New York State Department of Environmental Conservation 

Assistant Commissioner 

Office of Air Resources, Climate Change & Energy, 14th Floor 

625 Broadway, Albany, New York 12233-1010 

Phone: (518) 402-8537· Fax: (518) 402-8541 Joe Martens 

Website: www.dec.ny.gov Commissioner 

'JUN "1 2011 

Ms. Judith Enck 

Regional Administrator 

United States Environmental Protection Agency 

290 Broadway, 26th Floor 

New York, New York 10007-1866 

Dear Regional Administrator Enck: 

On June 2,2010, EPA strengthened the primary National Ambient Air Quality Standard 

(NAAQS) for sulfur dioxide (S02) by establishing a new, 1- hour primary NAAQS at the level of 75 

parts per billion (Ppb). This revision ofthe NAAQS requires New York, as a partner with EPA in 

administering the Clean Air Act, to make recommendations to EPA no later than June 2,2011 for 

areas to be designated attainment, nonattainment and/or unc1assifiable. As such, on behalf of Governor 

Andrew Cuomo, I am submitting New York State's attainment designation recommendations for the 

new standard. 

EPA has noted, for a short-term I-hour S02 NAAQS, that it is more teclmically appropriate, 

efficient, and effective to use modeling as the principal means of assessing compliance for medium to 

larger sources, and to rely more on monitoring for groups of smaller sources and sources not conducive 

to modeling. While such an approach is consistent with EPA's historical approach and its longstanding 

guidance for assessing individual and combination of sources of S02, the Department does not believe 

that it is appropriate for determining the attainment status for an entire metropolitan area where 

adequate monitoring exists. Still, to determine compliance with the new I-hour S02 NAAQS, EPA 

anticipates utilizing an approach for implementation that would use monitoring and refined dispersion 

modeling of S02 sources to determine compliance. The Department is committed to completing the 

modeling to determine whether individual sources by themselves or in combination with other sources 

might cause modeled violations ofthe I-hour S02 NAAQS, but is recommending that areas be 

designated based on current monitoring data. 

In the preamble to the June 22, 2010 Final Rule (75 FR 35520), EPA outlined the expected 

process for initially determining attainment status. EPA was concerned that, while monitoring data is 

available for many areas, modeling has not been completed for most sources that could contribute 

significantly to nonattainment. As such, the initial process provides that where a monitored violation 

occurs, the area will be designated as "nonattainment". If monitoring reveals no violations, the 

attainment status of the area will be designated as "unc1assifiable" since modeling results will not be 

available to provide a complete analysis of air quality in a given area. An area would not be designated 

as "attainment" unless there is adequate monitoring data and all applicable sources have been modeled. 
2 

EPA's March 24,2011 guidance memorandum entitled "Area Designations for the 2010 Revised 

Primary Sulfur Dioxide National Ambient Air Quality Standard" states, "EPA may initially designate 

an area as attainment ifit is clear that it meets the S02 NAAQS. EPA does not believe it would be 

appropriate to do so without appropriate refined dispersion modeling and, where available, air quality 

monitoring data indicating no violations ofthe NAAQS. " 

The Department believes that this reliance on modeling is inappropriate and Ulmecessary in New York 

given that its comprehensive network is sufficient to establish whether the air quality within areas in 

New York is in attainment. Source-specific modeling has historically been a part of the permitting 

process where the potential exists for an exceedance of a NAAQS, thereby making such modeling a 

permitting issue. New York expects to continue this practice of using source-specific modeling to 

identify both existing and future situations in which the NAAQS may be exceeded and where controls 

are necessary at specific sources. However, iffuture routine modeling reveals that an exceedance of 

the NAAQS might occur, this will be dealt with on a case-by-case basis. This approach is already 

provided for in New York's air quality program under provisions such as Title 6 of New York Code of 

Rules and Regulations §200.6 which states, "Notwithstanding the provisions ofthis Subchapter, no 

person shall allow or permit any air contamination source to emit air contaminants in quantities which 

alone or in combination with emissions from other air contamination sources would contravene any 

applicable ambient air quality standard and/or cause air pollution. In such cases where contravention 

occurs or may occur, the commissioner shall specify the degree and/or method ofemission control 

required. " 

This initial attainment designation recommendation, therefore, is based solely on New York's S02 

monitoring results, as modeling, in any case (using a refined dispersion model), would not be 

completed prior to the June 2, 2010 deadline for initial attainment designations and is, in the 

Department's opinion, unnecessary given the extensive monitoring data coverage and results presented 

in this submission as well as the authority cited above in 6 NYCRR Part 200. The Department also 

believes that it is inappropriate to place an entire metropolitan area under the specter of nonattainment 

if it has an adequately-sited population exposure-monitoring network that is documenting attainment. 

If an individual source or combination of sources is causing a potential localized violation of the 

NAAQS, it is more appropriate and effective to focus efforts to address nonattainment on these sources 

rather than requiring the entire area to undergo the state implementation plan process. 

The S02 Emissions Monitoring System 

The form of the NAAQS provides that compliance with the standard will be based in part on the threeyear average of the 99th percentile ofthe annual distribution Qfdaily maximum I-hour average 

concentrations for designated areas subject to S02 monitoring. 

Because EPA plans to use a hybrid approach combining air quality modeling and monitoring to 

determine compliance with the new S02 health standard, it is requiring fewer monitors than originally 

proposed, but also setting specific minimum requirements that inform States on where they are 

required to place S02 monitors. 

In revising the ambient air monitoring requirements for S02, New York may need to make adjustments 

to the existing monitoring network in order to ensure that monitors meeting the network design 

regulations for the new I-hour S02 NAAQS are sited and operational by the designated deadline of 

January 1, 2013. 
3 

New Yark State's existing S02 monitoring locations are shown below; this includes all monitors and 

all networks as of calendar year 2009: 

I

'--­

,Plaeco lalltt 

pau,s,Ilh' :; 1 I 

I Whlle ace lodge , 

L' , 1­

8elleeyre Ml C 

camp Ge~rgl!'lown

... ~~r-r~

Pinnacle 1 EJn\lra 

, 

.;-1 

New York State Dept of Environmental Conservation 

2011 Ambient Air Monitoring Network 

Bureau of Air Quality Surveillance 

SO:! Monitoring Sites 

Hlaga JIllI. . .--..,..... 'lbnawllI1d' 

8Ufla10'tDunlll!l; 

Weslneld 

so 100 200 MIl... '---_-'--_-'-_--'__.L1 _~'----_...l..-_--'-_ ___'I 

, Nlnham \ ~:)-l

/ 

l 

EPA's final network design siting requirements also require monitors to be "sited at locations where 

they can meet anyone or more of the following objectives: 

(1) Source-Oriented Monitoring: This is accomplished with a monitor sited to determine the impact of 

significant sources or source categories on air quality. 

(2) Highest Concentration: This is assessed by a monitor sited to measure the highest concentrations 

expected to occur in the area covered by the network. 

(3) Population Exposure: This is assessed by a monitor sited to measure typical concentrations in areas 

of (relatively) high population density. 

(4) General Background.- This is assessed by placing a monitor in an area to determine general 

background concentrations. 

All of the existing S02 monitors in New York meet one or more of these siting requirements. 

Based on EPA's guidelines, New York anticipates the following deployment of monitors throughout 

New York State in order to meet EPA siting requirements: 
4 

Designated Metropolitan Statistical Area Recommended Monitoringl 

--­

Existing Monitorin!f 

Buffalo-Niagara Falls 

Population: 1,124,309 1 3 

New York-Northern New Jersey-Long Island 

Population: 19,006,798 3 4 

Albany-Schenectady-Troy 

Population: 853,919 1 3 

Poughkeepsie-Newburgh-Middletown 

Population: 672,525 1 1 

Rochester 

Population: 1,034,090 1 1 

Syracuse 

Population: 643,794 1 1 

Operation of the monitor in the Poughkeepsie-Newburgh-Middletown area began in May of2011. 

With existing monitors meeting or exceeding EPA's guidelines, we believe that New York has a 

comprehensive, existing network of monitors that fully meets EPA's final network design siting 

requirements. 

Monitoring Results 

Ambient air monitoring plays a key role in determining initially whether New York is in attainment 

with the new 1- hour NAAQS. The Department has calculated the following Design Values in 

accordance with EPA's criteria (the 3-year average of the 99th percentile of the daily maximum I-hour 

average concentrations) for the following rolling three year periods for monitoring locations for which 

S02 monitoring data was available beginning in 2005 (values in parts per billion, ppb): 

City County Location 

Tbree Year 99th Percentile Average (ppb) 

2005-07 2006-08 2007-09 2008-10 

Albany Albany Loudonville Reservoir - 300 

Albany Shaker Rd 

22.0 21.0 20.0 18.0 

New York Bronx Harding Lab - 200th Street And 

Southern Blvd 

56.3 N/A N/A N/A 

New York Bronx IS 52 ­ 681 Kelly St 68.3 59.7 53.7 46.0 

New York Bronx Pfizer Lab - 200th Street and 

Southern Boulevard 

N/A N/A 54.1 52.7 

Dunkirk Chautauqua STP - Wright Park Drive, 

Dunkirk 

61.5 54.0 49.7 N/A 

Westfield Chautauqua 8150 Hardscrabble Road, 

Westfield 

32.1 29.1 29.2 22.7 

Chemung Elmira Water Treatment Plant - Sullivan 

St. 

24.7 22.7 20.0 15.7 

1 Source: Bob Judge and Mazeeda Khan.
 

NESCAUM MAC Meeting Presentation entitled, "Overview of New Monitoring Requirements for NAAQS", October,
 

2 Source: Bureau of Air Quality Surveillance, Division of Air Resources, NYS Department of Environmental Conservation 

2010 
5 

City County Location 

Three Year 99th Percentile Average (Ppb) 

2005-07 2006-08 2007-09 2008-10 

Buffalo Erie Trailer -185 Dingens Street 30.7 25.0 22.3 18.3 

Tonawanda Erie 192 Brookside Terrace West N/A N/A 39.0 36.0 

Tonawanda Erie STP - 779 Two Mile Creek Road) 118.7 88.0 N/A N/A 

Wilmington Essex ASRC (SUNY) Base of 

Whiteface Mtn - Wilmington 

10.0 9.1 8.3 6.4 

Paul Smiths Franklin Route 86&30, Paul Smith's 

College 

9.2 8.7 7.9 6.3 

Arietta Hamilton Piseco Lake Airport 10.4 9.5 9.0 6.8 

Old Forge Herkimer Nicks Lake Campground - 278 

Bisby Road 

9.9 9.3 9.1 6.9 

Georgetown Madison Camp Georgetown - Crumb Hill 

Road 

20.0 18.3 17.0 12.7 

Rochester Monroe Rg&E Substation - 2 Yarmouth 

Road 

52.0 49.7 43.3 27.7 

East 

Meadow 

Nassau Eisenhower Park - 740 Merrick 

Ave At Old Country Rd 

39.3 40.0 39.7 34.7 

New York New York PS 59 - 228 E. 57th Street, 

Manhattan 

62.7 55.0 N/A N/A 

Niagara 

Falls 

Niagara Frontier Ave At 55th Street 21.7 21.6 22.3 19.1 

East 

Syracuse 

Onondaga 5895 Enterprise Parkway 17.0 15.0 14.3 12.3 

Carmel Putnam NYSDEC Field Headquarters ­

Gypsy Trail Road 

21.9 18.5 17.7 15.0 

New York Queens Queens College - 65-30 Kissena 

Blvd Parking Lot#6 

44.3 39.3 N/A 31.7 

Grafton Rensselaer Grafton Lakes State Park - 194 

Shaver Pond Road 

16.2 16.0 14.7 12.3 

Schenectady Schenectady Mt.Pleasant HS - 1121 Forest Rd. 23.0 20.3 20.0 18.7 

Addison Steuben Pinnacle State Park - 8301 

Ackerson Road 

N/A N/A 23.6 19.6 

Holtsville Suffolk 57 Division Street 56.0 52.7 47.0 39.4 

Highmount Ulster Belleayre Mountain Cross 

Country Ski Area 

15.5 14.3 12.1 9.5 

The results show that only one monitoring station (Sewage Treatment Plant in Tonawanda, NY) 

exceeded the new, I-hour S02 NAAQS of75 ppb during the four three-year design value periods 

shown, recording Design Values of 118.7 ppb and 88.0 ppb for the 2005-07 and 2006-08 three-year 

periods, respectively. The monitor was moved in 2007 to the 192 Brookside Terrace West location 

0.2 miles away for the reasons noted in the table's footnote. 

Since this is the only monitor that recorded S02 values that exceed the new, I-hour S02 NAAQS, these 

values were examined more closely. Because of the monitor's proximity to the new monitor, Design 

Values were calculated for the years that were missing data at that location by substituting the values 

for the adjacent monitor instead; that allowed us to calculate values for all three-year Design Value 

periods, for both monitors. Those three-year Design Value periods are shown below in red in order to 

distinguish them 'from the non-substituted values: 

) This monitoring station was relocated in 2007 to the 192 Broo ide Terrace West address as part of the Tonawanda 

Cornrnunity Air Quality Study. This site borders a residential neighborhood and the industrial complex, and is 

approximately 0.2 mile northeast of the original 779 Two Mile Creek Road site location. 
6 

STREET ADDRESS 

THREE YEAR 

99TH PERCENTILE AVG. 

2005-07 2006--08 2007-09 2008-10 

192 BROOKSIDE TERRACE WEST 87.3 62.2 39.03 36.0 

STP, 779 TWO MILE CREEK ROAD 118.7 88.0 64.9 .30.4 

Plotting those values on a chart (along with the average of both locations), we observed a downward 

trend in monitored S02 values for both locations. Those values are graphically illustrated below: 

S02 Design Values for Tonawanda 

Monitors (PPB) 

140.00 ~--------------

120.00 +----..:::-------------­

100.00 

Brookside 

Terrace West 

80.00 

60.00 

-STP, 779 Two 

+------=::!1iooE:-----:~----::....,,.------------192

-I---~~~~----------

40.00 -r------------3loo-Iiiiiii~lIiiiiiii;;_- Mile Creek Road 

20.00	 -I-----------------Averageof Both 

Monitors 

0.00 +-----.,-------,----,.....-------, 

With a decreasing trend in S02 values clearly demonstrated for these two monitoring locations from 

2005 to the present, it can be reasonably concluded that this monitoring location does not present an 

area of heightened concern for the new I-hour S02 NAAQS. 

The overall, statewide site monitoring results are summarized below, showing the three year averaged 

S02 Design Values for all S02 monitors for each three-year Design Value period, beginning in 2005: 
7 

Statewide Averages of S02 Design Values
 

Adjacent States: 

In addition to assessing the existing monitoring data within New Yo~k State, the Department 

has also assessed the S02 monitoring data from neighboring states of Connecticut and New Jersey, 

as both are part of the New York-Northern New Jersey-Long Island-Connecticut Metropolitan 

Statistical Area, or "MSA". This assessment is necessary in order to determine if New York 

emissions contribute significantly to nonattainment in, or interfere with maintenance by, any other 

state as a result of the interstate transport of pollutants. 

The map on the following page shows the outline of the New York-Northern New Jersey-Long 

Island-Connecticut MSA as well as the location ofthe 802 monitoring sites within this MSA, and 

their corresponding 2009 Design Values. 
8 

The calculated S02 annual 99th percentile values4

, and the calculated Design Values for 2008-10 for 

the New Jersey counties located within the New York-Northern New Jersey-Long IslandConnecticut MSA are shown below. None ofthe Design Values exceed the I-hour S02 NAAQS of 

75 ppb: 

Monitored S02 Concentrations in NJ (Ppb) Annual 99th Percentile Values* 

Site 2008 2009 2010 Averae;e 

Chester 49 33 35 39 

Elizabeth Trailer 41 34 30 35 

Bayonne 31 36 27 31 

Jersey City 31 26 21 26 

Elizabeth 20 22 II 18 

Hackensack 18 22 9 17 

* Sites that are within the NY-Northern NJ-Long Island-Connecticut MSA only. 

4 Highest daily I-hour 99th percentile value on an annual basis. 
9 

The New Jersey Design Values for 2008-2010, graphically illustrated below, show that values are 

well below the new I-hour S02 NAAQS of75 ppb: 

New Jersey S02 Design Values 2008-2010 for NY­

-.... 39_ 

40 t: 

,.Q 

20 

Q. 

'" 

o 

Similarly, monitoring sites downwind from New York within the Connecticut portion of the New 

York-Northern New Jersey-Long Island-Connecticut MSA all show Design Values in recent years 

well below the 75 ppb standard: 

-,--_--j Southwest Connecticut 1-Hr Sulfur Dioxide Trend 1-----, 120 

State Average Design Values (MSA area sites) 

100 

3-Year Design Value -.l2 Rolling Average c. 

c. - - 1-Hr Standard of 75 ppb - 80 c:: 

0 -------­ :;:; 

ra...

... 60

c:: 

Q) 

u 

c:: 

0 

U
 40

N
 

0 

V') 

20 
10 

The last instance of a 3-year rolling Design Value exceeding the new I-hour S02 NAAQS of75 

ppb in southwest Connecticut (MSA) occurred in 1999 at the Bridgeport monitoring site. 

Since there are no monitors indicating non-attainment in either state in recent years, New York 

State cannot, at this time, be deemed to contribute to, or interfere with, attainment of the new I-hour 

S02 NAAQS in other states within the NY-Northern NJ-Long Island-Connecticut MSA, which 

includes northern New Jersey and the southwestern part of Connecticut. 

To aid in our assessment of S02 attainment designations for New York, we have also constructed 

and attached a map showing the location of all S02 monitors in New York, as well as the location of all 

100 TPY-and-greater emission sources (as of2008), and the boundaries of all Core-Based Statistical 

Areas (CBSAs). The map provides a visual guide for assessing the relationships between these three 

important elements. While the absence of 100 tpy-and-greater sources in a particular CBSA is not, in 

and of itself, evidence of attainment, the presence of a compliant monitor w~thin the same CBSA is an 

additionally compelling argument for attainment designation for that particular area. As such, we note 

that the Elmira and Utica-Rome CBSAs all have monitors with recent Design Values well below the 

new standard, and contain no 100 tpy-and-greater S02 sources within their boundaries. 

Recommendations: 

The Department is recommending that all areas of New York be designated as "attainment", with 

the exception of the Poughkeepsie-Middletown-Newburgh CBSA, which we recommend be designated 

as ''unclassifiable'' since sufficient data to make an attainment determination has not yet been collected. 

We believe that for all other areas of New York State, based on existing monitoring data, there is 

sufficient evidence demonstrating attainment of the new NAAQS Primary Standard. In addition, no 

non-attainment is indicated based on the monitoring data, in either New York State or adjoining states 

in the New York-Northern NJ-Long Island-Connecticut MSA. As such, the Department recommends 

that the following CBSAs, as well as the remainder of the State, be designated as "attainrrient" with 

respect to the new, I-hour NAAQS for S02; 

• New York - northern New Jersey - Long Island, NY - CT 

• Buffalo-Niagara Falls 

• Albany-Schenectady-Troy 

• Rochester 

• Syracuse 

• Kingston 

• Ithaca 

• Binghamton 

• Elmira 

• Utica-Rome 
11 

We believe that each of these recommendations is consistent with Section 107(d) ofthe Clean Air 

Act. 

Should you have any questions regarding these recommendations, please do not hesitate to contact 

me at (518) 402-8537 or David J. Shaw, Director ofthe Department's Division of Air Resources, at 

(518) 402-8452. 

~;nC~elY' (/VJ. J e Snyder 

AssIstant Commissioner 

Office of Air Resources, Climate Change 

& Energy 

Enclosure 

cc: D. Shaw 

R. Sliwinski 

M. Reis 

J. Close 

C. McCarthy 
12 o. 

Metropolitan Statistical Areas: won""

S02 Emission Sources & Monitor Locations 

.. 

QUilft.lOOU4 3

.' 

t36 C.A:nMM»Ui. $Tf­.... 

A 

Legend 

502 Emfsston Sources 

• 100 

MelropolOan S1ntisllcal Areas 

Cl Am!'t.ScnoflO<l.."..l rt1i. NY 

c:::J Bin~lI1l"",.I;Y

SQ2.Monitor Loct!1ions

• ", 

• 2 Butl'lo-NI8}BI'8 ~B1i. NY 

• 500 Emu. tt( 

• 1000 _ Glens ,<liS. NY • !,SOO _llhk.,NY 

.5.000 

87,500 

c=:J IUlg"on N; 

c::::J NewYQtl<.Nonhem "'1M ~~·lQflg I!alM..,,­

_ Pw"'j,ll:f8f'!;I.N~u(1't-MI:1d«lJ'I"II' f.IY 

ROCl\@Ste;, ~-r

SyMWS8, NY 

Y.N.J-PA. 

elOt<MJ _ U,ca.Romo. Nt