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 required monitoring stations to be operational by
January 1, 2017.
    (b) * * *
    (13) The identification of any PM2.5 FEMs and/or ARMs
used in the monitoring agency's network where the data are not of
sufficient quality such that data are not to be compared to the NAAQS.
For required SLAMS where the agency identifies that the
PM2.5 Class III FEM or ARM does not produce data of
sufficient quality for comparison to the NAAQS, the monitoring agency
must ensure that an operating FRM or filter-based FEM meeting the
sample frequency requirements described in Sec.  58.12 or other Class
III PM2.5 FEM or ARM with data of sufficient quality is
operating and reporting data to meet the network design criteria
described in appendix D to this part.
    (c) The annual monitoring network plan must document how state and
local agencies provide for the review of changes to a PM2.5
monitoring network that impact the location of a violating
PM2.5 monitor. The affected state or local agency must
document the process for obtaining public comment and include any
comments received through the public notification process within their
submitted plan.
    (d) The state, or where applicable local, agency shall perform and
submit to the EPA Regional Administrator an assessment of the air
quality surveillance system every 5 years to determine, at a minimum,
if the network meets the monitoring objectives defined in appendix D to
this part, whether new sites are needed, whether existing sites are no
longer needed and can be terminated, and whether new technologies are
appropriate for incorporation into the ambient air monitoring network.
The network assessment must consider the ability of existing and
proposed sites to support air quality characterization for areas with
relatively high populations of susceptible individuals (e.g., children
with asthma), and, for any sites that are being proposed for
discontinuance, the effect on data users other than the agency itself,
such as nearby states and tribes or health effects studies. The state,
or where applicable local, agency must submit a copy of this 5-year
assessment, along with a revised annual network plan, to the Regional
Administrator. The assessments are due every five years beginning July
1, 2010.
* * * * *

0
15. Section 58.11 is amended by adding paragraph (e) to read as
follows:

Sec.  58.11  Network technical requirements.

* * * * *
    (e) State and local governments must assess data from Class III
PM2.5 FEM and ARM monitors operated within their network
using the performance criteria described in table C-4 to subpart C of
part 53 of this chapter, for cases where the data are identified as not
of sufficient comparability to a collocated FRM, and the monitoring
agency requests that the FEM or ARM data should not be used in
comparison to the NAAQS. These assessments are required in the
monitoring agency's annual monitoring network plan described in Sec.
58.10(b) for cases where the FEM or ARM is identified as not of
sufficient comparability to a collocated FRM. For these collocated
PM2.5 monitors the performance criteria apply with the
following additional provisions:
    (1) The acceptable concentration range (Rj), [mu]g/m\3\ may include
values down to 0 [mu]g/m\3\.
    (2) The minimum number of test sites shall be at least one;
however, the number of test sites will generally include all locations
within an agency's network with collocated FRMs and FEMs or ARMs.
    (3) The minimum number of methods shall include at least one FRM
and at least one FEM or ARM.
    (4) Since multiple FRMs and FEMs may not be present at each site;
the precision statistic requirement does not apply, even if precision
data are available.
    (5) All seasons must be covered with no more than thirty-six
consecutive months of data in total aggregated together.
    (6) The key statistical metric to include in an assessment is the
bias (both additive and multiplicative) of the PM2.5
continuous FEM(s) compared to a collocated FRM(s). Correlation is
required to be reported in the assessment, but failure to meet the
correlation criteria, by itself, is not cause to exclude data from a
continuous FEM monitor.

0
16. Section 58.12 is amended by revising paragraph (d)(1)(iii) and by
removing and reserving paragraph (f)(2) to read as follows:

Sec.  58.12  Operating schedules.

* * * * *
    (d) * * *
    (1) * * *
    (iii) Required SLAMS stations whose measurements determine the 24-
hour design value for their area and whose data are within plus or
minus 5 percent of the level of the 24-hour PM2.5 NAAQS must
have an FRM or FEM operate on a daily schedule if that area's design
value for the annual NAAQS is less than the level of the annual
PM2.5 standard. A continuously operating FEM or ARM
PM2.5 monitor satisfies this requirement unless it is
identified in the monitoring agency's annual monitoring network plan as
not appropriate for comparison to the NAAQS.
* * * * *
    (f) * * *

    (2) [Reserved]
* * * * *

0
17. Section 58.13 is amended by adding paragraph (f) to read as
follows:

Sec.  58.13  Monitoring network completion.

* * * * *
    (f) PM2.5 monitors required in near-road environments as
described in appendix D to 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, 2015 for PM2.5 monitors in CBSAs having
2.5 million persons or more; or
    (2) January 1, 2017 for PM2.5 monitors in CBSAs having 1
million or more, but less than 2.5 million persons.

0
18. Section 58.16 is amended by revising paragraphs (a) and (f) to read
as follows:

Sec.  58.16  Data submittal and archiving requirements.

    (a) The state, or where appropriate, local agency, shall report to
the Administrator, via AQS all ambient air quality data and associated
quality assurance data for SO2; CO; O3;
NO2; NO; NOy; NOX; Pb-TSP mass concentration; Pb-
PM10 mass concentration; PM10 mass concentration;
PM2.5 mass concentration; for filter-based PM2.5
FRM/FEM the field blank mass, sampler-generated average daily
temperature, and sampler-generated average daily pressure; chemically
speciated PM2.5 mass concentration data; PM10-2.5
mass concentration; meteorological data from NCore and PAMS sites;
average daily temperature and average daily pressure for Pb sites if
not already reported from sampler generated records; and metadata
records and information specified by the AQS Data Coding Manual (http://www.epa.gov/ttn/airs/airsaqs/manuals/manuals.htm). The state, or where
appropriate, local agency, may report site specific meteorological
measurements generated by onsite equipment (meteorological instruments,
or sampler generated) or measurements from the nearest airport
reporting ambient pressure and temperature. Such air quality data and
information must be submitted directly to the AQS via electronic
transmission on the specified quarterly schedule described in paragraph
(b) of this section.
* * * * *
    (f) The state, or where applicable, local agency shall archive all
PM2.5, PM10, and PM10-2.5 filters from
manual low-volume samplers (samplers having flow rates less than 200
liters/minute) from all SLAMS sites for a minimum period of 5 years
after collection. These filters shall be made available for
supplemental analyses, including destructive analyses if necessary, at
the request of EPA or to provide information to state and local
agencies on particulate matter composition. Other Federal agencies may
request access to filters for purposes of supporting air quality
management or community health--such as biological assay--through the
applicable EPA Regional Administrator. The filters shall be archived
according to procedures approved by the Administrator, which shall
include cold storage of filters after post-sampling laboratory analyses
for at least 12 months following field sampling. The EPA recommends
that particulate matter filters be archived for longer periods,
especially for key sites in making NAAQS-related decisions or for
supporting health-related air pollution studies.
* * * * *

0
19. Section 58.20 is amended by revising paragraph (c) to read as
follows:

Sec.  58.20  Special purpose monitors (SPM).

* * * * *
    (c) All data from an SPM using an FRM, FEM, or ARM which has
operated for more than 24 months are eligible for comparison to the
relevant NAAQS, subject to the conditions of Sec. Sec.  58.11(e) and
58.30, unless the air monitoring agency demonstrates that the data came
from a particular period during which the requirements of appendix A,
appendix C, or appendix E to this part were not met, subject to review
and EPA Regional Office approval as part of the annual monitoring
network plan described in Sec.  58.10.
* * * * *

0
20. The heading for Subpart D is revised to read as follows:

Subpart D--Comparability of Ambient Data to the NAAQS

0
21. Section 58.30 is amended by revising paragraph (a) to read as
follows:

Sec.  58.30  Special considerations for data comparisons to the NAAQS.

    (a) Comparability of PM2.5 data. The primary and secondary annual
and 24-hour PM2.5 NAAQS are described in part 50 of this
chapter. Monitors that follow the network technical requirements
specified in Sec.  58.11 are eligible for comparison to the NAAQS
subject to the additional requirements of this section.
PM2.5 measurement data from all eligible monitors are
comparable to the 24-hour PM2.5 NAAQS. PM2.5
measurement data from all eligible monitors that are representative of
area-wide air quality are comparable to the annual PM2.5
NAAQS. Consistent with appendix D to this part, section 4.7.1, when
micro- or middle-scale PM2.5 monitoring sites collectively
identify a larger region of localized high ambient PM2.5
concentrations, such sites would be considered representative of an
area-wide location and, therefore, eligible for comparison to the
annual PM2.5 NAAQS. PM2.5 measurement data from
monitors that are not representative of area-wide air quality but
rather of relatively unique micro-scale, or localized hot spot, or
unique middle-scale impact sites are not eligible for comparison to the
annual PM2.5 NAAQS. PM2.5 measurement data from
these monitors are eligible for comparison to the 24-hour
PM2.5 NAAQS. For example, if a micro- or middle-scale
PM2.5 monitoring site is adjacent to a unique dominating
local PM2.5 source, then the PM2.5 measurement
data from such a site would only be eligible for comparison to the 24-
hour PM2.5 NAAQS. Approval of sites that are suitable and
sites that are not suitable for comparison with the annual
PM2.5 NAAQS is provided for as part of the annual monitoring
network plan described in Sec.  58.10.
* * * * *

0
22. Appendix A to part 58 is amended as follows:
0
a. By redesignating the existing introductory paragraph in section 1 as
paragraph (b) in section 1, and revising newly redesignated paragraph
(b).
0
b. By adding paragraph (a) to section 1.
0
c. By revising paragraphs <IP_ADDRESS>, and <IP_ADDRESS>.
0
d. By revising Table A-1.
    The revisions and additions read as follows:

Appendix A to Part 58--Quality Assurance Requirements for SLAMS, SPMs
and PSD Air Monitoring

* * * * *
    1. * * *
    (a) Each monitoring organization is required to implement a
quality system that provides sufficient information to assess the
quality of the monitoring data. The quality system must, at a
minimum, include the specific requirements described in this
appendix of this subpart. Failure to conduct or pass a required
check or procedure, or a series of required checks or procedures,
does not by itself invalidate data for regulatory decision making.
Rather, monitoring agencies and EPA shall use the checks and
procedures required in this appendix in combination with other data
quality information, reports, and similar documents showing overall
compliance with part 58. Accordingly, EPA

and monitoring agencies shall use a ``weight of evidence'' approach
when determining the suitability of data for regulatory decisions.
The EPA reserves the authority to use or not use monitoring data
submitted by a monitoring organization when making regulatory
decisions based on the EPA's assessment of the quality of the data.
Generally, consensus built validation templates or validation
criteria already approved in Quality Assurance Project Plans (QAPPs)
should be used as the basis for the weight of evidence approach.
    (b) This appendix specifies the minimum quality system
requirements applicable to SLAMS air monitoring data and PSD data
for the pollutants SO2, NO2, O3,
CO, Pb, PM2.5, PM10 and PM10-2.5
submitted to EPA. This appendix also applies to all SPM stations
using FRM, FEM, or ARM methods which also meet the requirements of
appendix E of this part, unless alternatives to this appendix for
SPMs have been approved in accordance with Sec.  58.11(a)(2).
Monitoring organizations are encouraged to develop and maintain
quality systems more extensive than the required minimums. The
permit-granting authority for PSD may require more frequent or more
stringent requirements. Monitoring organizations may, based on their
quality objectives, develop and maintain quality systems beyond the
required minimum. Additional guidance for the requirements reflected
in this appendix can be found in the ``Quality Assurance Handbook
for Air Pollution Measurement Systems'', Volume II (see reference 10
of this appendix) and at a national level in references 1, 2, and 3
of this appendix.
* * * * *
    3.2.5* * *
    <IP_ADDRESS> The two collocated monitors must be within 4 meters of
each other and at least 2 meters apart for flow rates greater than
200 liters/min or at least 1 meter apart for samplers having flow
rates less than 200 liters/min to preclude airflow interference. A
waiver allowing up to 10 meters horizontal distance and up to 3
meters vertical distance (inlet to inlet) between a primary and
collocated sampler may be approved by the Regional Administrator for
sites at a neighborhood or larger scale of representation. This
waiver may be approved during the annual network plan approval
process. Calibration, sampling, and analysis must be the same for
all the collocated samplers in each agency's network.
* * * * *
    3.2.6 * * *
    <IP_ADDRESS> The two collocated monitors must be within 4 meters of
each other and at least 2 meters apart for flow rates greater than
200 liters/min or at least 1 meter apart for samplers having flow
rates less than 200 liters/min to preclude airflow interference. A
waiver allowing up to 10 meters horizontal distance and up to 3
meters vertical distance (inlet to inlet) between a primary and a
collocated sampler may be approved by the Regional Administrator for
sites at a neighborhood or larger scale of representation taking
into consideration safety, logistics, and space availability. This
waiver may be approved during the annual network plan approval
process. Calibration, sampling, and analysis must be the same for
all the collocated samplers in each agency's network.
* * * * *

 Table A-1 of Appendix A to Part 58--Difference and Similarities Between
                       SLAMS and PSD Requirements
------------------------------------------------------------------------
              Topic                      SLAMS                PSD
------------------------------------------------------------------------
Requirements....................  1. The              Same as SLAMS.
                                   development,
                                   documentation,
                                   and
                                   implementation of
                                   an approved
                                   quality system.
                                  2. The assessment
                                   of data quality.
                                  3. The use of
                                   reference,
                                   equivalent, or
                                   approved methods.
                                  4. The use of
                                   calibration
                                   standards
                                   traceable to NIST
                                   or other primary
                                   standard.
                                  5. The              Same as SLAMS
                                   participation in
                                   EPA performance
                                   evaluations and
                                   the permission
                                   for EPA to
                                   conduct system
                                   audits.
Monitoring and QA Responsibility  State/local agency  Source owner/
                                   via the ``primary   operator.
                                   quality assurance
                                   organization''.
Monitoring Duration.............  Indefinitely......  Usually up to 12
                                                       months.
Annual Performance Evaluation     Standards and       Personnel,
 (PE).                             equipment           standards and
                                   different from      equipment
                                   those used for      different from
                                   spanning,           those used for
                                   calibration, and    spanning,
                                   verifications.      calibration, and
                                   Prefer different    verifications.
                                   personnel.
PE audit rate:
    --Automated.................  100% per year.....  100% per quarter.
    --Manual....................  Varies depending    100% per quarter.
                                   on pollutant. See
                                   Table A-2 of this
                                   appendix.
Precision Assessment:
    --Automated.................  One-point QC check  One point QC check
                                   biweekly but data   biweekly.
                                   quality dependent.
    --Manual....................  Varies depending    One site: 1 every
                                   on pollutant. See   6 days or every
                                   Table A-2 of this   third day for
                                   appendix.           daily monitoring
                                                       (TSP and Pb).
Reporting
    --Automated.................  By site--EPA        By site--source
                                   performs            owner/operator
                                   calculations        performs
                                   annually.           calculations each
                                                       sampling quarter.
    --Manual....................  By reporting        By site--source
                                   organization--EPA   owner/operator
                                   performs            performs
                                   calculations        calculations each
                                   annually.           sampling quarter.
------------------------------------------------------------------------

* * * * *

0
23. Appendix D to part 58 is amended as follows:
0
a. By revising paragraphs 4.7.1(b) and 4.7.1(c)(1).
0
b. By removing paragraph 4.7.5.
0
c. By removing and reserving paragraph 4.8.2.

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

* * * * *
    4.7.1 * * *
    (b) Specific Design Criteria for PM2.5. The required
monitoring stations or sites must be sited to represent area-wide
air quality. These sites can include sites collocated at PAMS. These
monitoring stations will typically be at neighborhood or urban-
scale; however, micro-or middle-scale PM2.5 monitoring
sites that represent many such locations throughout a metropolitan
area are considered to represent area-wide air quality.
    (1) At least one monitoring station is to be sited at
neighborhood or larger scale in an area of expected maximum
concentration.
    (2) For CBSAs with a population of 1,000,000 or more persons, at
least one PM2.5 monitor is to be collocated at a near-
road NO2

station required in section 4.3.2(a) of this appendix.
    (3) For areas with additional required SLAMS, a monitoring
station is to be sited in an area of poor air quality.
    (4) Additional technical guidance for siting PM2.5
monitors is provided in references 6 and 7 of this appendix.
    (c) * * *
    (1) Micro-scale. This scale would typify areas such as downtown
street canyons and traffic corridors where the general public would
be exposed to maximum concentrations from mobile sources. In some
circumstances, the micro-scale is appropriate for particulate sites.
SLAMS sites measured at the micro-scale level should, however, be
limited to urban sites that are representative of long-term human
exposure and of many such microenvironments in the area. In general,
micro-scale particulate matter sites should be located near
inhabited buildings or locations where the general public can be
expected to be exposed to the concentration measured. Emissions from
stationary sources such as primary and secondary smelters, power
plants, and other large industrial processes may, under certain
plume conditions, likewise result in high ground level
concentrations at the micro-scale. In the latter case, the micro-
scale would represent an area impacted by the plume with dimensions
extending up to approximately 100 meters. Data collected at micro-
scale sites provide information for evaluating and developing hot
spot control measures.
* * * * *
    4.8 * * *
    4.8.2 [Reserved]
* * * * *

0
24. Appendix E to part 58 is amended as follows:
0
a. By adding table E-1 to paragraph 6 above paragraph 6.1.
0
b. By revising table E-4.

Appendix E to Part 58--Probe and Monitoring Path Siting Criteria for
Ambient Air Quality Monitoring

* * * * *
    6. * * *

 Table E-1 to Appendix E of Part 58--Minimum Separation Distance Between
 Roadways and Probes or Monitoring Paths for Monitoring Neighborhood and
    Urban Scale Ozone (O3) and Oxides of Nitrogen (NO, NO2, NOX, NOy)
------------------------------------------------------------------------
                                                 Minimum       Minimum
  Roadway  average daily traffic,  vehicles   distance \1\  distance 1 2
                   per day                       (meters)      (meters)
------------------------------------------------------------------------
<= 1,000....................................            10            10
10,000......................................            10            20
15,000......................................            20            30
20,000......................................            30            40
40,000......................................            50            60
70,000......................................           100           100
>= 110,000..................................           250           250
------------------------------------------------------------------------
\1\ Distance from the edge of the nearest traffic lane. The distance for
  intermediate traffic counts should be interpolated from the table
  values based on the actual traffic count.
\2\ Applicable for ozone monitors whose placement has not already been
  approved as of December 18, 2006.

* * * * *
    11. * * *

                                Table E-4 of Appendix E to Part 58--Summary of Probe and Monitoring Path Siting Criteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Horizontal and
                                                                                vertical distance
                                         Scale (maximum       Height from ground to     from supporting      Distance from trees       Distance from
             Pollutant                   monitoring path     probe, inlet or 80% of    structures \2\ to      to probe, inlet or     roadways to probe,
                                         length, meters)       monitoring path \1\    probe, inlet or 90%     90% of monitoring     inlet or monitoring
                                                                    (meters)         of monitoring path\1\    path \1\ (meters)      path \1\ (meters)
                                                                                (meters)
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2 3 4 5 6........................  Middle (300 m)          2-15..................  >1...................  >10..................  N/A.
                                      Neighborhood Urban,
                                      and Regional (1 km).
CO 4 5 7...........................  Micro [downtown or      2.5-3.5; 2-7; 2-15....  >1...................  >10..................  2-10 for downtown
                                      street canyon sites],                                                                         areas or street
                                      micro [near-road                                                                              canyon microscale;
                                      sites], middle (300                                                                           <=50 for near-road
                                      m) and Neighborhood                                                                           microscale; see
                                      (1 km).                                                                                Table E-2 of this
                                                                                appendix for middle
                                                                                and neighborhood
                                                                                scales.
O 33 4 5...........................  Middle (300 m)          2-15..................  >1...................  >10..................  See Table E-1 of this
                                      Neighborhood, Urban,                                                                          appendix for all
                                      and Regional (1 km).                                                                          scales.
NO2 3 4 5..........................  Micro (Near-road [50-   2-7 (micro);..........  >1...................  >10..................  <=50 for near-road
                                      300 m]).                                                                                micro-scale.
                                     Middle (300 m)........  2-15 (all other
                                                              scales).
                                     Neighborhood, Urban,    ......................  .....................  .....................  See Table E-1 of this
                                      and Regional (1 km).                                                                          appendix for all
                                                                                other scales.
Ozone precursors (for PAMS) 3 4 5..  Neighborhood and Urban  2-15..................  >1...................  >10..................  See Table E-4 of this
                                      (1 km).                                                                                appendix for all
                                                                                scales.
PM, Pb 3 4 5 6 8...................  Micro, Middle,          2-7 (micro); 2-7        >2 (all scales,        >10 (all scales).....  2-10 (micro); see
                                      Neighborhood, Urban     (middle                 horizontal distance                           Figure E-1 of this
                                      and Regional.           PM10[dash]2.5); 2-7     only).                                        appendix for all
                                                              for near-road; 2-15                                                   other scales. <=50
                                                              (all other scales).                                                   for near-road.
--------------------------------------------------------------------------------------------------------------------------------------------------------
N/A--Not applicable.
\1\ Monitoring path for open path analyzers is applicable only to middle or neighborhood scale CO monitoring, middle, neighborhood, urban, and regional
  scale NO2 monitoring, and all applicable scales for monitoring SO2, O3, and O3 precursors.
\2\ When probe is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on roof.
\3\ Should be greater than 20 meters from the dripline of tree(s) and must be 10 meters from the dripline when the tree(s) act as an obstruction.
\4\ Distance from sampler, probe, or 90 percent of monitoring path to obstacle, such as a building, must be at least twice the height the obstacle
  protrudes above the sampler, probe, or monitoring path. Sites not meeting this criterion may be classified as middle scale (see text).
\5\ Must have unrestricted airflow 270 degrees around the probe or sampler; 180 degrees if the probe is on the side of a building or a wall.
\6\ The probe, sampler, or monitoring path should be away from minor sources, such as furnace or incineration flues. The separation distance is
  dependent on the height of the minor source's emission point (such as a flue), the type of fuel or waste burned, and the quality of the fuel (sulfur,
  ash, or lead content). This criterion is designed to avoid undue influences from minor sources.
\7\ For micro-scale CO monitoring sites, the probe must be >10 meters from a street intersection and preferably at a midblock location.

\8\ Collocated monitors must be within 4 meters of each other and at least 2 meters apart for flow rates greater than 200 liters/min or at least 1 meter
  apart for samplers having flow rates less than 200 liters/min to preclude airflow interference, unless a waiver is in place as approved by the
  Regional Administrator pursuant to section 3 of Appendix A.

* * * * *

0
25. Appendix G to part 58 is amended as follows:
0
a. By revising section 9.
0
b. By revising section 10.
0
c. By revising paragraphs 12.1 introductory text and 12.1.a, and table
2.
0
d. By revising section 13.

Appendix G to Part 58--Uniform Air Quality Index (AQI) and Daily
Reporting

* * * * *

9. How does the AQI relate to air pollution levels?

    For each pollutant, the AQI transforms ambient concentrations to a
scale from 0 to 500. The AQI is keyed as appropriate to the national
ambient air quality standards (NAAQS) for each pollutant. In most
cases, the index value of 100 is associated with the numerical level of
the short-term standard (i.e., averaging time of 24-hours or less) for
each pollutant. The index value of 50 is associated with the numerical
level of the annual standard for a pollutant, if there is one, at one-
half the level of the short-term standard for the pollutant, or at the
level at which it is appropriate to begin to provide guidance on
cautionary language. Higher categories of the index are based on
increasingly serious health effects and increasing proportions of the
population that are likely to be affected. The index is related to
other air pollution concentrations through linear interpolation based
on these levels. The AQI is equal to the highest of the numbers
corresponding to each pollutant. For the purposes of reporting the AQI,
the sub-indexes for PM10 and PM2.5 are to be
considered separately. The pollutant responsible for the highest index
value (the reported AQI) is called the ``critical'' pollutant.

10. What monitors should I use to get the pollutant concentrations for
calculating the AQI?

    You must use concentration data from State/Local Air Monitoring
Station (SLAMS) or parts of the SLAMS required by 40 CFR 58.10 for each
pollutant except PM. For PM, calculate and report the AQI on days for
which you have measured air quality data (e.g., from continuous
PM2.5 monitors required in Appendix D to this part). You may
use PM measurements from monitors that are not reference or equivalent
methods (for example, continuous PM10 or PM2.5
monitors). Detailed guidance for relating non-approved measurements to
approved methods by statistical linear regression is referenced in
section 13 below.
* * * * *

12. How do I calculate the AQI?

    i. The AQI is the highest value calculated for each pollutant as
follows:
    a. Identify the highest concentration among all of the monitors
within each reporting area and truncate as follows:

(1) Ozone--truncate to 3 decimal places
PM2.5--truncate to 1 decimal place
PM10--truncate to integer
CO--truncate to 1 decimal place
SO2--truncate to integer
NO2--truncate to integer

    (2) [Reserved]
* * * * *

                                                            Table 2--Breakpoints for the AQI
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  These breakpoints                                                            Equal these AQI's
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  PM10 ([mu]g/
          O3 (ppm) 8-hour           O3 (ppm) 1-   PM2.5 ([mu]g/    m\3\) 24-   CO (ppm) 8-  SO2 (ppb) 1- NO2 (ppb) 1-     AQI             Category
                                      hour\1\     m\3\) 24-hour       hour         hour         hour         hour
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.000-0.059.......................  ...........         0.0-12.0         0-54      0.0-4.4         0-35         0-53         0-50  Good.
0.060-0.075.......................  ...........        12.1-35.4       55-154      4.5-9.4        36-75       54-100       51-100  Moderate.
0.076-0.095.......................  0.125-0.164        35.5-55.4      155-254     9.5-12.4       76-185      101-360      101-150  Unhealthy for
                                                                                Sensitive Groups.
0.096-0.115.......................  0.165-0.204   \3\ 55.5-150.4      255-354    12.5-15.4  \4\ 186-304      361-649      151-200  Unhealthy.
0.116-0.374.......................  0.205-0.404  \3\ 150.5-250.4      355-424    15.5-30.4  \4\ 305-604     650-1249      201-300  Very Unhealthy.
(\2\).............................  0.405-0.504  \3\ 250.5-350.4      425-504    30.5-40.4  \4\ 605-804    1250-1649      301-400  Hazardous.
(\2\).............................  0.505-0.604  \3\ 350.5-500.4      505-604    40.5-50.4     \4\ 805-    1650-2049      401-500
                                                                                1004
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Areas are generally required to report the AQI based on 8-hour ozone values. However, there are a small number of areas where an AQI based on 1-hour
  ozone values would be more precautionary. In these cases, in addition to calculating the 8-hour ozone index value, the 1-hour ozone index value may be
  calculated, and the maximum of the two values reported.
\2\ 8-hour O\3\ values do not define higher AQI values (>=301). AQI values of 301 or greater are calculated with 1-hour O3 concentrations.
\3\ If a different SHL for PM2.5 is promulgated, these numbers will change accordingly.
\4\ 1-hr SO2 values do not define higher AQI values (>= 200). AQI values of 200 or greater are calculated with 24-hour SO2 concentrations.

* * * * *

13. What additional information should I know?

    The EPA has developed a computer program to calculate the AQI for
you. The program prompts for inputs, and it displays all the pertinent
information for the AQI (the index value, color, category, sensitive
group, health effects, and cautionary language). The EPA has also
prepared a brochure on the AQI that explains the index in detail (The
Air Quality Index), Reporting Guidance (Technical Assistance Document
for the Reporting of Daily Air Quality--the Air Quality Index (AQI))
that provides associated health effects and cautionary statements, and
Forecasting Guidance (Guideline for Developing an Ozone Forecasting
Program) that explains the steps necessary to start an air pollution
forecasting program. You can download the program and the guidance
documents at www.airnow.gov. Reference for relating non-approved PM
measurements to approved methods (Eberly, S., T. Fitz-Simons, T.
Hanley, L. Weinstock., T. Tamanini, G. Denniston, B. Lambeth, E.
Michel, S. Bortnick. Data Quality Objectives (DQOs) For Relating
Federal Reference Method (FRM) and Continuous PM2.5
Measurements to Report an Air Quality Index (AQI). U.S. Environmental
Protection Agency, Research Triangle Park, NC. EPA-454/B-02-002,
November 2002) can be found on the Ambient Monitoring Technology
Information Center

(AMTIC) Web site, http://www.epa.gov/ttnamti1/.
[FR Doc. 2012-30946 Filed 1-14-13; 8:45 am]
BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 3, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2001-10210

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  YES Linhas Aéreas Charter					Date Filed:  August 29, 2003

Relief requested: exemption from 49 U.S.C. § 41301 to engage in charter
foreign air transportation of persons, property and mail (1) between any
point or points in Portugal and any point or points in the United
States; and (2) between any point or points in the United States and any
point or points in a third country or countries.

Date and citation of last action:  YES Linhas Aéreas Charter previously
held the authority described above; that authority expired by its terms
on August 22, 2003 (see Notice of Action Taken, dated August 21, 2001,
in this docket).

Applicant representative:  William Karas<PHONE_NUMBER>

Responsive pleadings:  The applicant notified the Department that it had
polled all interested parties served with its August 29, 2003,
application and received no objections to grant of the requested
authority.

	DISPOSITION

Action:  Approved								Action date:  September 3, 2003

Effective dates of authority granted:  September 3, 2003-September 3,
2005

Basis for approval (bilateral agreement/reciprocity):  United
States-Portugal Air Transport Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X Standard exemption conditions (attached)

Special conditions/Partial grant/Denial basis/Remarks:  The authority
granted above is subject to the conditions of the United States-Portugal
Agreement, including specifically the Transitional Provisions of Annex
IV.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within ten (10) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

			Attachment

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

08/2003


[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Proposed Rules]
[Page 29678]
[FR Doc No: 2020-09073]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0220; FRL-10008-78-Region 1]

Air Plan Approval; Massachusetts; Negative Declaration for the
Oil and Gas Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Massachusetts. The revision provides Massachusetts'
determination, via a negative declaration, that there are no facilities
within its borders subject to EPA's 2016 Control Technique Guideline
(CTG) for the oil and gas industry. The intended effect of this action
is to propose approval of these items into the Massachusetts SIP. This
action is being taken in accordance with the Clean Air Act.

DATES: Written comments must be received on or before June 17, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2019-0220 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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 located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Environmental Protection
Specialist, Air and Radiation Division (Mail Code 05-2), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109-3912;<PHONE_NUMBER>.
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules Section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action
rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the Rules Section of this Federal Register.

    Dated: April 21, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-09073 Filed 5-15-20; 8:45 am]
 BILLING CODE 6560-50-P