[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR58.14]
[Page 225-226]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 58_AMBIENT AIR QUALITY SURVEILLANCE--Table of Contents
Subpart B_Monitoring Network
Sec. 58.14 System modification.
(a) The State, or where appropriate local, agency shall develop and
implement a plan and schedule to modify the ambient air quality
monitoring network that complies with the findings of the network
assessments required every 5 years by Sec. 58.10(e). The State or local
agency shall consult with the EPA Regional Administrator during the
development of the schedule to modify the monitoring program, and shall
make the plan and schedule available to the public for 30 days prior to
submission to the EPA Regional Administrator. The final plan and
schedule with respect to the SLAMS network are subject to the approval
of the EPA Regional Administrator. Plans containing modifications to
NCore Stations or PAMS Stations shall be submitted to the Administrator.
The Regional Administrator shall provide opportunity for public comment
and shall approve or disapprove submitted plans and schedules within 120
days.
(b) Nothing in this section shall preclude the State, or where
appropriate local, agency from making modifications to the SLAMS network
for reasons other than those resulting from the periodic network
assessments. These modifications must be reviewed and approved by the
Regional Administrator. Each monitoring network may make or be required
to make changes between the 5-year assessment periods, including for
example, site relocations or the addition of PAMS networks in bumped-up
ozone nonattainment areas. These modifications must address changes
invoked by a new census and changes due to changing air quality levels.
The State, or where appropriate local, agency shall provide written
communication describing the network changes to the Regional
Administrator for review and approval as these changes are identified.
(c) State, or where appropriate, local agency requests for SLAMS
monitor station discontinuation, subject to the review of the Regional
Administrator, will be approved if any of the following criteria are met
and if the requirements of appendix D to this part, if any, continue to
be met. Other requests for discontinuation may also be approved on a
case-by-case basis if discontinuance does not compromise data collection
needed for implementation of a NAAQS and if the requirements of appendix
D to this part, if any, continue to be met.
(1) Any PM2.5, O3, CO, PM10,
SO2, Pb, or NO2 SLAMS monitor which has shown
attainment during the previous five years, that has a probability of
less than 10 percent of exceeding 80 percent of the applicable NAAQS
during the next three years based on the levels, trends, and variability
observed in the past, and which is not specifically required by an
attainment plan or maintenance plan. In a nonattainment or maintenance
area, if the most recent attainment or maintenance plan adopted by the
State and approved by EPA contains a contingency measure to be triggered
by an air quality concentration and the monitor to be discontinued is
the only SLAMS monitor operating in the nonattainment or maintenance
area, the monitor may not be discontinued.
(2) Any SLAMS monitor for CO, PM10, SO2, or
NO2 which has consistently measured lower concentrations than
another monitor for the same pollutant in the same county (or portion of
a county within a distinct attainment area, nonattainment area, or
maintenance area, as applicable) during the previous five years, and
which is not specifically required by an attainment plan or maintenance
plan, if control measures scheduled to be implemented or discontinued
during the next five years would apply to the areas around both monitors
and have similar effects on measured concentrations, such that the
retained monitor would remain the higher reading of the two monitors
being compared.
(3) For any pollutant, any SLAMS monitor in a county (or portion of
a county within a distinct attainment, nonattainment, or maintenance
area, as applicable) provided the monitor has not measured violations of
the applicable NAAQS in the previous five years, and the approved SIP
provides for a specific, reproducible approach to representing the air
quality of the affected county in the absence of actual monitoring data.
[[Page 226]]
(4) A PM2.5 SLAMS monitor which EPA has determined cannot
be compared to the relevant NAAQS because of the siting of the monitor,
in accordance with Sec. 58.30.
(5) A SLAMS monitor that is designed to measure concentrations
upwind of an urban area for purposes of characterizing transport into
the area and that has not recorded violations of the relevant NAAQS in
the previous five years, if discontinuation of the monitor is tied to
start-up of another station also characterizing transport.
(6) A SLAMS monitor not eligible for removal under any of the
criteria in paragraphs (c)(1) through (c)(5) of this section may be
moved to a nearby location with the same scale of representation if
logistical problems beyond the State's control make it impossible to
continue operation at its current site.