ANDREW M. CUOMO 

GOVERNOR * . 

STATE OF N EW YORK 

DEPARTMENT OF ENVIRONMENTAL 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 8 2014 

Re: Fed. Reg. Vol. 79, No. 94, Page 27830, May 15, 2014 

Docket ID number EPA-R02-0AR-2014-025 1 

JOE MARTENS 

COMMISSIONER 

"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 " 

Dear Mr. Ruvo: 

Thank you for the opportunity to comment on the proposed rule rescinding the previously issued 

determination of attainment (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 110(k)(5), to 

require the States of New 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 of the 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 of the air 

quality monitors have increased primarily due to 2009 monitoring data dropping out of the 

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. 

Of the 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 of December 31, 2018. Since the area 
currently 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 of preparing 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 of various 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 of the Tier 3 motor vehicle and fuel standards. All of this 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 of New York and neighboring states. 

If you have any questions, please contact David Shaw, Director of the Division of Air Resources, 

at (518) 402-8452. 

Sincerely, 

c: D. Shaw