103652 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 

license include: transactions and activities 

necessary to ensure the safety of personnel, 

or the integrity of operations and assets in 

Venezuela; participation in shareholder and 

board of directors meetings; making 

payments on third-party invoices for 

transactions and activities authorized by 

paragraph (a) of this general license, or 

incurred prior to April 21, 2020, provided 

such activity was authorized at the time it 

occurred; payment of local taxes and 

purchase of utility services in Venezuela; and 

payment of salaries for employees and 

contractors in Venezuela. 

(b) Except as provided in paragraph (d) of 

this general license, all transactions and 

activities prohibited by E.O. 13850, as 

amended, or E.O. 13884, each as 

incorporated into the VSR, that are ordinarily 

incident and necessary to the wind down of 

operations, contracts, or other agreements in 

Venezuela involving PdVSA or any entity in 

which PdVSA owns, directly or indirectly, a 

50 percent or greater interest, and that were 

in effect prior to July 26, 2019, are authorized 

through 12:01 a.m. eastern daylight time, 

May 9, 2025, for the Covered Entities. 

(c) Paragraph (a) of this general license 

does not authorize: 

(1) The drilling, lifting, or processing of, 

purchase or sale of, or transport or shipping 

of any Venezuelan-origin petroleum or 

petroleum products; 

(2) The provision or receipt of insurance or 

reinsurance with respect to the transactions 

and activities described in paragraph (c)(1) of 

this general license; 

(3) The design, construction, installation, 

repair, or improvement of any wells or other 

facilities or infrastructure in Venezuela or the 

purchasing or provision of any goods or 

services, except as required for safety; 

(4) Contracting for additional personnel or 

services, except as required for safety; or 

(5) The payment of any dividend, 

including in kind, to PdVSA, or any entity 

in which PdVSA owns, directly or indirectly, 

a 50 percent or greater interest. 

(d) This general license does not authorize: 

(1) Any transactions or dealings related to 

the exportation or reexportation of diluents, 

directly or indirectly, to Venezuela; 

(2) Any loans to, accrual of additional debt 

by, or subsidization of PdVSA, or any entity 

in which PdVSA owns, directly or indirectly, 

a 50 percent or greater interest, including in 

kind, prohibited by E.O. 13808 of August 24, 

2017, as amended by E.O. 13857, and 

incorporated into the VSR; or 

(3) Any transactions or activities otherwise 

prohibited by the VSR, or any other part of 

31 CFR chapter V, or any transactions or 

activities with any blocked person other than 

the blocked persons identified in paragraphs 

(a) and (b) of this general license. 

(e) Effective November 7, 2024, General 

License No. 8N, dated May 10, 2024, is 

replaced and superseded in its entirety by 

this General License No. 8O. 

Lisa M. Palluconi, 

Acting Director, Office of Foreign Assets 

Control. 

Dated: November 7, 2024. 

Lisa M. Palluconi, 

Acting Director, Office of Foreign Assets 

Control. 

[FR Doc. 2024–29991 Filed 12–18–24; 8:45 am] 

BILLING CODE 4810–AL–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 50 and 58 

[EPA–HQ–OAR–2015–0072; FRL–8635.1– 

02–OAR] 

RIN 2060–AW48 

Reconsideration of the National 

Ambient Air Quality Standards for 

Particulate Matter; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction and 

correcting amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting a final rule 

published in the Federal Register on 

March 6, 2024, that became effective on 

May 6, 2024. The final rule revised the 

primary annual PM2.5 standard by 

lowering the level from 12.0 mg/m3 to 

9.0 mg/m3, retained the current primary 

24-hour PM2.5 standard and the primary 

24-hour PM10 standard, retained the 

secondary 24-hour PM2.5 standard, 

secondary annual PM2.5 standard, and 

secondary 24-hour PM10 standard, and 

finalized revisions to the Air Quality 

Index (AQI) and monitoring 

requirements for the national ambient 

air quality standards for particulate 

matter (PM NAAQS). After publication, 

the EPA became aware of an error in the 

preamble text regarding the due date for 

infrastructure State implementation 

plan (infrastructure SIP) submissions for 

the 2024 p.m. NAAQS. With this action, 

the EPA is clarifying the due date for 

infrastructure SIP submissions for the 

2024 p.m. NAAQS. The EPA is also 

correcting inadvertent errors in the 

PM2.5 monitoring regulatory text. These 

corrections do not include any 

substantive changes to the final rule. 

DATES: This correction is effective on 

December 19, 2024. 

ADDRESSES: The EPA has established a 

docket for the final rule under Docket ID 

No. EPA–HQ–OAR–2015–0072. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

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. 

Publicly available docket materials are 

available electronically through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tim Hanley, 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) 541–4417; email: 

hanley.tim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. What is the authority for this action? 

The EPA is correcting the deadline for 

infrastructure SIP submissions under its 

authority provided in section 110(a)(1) 

of the Clean Air Act (CAA) (42 U.S.C. 

7410), which directs the States to 

submit their implementation plans 

within 3 years after promulgation of a 

primary or secondary NAAQS. 

The EPA is also acting under the 

authority provided by CAA sections 

103, 105, 110, 114, 301, 311, 314, and 

319, which direct the EPA to develop 

and implement measures to conduct 

ambient air quality surveillance. Under 

this authority, this action implements 

minor, non-substantive typographical 

and technical corrections to conform the 

40 CFR part 58 regulatory text to the 

rule’s preamble and remedies regulatory 

text formatting errors. 

B. What corrective action is the Agency 

taking? 

Correction to Preamble of March 6 Final 

Rule 

In the proposed rule published on 

January 27, 2023 (88 FR 5558), the 

preamble states that ‘‘Under CAA 

sections 110(a)(1), all states are required 

to make these infrastructure SIP 

submissions within 3 years after 

promulgation of a new or revised 

primary standard.’’ However, in the 

final rule published on March 6, 2024 

(89 FR 16202), the preamble incorrectly 

and inadvertently states that ‘‘Under 

CAA section 110(a)(1), all States are 

required to make these infrastructure 

SIP submissions within three years after 

the effective date of a new or revised 

primary standard. While the CAA 

authorizes the EPA to set a shorter time 

for States to make these SIP 

submissions, the EPA is requiring 

submission of infrastructure SIPs within 

three years of the effective date of this 

revised primary annual PM2.5 NAAQS.’’ 

Pursuant to CAA section 110(a)(1), 

infrastructure SIP submissions are not 


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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 103653 

due within three years of the effective 

date, but within three years of the 

promulgation of a new or revised 

NAAQS. The EPA has traditionally held 

that ‘‘promulgation’’ means the 

signature and widespread dissemination 

of a final rulemaking in the context of 

the NAAQS. Per this standard practice, 

because the EPA promulgated (signed 

and made available on the EPA’s 

website) the reconsideration of the PM2.5

NAAQS on February 7, 2024, 

infrastructure SIP submissions are due 

by no later than February 7, 2027. 

To be consistent with the CAA and 

the proposed rule, the EPA is correcting 

the last two sentences of the first 

paragraph of B. Section 110(a)(1) and (2) 

Infrastructure SIP Requirements in the 

final rule preamble. 

Correction 

In FR Doc. 2024–02637, at 89 FR 

16202 in the Federal Register of March 

6, 2024, on page 16367, in the second 

column, the last two sentences of the 

first paragraph of B. Section 110(a)(1) 

and (2) Infrastructure SIP Requirements 

are corrected to read as follows: 

‘‘Under CAA section 110(a)(1), all 

States are required to make these 

infrastructure SIP submissions within 

three years after the promulgation date 

of a new or revised primary standard. 

While the CAA authorizes the EPA to 

set a shorter time for States to make 

these SIP submissions, the EPA is 

requiring submission of infrastructure 

SIPs within three years of the 

promulgation date of this revised 

primary annual PM2.5 NAAQS.’’ 

Correcting Amendments to 40 CFR Parts 

50 and 58 

The EPA is also making several 

corrections to inadvertent errors in the 

PM2.5 monitoring regulatory text as 

described below. 

After publication, it was realized that 

the EPA did not add promulgated 

§ 50.20 to the 40 CFR 50.3 list of 

sections containing PM2.5 standards, 

which was inconsistent with past 

NAAQS regulations. Therefore, in 40 

CFR 50.3, the EPA is adding § 50.20 to 

its list of sections containing PM2.5

standards to be consistent with all 

existing PM2.5 standards and methods. 

The EPA proposed to adjust the 

minimum value required by appendix 

A, section 3.2.4, to be considered valid 

sample pairs for the PM2.5 Performance 

Evaluation Program (PEP) from 3 mg/m3

to 2 mg/m3 (88 FR 5665, January 27, 

2023). In section 3.2.4 of appendices A 

and B to part 58, the EPA finalized 2 mg/ 

m3 for the quality assurance program 

that assesses PM2.5 network bias. 

However, in the final rule, section 

4(c)(5) in appendix A and section 4(b)(5) 

and (c) in appendix B, which provides 

the PM2.5 limit for use in bias 

assessments, was not updated to reflect 

the finalized 2 mg/m3 for PM2.5 and 

instead states the previous 3 mg/m3, 

which is inconsistent with section 3.2.4 

in the two appendices. Within the PM 

NAAQS, the same criteria should be 

used for PM2.5 for consistency. 

Therefore, the EPA is correcting section 

4(c)(5) of appendix A and section 4(b)(5) 

and (c) of appendix B to part 58 to be 

consistent with section 3.2.4 of 

appendices A and B to part 58. 

In the PM NAAQS Reconsideration 

proposed rule (88 FR 5665, January 27, 

2023), the EPA proposed to revise 

equation 6 in section 4.2.1 of 

appendices A and B to part 58. The 

proposed equation 6 had a plus sign in 

the denominator. However, in the final 

rule, the EPA inadvertently published 

equation 6 with a minus sign in the 

denominator instead of a plus sign. 

Therefore, the EPA is correcting the 

denominator in equation 6 of section 

4.2.1 in appendices A and B by 

changing the minus sign to a plus sign, 

which is consistent with what was 

proposed. 

In section 2.2.2 in appendix C to part 

58, the EPA is correcting a typo by 

replacing ‘‘multijusinstincional’’ with 

‘‘multijurisdictional.’’ 

Appendix C to part 58 of the final 

rule’s regulatory text had an incorrect 

instruction to remove and reserve 

sections 2.4 and 2.4.1 and remove 

sections 2.4.1. through 2.4.1.7. The 

EPA’s intention was to reserve all of 

section 2.4, which includes sections 

2.4.1 through 2.4.6 and their 

subsections, and to remove sections 

2.4.1.1 through 2.4.1.7. However, due to 

the EPA’s confusing instructions, only 

sections 2.4 and 2.4.1 were reserved. To 

correct this issue, the EPA is reserving 

sections 2.4.2 through 2.4.6 of appendix 

C to part 58, including their subsections, 

so that all of section 2.4 is reserved as 

intended. 

Also, when the EPA reserved section 

2.4 in appendix C to part 58, the EPA 

revoked language associated with 

Approved Regional Methods (ARMs). 

However, after publication, several 

mentions of the revoked term ‘‘ARM’’ 

and references to the reserved section 

2.4 were left in appendices A and C to 

part 58. To correct this issue, the EPA 

is removing the revoked term ‘‘ARM’’ 

and references to the reserved section 

2.4 from section 3.2.4.2 in appendix A 

to part 58 and sections 2.7.1, 2.8.4, 

2.7.6, 2.8.1, 2.8.5, and 3.1 in appendix 

C to part 58. 

Lastly, after publication of the final 

rule, the EPA became aware that, in the 

finalized tables E–3 and E–6 of 

appendix E to part 58, several merged 

cells were inadvertently unmerged, 

resulting in misalignment of the data 

presented for each pollutant-specific 

row in the tables. The EPA is correcting 

this error by providing reformatted 

tables E–3 and E–6 so that each 

pollutant-specific row and the 

information in each column is displayed 

correctly. 

II. Rulemaking Procedures 

Section 553(b)(B) of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(B), provides that when an 

agency for good cause finds that public 

notice and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

The EPA has determined that there is 

good cause for making this correction 

final without prior proposal. In this 

instance, notice and opportunity for 

comment is unnecessary because this 

action implements minor, nonsubstantive typographical and technical 

corrections that correct preamble 

language in one instance, conform the 

regulatory text to the rule’s preamble, 

and remedy formatting errors. 

Moreover, EPA has determined that 

there is good cause for making this final 

rule effective less than 30 days after 

publication in the Federal Register. 

Section 553(d)(3) of the APA, 5 U.S.C. 

553(d)(3), provides that final rules shall 

not become effective until 30 days after 

publication in the Federal Register 

‘‘except . . . as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ ‘‘In 

determining whether good cause exists, 

an agency should ‘balance the necessity 

for immediate implementation against 

principles of fundamental fairness 

which require that all affected persons 

be afforded a reasonable amount of time 

to prepare for the effective date of its 

ruling.’’ Omnipoint Corp. v. Fed. 

Commc’n Comm’n, 78 F.3d 620, 630 

(D.C. Cir. 1996) (quoting United States 

v. Gavrilovic, 551 F.2d 1099, 1105 (8th 

Cir. 1977)). This action adjusts a 

deadline that will not apply for at least 

two years (from May 6, 2027, to 

February 7, 2027) and makes only minor 

technical and typographical corrections 

to the monitoring provisions that are not 

connected to immediate regulatory 

obligations. 

For these reasons, the Agency finds 

that good cause exists under APA 

section 553(d)(3) to make this rule 

effective on December 19, 2024. 


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III. Statutory and Executive Orders 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined by 

Executive Order 12866, as amended by 

Executive Order 14094 and was, 

therefore, not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. The EPA is clarifying the due date 

for infrastructure SIP submissions for 

the 2024 PM NAAQS and correcting 

inadvertent errors in the PM2.5

monitoring regulatory text. However, 

the Office of Management and Budget 

(OMB) has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2060–0084. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. Rather, this action corrects 

inadvertent errors in the final rule’s 

preamble and regulatory text. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in the Unfunded 

Mandates Reform Act (UMRA), 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. This 

action corrects inadvertent errors in the 

final rule’s preamble and regulatory 

text. 

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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175. It does not have a 

substantial direct effect on one or more 

Indian Tribes as Tribes are not obligated 

to adopt or implement any NAAQS. In 

addition, Tribes are not obligated to 

conduct ambient monitoring for PM or 

to adopt the ambient monitoring 

requirements of 40 CFR part 58. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

This action corrects inadvertent errors 

in the final rule’s preamble and 

regulatory text. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

The final rule involved environmental 

monitoring or measurement. The PM 

NAAQS final rule maintained the use of 

the existing indicators for fine (PM2.5) 

and coarse (PM10) particles. The 

indicator for fine particles is measured 

using the Reference Method for the 

Determination of Fine Particulate Matter 

as PM2.5 in the Atmosphere (appendix L 

to 40 CFR part 50), which is known as 

the PM2.5 FRM, and the indicator for 

coarse particles is measured using the 

Reference Method for the Determination 

of Particulate Matter as PM10 in the 

Atmosphere (appendix J to 40 CFR part 

50), which is known as the PM10 FRM. 

To the extent feasible, the EPA employs 

a Performance-Based Measurement 

System (PBMS), which does not require 

the use of specific, prescribed analytic 

methods. The PBMS is defined as a set 

of processes wherein the data quality 

needs, mandates or limitations of a 

program or project are specified and 

serve as criteria for selecting appropriate 

methods to meet those needs in a costeffective manner. It is intended to be 

more flexible and cost effective for the 

regulated community; it is also intended 

to encourage innovation in analytical 

technology and improved data quality. 

This action corrects inadvertent errors 

in the monitoring regulatory text for 

parts 50 and 58. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this correction 

does not concern human health or 

environmental conditions and, 

therefore, cannot be evaluated with 

respect to potentially disproportionate 

and adverse effects on people of color, 

low-income populations and/or 

indigenous peoples. This action corrects 

inadvertent errors in the final rule’s 

preamble and regulatory text. 

Although this action does not concern 

human health or environmental 

conditions, the EPA identified and 

addressed environmental justice 

concerns in the underlying final rule in 

sections II.A.2, II.B.3.a, II.B.3.c, II.B.2, 

and II.B.4. of the final rule preamble and 

also in the 2019 Integrated Science 

Assessment, Supplement to the 2019 

Integrated Science Assessment, and 

2022 Policy Assessment. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in the SUPPLEMENTARY

INFORMATION section. The EPA has 

determined that there is good cause for 

making this correction final without 

prior proposal. In this instance, notice 

and opportunity for comment is 

unnecessary because this action 

implements minor, non-substantive 

typographical and technical corrections 

that conform the regulatory text to the 

rule’s preamble and remedy formatting 

errors. 


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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 103655 

List of Subjects 

40 CFR Part 50 

Environmental protection, Air 

pollution control, Particulate matter. 

40 CFR Part 58 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Michael S. Regan, 

Administrator. 

Accordingly, 40 CFR parts 50 and 58 

are corrected by making the following 

correcting amendments: 

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. Revise § 50.3 to read as follows: 

§ 50.3 Reference conditions. 

All measurements of air quality that 

are expressed as mass per unit volume 

(e.g., micrograms per cubic meter) other 

than for particulate matter (PM2.5) 

standards contained in §§ 50.7, 50.13, 

50.18, and 50.20, and lead standards 

contained in § 50.16 shall be corrected 

to a reference temperature of 25 (deg) C 

and a reference pressure of 760 

millimeters of mercury (1,013.2 

millibars). Measurements of PM2.5 for 

purposes of comparison to the standards 

contained in §§ 50.7, 50.13, 50.18, and 

50.20, and of lead for purposes of 

comparison to the standards contained 

in § 50.16 shall be reported based on 

actual ambient air volume measured at 

the actual ambient temperature and 

pressure at the monitoring site during 

the measurement period. 

PART 58—AMBIENT AIR QUALITY 

SURVEILLANCE 

■ 3. The authority citation for part 58 

continues to read as follows: 

Authority: 42 U.S.C. 7403, 7405, 7410, 

7414, 7601, 7611, 7614, and 7619. 

■ 4. Amend appendix A to part 58 by 

revising sections 3.2.4.2 and 4(c)(5) and 

equation 6 in section 4.2.1 to read as 

follows: 

Appendix A to Part 58—Quality 

Assurance Requirements for Monitors 

Used in Evaluations of National 

Ambient Air Quality Standards 

* * * * * 

3.2.4.2 Have all FRM and FEM samplers 

subject to a PEP audit at least once every 6 

years, which equates to approximately 15 

percent of the monitoring sites audited each 

year. 

* * * * * 

4. * * * 

(c) * * * 

(5) PM2.5: 2 mg/m3. 

* * * * * 

4.2.1 * * * 

Equation 6 to Section 4.2.1 of Appendix A 

* * * * * 

■ 5. Amend appendix B to part 58 by 

revising section 4(b)(5) and (c) and 

equation 6 in section 4.2.1 to read as 

follows: 

Appendix B to Part 58—Quality 

Assurance Requirements for Prevention 

of Significant Deterioration (PSD) Air 

Monitoring 

* * * * * 

4. * * * 

(b) * * * 

(5) PM2.5: 2 mg/m3. 

(c) The PM2.5 2 mg/m3 limit for the PM2.5– 

PEP may be superseded by mutual agreement 

between the PSD PQAO and the PSD 

reviewing authority as specified in section 

3.2.4 of this appendix and detailed in the 

approved QAPP. 

* * * * * 

4.2.1 * * * 

Equation 6 to Section 4.2.1 of Appendix B 

* * * * * 

■ 6. Amend appendix C to part 58 by: 

■ a. Revising section 2.2.2; and 

■ b. Removing and reserving sections 

2.4.2 through 2.4.6; and 

■ c. Revising sections 2.7.1, 2.7.4, 2.7.6, 

2.8.1, 2.8.5, and 3.1. 

The revisions read as follows: 

Appendix C to Part 58—Ambient Air 

Quality Monitoring Methodology 

* * * * * 

2.2.2 A request to update a designated 

methods calibration may be initiated by the 

instrument manufacturer of record or the 

EPA Administrator. State, local, Tribal, and 

multijurisdictional organizations of these 

entities may work with an instrument 

manufacture to update a designated method 

calibration. 

* * * * * 

2.7.1 Requests for approval under section 

2.2, 2.6.2, or 2.8 of this appendix must be 

submitted to: Director, Center for 

Environmental Measurement and Modeling, 

Reference and Equivalent Methods 

Designation Program (MD–D205–03), U.S. 

Environmental Protection Agency, P.O. Box 

12055, Research Triangle Park, North 

Carolina 27711. 

* * * * * 

2.7.4 To the extent that such 

incorporation by reference provides data or 

information required by this section (2.7) or 

by section 2.5 or 2.6 of this appendix, 

independent data or duplicative information 

need not be submitted. 

* * * * * 

2.7.6 If the Administrator determines, on 

the basis of any available information, that 

any of the determinations or statements on 

which approval of a request under this 

section was based are invalid or no longer 

valid, or that the requirements of section 2.5 

or 2.6, as applicable, have not been met, he/ 

she may withdraw the approval after 

affording the person who obtained the 

approval an opportunity to submit 

information and arguments opposing such 

action. 

* * * * * 

2.8.1 Except as otherwise provided in this 

section, no reference method or equivalent 

method may be used in a SLAMS network if 

it has been modified in a manner that could 

significantly alter the performance 

characteristics of the method without prior 

approval by the Administrator. For purposes 

of this section, ‘‘alternative method’’ means 

an analyzer, the use of which has been 

approved under section 2.5 or 2.6 of this 

appendix or some combination thereof. 

* * * * * 

2.8.5 A temporary modification that 

could alter the performance characteristics of 

a reference or equivalent may be made 

without prior approval under this section if 

the method is not functioning or is 

malfunctioning, provided that parts 

necessary for repair in accordance with the 

applicable operation manual cannot be 

obtained within 45 days. Unless such 

temporary modification is later approved 

under section 2.8.4 of this appendix, the 

temporarily modified method shall be 

repaired in accordance with the applicable 

operation manual as quickly as practicable 

but in no event later than 4 months after the 

temporary modification was made, unless an 

extension of time is granted by the 

Administrator. Unless and until the 

temporary modification is approved, air 

quality data obtained with the method as 

temporarily modified must be clearly 

identified as such when submitted in 

accordance with § 58.16 and must be 

accompanied by a report containing the 

information specified in section 2.8.3 of this 

appendix. A request that the Administrator 

approve a temporary modification may be 

submitted in accordance with sections 2.8.1 

through 2.8.4 of this appendix. In such cases, 

the request will be considered as if a request 

for prior approval had been made. 

* * * * * 

3.1 Methods employed in NCore 

multipollutant sites used to measure SO2, 

CO, NO2, O3, PM2.5, or PM10–2.5 must be 

reference or equivalent methods as defined in 

§ 50.1 of this chapter for any monitors 


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103656 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 

intended for comparison with applicable 

NAAQS. 

* * * * * 

■ 7. Amend appendix E to part 58 by 

revising table E–3 to section 2.7 and 

table E–6 to section 3.8 to read as 

follows: 

Appendix E to Part 58—Probe and 

Monitoring Path Siting Criteria for 

Ambient Air Quality Monitoring 

* * * * * 

2.7 * * * 

TABLE E–3 TO SECTION 2.7 OF APPENDIX E—SUMMARY OF PROBE SITING CRITERIA

Pollutant Scale 9

Height from 

ground to 

probe 8

(meters) 

Horizontal or 

vertical distance 

from supporting 

structures 1 8 to 

probe inlet 

(meters) 

Distance from 

drip line of 

trees to 

probe 8

(meters) 

Distance from roadways 

to probe 8

(meters) 

SO2 2345 ........................... Middle, Neighborhood, Urban, and Regional ............ 2.0–15 ≥1.0 ≥10 N/A. 

CO 346 .............................. Micro [downtown or street canyon sites] ................... 2.5–3.5 ≥1.0 ≥10 2.0–10 for downtown 

areas or street canyon 

microscale. 

CO 346 .............................. Micro [Near-Road sites] ............................................. 2.0–7.0 ≥1.0 ≥10 ≤50 for near-road 

microscale. 

CO 346 .............................. Middle and Neighborhood ......................................... 2.0–15 ≥1.0 ≥10 See Table E–2 of this appendix for middle and 

neighborhood scales. 

O3 234 ............................... Middle, Neighborhood, Urban, and Regional ............ 2.0–15 ≥1.0 ≥10 See Table E–1 of this appendix. 

NO2 234 ............................. Micro .......................................................................... 2.0–7.0 ≥1.0 ≥10 ≤50 for near-road microscale. 

NO2 234 ............................. Middle, Neighborhood, Urban, and Regional ............ 2.0–15 ≥1.0 ≥10 See Table E–1 of this appendix. 

PAMS234 Ozone precursors.Neighborhood and Urban .......................................... 2.0–15 ≥1.0 ≥10 See Table E–1 of this appendix. 

PM, Pb 2347 ..................... Micro .......................................................................... 2.0–7.0 ≥2.0 (horizontal 

distance only) 

≥10 See Figure E–1 of this 

appendix. 

PM, Pb 2347 ..................... Middle, Neighborhood, Urban and Regional ............. 2.0–15 ≥2.0 (horizontal 

distance only) 

≥10 See Figure E–1 of this 

appendix. 

N/A—Not applicable. 

1When a probe is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on the roof. 

2Should be greater than 20 meters from the dripline of tree(s) and must be 10 meters from the dripline. 

3 Distance from sampler or probe inlet to obstacle, such as a building, must be at least twice the height the obstacle protrudes above the sampler or probe inlet. 

Sites not meeting this criterion may be classified as microscale or middle scale (see paragraphs 2.3(a) and 2.3(c) of this appendix). 4 Must have unrestricted airflow in a continuous arc of at least 270 degrees around the probe or sampler; 180 degrees if the probe is on the side of a building or a 

wall for street canyon monitoring. 5The probe or sampler should be away from minor sources, such as furnace or incineration flues. The separation distance is dependent on the height of the minor 

source emission point(s), the type of fuel or waste burned, and the quality of the fuel (sulfur, ash, or lead content). This criterion is designed to avoid undue influences 

from minor sources. 6For microscale CO monitoring sites, the probe must be ≥10 meters from a street intersection and preferably at a midblock location. 7 Collocated monitor inlets must be within 4.0 meters of each other and at least 2.0 meters apart for flow rates greater than 200 liters/min or at least 1.0 meter apart 

for samplers having flow rates less than 200 liters/min to preclude airflow interference, unless a waiver has been granted by the Regional Administrator pursuant to 

paragraph 3.3.4.2(c) of appendix A of to this part. For PM2.5, collocated monitor inlet heights should be within 1.0 meter of each other vertically. 8All distances listed are expressed as having 2 significant figures. When rounding is performed to assess compliance with these siting requirements, the distance 

measurements will be rounded such as to retain at least two significant figures. 9See section 1.2 of appendix D to this part for definitions of monitoring scales. 

* * * * * 3.8 * * * 

TABLE E–6 TO SECTION 3.8 OF APPENDIX E—SUMMARY OF MONITORING PATH SITING CRITERIA

Pollutant Maximum monitoring path length 9 10

Height from 

ground to 80% of 

monitoring path 1 8

(meters) 

Horizontal or 

vertical distance 

from supporting 

structures 2 to 

90% of monitoring 

path 1 8

(meters) 

Distance from 

trees to 90% 

of monitoring 

path 1 8

(meters) 

Distance from roadways 

to monitoring path 1 8

(meters) 

SO2 3456 ......................... <= 300 m for Middle ...............................................

<= 1.0 km for Neighborhood, Urban, and Regional 

2.0–15 ≥1.0 ≥10 N/A. 

CO 457 ............................. <= 300 m for Micro [downtown or street canyon 

sites].

2.5–3.5 ≥1.0 ≥10 2.0–10 for downtown 

areas or street canyon 

microscale. 

CO 457 ............................. <= 300 m for Micro [Near-Road sites] ................... 2.0–7.0 ≥1.0 ≥10 ≤50 for near-road 

microscale. 

CO 457 ............................. <= 300 m for Middle ............................................... 2.0–15 ≥1.0 ≥10 See Table E–5. 

CO 457 ............................. <= 1.0 km for Neighborhood .................................. 2.0–15 ≥1.0 ≥10 See Table E–5. 

O3 345 .............................. <= 300 m for Middle ............................................... 2.0–15 ≥1.0 ≥10 See Table E–4. 

O3 345 .............................. <= 1.0 km for Neighborhood, Urban, and Regional 2.0–15 ≥1.0 ≥10 See Table E–4. 

NO2 345 ........................... Between 50 m-300 m for Micro (Near-Road) ........ 2.0–7.0 ≥1.0 ≥10 ≤50 for near-road microscale. 

NO2 345 ........................... <= 300 m for Middle ............................................... 2.0–15 ≥1.0 ≥10 See Table E–4 of this 

appendix. 

NO2 345 ........................... <= 1.0 km for Neighborhood, Urban, and Regional 2.0–15 ≥1.0 ≥10 See Table E–4 of this 

appendix. 


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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 103657 

1A DV is a statistic used to compare data 

collected at an ambient air quality monitoring site 

to the applicable NAAQS to determine compliance 

with the standard. The data handling conventions 

for calculating DVs for the 2015 ozone NAAQS are 

specified in appendix U to 40 CFR part 50. The DV 

for the 2015 ozone NAAQS is the 3-year average of 

the annual fourth highest daily maximum 8-hour 

average ozone concentration. The DV is calculated 

for each air quality monitor in an area, and the DV 

for an area is the highest DV among the individual 

monitoring sites located in the area. 

TABLE E–6 TO SECTION 3.8 OF APPENDIX E—SUMMARY OF MONITORING PATH SITING CRITERIA—Continued 

Pollutant Maximum monitoring path length 9 10

Height from 

ground to 80% of 

monitoring path 1 8

(meters) 

Horizontal or 

vertical distance 

from supporting 

structures 2 to 

90% of monitoring 

path 1 8

(meters) 

Distance from 

trees to 90% 

of monitoring 

path 1 8

(meters) 

Distance from roadways 

to monitoring path 1 8

(meters) 

PAMS345 Ozone precursors.<= 1.0 km for Neighborhood and Urban ................ 2.0–15 ≥1.0 ≥10 See Table E–4 of this 

appendix. 

N/A—Not applicable. 

1 Monitoring path for open path analyzers is applicable only to middle or neighborhood scale CO monitoring, middle, neighborhood, urban, and regional scale NO2

monitoring, and all applicable scales for monitoring SO2, O3, and O3 precursors. 2When the monitoring path is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on roof. 

3At least 90 percent of the monitoring path should be greater than 20 meters from the dripline of tree(s) and must be 10-meters from the dripline. 

4 Distance from 90 percent of monitoring path to obstacle, such as a building, must be at least twice the height the obstacle protrudes above the monitoring path. 

Sites not meeting this criterion may be classified as microscale or middle scale (see text). 5 Must have unrestricted airflow 270 degrees around at least 90 percent of the monitoring path; 180 degrees if the monitoring path is adjacent to the side of a building or a wall for street canyon monitoring. 6The monitoring path should be away from minor sources, such as furnace or incineration flues. The separation distance is dependent on the height of the minor 

source’s emission point (such as a flue), the type of fuel or waste burned, and the quality of the fuel (sulfur, ash, or lead content). This criterion is designed to avoid 

undue influences from minor sources. 7For microscale CO monitoring sites, the monitoring path must be ≥10. meters from a street intersection and preferably at a midblock location. 8All distances listed are expressed as having 2 significant figures. When rounding is performed to assess compliance with these siting requirements, the distance 

measurements will be rounded such as to retain at least two significant figures. 9See section 1.2 of appendix D to this part for definitions of monitoring scales. 

10See section 3.7 of this appendix. 

* * * * * 

[FR Doc. 2024–29223 Filed 12–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2024–0553; FRL–12419– 

01–R9] 

Finding of Failure To Attain and 

Reclassification of Las Vegas Area as 

Serious for the 2015 Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Las Vegas, Nevada area failed to attain 

the 2015 ozone national ambient air 

quality standards (NAAQS or 

‘‘standards’’) by the applicable 

attainment date. The effect of failing to 

attain by the applicable attainment date 

is that the area will be reclassified by 

operation of law from ‘‘Moderate’’ to 

‘‘Serious’’ nonattainment for the 2015 

ozone NAAQS on January 21, 2025, the 

effective date of this final rule. This 

action fulfills the EPA’s obligation 

under the Clean Air Act (CAA) to 

determine whether the Las Vegas, 

Nevada ozone nonattainment area 

attained the NAAQS by the attainment 

date and to publish a document in the 

Federal Register identifying the area as 

having failed to attain and identifying 

the reclassification. 

DATES: This final rule is effective on 

January 21, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2024–0553. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Lindsay Wickersham, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4192, or by 

email at wickersham.lindsay@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Overview of Action 

II. What is the background for this action? 

III. What is the statutory authority for this 

action? 

IV. How does the EPA determine whether an 

area has attained the standards? 

V. What is the EPA’s determination for the 

area? 

VI. What action is the EPA taking? 

VII. Statutory and Executive Order Reviews 

I. Overview of Action 

The EPA is required to determine 

whether areas designated nonattainment 

for an ozone NAAQS attained the 

standards by the applicable attainment 

date, and to take certain steps for areas 

that failed to attain (see CAA section 

181(b)(2)). The EPA’s determination of 

attainment for the 2015 ozone NAAQS 

is based on a nonattainment area’s 

design value (DV) as of the attainment 

date.1

The 2015 ozone NAAQS is met at an 

EPA regulatory monitoring site when 

the DV does not exceed 0.070 parts per 

million (ppm). For the Moderate 

nonattainment areas for the 2015 ozone 

NAAQS addressed in this action, the 

attainment date was August 3, 2024. 

Because the DV is based on the three 

most recent, complete calendar years of 

data, attainment must occur no later 

than December 31 of the year prior to 

the attainment date (i.e., December 31, 

2023, in the case of Moderate 

nonattainment areas for the 2015 ozone 

NAAQS). As such, the EPA’s 

determinations for each area are based 

upon the complete, quality-assured, and 

certified ozone monitoring data from 

calendar years 2021, 2022, and 2023. 

This action addresses one area in 

Nevada that was classified as Moderate 

for the 2015 ozone NAAQS as of the 


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