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Page 1 of 23 6560-50-P ENVIRONMENTAL PRO TECTION AGENCY 40 CFR Part 50 [EPA-HQ-OAR-2013-0572, EPA-HQ-OAR-2015-0229, FRL– ] RIN 2060-AS02 Treatment of Data Influenced by Exception al Events – Rule Revisions and Notice of Availability for Related Draft Guidance ******************* PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS 1. The authority citation for part 50 continues to read as follows: Authority: 42 U.S.C. 7401, et seq

. 2. In §50.1:

a. Revise paragraphs (j) and (k). b. Add paragraphs (m), (n), (o), (p), (q) and (r). The revisions and additions read as follows: §50.1 Definitions.
* * * * * (j) Exceptional event means an event and its resulting emissions that affect air quality in such a way that there exists a clear causal relationshi p between the specific event and the monitored exceedance or violation , is not reasonably controllable or preventable, is an event caused by human activity that is unlikely to recur at a pa rticular location or a natural event, and is***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 2 of 23 determined by the Administrator in accordance w ith 40 CFR 50.14 to be an exceptional event. It does not include stagnation of air masses or me teorological inversions, a meteorological event involving high temperatures or lack of precipitation, or air pollution relating to source noncompliance. (k) Natural event means an event and its resulting emissions, which may recur, in which human activity plays little or no direct causal role. Anthropogenic sources that are reasonably controlled shall be considered to not play a direct role in causing emissions.
***** (m) Prescribed fire is any fire intentionally ignited by management actions in accordance with applicable laws, policies, and regulations to meet specific land or resource management objectives. (n) Wildfir e is any fire started by an unplanned i gnition caused by lightning; volcanoes; other acts of nature; unauthorized activit y; or accidental, human-caused actions, or a prescribed fire that has been declared to be a wildfire. A wild fire that predominantly occurs on wildland is a natural event. (o) Wildland means an area in which human activity and development is essentially non-existent, except for roads, railroads, power lines, and similar transportation facilities. Structures, if any, are widely scattered. (p) High wind dust event is an event that includes the high -speed wind and the dust that the wind entrains and transports to a monitoring site. (q) High wind threshold is the minimum wind speed capab le of causing particulate matter***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 3 of 23 emissions from natural undisturbed lands in the area affected by a high wind dust event. (r) Federal land manager means, consistent with the de finition in 40 CFR 51.301, the Secretary of the department with authority over the Federa l Class I area (or the Secretary’s designee) or, with respect to Roosevelt-Campobello Internat ional Park, the Chairman of the RooseveltCampobello International Park Commission. 3. Amend § 50.14, as amended on October 26, 20 15, at 80 FR 65452, effective December 28, 2015, as follows: a. Revise paragraphs (a) and (b); b. Revise paragraphs (c)(1), (c )(2)(i) through (v), and (c)(3). The revisions read as follows: §50.14 Treatment of air quality monitoring data influenced by exceptional events. (a) Requirements

. (1) Scope . (i) This section applies to the treatment of data showing exceedances or violations of any national ambi ent air quality standard for purposes of the following types of regulatory determ inations by the Administrator: (A) An action to designate an area, pursuant to Clean Air Act section 107(d)(1), or redesignate an area, pursuant to Clean Air Act section 107(d)(3), for a particular national ambient air quality standard; (B) The assignment or re-assignment of a classification category to a nonattainment area where such classi fication is based on a comparison of pollutant design values, cal culated according to the specific data handling procedures in 40 CFR part 50 for each na tional ambient air quality standard, to***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 4 of 23 the level of the relevant national ambient air quality standard; (C) A determination regarding whethe r a nonattainment area has attained the level of the appropriate national ambi ent air quality standard by its specified deadline; (D) A determination that an area has had only one exceedance in the year prior to its attainment d eadline and thus qualifies for a 1-year attainment date extension, if a pplicable; and (E) A determination under Clean Air Ac t section 110(k)(5), if based on an area violating a national ambient air quality standard, that the state implementation plan is inadequate to the requirements of Clean Air Act section
110. (ii) A State , federal land manager or other federal agency may request the EPA Administrator to exclude data showing exceedances or violations of any the national ambient air quality standard that are directly due to an exceptional event from use in determinations by demonstrating to the EPA’s Administrator’s satisfaction that such event caused a sp ecific air pollution concentration at a particular air quality monitoring location. (A) For a federal land manager or other federal agency to be eligible to initiate such a request for data exclusi on, the federal land manager or other federal agency must: (1) Either operate a regulatory monito r that has been affected by an exceptional event or manage land on whic h an exceptional event occurred that***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 5 of 23 influenced a monitored concentration at a regulatory monitor; and (2) Initiate such a request only after discussing such submittal with the State in which the affected monitor is located; and (B) When initiating such a request, all provisions in this section that are expressed as requirements applying to a State shall, except as noted, be requirements applying to the federal la nd manager or other federal agency. (2) A d Demonstration to justify data exclusion may include any re liable and accurate data, but

must specifically address the elements in demonstrate a clear causal relationship between the measured exceedance or violation of such standard and the event in accordance with paragraph s (c)(3)(iv) and (v) of this section

. (b) Determinations by EPA the Administrator . (1) Generally

. EPA The Administrator shall exclude data from use in determinations of exceedances and NAAQS violations where a State demonstrates to EPA the Administrator ’s satisfaction that an exceptional event caused a specific air pollution concentration in excess of one or more national ambient air quality standards at a particular air quality monitoring location and otherw ise satisfies the requirements of this section. (2) Fireworks displays

. EPA The Administrator shall exclude data from us e in determinations of exceedances and NAAQS violations wher e a State demonstrates to EPA the Administrator ’s satisfaction that emissions from fi reworks displays caused a specific air pollution concentration in excess of one or more national ambient air quality standards at a particular air quality monitoring location and ot herwise satisfies the requirements of this section. Such data will be treated in the same manner as exceptional events under this rule,***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 6 of 23 provided a State demonstrates that such use of fireworks is significantly integral to traditional national, ethnic, or other cultural events including, but not limited to , July Fourth celebrations which that satisfy the requirements of this section. (3) Prescribed fires . (i) EPA The Administrator shall exclude data from us e in determinations of exceedances and NAAQS violations, wher e a State demonstrates to EPA’s the Administrator’s satisfaction that emissions from prescribed fires caused a specific air pollution concentration in excess of one or more national ambient air quality standards at a particular ai r quality monitoring location and otherwise satisfies the requirements of this section. provided that such emissions are from prescribed fires that EPA determines meets the definition in §50.1(j), and. (ii) Provided that t In addressing the requirements set fo rth in paragraph (c)(3)(iv)(D) of this section regarding the not reasonably controllable or preventable criterion: (A) With respect to the requirement that a prescribed fire be not reasonably controllable, t he State has certified must either certify to EPA that it has adopted and is implementing a SMP smoke management plan or the State has ensured that must demonstrate that the burner manager employed the generally applicable basic smoke management practices. identified in Tabl e 2 to § 50.14. To make the latter demonstration, the St ate may rely on a statement or other documentation provided by the burn manage r that he or she employed those practices. If an exceptional event occurs using the basic smoke management practices approach, the Stat e must undertake a review of its approach to ensure***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 7 of 23 public health is being protected and must include consideration of development of
a SMP. (B) With respect to the requirement that a prescribed fire be not reasonably preventable, provi ded the Administrator dete rmines that there is no compelling evidence to the contrary in the record, the State may rely upon and reference a multi-year land or resource ma nagement plan for a wildland area with a stated objective to establish, restore and/ or maintain a sustainable and resilient wildland ecosystem and/or to preserve e ndangered or threatened species through a program of prescribed fire, but also provide d that the use of pres cribed fire in the area has not exceeded the frequenc y indicated in that plan. (iii) Provided the Administrator determines that there is no compelling evidence to the contrary in the record, in addressing the requirements set forth in paragraph (c)(3)(iv)(E) of this section regarding th e human activity unlikely to recur at a particular location criterion for demons trations involving pr escribed fires on wildland, the State must describe the actual frequency with which a burn was conducted, but may rely upon and reference an assessment of the natural fire return interval or the prescribed fire fre quency needed to establish, restore, and/or maintain a sustainable and resilient wild land ecosystem contained in a multi-year land or resource management plan with a stated objective to establish, restore, and/or maintain a sustainable and resilient wildland ecosystem and/or to preserve endangered or threatened species th rough a program of prescribed fire.***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 8 of 23 (4)[Reserved] Table 2 to § 50.14. Summary of Basic Smoke Man agement Practices, benefit achieved with the BSMP, and when it is applied before, during or after ignition of the burn a Basic Smoke Management Practice Benefit achieved with the BSMP When the BSMP is Applied – Before/During/After the Burn Evaluate Smoke Dispersion Conditions. Minimize smoke impacts. Before, During, After.
Monitor Effects on Air Quality. Be aware of where the smoke is going and degree it impacts air quality. Before, During, After.
Record-Keeping/Maintain a Burn/Smoke Journal. Retain information about the weather, burn and smoke. If air quality problems occur, documentation helps analyze and address air regulatory issues. Before, During, After.

Communication – Public Notification. Notify neighbors and those potentially impacted by smoke, especially sensitive receptors. Before, During.

Consider Emission Reduction Techniques. Reducing emissions through mechanisms such as reducing fuel loading can reduce downwind impacts. Before, During, After.

Share the Airshed – Coordination of Area Burning. Coordinate multiple burns in the area to manage exposure of the public to smoke. Before, During, After.

a E lements of these BSMP could also be practical and be neficial to apply to wildfires for areas likely to experience recurring wildfires. (4) Wildfires . The Administrator shall exclude data from use in determinations of exceedances and violations, where a State demonstrates to the Administrator’s satisfaction that emissions from wildfires caused a specific air pollution concentration in excess of one or more national ambient air quality standard at a particular air quali ty monitoring location and otherwise satisfies the requirements of this section. Provided the Administrator determines that there is no compelling evid ence to the contrary in the record, the***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 9 of 23 Administrator will determine every wildfire occurring predominantly on wildland to have met the requirements identified in paragraph (c)(3)(iv)(D) of this section regarding the not reasonably cont rollable or preventable criterion. (5) High wind dust events . (i) The Administrator shall exclude da ta from use in determinations of exceedances and violations, where a State demonstrates to the Administrator’s satisfaction that emissions from a hi gh wind dust event caused a specific air pollution concentration in excess of one or more national ambient air quality standards at a particular ai r quality monitoring location and otherwise satisfies the requirements of this section provided that such emissions are from high wind dust

events. (ii) The Administrator will consider high wind dust events to be natural events in cases where windblown dust is entirely from undisturbed natural lands or where all anthropogenic sources are reasonably contro lled as determined in accordance with paragraph (b)(7) of this section. (iii) The Administrator will accept a high wi nd threshold of a sustained wind of 25 mph for areas in the States of Arizona, California, Colorado, Kansas, Nebraska, Nevada, New Mexico, North Dakota, Okla homa, South Dakota, Texas, Utah, and Wyoming provided this value is not contradicted by eviden ce in the record at the time the State submits a demonstration. (iv) In addressing the requirem ents set forth in paragraph (c)(3)(iv)(D) of this section regarding the not reasonably preventable criterion, the State shall not be required***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 10 of 23 to provide a case-specific justifi cation for a high wind dust event. (v) With respect to the not reasonably contro llable criterion of para graph (c)(3)(iv)(D) of this section, dust controls on an anth ropogenic source shall be considered reasonable in any case in which the contro ls render the anthropogenic source as resistant to high winds as a natural undi sturbed land area. The Administrator may determine lesser controls reasonable on a case-by-case basis. (vi) For remote, large-scale, high-energy and/or sudden hi gh wind dust events, such as “haboobs” in the southwest, the Admi nistrator will generally consider a demonstration documenting the nature and extent of the event to be sufficient with respect to the not reasonable contro llable criterion of pa ragraph (c)(3)(iv)(D) of this section. (6) Determinations with respect to event aggreg ation and multiple national ambient air quality standards for the same pollutant . (i) Where a State demonstrates to the Administrator’s satisfaction that for national ambient air quality standards with averaging or cumulative periods longer than 24-hours the aggregate effect of events occurring on different days has caused an exceedance or violation, the Administrator shall determine such collective data to satisfy the requirements in paragraph (c)(3)(iv)(B) of this sectio n regarding the clea r causal relationship criterion and otherwise satisfies th e requirements of this section. (ii) The Administrator shall accept as part of a demonstration for the clear causal relationship in paragraph (c)(3)(iv)(B) of this section, a State’s comparison of a***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 11 of 23 24-hour concentration of any national ambien t air quality standard pollutant to the level of a national ambient air quality standard for the same pollutant with a longer averaging period. (7) Determinations with respect to the not re asonably controllable or preventable criterion . (i) The Administrator shall determine that an event is not reasonably preventable if the State shows that reasonable measures to prevent the event were applied at the time of the event. (ii) The Administrator shall determine that an event is not reasonably controllable if the State shows that reasonable measures to control the impact of the event on air quality were applied at the time of the event. (iii) The Administrator shall assess the reasonableness of ava ilable controls for anthropogenic sources based on information avai lable as of the date of the event. (iv) Except where a state is obligated to revise its state implementation plan, the Administrator shall consider enforcea ble control measures implemented in accordance with a state implementation pl an, approved by the EPA within 5 years of the date of a demonstration submittal, that address the event-related pollutant and all sources necessary to fulfill the requirements of the Clean Air Act for the state implementation plan to be reas onable controls with respect to all anthropogenic sources that have or ma y have contributed to event-related emissions. (v) The Administrator shall not require a State to provide case-specific justification to***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 12 of 23 support the not reasonably c ontrollable or preventabl e criterion for emissionsgenerating activity that o ccurs outside of the Stat e’s jurisdictional boundaries within which the concentration at issue wa s monitored. In the case of a tribe with treatment as a state status with respec t to exceptional events requirements, the tribe’s jurisdictional boundaries for purposes of requiring or directly implementing emission controls apply. In the case of a federal land manager or other federal agency submitting a demons tration under the requirements of this section, the jurisdictional boundaries that ap ply are those of the State or the tribe depending on which has jurisdiction over the area where the event has occurred. (c) Schedules and procedures . (1) Public notification

. (i) All States and, where applicable, thei r political subdivisions must notify the public promptly whenever an event occurs or is reasonably anticipa ted to occur which may result in the exceedance of an applicable air qua lity standard. (ii) [Reserved] (2) Flagging of data. Initial notification of potential exceptional event

. (i) A State shall notify EPA of its intent to exclude request exclusion of one or more measured exceedances of an applicable national ambient air quality standard as being due to an exceptional event by creating an initial event description and flagging the associated data that have been submitted to the AQS database and by engaging in the Initial Notification of Potential Exceptional Event process as follows:***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 13 of 23 (A) The State and the appropriate EPA regional office shall engage in regular communications to identify thos e data that have been potentially influenced by an exceptional event, to determine whether the identified data may affect a regulatory determination and to discuss whether the St ate should develop and submit an exceptional events demonstr ation according to the requirements in this section; (B) For data that may affect an anticipated regulatory determination or where circumstances otherwise compel the Administrator to prioritize the resulting demonstration, the Administra tor shall respond to a State’s Initial Notification of Potential Exceptional Even t with a due date for demonstration submittal that considers the nature of the event and the anticipated timing of the associated regulatory decision; (C) The Administrator may waive the Initial Notification of Potential Exceptional Event process on a case-by-case basis. placing a flag in the appropriate field for the data record of concern which has been submitted to the AQS database. (ii) Flags placed on data in accordance with this section shall be deemed informational only, and t T he data shall not be excluded from determinations with respect to exceedances or violations of the national ambient air quality standards unless and until, following the State’s submittal of its demonstration pursuant to paragraph (c)(3) of this section and the EPA Administrator’s review, EPA the Administrator***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 14 of 23 notifies the State of its concurrence by placing a concurrence flag in the appropriate field for the data record in the AQS database. (iii) Flags placed on data as being due to an exceptional event together with an initial description of the event shall be submitted to EPA not later than July 1 st of the calendar year following the year in which the flagged measurement occurred, except as allowed under paragraph (c)(2)(iv) or (c)(2)(v) (c)(2)(vi) of this section. [Reserved] (iv) [Reserved] For PM 2.5 data collected during calenda r years 2004-2006, that the State identifies as resulting from an exceptiona l event, the State must notify EPA of the flag and submit an initial description of the event no late r than October 1, 2007. EPA may grant an extension, if a State re quests an extension, and permit the State to submit the notification of the flag and initial description by no later than December 1, 2007. (v) [Reserved] For lead (Pb) data collected duri ng calendar years 2006-2008, that the State identifies as resulting from an ex ceptional event, the State must notify EPA of the flag and submit an initial descript ion of the event no la ter than July 1, 2009. For Pb data collected du ring calendar year 2009, that the State identifies as resulting from an exceptional event, the State must notify EPA of the flag and submit an initial description of the even t no later than July 1, 2010. For Pb data collected during calendar year 2010, that the State identifi es as resulting from an exceptional event, the State must notify EPA of the flag and submit an initial***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 15 of 23 description of the even t no later than May 1, 2011. (vi) When EPA sets a NAAQS for a new pollu tant or revises the NAAQS for an existing pollutant, it may revise or set a new sc hedule for flagging exceptional event data, providing initial data descri ptions and providing detail ed data documentation in AQS for the initial designations of areas for those NAAQS. Table 1 provides the schedule for submission of flags with in itial descriptions in AQS and detailed documentation. These schedules shall appl y for those data which will or may influence the initial desi gnation of areas for those NAAQS. EPA anticipates revising Table 1 as necessary to accomm odate revised data submission schedules for new or revised NAAQS. Table 1 identifies the data submission process for new or revised NAAQS. This process shall apply to those data that will or may influence the initial designation of areas for any new or revised NAAQS.***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 16 of 23 Table 1. Schedule for Flagging and Documentation Submission for Data Influenced by Exceptional Events for Use in Initial Area Designations Exceptional Events / Regulatory Action Exceptional Events Deadline Schedule d

Flagging and initial event description deadline for data years 1, 2 and 3. a If state and tribal initial designation recommendations for a new/revised NAAQS are due August through January, then the flagging and initial event description deadline will be the July 1 prior to the recommendation deadline. If state and tribal recommendations for a new/revised NAAQS are due February through July, then the flagging and initial event description deadline will be the Ja nuary 1 prior to the recommendation deadline. Exceptional events demonstration submittal deadline for data years 1, 2 and 3. a No later than the date that state and tribal recommendations are due to EPA.

Flagging, initial even t description and exceptional events demonstration submittal deadline for data year 4 b and, where applicable, data year 5. c By the last day of the month that is 1 year and 7 months after promulgation of a new/revised NAAQS, un less either option a or b applies. a. If the EPA follows a 3-year designation schedule, the deadline is 2 years and 7 months after promulgation of a new/revised NAAQS. b. If the EPA notifies th e state/tribe that it intends to complete the initial area designations process according to a schedule between 2 and 3 years, the deadline is 5 months prior to the date specified for final designations decisions in such EPA notification.

a Where data years 1, 2, and 3 are those years e xpected to be considered in state and tribal recommendations. b Where data year 4 is the additional year of data that the EPA may consider when it makes final area designations for a new/revised NAAQS unde r the standard designations schedule.

c Where data year 5 is the additional year of data that the EPA may consider when it makes final area designations for a new/revised NAAQS under an extended designations schedule.***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 17 of 23 d The date by which air agencies must certify thei r ambient air quality monitoring data in AQS is annually on May 1 of the year following the year of data collection as specified in 40 CFR 58.15(a)(2). In some cases, howev er, air agencies may choose to certify a prior year's data in advance of May 1 of the following year, particularly if the EPA has indicated its intent to promulgate final designations in the first 8 mont hs of the calendar year. Data flagging, initial event description and exceptional events demons tration deadlines for “early certified” data will follow the deadlines for “year 4” and “year 5” data. [Note: the above table does not appear in th e Federal Register. The promulgated 2015 Ozone NAAQS at 80 FR 65292 replaced Table 1 in its entirety. For ease of reading, we are not including the previous Table 1 in this redlined/strikeout document.] (3) Submission of demonstrations . (i) Except as allowed under para graph (c)(2)(vi) of this section, aA State that has flagged data as being due to an exceptional event and is requesting exclusion of the affected m easurement data shal l, after notice and opportunity for public comment, submit a demo nstration to justif y data exclusion
to EPA the Administrator according to the schedule established under paragraph (c)(2)(i)(B). not later than the lesse r of 3 years following th e end of the calendar quarter in which the flagged concentration was recorded or, 12 months prior to the date that a regulatory decision must be made by EPA. A State must submit the public comments it received along with its demonstration to EPA. (ii) [Reserved] A State that flags data colle cted during calendar years 2004-2006, pursuant to paragraph (c)(2)( iv) of this section, must adopt the procedures and requirements specified in paragraph (c)(3)( i) of this section and must include a demonstration to justify the exclusion of the data not later than the submittal of the Governor’s recommendation le tter on nonattainment areas. (iii) [Reserved] A State that flags Pb data co llected during calendar years 2006-2009, pursuant to paragraph (c)(2)(v) of this section shall, after notice and opportunity***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 18 of 23 for public comment, submit to EPA a demonstr ation to justify the exclusion of the data not later than October 15, 2010. A Stat e that flags Pb data collected during calendar year 2010 shall, af ter notice and opportunity for public comment, submit to EPA a demonstration to justify the excl usion of the data no t later than May 1, 2011. A state must submit the public comme nts it received along with its demonstration to EPA. (iv) The demonstration to justify data exclusion shall provide evidence that must include : (A) The event satisfies the criteria set forth in 40 CFR 50.1(j) A narrative conceptual model that describes the even t(s) causing the exceedance or violation and a discussion of how emissions from th e event(s) led to the exceedance at the affected monitor(s) ; (B) A demonstration that the event affect ed air quality in such a way that there exists a clear causal relationshi p between the specific event and the monitored exceedance or violation There is a clear causal relationship between the measurement under consideration and the even t that is claimed to have affected the air quality in the area; (C) Analyses identified in Table 3 to § 50.14 comparing the claimed event-influenced concentrati on(s) to concentrations at the same monitoring site at other times consistent with Table 3 to § 50.14 to support the requirement at paragraph (c)(3)(iv)(B) of this section. The Administrator sha ll not require a State to prove a specific percentile poi nt in the distribution of data. The event is***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 19 of 23 associated with a measured concentra tion in excess of normal historical fluctuations, includ ing background; and; (D) There would have been no excee dance or violation but for the event. A demonstration that the event was bot h not reasonably controllable and not reasonably preventable; and (E) A demonstration that the event was a human activity that is unlikely to recur at a particular locati on or was a natural event. (v) With the submission of the demonstration containing the elements in paragraph (c)(3)(iv) of this section , the State must : (A) Document that the public comment process was followed . and that the comment period was open for a minimum of 30 days, which could be concurrent with the Administrator’s review of th e associated demonstration provided the State can meet all requirements in this paragraph; (B) Submit the public comments it re ceived along with its demonstration to the Administrator; and (C) Address in the submission to the Administrator those comments disputing or contradicting factual ev idence provided in the demonstration. (vi) Where the State has submitted a demonstr ation according to the requirements of this section and the Administrator has review ed such demonstration and requested additional evidence to support one of the el ements in paragraph (c)(3)(iv) of this section, the State shall have 12 months from the date of the Administrator’s***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 20 of 23 request to submit such evidence. At the conclusion of this time, if the State has not submitted the requested additional evidence, the Administrator will consider the demonstration to be inactive and w ill not pursue additional review of the demonstration. After a 12-month period of inactivity, if a State desires to pursue the inactive demonstration, it mu st reinitiate its request to exclude associated data by following the process in paragr aph (c)(2)(i) of this section. Table 3 to § 50.14. Evidence and Analyses for the Comparison to Historical Concentrations

Historical Concentration Evidence Types of Analyses/Supporting Information Required or Optional? 1. Comparison of concentrations on the claimed event day with past historical data. Seasonal (appropriate if exceedances occur primarily in one season, but not in others).  Use all available seasonal data over the

previous 5 years (or more, if available).  Discuss the seasonal nature of pollution for

the location being evaluated.  Present monthly maximums of the NAAQS

relevant metric ( e.g ., maximum daily 8- hour average ozone or 1-hr SO 2 ) vs monthly or other averaged daily data as this masks high values. Annual (appropriate if ex ceedances are likely

throughout the year).  Use all available data over the previous 5

years (or more, if available). Seasonal and Annual Analyses.  Provide the data in the form relevant to the

standard being considered for data exclusion.  Label “high” data points as being

associated with concurred exceptional events, suspected exceptional events, other unusual occurrences, or high pollution days due to normal emissions. Required seasonal and/or annual analysis (depending on which is more appropriate).***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 21 of 23 Historical Concentration Evidence Types of Analyses/Supporting Information Required or Optional?

 Describe how emission control strategies

have decreased pollutant concentrations over the 5-year window, if applicable.  Include comparisons omitting known or

suspected exceptional events points, if applicable. 2. Comparison of concentrations on the claimed event day with a narrower set of similar days.  Include neighboring days at the same location ( e.g., a time series of two to three weeks) and/or other days with similar meteorological conditions (possibly from other years) at the sa me or nearby locations with similar historical air quality along with a discussion of the meteorological conditions during the same timeframe. a  Use this comparison to demonstrate that the

event caused higher concentrations than would be expected for given meteorological and/or local emissions conditions. Optional analysis.

3. Percentile rank of concentration when compared to annual data. b  Provide the percentile rank of the event-day concentration relative to all measurement days over the previous 5 years to ensure statistical robustness and capture non-event variability over the a ppropriate seasons or number of years. c  Use the daily statistic ( e.g ., 24-hour

average, maximum daily 8-hour average, or maximum 1-hour) appropriate for the form of the standard being considered for data exclusion. Required analysis when comparison is made on an annual basis ( see item #1).

4. Percentile rank of concentration relative to seasonal data. b  Provide the percentile rank of the event-day concentration relative to all measurement days for the season (or appropriate alternative 3-month period) of the event over the previous 5 years.  Use the same time horizon as used for the

percentile rank calculate d relative to annual data, if appropriate. Required analysis when comparison is made on a seasonal basis ( see item #1).

a If an air agency compares th e concentration on the claimed even t day with days with similar meteorological conditions from other years, the agency should also verify and provide evidence***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 22 of 23 that the area has not experienced significant changes in wind patterns, and that no significant sources in the area have had signi ficant changes in their emissions of the pollutant of concern. b The EPA does not intend to identify a particular historical percentile ra nk point in the seasonal or annual historical data that play s a critical role in the analysis or conclusion regarding the clear causal relationship.
c Section 8.4.2.e of appendix W (proposed re visions at 80 FR 45374, July 29, 2015) recommends using 5 years of adequately representative me teorology data from the National Weather Service to ensure that worst-case meteorological conditio ns are represented. Similarly, for exceptional events purposes, the EPA believes that 5 years of ambient air data, whether seasonal or annual, better represent the range of “normal” air quality than do shorter periods.

PART 51—REQUIREMENTS FOR PREPA RATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS 4. The authority citation for part 51 continues to read as follows: Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q. §51.930 Mitigation of Exceptional Events. (a) A State requesting to exclude air quality data due to exceptional events must take appropriate and reasonable actions to protect public he alth from exceedances or violations of the national ambient air quality standards. At a minimum, the State must: (1) Provide for prompt public notification when ever air quality concentrations exceed or are expected to exceed an applicab le ambient air quality standard; (2) Provide for public educa tion concerning actions that i ndividuals may take to reduce exposures to unhealthy levels of air qua lity during and following an exceptional event; and (3) Provide for the implementation of appropr iate measures to prot ect public health from exceedances or violations of ambient ai r quality standards caused by exceptional***EO12866_Proposed Revisions to the Exceptional Events Rule _2060-AS02*** Redline/Strikeout of Proposed Rule Changes Note: Text highlighted in yellow represents ch anges promulgated in the 2015 Ozone NAAQS at 80 FR 65292, October 26, 2015. Formatting in this document may be different than in the Federal Register

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Page 23 of 23 events. (b) [Reserved]