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DEPARTMENT OF ENVIRONMENTAL PROTECTION

JON S. CORZINE

Governor

P. O. Box 402

Trenton, New Jersey 08625-0402

Tel: (609) 292-2885

Fax: (609-292-7695

October 15, 2009

The Honorable George Pavlou

Acting Regional Administrator

United States Environmental Protection Agency - Region 2

290 Broadway- 26th Floor

New York, New York 10007-1866

Dear Acting Regional Administrator Pavlou:

MARK N. MAURIELLO

Acting Commissioner

The purpose of this letter is to provide you with New Jersey's recommendations for lead

designations for the 0.15 micrograms per cubic meter (llg/m3

) National Ambient Air Quality

Standard (NAAQS).1 Section 107(d)(1)(A) of the Clean Air Act provides that Governors of each

state submit recommendations for areas to be designated attainment, nonattainment, or

unclassifiable after the United States Environmental Protection Agency (USEPA) promulgates a

new or revised NAAQS. On September 22, 2009, you sent Governor Jon S. Corzine a letter

advising that New Jersey make such recommendations for the revised lead NAAQS published on

October 15, 2008 (Attachment 1).

New Jersey recommends the entire state be designated attainment based on the following:

1. Recent ambient air lead monitoring data within New Jersey is below the NAAQS;

2. Historical air lead monitoring data within New Jersey was significantly below the

NAAQS at that time;

3. Ambient air monitors in New York and Pennsylvania, which are within our shared

Combined Statistical Areas (CSAs), are reporting lead concentrations significantly below

the NAAQS;

4. Inventory estimates oflead emissions are below the current monitoring threshold

requirement;

5. Primary sources of lead have been phased out;

6. The USEPA has approved New Jersey's monitoring plan for no additional sourceoriented monitors.

New Jersey's ambient air quality data for 2006-2008 meets the revised standard. Lead

concentrations in New Jersey in recent years are so low compared to the 1.5 llg/m3 NAAQS that

many of the monitoring sites were discontinued. New Jersey's last lead monitoring location in

J 73 Fed. Reg. 66964-67062 (November 12, 2008).

New Jersey is an Equal Opportunity Employe.- I Printed on Recycled Paper and Recyclable
New Brunswick was discontinued in 2008, after the shutdown of New Jersey's primary lead

stationary source, Delco Remy, a battery manufacturer, on February 20, 2007. The lead·

concentration in the 4th quarter of2006 was 0.051 Ilg/m3 before the shutdown and 0.008 Ilg/m3 in

the 2nd quarter of2007 after the shutdown.

New Jersey submitted its 2009 Annual Monitoring Network Plan with source-oriented lead

monitoring information to the USEPA in June of2009.2 On September 8, 2009 in a letter sent to

New Jersey, the USEPA approved the fmal network design as outlined in this plan (see

Attachment 3).3 The USEPA determined that New Jersey's discussion oflead monitoring in its

plan satisfied this requirement.

New Jersey will follow up this letter with a Technical Supplement containing the supporting data

for the recommendation.

If you have any technical questions regarding New Jersey's recommendations, please contact

Bill O'Sullivan, Director ofthe Division of Air Quality, at (609) 984-6721.

Sincerely yours, '7

lA.L..tuJ;jla"adJI!-,

Mark N. Mauriello

Acting Commissioner

Attachments

c: Ray Werner, USEPARegion2

Richard Ruvo, USEPA Region 2

Maurice Griffin, New Jersey DAG

2 Ambient Air Network Monitoring Plan 2009. New Jersey Department ofEnvironmental Protection, Bureau of Air

Quality Monitoring, June 2009. http://www.njaqinow.netlDefault.htm

3 Letter dated September 8, 2009 from the USEPA Region 2 Acting Director Kevin Bricke to Nancy Wittenberg, the

Assistant Director of Environmental Regulations at NJDEP.
Attachment 1:

USEPA Letter to Governor Jon S. Corzine Regarding Lead Designation Recommendations
UNITED STATES ENViRONMENTAL PROTECTION AGENCY

REGION 2

290 BROADWAY

NEW YORK, NY 10007·1866

22

Honorable Jon S. Corzine

Governor ofthe State ofNew Jersey

Office ofthe Governor

PO Box 001

Trenton, NJ 08625

Dear Governor Corzine:

I am \\lriting you today to provide you with information on the process for designating

areas in New Jersey that meet or may not meet the U.S. Environmental Protection Agency's

(EPA) health-related National Ambient Air Quality Standards for lead. In order to protect the

public health and welfare EPA periodically evaluates health studies and where appropriate,

revises its National Ambient Air Quality Standards accordingly. On October 15, 2008 EPA

promulgated a more stringent air quality standard for lead. This new standard is based on the

most recent scientific studies and provides additional protection against adverse health effects

associated with exposure to airborne lead. To provide increased protection against lead-related

welfare effects, EPA also revised the welfare-related secondary standard to be identical in all

respects to the more stringent health-related standard.

The next step in implementing the revised lead National Ambient Air Quality Standard is

for each state to recommend to EPA those areas in the state that meet or may not meet this more

stringent air quality standard for lead. The process for designating areas is contained in Section

107(d)(I) ofthe Clean Air Act. This section of the Clean Air Act provides a process for each

governor to recommend "attainment", "nonattainment", or "uncJassifiable" designations, with

appropriate boundaries, to the EPA and requires that these recommendations be submitted to

EPA within one year of a promulgation of a revised National Ambient Air Quality Standard.

Therefore, we ask that you provide your recommendations to EPA for all areas in New Jersey by

October 15,2009.

Once EPA receives and evaluates your recommendation it may propose modifications to

the recommended designations and boundaries. EPA will notify states by rio later than 120 days

prior to promulgating its final designations, of any proposed modifications. You would then

have the opportunity to commerit on any modification that EPA proposes to New Jersey's

original designation recommendation.

I have enclosed with this letter additional guidance to states, local air pollution control

agencies and Indian tribes on the time frame and process for designating areas under the revised

lead standard. EPA plans to announce our proposed designations as early as possible, but no

later than 120 days prior to promulgating initial designations. As previously mentioned - this

120 day period is established to allow states an opportunity to review and comment upon any

changes EPA proposes to make to your original recommendation.

Internet Address (URL). http://www.epa.pov

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2

My staff has already provided this same information on an informal basis to

representatives of the Department of Environrnental Protection and will continue to provide them

with technical assistance and infonnation as this process unfolds.

Under section 107(d)(1 )(B) of the Act, EPA is required t<v issue final designations within

two years of promulgation ofthe final National Ambient Air Quality Standard. However, EPA

has the discretion to extend the deadline up to one year if there is insufficient information to

make designations. EPA intends to complete initial designations by no later than October 15,

2010, where air quality data from the existing monitoring network is sufficient or where no

additional data is expected to be available.

EPA will designate the remaining areas, where additional air quality information is

expected from an expanded lead air monitoring network, by no later than October 15,2011.

States and lndian tribes will have an opportunity to update their recommendations for these

remaining areas by October 15,2010.

Establishing area designations is a key step in the process of providing the health

protection that the Clean Air Act is intended to provide. Areas that are designated as not

attaining the lead National Ambient Air Quality Standard will be required to adopt plans to

reduce ambient concentrations of lead. We will keep New Jersey informed of any additional

guidance and other support activities. Should you have any questions regarding this matter,

please do not hesitate to contact me at 212-637-5000 or have your staff contact Raymond

Werner, ChiefAir Programs Branch, at 212-637-3706.

Sincerely,

C\~~~

George Pavlou

Acting Regional Administrator

Enclosures

Cc: Mark N. Mauriello, Acting Commissioner

New Jersey Department of Environmental Protection