1

Technical Support Document for 2008 Ozone NAAQS Designations

EPA Region 2

New York

Area Designations for the 

2008 Ozone National Ambient Air Quality Standards

The table below identifies the areas and associated counties or parts of counties in 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 analyses 

supporting the boundaries for the individual nonattainment areas are provided below.

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. 

EPA intends to designate the remaining counties in New York State that are not listed in the table above 

as “unclassifiable/attainment” for the 2008 ozone NAAQS. 

The analysis below provides the basis for intended nonattainment area boundaries. It relies on our 

analysis of whether and which monitors are violating the 2008 ozone NAAQS, based on certified air 

quality monitoring data from 2008-2010 and an evaluation of whether nearby areas are contributing to 

such violations. EPA has evaluated contributions from nearby areas based on a weight of evidence 

analysis considering the factors identified below. EPA issued guidance on December 4, 2008 that 

identified these factors as ones EPA would consider in determining nonattainment area boundaries and 

recommended that states consider these factors in making their designations recommendations to EPA.

1

 

 

1 The December 4, 2008 guidance memorandum “Area Designations for the 2008 Revised Ozone National Ambient Air 

Quality Standards” refers to 9 factors. In this technical support document we have grouped the emissions-related factors 

together under the heading of “Emissions and Emissions-Related Data,” which results in 5 categories of factors.
2

1. Air quality data (including the design value calculated for each FRM or FEM monitor in the 

area);

2. Emissions and emissions-related data (including location of sources and population, amount of 

emissions and emissions controls, and urban growth patterns);

3. Meteorology (weather/transport patterns);

4. Geography and topography (mountain ranges or other basin boundaries);

5. Jurisdictional boundaries (e.g., counties, air districts, existing nonattainment areas, Indian 

country, metropolitan planning organizations (MPOs))

Ground-level ozone is not emitted directly into the air, but is created by chemical reactions between 

oxides of nitrogen (NOx) and volatile organic compounds (VOC) in the presence of sunlight. Because 

NOx and VOC emissions from a broad range of sources over a wide area typically contribute to 

violations of the ozone standards, EPA believes it is important to consider whether there are contributing 

emissions from a broad geographic area. Accordingly, EPA chose to examine the 5 factors with respect 

to the larger of the Combined Statistical Area (CSA) or Core Based Statistical Area (CBSA) associated 

with the violating monitor(s).

2 All data and information used by EPA in this evaluation are the latest 

available to EPA and/or provided to EPA by states or tribes.

In EPA’s designations guidance for the 2008 ozone NAAQS EPA recommended examining 

CSA/CBSAs because certain factors used to establish CSAs and CBSAs are similar to the factors EPA is 

using in this technical analysis to determine if a nearby area is contributing to a violation of the 2008

ozone NAAQS. EPA used the same basic approach in the designation process for the 1997 ozone 

NAAQS. Where a violating monitor is not located in a CSA or CBSA, EPA’s guidance recommended

using the boundary of the county containing the violating monitor as the starting point for considering 

the nonattainment area’s boundary. 

 

2 Lists of CBSAs and CSAs and their geographic components are provided at 

www.census.gov/population/www/metroareas/metrodef.html . The lists are periodically updated by the Office of 

Management and Budget. EPA used the most recent update, based on 2008 population estimates, issued on December 1, 

2009 (OMB Bulletin No. 10-02).
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Technical Analysis for Jamestown-Dunkirk-Fredonia, NY

Figure 1 

Figure 1 is a map of the Jamestown-Dunkirk-Fredonia nonattainment area. The map provides other

relevant information including the locations and design values of air quality monitors, county and other 

jurisdictional boundaries. 

The metropolitan area boundary is the same as the county boundary, so Chautauqua County is the 

default nonattainment area. In addition, Chautauqua County is the existing 1997 ozone NAAQS 

nonattainment area. Other nearby counties in New York are downwind of Chautauqua County and no 

other monitors in upstate New York are violating the ozone standard. Thus, Chautauqua County is the 

default nonattainment area and EPA’s analysis gives us no basis to include additional counties in New 

York State to the Jamestown-Dunkirk-Fredonia nonattainment area.

In October 2011, New York State recommended that Chautauqua County be designated as

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

This is the same as New York State’s recommendation from 2009 for this area, updated with recent air 

quality data. These data are from Federal Reference Method (FRM) monitors sited and operated in 

accordance with 40 CFR Part 58, in a network designed to be representative of ozone concentrations 

across the State and approved by EPA for this purpose. 
4

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-DunkirkFredonia nonattainment area and we intend to designate the Cattaraugus Reservation as 

unclassifiable/attainment for the 2008 ozone NAAQS. 

Factor Assessment: Should any surrounding counties in New York be included in the Jamestown 

– Dunkirk - Fredonia, NY Area?

Factor 1: Air Quality Data 

For this factor, we considered 8-hour ozone design values (in ppm) for air quality monitors in counties 

in the Jamestown – Dunkirk - Fredonia, NY area based on data for the 2008-2010 period (i.e., the 2010 

design value, or DV), which are the most recent years with fully-certified air quality data. A monitor’s 

DV is the metric or statistic that indicates whether that monitor attains a specified air quality standard. 

The 2008 ozone NAAQS are met when the annual fourth-highest daily maximum 8-hour average 

concentration, averaged over 3 years is 0.075 ppm or less. A DV is only valid if minimum data 

completeness criteria are met. See 40 CFR part 50 Appendix P. Where several monitors are located in a 

county (or a designated nonattainment area or maintenance area), the DV for the county or area is 

determined by the monitor with the highest level.

The 2010 DVs for the ozone NAAQS for counties in the Jamestown – Dunkirk - Fredonia, NY and 

nearby surrounding area are shown in Table 2. 

Table 2. Air Quality Data.

County State Recommended 

Nonattainment?

2008-2010 Design Value

(ppm)

Chautauqua Yes 0.077

All other monitors in Upstate 

New York No 0.075 or less

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.
5

Factor 2: Emissions and Emissions-Related Data

EPA evaluated whether emissions of ozone precursors (NOx and VOC) and other emissions-related data 

provide information on areas contributing to violating monitors.

Emissions Data

Not evaluated since emissions from neighboring counties do not contribute since they are generally 

downwind of Chautauqua County.

Population density and degree of urbanization

Not evaluated since this factor is not as important for counties outside the nonattaining metropolitan 

area, especially when they don’t contribute to ozone violations since they are generally downwind of 

Chautauqua County.

.

Traffic and commuting patterns

EPA evaluated the commuting patterns of residents in the area. A neighboring county with high VMT 

and/or a high number of commuters coming into the county with a violating monitor 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. Table 3 shows traffic and 

commuting pattern data, including total 2005 VMT and 10-year VMT growth, number of commuters in 

each county who drive to another county within the area, the percent of total commuters in each county 

who commute to other counties within the area, and the total vehicle miles traveled (VMT) for each 

county.

A nearby county could contribute to ozone violations in a nearby county if they are responsible for 

heavy traffic from cars commuting into a violating county. 

Table 3. Traffic and Commuting Patterns. – table to be added

County State Recommended 

Nonattainment?

2008 VMT*

(million miles)

Number Commuting 

to or within any 

violating counties**

Percent Commuting 

to or within any 

violating counties**

[County, State] [Yes or No] [#] [#] [%]

[County, State] [Yes or No] [#] [#] [%]

[Etc.] [Yes or No] [#] [#] [%]

Areawide: [#]

* MOBILE model VMTs are those inputs into the NEI version 1.5. 

** U.S. Census Bureau estimates for 2000 County-to-County Worker Flow 

http://www.census.gov/hhes/commuting/data/commuting.html.

[Draft conclusions based on data from previous designations – final will include analysis of updated 

data.] 
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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. This analysis will use the 32-year average summer surfacelevel wind direction for Chautauqua County and nearby counties.

Summer

COUNTY STATE NNE ENE ESE SSE SSW WSW WNW NNW

Chautauqua NY 0.08 0.06 0.05 0.11 0.23 0.21 0.15 0.10

Cattaraugus NY 0.08 0.05 0.06 0.12 0.20 0.24 0.15 0.10

Erie NY 0.08 0.07 0.06 0.09 0.24 0.29 0.10 0.07

The prevailing winds during the ozone season have a strong southwesterly component, indicating that

Chautauqua County is affected by transported ozone from upwind cities and sources to its south and 

west. The nearby counties, Cattaraugus and Erie, that are not part of the Jamestown-Dunkirk-Fredonia 

area are north and east of Chautauqua County, so they do not affect air quality in the JamestownDunkirk-Fredonia nonattainment area. 

New York State’s March 12, 2009 letter notes that the Dunkirk monitor, with the highest design value in 

Chautauqua County was sited specifically to measure ozone being transported into New York State. 

The design value at this site is tied for second highest in New York State, with only sites in the New 

York City area being higher.

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

The Jamestown – Dunkirk - Fredonia, NY area does not have any geographical or topographical barriers 

significantly limiting air pollution transport within the county. Therefore, this factor did not play a 

significant role in this evaluation.

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.

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. 
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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. 

Conclusion

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

Jamestown – Dunkirk – Fredonia metropolitan area is violating the ozone NAAQS and should be 

designated as nonattainment of the standard. Chautauqua County was the only county included in the 

Jamestown– Dunkirk – Fredonia, NY nonattainment area for the 1997 ozone NAAQS and is the only 

county in the present-day Jamestown– Dunkirk – Fredonia, NY metropolitan area. One of the two air 

quality monitors in Chautauqua County measured violations of the 2008 ozone NAAQS based on the 

2010 DVs. 

No other nearby counties contributes to the ozone violations observed in Chautauqua County. Erie 

County and Cattaraugus Counties adjoin Chautauqua County. Erie County has a monitor that is attaining 

the ozone standard, and being downwind of Chautauqua County does not contribute to the violations 

observed there. Cattaraugus County does not have its own ozone monitor, but since it is in the 

prevailing downwind direction from Chautauqua County, and other monitors representative of 

Cattaraugus County, as well as the rest of upstate New York, are attaining the ozone standard, 

Cattaraugus County is not included in the Jamestown – Dunkirk - Fredonia, NY ozone nonattainment 

area.

After considering these recommendations and based on EPA's preliminary technical analysis, EPA 

intends to designate Chautauqua County, as listed in Table 1, above, as “nonattainment” for the 2008

ozone NAAQS.
8

Technical Analysis for the New York – Northern New Jersey – Long Island, NY, NJ, CT, PA Area 

(NY portion)

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. 

The counties of Putnam, Dutchess, Orange were the Poughkeepsie nonattainment area, separate from the 

New York City nonattainment area for the 1997 ozone NAAQS. However, the counties of Putnam, 

Dutchess, Orange and Ulster are part of New York City’s present CSA. New York State requested that 

these four counties continue to not be included in the New York-Northern New Jersey-Long Island 
9

nonattainment area because the reasons for the previous separation from the New York area, developed 

and evaluated for the 1997 ozone standard, still apply. 

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.

In addition, the Shinnecock Indian Nation, is wholly located within 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.

The important issue in the factor analysis is whether any counties outside the area proposed by New 

York State should be included in the New York City nonattainment area. One specific issue, reviewed 

in the factor analysis is whether the Poughkeepsie area is sufficiently different from the New York City 

area that is should be separate from the New York City nonattainment area.

Factor Assessment

Factor 1: Air Quality Data 

For this factor, we considered 8-hour ozone design values (in ppm) for air quality monitors in counties 

in the portion of the New York – Northern New Jersey – Long Island, NY, NJ, CT, PA CSA within New 

York State based on data for the 2008-2010 period (i.e., the 2010 design value, or DV), which are the 

most recent years with fully-certified air quality data. A monitor’s DV is the metric or statistic that 

indicates whether that monitor attains a specified air quality standard. The 2008 ozone NAAQS is met 

when the annual fourth-highest daily maximum 8-hour average concentration, averaged over 3 years is 

0.075 ppm or less. A DV is only valid if minimum data completeness criteria are met. See 40 CFR part 

50 Appendix P. Where several monitors are located in a county (or a designated nonattainment area or 

maintenance area), the DV for the county or area is determined by the monitor with the highest level.

The 2010 DVs for the ozone NAAQS for New York State’s counties in the intended New York –

Northern New Jersey – Long Island, NY, NJ, CT and nearby surrounding area are shown the attached 

PDF with data from EPA’s Air Quality System database. 

2010 NY O3 DV.pdf

No counties in New York State outside the present boundaries of the New York – Northern New Jersey 

– Long Island, NY, NJ, CT nonattainment area (same counties as the intended EPA area) are violating 

the 2008 ozone NAAQS. Many of the counties in the intended New York – Northern New Jersey –

Long Island, NY, NJ, CT nonattainment area are violating the 2008 ozone NAAQS, therefore they are 

included in the nonattainment area. Some counties don’t have monitors but can be included in the 

intended nonattainment area if they contribute to violating monitors or are near a county with a violating 

monitor. Often monitors in nearby counties are representative of the air quality in counties without a 

monitor (based on EPA’s periodic review of New York’s monitoring network). Some counties in the 

intended nonattainment area are attaining the standard, but are within the New York – Northern New 

Jersey – Long Island, NY, NJ, CT CSA and affect the air quality at the violating monitors in the 
10

intended nonattainment area. (See later factors.) Some of these monitors are attaining only due to local 

scavenging of ozone by emissions that contribute to violations in the New York – Northern New Jersey 

– Long Island, NY, NJ, CT intended nonattainment area. 

Factor 2: Emissions and Emissions-Related Data

EPA evaluated emissions of ozone precursors (NOx and VOC) and other emissions-related data that 

provide information on areas contributing to violating monitors, based on data from the following 

sources:

Emissions Data

EPA evaluated county-level emission data for NOx and VOC derived from the 2008 National Emissions 

Inventory (NEI), version 1.5. This is the most recently available NEI. (See 

http://www.epa.gov/ttn/chief/net/2008inventory.html) Significant emissions levels in a nearby area 

indicate the potential for the area to contribute to observed violations. We will also consider any 

additional information we receive on changes to emissions levels that are not reflected in recent 

inventories. These changes include emissions reductions due to permanent and enforceable emissions 

controls that will be in place before final designations are issued and emissions increases due to new 

sources.

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. Table 5 shows the population, 

population density, and population growth information for each county in the area.

Sources: U.S. Census Bureau population estimates for 2010 as of August 4, 2011 

(http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=DEC_10_PL_GCTPL2.STO5&

prodType=table).

For the New York – Northern New Jersey – Long Island, NY, NJ, CT metropolitan area, EPA has 

assembled these data into a chart that shows why the Poughkeepsie area, as well other nearby counties, 

should not be part of the New York City nonattainment area. Also, counties in the core of the CSA have 

higher emissions and contribute to violations in and downwind of the CSA.

First of all, the Poughkeepsie area, comprising Dutchess, Putnam and Orange Counties, is part of the 

New York – Northern New Jersey – Long Island, NY, NJ, CT, PA CSA, as is Ulster County. However, 

these four counties have each recorded air quality data in attainment of the 2007 ozone standard, based 

on data from 2008 – 2010. 
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Table 5, included after the Conclusion, below, lists the counties in and around the New York – Northern 

New Jersey – Long Island, NY, NJ, CT, PA CSA, rank ordered for several factors that EPA uses to 

determine the appropriateness of contributing to the nonattainment of the ozone standard in the intended 

nonattainment area. 

As seen in this table, Dutchess, Putnam, Orange and Ulster Counties are more commonly ranked with 

counties outside the NYC CSA than with the counties in the core of the CSA. This is particularly 

obvious when factors such as emissions, population and vehicle miles traveled are compared using 

density of these factors per square miles. For example, Rockland County is a small county within, but 

on the edge of, the intended NYC nonattainment area. However, when its emissions, population and 

vehicle miles density per square mile of territory are compared with other counties’, it is clear that 

Rockland is more densely settled and has more emissions and traffic per square mile than the 

Poughkeepsie-area counties adjoining it and is more like the nearby counties in the New York City 

nonattainment area.

While Dutchess and Orange Counties are increasing in population faster than many other counties in the 

New York – Northern New Jersey – Long Island, NY, NJ, CT, PA CSA, this factor is overwhelmed by 

the other factors that show these areas are not contributing to nonattainment in the New York – Northern 

New Jersey – Long Island, NY, NJ, CT intended nonattainment area. Overall, these factors show that 

Dutchess, Putnam, Orange and Ulster Counties are not like the adjoining core counties of the New York 

City area. 

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. Table 4 shows 

traffic and commuting pattern data, including total 2005 VMT and 10-year VMT growth, number of 

commuters in each county who drive to another county within the area, the percent of total commuters in 

each county who commute to other counties within the area, and the total vehicle miles traveled (VMT) 

for each county.

Table 4. Traffic and Commuting Patterns.

County State Recommended 

Nonattainment?

2008 VMT*

(million miles)

Number Commuting 

to or within any 

violating counties**

Percent Commuting 

to or within any 

violating counties**

[County, State] [Yes or No] [#] [#] [%]

[County, State] [Yes or No] [#] [#] [%]

[Etc.] [Yes or No] [#] [#] [%]

Areawide: [#]

* MOBILE model VMTs are those inputs into the NEI version 1.5. 

** U.S. Census Bureau estimates for 2000 County-to-County Worker Flow 

http://www.census.gov/hhes/commuting/data/commuting.html.
12

[Draft conclusions based on data from previous designations. Final will include updated information.]

Dutchess, Orange and Putnam Counties of the Poughkeepsie area and Ulster County of the CSA and 

more distant counties on the edge of the NYC CSA have a large number of commuters transiting into the 

core of the NYC CSA. However, the number of commuters is less than counties intended to be part of 

the NYC nonattainment area, and previous nonattainment areas, e.g., carbon monoxide and particulate 

matter, which are strongly affected by mobile sources, have not included these outlying counties in the 

past NYC nonattainment areas. 

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. This report uses the 32-year average summer surface-level 

wind direction for the design value county and for the counties in the Poughkeepsie area. 

The prevailing winds during the ozone season have a strong southwesterly component, indicating that 

the counties in and north of the Poughkeepsie area do not, almost all cases, affect the air quality at the 

peak monitors in Connecticut, Westchester County and on Long Island. The location of the 

Poughkeepsie area counties outside the line of high ozone concentrations along the northeast corridor of 

major cities is additional evidence that the Poughkeepsie area counties are not part of the ozone problem 

in the New York City nonattainment area. 

Summer

COUNTY STATE NNE ENE ESE SSE SSW WSW WNW NNW

Dutchess NY 0.12 0.06 0.07 0.10 0.24 0.18 0.12 0.11

Putnam NY 0.10 0.10 0.07 0.08 0.22 0.19 0.13 0.11

Ulster NY 0.11 0.06 0.04 0.19 0.21 0.09 0.19 0.10

Orange NY 0.11 0.11 0.06 0.09 0.23 0.16 0.14 0.11

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.

While the New York – Northern New Jersey – Long Island, NY, NJ, CT, area does have much variation 

in topography, land use and many water bodies separating its constituent parts, there are no 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.
13

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.

Dutchess, Putnam and Orange Counties are not part of the same transportation planning organization as 

much of the New York City area. Dutchess, Putnam and Ulster Counties are part of the PoughkeepiseNewburgh Transportation Management Area. Dutchess, Putnam and Orange Counties are the 

Poughkeepsie 1997 ozone nonattainment area and Ulster County was not part of the Poughkeepsie area. 

This also supports keeping the Poughkeepsie area and Ulster County as separate from the New York 

City area, even if they are part of the New York City-based CSA.

 

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.

Conclusion

Based on the assessment of factors described above, EPA has preliminarily concluded that the no 

counties in New York State meet the requirements for being added to the existing New York – Northern 

New Jersey – Long Island, NY, NJ, CT nonattainment area. The intended nonattainment area includes 

all counties with violating monitors and the counties with the highest emissions densities in the New 

York – Northern New Jersey – Long Island CSA. 

Four counties, Dutchess, Putnam and Orange in the Poughkeepsie Area, and Ulster County, are included 

in the New York- Northern New Jersey- Long Island CSA, but these areas’ emissions and vehicle usage 

are not like the other counties in the CSA that are in New York’s proposed nonattainment area. These 

four counties are generally not upwind of the proposed New York City nonattainment area. The 

downwind peak monitors are northeast and east of the center of the intended nonattainment area: on 
14

Long Island, in Westchester County and in Connecticut. And the four counties are north of the peak 

ozone areas. Thus, these four counties outside the intended New York – Northern New Jersey – Long 

Island, NY, NJ, CT nonattainment area have much less influence on ozone in the intended 

nonattainment area than counties in the intended nonattainment area.

 

EPA’s preliminary analysis is that air quality data and analysis of the factors in this report support New 

York’s request that the boundaries from the 1997 ozone NAAQS are appropriate for the nonattainment

boundaries of the New York – Northern New Jersey – Long Island eight-hour ozone nonattainment area.

Table_5

Rank Nox Emissions VOC Emissions Population VMT Rank Nox Density VOC Density Pop Density VMT Density Rank % VMT Grow th Pop Grow th Percent Pop Grow th

1 Suffolk Suffolk Kings Suffolk 1 New York New York New York New York 1 Wayne Suffolk Pike

2 Hudson Queens Queens Nassau 2 Hudson Kings Kings Bronx 2 Pike Ocean Monroe

3 Queens Kings New York Hartford 3 Kings Bronx Bronx Kings 3 New Haven Middlesex Ocean

4 New York New York Suffolk Westchester 4 Queens Queens Queens Queens 4 Hartford Bronx Lehigh

5 Kings Nassau Bronx Bergen 5 Bronx Hudson Hudson Hudson 5 Lackawanna New York Northampton

6 Fairfield Westchester Nassau Fairfield 6 Union Richmond Richmond Union 6 Fairfield Kings Wayne

7 Nassau Bronx Westchester Middlesex 7 Essex Union Essex Essex 7 Monroe New Haven Orange

8 Essex Fairfield Fairfield New Haven 8 Richmond Nassau Union Nassau 8 Lehigh Lehigh Atlantic

9 Middlesex Bergen Bergen Queens 9 Bergen Essex Nassau Bergen 9 Bucks Hartford Middlesex

10 New Haven Middlesex Hartford Monmouth 10 Nassau Bergen Bergen Richmond 10 Hampden Fairfield Somerset

11 Hartford Bucks New Haven Morris 11 Middlesex Middlesex Middlesex Middlesex 11 Berkshire Northampton Rockland

12 Union Hartford Middlesex Bucks 12 Northampton Westchester Passaic Westchester 12 Hudson Monroe Burlington

13 Bergen New Haven Essex Essex 13 Mercer Suffolk Westchester Suffolk 13 Union Orange Dutchess

14 Westchester Ocean Hudson Burlington 14 Westchester Passaic Mercer Passaic 14 Essex Bucks New London

15 Bucks Monmouth Monmouth Kings 15 Fairfield Rockland Rockland Mercer 15 Bergen Hudson Middlesex

16 Northampton Essex Bucks Bronx 16 Suffolk Mercer Fairfield Monmouth 16 Middlesex Somerset Warren

17 Monmouth Morris Ocean Orange 17 Passaic Lehigh Suffolk Rockland 17 Passaic Rockland Suffolk

18 Orange Union Union Union 18 New Haven Fairfield New Haven Fairfield 18 Mercer Burlington New Haven

19 Morris Orange Passaic New York 19 Rockland Bucks Monmouth New Haven 19 Monmouth Westchester Richmond

20 Bronx Burlington Morris Ocean 20 Lehigh Monmouth Hartford Morris 20 Morris Richmond Hunterdon

21 Lehigh Hampden Richmond Hampden 21 Monmouth Morris Somerset Putnam 21 Somerset Atlantic Bronx

22 Burlington Lehigh Hampden Mercer 22 Bucks New Haven Morris Hartford 22 Burlington Morris Hartford

23 Ocean Hudson Burlington Somerset 23 Hartford Somerset Bucks Somerset 23 Northampton Bergen Fairfield

24 Mercer Atlantic Orange New London 24 Morris Hartford Lehigh Lehigh 24 Ocean Dutchess Bucks

25 Hampden Richmond Mercer Lehigh 25 Somerset Ocean Northampton Bucks 25 Atlantic Mercer Hudson

26 Richmond Dutchess Lehigh Passaic 26 Hampden Northampton Ocean Hampden 26 Hunterdon New London Morris

27 New London Passaic Somerset Atlantic 27 Lackawanna Putnam Hampden Burlington 27 Warren Union Mercer

28 Somerset New London Rockland Dutchess 28 Putnam Hampden Burlington Northampton 28 Sussex Monmouth Litchfield

29 Passaic Somerset Northampton Putnam 29 Orange Atlantic Lackawanna Ocean 29 Washington Pike Putnam

30 Lackawanna Northampton Dutchess Rockland 30 Burlington Orange Atlantic Orange 30 New York Passaic Sullivan

31 Rockland Rockland Atlantic Hudson 31 Ocean Burlington Orange Atlantic 31 Bronx Middlesex New York

32 Atlantic Mercer New London Ulster 32 Warren Lackawanna Middlesex Hunterdon 32 Kings Litchfield Westchester

33 Dutchess Monroe Lackawanna Northampton 33 New London Middlesex Putnam Lackawanna 33 Queens Hampden Union

34 Monroe Lackawanna Litchfield Lackawanna 34 Middlesex New London New London Warren 34 Nassau Hunterdon Sussex

35 Ulster Ulster Ulster Berkshire 35 Hunterdon Monroe Washington New London 35 Richmond Warren Ulster

36 Berkshire Wayne Monroe Hunterdon 36 Atlantic Washington Dutchess Middlesex 36 Westchester Wayne Kings

37 Hunterdon Berkshire Middlesex Richmond 37 Monroe Dutchess Warren Dutchess 37 Suffolk Sussex Bergen

38 Middlesex Litchfield Sussex Monroe 38 Washington Warren Hunterdon Washington 38 Rockland Ulster Monmouth

39 Warren Putnam Berkshire Warren 39 Dutchess Hunterdon Sussex Monroe 39 Putnam Putnam Passaic

40 Greene Middlesex Hunterdon Middlesex 40 Sussex Sussex Monroe Sussex 40 Orange Nassau Hampden

41 Putnam Sussex Washington Sussex 41 Greene Wayne Litchfield Berkshire 41 New London Sullivan Washington

42 Litchfield Sullivan Warren Litchfield 42 Pike Pike Ulster Ulster 42 Dutchess Washington Greene

43 Sussex Hunterdon Putnam Washington 43 Berkshire Berkshire Berkshire Litchfield 43 Ulster Lackawanna Lackawanna

44 Pike Pike Sullivan Columbia 44 Ulster Litchfield Pike Pike 44 Columbia Greene Nassau

45 Washington Washington Columbia Greene 45 Litchfield Ulster Columbia Columbia 45 Greene Queens Queens

46 Wayne Warren Pike Sullivan 46 Columbia Columbia Sullivan Greene 46 Sullivan Columbia Columbia

47 Columbia Columbia Wayne Pike 47 Wayne Sullivan Greene Wayne 47 Delaware Delaware Delaware

48 Sullivan Delaware Greene Wayne 48 Sullivan Greene Wayne Sullivan 48 Litchfield Berkshire Essex

49 Delaware Greene Delaware Delaware 49 Delaware Delaware Delaware Delaware 49 Middlesex Essex Berkshire
15

Enclosures

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 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. 
16

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 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.
18

Figure 1 Map showing Cattaraugus Reservation in relation to the proposed Jamestown nonattainment area (Chautauqua County).
19

Table 6: Census information for the Cattaraugus Reservation.
20