Common use of Air Quality Data Clause in Contracts

Air Quality Data. This factor considers the Lead design values (in µg/m3) for air quality monitors in Collin County in the Frisco area as well as the surrounding area based on data for the 2006-2008 period. A monitor’s design value indicates whether that monitor attains a specified air quality standard. The 2008 Lead NAAQS are met at a monitoring site when the identified design value is valid and less than or equal to 0.15 µg/m3. A design value is only valid if minimum data completeness criteria are met. A Lead design value that meets the NAAQS is generally considered valid if it encompasses 36 consecutive valid 3-month site means (specifically for a 3-year calendar period and the two previous months). For this purpose, a 3-month site mean is valid if valid data were obtained for at least 75 percent of the scheduled monitoring days in the 3-month period. A Lead design value that does not meet the NAAQS is considered valid if at least one 3-month mean that meets the same 75 percent requirement is above the NAAQS. That is, a site does not have to monitor for three full calendar years in order to have a valid violating design value; a site could monitor just three months and still produce a valid (violating) design value. The 2008 Lead NAAQS design values for Collin County in Frisco and surrounding area are shown in Table 2. Table 2. Air Quality Data County State Recommended Nonattainment? Monitor Name Monitor Air Quality System ID Monitor Locatio Lead Design Value, 2006 - 2008 (µg/m3) Lead Design Value 2007-2009 (µg/m3) Collin Yes ▇▇▇ ▇▇. ▇▇-▇▇▇- ▇. ▇▇▇ ▇▇. 0.28 0.33 County, 0003 Texas Ash St. 48-085- 6931 Ash St. 0.17 0.17 0007 N. property 48-085- Next to north 1.26* 1.26* 0009 property line on facility property *Monitor in Bold has the highest design value in the respective county. As discussed in the response to comments, this monitor has been listed as a SLAMS monitor and the data has been reported by the State as ambient data for the last three years. EPA understands that Texas now believes the data from this monitor should be designated as non-regulatory data. This issue will be addressed through future discussions with the State. As noted by TCEQ, there are two other monitors in the area that have recorded measurements above the NAAQS for lead. So even if the data from 480850009 were not considered, a nonattainment designation would still be appropriate. Collin County shows a violation of the 2008 Lead NAAQS. Therefore some area in this county and possibly additional areas in surrounding counties must be designated nonattainment. The absence of a violating monitor alone is not a sufficient reason to eliminate nearby counties as candidates for nonattainment status. The Act calls for areas which measure nonattainment and areas that contribute to nonattainment be designated nonattainment. Each area must be evaluated based on the weight of evidence of the eight factors and other relevant information. Currently, there are no nearby emissions sources, other than Exide, that may be contributing to the violating monitors. According to TCEQ, the next largest point source of lead within 50 km of the Exide plant had a 2006 lead emissions of 0.03 tons per year (tpy), and the total lead emissions from all sources (other than Exide) within 50 km from the Exide plant was 0.0602 tpy.

Air Quality Data. This factor considers the Lead design values (in µg/m3) for air quality monitors in Collin County in the Frisco area as well as the surrounding area based on data for the 2006-2008 period. A monitor’s design value indicates whether that monitor attains a specified air quality standard. The 2008 Lead NAAQS are met at a monitoring site when the identified design value is valid and less than or equal to 0.15 µg/m3. A design value is only valid if minimum data completeness criteria are met. A Lead design value that meets the NAAQS is generally considered valid if it encompasses 36 consecutive valid 3-month site means (specifically for a 3-year calendar period and the two previous months). For this purpose, a 3-month site mean is valid if valid data were obtained for at least 75 percent of the scheduled monitoring days in the 3-month period. A Lead design value that does not meet the NAAQS is considered valid if at least one 3-month mean that meets the same 75 percent requirement is above the NAAQS. That is, a site does not have to monitor for three full calendar years in order to have a valid violating design value; a site could monitor just three months and still produce a valid (violating) design value. The 2008 Lead NAAQS design values for Collin County in Frisco and surrounding area are shown in Table 2. Table 2. Air Quality Data County State Recommended Nonattainment? Monitor Name Monitor Air Quality System ID Monitor Locatio Lead Design Value, 2006 - 2008 (µg/m3) Lead Design Value 2007-2009 (µg/m3) Collin Yes ▇▇▇ ▇▇. ▇▇5th St. 48-▇▇▇- ▇. ▇▇▇ ▇▇. 085- W. 5th St. 0.28 0.33 County, 0003 Texas Ash St. 48-085- 6931 Ash St. ▇▇▇▇ ▇▇▇ ▇▇. 0.17 0.17 0007 N. property 48-085- Next to north 1.26* 1.26* 0009 property line on facility property *Monitor in Bold has the highest design value in the respective county. As discussed in the response to comments, this monitor has been listed as a SLAMS monitor and the data has been reported by the State as ambient data for the last three years. EPA understands that Texas now believes the data from this monitor should be designated as non-regulatory data. This issue will be addressed through future discussions with the State. As noted by TCEQ, there are two other monitors in the area that have recorded measurements above the NAAQS for lead. So even if the data from 480850009 were not considered, a nonattainment designation would still be appropriate. Collin County shows a violation of the 2008 Lead NAAQS. Therefore some area in this county and possibly additional areas in surrounding counties must be designated nonattainment. The absence of a violating monitor alone is not a sufficient reason to eliminate nearby counties as candidates for nonattainment status. The Act calls for areas which measure nonattainment and areas that contribute to nonattainment be designated nonattainment. Each area must be evaluated based on the weight of evidence of the eight factors and other relevant information. Currently, there are no nearby emissions sources, other than Exide, that may be contributing to the violating monitors. According to TCEQ, the next largest point source of lead within 50 km of the Exide plant had a 2006 lead emissions of 0.03 tons per year (tpy), and the total lead emissions from all sources (other than Exide) within 50 km from the Exide plant was 0.0602 tpy.