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Clean Data Petition for the 2006 24-hour PM2.5 NAAQS, May 5, 2011

New York-N. New Jersey-Long Island, NY-NJ-CT Nonattainment Area

The following is the content of a letter and associated attachment sent to the Regional Administrator at the USEPA, Judith A. Enck. The letter was signed on 5/5/11 by J. Jared Snyder, Assistant Commissioner, Office of Air Resources, Climate Change and Energy.

On December 18, 2006, the United States Environmental Protection Agency (EPA) revised the National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM_2.5).¹ EPA revised the primary and secondary 24-hour PM_2.5 standards to a level of 35 micrograms per cubic meter (µg/m³), based on a three-year average of the 98th percentile of 24-hour PM_2.5 concentrations.

EPA finalized its air quality designations for this standard on December 14, 2009.² These designations were based upon monitored air quality data for calendar years 2006 through 2008. EPA found that the New York-N. New Jersey-Long Island, NY-NJ-CT metropolitan area was in violation of the NAAQS. Ten New York counties within this area were therefore designated as nonattainment: Bronx, Kings, New York, Queens, Richmond, Nassau, Suffolk, Orange, Rockland, and Westchester.

Based on updated air quality monitoring data from the New York, New Jersey and Connecticut portions of the New York-N. New Jersey-Long Island, NY-NJ-CT nonattainment area, the 2006 24-hour PM_2.5 NAAQS is now being met. Specifically, the 2009 design values (based on data for calendar years 2007 through 2009) demonstrate levels below the 35 µg/m³ standard in all three states. Additionally, the New York State Department of Environmental Conservation (Department) recently obtained data for the 2010 calendar year, which further demonstrate a decreasing PM_2.5 trend and continued compliance with this standard. Table A-1 in Attachment A contains complete, quality-assured 2009 24-hour PM_2.5 design values that are certified by the respective states as complete. Table A-2 contains the 2010 24-hour design values for New York State.

The Department hereby petitions EPA to make a binding determination that the New York State portion of the New York-N. New Jersey-Long Island, NY-NJ-CT nonattainment area has attained the 2006 24-hour PM_2.5 standard of 35 µg/m³. Accordingly, the Department understands that a clean data determination from EPA would suspend the requirements for submitting a State Implementation Plan (SIP) revision concerning attainment demonstrations, Reasonable Further Progress, and contingency measures. The Department acknowledges that the suppression of the requirement to submit SIP revisions for the aforementioned provisions is in effect only as long as this area continues to monitor attainment for the 2006 24-hour PM_2.5 standard, and that a clean data determination does not suppress the new source review and transportation conformity requirements. New York will continue to operate its air quality monitoring network, and if an area experiences a violation of the standard, the area would be subject to a requirement to submit the pertinent SIP revision(s) and would need to address those requirements.

The considerable improvements in ambient PM_2.5 concentrations are due to a variety of state and federal control programs implemented to reduce emissions of both PM_2.5 and its precursor pollutants. Compliance with the NAAQS is expected to continue as a result of additional measures that are being implemented at the state and federal levels. These control measures are listed in Attachment B to this letter.

Certain data completeness issues arose when calculating the design values for this clean data petition. The Department feels that these issues do not affect the finding that the New York metropolitan area has reached attainment for this standard. An explanation of the data handling procedures is provided in Attachment C.

The Department looks forward to working with you and your staff in an effort to gain timely approval of this clean data petition. If you or your staff have any questions, or if additional information is required to process this request, please contact Mr. Scott Griffin at (518) 402-8396.

Attachment A: Design Values for the New York-N. New Jersey-Long Island, NY-NJ-CT Nonattainment Area

+Site shut down in 2009; new Newark site opened on 6/30/09

Attachment B: Control Measures for PM2.5

In recent years, many control programs have been adopted or revised by the Department and EPA with the result of reducing ambient levels of PM_2.5 by controlling both direct emissions of particulates, and emissions of precursors (i.e., oxides of nitrogen, sulfur dioxide, and volatile organic compounds). Major multi-state programs such as the Acid Deposition Reduction Program, the NOx SIP Call, and the Clean Air Interstate Rule (which currently remains effective, despite having been remanded to EPA) have helped in making significant reductions in ambient concentrations of PM_2.5, a trend which can be seen in the tables in Attachment A.

The following list of control programs includes more recent measures that were adopted or revised as a result of planning for the 1997 annual PM_2.5 NAAQS, the 1997 8-hour ozone NAAQS, and the Regional Haze SIP, or from additional state and federal mandates. These measures have generally been adopted by the Department since 2009. Some have already achieved reductions in emissions of PM_2.5 and precursors, while others have been promulgated and will soon realize emissions reductions. Collectively, these measures will ensure continued compliance with the 2006 24-hour PM_2.5 NAAQS. Additional future measures, such as the federal Transport Rule and more stringent motor vehicle emissions limits, will further guarantee ongoing compliance.

• State Measures:
  • Part 212.12 - Hot Mix Asphalt Production Plants
  • Part 215 - Open Fires
  • Part 220 - Portland Cement Plants and Glass Plants
  • Part 227-2 - Reasonably Available Control Technology (RACT) for Major Sources of Oxides of Nitrogen (NOx)
  • Part 228 - Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers
  • Part 231 - New Source Review for New and Modified Facilities
  • Part 234 - Graphic Arts
  • Part 235 - Consumer Products
  • Part 239 - Portable Fuel Container Spillage Control
  • Part 241 - Asphalt Pavement and Asphalt Based Surface Coating
  • Part 243 - CAIR NOx Ozone Season Trading Program
  • Part 244 - CAIR NOx Annual Trading Program
  • Part 245 - CAIR SO2 Trading Program
  • Part 249 - Best Available Retrofit Technology (BART)
• Federal Measures (since 2002):
  • 2007 Highway Rule
  • Heavy-Duty Diesel Vehicle Controls and Fuels
  • Highway Motorcycle Exhaust Emission Standards
  • Non-Road Control Programs
  • On-Board Refueling Vapor Recovery
  • Tier 2 Motor Vehicle Controls/Low Sulfur Gas

Attachment C: Data Completeness Issues

Appendix N of 40 CFR Part 50 contains the data handling conventions for the 2006 24-hour PM_2.5 standard. It states that "[a] year meets data completeness requirements when at least 75 percent of the scheduled sampling days for each quarter have valid data." Appendix N also states that "[t]he use of less than complete data is subject to the approval of EPA which may consider factors such as monitoring site closures/moves, monitoring diligence, and nearby concentrations in determining whether to use such data for comparisons to the NAAQS."

Monitor Missed an Individual Quarter

Over the course of monitoring for the PM_2.5 standard, individual sites may occasionally fall short of the 75 percent completion requirement for a quarter for various reasons. Between 2007 and 2010, four individual quarters were missed by monitors in the New York State portion of the nonattainment area.

• Hempstead: 3rd Quarter 2007 = 74 percent (relevant only for 2009 design value)
• Division St: 1st Quarter 2008 = 61 percent
• Port Richmond: 2nd Quarter 2008 = 70 percent
• JHS 126: 3rd Quarter 2009 = 74 percent

The Department believes these values are still adequate for the computation of the 2009 and 2010 design values, and have thus been included in Tables A-1 and A-2. The Department's general arguments are as follows:

1. The high number of monitors in the New York metropolitan area (NYMA) makes it difficult to ensure that the proper completeness rate is achieved for every quarter across the entire area's network. Calculation of the 2009 design values relied on 156 quarters, while calculation of the 2010 design values relied on 144 quarters (see below concerning the IS 52 monitor);
2. Concentrations at nearby monitors exhibit no major spikes in PM_2.5 concentrations during these incomplete quarters;
3. None of these monitors registered more than one incomplete quarter over the 2006 to 2010 timeframe; and,
4. Two of these collection rates are as high as 74 percent.

Monitor Missed Multiple Quarters

Two monitors were subject to more extensive periods of incomplete data collection. In both cases the suspended downtime was due to nearby building construction.

• PS 19 (AQS ID 36-061-0128): Sampling suspended 5/27/2008, resumed 3/2/2009
  • Additionally, less than 75 percent completion rate for 4th Quarter 2007
• IS 52 (AQS ID 36-005-0110): Sampling suspended 6/16/2010 through the end of 2010
  • Suspension of sampling also affected collocated monitor

Because of the extended periods in which these monitors failed to record PM_2.5 concentrations, PS 19 values were not reported in Tables A-1 or A-2, and IS 52 values were not reported in Table A-2. The Department does not believe these suspended sampling periods affect the finding that the NYMA has reached attainment of the 24-hour standard.

Reviewing annual 98th percentile values from PS 19 in previous years demonstrates that values were in line with other monitors in the NYMA at the time. The last three complete, consecutive years recorded by PS 19 were 2004 through 2006, with values of 37.0, 37.7, and 38.2 µg/m³ respectively. While this produces a 2006 design value of 38 µg/m³, exceeding the standard, it is reasonable to conclude that PS 19 would follow the generally declining trend that NYMA monitors have followed. The best analogue would likely be the values recorded at the Division Street monitor, which is located approximately 1.25 miles away. As seen in Enclosure A, the Division Street monitor is in compliance of the NAAQS with 2009 and 2010 design values of 33 µg/m³ and 29 µg/m³, respectively.

Figure C-1 below demonstrates this declining trend in PM_2.5 concentrations over the last decade in the NYMA. This trend was calculated using average concentrations for each year, based on the 98th percentile values at the NYMA PM_2.5 monitors. The Department interprets this decline as being permanent and enforceable, attributable to the many state and federal control programs targeting PM_2.5 and its precursors.

Figure C-1. Average 98th Percentile Concentration Trend

Monitored values for IS 52 are included in Table A-1, since complete data were recorded for years 2007 through 2009. The monitor's suspension affects only 2010 data, and therefore the 2010 design value is not included in Table A-2. The 2009 design value for IS 52 is well within compliance of the NAAQS and representative of other NYMA monitors, at 31 µg/m³.

IS 52 is one of the NYMA monitors (along with Queens College) that monitors daily. In its absence, the Morrisania monitor was converted from 1-in-3 to daily sampling in order to minimize the loss of data collection. Note that Morrisania's 2010 design value is 29 µg/m³. (Sampling at Morrisania returned to 1-in-3 as of 1/1/2011.)

The IS 52 monitor captured 156 samples before being shut down in June, 2010. From this number of samples, the 98th percentile value for calculation of the design value would typically be represented by the 4th highest sample. The 4th highest of the 156 samples was 25.4 µg/m³; even the 2nd highest value was only 26.6 µg/m³.

Monitor Closed

Two New York County monitors were unavoidably closed during the 2007 to 2009 time period.

• Canal Street (AQS ID 36-061-0062): Sampling ended 3/31/2007
• PS 59 (AQS ID 36-061-0056): Sampling ended 6/29/2008

Because the shutdown of the Canal Street monitor took place so early in 2007, only a single complete quarter (27 samples) was recorded, with a maximum value of 34.7 µg/m³. The last complete three-year period recorded by Canal Street was 2004 through 2006 with 98th percentile values of 38.0, 39.0, and 35.9 µg/m³, respectively, for a 2006 design value of 38 µg/m³. As argued above for the PS 19 monitor, these values are in line with the other NYMA monitors at the time, including those in New York County.

This monitor had been located at the post office at 350 Canal Street. Due to this site's emergency shutdown, additional samplers were added to the Division Street site, including the FRM PM_2.5 sampler. Less than one mile separates these two locations. The Division Street monitor is therefore representative of the ambient concentrations that would have been recorded at the Canal Street site, had the monitor continued to operate.

Further analysis demonstrates that the Canal Street monitor would be demonstrating attainment, assuming it followed the generally declining PM_2.5 concentration trend in the NYMA. The average decline of 98th percentile values between 2004 and 2010 at NYMA monitors was 22.8 percent; likewise, values between 2005 and 2010 declined 27.0 percent, and values between 2006 and 2010 declined 27.5 percent on average. Applying these trends to the 98th percentile values of Canal Street, a 2010 value ranging from 26.0 to 29.3 µg/m³ is found. Note that the 2010 98th percentile value at Division Street was 27.0 µg/m³.

PS 59 is located on East 57th Street in Manhattan, about halfway between the JHS 45 and Division Street monitors (approximately 3.25 to 3.5 miles from each). The last complete three-year design value for the PS 59 monitor was for years 2005 through 2007, with a design value of 39 µg/m³.

The Division Street monitor did not begin PM_2.5 sampling until 2007; in their one year of concurrent sampling, Division Street had a slightly higher 98th percentile value, 37.1 µg/m³ compared to 36.8 µg/m³ at PS 59. The Division Street monitor is now in compliance of the NAAQS with 2009 and 2010 design values of 33 µg/m³ and 29 µg/m³, respectively.

From 2000 to 2007, 98th percentile values at the PS 59 monitor were slightly higher than those of JHS 45. The difference ranged from 3.36 percent to 12.56 percent; on average, values at PS 59 were 7.42 percent higher than those at JHS 45 over seven years of concurrent sampling (values in 2003 are being neglected because of data completeness issues with the PS 59 monitor that year). This average difference can be used to extrapolate additional values for the PS 59 monitor that exhibit compliance with the standard. Even using the maximum difference (i.e., 12.56 percent), the extrapolated 2010 design value displays compliance with the NAAQS. See Tables C-1 and C-2 below for these calculations.

__________

¹ 71 FR 61144, published October 17, 2006
² 74 FR 58688, published November 13, 2009

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