations]
[Pages 16184-16188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05939]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2012-0486, FRL-9789-2]
RIN 2060-AR59


Revision to Ambient Nitrogen Dioxide Monitoring Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is finalizing revisions to the deadlines established 
in the national ambient air quality standard (NAAQS) for nitrogen 
dioxide (NO2) for the near-road component of the 
NO2 monitoring network in order to implement a phased 
deployment approach. This approach will create a series of deadlines 
that will make the near-road NO2 network operational between 
January 1, 2014, and January 1, 2017. The EPA is also finalizing 
revisions to the approval authority for annual monitoring network plans 
for NO2 monitoring.

DATES: This final rule is effective March 14, 2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2012-0486. All documents in the docket are 
listed on the http://www.regulations.gov Web site. 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 statute. 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 
www.regulations.gov or in hard copy at the Revision to Ambient Nitrogen 
Dioxide Monitoring Requirements Docket, Docket ID No. EPA-HQ-OAR-2012-
0486, EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. This Docket Facility is open from 8:30 a.m. 
to 4:30 p.m. Monday through Friday excluding legal holidays. The docket 
telephone number is (202) 566-1742. 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.

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:

Table of Contents

    The following topics are discussed in this preamble:

I. Background
II. Changes to the Ambient NO2 Monitoring Requirements

[[Page 16185]]

    A. Near-Road NO2 Monitoring Network Implementation
    1. Proposed Changes
    2. Public Comments
    3. Conclusions on Near-Road NO2 Monitoring Network 
Implementation
    B. Change in Annual Monitoring Network Plan Approval Authority
    1. Proposed Change
    2. Public Comments
    3. Conclusions on Annual Monitoring Network Plan Approval 
Authority
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
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    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
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background

    On February 9, 2010, the EPA promulgated minimum monitoring 
requirements for the NO2 monitoring network in support of 
the revised NO2 NAAQS (75 FR 6474). The NO2 NAAQS 
was revised to include a 1-hour standard with a 98th percentile form 
averaged over three 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 NAAQS rulemaking, the EPA promulgated revisions to 
requirements for minimum numbers of ambient NO2 monitors 
that included new monitoring near major roads in larger urban areas. In 
addition, those monitoring revisions included 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 are as follows:
    The first tier of the ambient NO2 monitoring network 
requires near-road monitoring.\1\ There must be one microscale near-
road NO2 monitoring station in each Core Based Statistical 
Area (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 is 
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). 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 are required within 103 CBSAs nationwide.
---------------------------------------------------------------------------

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

    The second tier of the NO2 minimum monitoring 
requirements is for area-wide NO2 monitoring.\2\ There must 
be 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. These NO2 monitors are referred to as area-
wide monitors. Based on 2010 census data, approximately 52 area-wide 
NO2 sites are required within 52 CBSAs.
---------------------------------------------------------------------------

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

    The third tier of the NO2 minimum monitoring 
requirements is for the characterization of NO2 exposure for 
susceptible and vulnerable populations.\3\ The EPA Regional 
Administrators, in collaboration with states, must identify a minimum 
of 40 additional NO2 monitoring stations nationwide, in 
addition to the above minimum monitoring requirements for near-road and 
area-wide monitors, primarily focusing on siting these monitors in 
locations to protect susceptible and vulnerable populations.
---------------------------------------------------------------------------

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

    The 2010 NO2 NAAQS revision required states to submit a 
plan for establishing all required NO2 monitoring sites to 
the EPA Administrator by July 1, 2012. The rule also required all 
required monitoring stations to be operational by January 1, 2013.

II. Changes to the Ambient NO2 Monitoring Requirements

    This rulemaking will result in the following actions: (1) A change 
to the dates by which required near-road NO2 monitors will 
need to be identified in state Annual Monitoring Network Plans; (2) a 
change to the dates by which required near-road NO2 monitors 
shall be operational; and (3) a shift in the authority to approve 
NO2 monitoring plans from the EPA Administrator to the EPA 
Regional Administrators.

A. Near-Road NO2 Monitoring Network Implementation

    We are finalizing a phased implementation approach, as proposed (77 
FR 64244), to allow more time for states to establish the required 
near-road NO2 monitors on a schedule consistent with 
available resources. No changes are being made with regard to the 
implementation timing requirements for area-wide monitoring and for 
monitoring to characterize NO2 exposures for susceptible and 
vulnerable populations.
1. Proposed Changes
    In consideration of the limited availability of state and federal 
resources to implement all required near-road NO2 sites by 
2013, the EPA proposed to change the dates by which required near-road 
NO2 monitors are to be identified in annual monitoring 
network plans and physically established. The EPA proposed a phased 
implementation approach, where subsets of the required near-road 
NO2 monitors will be funded and become operational over the 
course of multiple years. Although the requirement to install these 
monitors is not dependent on the availability of federal funds, the EPA 
believes that it will be able to identify sufficient grant funding over 
time to support this phase-in approach, which would allow states to 
ultimately complete the near-road network with federally supplied 
funds.
    The EPA proposed the phased implementation for near-road 
NO2 monitors as follows:
    (a) For each CBSA with population of 1,000,000 or more persons, one 
near-road 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.
    (b) For each CBSA that is required to have two near-road monitors 
(either because the CBSA has a population of 2,500,000 or more persons 
or any CBSA with a population of 500,000 or more persons that has one 
or more roadway segments with 250,000 or greater AADT counts), the 
second near-road 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.

[[Page 16186]]

    (c) For each CBSA having a population of at least 500,000 or more 
persons (but less than 1,000,000), one near-road NO2 monitor 
shall be reflected in the state Annual Monitoring Plan submitted July 
1, 2016, and the monitor shall be operational by January 1, 2017.
2. Public Comments
    The EPA received comments from six states and multi-state 
representative groups and one citizen supporting the proposed revisions 
to the schedule for implementing near-road NO2 monitors. For 
example, the Northeast States for Coordinated Air Use Management 
(NESCAUM) stated it supports ``* * * the proposed changes to the 
NO2 near-road monitoring network deployment schedule. The 
proposed phase-in and additional time is consistent with what the Clean 
Air Scientific Advisory Committee's (CASAC's) Ambient Air Monitoring 
and Methods Subcommittee recommended to EPA * * *.'' The National 
Association of Clean Air Agencies (NACAA) stated that it ``* * * 
supports the Proposed Revision and commends EPA for responding to the 
recommendations of state and local agencies to implement a phased 
approach to deployment of the NO2 near-roadway network via 
rulemaking.''
    The EPA received one comment from a public citizen against the 
proposed revisions to the implementation schedule. The citizen 
commenter who objected to the proposed revision stated that the 
proposed action would lead to a trend in which the EPA will ``* * * 
continuously revise the deadline, as there will always be funding 
issues in our current economy.'' The commenter goes on to note that 
postponing network deployment may also be misinterpreted to mean the 
agency is minimizing the priority for near-road NO2 
monitoring.
    In response, the EPA notes that there will always be a need to 
balance monitoring objectives and requirements with available 
resources. Currently, there is a greater strain on federal, state, and 
local air monitoring resources than there has been during the recent 
past. This fact is articulated by multiple states and multi-state 
groups in their public comments on the proposed rulemaking, all of whom 
support the proposed revisions. For example, NACAA, which represents 
air pollution control agencies in 43 states, the District of Columbia, 
four territories, and 116 metropolitan areas, commented that ``* * * 
state and local agencies need additional, adequate federal funding in 
order to move forward with new monitoring requirements and continue to 
operate and maintain existing monitoring networks * * *''. NACAA goes 
on to state that installing and operating a new network such as the 
near-road NO2 network ``* * * requires the purchase of new 
equipment; installation of new sites; and additional staff, operation, 
and maintenance costs at a time when state and local agencies are 
already struggling with significant budget and staffing shortfalls.''
    The EPA has recognized the reality of state and local air agency 
funding and resource shortfalls. The EPA remains committed to near-road 
monitoring, but recognizes that the shift to near-road monitoring 
involves increased work and resource demands for site selection and 
implementation. The agency believes that the phased approach is the 
best solution to match the forecasted availability of federal funding, 
which will have to occur over multiple years, to allow the 
implementation of the required near-road NO2 network. 
However, as noted above, while the EPA is considering the availability 
of resources in establishing these schedules, these monitoring 
requirements are not contingent on the future availability of federal 
resources.
3. Conclusions on Near-Road NO2 Monitoring Network 
Implementation
    The EPA has concluded, upon consideration of public comments, that 
the revisions to the dates that states must submit a plan for 
establishing all required near-road NO2 monitors sites to 
the EPA and the dates by which those required near-road NO2 
monitors must be operational will be finalized as proposed. As such, 
near-road NO2 monitors shall be established as follows:
    (a) In each CBSA having 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.
    (b) In each CBSA required to have two near-road NO2 
monitors (i.e., any CBSA with a population of 2,500,000 or more 
persons, or any CBSA with a population of 500,000 or more persons that 
has one or more roadway segments with 250,000 or greater AADT counts), 
a 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.
    (c) In each CBSA having 500,000 or more persons (but less than 
1,000,000), one near-road NO2 monitor shall be reflected in 
the state Annual Monitoring Plan submitted July 1, 2016, and that 
monitor shall be operational by January 1, 2017.
    The EPA estimates, under these new revisions, that 52 near-road 
NO2 monitors would be operational by January 1, 2014, in 
CBSAs having 1,000,000 or more persons; an estimated 23 additional 
near-road NO2 monitors would be operational by January 1, 
2015, in any CBSA having 2,500,000 or more persons, or in those CBSAs 
with a population of 500,000 or more persons that has one or more 
roadway segments with 250,000 or greater AADT counts; and an estimated 
51 additional near-road NO2 sites would be operational by 
January 1, 2017, in those CBSAs having a population between 500,000 and 
1,000,000 persons.
    No changes are being made with regard to the implementation timing 
requirements for area-wide monitoring and for monitoring to 
characterize NO2 exposures for susceptible and vulnerable 
populations.

B. Change in Annual Monitoring Network Plan Approval Authority

    We are finalizing revisions to regulatory language, as proposed (77 
FR 64244), so that state and local air monitoring agencies shall submit 
annual NO2 monitoring network plans to the EPA Regional 
Administrators for approval.
1. Proposed Change
    The EPA proposed to amend the regulatory text in 40 CFR 58.10(a)(5) 
so that state and local air monitoring agencies are required to submit 
their NO2 monitoring network plans to their respective EPA 
Regional Administrator instead of the EPA Administrator for approval. 
This change would make the NO2 monitoring network plan 
submittals consistent with the requirements for submittal of Annual 
Monitoring Network Plans for ozone, carbon monoxide, sulfur dioxide, 
particulate matter, and lead to EPA Regional Administrators.
2. Public Comments
    The EPA received comments from five state and multi-state 
representative groups and one citizen supporting the proposed revisions 
to shift the approval authority of state Annual Monitoring Network 
Plans from the EPA Administrator to the EPA Regional Administrators. 
For example, the Wisconsin Department of Natural Resources supported 
this revision as this change will allow ``* * * for NO2 
monitoring network plans to be incorporated into Annual Network Plans 
reducing the time and resources required to prepare these plans 
[independent of other pollutant plans].'' The EPA did not receive any 
comments against the proposed changes to NO2

[[Page 16187]]

monitoring network plan approval authority.
3. Conclusions on Annual Monitoring Network Plan Approval Authority
    The EPA has concluded, upon consideration of public comments, that 
the revisions to the regulatory language in 40 CFR 58.10(a)(5) shall be 
finalized as they were proposed. As such, states shall submit Annual 
Monitoring Network Plans for NO2 monitoring to the EPA 
Regional Administrators for approval.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulations and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, 
therefore, not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). The proposed amendments to revise 
ambient NO2 monitoring requirements do not add any 
information collection requirements beyond those imposed by the 
existing NO2 monitoring requirements.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, small entity is defined as (1) a small business as defined by 
the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
will allow additional time for state and local air monitoring agencies 
to install and begin operating a subset of required NO2 
monitors and does not add any new requirements. Therefore, it will not 
present a significant economic impact on small entities.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in 
expenditures of $100 million or more for state, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
This action will allow additional time for state and local air 
monitoring agencies to install and begin operating a subset of required 
NO2 monitors and does not add any new requirements. This 
action imposes no new enforceable duty on any state, local or tribal 
governments or the private sector. Furthermore, the expected costs 
associated with the monitoring requirements are not expected to exceed 
$100 million in the aggregate for any year. Therefore, this action is 
not subject to the requirements of sections 202 or 205 of the UMRA. 
This action is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments because it imposes 
no enforceable duty on any small governments.

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, as 
specified in Executive Order 13132. This action will allow additional 
time for state and local air monitoring agencies to install and begin 
operating a subset of required NO2 monitors and does not add 
any new requirements. Thus, Executive Order 13132 does not apply to 
this action.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule 
imposes no requirements on tribal governments. This action will allow 
additional time for state and local air monitoring agencies to install 
and begin operating a subset of required NO2 monitors and 
does not add any new requirements. Thus, Executive Order 13175 does not 
apply to this action.

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

    The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as 
applying only to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the EO 
has the potential to influence the regulation. This action is not 
subject to EO 13045 because it does not establish or alter an 
environmental standard intended to mitigate health or safety risks, but 
merely allows additional time for state and local air monitoring 
agencies to install and begin operating a subset of required 
NO2 monitors.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. This action will allow additional time 
for state and local air monitoring agencies to install and begin 
operating a subset of required NO2 monitors and does not add 
any new requirements.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the agency decides not to use 
available and applicable voluntary consensus standards.
    This final rulemaking does not involve technical standards. 
Therefore, this action is not subject to the NTTAA.

[[Page 16188]]

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This rule will allow additional time for state and local 
air monitoring agencies to install and begin operating a subset of 
required NO2 monitors and does not add any new requirements 
or change any existing emission or ambient concentration standards.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A Major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective March 14, 2013.

List of Subjects in 40 CFR Part 58

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

    Dated: March 7, 2013.
Bob Perciasepe,
Acting Administrator.

    For the reasons discussed in the preamble, the EPA amends 40 CFR 
part 58 to read 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, 7410, 7601(a), 7611, and 7619.

Subpart B [AMENDED]

0
2. Section 58.10 is amended by revising paragraph (a)(5) and paragraph 
(b)(12) to read as follows:


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

* * * * *
    (a) * * *
    (5)(i) A plan for establishing or identifying an area-wide 
NO2 monitor, in accordance with the requirements of Appendix 
D, section 4.3.3 to this part, shall be submitted as part of the Annual 
Monitoring Network Plan to the EPA Regional Administrator by July 1, 
2012. The plan shall provide for these required monitors to be 
operational by January 1, 2013.
    (ii) A plan for establishing or identifying any NO2 
monitor intended to characterize vulnerable and susceptible 
populations, as required in Appendix D, section 4.3.4 to this part, 
shall be submitted as part of the Annual Monitoring Network Plan to the 
EPA Regional Administrator by July 1, 2012. The plan shall provide for 
these required monitors to be operational by January 1, 2013.
    (iii) A plan for establishing a single near-road NO2 
monitor in CBSAs having 1,000,000 or more persons, 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, 2013. The plan shall provide for 
these required monitors to be operational by January 1, 2014.
    (iv) A plan for establishing a second near-road NO2 
monitor in any CBSA with a population of 2,500,000 or more persons, or 
a second monitor in any CBSA with a population of 500,000 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.
    (v) A plan for establishing a single near-road NO2 
monitor in all CBSAs having 500,000 or more persons, but less than 
1,000,000, not already required by paragraph (a)(5)(iv) of this 
section, 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, 2016. The 
plan shall provide for these monitors to be operational by January 1, 
2017.
* * * * *
    (b) * * *
    (12) The identification of required NO2 monitors as 
near-road, area-wide, or vulnerable and susceptible population monitors 
in accordance with Appendix D, section 4.3 of this part.
* * * * *


0
3. Section 58.13 is amended by revising paragraph (c) to read as 
follows:


Sec.  58.13  Monitoring network completion.

* * * * *
    (c) The NO2 monitors required under Appendix D, section 
4.3 of this part must be physically established and operating under all 
of the requirements of this part, including the requirements of 
appendices A, C, D, and E to this part, no later than:
    (1) January 1, 2013, for area-wide NO2 monitors required 
in Appendix D, section 4.3.3;
    (2) January 1, 2013, for NO2 monitors intended to 
characterize vulnerable and susceptible populations that are required 
in Appendix D, section 4.3.4;
    (3) January 1, 2014, for an initial near-road NO2 
monitor in CBSAs having 1,000,000 million or more persons that is 
required in Appendix D, section 4.3.2;
    (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 500,000 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;
    (5) January 1, 2017, for a near-road NO2 monitor in 
CBSAs having 500,000 or more persons, but less than 1,000,000, not 
already required by paragraph (c)(4) of this section, that is required 
in Appendix D, section 4.3.2.
* * * * *
[FR Doc. 2013-05939 Filed 3-13-13; 8:45 am]
BILLING CODE 6560-50-P


