ZACHARY W. CARTER

Corporation Counsel

THE CITY OF NEW YORK

LAW DEPARTMENT

100 CHURCH STREET 

NEW YORK, NY 10007

HALEY STEIN 

phone: (212) 356–2320 

fax: (212) 356–1148 

email: hstein@law.nyc.gov 

 June 16, 2014 

SUBMITTED ELECTRONICALLY 

Via eFiling: www.regulations.gov

Richard Ruvo, Chief 

Air Programs Branch 

Environmental Protection Agency, Region 2 Office 

290 Broadway, 25th Floor 

New York, New York 10007-1866 

ATTN: Docket No. EPA-R02-OAR-2014-0251 

Re: Comments to the “Rescission of Determination of Attainment and Call for 

Attainment Plans for New York, New Jersey and Connecticut for the 1997 8-Hour 

Ozone National Ambient Air Quality Standard for the NY-NJ-CT 1997 Ozone 

Nonattainment Area – Proposed Rule”, Fed. Reg. Vol. 79, No. 94, Page 27830, 

(May 15, 2014) 

Dear Sirs/Madams: 

The City of New York (“City”), through the New York City Law Department, 

submits the following comments in response to the United States Environmental Protection 

Agency’s (“EPA”) request for public comments on a Proposed Rule regarding “Rescission of 

Determination of Attainment and Call for Attainment Plans for New York, New Jersey and 

Connecticut for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the NY-NJCT 1997 Ozone Nonattainment Area – Proposed Rule”, Fed. Reg. Vol. 79, No. 94 (May 15, 

2014) (the “Notice”). 

The Notice requests comments on EPA’s proposal to rescind its June 18, 2012 

Clean Data Determination issued for the 1997 8-hour ozone standard in the NY-NJ-CT 

nonattainment area and for comments on a proposed State Implementation Plan (“SIP”) call for 

submission of an updated plan demonstrating how the area will re-attain the standard or, in the 

alternative, a plan that demonstrates attainment of the current 2008 8-hour ozone standard by 

2018. Under the second option, EPA proposes that states may either request that the NY-NJ-CT 

area be reclassified from “marginal” to “moderate” non-attainment for the 2008 standard; or that 

each state voluntarily prepare an attainment SIP under its current “marginal” classification. The 

City submits these comments in support of EPA’s proposal that the NY-NJ-CT non-attainment 

area be reclassified from “marginal” to “moderate” non-attainment for the 2008 8-hour ozone 
New York City Comments to the Proposed Rule Docket No. EPA-R02-OAR-2014-0251 

2 

 

standard, requiring the submittal of a plan demonstrating attainment of the current 2008 standard 

as expeditiously as possible, or by 2018 at the latest. This letter also supports the New York 

State Department of Environmental Conservation’s (“NYSDEC”) June 20, 2012 and June 18, 

2014 requests for EPA to address the transport of ozone and ozone precursors from upwind 

sources that significantly contribute to non-attainment in New York by reclassifying the NY-NJCT non-attainment area to “moderate” for the 2008 8-hour ozone standard. 

Ozone poses a significant public health threat to New York City residents, 

especially to the City’s most vulnerable populations. The New York City Department of Health 

and Mental Hygiene (“DOHMH”) estimates that between 2009 and 2011, ozone levels in New 

York City contributed to approximately 400 deaths and 6,000 emergency room visits and 

hospitalizations for asthma and other ozone-related conditions each year. Seniors, children with 

asthma, and people living in low-income neighborhoods were disproportionately impacted by 

elevated ozone levels, with high poverty neighborhoods accounting for 55% of ozoneattributable asthma hospital admissions and 56% of emergency department visits among 

children.1

 Significant public health improvements can be achieved with modest ozone 

reductions—a 10% decline in ozone levels could prevent more than 80 premature deaths, 180 

hospital admissions and 950 emergency department visits annually. However, as more fully 

explained in NYSDEC’s June 20, 2012 letter to EPA, these reductions cannot be accomplished 

solely through more stringent regulation of emission sources within City boundaries, as upwind 

and out-of-state sources significantly contribute to the City’s elevated ozone levels. Meaningful 

reductions in harmful ozone levels in New York City can only be accomplished through 

development and implementation of a comprehensive plan to reduce ozone emissions on a 

region-wide basis. 

The City believes that the most reasonable and effective strategy to address these 

harmful ozone levels is to reclassify the NY-NJ-CT non-attainment area from “marginal” to 

“moderate” non-attainment for the 2008 ozone standards. This forward-looking approach will 

require that New York, New Jersey, and Connecticut undertake a collaborative planning process 

to develop and implement more stringent ozone control measures on a region-wide basis. This 

proposal will also ensure that the NY-NJ-CT non-attainment area will expeditiously re-attain the 

1997 ozone standard as well as the more protective 2008 standards by 2018, at the latest. 

Therefore, the City believes that EPA’s proposal to re-classify the area as “moderate” nonattainment for the 2008 standard is the most appropriate approach. 

We appreciate the opportunity to comment on the Proposed Rule. We are 

available for further explanation or discussion of these issues at your convenience. Thank you in 

advance. 

1 See New York City Department of Health and Mental Hygiene report “Air Pollution and the Health of New 

Yorkers: The Impact of Fine Particles and Ozone”, available at 

http://www.nyc.gov/html/doh/html/environmental/community-air-survey.shtml. 
New York City Comments to the Proposed Rule Docket No. EPA-R02-OAR-2014-0251 

3 

Sincerely, 

 /S/_______________________

Haley Stein 

Senior Counsel 

Environmental Law Division 

New York City Law Department 

cc: Daniel Kass, Deputy Commissioner, New York City Department of Health and 

Mental Hygiene 

Robert Orlin, General Counsel New York City Department of Sanitation 

John Rousakis, General Counsel, New York City Department of Environmental 

Protection