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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2

290 BROADWAY

NEWYORK, NY 10007.1866

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Honorable David A. Paterson

Governor of the State of New York

State Capitol

Albany, NY 12224

Dear Governc-rr Paterson :

On March 12,2008, the Environmental Protection Agency (EPA) revised the national

ambient air quality standards C{AAQS) for ozone to provide increased protection of public

health and welfare from ozone pollution. The new primary ozone standard was lowered from

0.08 parts per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted

during the past decade. The studies found health effects associated with ozone exposure at and

below the level of the 0.08 ppm standard, which was promulgated in 1991. They include a range

of serious respiratory effects and increased premature mortality. EPA also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to protect

against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year of promulgation of a new or revised NAAQS, section 107(d)(l)(A) of

the Clean Air Act requires the governor of each state to submit to EPA a list of all areas in the

state, recommending designations for each as "attainment,'L"nonattainnlent," or "unclassifiable"

u'ith respect to the new or revised standard. We ask that you provide your designation

recommendations with respect to the revised ozone NAAQS, including appropriate area

boundaries, to EPA by March 12,2009. Establishing area designations is a key step in the

process of providing the health protections that the Clean Air Act mandates. Areas that are

designated as not attaining the air quality standards will be required to adopt plans to reduce

ambient concentrations of ozone.

The enclosed memorandum provides guidance to state and local air pollution control

agencies and tribes on the process for designating areas under the 2008 revised ozone standard.

We plan to announce our intended designations as early as possible after receipt of your

recommendations, but no later than 120 days prior to promulgating final designations.

Following the announcement of intended designations, states and tribes will have the opportunity

to comment on any modifications EPA proposes to their recommendations. In accordance with

section 107(dxl)(B) of the Clean Air Act, we intend to issue final designations by March 12,

2010 (although that deadline may be extended up to one additional year if EPA detennines that

insufficient information is available to establish designations by that date). Our designations will

be based on the most recent three years of certified, quality assured monitoring data available.

Ozone nonattainment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainment areas under the 2008 revised ozone NAAQS will be established

through a separate notice and comment rulemaking.

Intemet Address (URL) r htp:/hnwv.epa.gov

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We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards in a timely manner. If you have any questions, please do not

hesitate to contact me. Your air quality staff may contact Raymond Werner, Chief of the Air

Programs Branch, at 212-637 -4249.

Enclosure

cc: Pete Grannis, Commissioner

New York State Department of,Environmental Conservation

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Alan J. Steinberg

Regional Administrator