UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEW YORK, NY 10007-1866 

## FEB 1 6 2016 Mr. Basil Seggos Acting Commissioner New York State Department ofEnvironmental Conservation 625 Broadway, 14thFloor Albany, NY 12233-1010 Dear Acting Commissioner Seggos: Thank you for your recommendations dated September 18,2015 on air quality designations for the State ofNew York for the 2010 revision to the primary National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (S02). Reducing levels of S02 pollution is an important part ofthe U.S. Environmental Protection Agency's (EPA's) commitment to a clean, healthy environment. Exposure to S02 can cause a range ofadverse health effects, including narrowing ofthe airways which can cause difficulty breathing and increased asthma symptoms. This letter is to notify you ofthe EPA's preliminary intentions regarding your recommended designations. On June 3,2010, the EPA strengthened the health-based or "primary" standard for S02 by establishing a standard for I-hour average S02 concentrations at alevel of75 parts per billion. Within 1year after a new orrevised standard is established, the Clean Air Act requires the governor of each state to submit to the EPA a list ofall areas in the state, with recommendations for whether each area meets the standard. Through an interactive process, the EPA considers the recommendations and then promulgates designations for all areas across the country. On July 25,2013, the EPA designated 29 areas in 16 states as nonattainment, but did not at that time designate other areas. Pursuant to aMarch 2,2015, courtordered schedule, 1 the EP-Amu'S(coli;i:pletetl
.).el1emainingS02 designations by three specific deadlines: July 2, 2016, December 31, 2017, and December 3

## r,,2020. This current round ofdesignations, to be completed by July 2, 2016, addresses two groups ofareas: (1) areas that have newly monitored violations ofthe 2010 S02 NAAQS based on the most recent 3 calendar years ofcertified monitored ambient air quality data, and (2) areas that contain any stationary source that had not been announced as ofMarch 2,2015, for retirement and that according to the EPA's Air Markets Database emitted in 2012 either (i) more than 16,000 tons of S02 or (ii) more than 2,600 tons of S02 with an annual average emission rate ofat least 0.45 pounds of S02/mmBTU. After carefully considering New York's recommendations and other available technical information, the EPA intends to designate as unclassifiable/attainment the following areas, including the following counties orportions ofcounties:

1Sierra Club v.McCarthy, No. 3-13-cv-3953 (SI) (N.D. Cal. Mar. 2, 2015).
Internet Address (URL) • httpl/www.epa
.gov Recycled/Recyclable· Printed with Vegetable 011Based Inks on Recycled Paper (Minimum 50% Postconsumer content)Intended Unclassifiablel Attainment Area Counties*

Erie County Niagara County The asterisk (*) indicates the boundary for this intended unclassifiable/attainment area which represents amodification to the boundary that you recommended. Since New York has not evaluated the impact to Cattaraugus County from nearby areas in its recommendation, and in conjunction with the fact that Cattaraugus County does not contain any areas meeting the conditions requiring designation by July 2, 2016, the EPA is not proposing to designate any portion ofCattaraugus County atthis time. The enclosed Technical Support Document provides a detailed analysis that supports our intended designation decisions. Ifyour state has additional information that the EPA should consider prior to finalizing these designations, please submit itto us by April 19, 2016. We also will be publishing a notice inthe Federal Register announcing a 30-day period for the public to provide input on the EPA's intended designation decisions. We will promulgate the designations for these areas by July 2,2016. We will designate all other previously undesignated areas in the state on a schedule consistent with the prescribed timing ofthe court order, i.e., by December 31,2017, or December 31, 2020. We look forward to a continued dialogue with you and your staff as we work together to complete the area designations and implement the 2010 primary S02 standard. For additional information regarding designations under the S02 standard, please visit our website atwww.epa.gov/so2designations. Should you have any questions, please do not hesitate to call me, orhave your staff contact Ariel Iglesias ofmy staff at (212) 637-3315 or Iglesias.Ariel@epa.gov. Sincerely,



# Ovd"

-f+1 

# :;1
. 

# t'~ 

# f Judith A. Enck Regional Administrator Enclosure
cc: Dave Shaw, Director ofAir Resources New York State Department ofEnvironmental Conservation Robert Sliwinski, Director ofAir Quality Planning New York State Department ofEnvironmental Conservation Janet G. McCabe, Acting Assistant Administrator for Air and Radiation Stephen D. Page, Director, Office ofAir Quality Planning and Standards
2