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40 CFR 51.1205(b) Report: Albany, Bronx, Erie, Kings, New York, Niagara, Orange, Queens, Richmond and Suffolk Counties; 2010 National Ambient Air Quality Standard

Introduction and Background

On June 2, 2010, the United States Environmental Protection Agency (EPA, or Agency) strengthened the primary (health-based) SO2 National Ambient Air Quality Standard (NAAQS) by establishing a new 1-hour standard at a level of 75 parts per billion (ppb) that is attained when the 3-year average of the 99th percentile of 1-hour daily maximum concentrations does not exceed 75 ppb. The secondary (welfare based) standard for SO2, set at 500 ppb evaluated over 3 hours was not revised.

Pursuant to 40 Code of Federal Regulations (CFR) 51.1205(b), "For any area where modeling of actual SO2 emissions serve as the basis for designating such area as attainment for the 2010 SO2 NAAQS, the air agency shall submit an annual report to the EPA Regional Administrator by July 1 of each year, either as a stand-alone document made available for public inspection, or as an appendix to its Annual Monitoring Network Plan (also due on July 1 each year under 40 CFR 58.10), that documents the annual SO2 emissions of each applicable source in each such area and provides an assessment of the cause of any emissions increase from the previous year. The first report for each such area is due by July 1 of the calendar year after the effective date of the area's initial designation.

(1) The air agency shall include in such report a recommendation regarding whether additional modeling is needed to characterize air quality in any area to determine whether the area meets or does not meet the 2010 SO2 NAAQS. The EPA Regional Administrator will consider the emissions report and air agency recommendation and may require that the air agency conduct updated air quality modeling for the area and submit it to the EPA within 12 months.

(2) An air agency will no longer be subject to the requirements of this paragraph (b) for a particular area if it provides air quality modeling demonstrating that air quality values at all receptors in the analysis are no greater than 50 percent of the 1-hour SO2 NAAQS, and such demonstration is approved by the EPA Regional Administrator."

EPA finalized the second round of designations for the 2010 primary SO2 NAAQS on July 12, 2016. In that final rule, EPA designated Erie and Niagara Counties in New York State as "unclassifiable/attainment" for the 2010 primary SO2 NAAQS. The designation was based on an assessment and characterization of air quality in the area surrounding Huntley Generating Station (Erie County), Somerset Generating Station (Niagara County), and other nearby sources that had a potential to negatively impact the area where maximum concentrations of SO2 could occur.

EPA finalized the third round of designations for the 2010 primary SO2 NAAQS on January 1, 2018. In that final rule, EPA designated Albany, Orange, Suffolk, New York, Queens, Kings, Bronx, and Richmond counties in New York State as "unclassifiable/attainment" for the 2010 primary SO2 NAAQS. The designation was based on an assessment and characterization of air quality in the area surrounding Lafarge Building Materials (Albany County), Roseton Generating Station (Orange County), Northport Power Station (Suffolk County), several power stations in the New York City metropolitan area, and other nearby sources that had a potential to negatively impact the area where maximum concentrations of SO2 could occur.

40 CFR 51.1205(b) Report: Albany, Bronx, Erie, Kings, New York, Niagara, Orange, Queens, Richmond and Suffolk Counties; 2010 National Ambient Air Quality Standard (PDF)


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