[Code of Federal Regulations]
[Title 40, Volume 2]
[Revised as of July 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR50.14]
[Page 10-12]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 50_NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY
STANDARDS--Table of Contents
Sec. 50.14 Treatment of air quality monitoring data influenced by
exceptional events.
(a) Requirements. (1) A State may request EPA to exclude data
showing exceedances or violations of the national ambient air quality
standard that are directly due to an exceptional event from use in
determinations by demonstrating to EPA's satisfaction that such event
caused a specific air pollution concentration at a particular air
quality monitoring location.
(2) Demonstration to justify data exclusion may include any reliable
and accurate data, but must demonstrate a clear causal relationship
between the measured exceedance or violation of such standard and the
event in accordance with paragraph (c)(3)(iv) of this section.
(b) Determinations by EPA. (1) EPA shall exclude data from use in
determinations of exceedances and NAAQS violations where a State
demonstrates to EPA'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 otherwise satisfies the requirements of this section.
(2) EPA shall exclude data from use in determinations of exceedances
and NAAQS violations where a State demonstrates to EPA's satisfaction
that emissions from fireworks 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 otherwise
satisfies the requirements of this section. Such data will be treated in
the same manner as exceptional events under this rule, 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 satisfy the requirements
of this section.
(3) EPA shall exclude data from use in determinations of exceedances
and NAAQS violations, where a State demonstrates to EPA'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 air 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
Sec. 50.1(j), and provided that the State has certified to EPA that it
has adopted and is implementing a Smoke Management Program or the State
has ensured that the burner employed basic smoke management practices.
If an exceptional event occurs using the basic smoke management
[[Page 11]]
practices approach, the State must undertake a review of its approach to
ensure public health is being protected and must include consideration
of development of a SMP.
(4) [Reserved]
(c) Schedules and Procedures. (1) Public notification.
(i) All States and, where applicable, their political subdivisions
must notify the public promptly whenever an event occurs or is
reasonably anticipated to occur which may result in the exceedance of an
applicable air quality standard.
(ii) [Reserved]
(2) Flagging of data.
(i) A State shall notify EPA of its intent to exclude one or more
measured exceedances of an applicable ambient air quality standard as
being due to an exceptional event by 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 the 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 EPA review, EPA 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 1st 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) of this section.
(iv) For PM2.5 data collected during calendar years 2004-
2006, 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 event no later than October 1, 2007. EPA may grant an extension,
if a State requests an extension, and permit the State to submit the
notification of the flag and initial description by no later than
December 1, 2007.
(v) For lead (Pb) data collected during calendar years 2006-2008,
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 event no later than July 1, 2009. For Pb data collected during
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 event no later than July 1, 2010. For Pb data
collected during calendar year 2010, 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 event no later than May 1,
2011.
(vi) When EPA sets a NAAQS for a new pollutant or revises the NAAQS
for an existing pollutant, it may revise or set a new schedule for
flagging exceptional event data, providing initial data descriptions and
providing detailed data documentation in AQS for the initial
designations of areas for those NAAQS: Table 1 provides the schedule for
submission of flags with initial descriptions in AQS and detailed
documentation and the schedule shall apply for those data which will or
may influence the initial designation of areas for those NAAQS. EPA
anticipates revising Table 1 as necessary to accommodate revised data
submission schedules for new or revised NAAQS.
Table 1--Schedule for Exceptional Event Flagging and Documentation Submission for Data To Be Used in
Designations Decisions for New or Revised NAAQS
----------------------------------------------------------------------------------------------------------------
Air quality data Event flagging &
NAAQS pollutant/ standard/(level)/ collected for calendar initial description Detailed documentation
promulgation date year deadline submission deadline
----------------------------------------------------------------------------------------------------------------
PM2.5/24-Hr Standard (35 [micro]g/ 2004-2006.............. October 1, 2007\a\..... April 15, 2008.\a\
m\3\) Promulgated October 17, 2006.
[[Page 12]]
Ozone/8-Hr Standard (0.075 ppm) 2005-2007.............. June 18, 2009\b\....... June 18, 2009.\b\
Promulgated March 12, 2008.
2008................... June 18, 2009\b\....... June 18, 2009.\b\
2009................... 60 Days after the end 60 Days after the end
of the calendar of the calendar
quarter in which the quarter in which the
event occurred or event occurred or
February 5, 2010, February 5, 2010,
whichever date occurs whichever date occurs
first.\b\. first.\b\
----------------------------------------------------------------------------------------------------------------
\a\ These dates are unchanged from those published in the original rulemaking, and are shown in this table for
informational purposes.
\b\ Indicates change from general schedule in 40 CFR 50.14.
Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final
initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most
notably, for data used by EPA for redesignations to attainment.
(3) Submission of demonstrations.
(i) A State that has flagged data as being due to an exceptional
event and is requesting exclusion of the affected measurement data
shall, after notice and opportunity for public comment, submit a
demonstration to justify data exclusion to EPA not later than the lesser
of, 3 years following the 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) A State that flags data collected 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
letter on nonattainment areas.
(iii) A State that flags Pb data collected during calendar years
2006-2009, pursuant to paragraph (c)(2)(v) of this section shall, after
notice and opportunity for public comment, submit to EPA a demonstration
to justify exclusion of the data not later than October 15, 2010. A
State that flags Pb data collected during calendar year 2010 shall,
after notice and opportunity for public comment, submit to EPA a
demonstration to justify the exclusion of the data not later than May 1,
2011. A state must submit the public comments it received along with its
demonstration to EPA.
(iv) The demonstration to justify data exclusion shall provide
evidence that:
(A) The event satisfies the criteria set forth in 40 CFR 50.1(j);
(B) There is a clear causal relationship between the measurement
under consideration and the event that is claimed to have affected the
air quality in the area;
(C) The event is associated with a measured concentration in excess
of normal historical fluctuations, including background; and
(D) There would have been no exceedance or violation but for the
event.
(v) With the submission of the demonstration, the State must
document that the public comment process was followed.
[72 FR 13580, Mar. 22, 2007; 72 FR 28612, May 22, 2007; 73 FR 67051,
Nov. 12, 2008; 74 FR 70598, Nov. 21, 2008; 74 FR 23312, May 19, 2009]