### New York State Department ofEnvironmental Conservation Assistant Commissioner Office ofAir 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 AdministratorEnck: On June 2,2010, EPA strengthened the primary National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (S02) by establishing a new, 1- hourprimaryNAAQS at the level of75 parts per billion (Ppb). This revision oftheNAAQS 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 behalfofGovernor Andrew Cuomo, I am submittingNewYork State's attainment designationrecommendations for the new standard. EPA has noted, for a short-term I-hour S02NAAQS, that it is more teclmically appropriate, efficient, and effective to use modeling as the principal means ofassessing compliance for medium to larger sources, and to rely more onmonitoring for groups ofsmaller sources and sources not conducive to modeling. While such an approach is consistent with EPA'shistorical approach and its longstanding guidance for assessing individual and combination ofsources ofS02,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 ofS02sources to determine compliance. TheDepartment is committed to completing the modeling to determine whether individual sources bythemselves or in combination with other sources might cause modeled violations ofthe I-hour S02NAAQS, but is recommending that areas be designated based on currentmonitoring 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, modelinghas 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". Ifmonitoring reveals no violations, the attainment status ofthe areawill be designated as "unc1assifiable" since modeling results will not be available to provide a complete analysis ofair 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 "AreaDesignations for the 2010 Revised Primary SulfurDioxide National Ambient Air Quality Standard" states, 

### "EPA may initially designate an area as attainment 

## ifit is clear that it meets the S02NAAQS. EPA does not believe it would be appropriate to do so without appropriate refineddispersion modeling and, where available, air quality monitoringdata indicating no violations of the NAAQS. " The Departmentbelieves 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 ofthe permitting process where the potential exists for an exceedance ofa NAAQS, thereby making such modeling a permitting issue. New York expects to continue this practice ofusing source-specific modeling to identifyboth 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 qualityprogram underprovisions such as Title 6 ofNew York Code of Rules and Regulations §200.6 which states, 

### "Notwithstanding theprovisions of this Subchapter, no person shall allow orpermitany air contamination source to emit air contaminants in quantities which alone orin combination with emissions from other air contamination sources would contravene any applicable ambient air qualitystandardand/or cause airpollution. In such cases where contravention occurs ormay occur, the commissionershallspecify the degree and/or methodof emission 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 datacoverage 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 ofnonattainment ifit has an adequately-sited population exposure-monitoring network that is documenting attainment. Ifan individual source or combination ofsources is causing a potential localized violation ofthe 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 S02Emissions Monitoring 

### System The form ofthe NAAQS provides that compliance with the standard will bebased in part on the threeyear average ofthe 99thpercentile 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 Yorkmayneed to make adjustments to the existing monitoring network in orderto ensure that monitors meeting the network design regulations for the new I-hour S02 NAAQS are sited and operational bythe 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 ofcalendar 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 AmbientAir Monitoring Network

Bureau ofAir Quality Surveillance SO:! Monitoring Sites

Hlaga

## JIllI.



### . .--..,..... 'lbnawllI1d'8Ufla10'tDunlll!l;

Weslneld

so 100 200 MIl
... '---_-'--_-'-_--'

__.L 1**_~'----_...l..-_--'-** _ ___'I , Nlnham 

### \**~:)-l** / l



### EPA's final network design sitingrequirements also requiremonitors to be "sited at locations where they can meet anyone or more ofthe following objectives: (1) Source-OrientedMonitoring: 

### 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 bythe 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 ofthe existing S02monitors in New York meet one ormore ofthese sitingrequirements. Based on EPA's guidelines, New York anticipates the following deployment ofmonitors throughout New York State in orderto meet EPA sitingrequirements:4 Designated Metropolitan Statistical Area Recommended Monitoringl --­ Existing Monitorin!f Buffalo-Niagara Falls Population: 1,124,309 1 3 New York-Northern NewJersey-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 ofthe monitor in the Poughkeepsie-Newburgh-Middletown area began in May of2011. With existingmonitors meeting or exceedingEPA's guidelines, we believe that New York has a comprehensive, existingnetwork ofmonitors that fully meets EPA's final network design siting requirements. Monitoring Results Ambient air monitoring plays a keyrole in determining initially whether New York is in attainment with the new 1- hourNAAQS. TheDepartment has calculated the following Design Values in accordance with EPA's criteria (the 3-year average ofthe 99th percentile ofthe daily maximumI-hour average concentrations) for the following rolling three year periods for monitoring locations for which S02 monitoring data was availablebeginningin 2005 (values inparts perbillion, ppb):

City County Location Tbree Year 99th Percentile Average (ppb) 2005-07 2006-08 2007-09 2008-10 Albany Albany Loudonville Reservoir

- 300 Albany ShakerRd 22.0 21.0 20.0 18.0 NewYork 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 WaterTreatmentPlant

- Sullivan St. 24.7 22.7 20.0 15.7

1Source: Bob Judge and Mazeeda Khan. NESCAUM MAC Meeting Presentation entitled, "Overview ofNew MonitoringRequirements for NAAQS", October,
2 Source: Bureau ofAir Quality Surveillance, Division ofAirResources, NYS Department ofEnvironmental 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 BrooksideTerrace 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 BisbyRoad 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 EisenhowerPark

- 740 Merrick Ave At Old Country Rd 39.3 40.0 39.7 34.7 New York NewYork PS 59

- 228 E. 57th Street, Manhattan 62.7 55.0 N/A N/A Niagara Falls Niagara FrontierAve 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

­ GypsyTrail 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 ForestRd. 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 BrooksideTerrace 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 S02NAAQS, these values were examined more closely. Because ofthe monitor's proximityto 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 Valueperiods are shown below in red in order to distinguish them 'from the non-substituted values:
) This monitoring station was relocated in2007 to the 192 Broo ide Terrace West address aspart ofthe Tonawanda Cornrnunity Air Quality Study. This site borders a residential neighborhood and the industrial complex, and is approximately 0.2 mile northeast ofthe 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 ofboth locations), we observed a downward trend in monitored S02values 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-----------------Average of Both Monitors 0.00 +-----.,-------,----,.....-------,

With a decreasing trend in S02 values clearly demonstrated for these two monitoring locations from 2005 to the present, it canbereasonably concluded that this monitoring location does notpresent an area ofheightened concern for the new I-hour S02NAAQS. The overall, statewide site monitoringresults are summarized below, showing the three year averaged S02 Design Values for all S02 monitors for each three-year Design Valueperiod, 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 S02monitoring data from neighboring states ofConnecticut and New Jersey, as both are part ofthe New York-Northern New Jersey-Long Island-Connecticut Metropolitan Statistical Area, or "MSA". This assessment is necessaryin order to determine ifNew York emissions contribute significantly to nonattainment in, orinterfere withmaintenanceby, any other state as a result ofthe interstate transport ofpollutants. Themap on the following page shows the outline ofthe New York-Northern New Jersey-Long Island-Connecticut MSA as well as the location ofthe 802monitoring sites within this MSA, and their corresponding 2009 Design Values.

### 8

The calculated S02annual 99thpercentile values4
, and the calculated DesignValues for 2008-10 for the New Jersey counties located within theNew York-Northern New Jersey-Long IslandConnecticut MSA are shownbelow. None ofthe Design Values exceed the I-hour S02NAAQS 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-ConnecticutMSA only.

4 Highestdaily I-hour 99th percentile value on an annual basis.9 TheNew Jersey Design Values for 2008-2010, graphically illustrated below, show thatvalues are well below the new I-hour S02NAAQS of75 ppb: 

### NewJersey S02 Design Values 2008-2010 for NY­



# - .... 39_ 40 t: ,.Q 20 Q. 

### '" 

## o

Similarly, monitoring sites downwind from New York within the Connecticutportion ofthe New York-Northern NewJersey-Long Island-ConnecticutMSA all show Design Values in recent years well below the 75 ppb standard:

-,--_--j

### Southwest Connecticut 1-HrSulfur 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 40 U N 

### 0 V') 20

### 10 The last instance ofa 3-yearrolling Design Value exceedingthe new I-hour S02 NAAQS of75 ppb in southwest Connecticut (MSA) occurred in 1999 at the Bridgeportmonitoring 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 ofthe 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 ofConnecticut. To aid in our assessment ofS02attainment designations for New York, we have also constructed and attached a map showingthe location ofall S02 monitors in New York, as well as the location ofall 100 TPY-and-greater emission sources (as of2008), and the boundaries ofall Core-Based Statistical Areas (CBSAs). Themap 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 ofitself, evidence ofattainment, the presence ofa compliantmonitor**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 S02sources within their boundaries. Recommendations: 

### The Department is recommending that all areas ofNew York bedesignated as "attainment", with the exception ofthe Poughkeepsie-Middletown-Newburgh CBSA, which we recommend bedesignated as ''unclassifiable'' since sufficient data to make an attainment determination has not yet been collected. We believe that for all other areas ofNew York State, based on existing monitoring data, there is sufficient evidence demonstrating attainment ofthe 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 ofthe State, bedesignated as "attainrrient" with respect to the new, I-hourNAAQS for S02;

• New York

- northern New Jersey

- Long Island, NY

- CT • Buffalo-Niagara Falls • Albany-Schenectady-Troy • Rochester • Syracuse • Kingston • Ithaca • Binghamton • Elmira • Utica-Rome11

We believe that each ofthese recommendations is consistent with Section 107(d) ofthe Clean Air Act. Should you have any questions regarding theserecommendations, please do not hesitate to contact me at (518) 402-8537 orDavid J. Shaw, Directorofthe Department'sDivision ofAirResources, at (518) 402-8452.

# ~;nC~elY'

# (/VJ. J e Snyder AssIstant Commissioner Office ofAirResources, Climate Change & Energy Enclosure
cc: D. Shaw R. Sliwinski M. Reis J. Close C. McCarthy12 o. 

# I

won"" 

# Metropolitan Statistical Areas: S02 Emission Sources & 

# Monitor Locations



# .. QUilft.lOOU4 3 

# . 't36 C.A:nMM»Ui. $Tf­ ....

A

Legend 502 Emfsston Sources

• 100 MelropolOan S1ntisllcal Areas ClAm!'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