Fine Particulate Matter National Ambient Air Quality Standards

154 Pages·2016·1.12 MB·English

Vol. 81 Wednesday,
No. 164 August 24, 2016
Part II
Environmental Protection Agency
40 CFR Parts 50, 51, and 93
Fine Particulate Matter National Ambient Air Quality Standards: State
Implementation Plan Requirements; Final Rule
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58010 Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations
ENVIRONMENTAL PROTECTION Certain other material, such as NEI National Emissions Inventory
AGENCY copyrighted material, is not placed on NESHAP National Emissions Standard for
the Internet and will be publicly Hazardous Air Pollutants
40 CFR Parts 50, 51, and 93 available only in hard copy. Publicly NH3 Ammonia
[EPA–HQ–OAR–2013–0691; FRL–9946–36– available docket materials are available NH4 Ammonium
OAR] either electronically in http:// NH4NO3 Ammonium Nitrate
www.regulations.gov. NH4HSO4 Ammonium Bi-Sulfate
RIN 2060–AQ48 (NH4)2SO4 Ammonium Sulfate
FORFURTHERINFORMATIONCONTACT: For NNSR Nonattainment New Source Review
Fine Particulate Matter National general information on this rule, contact NOX Nitrogen Oxides
Ambient Air Quality Standards: State Mr. Rich Damberg, Office of Air Quality NO3 Nitrate
Implementation Plan Requirements Planning and Standards, U.S. EPA, by NSPS New Source Performance Standards
phone at (919) 541–5592 or by email at O3 Ozone
AGENCY: Environmental Protection [email protected]; or Mr. Patrick OM Organic Mass
Agency (EPA). Lessard, Office of Air Quality Planning OMB Office of Management and Budget
ACTION: Final rule. and Standards, U.S. EPA, by phone at PM Particulate Matter
(919) 541–5383 or by email at PM2.5 Particulate Matter Equal to or Less
SUMMARY: The Environmental Protection [email protected]. For than 2.5 Microns in Diameter (Fine
Agency (EPA) is finalizing requirements information on the Information Particulate Matter)
that state, local and tribal air agencies Collection Request (ICR), contact Mr. PM10 Particulate Matter Equal to or Less
would have to meet as they implement than 10 Microns in Diameter
Butch Stackhouse, Office of Air Quality
the current and future national ambient PRA Paperwork Reduction Act
Planning and Standards, U.S. EPA, by
air quality standards (NAAQS) for fine PSD Prevention of Significant Deterioration
phone at (919) 541–5208 or by email at
particulate matter (PM ). Specifically, RACM Reasonably Available Control
2.5 [email protected].
this document provides details on Measures
meeting the statutory state SUPPLEMENTARYINFORMATION: RACT Reasonably Available Control
implementation plan (SIP) requirements I. General Information Technology
that apply to areas designated RFP Reasonable Further Progress
nonattainment for any PM NAAQS, A. Preamble Glossary of Terms and RICE Reciprocating Internal Combustion
2.5
Acronyms Engines
such as: General requirements for
SIP State Implementation Plan
attainment plan due dates and The following are abbreviations of
SOA Secondary Organic Aerosols
attainment dates; emissions inventories; terms used in the preamble.
attainment demonstrations; provisions SO2 Sulfur Dioxide
for demonstrating reasonable further AERReRquirAeimr eEnmtsis sions Reporting STOA4R STurlifbaatel Authority Rule
progress; quantitative milestones; BACM Best Available Control Measures TIP Tribal Implementation Plan
contingency measures; and BACT Best Available Control Technology TIP Transportation Improvement Program
nonattainment New Source Review BART Best Available Retrofit Technology TSP Total Suspended Particles
(NNSR) permitting programs, among BC Black Carbon mm Micrometer (Micron)
other things. This rule clarifies the CAA Clean Air Act VMT Vehicle Miles Traveled
CAIR Clean Air Interstate Rule
specific attainment planning VOC Volatile Organic Compounds
CAMx Comprehensive Air Quality Model
requirements that apply to PM
2.5 with Extensions B. Entities Affected by This Rule
NAAQS nonattainment areas based on
CBI Confidential Business Information
their classification (either Moderate or CBSA Core-based Statistical Area Entities potentially affected directly
Serious), and the process for CDD Clean Data Determination by this final rule include state, local and
reclassifying Moderate areas to Serious. CFR Code of Federal Regulations tribal governments and air pollution
Additionally, in this document the EPA CMAQ Community Multi-Scale Air Quality
control agencies responsible for
is revoking the 1997 primary annual Model
attainment and maintenance of the
standard for areas designated as CSAPR Cross-State Air Pollution Rule
NAAQS. Entities potentially affected
CSN Chemical Speciation Network
attainment for that standard because the
DOD Department of Defense indirectly by this final rule as regulated
EPA revised the primary annual
DOT Department of Transportation sources include owners and operators of
standard in 2012. The EPA first
EC Elemental Carbon sources that emit PM2.5, sulfur dioxide
established the PM2.5NAAQS in 1997, EGU Electric Generating Unit (SO ), oxides of nitrogen (NO ), volatile
2 X
completed a review and revision of EPA Environmental Protection Agency organic compounds (VOC) and/or
those standards in 2006, and most Fe Iron ammonia (NH ). Parties affected by the
3
recently completed a review and FEM Federal Equivalent Method
conformity-related elements include
revision of the PM NAAQS on FIP Federal Implementation Plan
2.5 state and local transportation and air
December 14, 2012. FRM Federal Reference Method
quality agencies, metropolitan planning
HCl Hydrogen Chloride
DATES: This final rule is effective on ICR Information Collection Request organizations (MPOs), and all federal
October 24, 2016. LAER Lowest Achievable Emission Rate agencies including the U.S. Department
ADDRESSES: The EPA has established a MACT Maximum Achievable Control of Transportation, the U.S. Department
docket for this action, identified by Technology of Defense, the U.S. Department of
Docket ID No. EPA–HQ–OAR–2013– MATS Mercury and Air Toxics Standards Interior and the U.S. Department of
ES2 0691. All documents in the docket are MSM Most Stringent Measures Agriculture. Others potentially affected
RUL listed in the http://www.regulations.gov MPO Metropolitan Planning Organization indirectly by this final rule include
with Web site. Although listed in the index, NAAQS National Ambient Air Quality members of the general public who live,
D Standards
PRO some information is not publicly NAICS North American Industry work, or recreate in areas affected by
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SK3 disclosure is restricted by statute. Assessment Program NAAQS.
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Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations 58011
C. Obtaining a Copy of This Document G. Quantitative Milestones mixture of particles in both solid and
and Other Related Information H. Contingency Measures liquid form. The most common
I. Attainment Dates constituents of airborne PM include the
In addition to being available in the VIII. NNSR Requirements for PM2.5 following: Sulfate (SO ); nitrate (NO );
docket, an electronic copy of this Nonattainment Areas 4 3
ammonium (NH ); elemental carbon
Federal Register document will be A. Background 4
(EC); organic mass (OM); and inorganic
posted at http://www3.epa.gov/ B. What are the final NNSR requirements
airquality/particlepollution/ for PM2.5? material, generally referred to as
actions.html. C. Transition Provisions for Major Source ‘‘crustal’’ material, which can include
Permitting in PM2.5Nonattainment Areas metals, dust, sea salt and other trace
D. Organization of This Federal Register IX. Other Requirements and Considerations elements. Airborne PM can be of
Document for PM2.5Nonattainment Areas different sizes, commonly referred to as
The information presented in this A. Waivers Under Section 188(f) ‘‘coarse’’ and ‘‘fine’’ particles. Fine
B. Conformity Requirements
document is organized as follows: particles, in general terms, are PM with
C. Clean Data Policy
an aerodynamic diameter less than or
I. General Information D. Section 179B/International Border Areas
equal to a nominal 2.5 micrometers
A. Preamble Glossary of Terms and E. Enforcement and Compliance
Acronyms F. Multi-Pollutant Considerations (mm). For this reason, particles of this
B. Entities Affected by This Rule G. Measures To Ensure Appropriate size are referred to as PM2.5. PM2.5
C. Obtaining a Copy of This Document and Protections for Overburdened particles commonly include ‘‘primary’’
Other Related Information Populations particles and ‘‘secondary’’ particles.
D. Organization of This Federal Register H. Tribal Issues Primary particles, or direct PM2.5, are
Document I. Voluntary Programs for Reducing emitted by sources directly into the air
II. Background Ambient PM2.5 as solid or liquid particles (e.g.,
A. Introduction J. Improved Stationary Source Emissions elemental carbon from diesel engines or
B. Overview of PM2.5NAAQS and Monitoring wildfires, or condensable organic
Implementation K. Stationary Source Test Methods for
C. PArtemcuorsspohrse ric Chemistry of PM2.5and Its X. ReEvmoicsastiioonns o off t Cheo n1d9e9n7s Pabrilme aPrMy 2A.5n nual pSaerctoicnldeasr fyr opmar tgiacsloesli naree e fnogrmineeds) i. n the
III. Requirements With Respect to the PM2.5NAAQS atmosphere as a result of chemical
Treatment of PM2.5Precursors in A. Background reactions between specific pollutants
Attainment Plans and the NNSR Program B. History of Revocation of Other NAAQS known as PM precursors (e.g.,
2.5
A. Background C. Requirements for Revocation and reactions between NO and SO
X 2
B. Summary of Proposal Related Anti-Backsliding Requirements emissions from mobile and stationary
C. Final Rule for the 1997 Primary Annual PM2.5 sources combined with ammonia to
IV. Requirements for PM2.5Moderate NAAQS form ammonium nitrate and ammonium
Nonattainment Area Plans XI. Environmental Justice Considerations
A. Plan Due Dates XII. Statutory and Executive Order Reviews sulfate).
B. Emissions Inventory Requirements A. Executive Order 12866: Regulatory The human health effects associated
C. Pollutants To Be Addressed in the Plan Planning and Review and Executive with long or short-term exposure to
D. Attainment Plan Control Strategy Order 13563: Improving Regulation and PM2.5are significant and include
E. Modeling for Attainment Regulatory Review premature mortality, aggravation of
Demonstrations B. Paperwork Reduction Act (PRA) respiratory and cardiovascular disease
F. RFP Requirements C. Regulatory Flexibility Act (RFA) (as indicated by increased hospital
G. Quantitative Milestones D. Unfunded Mandates Reform Act admissions and emergency room visits)
H. Contingency Measures (UMRA) and development of chronic respiratory
I. Attainment Dates E. Executive Order 13132: Federalism
disease. In addition, welfare effects
J. Attainment Date Extensions F. Executive Order 13175: Consultation
V. ReNcolansastitfaiicnamtioenn to Af are PaM to2 .S5eMriooduesr ate aGnodv eCronomrdenintsa tion With Indian Tribal ianscsolucdiaet evdis wibiitlhit yel iemvaptaeidrm PMen2t. 5alse wveellsl as
A. Discretionary Authority G. Executive Order 13045: Protection of effects on sensitive ecosystems,
B. Mandatory Duty Children From Environmental Health materials damage and soiling and
VI. Requirements for PM2.5Serious and Safety Risks climatic and radiative processes.1
Nonattainment Area Plans H. Executive Order 13211: Actions On December 14, 2012, the EPA made
A. Plan Due Dates Concerning Regulations That revisions to the suite of the NAAQS for
B. Emissions Inventory Requirements Significantly Affect Energy Supply, PM to provide requisite protection of
C. Pollutants To Be Addressed in the Plan Distribution, or Use public health and welfare with an
D. Attainment Plan Control Strategy I. National Technology Transfer and adequate margin of safety. The EPA also
E. Modeling for Attainment Advancement Act
made corresponding revisions to the
Demonstrations J. Executive Order 12898: Federal Actions
F. RFP Requirements To Address Environmental Justice in data handling conventions for PM and
G. Quantitative Milestones Minority Populations and Low-Income the ambient air monitoring, reporting
H. Contingency Measures Populations and network design requirements for
I. Attainment Dates K. Congressional Review Act (CRA) PM. Specifically, the agency revised the
J. Attainment Date Extensions L. Determination Under Section 307(d) primary annual PM2.5standard by
VII. Requirements Under CAA Section 189(d) M. Judicial Review lowering the level from 15.0 to 12.0 mg/
for PM2.5Serious Areas That Fail To XIII. Statutory Authority
ES2 AAttttaaiinn mtheen Nt DAaAteQ S by the Applicable II. Background an1dF wore laf acroem epffleecttes daissscoucsisaitoend owfi tthhe e hxpuomsaunre h teoa lth
RUL A. Plan Due Dates A. Introduction elevated concentrations of particulate matter, see
D with BC.. EPmolilsustiaonntss ITnov Benet Aordyd Rreesqsueidre imn ethnets P lan Ambient, or outdoor, air can contain gPeanrteircaulllayt e‘‘ IMntaetgtreart.’e’d U S.Sc.i eEnncvei rAosnsmesesnmtaeln Pt rfootre ction
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SK3 F. RFP Requirements liquid particles, and can be a complex standards/pm/s_pm_2007_isa.html. See Chapter 2.
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58012 Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations
m3to provide increased protection appropriate, of the NAAQS for from certain categories of sources
against health effects associated with widespread pollutants emitted from nationwide, which can help with local
long- and short-term PM exposures. numerous and diverse sources attainment needs in a given
2.5
The EPA did not revise the secondary considered harmful to public health and nonattainment area. The EPA also has
annual PM standard, which remains the environment. The CAA requires two authority to provide funding, technical
2.5
at 15.0 mg/m3.2The EPA eliminated types of NAAQS: (i) Primary standards, assistance, and guidance to states to
spatial averaging as part of the form of which set limits to protect public support implementation of the NAAQS.
the PM annual standards to avoid health, including the health of at-risk In addition, the EPA has authority to
2.5
potential disproportionate impacts on populations; and (ii) secondary address interstate transport of
at-risk populations. In addition, the EPA standards, which set limits to protect pollutants, in the event that states fail to
retained the level and form of the public welfare, including protection do so. Through this authority, the EPA
primary and secondary 24-hour PM against visibility impairment, damage to has addressed regional transport of
2.5
standards to continue to provide animals, crops, vegetation and pollutants from upwind states to
supplemental protection against health buildings. downwind states, and has previously
effects associated with short-term PM The CAA also establishes important done so for purposes of the PM
2.5 2.5
exposures. Although not directly roles both for state and tribal NAAQS.8In addition, the EPA has the
relevant to this rulemaking with respect governments and for the EPA in authority and responsibility to review
to implementation of the PM NAAQS, implementing the NAAQS. In and take action to approve or
2.5
it should be noted that in December accordance with the principle of disapprove attainment plans submitted
2012, the EPA also did not revise the cooperative federalism, both state and by states based upon whether they meet
level or form of the primary and tribal governments and the EPA have applicable statutory and regulatory
secondary 24-hour PM NAAQS, which respective authorities and requirements and to initiate the process
10
remain at 150 mg/m3.3 responsibilities under the CAA. At the for imposition of sanctions and/or issue
Estimates show that attainment of the outset, the EPA has the authority and federal implementation plans (FIPs)
primary PM2.5standards will result in responsibility to promulgate the when states fail to fulfill their CAA
hundreds fewer premature deaths each NAAQS. In turn, state, local and tribal obligations.
year, prevent tens of thousands of air pollution control agencies (‘‘air
2. History of PM NAAQS
hospital admissions each year and agencies’’) have the authority and 2.5
Implementation
prevent hundreds of thousands of primary responsibility for developing
doctor visits, absences from work and and implementing attainment plans that The EPA first promulgated annual
school and respiratory illnesses in contain emission control measures and 24-hour NAAQS for PM2.5in July
children annually.4Attainment of the needed to achieve the air quality 1997.9Prior to that time, the EPA had
primary PM standards will have standards in a timely manner in each addressed ambient PM through other
2.5
welfare co-benefits in addition to direct nonattainment area, consistent with the means, first by regulating ‘‘total
human health benefits. The term requirements of the CAA. The EPA often suspended particles’’ (TSP) and then
‘‘welfare co-benefits’’ covers both assists states by promulgating later by regulating PM10.After
environmental and societal benefits of regulations or providing guidance for protracted litigation, the 1997 NAAQS
reducing pollution, such as reductions meeting implementation requirements for PM2.5were upheld by the U.S. Court
in visibility impairment, materials and by providing technical tools, of Appeals for the District of Columbia
damage and ecosystem damage.5 including information on control Circuit in March 2002.10The EPA
measures.67 subsequently promulgated designations
B. Overview of PM NAAQS and
Implementation 2.5 The EPA also promulgates nationally for the 1997 PM2.5NAAQS nationwide,
applicable control requirements and designating a number of areas as
1. General Background emission limits for many sources such nonattainment for the 1997 PM2.5
as new motor vehicles, certain NAAQS, effective April 2005.11In April
Sections 108 and 109 of the Clean Air
categories of new and modified major 2007, the EPA issued a detailed
Act (CAA or Act) govern the
stationary sources and existing implementation rule to assist states with
establishment, review and revision, as
stationary sources of toxic air the development of SIP submissions to
pollutants. These federal actions assist meet attainment plan requirements for
278 FR 3086 (January 15, 2013).
3This final rulemaking applies to implementation states by achieving emissions reductions the 1997 NAAQS (the ‘‘2007 PM2.5
of the PM2.5NAAQS. For the PM10NAAQS, states Implementation Rule’’).12In May 2008,
and the EPA will continue to implement those 6It is important to note that the EPA does not the EPA issued another rule to assist
NAAQS in accordance with the applicable statutory have a mandatory duty to promulgate an states with SIP submissions to meet the
requirements of the CAA and the EPA’s existing implementation rule for the PM2.5NAAQS, and the specific requirements for permitting
guidance in the ‘‘The General Preamble for obligations of state and tribal air agencies to
Implementation of Title I of the Clean Air Act develop and submit an attainment plan are programs for NNSR purposes in
(CAA) Amendments,’’ 57 FR 13498 (April 16, 1992); independent obligations and not conditioned upon designated nonattainment areas (the
and ‘‘State Implementation Plans for Serious PM– the EPA promulgating an implementation rule for ‘‘2008 PM NSR Rule’’).13The EPA
2.5
1P0re Namonbalett afoinr mtheen Itm Aprleeams:e Antdadtieonnd oufm T tiotl eth Ie o Gf tehnee ral the7 WPMhe2.n5 NthAe AteQrmS. ‘‘state’’ is used hereafter, it will premised both the 2007 PM2.5
Clean Air Act (CAA) Amendments,’’ 59 FR 41998 refer generically to states, local air agencies, and Implementation Rule and the 2008
(August 16, 1994). Throughout this preamble, these tribal governments electing to be treated as states PM2.5NSR Rule on the EPA’s
documents will be referred to as the ‘‘General for the purposes of implementing the CAA. Of interpretation of the statute that
Preamble’’ and the ‘‘Addendum,’’ respectively. additional note is that the 1998 Tribal Authority
ULES2 Re4v‘i‘sRieognusl taoto trhye INmaptaiocnt aAl nAamlybsiise nfot rA tihre Q Fuianlailt y Rwuhliec h(T iAmRp)l,e wmheincths isse cfotiuonnd 3 i0n1 (4d0) CoFf Rth pe aCrAt 4A9,, 8See 76 FR 48208 (August 8, 2011).
T082PROD with R SEQEEtnnPuavvAaniil–drrioot4aynn5r dmm2asn/ee Rdfnno– ttPr1aa l2Plla –aPInm0rrnt0oipic5tnaeu.gc clS ttaSsietot eeDan nhMi vAdttaiagpstriet:doe/n/rsncw.,,’ y ’HwF ,U eewO.abS3flrft..uieh cap eara yno. gdf2 o A8v,i/ r2t t0n1/3. paCitmrsrAi obapAve lssie.td maIaettr esege n i twnvhtaoehatsttei orntterrn iiqi bbmpueelipssar lentbehdseme (tt Teoroen IpdaPtteitsineov)d,gne bl cioounepft r t dtuhiameneivn lpsei aksllemeoemcp setitei namongtntea astsnrt ,oiin obfe natrlh e agne91n1d016e rF7r2ea0o lFl ralF RytaRe 73dc 988o c4 6mFo45Rup 2(r lJ 3tea( J0tndue8ue l6sycau i r(1smyJia8 o5mn,n ,u1 as29a r0or9yy0n7 o 5 )1tf.)h 5.l e,e g2Pa0Ml1 c3 Nh).aA llAeQngSe,s s ee
G9 naaqs/standards/pm/s_pm_2007_ria.html. plans. Section IX.I of this preamble provides further 1272 FR 20583 (April 25, 2007).
SK3 5Ibid. discussion of tribal issues. 1373 FR 28231 (May 16, 2008).
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Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations 58013
nonattainment areas for the PM supplemental protection against health regulation of such precursors. As a
2.5
NAAQS were subject solely to the effects associated with short-term PM result, the court remanded to the EPA
2.5
general attainment plan requirements of exposures, especially in areas with high both the 2007 PM Implementation
2.5
subpart 1, part D of title I of the CAA peak PM concentrations.20This suite Rule and the 2008 PM NSR Rule, both
2.5 2.5
(‘‘subpart 1’’). of primary PM standards provides of which were premised on the EPA’s
2.5
Section 109(d)(1) of the CAA requires increased public health protection, interpretation of the statute that subpart
the EPA periodically to review the including the health of at-risk 1 was the only applicable subpart for
science upon which the standards are populations which include children, the implementation of the 1997 PM
2.5
based and the standards themselves, older adults, persons with pre-existing NAAQS in nonattainment areas. The
and to revise the standards as may be health and lung disease and persons of court instructed the EPA ‘‘to
appropriate. In October 2006, the EPA lower socioeconomic status, against a repromulgate these rules pursuant to
promulgated revisions to the suite of the broad range of PM -related effects that subpart 4 consistent with this opinion.’’
2.5
NAAQS for PM, and in particular the include premature mortality, increased Given the D.C. Circuit’s opinion in
EPA revised the 24-hour PM2.5 hospital admissions and emergency NRDC v. EPA, the EPA withdrew its
standards.14In accordance with section department visits and development of 2012 guidance document for the 2006
107(d), the EPA subsequently chronic respiratory disease.21With 24-hour PM2.5NAAQS in June 2013.
designated a number of areas as regard to the secondary (welfare-based) Because the court had concluded that
nonattainment for the revised 2006 24- standards, the EPA retained the existing the EPA and states must implement the
hour PM2.5standards, effective annual PM2.5standard of 15.0 mg/m3 PM2.5NAAQS consistent with the
December 2009.15In March 2012, the and the existing 24-hour PM standard statutory requirements of subpart 4, the
2.5
EPA issued a guidance document of 35 mg/m3to protect against PM- EPA’s 2012 guidance for attainment
specifically to aid states in preparing related non-visibility welfare effects plans for the 2006 PM2.5NAAQS
their SIP submissions to meet including ecological effects, effects on premised solely upon subpart 1
attainment plan requirements for the materials and climate impacts. In requirements was no longer appropriate.
2006 24-hour PM2.5NAAQS in addition, the secondary 24-hour PM2.5 The EPA issued a notice of proposed
designated nonattainment areas.16The standard provides protection for PM- rulemaking (NPRM) on March 23, 2015
EPA’s guidance for the 2006 PM2.5 related visibility impairment. (80 FR 15340) titled, ‘‘Fine Particulate
NAAQS was based, in large part, on the On January 4, 2013, shortly after the Matter National Ambient Air Quality
requirements finalized in the 2007 PM2.5 EPA promulgated the 2012 revisions to Standards: State Implementation Plan
Implementation Rule, which the EPA the suite of PM NAAQS, the D.C. Circuit Requirements’’ (PM2.5SIP Requirements
based solely upon the statutory issued its decision in a challenge to the Rule) to meet a number of objectives.
requirements of subpart 1. 2007 PM Implementation Rule and This final rule accomplishes those
2.5
The EPA initiated a review of the the 2008 PM NSR Rule. In NRDC v. objectives. It clarifies how states should
2.5
PM2.5NAAQS in June 2007, proposing EPA, the court held that the EPA erred meet the statutory SIP requirements that
revisions to the primary and secondary in implementing the 1997 PM NAAQS apply to areas designated nonattainment
2.5
PM2.5NAAQS on June 29, 2012.17The pursuant only to the general for any PM2.5NAAQS under subparts 1
EPA issued its final rule on December implementation requirements of subpart and 4. It does so by establishing
14, 2012, in which it lowered the 1, rather than also to the regulatory requirements and providing
primary annual PM2.5standard from implementation requirements specific to guidance that will be applicable to
15.0 mg/m3to 12.0 mg/m3to provide particulate matter (PM ) in subpart 4, attainment plans for the 2012 PM2.5
10
increased protection against health part D of title I of the CAA (‘‘subpart NAAQS and any future revisions of the
effects associated with long- and short- 4’’).22The court reasoned that the plain PM2.5NAAQS, subject to revisions that
term fine particle exposures.18The EPA meaning of the CAA requires may be necessary for implementation
also eliminated spatial averaging as part implementation of the 1997 PM purposes in the future. In addition, this
2.5
of the form of the annual standard to NAAQS under subpart 4 because PM action responds to the D.C. Circuit’s
avoid potential disproportionate particles fall within the statutory 2.5 remand of the 2007 PM2.5
impacts on at-risk populations.19The definition of PM and thus Implementation Rule and the 2008
EPA retained the level (35 mg/m3) and implementation 1o0f the PM NAAQS is PM2.5NSR Rule. As a result, the
form (98th percentile, averaged over 3 subject to the same statuto2r.y5 requirements of the rule will also govern
ysteaanrds)a ordf ,t hase rpervimiseadry i n2 42-0h0o6u,r t oP Mpr2o.5v ide raedqduitiiroenm, eanltths oaus gthhe t hPeM c1o0uNrtA sAtaQteSd. tIhna t fountguorien agc itmiopnlse amsesonctaiatitoend ewffiothrt sst faoter st’h e
1997 and 2006 PM NAAQS.
its decision that the EPA must 2.5
1471 FR 61144 (October 17, 2006). implement the PM NAAQS pursuant The public comment period for the
1574 FR 58688 (November 13, 2009). to subpart 4 require2.m5 ents meant that it proposed PM2.5SIP Requirements Rule
16Memorandum of March 2, 2012 (withdrawn closed on May 29, 2015, and the EPA
did not have to reach decisions on other
June 6, 2013), from Stephen D. Page, Director, received 56 comments during that
Office of Air Quality Planning and Standards, to the issues concerning the regulation of period. The preamble to this final rule
EPA Regional Air Directors, Regions I–X, precursors to PM , the court
2.5 includes discussion of the most
‘‘Implementation Guidance for the 2006 24-Hour nonetheless noted that subpart 4 has
Fine Particle (PM2.5) National Ambient Air Quality specific requirements with respect to significant comments received on the
Standards (NAAQS).’’ Available at: http:// proposal and how the EPA considered
www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/ them in developing the agency’s final
20120302_page_implement_guidance_2006-24-hr_ 2071 FR 61144 (October 17, 2006).
S2 pm2.5_naaqs.pdf. 21General information regarding the health action concerning the specific
D with RULE 11178977S78p aFFtRRia l33 a80v88e96r0 (a Jg(aJinunungae or 2fy 9 m1, 5o2,n0 2i1t02o1)r3.e )d. ambient air eapftaf: erhtcittctspl ea:p/s/oswollwcuiwtaito3en.de/ phwaei.atghlot vhP/.Mhait2rm.q5ule. axAlpidtoyds/iutrioesn aisl available nTthohanet a aRtcteacsiopnmomnpesanen tti ope slCa tnohmnisim nfigen nraetlsq r uduiolrece ummenentst.
RO quality data was a feature of the prior PM2.5NAAQS information, such as the EPA’s technical documents provides more detailed responses to the
G9T082P mmceoarstnakiitinon rgmi npogan rritetiocgruuelldaart lilooycn hasit giwohhn Pisc Mwh2 ih.t5hacidno tn nhcoee nnpatortttaeatniinotinmasle afnott r sasutvapanipldaoabrrtldien sag/tp :t mhhet/t slp_a:pt/e/mswt_ wrienwvd.ieeepxw.ah .ogtmfo tvlh/. tet nst/annadaaqrsd/s, is spiugbnliifcic caonmt cmoemnmtse rnetcse riveceedi voend t.h Teh NeP RM
SK3 areas. 22NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013). and the EPA’s Response to Comment
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58014 Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations
document are posted in the docket at appropriate regulations for are SO , from the combustion of coal or
2
http://www.regulations.gov (Docket ID implementation of the PM2.5NAAQS. other high sulfur fuels; NOX, from many
No. EPA–HQ–OAR–2013–0691). As noted earlier, the term PM2.5refers types of fossil fuel combustion; VOC,
to particles of solid and liquid material from certain fuels, solvents and
C. Atmospheric Chemistry of PM and
2.5 less than 2.5 microns in aerodynamic industrial processes; and ammonia,
Its Precursors
diameter.23‘‘Primary’’ PM is emitted
2.5 from sources such as animal feeding
1. Overview directly from emissions sources or operations, wastewater treatment and
activities, such as from diesel fuel
fertilizer. To illustrate the types of
In order to determine how to regulate combustion, wood burning,
sources that emit relevant pollutants,
sources of direct PM and PM construction activities, and unpaved
2.5 2.5 Table 1 provides National Emissions
precursors to attain the PM NAAQS in roads, and it includes both filterable and
2.5 Inventory (NEI) data for 2011 that
a given nonattainment area, it is condensable particles.24‘‘Secondary’’
represent nonattainment area
necessary to understand the basic PM is formed as a result of emissions
2.5
anthropogenic and wildfire emissions
chemical processes that cause or of certain precursor gases that undergo
estimates for direct PM and the four
contribute to the formation of ambient chemical reactions in the atmosphere. 2.5
PM2.5. Accordingly, an understanding of The principal precursor gases that main PM2.5precursor gases from major
these processes is necessary to design contribute to secondary PM formation source sectors.
2.5
TABLE 1—TOTAL EMISSIONS OF PM2.5 AND PRECURSORS FOR MAJOR SECTORS IN PM2.5 NONATTAINMENT AREASa
[In tons/year]
Source: 2011 National Emissions Inventory (Version 2)b
Category Direct PM SO NO VOC NH
2.5 2 X 3
Fuel combustion, electric generating utilities (EGUs) ......... 11,339 324,658 82,509 3,001 3,572
Fuel combustion, industrial .................................................. 10,286 23,762 57,690 6,251 892
Fuel combustion, other ........................................................ 29,582 8,224 60,636 32,320 8,819
Chemical and allied products .............................................. 1,504 1,329 1,056 2,828 685
Metals processing ................................................................ 4,037 19,490 4,543 4,586 130
Petroleum and related industries ......................................... 1,534 7,273 3,775 18,830 215
Other industrial processes ................................................... 24,168 8,466 22,599 24,928 1,094
Solvent utilization ................................................................. 1,089 39 56 242,022 68
Storage and transport .......................................................... 3,420 628 7,067 55,410 3,684
Waste disposal and recycling .............................................. 4,143 830 4,130 16,492 19,389
Onroad mobile ..................................................................... 21,073 2,598 540,800 234,136 17,525
Offroad mobile ..................................................................... 13,660 5,874 239,169 152,504 150
Miscellaneous (includes emissions from fire,c dust and
some agricultural operations) ........................................... 158,565 7,368 13,734 248,835 236,577
Total .............................................................................. 284,401 410,540 1,037,764 1,042,144 292,800
aThere were 33 areas designated as nonattainment for the 1997, 2006, or 2012 PM NAAQS as of June 6, 2016. These areas were com-
2.5
prised of 67 whole or partial counties. The emissions data in this table represents whole county emissions for the 67 counties because such data
is readily available in EPA databases. Actual emissions totals for the 33 nonattainment areas in aggregate would be somewhat lower because
some nonattainment areas include partial counties.
bFor more details on the definitions of the emission categories listed in Table 1, see Sector/Tier crosswalk table for the 2011 NEI, available at:
ftp://ftp.epa.gov/EmisInventory/2011/doc/scc_eis_crosswalk_2011neiv1.xlsx.
cEmissions from fire include wildfire, prescribed fire, and agricultural burning.
2. Composition and Sources of PM known to contribute to ambient PM presents a brief overview of PM
2.5 2.5 2.5
Constituents levels in areas throughout the U.S.26 composition by region of the U.S.
PM2.5is a complex and highly Section II.C.3.d of this preamble OM is the fraction of ambient PM2.5
variable mixture of particles, but the provides more details on the with the most diverse chemical
majority of PM by mass is often atmospheric chemistry involved in the composition, containing potentially
2.5
comprised of five constituents: (i) OM; formation of sulfate, nitrate and OM, to thousands of different organic
(ii) EC; (iii) crustal material; (iv) illustrate the importance of controlling compounds (i.e., those compounds
ammonium sulfate ((NH4)2SO4); and (v) emissions of PM2.5precursors as part of containing carbon) composed primarily
ammonium nitrate (NH4NO3).25The any comprehensive strategy to reduce of carbon, hydrogen, oxygen and
discussion that follows provides an ambient PM levels in excess of the nitrogen. Both primary particles and
2.5
overview of each of the five major NAAQS. Section II.C.4 of this preamble secondary particles contribute to
components of PM , all of which are ambient OM concentrations, with
2.5
23The regulatory definition of PM2.5includes designated in accordance with Appendix C of 40 25Seinfeld J.H. and Pandis S.N., 2006.
particles with an upper 50 percent cut-point of CFR part 58. Atmospheric Chemistry and Physics: From Air
ES2 2.5mm aerodynamic diameter (the 50 percent cut- 24Certain commercial or industrial activities Pollution to Climate Change. 2nd edition, J. Wiley,
RUL point diameter is the diameter at which the sample involving high temperature processes (e.g., fuel New York.
D with cpoelrlceecntst o5f0 t pheer pceanrtti colfe tsh).e P pMar2t.5icpleasr taicnlde sr ehjaevcets a 5 0 ceommitb guassteioonu,s mpoeltlaul tparnotcs eisnstion gth, ec oaomkbiniegn ot paeirr atthioatn s) ‘‘T2h6eU P.Sa.r tEicnlvei rPoonllmuetinotna lR Perpootertc:t Ciounr rAenget ncy, 2004.
T082PRO pmdeeenstiehgtonrdaatt bieoadns ie ncdu aorcvnce oA arpds pamneencaeds iwuxri eLthd o 4bf 0y4 0Ca FCreRFf Repr aeprnat cr5te 3 5,0 b ayn d r‘‘acpoinddlye ncsoanbdlee’n’ sPeM in etmo pisasritoinclse e fxoirsmt a. lTmhoesste e ntirely UtShtnraodnuedrgashrtd a2ns0,d 0Ei3nm.g’i’ soOsfi foAfincirse , Q oMuf oaAnliiirtty oQ rauinnadgli ,Et yamn Pdils asAnionnnainsly gs aisn d
G9 an equivalent method designed in accordance with in the 2.5 or less micron range and can consist of Division, December 2004. Available at: http://
SK3 40 CFR part 53, or by an approved regional method organic material, sulfuric acid and metals. www.epa.gov/airtrends/reports.html.
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Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations 58015
combustion sources being the dominant in the form of particles that include accounting for more than 80 percent of
type of emissions sources. Another sodium chloride and ammonium national anthropogenic NO emissions
X
portion of primary OM particles results chloride. Particle-bound water is often (based on the 2011 NEI), with boilers
from direct emissions of organic also associated with this fraction of and EGUs contributing about 27 percent
compounds from sources of incomplete PM . Sulfate, nitrate and ammonium and mobile sources contributing 56
2.5
combustion, such as gas and diesel particles originate through both primary percent. Oxides of nitrogen react in the
engines. Secondary OM particle and secondary mechanisms, although atmosphere to form nitric acid, another
formation involves oxidation of both the vast majority of these PM particles prime contributor to acid deposition in
2.5
anthropogenic and biogenic (plant- are formed through secondary the environment. Nitric acid converts to
derived) VOC, and can involve other, formation, as described in the following ammonium nitrate, one of the five main
more complex chemical reactions. section. components of PM in the presence of
2.5,
Further details of the chemistry behind ammonia. Low temperatures and high
3. Secondary Formation of PM From
the formation of secondary OM, known 2.5 relative humidity create ideal
Gaseous Precursors
more commonly as secondary organic conditions for the formation of
aerosols (SOA), are described in Section a. Overview. The composition of ammonium nitrate, typically leading to
II.C of this preamble. PM2.5is complex and highly variable higher atmospheric levels in winter
EC refers to particulate carbon that due in part to the large contribution of months and lower levels in summer
has a graphitic molecular structure, and secondary PM2.5to total fine particle months.29
is sometimes referred to as ‘‘black mass in most locations, and to the d. SOA Formation. As discussed
carbon’’ (BC). It is emitted directly from complexity of secondary particle earlier, the OM component of ambient
emission sources and does not undergo formation processes. A large number of PM is a complex mixture of hundreds
2.5
any significant reactions with other possible chemical reactions, often non- or even thousands of anthropogenic and
gases in the atmosphere. EC particles linear in nature, can convert the gases biogenic organic compounds. These
result from primary emissions involving SO2,NOX, VOC and ammonia to PM2.5. compounds are either emitted directly
combustion, especially from diesel- Thus, these gases are precursors to from sources (i.e., as ‘‘primary’’ PM )
2.5
fueled vehicles, but also from other PM2.5. A brief discussion of SO4, NO3 or formed by reactions in the ambient
processes involving the burning of fossil and SOA formation, as well as the role air to make SOA (i.e., as ‘‘secondary’’
fuels. The latter include anthropogenic of ammonia in their formation, follows. PM ).
2.5
sources such as boilers and waste b. SO4Formation. SO2is emitted VOC (both anthropogenic and
disposal. In addition, some EC particles mostly from the combustion of fossil biogenic) are key precursors to the SOA
originate from biomass combustion such fuels in boilers operated by electric component of PM . The relative
2.5
as from prescribed fires, wildfires and utilities and other industries, with less importance of these compounds in the
residential wood combustion. than 10 percent of SO2emissions formation of organic particles varies
Crustal PM is comprised of particles nationwide currently coming from other between geographic areas, depending
of soil and oxides of metals from some industrial sources, such as oil refining upon local emission sources,
industrial processes. Compounds and pulp and paper production.28When atmospheric chemistry and season of
comprised of elements such as silicon, SO2oxidizes it forms sulfuric acid, a the year. It should be further noted that
aluminum, iron, calcium, titanium, highly corrosive compound toxic to not all inventoried VOC may be
magnesium and potassium, as well as humans and to ecosystems that contributing to the formation of organic
oxygen, are major components.27 contributes to acid deposition (acid particles. For example, chemical
Sources of crustal PM2.5include rain). In the presence of ammonia, reactions involving VOC are generally
windblown dust, dust from mechanical however, sulfuric acid will react to form accelerated in warmer temperatures,
resuspension (e.g. dust from (NH4)2SO4,a less acidic compound and and for this reason studies show that
construction activities or vehicles one of the five major components of SOA typically comprises a higher
driving on unpaved roads) and some PM2.5. If there is not enough ammonia percentage of PM2.5in the summer than
forms of combustion, especially of coal. present to fully neutralize the sulfuric in the winter.30
Crustal PM2.5comprised of elements, acid, part of it may convert to NH4HSO4, Anthropogenic sources of VOC
like iron (Fe), and their oxides can also which is more acidic than (NH4)2SO4, include mobile sources, petrochemical
be emitted from industrial sources. but less so than sulfuric acid. There is manufacturing, oil and gas emissions,
The remaining portion of ambient a large amount of emerging scientific fire emissions, and solvents.31In
PM2.5is mostly composed of SO4, NO3 evidence that SO2may also contribute addition, some biogenic VOC, emitted
and NH4, which react in the ambient air to the formation of SOA from biogenic by vegetation such as trees, can also
to form ammonium sulfate ((NH4)2SO4) VOC emissions (see section later on contribute significantly to SOA
and ammonium nitrate (NH4NO3). SOA). Sulfate levels in the ambient air formation, especially in heavily forested
Another common PM2.5particle is peak in summer months due to areas, such as the southeastern U.S. It
ammonium bi-sulfate (NH4HSO4). In increased SO2emissions, generally from should be noted, however, that
some areas, less common ions such as electric generating units (EGUs), and
chloride are also found in PM2.5samples from meteorological conditions that are 29Carlton, A.G., Pinder, R.W., Bhave, P.B.,
conducive to sulfate formation. Pouliout, G.A., 2010. To What Extent Can Biogenic
27Appel, K.W., Pouliot, G.A., Simon, H., Sarwar, c. NO3Formation. The main sources SOA Be Controlled, Environmental Science and
G., Pye, H.O.T., Napelenok, S.L., Akhtar, F., and of NO emissions are combustion of Technology 44(9), 3376–80.
Roselle, S.J., 2013. Evaluation of dust and trace X 30Pandis S.N., Harley R.A., Cass G.R., and
ES2 metal estimates from the Community Multiscale Air fossil fuel in boilers and mobile sources, Seinfeld J.H., 1992. Secondary Organic Aerosol
UL Quality (CMAQ) model version 5.0, Geoscientific Formation and Transport, Atmospheric
D with R MSoordoeols hDieavne, lAop.,m Sehnint gDliesrc, uTs.s, iHonarsp 6o1l8d5, 9A–.,1 F89ea9g; les, ‘‘22080U8 .NS.a Etinovniarlo Enmmiesnstiaoln Ps rIontveecntitoonr yA: gReenvciyew, 2 013. En3v1iCroanrlmtoenn,t A, 2.G6,. ,2 B2h6a6v–e8,2 P. .B., Napelenok, S.L.,
RO C.W., Meixner, T., and Brooks, P.D., 2013. Aerosol Analysis and Highlights.’’ Office of Air Quality Edney, E.O., Sarwar, G., Pinder, R.W., Pouliout,
T082P aUnndi tpedre Scitpatietast:i sopna ctihoetemmisptroyra iln t rthene dsso uanthdw estern PDliavnisniionng, aMnady S 2t0an13d.a ErdPsA, –A4i5r 4Q/uRa–l0it0y5 .A Assveasislambelen ta t: GRe.Ap.r,e asnendt aHtoiouny oouf xS,e Mco.n (d2a0r1y0 O), rMgaondiecl Aerosol in
G9 interrelationships, Atmospheric Chemistry and https://www.epa.gov/sites/production/files/2015- CMAQ4.7, Environmental Science and Technology
SK3 Physics 13, 7361–7379. 07/documents/2008report.pdf. 44(22), 8553–60.
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58016 Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations
anthropogenic contributions to SOA are clouds, precipitation and particles. On In addition to the mean values for all
likely highest in the wintertime when the other hand, deposited ammonia can sites in each region, the table includes
biogenic SOA levels are lower; contribute to problems of eutrophication the minimum and maximum observed
conversely, in the summertime, biogenic in water bodies due to its nutritive PM and species concentrations for
2.5
contributions to SOA are likely higher. properties.32Ammonia would not exist sites within each region. These data
Despite significant progress that has in particles if not for the presence of illustrate broad observed spatial
been made in understanding the origins acidic species with which it can patterns across the U.S. in PM
2.5
and properties of SOA, it remains the combine to form a particle. In the concentrations and its composition. For
least understood component of PM2.5 eastern U.S., sulfate, nitrate and the example, PM2.5concentrations are
and continues to be a significant topic ammonium associated with them can highest on average in the Central and
of research and investigation. together account for between roughly 30 West regions. Sulfate mass comprises a
e. Role of Ammonia in Sulfate, Nitrate percent and 75 percent of the total PM2.5 larger fraction of PM2.5than nitrate mass
and SOA Formation. Ammonia is a mass in a given area. The ammonium in the northeastern U.S., whereas nitrate
gaseous pollutant emitted by natural portion by itself roughly accounts for has a greater contribution than sulfate in
and anthropogenic sources. The EPA’s between 5 percent and 20 percent of the the West. OM is the dominant
2011 NEI shows that the two main total PM2.5mass in the East.33 component in all regions, with the
f. Role of NO in Nitrate and SOA
sources of ammonia emissions are X highest concentrations of OM on
Formation. In addition to the
fertilizer application (27 percent) and average found in the West, Northwest
contribution of NO emissions to
livestock raising (54 percent). It should X and Southeast. On a percentage basis,
secondary particulate nitrate formation,
be noted that the 2011 NEI indicates the concentrations of EC and crustal
NO also reacts with anthropogenic and
that mobile sources in the aggregate X material are relatively low throughout
biogenic VOC to enhance the secondary
contribute about 3 percent of all regions of the U.S. compared to the
formation of organic compounds that
nationwide ammonia emissions. make up SOA. NO is thus involved in other major PM2.5components.
Catalytic converters installed on light- all secondary PM cXhemistry, not just in The composition of PM2.5also varies
duty gasoline vehicles are designed to particulate nitrate formation.34 between urban and rural areas. This is
convert NOXto nitrogen (N2); however, reflective of the distribution of urban
some ammonia is formed as a secondary 4. Fine Particulate Composition by and regional emission sources,
product and emitted during this Location. atmospheric reactions and transport of
process. Table 2 shows regional 3-year mean fine particles. More details about the
As indicated earlier, ammonia plays concentrations (2009–2011) of PM spatial distribution and origins of PM
2.5 2.5
an important role in neutralizing acids, and its main components at sites in the components can be found in the docket
such as sulfuric acid and nitric acid, in Chemical Speciation Network (CSN).35 for this action.36
TABLE 2—PM2.5 CHEMICAL COMPOSITION DATA AT 2009–2011 NONATTAINMENT SITES
[Source: EPA Speciation Trends Network]
Concentration
(μg/m 3)
Region Statistic
Sulfate Nitrate OM EC Crustal PM
2.5
Central .............................. Min (μg/m 3) ....................... 1.46 0.3 2.73 0.31 0.01 8.92
Mean (μg/m 3) ................... 2.69 1.49 3.57 0.68 0.26 11.63
Max (μg/m 3) ...................... 4.19 3.34 4.81 1.1 1.0 13.51
N ....................................... 61 61 50 50 61 42
East North Central ............ Min (μg/m 3) ....................... 0.83 0.38 1.97 0.19 0.01 6.03
Mean (μg/m 3) ................... 1.68 1.8 2.84 0.48 0.19 9.86
Max (μg/m 3) ...................... 2.51 3.57 3.69 0.79 0.61 11.87
N ....................................... 29 28 20 20 28 23
North East ......................... Min (μg/m 3) ....................... 0.58 0.12 1.74 0.14 0 4.42
Mean (μg/m 3) ................... 2.06 0.97 3.14 0.69 0.17 9.33
Max (μg/m 3) ...................... 5.12 2.26 5.05 1.69 0.52 15.05
N ....................................... 59 59 39 39 59 46
North West ........................ Min (μg/m 3) ....................... 0.24 0.05 2.91 0.42 0.01 6.06
Mean (μg/m 3) ................... 0.54 0.4 5.02 0.81 0.15 8.33
Max (μg/m 3) ...................... 1.09 1.79 8.44 1.25 0.53 10.96
N ....................................... 33 33 13 13 33 14
South................................. Min (μg/m 3) ....................... 0.88 0.18 1.36 0.12 0.02 5.22
Mean (μg/m 3) ................... 2.06 0.8 3.32 0.57 0.5 10.05
Max (μg/m 3) ...................... 3.08 1.67 5.1 1.48 2.38 14.27
N ....................................... 36 27 23 23 36 23
South East ........................ Min (μg/m 3) ....................... 1.6 0.2 1.75 0.37 0.01 6.76
Mean (μg/m 3) ................... 2.39 0.53 4.12 0.63 0.26 10.77
S2
E
UL 32Seinfeld, J.H. and Pandis, S.N. (1998), Washington. Available at: http://narsto.org/pm_ carbon (OC) concentrations by 1.6 (Turpin and Lim
D with R APotmlluotsipohne troi cC Clihmeamteis Ctrhya anngde ,P 1hsyt seidcsit:i Forno, mJ. WAiirl ey, sci3e4nCcaer_latosnse, sAsm.Ge.,n Pt.i nder, R.W., Bhave, P.B., and (621000)1. P),M A2e.5rocsoonl cSecniternactieo nans dc oTmeceh fnroomlo gy, 35, 602–
RO New York. Pouliout, G.A., 2010. To what extent can Biogenic measurements of the Federal Reference/Equivalance
G9T082P Po3l3icNyA MRaSkTeOrs,. 2A0 0N3A. PRaSrTtiOcu Alastsee sMsmatetenrt .S Pcaierntsc 1e faonrd STOe3cA5hT nbhoeel Co ogoryng at4rn4oi(lc9l e)m,d 3a, 3tEt7en6rv –(iOr3o3Mn8m0) .ve anltuael sS icnie Tnacbel ea n2d w ere MPMet2h.5omdse a(FsuRrMem/FeEnMt. ) rather than from the CSN
SK3 2. NARSTO. Management Office (Envair), Pasco, calculated by multiplying the measured organic 36Reff and Rao, Memo to the docket, 2013.
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Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations 58017
TABLE 2—PM2.5 CHEMICAL COMPOSITION DATA AT 2009–2011 NONATTAINMENT SITES—Continued
[Source: EPA Speciation Trends Network]
Concentration
(μg/m 3)
Region Statistic
Sulfate Nitrate OM EC Crustal PM
2.5
Max (μg/m 3) ...................... 4.33 1.51 5.71 1.2 0.85 13.38
N ....................................... 44 43 30 30 43 29
South West ....................... Min (μg/m 3) ....................... 0.34 0.07 2.34 0.46 0.02 5.3
Mean (μg/m 3) ................... 0.63 0.49 3.01 0.7 0.5 7.93
Max (μg/m 3) ...................... 1.13 2.65 4.39 1.04 1.96 9.73
N ....................................... 46 46 11 11 46 12
West .................................. Min (μg/m 3) ....................... 0.33 0.08 1.79 0.52 0.01 6.84
Mean (μg/m 3) ................... 0.9 1.4 5.22 0.85 0.32 11.49
Max (μg/m 3) ...................... 2.08 5.14 10.27 1.56 1.05 16.57
N ....................................... 44 44 20 20 44 21
West North Central ........... Min (μg/m 3) ....................... 0.29 0.06 1.22 0.09 0 3.23
Mean (μg/m 3) ................... 0.67 0.48 3.16 0.44 0.22 7.25
Max (μg/m 3) ...................... 1.79 2.02 8.28 1.21 0.53 13.72
N ....................................... 30 30 7 7 30 10
III. Requirements With Respect to the Section III.A of this preamble be excluded from certain PM
2.5
Treatment of PM Precursors in provides background on the January attainment plan requirements and/or
2.5
Attainment Plans and the NNSR 2013 NRDC v. EPA court decision, in NNSR requirements, although the
Program which the court found that subpart 4 of particular sources and requirements
part D of the CAA presumptively eligible for exclusion will depend on the
A. Background
requires regulation of all PM type of demonstration submitted.
2.5
precursors, except under certain Section III.C of this preamble also
The EPA recognizes that the treatment
circumstances. Section III.A of this outlines certain technical issues, such as
of PM precursors is an important issue
2.5 preamble also provides information on the appropriate geographic scope of a
in developing a PM attainment plan37
2.5 the requirements of the subpart 4 precursor demonstration, recommended
or implementing the NNSR program in
provisions applicable to attainment significance thresholds, and
a nonattainment area. The EPA has long
plans for PM NAAQS. Section III.B of recommended analytical approaches for
recognized the scientific basis for
this preamble provides a summary of evaluating precursor contributions to
concluding that there are multiple
scientific precursors to PM 38and the precursor demonstration options in ambient PM2.5levels and the sensitivity
PM .39Appropriate contro10l of the proposed rule and comments of PM2.5levels in an area to decreases
2.5 received. Section III.C of this preamble or increases of emissions.
precursors is especially important for
provides a discussion of the optional January 2013 court decision in NRDC
attaining the PM NAAQS because
2.5 precursor demonstrations provided in v. EPA. As explained in the proposed
secondarily formed particles (such as
the final rule. rule, the EPA’s approach to the
ammonium nitrate, ammonium sulfate,
The final rule describes how in some evaluation and regulation of PM2.5
and some portion of organic carbon)
cases a state may demonstrate that the precursors pursuant to subpart 1 in both
comprise a large fraction of ambient
adoption of additional emission the 2007 PM2.5Implementation Rule
PM concentrations in many
2.5 reduction measures for a particular and the 2008 PM2.5NSR Rule was
nonattainment areas. However, in some
precursor is not needed for purposes of invalidated in the court’s 2013 decision
PM nonattainment areas, a particular
2.5 achieving expeditious attainment nor in NRDC v. EPA. As an example of the
precursor or precursors may not
for advancing the attainment date by at distinction between the divergent
contribute significantly to PM levels
2.5 least a year in a nonattainment area. substantive requirements of subpart 1
that exceed the relevant NAAQS. This
(This is referred in the preamble as an and subpart 4 of part D of the CAA, the
section of the preamble describes
‘‘expeditious attainment court noted that subpart 4 has specific
optional precursor demonstrations that
demonstration.’’) The rule also describes provisions related to regulation of
a state may choose to submit to the EPA
three optional approaches for precursors not present in subpart 1.
in order to establish that sources of
demonstrating that a particular Although the court stated that it was not
particular precursors need not be
precursor is not a significant contributor reaching a decision on the issue of
regulated for purposes of attainment
to ambient PM levels that exceed the regulation of precursors, the court’s
planning or in the NNSR permitting 2.5
standard in a particular nonattainment opinion specifically discussed the
program for a specific nonattainment
area. These three precursor approach to precursors in both the 2007
area.
demonstrations are: (a) Comprehensive PM2.5Implementation Rule and the
precursor demonstration; (b) major 2008 PM2.5NSR Rule and compared that
37Note that in this document the term stationary source precursor approach to section 189(e) of the CAA,
ES2 ‘‘attainment plan’’ refers to a state’s required SIP demonstration; and (c) NNSR precursor which contains the sole explicit
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RO 16, 1992). must do so in accordance with included the following statements with
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58018 Federal Register/Vol. 81, No. 164/Wednesday, August 24, 2016/Rules and Regulations
and PM10. For a PM10nonattainment area areas, except as otherwise provided in believes that by analogy it has authority
governed by subpart 4, a precursor is the statute. Section 189(e) of the CAA to promulgate regulations that allow
presumptively regulated. See 42 U.S.C. explicitly requires the control of states to determine that it is not
7513a(e) [CAA section 189(e)]. Under the PM
precursors from all major stationary necessary to regulate PM precursors
rules challenged here, the EPA established a 2.5
sources in PM nonattainment areas from other sources in nonattainment
rebuttable presumption against regulating 2.5
unless there is a demonstration to the areas as well, under appropriate
ammonia unless a state or the EPA ‘‘provides
satisfaction of the Administrator that circumstances.
an appropriate technical demonstration’’ that
shows emissions from ammonia such major stationary sources do not While CAA section 189(e) expressly
‘‘significantly contribute to PM concentration contribute significantly to PM levels requires control of precursors from
in the nonattainment area.’’ 40 CFR that exceed the standards in the major stationary sources, it is clear that
51.1002(c)(4)(i). When Congress enacted nonattainment area.42Section 189(e) of subpart 4 and other CAA provisions
subpart 4, it sought to end this administrative the CAA contains the only express collectively require the control of direct
gamesmanship.40 exception to control requirements for PM2.5and all PM2.5precursors from all
The court continued to hold that ‘‘[i]n PM precursors under subpart 4. types of sources (i.e., stationary sources,
light of our disposition, we need not When Congress adopted the 1990 area sources, and mobile sources) as
address the petitioners’ challenge to the CAA Amendments, the NAAQS for may be needed for the purposes of
presumptions in 40 CFR 51.1002(c)(3)– PM10was in effect, but no standard for demonstrating attainment as
(4) that volatile organic compounds and PM2.5had yet been established. At that expeditiously as practicable in a given
ammonia are not PM precursors, as time, it was understood that the nonattainment area.43Longstanding
2.5
subpart 4 expressly governs precursor interaction of PM10precursors in the EPA guidance for RACM has indicated
presumptions.’’41 atmosphere led to the formation of PM10 that the state should inventory all
Section 189(e) of the CAA establishes in many areas. However, in some of the emissions of the relevant pollutants and
requirements for precursors to PM10 PM10nonattainment areas, air quality precursors in the nonattainment area,
(which the court concluded expressly problems were caused primarily by area evaluate the available control measures
includes PM ) and provides that: ‘‘The sources emitting direct PM emissions for the relevant pollutant and precursors
2.5
control requirements applicable under (e.g., a nonattainment area with to determine if such controls are
plans in effect under this part for major numerous wood burning devices, or economically and technologically
stationary sources of PM shall also with substantial sources of windblown feasible, and then adopt those measures
10
apply to major stationary sources of coarse particles from construction sites), that are deemed reasonably available
PM precursors, except where the and precursor emissions from major and necessary in order to attain the
10
Administrator determines that such stationary sources were not considered NAAQS as expeditiously as
sources do not contribute significantly to make a significant contribution to the practicable.44The EPA guidance has
to PM levels which exceed the local nonattainment problem. For cases also long indicated that the state must
10
standard in the area.’’ The court such as these, CAA section 189(e) ensure that there is no other collection
reasoned that the EPA’s approach to provided a possible exception to the of available control measures that if
precursors in the 2007 PM2.5 requirement to control all PM10 adopted would advance the attainment
Implementation Rule and 2008 PM precursors from major sources in a date by at least 1 year.45Section IV.D of
2.5
NSR Rule had the effect of reversing the particular nonattainment area. this preamble provides additional
Consistent with past practice for
presumption embodied within subpart 4 discussion on the development of
implementation of the PM NAAQS,
that a state should address all PM 10 emissions inventories and the
10
the EPA proposed to interpret the
precursors unless the state has made a identification, adoption and
control requirements addressed by CAA
specific showing why regulation of a implementation of reasonably available
section 189(e) to include RACM/RACT
particular precursor is not necessary. control measures for PM2.5
(and additional reasonable measures) for
Subpart 4 of part D of the CAA. The nonattainment areas, including a
Moderate nonattainment areas, BACM/
provisions of subpart 4 (CAA sections discussion particular to wildfire and
BACT (and additional feasible
188–190) do not define the term wildland prescribed fire found in
measures) for Serious nonattainment
‘‘precursor’’ for purposes of PM10, nor Section IV.D.3.b.46
areas, most stringent measures (MSM)
do they explicitly require the control of
(for Serious areas as applicable) and
any specifically identified PM 43See CAA requirements for states to demonstrate
precursor. However, the statutory NNSR on all major sources of precursors attainment ‘‘as expeditiously as practicable’’ (CAA
in the nonattainment areas. The General section 188(c)(1); CAA section 172(a)(2)).
definition of ‘‘air pollutant’’ provides
Preamble indicates that consideration of 4457 FR 13498 (April 16, 1992).
that the term ‘‘includes any precursors
to the formation of any air pollutant, to pprlaencus,r saonrds iits rneeccoegsnsiazreys ftohre a stptaeicnimfice nt co4n5cIlnu dtheed cthonatt e‘‘xatd ovfa tnhcee mPMen10t oNfA thAeQ aStt, atihnem EePnAt has
the extent the Administrator has date’’ should mean an advancement of at least 1
applicability of CAA section 189(e) to
identified such precursor or precursors calendar year. See State Implementation Plans;
both existing and new major stationary General Preamble for the Implementation of Title I
for the particular purpose for which the
sources, including new and modified of the CAA Amendments of 1990, 57 FR 13498
term ‘air pollutant’ is used.’’ See CAA sources subject to NNSR permitting (April 16, 1992). See also Sierra Club v. EPA, 294
section 302(g). The EPA has determined F.3d 155 (D.C. Cir. 2002).
requirements. Even though CAA section
that SO , NO , VOC and ammonia are 46See Section IV of this preamble for a thorough
factual a2nd scXientific precursors to PM 189(e) only explicitly contemplates discussion of past policy and guidance on
exceptions to control requirements for reasonably available control measures (RACM) and
and, thus, the attainment plan
PM precursors from major stationary reasonably available control technology (RACT).
RULES2 rtoeq eumiriesmsioennsts o of fd siurebcpta PrtM 42 .a5papnldy tehqeusael ly sou2r.c5es in nonattainment areas, the EPA Sfiencatli opno lIiVcy o tfh tahti su pnrdeearm subblep darist c4u, sfsoers M thoed EerPaAte’ sa reas
D with precursors in PM2.5nonattainment 42The EPA notes that it previously had addressed tahttaati ndmemenont dstartaet ei st himatp artatacitnicmabelnet, bRyA tChMe s atantdu tRoAryC T
RO the requirements of subpart 4 for precursors, would constitute all those technologically and
T082P 204103N).R DC v. EPA, 706 F.3d 428, 437, n.7 (D.C. Cir. sopf eCcAifAic aslelcyt iwonit h1i8n9 t(he)e, cino nthteex Gt eonf ethrael rPerqeuaimrebmlee.n Stse e esocounrcoems iicna tlhlye faeraesai btlhea mt ceaans ubree sim avpaleilmabelnet efodr within
G9 41NRDC v. EPA, 706 F.3d 428, 437, n.10 (D.C. Cir. the Federal Register published on April 16, 1992 4 years of designation, but they would not
SK3 2013). (57 FR 13498, 13539, 13541 and 13542). constitute the complete set of measures required to
D
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