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Technical Support Document for 2008 Ozone NAAQS Designations

EPA Region 2

Tribal Nations in EPA Region 2

Area Designations for the 

2008 Ozone National Ambient Air Quality Standards

Introduction and Background Information

Two Tribal Nations’ lands are affected by the designation of metropolitan areas in New York State as 

nonattainment for the 2008 ozone national ambient air quality standard. The table below identifies the

counties New York State that EPA intends to designate as nonattainment for the 2008 ozone national 

ambient air quality standards (2008 NAAQS). In accordance with section 107(d) of the Clean Air Act, 

EPA must designate an area (county part of a county) “nonattainment” if it is violating the 2008 ozone 

NAAQS or if it is contributing to a violation of the 2008 ozone NAAQS in a nearby area. The technical 

analysis supporting the boundaries for the individual nonattainment areas is provided in a separate 

Technical Support Document. 

Table 1. Intended Nonattainment Areas in New York State

Area 

New York State's Recommended 

Nonattainment Counties

EPA’s Intended Nonattainment 

Counties

Jamestown – Dunkirk -

Fredonia, NY Chautauqua* Chautauqua*

New York – Northern New 

Jersey – Long Island, NY, NJ, 

CT, PA Area** (NY portion)

Bronx, Kings, Nassau, New 

York, Queens, Richmond, 

Rockland, Suffolk***, 

Westchester

Bronx, Kings, Nassau, New 

York, Queens, Richmond, 

Rockland, Suffolk***, 

Westchester

*This county contains a portion of the Seneca Nation of Indians Cattaraugus Indian Country that extends 

over three counties. The other two counties are not contributing to nonattainment in Chautauqua 

County. EPA proposes to designate the entire Cattaraugus Indian Country as attainment for the reasons 

listed later in this document. 

** This nonattainment area is a multi-state nonattainment area. 

*** This area also includes Indian Country, the Shinnecock Indian Nation, that is wholly contained in 

this nonattainment area and which EPA intends to include in the nonattainment area. However, EPA is 

not making a separate designation for the Shinnecock Indian Nation because is it wholly included in the 

nonattainment area and the Shinnecocks have not requested a separate designation. 

Regarding the Tribal Lands in the Jamestown area

On October 26, 2011, New York State submitted a revised recommendation that Chautauqua County be 

designated as nonattainment for the 2008 ozone NAAQS based on air quality data from 2008-2010. The 

Seneca Nation of Indians did not submit a recommendation for the designation of Cattaraugus 

Reservation. Chautauqua County overlaps a portion of the Seneca’s lands, known as the Cattaraugus 

Reservation. Based on EPA's technical analysis described in the enclosed Tribal TSD, EPA believes 

that the emissions from the tribal lands are not contributing to nonattainment in the Jamestown-Dunkirk-
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Fredonia nonattainment area and we intend to designate the Cattaraugus Reservation as 

unclassifiable/attainment for the 2008 ozone NAAQS. 

Air Quality Data 

Chautauqua County is the only county in the Jamestown – Dunkirk – Fredonia, NY metropolitan area. 

Chautauqua County is the only county in upstate New York that records a violation of the 2008 ozone 

NAAQS. Design values for New York State are attached: 

2010 NY O3 DV.pdf

The Jamestown – Dunkirk - Fredonia, NY area has previously established nonattainment boundaries 

associated with the 1997 8-hour ozone NAAQS. The state(s) have recommended the same boundary for 

the 2008 ozone NAAQS and is the same as the metropolitan area boundary. 

The Jamestown – Dunkirk - Fredonia, NY area also includes portions of Indian country. As defined at 

18 U.S.C. 1151, “Indian country” refers to: “(a) all land within the limits of any Indian reservation under 

the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, 

including rights-of-way running through the reservation, (b) all dependent Indian communities within 

the borders of the United States whether within the original or subsequently acquired territory thereof, 

and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to 

which have not been extinguished, including rights-of-way running through the same.” EPA recognizes 

the sovereignty of tribal governments, and has attempted to take the desires of the tribes into account in 

establishing appropriate nonattainment area boundaries.

The Seneca Nation of Indians areas of Indian Country, called the Cattaraugus Reservation, are partially 

within the boundary of Chautauqua County. These lands are on the northeast, or prevailing downwind 

side, of Chautauqua County. The rest of the contiguous Tribal lands are within the boundaries of two 

other counties, both of which we intend to designate as unclassifiable/attainment for the 2008 ozone 

standard. In the interest of not splitting the areas of Indian country and because we believe the tribal 

lands located in the adjoining counties are not contributing to violations within the county, we intend to 

designate the Seneca Nation’s Cattaraugus Reservation as unclassifiable/attainment with regard to 0.075 

ppm ozone standard. EPA Region 2 staff have discussed this with the environmental representatives of 

the Tribe and they have no objections to the designation of unclassifiable/attainment. 
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Technical Analysis for Cattaraugus Reservation-Seneca Nation of Indians

Note: The technical analysis is not intended to be used for jurisdictional issues. This analysis was 

performed to determine if the Cattaraugus Reservation should be included in the JamestownDunkirk-Fredonia, NY Micropolitan Statistical Area (Jamestown) nonattainment area. 

Figure 1, attached, is a map of the Cattaraugus Reservation in relation the area EPA intends to designate 

as the Jamestown-Dunkirk-Fredonia, NY nonattainment area. The intended nonattainment area is 

Chautauqua County, NY. A small portion of the Reservation overlaps with the northern border of 

Chautauqua County. The map shows the location of air quality monitors and their associated design 

values upwind and downwind of the Reservation. Areas on the map colored blue indicate the 

Jamestown nonattainment area. The gray area indicates the location of the Reservation. 

On October 26, 2011, New York State submitted a revised recommendation that Chautauqua County be 

designated as nonattainment for the 2008 ozone NAAQS based on air quality data from 2008-2010. The 

Seneca Nation of Indians did not submit any recommendations for the designation of Cattaraugus 

Reservation. The boundaries of Chautauqua County and the Reservation overlap. Based on EPA's 

technical analysis described below, EPA intends to designate the Cattaraugus Reservation in its entirety 

as unclassifiable/attainment for the 2008 ozone NAAQS. 

Factor Assessment

Factor 1: Air Quality Data 

There are no air monitors on the Reservation. An air monitor located downwind in Erie County is 

attaining the ozone standard, so it does not indicate that the Reservation is adversely impacting air 

quality.

Factor 2: Emissions and Emissions-Related Data

Emissions

There are no permitted facilities on the Reservation. There are no known sources located on the 

Reservation, such as Tribally-owned casinos, that may have emissions impacts.

Population density and degree of urbanization

EPA evaluated the population and vehicle use characteristics and trends of the area as indicators of the 

probable location and magnitude of non-point source emissions. These include ozone-creating 

emissions from on-road and off-road vehicles and engines, consumer products, residential fuel 

combustion, and consumer services. Areas of dense population or commercial development are an 

indicator of area source and mobile source NOx and VOC emissions that may contribute to ozone 

formation. Rapid population or VMT growth (see below) in a county on the urban perimeter signifies 

increasing integration with the core urban area, and indicates that the associated area source and mobile 

source emissions may be appropriate to include in the nonattainment area. 
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The 2010 Demographic Profile data as collected by the U.S Census Bureau (U.S. Census Bureau 

population estimates for 2010 as of November 25, 2011, http://www.census.gov/popfinder; NY –

Cattaraugus Reservation data) indicates that the total population of the Reservation that overlaps with 

Chautauqua County is 38. Discussions with the Seneca Nation of Indians Environment Division also 

confirm that the area is sparsely populated. The small population is unlikely to have an impact on the 

Jamestown nonattainment area. Table 6 shows the census data used for this evaluation.

Traffic and commuting patterns

EPA evaluated the commuting patterns of residents in the area, as well as the total Vehicle Miles 

Traveled (VMT) for each county. In combination with the population/population density data and the 

location of main transportation arteries (see above), this information helps identify the probable location 

of non-point source emissions. A county with high VMT and/or a high number of commuters is 

generally an integral part of an urban area and indicates the presence of motor vehicle emissions that 

may contribute to ozone formation. Rapid population or VMT growth in a county on the urban perimeter 

signifies increasing integration with the core urban area, and indicates that the associated area source

and mobile source emissions may be appropriate to include in the nonattainment area. 

The New York State Department of Transportation does not have traffic counts for roads on the 

Reservation that overlaps with Chautauqua County. No major roadways are located in the overlapping 

area. The census reported population for this area is also very low (see Population density and degree 

of urbanization) and the small population has little traffic impact on the Jamestown nonattainment area.

Factor 3: Meteorology (weather/transport patterns)

EPA evaluated any available meteorological data to help determine how meteorological conditions, such 

as weather, transport patterns and stagnation conditions, would affect the fate and transport of precursor 

emissions contributing to ozone formation. 

The Reservation is downwind of the Jamestown nonattainment area. Emissions transport to the 

nonattainment area is likely to be low or nonexistent. This factor did not play a significant role in this 

evaluation.

Factor 4: Geography/topography (mountain ranges or other air basin boundaries)

The geography/topography analysis evaluates the physical features of the land that might affect the 

airshed and, therefore, the distribution of ozone over the area.

The Cattaraugus Reservation does not have any geographical or topographical barriers significantly 

limiting air pollution transport within its air shed. Therefore, this factor did not play a significant role in 

this evaluation.
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Factor 5: Jurisdictional boundaries

Once the general areas to be included in the nonattainment area were determined, EPA considered

existing jurisdictional boundaries for the purposes of providing a clearly defined legal boundary and 

carrying out the air quality planning and enforcement functions for nonattainment areas. Examples of 

jurisdictional boundaries include existing/prior nonattainment areas for ozone or other urban-scale 

pollutants, counties, air districts, townships, metropolitan planning organizations, state lines, 

Reservations, urban growth boundary, etc. Where existing jurisdictional boundaries are not adequate to 

describe the nonattainment area, other clearly defined and permanent landmarks or geographic 

coordinates were considered.

EPA recognizes the sovereignty of tribal governments and tribal lands in defining appropriate 

nonattainment area boundaries. The Jamestown nonattainment area (Chautauqua County) intersects 

with the Reservation. EPA recognizes the Tribal boundaries and will not split the Reservation into 

separately designated areas. EPA has decided on an unclassifiable/attainment designation since a 

majority of the Reservation is an attaining area and does not contribute to violating air quality monitors.

Conclusion

Based on the assessment of factors described above, EPA has preliminarily concluded that the Seneca 

Nation of Indian’s Cattaraugus Reservation does not contribute to violations in the Jamestown 

nonattainment area and will be classified as unclassifiable/attainment. The Reservation has a small 

population, no known sources, and is located downwind of violating monitors. EPA does not believe 

that the Reservation impacts the air quality of the Jamestown nonattainment area.
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Figure 1 Map showing Cattaraugus Reservation in relation to the proposed Jamestown nonattainment area (Chautauqua County).
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Table 6: Census information for the Cattaraugus Reservation.
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Technical Analysis for Tribal Lands in the New York – Northern New Jersey –

Long Island, NY, NJ, CT, PA Area (NY portion)

The Shinnecock Indian Nation, is wholly located within Suffolk County in the intended New York –

Northern New Jersey – Long Island, NY, NJ, CT nonattainment area. EPA does not intend to issue a 

separate designation for the Shinnecock Nation, but their Tribal Lands will also be nonattainment, the 

same designation as the surrounding lands.

Figure 2

Figure 2 is a map of the New York – Northern New Jersey – Long Island, NY, NJ, CT, PA potential

nonattainment area. The map provides other relevant information including the locations and design 

values of air quality monitors, county and other jurisdictional boundaries, as well as CSA/CBSA 

boundary, existing nonattainment or maintenance boundary for 1997 ozone NAAQS, major 

transportation arteries.

On March 12, 2009, New York State recommended that the entire counties of Bronx, Kings, Nassau, 

New York, Queens, Richmond, Rockland, Suffolk, Westchester be designated as nonattainment for the 

2008 ozone NAAQS based on air quality data from 2006-2008. New York State provided an update to 

the original recommendation on October 26, 2011 based on air quality data from 2008-2010. This area 

includes the same counties designated as nonattainment for the 1997 ozone standard. These data are 

from Federal Reference Method (FRM) monitors sited and operated in accordance with 40 CFR Part 58. 
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After considering these recommendations and based on EPA's technical analysis described below, EPA 

intends to designate the counties in New York State’s requests as “nonattainment” for the 2008 ozone 

NAAQS as part of the New York – Northern New Jersey – Long Island, NY, NJ, CT nonattainment 

area, as described in Table 1 at the beginning of this document.

Conclusion

The New York – Northern New Jersey – Long Island, NY, NJ, CT area also includes the Shinnecock 

Nation Indian country. As defined at 18 U.S.C. 1151, “Indian country” refers to: “(a) all land within the 

limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding 

the issuance of any patent, and, including rights-of-way running through the reservation, (b) all 

dependent Indian communities within the borders of the United States whether within the original or 

subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all 

Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running 

through the same.” EPA recognizes the sovereignty of tribal governments, and has attempted to take the 

desires of the tribes into account in establishing appropriate nonattainment area boundaries. In this case, 

the Shinnecock Nation lands are inside of the New York – Northern New Jersey – Long Island, NY, NJ, 

CT intended nonattainment area and will be included in the nonattainment area.