ANDREW M. CUOMO GOVERNOR STATE OF NEW YORK DEPARTMENT OF ENVIRONMENT AL CONSE RVATION ALBANY, N EW YORK 12233- 1010



### Honorable Lisa P. Jackson Administrator United States Environmental Protection Agency USEPA Headquarters

- Mail Code: 1l

### O 1 A Ariel Rios Building 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Dear Administrator Jackson: 

# JUN 2

# 0 2012 JOE MARTENS COMM ISSIONER



### I am writing to you concerning an issue ofthe utmost importance to the State ofNew York, attainment ofthe ozone standards. The United States Envirorunental Protection Agency (EPA) recently promulgated a final rule designating the New York-N. New Jersey

- Long Island, NYNJ-CT area (New York City metropolitan area) and Jamestown (Chautauqua County) as nonattainment ofthe 2008 ozone national ambient air quality standard (NAAQS). 1 

### I am asking EPA to take immediate action to address the transport ofpollutants thatcontribute significantly to nonattairunent in New York. In addition, I am requesting that you reclassify the New York City metropolitan area as a "moderate" nonattairunent area. After receiving your letter ofApril 30, 2012 notifying him ofthese pending designations, Governor Cuomo asked me to write you regarding the transport ofozone into New York State. In your letter to the Governor, you recognized "that pollution crossing state boundaries can contribute to downwind violation ofNational Ambient Air Quality Standards." ForNew York, and other northeastern states, addressing transported ozone will be critical to meeting the 2008 ozone standard. For over twenty years, NewYork State and the other Ozone Transport Commission (OTC) states have implemented a series ofever stricter control measures to reduce nitrogen oxides (NOx) and volatile organic compound (VOC) emissions
. Many upwind contributor states have yet to adopt the most basic ofthese control measures. Nevertheless, EPA has granted NOx waivers to some ofthose states (as recently as 2010) that allow significant'large sources ofNOx emissions to remain uncontrolled. This approach results inan inequitable distribution ofcontrol costs and is causing, or significantly contributing to, ozone nonattairunent problems inNew York City and western New York (Jamestown).

I

- 77 Federal Register 30088, "Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards"

### 2. In 2004, after many years ofdebate and analyses, reductions from the NOx SIP call were realized and regional ozone levels declined. Despite this clear example ofthe importance of regional NOx reductions, EPA is proposing to designate some upwind areas (Detroit and Louisville) as attainment even though 2009 to 2011 ozone data shows nonattainment ofthe NAAQS. Furthermore, EPA staffadvises us that the Agency will nottake action to reduce significant upwind contributions until after the next review ofthe ozone NAAQS is completed in late 2014. New York and other eastern seaboard states need EPA's assistance now in achieving regional NOx reductions. Fulfilling our mutual obligation to protect public health from harmful air pollution does not allow us to wait until the latterhalfofthe decade, after EPA makes designations in 2016 under a new ozone standard that may be adopted in 2014. I am also requesting a "Five Percent" reclassification ofthe New York City metropolitan area from "marginal" to "moderate" pursuant to Clean Air Act section 181(a)(4). The New York City metropolitan area is eligible for this reclassification because its design value of0.084 ppm is within five percent of0.085 ppm, the threshold for a "moderate" classification. Inthe alternative, please consider this a voluntary reclassification request under the provisions of section 18l(b)(3) ofthe Clean Air Act. Predictive air quality screening modeling conducted by the Department ofEnvironmental Conservation (DEC) indicates NOx emission reductions on the order of68% from 2007 levels throughout the Eastern United States are needed to attain the ozone NAAQS in the New York City metropolitan area. Accordingly, DEC estimates that the earliest that theNew York City metropolitan area will be able to attain the 2008 ozone NAAQS is the year 2018. Additional supporting information is provided inthe enclosed analysis. This reclassification will not delay proposed environmental improvements and emission reductions in New York State. New York has implemented measures that will continue to reduce emissions (CA low emission vehicle program); will get additional reductions from adopted regulations still to be implemented (i.e. NOx RACT); and is moving forward with additional control measures as expeditiously as practicable
. However, as shown in the enclosed analysis, these reductions alone will notbe enough to realize attainment. The "marginal" classification is intended for those areas that are expected to come into attainment due to the reductions ofozone precursors from already adopted programs. Application ofthe marginal classification to areas that clearly need additional reductions will only serve to delay implementation ofneeded programs. Itwill result in states taking a "wait and see" approach that will not result in any appreciable planning and control implementation to reduce ozone. A "moderate" classification will require DEC to engage New Jersey and Connecticut in an ozone planning process. This process will identify the emissionreductions in the New York City metropolitan area and in upwind areas that are needed to attain the 2008 ozone NAAQS. Without a strategy to adequately address both local and transported pollution, it is likely to take even longerto attain the standard. I look forward to your approval ofthis request and to working with you to address the challenge ofreducing ozone levels across the eastern United States
.3.
Please call me at (518) 402-8540 ifyou have any questions.

Enclosures4

. 

### New York Metropolitan Area Reclassification Analysis TheNew York-N
. New Jersey-Long Isla nd, NY-NJ-CT area (New York Citymetropolitan area) has been designated nonattainment with a "marginal" classification for the 2008 ozone na tional ambient air qua lity standard (NAAQS). Clean Air Act (CAA) section 181(a)(4) provides that a state may request that the EPA reclassify a nonattainment area within the state to a higher classification if the design value is within five percent oft he next higher classification
. The design value for the New York Citymetropolitan area is 0.084 ppm. The New York State Department ofEnvironmental Conservation (DEC) has analyzed attainment modeling results, estimated required emissions reductions t o attain the NAAQS, reviewed emissions trends and considered economicrealities
. Consequently, the Departmenthereby requests a voluntary reclassification ofthe New York metropolitan area from "marginal" to "moderate" for the following reasons: As indicated in the chart below, preliminary modeling conducted by the Department for the Ozone Transport Commission (OTC) Modeling Committee shows that NOx emissions reductions on the order of68% from 2007 levels throughout the Eastern United States are needed to attain the 2008 NAAQS of0.075 ppm in the New York City metropolitan area. Even with those levels ofreductions, the Bayonne, NJ monitor, which is part ofthe New York metropolitan nonattainment area, is still actually predicted to exceed the nonattainment threshold
.

White Plains Camden NJ 73 67 Bristol P A 72 66 Greenwich CT 72 66 Babylon 71 65 NEA PA 70 64 NYC
-Queens NJ 74 72 71 Clarksboro NJ 74 69 63 Edgewood MD 71 66 57 Chicopee MA 70 65 58
5/ 2

4/2

0 12 

## I NOTE: Afull set or results were provided in the packets 20 

### The DEC predicts that it will take from 6 to l

### Oyears to implement the measures necessary to realize this level ofcontrol throughout the Eastern United States. Therefore, a moderate ozone nonattainment classificat ion is needed to allow sufficient time to plan for, adopt and implement the measures needed to attain. A marginal ozone nonattainment classification will 

### actually have

### 5. the perverse effect ofdelaying attainment since it does not carry any required emission reductions nor does it require any planning efforts to determine the level ofreductions needed to attain. The presumption is that the marginal area will come into attainment through reductions from measures already in place. Without the impetus ofthe Clean Air Act requirements ofa higher classification, 

### itis unrealistic to assume that any meaningful planning and control measure development will actually take place. This will no doubt result in continued nonattainment in 2015 and beyond which will have the effect ofdelaying the necessary programs to attain the 2008 ozone NAAQS at least another three (3) years. New York State and other OTC states, as a result ofCAA requirements and through their own volition, have already adopted a series ofmeasures, including reasonably available control technology (RACT) control measures, low emission vehicle standards, limits on consumer products and high electric demand day initiatives to reduce NOx and volatile organic compound (VOC) emissions. These programs will have the effect ofreducing ozone levels in the near term. The OTC modeling committee has performed other modeling which illustrates the impacts of those measures on ozone air quality. It 

### is clear from this analysis, however, that without substantial emission reductions from areas throughout the Eastern United States, the New York City metropolitan area will not be able to attain the 2008 NAAQS by 2015 as demonstrated in the two following charts. 

## CMAQ Scenario 5 Results - OTR Only 2015

Preliminary '~ 

### C u:) · 

### ' C · ' ; ~ ;

### tJ ' ' ' Note: In preliminary run, reductions were applied only within the OTR.

# CALGRID Scenario 5- 2015

Preliminary Future Design Values for 8-Hour Ozone Scenario S

- 2015 Base Case

CALGJUO 1111.111 ModdiogD..imllio NHDt!S!.'3112 EPISODES Jun• U •July 23, 2002 July 30 • Augut 11, 2002

OESIGN VALUH

200&·1010 RRF THRESHOLDS 71 PP8, to PPB EM ISS ION$ IA8E

2002 Gau

R ang• (ppb) e <60 e iO · t,U • &e;

. st.t

70-74,9
• 7$·7'9.t
• 80 · 90
• >a\15 

### 6.

Scenario 5 represents estimates ofemission reductions from existing programs and additional reductions from programs that 

### will be implemented by 2015. As seen above in CMAQ and CALGRID Scenario 5 modeling results, even with the additional reductions from adopted measures inNew York, the OTC and the entire Eastern United States, nonattainment 

### will persist. Scenario 5 for CMAQ modeled a 48% reduction 

### ofon-road NOx emissions and a 43% reduction 

### ofelectric generating unit (EGU) NOx emissions in 2015. Scenario 5 for CALGRID modeled a 37%reduction ofon-road NOx emissions and a 31% reduction in EGU emissions in 2015. With a projected design value of0.082 ppm in 2015, it is the obligation ofthe EPA to reclassify the New York City area to moderate nonattainment. This reclassification will actually serve to expedite the efforts needed to attain the standard. It also should be noted that the EPA's own analysis for the final implementation rule for the 2008 ozone NAAQS predicts nonattainment beyond the 2015 marginal attainment deadline.2 Accounting for reductions from adopted measures throughout the country, the EPApredicts that the New York City metropolitan area ozone design value 

### will be 0.0795 ppm in 2015.3 On a related note, in 2011 the EPA finalized the Cross-State Air Pollution Rule (CSAPR) to reduce annual sulfur dioxide (S02) emissions, annual nitrogen oxides (NOx) emissions and/or
2 77 Federal Register 30160 (May 21, 2012) [EPA-HQ-OAR-2010-0885, FRL-9667-9] 3 EPA-HQ-OAR-2010-0885-0011 "Nonattainment Area Projections of2008-2010 Design Values to 2015"7.

ozone season NOx emissions from power plants to address the section 11 O(a)(2)(D) transported air pollution requirements, thereby assisting States in attaining the 1997 ozone and fine particle and 2006 fine particle NAAQS4• It does not address the 2008 ozone NAAQS. As seen by the analyses presented here, significant reductions in upwind areas are necessary to address nonattainment. As documented in the CS APR rulemaking, at least fifteen ( 15) upwind states contribute significantly to nonattainment ofthe 2008 ozone NAAQS in the New York City metropolitan area. 5 The EPA has yet to determine how it 

### will address states' failure to address their obligations under section 1 1 O(a)(2)(D). 

### It should be noted that many states have not yet adopted basic control strategies such as major source NOx RACT and some upwind states have been granted NOx waivers which allows those states to leave large significant sources ofNOx emissions uncontrolled. This situation is causing an inequitable distribution ofcontrol costs; and is causing, or significantly contributing to, ozone nonattainment in downwind areas, including the New York City metropolitan area.

4 76 Federal Register 48208 (July 6, 2011) [EPA-HQ-OAR-2009-0491; FRL-9436-8) 5 EPA

-HQ

-OAR-2011-0338-0002 "Air Quality Modeling Final Rule Technical Support Document (TSO)" June 2011"