ZACHARY W. CARTER Corporation Counsel T HE C ITY OF N EW Y ORK 

## L AW 

## D EPARTMENT

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 De termination of Attainment and Call for Attainment Plans for New York, New Jers ey 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 Atta inment 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 standa rd in the NY-NJ-CT

nonattainment area and for comments on a proposed State Implemen tation Plan (“SIP”) call for submission of an updated plan demonstrating how the area will re-attain th e 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 st ates may either request that the NY-NJ-CT area be reclassified from “marginal” to “modera te” 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 ozoneNew York City Comments to the Proposed Rule Docket No. EPA-R02-OAR-2014-0251

2 standard, requiring the submittal of a plan demons trating 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 Conser vation’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 contri bute to non-attainment in New Yo rk by reclassifying the NY-NJCT non-attainment area to “moderate” fo r 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 populati ons. 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 ot her ozone-related conditions each year. Seniors, children with asthma, and people living in low-income nei ghborhoods were disproportio nately impacted byelevated 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 w ithin City boundaries, as upwind and out-of-state sources significantly contribute to the City’s elev ated ozone levels. Meaningful

reductions in harmful ozone levels in Ne w 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 reasonabl e 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 standa rds. This forward-looking approach will require that New York, New Jers ey, and Connecticut undertake a collaborative planning process to develop and implement more stringent ozone c ontrol measures on a re gion-wide basis. This proposal will also ensure that the NY-NJ-CT non-at tainment area will expe ditiously re-attain the 1997 ozone standard as well as the more prot ective 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 co mment 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 Pa rticles 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 Co mmissioner, New York City De partment of Health and Mental Hygiene Robert Orlin, General Counsel New Yo rk City Department of Sanitation John Rousakis, General Counsel, New York City Department of Environmental

Protection