16184 Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Rules and Regulations 

the foreign application was filed in an 

application subsequently filed in a 

participating foreign intellectual 

property office that permits the Office to 

obtain such a copy. The request must 

identify the participating intellectual 

property office and the subsequent 

application by the application number, 

day, month, and year of its filing in 

which a copy of the foreign application 

was filed. The request must be filed 

within the later of sixteen months from 

the filing date of the prior foreign 

application or four months from the 

actual filing date of an application 

under 35 U.S.C. 111(a), within four 

months from the later of the date of 

commencement (§ 1.491(a)) or the date 

of the initial submission under 35 

U.S.C. 371 in an application entering 

the national stage under 35 U.S.C. 371, 

or with a petition under paragraph (e) of 

this section. 

(i) Interim copy. The requirement in 

paragraph (f) of this section for a 

certified copy of the foreign application 

to be filed within the time limit set forth 

therein will be considered satisfied if: 

(1) A copy of the original foreign 

application clearly labeled as ‘‘Interim 

Copy,’’ including the specification, and 

any drawings or claims upon which it 

is based, is filed in the Office together 

with a separate cover sheet identifying 

the foreign application by specifying the 

application number, country (or 

intellectual property authority), day, 

month, and year of its filing, and stating 

that the copy filed in the Office is a true 

copy of the original application as filed 

in the foreign country (or intellectual 

property authority); 

(2) The copy of the foreign application 

and separate cover sheet is filed within 

the later of sixteen months from the 

filing date of the prior foreign 

application or four months from the 

actual filing date of an application 

under 35 U.S.C. 111(a), or with a 

petition under paragraph (e) of this 

section; and 

(3) A certified copy of the foreign 

application is filed within the period 

specified in paragraph (g)(1) of this 

section. 

(j) Requirements for certain 

applications filed on or after March 16, 

2013. If a nonprovisional application 

filed on or after March 16, 2013, claims 

priority to a foreign application filed 

prior to March 16, 2013, and also 

contains, or contained at any time, a 

claim to a claimed invention that has an 

effective filing date on or after March 

16, 2013, the applicant must provide a 

statement to that effect within the later 

of four months from the actual filing 

date of the nonprovisional application, 

four months from the date of entry into 

the national stage as set forth in § 1.491 

in an international application, sixteen 

months from the filing date of the priorfiled foreign application, or the date that 

a first claim to a claimed invention that 

has an effective filing date on or after 

March 16, 2013, is presented in the 

nonprovisional application. An 

applicant is not required to provide 

such a statement if the applicant 

reasonably believes on the basis of 

information already known to the 

individuals designated in § 1.56(c) that 

the nonprovisional application does not, 

and did not at any time, contain a claim 

to a claimed invention that has an 

effective filing date on or after March 

16, 2013. 

(k) Inventor’s certificates. An 

applicant in a nonprovisional 

application may under certain 

circumstances claim priority on the 

basis of one or more applications for an 

inventor’s certificate in a country 

granting both inventor’s certificates and 

patents. To claim the right of priority on 

the basis of an application for an 

inventor’s certificate in such a country 

under 35 U.S.C. 119(d), the applicant 

when submitting a claim for such right 

as specified in this section, must 

include an affidavit or declaration. The 

affidavit or declaration must include a 

specific statement that, upon an 

investigation, he or she is satisfied that 

to the best of his or her knowledge, the 

applicant, when filing the application 

for the inventor’s certificate, had the 

option to file an application for either a 

patent or an inventor’s certificate as to 

the subject matter of the identified claim 

or claims forming the basis for the claim 

of priority. 

(l) Time periods not extendable. The 

time periods set forth in this section are 

not extendable. 

Dated: March 7, 2013. 

Teresa Stanek Rea, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. 2013–05815 Filed 3–13–13; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 58 

[EPA–HQ–OAR–2012–0486, FRL–9789–2] 

RIN 2060–AR59 

Revision to Ambient Nitrogen Dioxide 

Monitoring Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is finalizing 

revisions to the deadlines established in 

the national ambient air quality 

standard (NAAQS) for nitrogen dioxide 

(NO2) for the near-road component of 

the NO2 monitoring network in order to 

implement a phased deployment 

approach. This approach will create a 

series of deadlines that will make the 

near-road NO2 network operational 

between January 1, 2014, and January 1, 

2017. The EPA is also finalizing 

revisions to the approval authority for 

annual monitoring network plans for 

NO2 monitoring. 

DATES: This final rule is effective March 

14, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2012–0486. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Revision to Ambient Nitrogen 

Dioxide Monitoring Requirements 

Docket, Docket ID No. EPA–HQ–OAR– 

2012–0486, EPA Docket Center, 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m. Monday through 

Friday excluding legal holidays. The 

docket telephone number is (202) 566– 

1742. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nealson Watkins, Air Quality 

Assessment Division, Office of Air 

Quality Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

code C304–06, Research Triangle Park, 

NC 27711; telephone: (919) 541–5522; 

fax: (919) 541–1903; email: 

watkins.nealson@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

The following topics are discussed in 

this preamble: 

I. Background 

II. Changes to the Ambient NO2 Monitoring 

Requirements 


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1See 40 CFR part 58, Appendix D, section 4.3.2. 

2See 40 CFR part 58, Appendix D, section 4.3.3. 

3See 40 CFR part 58, Appendix D, section 4.3.4. 

A. Near-Road NO2 Monitoring Network 

Implementation 

1. Proposed Changes 

2. Public Comments 

3. Conclusions on Near-Road NO2

Monitoring Network Implementation 

B. Change in Annual Monitoring Network 

Plan Approval Authority 

1. Proposed Change 

2. Public Comments 

3. Conclusions on Annual Monitoring 

Network Plan Approval Authority 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations and 

Regulatory 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 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations 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 

K. Congressional Review Act 

I. Background 

On February 9, 2010, the EPA 

promulgated minimum monitoring 

requirements for the NO2 monitoring 

network in support of the revised NO2

NAAQS (75 FR 6474). The NO2 NAAQS 

was revised to include a 1-hour 

standard with a 98th percentile form 

averaged over three years and a level of 

100 parts per billion (ppb), reflecting the 

maximum allowable NO2 concentration 

anywhere in an area, while retaining the 

annual standard of 53 ppb. 

As part of the NAAQS rulemaking, 

the EPA promulgated revisions to 

requirements for minimum numbers of 

ambient NO2 monitors that included 

new monitoring near major roads in 

larger urban areas. In addition, those 

monitoring revisions included 

requirements to characterize NO2

concentrations representative of wider 

spatial scales in larger urban areas (areawide monitors), and monitors intended 

to characterize NO2 exposures of 

susceptible and vulnerable populations. 

Specifically, the requirements for these 

minimum monitoring requirements are 

as follows: 

The first tier of the ambient NO2

monitoring network requires near-road 

monitoring.1 There must be one 

microscale near-road NO2 monitoring 

station in each Core Based Statistical 

Area (CBSA) with a population of 

500,000 or more persons to monitor a 

location of expected maximum hourly 

concentrations sited near a major road. 

An additional near-road NO2 monitoring 

station is required at a second location 

of expected maximum hourly 

concentrations for any CBSA with a 

population of 2,500,000 or more 

persons, or in any CBSA with a 

population of 500,000 or more persons 

that has one or more roadway segments 

with 250,000 or greater Annual Average 

Daily Traffic (AADT). Based upon 2010 

census data and data maintained by the 

U.S. Department of Transportation 

Federal Highway Administration on the 

most heavily trafficked roads in the U.S. 

(http://www.fhwa.dot.gov/ 

policyinformation/tables/02.cfm), 

approximately 126 near-road NO2 sites 

are required within 103 CBSAs 

nationwide. 

The second tier of the NO2 minimum 

monitoring requirements is for areawide NO2 monitoring.2 There must be 

one monitoring station in each CBSA 

with a population of 1,000,000 or more 

persons to monitor a location of 

expected highest NO2 concentrations 

representing the neighborhood or larger 

spatial scales. These NO2 monitors are 

referred to as area-wide monitors. Based 

on 2010 census data, approximately 52 

area-wide NO2 sites are required within 

52 CBSAs. 

The third tier of the NO2 minimum 

monitoring requirements is for the 

characterization of NO2 exposure for 

susceptible and vulnerable 

populations.3 The EPA Regional 

Administrators, in collaboration with 

states, must identify a minimum of 40 

additional NO2 monitoring stations 

nationwide, in addition to the above 

minimum monitoring requirements for 

near-road and area-wide monitors, 

primarily focusing on siting these 

monitors in locations to protect 

susceptible and vulnerable populations. 

The 2010 NO2 NAAQS revision 

required states to submit a plan for 

establishing all required NO2

monitoring sites to the EPA 

Administrator by July 1, 2012. The rule 

also required all required monitoring 

stations to be operational by January 1, 

2013. 

II. Changes to the Ambient NO2

Monitoring Requirements 

This rulemaking will result in the 

following actions: (1) A change to the 

dates by which required near-road NO2

monitors will need to be identified in 

state Annual Monitoring Network Plans; 

(2) a change to the dates by which 

required near-road NO2 monitors shall 

be operational; and (3) a shift in the 

authority to approve NO2 monitoring 

plans from the EPA Administrator to the 

EPA Regional Administrators. 

A. Near-Road NO2 Monitoring Network 

Implementation 

We are finalizing a phased 

implementation approach, as proposed 

(77 FR 64244), to allow more time for 

states to establish the required near-road 

NO2 monitors on a schedule consistent 

with available resources. No changes are 

being made with regard to the 

implementation timing requirements for 

area-wide monitoring and for 

monitoring to characterize NO2

exposures for susceptible and 

vulnerable populations. 

1. Proposed Changes 

In consideration of the limited 

availability of state and federal 

resources to implement all required 

near-road NO2 sites by 2013, the EPA 

proposed to change the dates by which 

required near-road NO2 monitors are to 

be identified in annual monitoring 

network plans and physically 

established. The EPA proposed a phased 

implementation approach, where 

subsets of the required near-road NO2

monitors will be funded and become 

operational over the course of multiple 

years. Although the requirement to 

install these monitors is not dependent 

on the availability of federal funds, the 

EPA believes that it will be able to 

identify sufficient grant funding over 

time to support this phase-in approach, 

which would allow states to ultimately 

complete the near-road network with 

federally supplied funds. 

The EPA proposed the phased 

implementation for near-road NO2

monitors as follows: 

(a) For each CBSA with population of 

1,000,000 or more persons, one nearroad monitor shall be reflected in the 

state Annual Monitoring Network Plan 

submitted July 1, 2013, and that monitor 

shall be operational by January 1, 2014. 

(b) For each CBSA that is required to 

have two near-road monitors (either 

because the CBSA has a population of 

2,500,000 or more persons or any CBSA 

with a population of 500,000 or more 

persons that has one or more roadway 

segments with 250,000 or greater AADT 

counts), the second near-road monitor 

shall be reflected in the state Annual 

Monitoring Network Plan submitted 

July 1, 2014, and that monitor shall be 

operational by January 1, 2015. 


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(c) For each CBSA having a 

population of at least 500,000 or more 

persons (but less than 1,000,000), one 

near-road NO2 monitor shall be reflected 

in the state Annual Monitoring Plan 

submitted July 1, 2016, and the monitor 

shall be operational by January 1, 2017. 

2. Public Comments 

The EPA received comments from six 

states and multi-state representative 

groups and one citizen supporting the 

proposed revisions to the schedule for 

implementing near-road NO2 monitors. 

For example, the Northeast States for 

Coordinated Air Use Management 

(NESCAUM) stated it supports ‘‘* * * 

the proposed changes to the NO2 nearroad monitoring network deployment 

schedule. The proposed phase-in and 

additional time is consistent with what 

the Clean Air Scientific Advisory 

Committee’s (CASAC’s) Ambient Air 

Monitoring and Methods Subcommittee 

recommended to EPA * * *.’’ The 

National Association of Clean Air 

Agencies (NACAA) stated that it ‘‘* * * 

supports the Proposed Revision and 

commends EPA for responding to the 

recommendations of state and local 

agencies to implement a phased 

approach to deployment of the NO2

near-roadway network via rulemaking.’’ 

The EPA received one comment from 

a public citizen against the proposed 

revisions to the implementation 

schedule. The citizen commenter who 

objected to the proposed revision stated 

that the proposed action would lead to 

a trend in which the EPA will ‘‘* * * 

continuously revise the deadline, as 

there will always be funding issues in 

our current economy.’’ The commenter 

goes on to note that postponing network 

deployment may also be misinterpreted 

to mean the agency is minimizing the 

priority for near-road NO2 monitoring. 

In response, the EPA notes that there 

will always be a need to balance 

monitoring objectives and requirements 

with available resources. Currently, 

there is a greater strain on federal, state, 

and local air monitoring resources than 

there has been during the recent past. 

This fact is articulated by multiple 

states and multi-state groups in their 

public comments on the proposed 

rulemaking, all of whom support the 

proposed revisions. For example, 

NACAA, which represents air pollution 

control agencies in 43 states, the District 

of Columbia, four territories, and 116 

metropolitan areas, commented that 

‘‘* * * state and local agencies need 

additional, adequate federal funding in 

order to move forward with new 

monitoring requirements and continue 

to operate and maintain existing 

monitoring networks * * *’’. NACAA 

goes on to state that installing and 

operating a new network such as the 

near-road NO2 network ‘‘* * * requires 

the purchase of new equipment; 

installation of new sites; and additional 

staff, operation, and maintenance costs 

at a time when state and local agencies 

are already struggling with significant 

budget and staffing shortfalls.’’ 

The EPA has recognized the reality of 

state and local air agency funding and 

resource shortfalls. The EPA remains 

committed to near-road monitoring, but 

recognizes that the shift to near-road 

monitoring involves increased work and 

resource demands for site selection and 

implementation. The agency believes 

that the phased approach is the best 

solution to match the forecasted 

availability of federal funding, which 

will have to occur over multiple years, 

to allow the implementation of the 

required near-road NO2 network. 

However, as noted above, while the EPA 

is considering the availability of 

resources in establishing these 

schedules, these monitoring 

requirements are not contingent on the 

future availability of federal resources. 

3. Conclusions on Near-Road NO2

Monitoring Network Implementation 

The EPA has concluded, upon 

consideration of public comments, that 

the revisions to the dates that states 

must submit a plan for establishing all 

required near-road NO2 monitors sites to 

the EPA and the dates by which those 

required near-road NO2 monitors must 

be operational will be finalized as 

proposed. As such, near-road NO2

monitors shall be established as follows: 

(a) In each CBSA having 1,000,000 or 

more persons, one near-road NO2

monitor shall be reflected in the state 

Annual Monitoring Network Plan 

submitted July 1, 2013, and that monitor 

shall be operational by January 1, 2014. 

(b) In each CBSA required to have two 

near-road NO2 monitors (i.e., any CBSA 

with a population of 2,500,000 or more 

persons, or any CBSA with a population 

of 500,000 or more persons that has one 

or more roadway segments with 250,000 

or greater AADT counts), a second nearroad NO2 monitor shall be reflected in 

the state Annual Monitoring Network 

Plan submitted July 1, 2014, and that 

monitor shall be operational by January 

1, 2015. 

(c) In each CBSA having 500,000 or 

more persons (but less than 1,000,000), 

one near-road NO2 monitor shall be 

reflected in the state Annual Monitoring 

Plan submitted July 1, 2016, and that 

monitor shall be operational by January 

1, 2017. 

The EPA estimates, under these new 

revisions, that 52 near-road NO2

monitors would be operational by 

January 1, 2014, in CBSAs having 

1,000,000 or more persons; an estimated 

23 additional near-road NO2 monitors 

would be operational by January 1, 

2015, in any CBSA having 2,500,000 or 

more persons, or in those CBSAs with 

a population of 500,000 or more persons 

that has one or more roadway segments 

with 250,000 or greater AADT counts; 

and an estimated 51 additional nearroad NO2 sites would be operational by 

January 1, 2017, in those CBSAs having 

a population between 500,000 and 

1,000,000 persons. 

No changes are being made with 

regard to the implementation timing 

requirements for area-wide monitoring 

and for monitoring to characterize NO2

exposures for susceptible and 

vulnerable populations. 

B. Change in Annual Monitoring 

Network Plan Approval Authority 

We are finalizing revisions to 

regulatory language, as proposed (77 FR 

64244), so that state and local air 

monitoring agencies shall submit annual 

NO2 monitoring network plans to the 

EPA Regional Administrators for 

approval. 

1. Proposed Change 

The EPA proposed to amend the 

regulatory text in 40 CFR 58.10(a)(5) so 

that state and local air monitoring 

agencies are required to submit their 

NO2 monitoring network plans to their 

respective EPA Regional Administrator 

instead of the EPA Administrator for 

approval. This change would make the 

NO2 monitoring network plan 

submittals consistent with the 

requirements for submittal of Annual 

Monitoring Network Plans for ozone, 

carbon monoxide, sulfur dioxide, 

particulate matter, and lead to EPA 

Regional Administrators. 

2. Public Comments 

The EPA received comments from five 

state and multi-state representative 

groups and one citizen supporting the 

proposed revisions to shift the approval 

authority of state Annual Monitoring 

Network Plans from the EPA 

Administrator to the EPA Regional 

Administrators. For example, the 

Wisconsin Department of Natural 

Resources supported this revision as 

this change will allow ‘‘* * * for NO2

monitoring network plans to be 

incorporated into Annual Network 

Plans reducing the time and resources 

required to prepare these plans 

[independent of other pollutant plans].’’ 

The EPA did not receive any comments 

against the proposed changes to NO2


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monitoring network plan approval 

authority. 

3. Conclusions on Annual Monitoring 

Network Plan Approval Authority 

The EPA has concluded, upon 

consideration of public comments, that 

the revisions to the regulatory language 

in 40 CFR 58.10(a)(5) shall be finalized 

as they were proposed. As such, states 

shall submit Annual Monitoring 

Network Plans for NO2 monitoring to 

the EPA Regional Administrators for 

approval. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is, therefore, not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). The 

proposed amendments to revise ambient 

NO2 monitoring requirements do not 

add any information collection 

requirements beyond those imposed by 

the existing NO2 monitoring 

requirements. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as (1) a small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action will allow additional time 

for state and local air monitoring 

agencies to install and begin operating 

a subset of required NO2 monitors and 

does not add any new requirements. 

Therefore, it will not present a 

significant economic impact on small 

entities. 

D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for state, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

This action will allow additional time 

for state and local air monitoring 

agencies to install and begin operating 

a subset of required NO2 monitors and 

does not add any new requirements. 

This action imposes no new enforceable 

duty on any state, local or tribal 

governments or the private sector. 

Furthermore, the expected costs 

associated with the monitoring 

requirements are not expected to exceed 

$100 million in the aggregate for any 

year. 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 of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments because it imposes no 

enforceable duty on any small 

governments. 

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. This action will 

allow additional time for state and local 

air monitoring agencies to install and 

begin operating a subset of required NO2

monitors and does not add any new 

requirements. Thus, Executive Order 

13132 does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This final rule imposes no 

requirements on tribal governments. 

This action will allow additional time 

for state and local air monitoring 

agencies to install and begin operating 

a subset of required NO2 monitors and 

does not add any new requirements. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

or alter an environmental standard 

intended to mitigate health or safety 

risks, but merely allows additional time 

for state and local air monitoring 

agencies to install and begin operating 

a subset of required NO2 monitors. 

H. Executive Order 13211: Actions 

Concerning Regulations 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. 

This action will allow additional time 

for state and local air monitoring 

agencies to install and begin operating 

a subset of required NO2 monitors and 

does not add any new requirements. 

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 (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. 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 does not 

involve technical standards. Therefore, 

this action is not subject to the NTTAA. 


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J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 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 has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This rule will allow 

additional time for state and local air 

monitoring agencies to install and begin 

operating a subset of required NO2

monitors and does not add any new 

requirements or change any existing 

emission or ambient concentration 

standards. 

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 not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). This rule will be effective March 

14, 2013. 

List of Subjects in 40 CFR Part 58 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations. 

Dated: March 7, 2013. 

Bob Perciasepe, 

Acting Administrator. 

For the reasons discussed in the 

preamble, the EPA amends 40 CFR part 

58 to read as follows: 

PART 58—AMBIENT AIR QUALITY 

SURVEILLANCE 

■ 1. The authority citation for part 58 

continues to read as follows: 

Authority: 42 U.S.C. 7403, 7410, 7601(a), 

7611, and 7619. 

Subpart B [AMENDED] 

■ 2. Section 58.10 is amended by 

revising paragraph (a)(5) and paragraph 

(b)(12) to read as follows: 

§ 58.10 Annual monitoring network plan 

and periodic network assessment. 

* * * * * 

(a) * * * 

(5)(i) A plan for establishing or 

identifying an area-wide NO2 monitor, 

in accordance with the requirements of 

Appendix D, section 4.3.3 to this part, 

shall be submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2012. 

The plan shall provide for these 

required monitors to be operational by 

January 1, 2013. 

(ii) A plan for establishing or 

identifying any NO2 monitor intended 

to characterize vulnerable and 

susceptible populations, as required in 

Appendix D, section 4.3.4 to this part, 

shall be submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2012. 

The plan shall provide for these 

required monitors to be operational by 

January 1, 2013. 

(iii) A plan for establishing a single 

near-road NO2 monitor in CBSAs having 

1,000,000 or more persons, in 

accordance with the requirements of 

Appendix D, section 4.3.2 to this part, 

shall be submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2013. 

The plan shall provide for these 

required monitors to be operational by 

January 1, 2014. 

(iv) A plan for establishing a second 

near-road NO2 monitor in any CBSA 

with a population of 2,500,000 or more 

persons, or a second monitor in any 

CBSA with a population of 500,000 or 

more persons that has one or more 

roadway segments with 250,000 or 

greater AADT counts, in accordance 

with the requirements of Appendix D, 

section 4.3.2 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 monitors to be operational by 

January 1, 2015. 

(v) A plan for establishing a single 

near-road NO2 monitor in all CBSAs 

having 500,000 or more persons, but 

less than 1,000,000, not already required 

by paragraph (a)(5)(iv) of this section, in 

accordance with the requirements of 

Appendix D, section 4.3.2 to this part, 

shall be submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2016. 

The plan shall provide for these 

monitors to be operational by January 1, 

2017. 

* * * * * 

(b) * * * 

(12) The identification of required 

NO2 monitors as near-road, area-wide, 

or vulnerable and susceptible 

population monitors in accordance with 

Appendix D, section 4.3 of this part. 

* * * * * 

■ 3. Section 58.13 is amended by 

revising paragraph (c) to read as follows: 

§ 58.13 Monitoring network completion. 

* * * * * 

(c) The NO2 monitors required under 

Appendix D, section 4.3 of this part 

must be physically established and 

operating under all of the requirements 

of this part, including the requirements 

of appendices A, C, D, and E to this part, 

no later than: 

(1) January 1, 2013, for area-wide NO2

monitors required in Appendix D, 

section 4.3.3; 

(2) January 1, 2013, for NO2 monitors 

intended to characterize vulnerable and 

susceptible populations that are 

required in Appendix D, section 4.3.4; 

(3) January 1, 2014, for an initial nearroad NO2 monitor in CBSAs having 

1,000,000 million or more persons that 

is required in Appendix D, section 4.3.2; 

(4) January 1, 2015, for a second nearroad NO2 monitor in CBSAs that have 

a population of 2,500,000 or more 

persons or a second monitor in any 

CBSA with a population of 500,000 or 

more persons that has one or more 

roadway segments with 250,000 or 

greater AADT counts that is required in 

Appendix D, section 4.3.2; 

(5) January 1, 2017, for a near-road 

NO2 monitor in CBSAs having 500,000 

or more persons, but less than 

1,000,000, not already required by 

paragraph (c)(4) of this section, that is 

required in Appendix D, section 4.3.2. 

* * * * * 

[FR Doc. 2013–05939 Filed 3–13–13; 8:45 am] 

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