Environmental Protection Agency

1 Tuesday, June 22, 2010 Part II Environmental Protection Agency 40 CFR Parts 50, 53, and 58 Primary National ambient Air quality Standard for Sulfur Dioxide; Final Rule VerDate Mar<15>2010 16:20 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\ 22 JNR2srobinson on DSKHWCL6B1 PROD with RULES235520 Federal Register/ Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations Environmental Protection Agency 40 CFR Parts 50, 53, and 58 [EPA HQ OAR 2007 0352; 9160 4] RIN 2060 A048 Primary National ambient Air quality Standard for Sulfur Dioxide Agency : Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: Based on its review of the air quality criteria for oxides of sulfur and the primary national ambient air quality standard (NAAQS) for oxides of sulfur as measured by sulfur dioxide (SO2), EPA is revising the primary SO2 NAAQS to provide requisite Protection of public health with an adequate margin of safety.

2 Specifically, EPA is establishing a new 1-hour SO2standard at a level of 75 parts per billion (ppb), based on the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. The EPA is also revoking both the existing 24-hour and annual primary SO2standards. DATES: This final rule is effective on August 23, 2010. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA HQ OAR 2007 0352. All documents in the docket are listed on the Web site. Although listed in the index, some information is not publicly available, , confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http:// or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave.

3 , NW., Washington, DC. The Public Reading Room is open from 8:30 to 4:30 , Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566 1744 and the telephone number for the Air and Radiation Docket and Information Center is (202) 566 1742. FOR FURTHER INFORMATION CONTACT: Dr. Michael J. Stewart, Health and Environmental Impacts Division, Office of Air quality Planning and standards , Environmental Protection Agency , Mail code C504 06, Research Triangle Park, NC 27711; telephone: 919 541 7524; fax: 919 541 0237; e-mail: SUPPLEMENTARY INFORMATION: Table of Contents The following topics are discussed in this preamble: I. Background A. Summary of Revisions to the SO2 Primary NAAQS B. Statutory Requirements C. Related SO2 Control Programs D. History of Reviews of the Primary NAAQS for Sulfur Oxides E. Summary of Proposed Revisions to the SO2 Primary NAAQS F. Organization and Approach to Final SO2 Primary NAAQS Decisions II.

4 Rationale for Decisions on the Primary standards A. Characterization of SO2 Air quality 1. Anthropogenic Sources and Current Patterns of SO2 Air quality 2. SO2 Monitoring B. Health Effects Information 1. Short-Term (5-Minute to 24-Hour) SO2 Exposure and Respiratory Morbidity Effects a. Adversity of Short-Term Respiratory Morbidity Effects 2. Health Effects and Long-Term Exposures to SO2 3. SO2-Related Impacts on Public Health C. Human Exposure and Health Risk Characterization D. Approach for Determining Whether To Retain or Revise the Current standards E. Adequacy of the Current standards 1. Rationale for Proposed Decision 2. Comments on the Adequacy of the Current standards a. Comments on EPA s Interpretation of the Epidemiologic Evidence b. Comments on EPA s Interpretation of the Controlled Human Exposure Evidence c. Comments on EPA s Characterization of SO2-Associated Exposures and Health Risks 3. Conclusions Regarding the Adequacy of the Current 24-Hour and Annual standards F.

5 Conclusions on the Elements of a New Short-Term Standard 1. Indicator a. Rationale for Proposed Decision b. Comments on Indicator c. Conclusions on Indicator 2. Averaging Time a. Rationale for Proposed Decision b. Comments on Averaging Time c. Conclusions on Averaging Time 3. Form a. Rationale for Proposed Decision b. Comments on Form c. Conclusions on Form 4. Level a. Rationale for Proposed Decision b. Comments on Level c. Conclusions on Level 5. Retaining or Revoking the Current 24- Hour and Annual standards a. Rationale for Proposed Decision b. Comments on Retaining or Revoking the Current 24-Hour and Annual standards c. Conclusions on Retaining or Revoking the Current 24-Hour and Annual standards G. Summary of Decisions on Primary standards III. Overview of the Approach for Monitoring and Implementation IV. Amendments to ambient Monitoring and Reporting Requirements A. Monitoring Methods 1. Requirements for SO2 Federal Reference Method (FRM) a. Proposed Ultraviolet Fluorescence SO2 FRM and Implementation b.

6 Public Comments c. Conclusions on Ultraviolet Fluorescence SO2 FRM and Implementation 2. Requirements for Automated SO2 Methods a. Proposed Performance Specifications for Automated Methods b. Public Comments c. Conclusions for Performance Specifications for SO2 Automated Methods B. Network Design 1. Approach for Network Design a. Proposed Approach for Network Design b. Alternative Network Design c. Public Comments 2. Modeling ambient SO2 Concentrations 3. Monitoring Objectives a. Proposed Monitoring Objectives b. Public Comments c. Conclusions on Monitoring Objectives 4. Final Monitoring Network Design 5. Population Weighted Emissions Index a. Proposed Use of the Population Weighted Emissions Index b. Public Comments c. Conclusions on the Use of the Population Weighted Emissions Index 6. Regional Administrator Authority a. Proposed Regional Administrator Authority b. Public Comments c. Conclusions on Regional Administrator Authority 7. Monitoring Network Implementation a.

7 Proposed Monitoring Network Implementation b. Public Comments c. Conclusions on Monitoring Network Implementation C. Data Reporting 1. Proposed Data Reporting 2. Public Comments 3. Conclusions on Data Reporting V. Initial Designation of Areas for the 1-Hour SO2 NAAQS A. Clean Air Act Requirements 1. Approach Described in Proposal 2. Public Comments B. Expected Designations Process VI. Clean Air Act Implementation Requirements A. How This Rule Applies to Tribes B. Nonattainment Area Attainment Dates 1. Attaining the NAAQS 2. Consequences of a Nonattainment Area Failing To Attain by the Statutory Attainment Date C. Section 110(a)(1) and (2) NAAQS Maintenance/Infrastructure Requirements 1. Section 110(a)(1) (2) Submission VerDate Mar<15>2010 16:20 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\ 22 JNR2srobinson on DSKHWCL6B1 PROD with RULES235521 Federal Register/ Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations 1 The legislative history of section 109 indicates that a primary standard is to be set at the maximum permissible ambient air level * * * which will protect the health of any [sensitive] group of the population, and that for this purpose reference should be made to a representative sample of persons comprising the sensitive group rather than to a single person in such a group.

8 S. Rep. No. 91 1196, 91st Cong., 2d Sess. 10 (1970). See also American Lung Ass n v. EPA, 134 F. 3d 388, 389 (DC Cir. 1998) ( NAAQS must protect not only average healthy individuals, but also sensitive citizens children, for example, or people with asthma, emphysema, or other conditions rendering them particularly vulnerable to air pollution. If a pollutant adversely affects the health of these sensitive individuals, EPA must strengthen the entire national standard. ); Coalition of Battery Recyclers Ass n v. EPA, No. 09 1011 (DC Cir. May 14, 2010) slip op. at 7 (same). 2 EPA is currently conducting a separate review of the secondary SO2 NAAQS jointly with a review of the secondary NO2 NAAQS (see http:// for more information). D. Attainment Planning Requirements 1. SO2 Nonattainment Area SIP Requirements 2. New Source Review and Prevention of Significant Deterioration Requirements 3. General Conformity E. Transition From the Existing SO2 NAAQS to a Revised SO2 NAAQS VII.

9 Appendix T Interpretation of the Primary NAAQS for Oxides of Sulfur and Revisions to the Exceptional Events Rule A. Interpretation of the NAAQS for Oxides of Sulfur 1. Proposed Interpretation of the Standard 2. Comments on Interpretation of the Standard 3. Conclusions on Interpretation of the Standard B. Exceptional Events Information Submission Schedule VIII. Communication of Public Health Information IX. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health & Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations References I.

10 Background A. Summary of Revisions to the SO2 Primary NAAQS Based on its review of the air quality criteria for oxides of sulfur and the primary national ambient air quality standard (NAAQS) for oxides of sulfur as measured by sulfur dioxide (SO2), EPA is making revisions to the primary SO2 NAAQS so the standards are requisite to protect public health with an adequate margin of safety, as appropriate under section 109 of the Clean Air Act (Act or CAA). Specifically, EPA is replacing the current 24-hour and annual standards with a new short-term standard based on the 3-year average of the 99th percentile of the yearly distribution of 1-hour daily maximum SO2 concentrations. EPA is setting the level of this new standard at 75 ppb. EPA is adding data handling conventions for SO2by adding provisions for this new 1-hour primary standard. EPA is also establishing requirements for an SO2 monitoring network. These new provisions require monitors in areas where there is an increased coincidence of population and SO2emissions.