**New York State Department of Environmental
Conservation**![](media/image1.wmf){width="1.1388888888888888in"
height="0.9520833333333333in"}

**Division of Air Resources, 2^nd^ Floor**

625 Broadway, Albany, New York  12233-3250

**Phone:** (518) 402‑8452  \$  **FAX:** (518) 402‑9035

**Website:** www.dec.ny.gov

Office of Environmental Information (OEI)

Docket Mail Code 2822T

U.S. Environmental Protection Agency

1200 Pennsylvania Ave., N.W.

Washington, D.C. 20460

Attention Docket ID No. EPA-HQ-OAR-2007-1145

> Re: *Draft Integrated Science Assessment for Oxides of Nitrogen and
> Sulfur- Environmental Criteria*
>
> Fed. Reg. Vol. 72, No. 245, Page 72719, December 21, 2007
>
> Docket No.: EPA-HQ-OAR-2007-1145

Dear Administrator:

On behalf of the New York State Department of Environmental Conservation
(the Department), thank you for the opportunity to comment on the Draft
Integrated Science Assessment (ISA) for Oxides of Nitrogen and Sulfur --
Environmental Criteria. The Department believes that the significance of
the new information on deposition measurements is demonstrated
throughout the Assessment.

***While the Department understands that EPA plans to address gaseous
and particulate phase NO~x~ and SO~x~ in the PM ISA, the Department
stresses the importance of incorporating them into this ISA as well.***

The omission of gaseous and particulate phase NO~x~ and SO~x~ appears to
limit the potential for setting standards in the future using both PM
and oxides of Nitrogen and Sulfur standards. Furthermore, PM plays a
significant role in nitrogen and sulfur deposition.

***The Department agrees with the ISA in recognizing that use of
deposition data is the method preferred to set a secondary Oxides of
Nitrogen and Sulfur standard to protect our ecosystem.***

The draft ISA demonstrates a strong interrelationship between deposition
data and effects to ecosystems as shown in Table 5.7-1. The Department
is and has been in agreement with the scientific community in a
secondary standard for NO~x~ and SO~x~ to be based on deposition rather
than ambient concentrations. The Department believes the secondary
standard should be based on a biologically relevant deposition data that
protects our forests, crops and surface waters. New York forests provide
a recreational base for millions of New York Residents and others
visiting the State's scenic regions. Protecting and enhancing New York
forests is an important part of the Department's mission. Adequate
protection of New York's agriculture and water ways is also essential
for our public welfare and economy.

***The Department agrees with the ISA in supporting a secondary standard
which includes NO~2~ and SO~2~ transformation products.***

The inclusion of other potentially carcinogenic oxides of nitrogen is
also directed by the Clean Air Act shown below in CAA Section 108(c).

The Clean Air Act, Section 108(c) states:

> "The Administrator shall from time to time review, and, as
> appropriate, modify, and reissue any criteria or information on
> control techniques issued pursuant to this section. Not later than six
> months after the date of the enactment of the Clean Air Act.
>
> Amendments of 1977, the Administrator shall revise and reissue
> criteria relating to concentrations of NO~2~ over such period (not
> more than three hours) as he deems appropriate. Such criteria shall
> include a discussion of nitric and nitrous acids, nitrites, nitrates,
> nitrosamines, and other carcinogenic and potentially carcinogenic
> derivatives of oxides of nitrogen."

The addition of oxides of nitrogen (other than the basic NO and NO~2~)
in a group is termed NO~y~. NO~y~ not only includes NO~x~ and NO which
includes other gases of potential ecological importance. Some of these
gases include nitric acid vapor (HNO~3~) and peroxyacetyl nitrate (PAN)
(Seinfeld and Pandis, 1998).

This is further supported by the Clean Air Act, Section 302(h):

> "All language referring to effects on welfare includes, but is not
> limited to, effects on soils, water, crops, vegetation, man-made
> materials, animals, wildlife, weather, visibility, and climate, damage
> to and deterioration of property, and hazards to transportation, as
> well as effects on economic values and on personal comfort and
> well-being, whether caused by transformation, conversion, or
> combination with other air pollutants."

Where the definition includes pollutants caused by "transformation,
conversion, or combination with other air pollutants."

***Climate Change, Ozone and Oxides of Nitrogen***

The Department agrees with the ISA discussion of NO~x~ as a precursor to
other pollutants. NO~x~ is a precursor to nitrous oxide (N~2~O). N~2~O
is a greenhouse gas (GHG) as well as a constituent oxide of nitrogen. As
a GHG it has a greenhouse warming potential of approximately 296 times
that of carbon dioxide (CO~2~) on a 100-year basis (IPCC, 2007).
Furthermore, the Department stresses the dominant role of NO~x~ as a
precursor to ozone formation. While the Department agrees with the
inclusion of this analysis, we encourage future standards to also
reflect this fact.

**Specific Comments:**

Page 2-2 line 23 remove the word "though".

Page 5-3 line 20 states "...conterminous United States (CONUS)..." while
in the abbreviations and acronyms section (page xxiv) CONUS is defined
as continental United States.

Page 5-3 line 29 uses the word "geogenic." While it may be clear what
the intended use of this word is, it is not defined online or in current
dictionaries. This may be a good word to define in the glossary.

Page 5-36 line 22 has a missing citation. Only the word (cite) is shown.

Page 5-37 lines 2 and 3 write: "Regions where vulnerable ecosystems
occur in the United States include New England, the Appalachian
Mountains, and the Upper Midwest and high elevation areas of the East."
I would suggest the following: "Regions where vulnerable ecosystems
occur in the United States include New England, the Appalachian
Mountains, the Upper Midwest and high elevation areas of the East."

Page 5-37 line 4 writes "The ISA focuses on two case studies for which
to provide more detail:" I would suggest; "The ISA focuses on two case
studies which provide more detail:"

Page 5-37 line 5 mentions the Adirondacks (NY) and Shenandoah National
Park, I would suggest placing the state of Virginia after Shenandoah
National Park to keep it consistent and informative.

Page 5-37 line 16 writes "...but cause the mortality of other organisms
in that occur in the same forests..." I would suggest removing the first
"in" to write: "...but cause the mortality of other organisms that occur
in the same forests..."

Sincerely,

John T. Higgins, P.E.

Assistant Director

Enclosures

cc: Richard Ruvo, EPA Region 2

bcc:

C. McCarthy

J. Higgins

R. Sliwinski

R. Stannard

O. Papageorgiou