ANDREW M. CUOMO GOVERNOR 

# * .

STATE OF N EW YORK DEPARTMENT OF E NV IRONMENTAL CONSERVATION ALBANY, N EW YORK 12233- 1010

Mr. Richard Ruvo, Chief Air Programs Branch Environmental Protection Agency, Region 2 Office 290 Broadway, 25th Floor New York, New York 10007-1866 

# JUN f 

# 82014

Re : Fed. Reg. Vol. 79, No
. 94, Page 27830, May 15 , 2014 Docket ID number EPA-R02-0AR-2014-025 1 JOE MARTE NS COMMI SS ION ER



### " Rescission of Determination of Attainment and Call.forAttainment Plans for New York, New Jersey and Connecticut.for the 1997 8-Hour Ozone National AmbientAir Quality Standard for the NY-NJ-CT 1997 Ozone NonattainmentArea

- ProposedRule " Dear Mr. Ruvo: Thank you for the opportunity to comment on the proposed rule rescinding the previously issued determination ofattainment (Clean Data Determination) for the 1997 National Ambient Air Quality Standard (NAAQS) for ozone in the NY-NJ

-CT nonattainment area and proposing a State Implementation Plan (SIP) call pursuant to Clean Air Act (CAA) section 1 10(k)(5), to require the States ofNew York, New Jersey and Connecticut to submit a SIP demonstrating how the area will re-attain the 1997 8-hour ozone standard. Because recent data demonstrates that the NY-NJ-CT area does not comply with the 1997 standard, New York recognizes the need to submit a SIP demonstrating attainment. We also support EPA' s proposal to allow states to develop and submit attainment plans demonstrating attainment ofthe current 2008 8-hour ozone standard as an alternative response to the SIP Call. Despite the emission reductions being achieved by emission sources in New York, the NY-NJCT area no longer attains the 1997 ozone standard because design values for some ofthe air quality monitors have increased primarily due to 2009 monitoring data dropping out ofthe design value calculation
. The summer of2009 was an unusually cool summer with low ozone readings. Given this situation, DEC believes that EPA has proposed a reasonable approach to address the 1997 ozone standard and the 2008 ozone. DEC, therefore, supports EPA' s proposal to rescind the clean data determination and to require the development of a revision to the SIP to address nonattainment with the ozone standard
. Ofthe three options presented in EPA's proposal, DEC' s preferred approach would be to develop a SIP for the 2008 8-hour ozone standard with a "moderate" classification and attain as expeditiously as practicable with an attainment deadline ofDecember 31, 2018
. Since the areacurrently has a "marginal" classification for the 2008 ozone standard, DEC acknowledges that this approach requires a reclassification, or "bump-up," to "moderate" ozone nonattainment. 

### 2.

New York submitted such a reclassification request on June 20, 2012. EPA needs only to act on this still valid request in order to reclassify the area to "moderate." By requiring the States of New York, New Jersey and Connecticut to develop a SIP 

### to attain the currently applicable and more stringent 2008 standard as expeditiously as practicable, the New York City metropolitan area will come into attainment with the 1997 standard as soon as possible without the extra burden ofpreparing an additional SIP for the less stringent 1997 standard. It is important for EPA to require all states across the country to address the 2008 ozone standard with the appropriate designation and classification so that the NY-NJ-CT area can attain as expeditiously as practicable. It is also important to address nonattainment through regional and national programs to eliminate the additional economic burden to New York's residents and businesses caused by discrepancies in the stringency ofvarious state programs. DEC has long recognized this inequity and last year submitted a petition to EPA requesting the expansion of the Ozone Transport Region. DEC has also supported EPA's Cross-State Air Pollution Rule and the recent adoption ofthe Tier 3 motor vehicle and fuel standards. All ofthis demonstrates our solid commitment to clean air and our willingness to work with EPA and other states to achieve equitable solutions that provide clean air for the citizens ofNew York and neighboring states. Ifyou have any questions, please contact David Shaw, Director ofthe Division ofAir Resources, at (518) 402-8452
. Sincerely,

c: D
. Shaw