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40:40:6.0.1.1.6.1.1.1 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE A Subpart A—General Provisions   § 58.1 Definitions. EPA     [81 FR 17276, Mar. 28, 2016, as amended at 89 FR 16388, Mar. 6, 2024] As used in this part, all terms not defined herein have the meaning given them in the Clean Air Act. AADT means the annual average daily traffic. Act means the Clean Air Act as amended (42 U.S.C. 7401, et seq. ) Additive and multiplicative bias means the linear regression intercept and slope of a linear plot fitted to corresponding candidate and reference method mean measurement data pairs. Administrator means the Administrator of the Environmental Protection Agency (EPA) or his or her authorized representative. Air quality system (AQS) means the EPA's computerized system for storing and reporting of information relating to ambient air quality data. AQCR means air quality control region. Area-wide means all monitors sited at neighborhood, urban, and regional scales, as well as those monitors sited at either micro- or middle-scale that are representative of many such locations in the same CBSA. Certifying agency means a state, local, or tribal agency responsible for meeting the data certification requirements in accordance with § 58.15 for a unique set of monitors. Chemical Speciation Network (CSN) includes Speciation Trends Network stations (STN) as specified in paragraph 4.7.4 of appendix D of this part and supplemental speciation stations that provide chemical species data of fine particulate. CO means carbon monoxide. Combined statistical area (CSA) is defined by the U.S. Office of Management and Budget as a geographical area consisting of two or more adjacent Core Based Statistical Areas (CBSA) with employment interchange of at least 15 percent. Combination is automatic if the employment interchange is 25 percent and determined by local opinion if more than 15 but less than 25 percent. Core-based statistical area (CBSA) is defined by the U.S. Office of Management and Budget, as a statistical geographic entity consisting of the county or counties associated with at least one urbanized area/urban cluster of at least 10,000 population, plus adjacent counties having a high degree of socia…
40:40:6.0.1.1.6.1.1.2 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE A Subpart A—General Provisions   § 58.2 Purpose. EPA       (a) This part contains requirements for measuring ambient air quality and for reporting ambient air quality data and related information. The monitoring criteria pertain to the following areas: (1) Quality assurance procedures for monitor operation and data handling. (2) Methodology used in monitoring stations. (3) Operating schedule. (4) Siting parameters for instruments or instrument probes. (5) Minimum ambient air quality monitoring network requirements used to provide support to the State implementation plans (SIP), national air quality assessments, and policy decisions. These minimums are described as part of the network design requirements, including minimum numbers and placement of monitors of each type. (6) Air quality data reporting, and requirements for the daily reporting of an index of ambient air quality. (b) The requirements pertaining to provisions for an air quality surveillance system in the SIP are contained in this part. (c) This part also acts to establish a national ambient air quality monitoring network for the purpose of providing timely air quality data upon which to base national assessments and policy decisions.
40:40:6.0.1.1.6.1.1.3 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE A Subpart A—General Provisions   § 58.3 Applicability. EPA       This part applies to: (a) State air pollution control agencies. (b) Any local air pollution control agency to which the State has delegated authority to operate a portion of the State's SLAMS network. (c) Owners or operators of proposed sources.
40:40:6.0.1.1.6.2.1.1 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE B Subpart B—Monitoring Network   § 58.10 Annual monitoring network plan and periodic network assessment. EPA     [71 FR 61298, Oct. 17, 2006, as amended at 72 FR 32210, June 12, 2007; 73 FR 67059, Nov. 12, 2008; 73 FR 77517, Dec. 19, 2008; 75 FR 6534, Feb. 9, 2010; 75 FR 35601, June 22, 2010; 75 FR 81137, Dec. 27, 2010; 76 FR 54341, Aug. 31, 2011; 78 FR 16188, Mar. 14, 2013; 78 FR 3282, Jan. 15, 2013; 80 FR 65466, Oct. 26, 2015; 81 FR 17279, Mar. 28, 2016; 81 FR 96388, Dec. 30, 2016; 89 FR 16388, Mar. 6, 2024] (a)(1) Beginning July 1, 2007, the State, or where applicable local, agency shall submit to the Regional Administrator an annual monitoring network plan which shall provide for the documentation of the establishment and maintenance of an air quality surveillance system that consists of a network of SLAMS monitoring stations that can include FRM and FEM monitors that are part of SLAMS, NCore, CSN, PAMS, and SPM stations. The plan shall include a statement of whether the operation of each monitor meets the requirements of appendices A, B, C, D, and E to this part, where applicable. The Regional Administrator may require additional information in support of this statement. The annual monitoring network plan must be made available for public inspection and comment for at least 30 days prior to submission to the EPA and the submitted plan shall include and address, as appropriate, any received comments. (2) Any annual monitoring network plan that proposes network modifications (including new or discontinued monitoring sites, new determinations that data are not of sufficient quality to be compared to the NAAQS, and changes in identification of monitors as suitable or not suitable for comparison against the annual PM 2.5 NAAQS) to SLAMS networks is subject to the approval of the EPA Regional Administrator, who shall approve or disapprove the plan within 120 days of submission of a complete plan to the EPA. (3) The plan for establishing required NCore multipollutant stations shall be submitted to the Administrator not later than July 1, 2009. The plan shall provide for all required stations to be operational by January 1, 2011. (4) A plan for establishing source-oriented Pb monitoring sites in accordance with the requirements of appendix D to this part for Pb sources emitting 1.0 tpy or greater shall be submitted to the EPA Regional Administrator no later than July 1, 2009, as part of the annual network plan required in paragraph (a)(1) of this section. The plan shall provide for the required source-oriented Pb moni…
40:40:6.0.1.1.6.2.1.2 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE B Subpart B—Monitoring Network   § 58.11 Network technical requirements. EPA     [71 FR 61298, Oct. 17, 2006, as amended at 78 FR 3282, Jan. 15, 2013; 80 FR 65466, Oct. 26, 2015; 81 FR 17279, Mar. 28, 2016; 89 FR 16389, Mar. 6, 2024] (a)(1) State and local governments shall follow the applicable quality assurance criteria contained in appendix A to this part when operating the SLAMS networks. (2) Beginning January 1, 2009, State and local governments shall follow the quality assurance criteria contained in appendix A to this part that apply to SPM sites when operating any SPM site which uses an FRM or an FEM and meets the requirements of appendix E to this part, unless the Regional Administrator approves an alternative to the requirements of appendix A with respect to such SPM sites because meeting those requirements would be physically and/or financially impractical due to physical conditions at the monitoring site and the requirements are not essential to achieving the intended data objectives of the SPM site. Alternatives to the requirements of appendix A may be approved for an SPM site as part of the approval of the annual monitoring plan, or separately. (3) The owner or operator of an existing or a proposed source shall follow the quality assurance criteria in appendix B to this part that apply to PSD monitoring when operating a PSD site. (b) State and local governments must follow the criteria in appendix C to this part to determine acceptable monitoring methods or instruments for use in SLAMS networks. Appendix C criteria are optional at SPM stations. (c) State and local governments must follow the network design criteria contained in appendix D to this part in designing and maintaining the SLAMS stations. The final network design and all changes in design are subject to approval of the Regional Administrator. NCore and STN network design and changes are also subject to approval of the Administrator. Changes in SPM stations do not require approvals, but a change in the designation of a monitoring site from SLAMS to SPM requires approval of the Regional Administrator. (d) State and local governments must follow the criteria contained in appendix E to this part for siting monitor inlets, paths or probes at SLAMS stations. Appendix E…
40:40:6.0.1.1.6.2.1.3 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE B Subpart B—Monitoring Network   § 58.12 Operating schedules. EPA     [71 FR 61298, Oct. 17, 2006, as amended at 72 FR 32210, June 12, 2007; 75 FR 35601, June 22, 2010; 78 FR 3282, Jan. 15, 2013; 81 FR 17279, Mar. 28, 2016; 89 FR 16389, Mar. 6, 2024] State and local governments shall collect ambient air quality data at any SLAMS station on the following operational schedules: (a) For continuous analyzers, consecutive hourly averages must be collected except during: (1) Periods of routine maintenance, (2) Periods of instrument calibration, or (3) Periods or monitoring seasons exempted by the Regional Administrator. (b) For Pb manual methods, at least one 24-hour sample must be collected every 6 days except during periods or seasons exempted by the Regional Administrator. (c) For PAMS VOC samplers, samples must be collected as specified in section 5 of appendix D to this part. Area-specific PAMS operating schedules must be included as part of the PAMS network description and must be approved by the Regional Administrator. (d) For manual PM 2.5 samplers: (1)(i) Manual PM 2.5 samplers at required SLAMS stations without a collocated continuously operating PM 2.5 monitor must operate on at least a 1-in-3 day schedule unless a waiver for an alternative schedule has been approved per paragraph (d)(1)(ii) of this section. (ii) For SLAMS PM 2.5 sites with both manual and continuous PM 2.5 monitors operating, the monitoring agency may request approval for a reduction to 1-in-6 day PM 2.5 sampling or for seasonal sampling from the EPA Regional Administrator. Other requests for a reduction to 1-in-6 day PM 2.5 sampling or for seasonal sampling may be approved on a case-by-case basis. The EPA Regional Administrator may grant sampling frequency reductions after consideration of factors (including but not limited to the historical PM 2.5 data quality assessments, the location of current PM 2.5 design value sites, and their regulatory data needs) if the Regional Administrator determines that the reduction in sampling frequency will not compromise data needed for implementation of the NAAQS. Required SLAMS stations whose measurements determine the design value for their area and that are within plus or minus 10 percent of the annual NAAQS, and all required s…
40:40:6.0.1.1.6.2.1.4 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE B Subpart B—Monitoring Network   § 58.13 Monitoring network completion. EPA     [71 FR 61298, Oct. 17, 2006, as amended at 73 FR 67059, Nov. 12, 2008; 75 FR 6534, Feb. 9, 2010; 75 FR 35601, June 22, 2010; 75 FR 81137, Dec. 27, 2010; 76 FR 54341, Aug. 31, 2011; 78 FR 16188, Mar. 14, 2013; 78 FR 3283, Jan. 15, 2013; 80 FR 65466, Oct. 26, 2015; 81 FR 96388, Dec. 30, 2016; 85 FR 837, Jan. 8, 2020] (a) The network of NCore multipollutant sites must be physically established no later than January 1, 2011, and at that time, operating under all of the requirements of this part, including the requirements of appendices A, C, D, E, and G to this part. NCore sites required to conduct Pb monitoring as required under 40 CFR part 58 appendix D paragraph 3(b), or approved alternative non-source-oriented Pb monitoring sites, shall begin Pb monitoring in accordance with all of the requirements of this part, including the requirements of appendices A, C, D, E, and G to this part no later than December 27, 2011. (b) Not withstanding specific dates included in this part, beginning January 1, 2008, when existing networks are not in conformance with the minimum number of required monitors specified in this part, additional required monitors must be identified in the next applicable annual monitoring network plan, with monitoring operation beginning by January 1 of the following year. To allow sufficient time to prepare and comment on Annual Monitoring Network Plans, only monitoring requirements effective 120 days prior to the required submission date of the plan (i.e., 120 days prior to July 1 of each year) shall be included in that year's annual monitoring network plan. (c) The NO 2 monitors required under Appendix D, section 4.3 of this part must be physically established and operating under all of the requirements of this part, including the requirements of appendices A, C, D, and E to this part, no later than: (1) January 1, 2013, for area-wide NO 2 monitors required in Appendix D, section 4.3.3; (2) January 1, 2013, for NO 2 monitors intended to characterize vulnerable and susceptible populations that are required in Appendix D, section 4.3.4; (3) January 1, 2014, for an initial near-road NO 2 monitor in CBSAs having 1,000,000 million or more persons that is required in Appendix D, section 4.3.2; (4) January 1, 2015, for a second near-road NO 2 monitor in CBSAs that have a population of 2,500,000 or more per…
40:40:6.0.1.1.6.2.1.5 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE B Subpart B—Monitoring Network   § 58.14 System modification. EPA     [71 FR 61298, Oct. 17, 2006, as amended at 81 FR 17280, Mar. 28, 2016] (a) The state, or where appropriate local, agency shall develop a network modification plan and schedule to modify the ambient air quality monitoring network that addresses the findings of the network assessment required every 5 years by § 58.10(d). The network modification plan shall be submitted as part of the Annual Monitoring Network Plan that is due no later than the year after submittal of the network assessment. (b) Nothing in this section shall preclude the State, or where appropriate local, agency from making modifications to the SLAMS network for reasons other than those resulting from the periodic network assessments. These modifications must be reviewed and approved by the Regional Administrator. Each monitoring network may make or be required to make changes between the 5-year assessment periods, including for example, site relocations or the addition of PAMS networks in bumped-up ozone nonattainment areas. These modifications must address changes invoked by a new census and changes due to changing air quality levels. The State, or where appropriate local, agency shall provide written communication describing the network changes to the Regional Administrator for review and approval as these changes are identified. (c) State, or where appropriate, local agency requests for SLAMS monitor station discontinuation, subject to the review of the Regional Administrator, will be approved if any of the following criteria are met and if the requirements of appendix D to this part, if any, continue to be met. Other requests for discontinuation may also be approved on a case-by-case basis if discontinuance does not compromise data collection needed for implementation of a NAAQS and if the requirements of appendix D to this part, if any, continue to be met. (1) Any PM 2.5 , O 3 , CO, PM 10 , SO 2 , Pb, or NO 2 SLAMS monitor which has shown attainment during the previous five years, that has a probability of less than 10 percent of exceeding 80 percent of the applicable NAAQS during the next three years based…
40:40:6.0.1.1.6.2.1.6 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE B Subpart B—Monitoring Network   § 58.15 Annual air monitoring data certification. EPA     [89 FR 16389, Mar. 6, 2024] (a) The State, or where appropriate local, agency shall submit to the EPA Regional Administrator an annual air monitoring data certification letter to certify data collected by FRM and FEM monitors at SLAMS and SPM sites that meet criteria in appendix A to this part from January 1 to December 31 of the previous year. The head official in each monitoring agency, or his or her designee, shall certify that the previous year of ambient concentration and quality assurance data are completely submitted to AQS and that the ambient concentration data are accurate to the best of her or his knowledge, taking into consideration the quality assurance findings. The annual data certification letter is due by May 1 of each year. (b) Along with each certification letter, the State shall submit to the Regional Administrator an annual summary report of all the ambient air quality data collected by FRM and FEM monitors at SLAMS and SPM sites. The annual report(s) shall be submitted for data collected from January 1 to December 31 of the previous year. The annual summary serves as the record of the specific data that is the object of the certification letter. (c) Along with each certification letter, the State shall submit to the Regional Administrator a summary of the precision and accuracy data for all ambient air quality data collected by FRM and FEM monitors at SLAMS and SPM sites. The summary of precision and accuracy shall be submitted for data collected from January 1 to December 31 of the previous year.
40:40:6.0.1.1.6.2.1.7 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE B Subpart B—Monitoring Network   § 58.16 Data submittal and archiving requirements. EPA     [71 FR 61298, Oct. 17, 2006, as amended at 73 FR 67059, Nov. 12, 2008; 75 FR 6534, Feb. 9, 2010; 75 FR 35602, June 22, 2010; 78 FR 3283, Jan. 15, 2013; 81 FR 17280, Mar. 28, 2016] (a) The state, or where appropriate, local agency, shall report to the Administrator, via AQS all ambient air quality data and associated quality assurance data for SO 2 ; CO; O 3 ; NO 2 ; NO; NO y ; NO X ; Pb-TSP mass concentration; Pb-PM 10 mass concentration; PM 10 mass concentration; PM 2.5 mass concentration; for filter-based PM 2.5 FRM/FEM, the field blank mass; chemically speciated PM 2.5 mass concentration data; PM 10-2.5 mass concentration; meteorological data from NCore and PAMS sites; and metadata records and information specified by the AQS Data Coding Manual ( https://www.epa.gov/sites/production/files/2015-09/documents/aqs_data_coding_manual_0.pdf ). Air quality data and information must be submitted directly to the AQS via electronic transmission on the specified schedule described in paragraphs (b) and (d) of this section. (b) The specific quarterly reporting periods are January 1-March 31, April 1-June 30, July 1-September 30, and October 1-December 31. The data and information reported for each reporting period must contain all data and information gathered during the reporting period, and be received in the AQS within 90 days after the end of the quarterly reporting period. For example, the data for the reporting period January 1-March 31 are due on or before June 30 of that year. (c) Air quality data submitted for each reporting period must be edited, validated, and entered into the AQS (within the time limits specified in paragraphs (b) and (d) of this section) pursuant to appropriate AQS procedures. The procedures for editing and validating data are described in the AQS Data Coding Manual and in each monitoring agency's quality assurance project plan. (d) The state shall report VOC and if collected, carbonyl, NH 3 , and HNO 3 data from PAMS sites, and chemically speciated PM 2.5 mass concentration data to AQS within 6 months following the end of each quarterly reporting period listed in paragraph (b) of this section. (e) The State shall also submit any portion or all of the SLAMS…
40:40:6.0.1.1.6.3.1.1 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE C Subpart C—Special Purpose Monitors   § 58.20 Special purpose monitors (SPM). EPA     [71 FR 61298, Oct. 17, 2006, as amended at 72 FR 32210, June 12, 2007; 73 FR 67060, Nov. 12, 2008; 78 FR 3283, Jan. 15, 2013; 89 FR 16390, Mar. 6, 2024] (a) An SPM is defined as any monitor included in an agency's monitoring network that the agency has designated as a special purpose monitor in its annual monitoring network plan and in AQS, and which the agency does not count when showing compliance with the minimum requirements of this subpart for the number and siting of monitors of various types. Any SPM operated by an air monitoring agency must be included in the periodic assessments and annual monitoring network plan required by § 58.10. The plan shall include a statement of purposes for each SPM monitor and evidence that operation of each monitor meets the requirements of appendix A or an approved alternative as provided by § 58.11(a)(2) where applicable. The monitoring agency may designate a monitor as an SPM after January 1, 2007 only if it is a new monitor, i.e., a SLAMS monitor that is not included in the currently applicable monitoring plan or, for a monitor included in the monitoring plan prior to January 1, 2007, if the Regional Administrator has approved the discontinuation of the monitor as a SLAMS site. (b) Any SPM data collected by an air monitoring agency using a Federal reference method (FRM) or Federal equivalent method (FEM) must meet the requirements of §§ 58.11 and 58.12 and appendix A to this part or an approved alternative to appendix A. Compliance with appendix E to this part is optional but encouraged except when the monitoring agency's data objectives are inconsistent with the requirements in appendix E. Data collected at an SPM using a FRM or FEM meeting the requirements of appendix A must be submitted to AQS according to the requirements of § 58.16. Data collected by other SPMs may be submitted. The monitoring agency must also submit to AQS an indication of whether each SPM reporting data to AQS monitor meets the requirements of appendices A and E. (c) All data from an SPM using an FRM or FEM which has operated for more than 24 months are eligible for comparison to the relevant NAAQS, subject to the conditions of §§ 58.11(e) and 58…
40:40:6.0.1.1.6.4.1.1 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE D Subpart D—Comparability of Ambient Data to the NAAQS   § 58.30 Special considerations for data comparisons to the NAAQS. EPA     [71 FR 61302, Oct. 17, 2006, as amended at 78 FR 3283, Jan. 15, 2013] (a) Comparability of PM 2.5 data. The primary and secondary annual and 24-hour PM 2.5 NAAQS are described in part 50 of this chapter. Monitors that follow the network technical requirements specified in § 58.11 are eligible for comparison to the NAAQS subject to the additional requirements of this section. PM 2.5 measurement data from all eligible monitors are comparable to the 24-hour PM 2.5 NAAQS. PM 2.5 measurement data from all eligible monitors that are representative of area-wide air quality are comparable to the annual PM 2.5 NAAQS. Consistent with appendix D to this part, section 4.7.1, when micro- or middle-scale PM 2.5 monitoring sites collectively identify a larger region of localized high ambient PM 2.5 concentrations, such sites would be considered representative of an area-wide location and, therefore, eligible for comparison to the annual PM 2.5 NAAQS. PM 2.5 measurement data from monitors that are not representative of area-wide air quality but rather of relatively unique micro-scale, or localized hot spot, or unique middle-scale impact sites are not eligible for comparison to the annual PM 2.5 NAAQS. PM 2.5 measurement data from these monitors are eligible for comparison to the 24-hour PM 2.5 NAAQS. For example, if a micro- or middle-scale PM 2.5 monitoring site is adjacent to a unique dominating local PM 2.5 source, then the PM 2.5 measurement data from such a site would only be eligible for comparison to the 24-hour PM 2.5 NAAQS. Approval of sites that are suitable and sites that are not suitable for comparison with the annual PM 2.5 NAAQS is provided for as part of the annual monitoring network plan described in § 58.10. (b) [Reserved]
40:40:6.0.1.1.6.6.1.1 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE F Subpart F—Air Quality Index Reporting   § 58.50 Index reporting. EPA     [71 FR 61302, Oct. 17, 2006, as amended at 80 FR 65466, Oct. 26, 2015] (a) The State or where applicable, local agency shall report to the general public on a daily basis through prominent notice an air quality index that complies with the requirements of appendix G to this part. (b) Reporting is required for all individual MSA with a population exceeding 350,000. (c) The population of a metropolitan statistical area for purposes of index reporting is the latest available U.S. census population.
40:40:6.0.1.1.6.7.1.1 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE G Subpart G—Federal Monitoring   § 58.60 Federal monitoring. EPA     [71 FR 61303, Oct. 17, 2006] The Administrator may locate and operate an ambient air monitoring site if the State or local agency fails to locate, or schedule to be located, during the initial network design process, or as a result of the 5-year network assessments required in § 58.10, a SLAMS station at a site which is necessary in the judgment of the Regional Administrator to meet the objectives defined in appendix D to this part.
40:40:6.0.1.1.6.7.1.2 40 Protection of Environment I C 58 PART 58—AMBIENT AIR QUALITY SURVEILLANCE G Subpart G—Federal Monitoring   § 58.61 Monitoring other pollutants. EPA     [71 FR 61303, Oct. 17, 2006] The Administrator may promulgate criteria similar to that referenced in subpart B of this part for monitoring a pollutant for which an NAAQS does not exist. Such an action would be taken whenever the Administrator determines that a nationwide monitoring program is necessary to monitor such a pollutant.

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CREATE TABLE cfr_sections (
    section_id TEXT PRIMARY KEY,
    title_number INTEGER,
    title_name TEXT,
    chapter TEXT,
    subchapter TEXT,
    part_number TEXT,
    part_name TEXT,
    subpart TEXT,
    subpart_name TEXT,
    section_number TEXT,
    section_heading TEXT,
    agency TEXT,
    authority TEXT,
    source_citation TEXT,
    amendment_citations TEXT,
    full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);
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