rule will not impose any requirements on small entities. Rather, this
rule establishes national standards for allowable concentrations of
particulate matter in ambient air as required by section 109 of the
CAA. See also American Trucking Associations v. EPA. 175 F.3d at 1044-
45 (NAAQS do not have significant impacts upon small entities because
NAAQS themselves impose no regulations upon small entities). We
continue to be interested in the potential impacts of the proposed rule
on small entities and welcome comments on issues related to such
impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any state, local or
tribal governments or the private sector beyond those duties already
established in the CAA. 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 section 205 of
the UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action imposes
no new expenditure or enforceable duty on any state, local, or tribal
governments or the private sector, and the EPA has determined that this
rule contains no regulatory requirements that might significantly or
uniquely affect small governments.
    Furthermore, in setting a NAAQS, the EPA cannot consider the
economic or technological feasibility of attaining ambient air quality
standards although such factors may be considered to a degree in the
development of state plans to implement the standards. See also
American Trucking Associations v. EPA, 175 F. 3d at 1043 (noting that
because the EPA is precluded from considering costs of implementation
in establishing NAAQS, preparation of a Regulatory Impact Analysis
pursuant to the Unfunded Mandates Reform Act would not furnish any
information which the court could consider in reviewing the NAAQS). The
EPA acknowledges, however, that any corresponding revisions to
associated SIP requirements and air quality surveillance requirements,
40 CFR part 51 and 40 CFR part 58, respectively, might result in such
effects. Accordingly, the EPA will address, as appropriate, unfunded
mandates if and when it proposes any revisions to 40 CFR parts 51 or
58.

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. The rule does not alter the
relationship between the Federal government and the states regarding
the establishment and implementation of air quality improvement
programs as codified in the CAA. Under section 109 of the CAA, the EPA
is mandated to establish and review NAAQS; however, CAA section 116
preserves the rights of states to establish more stringent requirements
if deemed necessary by a state. Furthermore, this final rule does not
impact CAA section 107 which establishes that the states have primary
responsibility for implementation of the NAAQS. Finally, as noted in
section D (above) on UMRA, this rule does not impose significant costs
on state, local, or Tribal governments or the private sector. Thus,
Executive Order 13132 does not apply to this action.
    However, as also noted in section D (above) on UMRA, the EPA
recognizes that states will have a substantial interest in this rule
and any corresponding revisions to associated air quality surveillance
requirements, 40 CFR part 58.

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

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' This rule concerns
the establishment of national standards to address the health and
welfare effects of particulate matter. Historically, the EPA's
definition of ``tribal implications'' has been limited to situations in
which it can be shown that a rule has impacts on the tribes' ability to
govern or implications for tribal sovereignty. Based on this historic
definition, this action does not have Tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000), i.e. because
it does not have a substantial direct effect on one or more Indian
tribes, since tribes are not obligated to adopt or implement any NAAQS.
Nevertheless, we were aware that many tribes would be interested in
this rule and we undertook a number of outreach activities to inform
tribes about the PM NAAQS review and offered to two consultations with
tribes.
    Although Executive Order 13175 does not apply to this rule, the EPA
undertook a consultation process including: Prior to proposal on March
29, 2012 we sent letters to tribal leadership inviting consultation on
the rule and then sent a second round of letters offering consultation
after the proposal was issued on June 29, 2012. No tribe requested a
formal consultation with the EPA. We conducted outreach and information
calls to tribal environmental staff on May 9, 2012; June 15, 2012; and
August 1, 2012. We also participated on the National Tribal Air
Association call on June 28, 2012.
    As a result we received comments from the National Tribal Air
Association, the Southern Ute Mountain Ute Tribe, and the Navajo Nation
EPA. In general, these tribal organizations were supportive of the
EPA's proposal.

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

    This action is subject to Executive Order 13045 (62 FR 19885, April
23, 1997) because it is an economically significant regulatory action
as defined by Executive Order 12866, and the EPA believes that the
environmental health or safety risk addressed by this action may have a
disproportionate effect on children. Accordingly, we have evaluated the
environmental health or safety effects of PM exposures on children. The
protection offered by these standards is especially important for
children because childhood represents a lifestage associated with
increased susceptibility to PM-related health effects. Because children
have been identified as an at-risk population, we have carefully
evaluated the environmental health effects of exposure to PM pollution
among children. Discussions of the results of the evaluation of the
scientific evidence and policy considerations pertaining to

children are contained in sections III.B, III.D, III.E, IV.B, and IV.C
of this preamble. The revised primary PM2.5 NAAQS discussed
above will provide greater public health protection, including
increased protection for at-risk populations such as children.

H. Executive Order 13211: Actions 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. The purpose of this action concerns the
review of the NAAQS for PM. The action does not prescribe specific
pollution control strategies by which these ambient standards will be
met. Such strategies are developed by states on a case-by-case basis,
and the EPA cannot predict whether the control options selected by
states will include regulations on energy suppliers, distributors, or
users.

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, section 12(d) (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. The 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 involves technical standards for
environmental monitoring and measurement. Specifically, the EPA
proposes to retain the indicators for fine (PM2.5) and
coarse (PM10) particles. The indicator for fine particles is
measured using the Reference Method for the Determination of Fine
Particulate Matter as PM2.5 in the Atmosphere (appendix L to
40 CFR part 50), which is known as the PM2.5 FRM, and the
indicator for coarse particles is measured using the Reference Method
for the Determination of Particulate Matter as PM10 in the
Atmosphere (appendix J to 40 CFR part 50), which is known as the
PM10 FRM.
    To the extent feasible, the EPA employs a Performance-Based
Measurement System (PBMS), which does not require the use of specific,
prescribed analytic methods. The PBMS is defined as a set of processes
wherein the data quality needs, mandates or limitations of a program or
project are specified, and serve as criteria for selecting appropriate
methods to meet those needs in a cost-effective manner. It is intended
to be more flexible and cost effective for the regulated community; it
is also intended to encourage innovation in analytical technology and
improved data quality. Though the FRM defines the particular
specifications for ambient monitors, there is some variability with
regard to how monitors measure PM, depending on the type and size of PM
and environmental conditions. Therefore, it is not practically possible
to fully define the FRM in performance terms to account for this
variability. Nevertheless, our approach in the past has resulted in
multiple brands of monitors being approved as FRM for PM, and we expect
this to continue. Also, the FRMs described in 40 CFR part 50 and the
equivalency criteria described in 40 CFR part 53, constitute a
performance-based measurement system for PM, since methods that meet
the field testing and performance criteria can be approved as FEMs.
Since finalized in 2006 (71 FR, 61236, October 17, 2006) the new field
and performance criteria for approval of PM2.5 continuous
FEMs has resulted in the approval of six approved FEMs.\259\ In
summary, for measurement of PM2.5 and PM10, the
EPA relies on both FRMs and FEMs, with FEMs relying on a PBMS approach
for their approval. The EPA is not precluding the use of any other
method, whether it constitutes a voluntary consensus standard or not,
as long as it meets the specified performance criteria.
---------------------------------------------------------------------------

    \259\ A list of designated reference and equivalent methods is
available on EPA's Web site at: http://www.epa.gov/ttn/amtic/criteria.html.
---------------------------------------------------------------------------

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

    Executive Order 12898 (59 FR 7629, February 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 maintains an ongoing commitment to ensure environmental
justice for all people, regardless of race, color, national origin, or
income. Ensuring environmental justice means not only protecting human
health and the environment for everyone, but also ensuring that all
people are treated fairly and are given the opportunity to participate
meaningfully in the development, implementation, and enforcement of
environmental laws, regulations, and policies. We conducted an outreach
and information call with environmental justice organizations on August
9, 2012.
    The EPA has identified potential disproportionately high and
adverse effects on minority and/or low-income populations related to
PM2.5 exposures. In addition, the EPA has identified persons
from lower socioeconomic strata as an at-risk population for PM-related
health effects. As a result, the EPA has carefully evaluated the
potential impacts on low-income and minority populations as discussed
in section III.E.3.a of this preamble. Based on this evaluation and
consideration of public comments on the proposal, the EPA is
eliminating the spatial averaging provisions as part of the form of the
primary annual PM2.5 standard to avoid potential
disproportionate impacts on at-risk populations. The Agency expects
this final rule will lead to the establishment of uniform NAAQS for PM.
The Integrated Science Assessment and Policy Assessment contain the
evaluation of the scientific evidence and policy considerations that
pertain to these populations. These documents are available as
described in the Supplementary Information section of this preamble and
copies of all documents have been placed in the public docket for this
action.

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 a ``major rule'' as
defined by 5 U.S.C. 804(2). This rule will be effective March 18, 2013.

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Particulate Matter (June 29, 2012; 77 FR 38890). Docket Number EPA-
HQ-OAR-2007-0492. U.S. Environmental Protection Agency. December
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U.S. EPA (2012b). Provisional Assessment of Recent Studies on Health
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Protection Agency. Office of Research and Development, National
Center for Environmental Assessment. EPA/600/R-12/056A. December
2012.
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Petition for Objection to Permit for CF&I Steel, L.P. (EVRAZ Rocky
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List of Subjects

40 CFR Part 50

    Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.

40 CFR Part 51

    Environmental protection, Administrative practices and procedures,
Air pollution control, Intergovernmental relations.

40 CFR Part 52

    Environmental protection, Administrative practices and procedures,
Air pollution control, Incorporation by reference, Intergovernmental
relations.

40 CFR Part 53

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

40 CFR Part 58

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

    Dated: December 14, 2012.
Lisa P. Jackson,
Administrator.
    For the reasons set forth in the preamble, chapter I of title 40 of
the Code of Federal Regulations is amended as follows:

PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY
STANDARDS

0
1. The authority citation for part 50 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 50.3 is revised to read as follows:

Sec.  50.3  Reference conditions.

    All measurements of air quality that are expressed as mass per unit
volume (e.g., micrograms per cubic meter) other than for particulate
matter (PM2.5) standards contained in Sec. Sec.  50.7,
50.13, and 50.18, and lead standards contained in Sec.  50.16 shall be
corrected to a reference temperature of 25 (deg) C and a reference
pressure of 760 millimeters of mercury (1,013.2 millibars).
Measurements of PM2.5 for purposes of comparison to the
standards contained in Sec. Sec.  50.7, 50.13, and 50.18, and of lead
for purposes of comparison to the standards contained in Sec.  50.16
shall be reported based on actual ambient air volume measured at the
actual ambient temperature and pressure at the monitoring site during
the measurement period.

0
3. Table 1 in Sec.  50.14(c)(2)(vi) is revised to read as follows:

Sec.  50.14  Treatment of air quality monitoring data influenced by
exceptional events.

* * * * *
    (c) * * *
    (2) * * *
    (vi) * * *

  Table 1--Special Schedules for Exceptional Event Flagging and Documentation Submission for Data To Be Used in
                                  Initial Designations for New or Revised NAAQS
----------------------------------------------------------------------------------------------------------------
                                           Air quality data         Event flagging &
  NAAQS pollutant/ standard/(level)/    collected for calendar    initial description     Detailed documentation
          promulgation date                      year                   deadline           submission deadline
----------------------------------------------------------------------------------------------------------------
PM2.5/24-Hr Standard (35 [mu]g/m\3\)   2004-2006..............  October 1, 2007........  April 15, 2008.
 Promulgated October 17, 2006.
Ozone/8-Hr Standard (0.075 ppm)        2005-2007..............  June 18, 2009..........  June 18, 2009.
 Promulgated March 12, 2008.           2008...................  June 18, 2009..........  June 18, 2009.
                                       2009...................  60 days after the end    60 days after the end
                                                                 of the calendar          of the calendar
                                                                 quarter in which the     quarter in which the
                                                                 event occurred or        event occurred or
                                                                 February 5, 2010,        February 5, 2010,
                                                                 whichever date occurs    whichever date occurs
                                                                 first..                  first.
NO2/1-Hr Standard (100 ppb)            2008...................  July 1, 2010...........  January 22, 2011.
 Promulgated February 9, 2010.         2009...................  July 1, 2010 \a\.......  January 22, 2011.
                                       2010...................  April 1, 2011..........  July 1, 2011.
SO2/1-Hr Standard (75 ppb)             2008...................  October 1, 2010........  June 1, 2011.
 Promulgated June 22, 2010.            2009...................  October 1, 2010........  June 1, 2011.
                                       2010...................  June 1, 2011...........  June 1, 2011.
                                       2011...................  60 days after the end    60 days after the end
                                                                 of the calendar          of the calendar
                                                                 quarter in which the     quarter in which the
                                                                 event occurred or        event occurred or
                                                                 March 31, 2012,          March 31, 2012,
                                                                 whichever date occurs    whichever date occurs
                                                                 first.                   first.
PM2.5/Primary Annual Standard (12      2010 and 2011..........  July 1, 2013...........  December 12, 2013.
 [mu]g/m\3\) Promulgated December 14,  2012...................  July 1, 2013 \a\.......  December 12, 2013.
 2012.                                 2013...................  July 1, 2014 \a\.......  August 1, 2014.
----------------------------------------------------------------------------------------------------------------
\a\ This date is the same as the general schedule in 40 CFR 50.14.
Note: The table of revised deadlines only applies to data EPA will use to establish the initial area
  designations for new or revised NAAQS. The general schedule applies for all other purposes, most notably, for
  data used by the EPA for redesignations to attainment.

* * * * *

0
4. Add Sec.  50.18 to read as follows:

Sec.  50.18  National primary ambient air quality standards for
PM2.5.

    (a) The national primary ambient air quality standards for
PM2.5 are 12.0 micrograms per cubic meter ([mu]g/m\3\)
annual arithmetic mean concentration and 35 [mu]g/m\3\ 24-hour average
concentration measured in the ambient air as PM2.5
(particles with an aerodynamic diameter less than or equal to a nominal
2.5 micrometers) by either:
    (1) A reference method based on appendix L to this part and
designated in accordance with part 53 of this chapter; or
    (2) An equivalent method designated in accordance with part 53 of
this chapter.
    (b) The primary annual PM2.5 standard is met when the
annual arithmetic mean concentration, as determined in accordance with
appendix N of this part, is less than or equal to 12.0 [mu]g/m\3\.
    (c) The primary 24-hour PM2.5 standard is met when the
98th percentile 24-hour concentration, as determined in accordance with
appendix N of this part, is less than or equal to 35 [mu]g/m\3\.

0
5. Appendix N to part 50 is revised to read as follows:

Appendix N to Part 50--Interpretation of the National Ambient Air
Quality Standards for PM2.5

1.0 General

    (a) This appendix explains the data handling conventions and
computations necessary for determining when the national ambient air
quality standards (NAAQS) for PM2.5 are met, specifically
the primary and secondary annual and 24-hour PM2.5 NAAQS
specified in Sec.  50.7, 50.13, and 50.18. PM2.5 is
defined, in general terms, as particles with an aerodynamic diameter
less than or equal to a nominal 2.5 micrometers. PM2.5
mass concentrations are measured in the ambient air by a Federal
Reference Method (FRM) based on appendix L of this part, as
applicable, and designated in accordance with part 53 of this
chapter; or by a Federal Equivalent Method (FEM) designated in
accordance with part 53 of this chapter; or by an Approved Regional
Method (ARM) designated in accordance with part 58 of this chapter.
Only those FRM, FEM, and ARM measurements that are derived in
accordance with part 58 of this chapter (i.e., that are deemed
``suitable'') shall be used in comparisons with the PM2.5
NAAQS. The data handling and computation procedures to be used to
construct annual and 24-hour

NAAQS metrics from reported PM2.5 mass concentrations,
and the associated instructions for comparing these calculated
metrics to the levels of the PM2.5 NAAQS, are specified
in sections 2.0, 3.0, and 4.0 of this appendix.
    (b) Decisions to exclude, retain, or make adjustments to the
data affected by exceptional events, including natural events, are
made according to the requirements and process deadlines specified
in Sec. Sec.  50.1, 50.14 and 51.930 of this chapter.
    (c) The terms used in this appendix are defined as follows:
    Annual mean refers to a weighted arithmetic mean, based on
quarterly means, as defined in section 4.4 of this appendix.
    The Air Quality System (AQS) is EPA's official repository of
ambient air data.
    Collocated monitors refers to two or more air measurement
instruments for the same parameter (e.g., PM2.5 mass)
operated at the same site location, and whose placement is
consistent with Sec.  53.1 of this chapter. For purposes of
considering a combined site record in this appendix, when two or
more monitors are operated at the same site, one monitor is
designated as the ``primary'' monitor with any additional monitors
designated as ``collocated.'' It is implicit in these appendix
procedures that the primary monitor and collocated monitor(s) are
all deemed suitable for the applicable NAAQS comparison; however, it
is not a requirement that the primary and monitors utilize the same
specific sampling and analysis method.
    Combined site data record is the data set used for performing
calculations in appendix N. It represents data for the primary
monitors augmented with data from collocated monitors according to
the procedure specified in section 3.0(d) of this appendix.
    Creditable samples are daily values in the combined site record
that are given credit for data completeness. The number of
creditable samples (cn) for a given year also governs which value in
the sorted series of daily values represents the 98th percentile for
that year. Creditable samples include daily values collected on
scheduled sampling days and valid make-up samples taken for missed
or invalidated samples on scheduled sampling days.
    Daily values refer to the 24-hour average concentrations of
PM2.5 mass measured (or averaged from hourly measurements
in AQS) from midnight to midnight (local standard time) from
suitable monitors.
    Data substitution tests are diagnostic evaluations performed on
an annual PM2.5 NAAQS design value (DV) or a 24-hour
PM2.5 NAAQS DV to determine if those metrics, which are
judged to be based on incomplete data in accordance with 4.1(b) or
4.2(b) of this appendix shall nevertheless be deemed valid for NAAQS
comparisons, or alternatively, shall still be considered incomplete
and not valid for NAAQS comparisons. There are two data substitution
tests, the ``minimum quarterly value'' test and the ``maximum
quarterly value'' test. Design values (DVs) are the 3-year average
NAAQS metrics that are compared to the NAAQS levels to determine
when a monitoring site meets or does not meet the NAAQS, calculated
as shown in section 4. There are two separate DVs specified in this
appendix:
    (1) The 3-year average of PM2.5 annual mean mass
concentrations for each eligible monitoring site is referred to as
the ``annual PM2.5 NAAQS DV''.
    (2) The 3-year average of annual 98th percentile 24-hour average
PM2.5 mass concentration values recorded at each eligible
monitoring site is referred to as the ``24-hour (or daily) PM2.5
NAAQS DV''.
    Eligible sites are monitoring stations that meet the criteria
specified in Sec.  58.11 and Sec.  58.30 of this chapter, and thus
are approved for comparison to the annual PM2.5 NAAQS.
For the 24-hour PM2.5 NAAQS, all site locations that meet
the criteria specified in Sec.  58.11 are approved (i.e., eligible)
for NAAQS comparisons.
    Extra samples are non-creditable samples. They are daily values
that do not occur on scheduled sampling days and that cannot be used
as make-up samples for missed or invalidated scheduled samples.
Extra samples are used in mean calculations and are included in the
series of all daily values subject to selection as a 98th percentile
value, but are not used to determine which value in the sorted list
represents the 98th percentile.
    Make-up samples are samples collected to take the place of
missed or invalidated required scheduled samples. Make-up samples
can be made by either the primary or the collocated monitor. Make-up
samples are either taken before the next required sampling day or
exactly one week after the missed (or voided) sampling day.
    The maximum quarterly value data substitution test substitutes
actual ``high'' reported daily PM2.5 values from the same
site (specifically, the highest reported non-excluded quarterly
value(s) (year non-specific) contained in the combined site record
for the evaluated 3-year period) for missing daily values.
    The minimum quarterly value data substitution test substitutes
actual ``low'' reported daily PM2.5 values from the same
site (specifically, the lowest reported quarterly value(s) (year
non-specific) contained in the combined site record for the
evaluated 3-year period) for missing daily values.
    98th percentile is the smallest daily value out of a year of
PM2.5 mass monitoring data below which no more than 98
percent of all daily values fall using the ranking and selection
method specified in section 4.5(a) of this appendix.
    Primary monitors are suitable monitors designated by a state or
local agency in their annual network plan (and in AQS) as the
default data source for creating a combined site record for purposes
of NAAQS comparisons. If there is only one suitable monitor at a
particular site location, then it is presumed to be a primary
monitor.
    Quarter refers to a calendar quarter (e.g., January through
March).
    Quarterly data capture rate is the percentage of scheduled
samples in a calendar quarter that have corresponding valid reported
sample values. Quarterly data capture rates are specifically
calculated as the number of creditable samples for the quarter
divided by the number of scheduled samples for the quarter, the
result then multiplied by 100 and rounded to the nearest integer.
    Scheduled PM2.5 samples refers to those reported daily values
which are consistent with the required sampling frequency (per Sec.
58.12 of this chapter) for the primary monitor, or those that meet
the special exception noted in section 3.0(e) of this appendix.
    Seasonal sampling is the practice of collecting data at a
reduced frequency during a season of expected low concentrations.
    Suitable monitors are instruments that use sampling and analysis
methods approved for NAAQS comparisons. For the annual and 24-hour
PM2.5 NAAQS, suitable monitors include all FRMs, and all
FEMs/ARMs except those specific continuous FEMs/ARMs disqualified by
a particular monitoring agency network in accordance with Sec.
58.10(b)(13) and approved by the EPA Regional Administrator per
Sec.  58.11(e) of this chapter.
    Test design values (TDV) are numerical values that used in the
data substitution tests described in sections 4.1(c)(i), 4.1(c)(ii)
and 4.2(c)(i) of this appendix to determine if the PM2.5
NAAQS DV with incomplete data are judged to be valid for NAAQS
comparisons. There are two TDVs: TDVmin to determine if
the NAAQS is not met and is used in the ``minimum quarterly value''
data substitution test and TDVmax to determine if the
NAAQS is met and is used in the ``maximum quarterly value'' data
substitution test. These TDV's are derived by substituting
historically low or historically high daily concentration values for
missing data in an incomplete year(s).
    Year refers to a calendar year.

2.0 Monitoring Considerations

    (a) Section 58.30 of this chapter provides special
considerations for data comparisons to the annual PM2.5
NAAQS.
    (b) Monitors meeting the network technical requirements detailed
in Sec.  58.11 of this chapter are suitable for comparison with the
NAAQS for PM2.5.
    (c) Section 58.12 of this chapter specifies the required minimum
frequency of sampling for PM2.5. Exceptions to the
specified sampling frequencies, such as seasonal sampling, are
subject to the approval of the EPA Regional Administrator and must
be documented in the state or local agency Annual Monitoring Network
Plan as required in Sec.  58.10 of this chapter and also in AQS.

3.0 Requirements for Data Use and Data Reporting for Comparisons With
the NAAQS for PM2.5

    (a) Except as otherwise provided in this appendix, all valid
FRM/FEM/ARM PM2.5 mass concentration data produced by
suitable monitors that are required to be submitted to AQS, or
otherwise available to EPA, meeting the requirements of part 58 of
this chapter including appendices A, C, and E shall be used in the
DV calculations. Generally, EPA will only use such data if they have
been certified by the reporting organization (as prescribed by Sec.
58.15 of this chapter); however, data not certified by the

reporting organization can nevertheless be used, if the deadline for
certification has passed and EPA judges the data to be complete and
accurate.
    (b) PM2.5 mass concentration data (typically
collected hourly for continuous instruments and daily for filter-
based instruments) shall be reported to AQS in micrograms per cubic
meter ([micro]g/m\3\) to at least one decimal place. If
concentrations are reported to one decimal place, additional digits
to the right of the tenths decimal place shall be truncated. If
concentrations are reported to AQS with more than one decimal place,
AQS will truncate the value to one decimal place for NAAQS usage
(i.e., for implementing the procedures in this appendix). In
situations where suitable PM2.5 data are available to EPA
but not reported to AQS, the same truncation protocol shall be
applied to that data. In situations where PM2.5 mass data
are submitted to AQS, or are otherwise available, with less
precision than specified above, these data shall nevertheless still
be deemed appropriate for NAAQS usage.
    (c) Twenty-four-hour average concentrations will be computed in
AQS from submitted hourly PM2.5 concentration data for
each corresponding day of the year and the result will be stored in
the first, or start, hour (i.e., midnight, hour `0') of the 24-hour
period. A 24-hour average concentration shall be considered valid if
at least 75 percent of the hourly averages (i.e., 18 hourly values)
for the 24-hour period are available. In the event that less than
all 24 hourly average concentrations are available (i.e., less than
24, but at least 18), the 24-hour average concentration shall be
computed on the basis of the hours available using the number of
available hours within the 24-hour period as the divisor (e.g., 19,
if 19 hourly values are available). Twenty-four-hour periods with
seven or more missing hours shall also be considered valid if, after
substituting zero for all missing hourly concentrations, the
resulting 24-hour average daily value is greater than the level of
the 24-hour PM2.5 NAAQS (i.e., greater than or equal to
35.5 [mu]g/m\3\). Twenty-four hour average PM2.5 mass
concentrations that are averaged in AQS from hourly values will be
truncated to one decimal place, consistent with the data handling
procedure for the reported hourly (and also 24-hour filter-based)
data.
    (d) All calculations shown in this appendix shall be implemented
on a site-level basis. Site level concentration data shall be
processed as follows:
    (1) The default dataset for PM2.5 mass concentrations
for a site shall consist of the measured concentrations recorded
from the designated primary monitor(s). All daily values produced by
the primary monitor are considered part of the site record; this
includes all creditable samples and all extra samples.
    (2) Data for the primary monitors shall be augmented as much as
possible with data from collocated monitors. If a valid daily value
is not produced by the primary monitor for a particular day
(scheduled or otherwise), but a value is available from a collocated
monitor, then that collocated value shall be considered part of the
combined site data record. If more than one collocated daily value
is available, the average of those valid collocated values shall be
used as the daily value. The data record resulting from this
procedure is referred to as the ``combined site data record.''
    (e) All daily values in a combined site data record are used in
the calculations specified in this appendix; however, not all daily
values are given credit towards data completeness requirements. Only
creditable samples are given credit for data completeness.
Creditable samples include daily values in the combined site record
that are collected on scheduled sampling days and valid make-up
samples taken for missed or invalidated samples on scheduled
sampling days. Days are considered scheduled according to the
required sampling frequency of the designated primary monitor with
one exception. The exception is, if a collocated continuous FEM/ARM
monitor has a more intensive sampling frequency than the primary FRM
monitor, then samples contributed to the combined site record from
that continuous FEM/ARM monitor are always considered scheduled and,
hence, also creditable. Daily values in the combined site data
record that are reported for nonscheduled days, but that are not
valid make-up samples are referred to as extra samples.

4.0 Comparisons With the Annual and 24-Hour PM2.5 NAAQS

4.1 Annual PM2.5 NAAQS

    (a) The primary annual PM2.5 NAAQS is met when the annual
PM2.5 NAAQS DV is less than or equal to 12.0 [micro]g/
m\3\ at each eligible monitoring site. The secondary annual
PM2.5 NAAQS is met when the annual PM2.5 NAAQS
DV is less than or equal to 15.0 [micro]g/m\3\ at each eligible
monitoring site.
    (b) Three years of valid annual means are required to produce a
valid annual PM2.5 NAAQS DV. A year meets data
completeness requirements when quarterly data capture rates for all
four quarters are at least 75 percent. However, years with at least
11 creditable samples in each quarter shall also be considered valid
if the resulting annual mean or resulting annual PM2.5
NAAQS DV (rounded according to the conventions of section 4.3 of
this appendix) is greater than the level of the applicable primary
or secondary annual PM2.5 NAAQS. Furthermore, where the
explicit 75 percent data capture and/or 11 sample minimum
requirements are not met, the 3-year annual PM2.5 NAAQS
DV shall still be considered valid if it passes at least one of the
two data substitution tests stipulated below.
    (c) In the case of one, two, or three years that do not meet the
completeness requirements of section 4.1(b) of this appendix and
thus would normally not be useable for the calculation of a valid
annual PM2.5 NAAQS DV, the annual PM2.5 NAAQS
DV shall nevertheless be considered valid if one of the test
conditions specified in sections 4.1(c)(i) and 4.1(c)(ii) of this
appendix is met.
    (i) An annual PM2.5 NAAQS DV that is above the level
of the NAAQS can be validated if it passes the minimum quarterly
value data substitution test. This type of data substitution is
permitted only if there are at least 30 days across the three
quarters of the three years under consideration (e.g., collectively,
quarter 1 of year 1, quarter 1 of year 2 and quarter 1 of year 3)
from which to select the quarter-specific low value. Data
substitution will be performed in all quarter periods that have less
than 11 creditable samples.
    Procedure: Identify for each deficient quarter (i.e., those with
less than 11 creditable samples) the lowest reported daily value for
that quarter, looking across those three months of all three years
under consideration. If after substituting the lowest reported daily
value for a quarter for (11- cn) daily values in the matching
deficient quarter(s) (i.e., to bring the creditable number for those
quarters up to 11), the procedure yields a recalculated annual
PM2.5 NAAQS test DV (TDVmin) that is greater
than the level of the standard, then the annual PM2.5
NAAQS DV is deemed to have passed the diagnostic test and is valid,
and the annual PM2.5 NAAQS is deemed to have been
violated in that 3-year period.
    (ii) An annual PM2.5 NAAQS DV that is equal to or
below the level of the NAAQS can be validated if it passes the
maximum quarterly value data substitution test. This type of data
substitution is permitted only if there is at least 50 percent data
capture in each quarter that is deficient of 75 percent data capture
in each of the three years under consideration. Data substitution
will be performed in all quarter periods that have less than 75
percent data capture but at least 50 percent data capture. If any
quarter has less than 50 percent data capture then this substitution
test cannot be used.
    Procedure: Identify for each deficient quarter (i.e., those with
less than 75 percent but at least 50 percent data capture) the
highest reported daily value for that quarter, excluding state-
flagged data affected by exceptional events which have been approved
for exclusion by the Administrator, looking across those three
quarters of all three years under consideration. If after
substituting the highest reported daily PM2.5 value for a
quarter for all missing daily data in the matching deficient
quarter(s) (i.e., to make those quarters 100 percent complete), the
procedure yields a recalculated annual PM2.5 NAAQS test
DV (TDVmax) that is less than or equal to the level of
the standard, then the annual PM2.5 NAAQS DV is deemed to
have passed the diagnostic test and is valid, and the annual
PM2.5 NAAQS is deemed to have been met in that 3-year
period.
    (d) An annual PM2.5 NAAQS DV based on data that do
not meet the completeness criteria stated in 4(b) and also do not
satisfy the test conditions specified in section 4(c), may also be
considered valid with the approval of, or at the initiative of, the
EPA Administrator, who may consider factors such as monitoring site
closures/moves, monitoring diligence, the consistency and levels of
the daily values that are available, and nearby concentrations in
determining whether to use such data.
    (e) The equations for calculating the annual PM2.5
NAAQS DVs are given in section 4.4 of this appendix.

4.2 Twenty-four-hour PM2.5 NAAQS

    (a) The primary and secondary 24-hour PM2.5 NAAQS are
met when the 24-hour PM2.5 NAAQS DV at each eligible
monitoring site is less than or equal to 35 [mu]g/m\3\.
    (b) Three years of valid annual PM2.5 98th percentile
mass concentrations are required to produce a valid 24-hour
PM2.5 NAAQS DV. A year meets data completeness
requirements when quarterly data capture rates for all four quarters
are at least 75 percent. However, years shall be considered valid,
notwithstanding quarters with less than complete data (even quarters
with less than 11 creditable samples, but at least one creditable
sample must be present for the year), if the resulting annual 98th
percentile value or resulting 24-hour NAAQS DV (rounded according to
the conventions of section 4.3 of this appendix) is greater than the
level of the standard. Furthermore, where the explicit 75 percent
quarterly data capture requirement is not met, the 24-hour
PM2.5 NAAQS DV shall still be considered valid if it
passes the maximum quarterly value data substitution test.
    (c) In the case of one, two, or three years that do not meet the
completeness requirements of section 4.2(b) of this appendix and
thus would normally not be useable for the calculation of a valid
24-hour PM2.5 NAAQS DV, the 24-hour PM2.5
NAAQS DV shall nevertheless be considered valid if the test
conditions specified in section 4.2(c)(i) of this appendix are met.
    (i) A PM2.5 24-hour mass NAAQS DV that is equal to or
below the level of the NAAQS can be validated if it passes the
maximum quarterly value data substitution test. This type of data
substitution is permitted only if there is at least 50 percent data
capture in each quarter that is deficient of 75 percent data capture
in each of the three years under consideration. Data substitution
will be performed in all quarters that have less than 75 percent
data capture but at least 50 percent data capture. If any quarter
has less than 50 percent data capture then this substitution test
cannot be used.
    Procedure: Identify for each deficient quarter (i.e., those with
less than 75 percent but at least 50 percent data capture) the
highest reported daily PM2.5 value for that quarter,
excluding state-flagged data affected by exceptional events which
have been approved for exclusion by the Regional Administrator,
looking across those three quarters of all three years under
consideration. If, after substituting the highest reported daily
maximum PM2.5 value for a quarter for all missing daily
data in the matching deficient quarter(s) (i.e., to make those
quarters 100 percent complete), the procedure yields a recalculated
3-year 24-hour NAAQS test DV (TDVmax) less than or equal
to the level of the standard, then the 24-hour PM2.5
NAAQS DV is deemed to have passed the diagnostic test and is valid,
and the 24-hour PM2.5 NAAQS is deemed to have been met in
that 3-year period.
    (d) A 24-hour PM2.5 NAAQS DV based on data that do
not meet the completeness criteria stated in section 4(b) of this
appendix and also do not satisfy the test conditions specified in
section 4(c) of this appendix, may also be considered valid with the
approval of, or at the initiative of, the EPA Administrator, who may
consider factors such as monitoring site closures/moves, monitoring
diligence, the consistency and levels of the daily values that are
available, and nearby concentrations in determining whether to use
such data.
    (e) The procedures and equations for calculating the 24-hour
PM2.5 NAAQS DVs are given in section 4.5 of this
appendix.
    4.3 Rounding Conventions. For the purposes of comparing
calculated PM2.5 NAAQS DVs to the applicable level of the
standard, it is necessary to round the final results of the
calculations described in sections 4.4 and 4.5 of this appendix.
Results for all intermediate calculations shall not be rounded.
    (a) Annual PM2.5 NAAQS DVs shall be rounded to the
nearest tenth of a [mu]g/m\3\ (decimals x.x5 and greater are rounded
up to the next tenth, and any decimal lower than x.x5 is rounded
down to the nearest tenth).
    (b) Twenty-four-hour PM2.5 NAAQS DVs shall be rounded
to the nearest 1 [mu]g/m\3\ (decimals 0.5 and greater are rounded up
to the nearest whole number, and any decimal lower than 0.5 is
rounded down to the nearest whole number).

4.4 Equations for the Annual PM2.5 NAAQS.

    (a) An annual mean value for PM2.5 is determined by
first averaging the daily values of a calendar quarter using
equation 1 of this appendix:
[GRAPHIC] [TIFF OMITTED] TR15JA13.005

Where:

Xq,y = the mean for quarter q of the year y;
nq = the number of daily values in the quarter; and
xi q,y = the ith value in quarter q for year
y.

    (b) Equation 2 of this appendix is then used to calculate the
site annual mean:
[GRAPHIC] [TIFF OMITTED] TR15JA13.006

Where:

Xy = the annual mean concentration for year y (y = 1, 2, or 3); and
Xq,y = the mean for quarter q of year y (result of equation 1).

    (c) The annual PM2.5 NAAQS DV is calculated using
equation 3 of this appendix:
[GRAPHIC] [TIFF OMITTED] TR15JA13.007

Where:

X = the annual PM2.5 NAAQS DV; and
Xy = the annual mean for year y (result of equation 2)

    (d) The annual PM2.5 NAAQS DV is rounded according to
the conventions in section 4.3 of this appendix before comparisons
with the levels of the primary and secondary annual PM2.5
NAAQS are made.

4.5 Procedures and Equations for the 24-Hour PM2.5 NAAQS

    (a) When the data for a particular site and year meet the data
completeness requirements in section 4.2 of this appendix,
calculation of the 98th percentile is accomplished by the steps
provided in this subsection. Table 1 of this appendix shall be used
to identify annual 98th percentile values.
    Identification of annual 98th percentile values using the Table
1 procedure will be based on the creditable number of samples (as
described below), rather than on the actual number of samples.
Credit will not be granted for extra (non-creditable) samples. Extra
samples, however, are candidates for selection as the annual 98th
percentile. [The creditable number of samples will determine how
deep to go into the data distribution, but all samples (creditable
and extra) will be considered when making the percentile
assignment.] The annual creditable number of samples is the sum of
the four quarterly creditable number of samples.
    Procedure: Sort all the daily values from a particular site and
year by descending value. (For example: (x[1], x[2], x[3], * * *,
x[n]). In this case, x[1] is the largest number and x[n] is the
smallest value.) The 98th percentile value is determined from this
sorted series of daily values which is ordered from the highest to
the lowest number. Using the left column of Table 1, determine the
appropriate range for the annual creditable number of samples for
year y (cny) (e.g., for 120 creditable samples per year,
the appropriate range would be 101 to 150). The corresponding ``n''
value in the right column identifies the rank of the annual 98th
percentile value in the descending sorted list of site specific
daily values for year y (e.g., for the range of 101 to 150, n would
be 3). Thus, P0.98, y = the nth largest value
(e.g., for the range of 101 to 150, the 98th percentile value would
be the third highest value in the sorted series of daily values.

                                 Table 1
------------------------------------------------------------------------
                                            The 98th percentile for year
                                               y (P0.98,y), is the nth
  Annual number of creditable samples for      maximum 24-hour average
               year y (cny)                  value for the year where n
                                                is the listed number
------------------------------------------------------------------------
1 to 50...................................                             1
51 to 100.................................                             2
101 to 150................................                             3
151 to 200................................                             4
201 to 250................................                             5
251 to 300................................                             6
301 to 350................................                             7
351 to 366................................                             8
------------------------------------------------------------------------

    (b) The 24-hour PM2.5 NAAQS DV is then calculated by
averaging the annual 98th percentiles using equation 4 of this
appendix: P0.98,y
[GRAPHIC] [TIFF OMITTED] TR15JA13.008

    Where:

    P0.98 = the 24-hour PM2.5 NAAQS DV; and
    P0.98, y = the annual 98th percentile for year y

    (c) The 24-hour PM2.5 NAAQS DV is rounded according
to the conventions in section 4.3 of this appendix before a
comparison with the level of the primary and secondary 24-hour NAAQS
are made.

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
6. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Subpart I--[Amended]

0
7. In Sec.  51.166, add paragraph (i)(10) to read as follows:

Sec.  51.166  Prevention of significant deterioration of air quality.

* * * * *
    (i) * * *
    (10) The plan may provide that the requirements of paragraph (k)(1)
of this section shall not apply to a stationary source or modification
with respect to the national ambient air quality standards for
PM2.5 in effect on March 18, 2013 if:
    (i) The reviewing authority has determined a permit application
subject to this section to be complete on or before December 14, 2012.
Instead, the requirements in paragraph (k)(1) of this section shall
apply with respect to the national ambient air quality standards for
PM2.5 in effect at the time the reviewing authority
determined the permit application to be complete; or
    (ii) The reviewing authority has first published before March 18,
2013 a public notice of a preliminary determination for the permit
application subject to this section. Instead, the requirements in
paragraph (k)(1) of this section shall apply with respect to the
national ambient air quality standards for PM2.5 in effect
at the time of first publication of a public notice on the preliminary
determination.
* * * * *

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
8. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
9. In Sec.  52.21, add paragraph (i)(11) to read as follows:

Sec.  52.21  Prevention of significant deterioration of air quality.

* * * * *
    (i) * * *
    (11) The requirements of paragraph (k)(1) of this section shall not
apply to a stationary source or modification with respect to the
national ambient air quality standards for PM2.5 in effect
on March 18, 2013 if:
    (i) The Administrator has determined a permit application subject
to this section to be complete on or before December 14, 2012. Instead,
the requirements in paragraph (k)(1) of this section shall apply with
respect to the national ambient air quality standards for
PM2.5 in effect at the time the Administrator determined the
permit application to be complete; or
    (ii) The Administrator has first published before March 18, 2013 a
public notice that a draft permit subject to this section has been
prepared. Instead, the requirements in paragraph (k)(1) of this section
shall apply with respect to the national ambient air quality standards
for PM2.5 in effect on the date the Administrator first
published a public notice that a draft permit has been prepared.
* * * * *

PART 53--AMBIENT AIR MONITORING REFERENCE AND EQUIVALENT METHODS

0
10. The authority citation for part 53 continues to read as follows:

    Authority:  Section 301(a) of the CAA (42 U.S.C. sec. 1857g(a)),
as amended by sec. 15(c)(2) of Pub. L. 91-604, 84 Stat. 1713, unless
otherwise noted.

0
11. In Sec.  53.9, revise paragraph (c) to read as follows:

Sec.  53.9  Conditions of designation.

* * * * *
    (c) Any analyzer, PM10 sampler, PM2.5
sampler, or PM10-2.5 sampler offered for sale as part of an
FRM or FEM shall function within the limits of the performance
specifications referred to in Sec.  53.20(a), Sec.  53.30(a), Sec.
53.35, Sec.  53.50, or Sec.  53.60, as applicable, for at least 1 year
after delivery and acceptance when maintained and operated in
accordance with the manual referred to in Sec.  53.4(b)(3).
* * * * *

PART 58--AMBIENT AIR QUALITY SURVEILLANCE

0
12. The authority citation of part 58 continues to read as follows:

    Authority: 42 U.S.C. 7403, 7405, 7410, 7414, 7601, 7611, 7614,
and 7619.

0
13. Section 58.1 is amended by adding in alphabetical order a
definition for ``Area-wide'' and by removing the definition for
``Community monitoring zone (CMZ)'' to read as follows:

Sec.  58.1  Definitions.

* * * * *
    Area-wide means all monitors sited at neighborhood, urban, and
regional

scales, as well as those monitors sited at either micro- or middle-
scale that are representative of many such locations in the same CBSA.
* * * * *

0
14. Section 58.10 is amended as follows:
0
a. By revising paragraph (a)(2).
0
b. By adding paragraph (a)(8).
0
c. By adding paragraph (b)(13).
0
d. By revising paragraph (c).
0
e. By revising paragraph (d).

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

    (a) * * *
    (2) Any annual monitoring network plan that proposes SLAMS network
modifications (including new monitoring sites, new determinations that
data are not of sufficient quality to be compared to the NAAQS, and
changes in identification of monitors as suitable or not suitable for
comparison against the annual PM2.5 NAAQS) is subject to the
approval of the EPA Regional Administrator, who shall provide
opportunity for public comment and shall approve or disapprove the plan
and schedule within 120 days. If the State or local agency has already
provided a public comment opportunity on its plan and has made no
changes subsequent to that comment opportunity, and has submitted the
received comments together with the plan, the Regional Administrator is
not required to provide a separate opportunity for comment.
    * * *
    (8)(i) A plan for establishing near-road PM2.5
monitoring sites in CBSAs having 2.5 million or more persons, in
accordance with the requirements of appendix D 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 monitoring stations to be operational by January 1,
2015.
    (ii) A plan for establishing near-road PM2.5 monitoring
sites in CBSAs having 1 million or more persons, but less than 2.5
million persons, in accordance with the requirements of appendix D to