UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

DEC 0 9 2011 

The Honorable Brian Sandoval 

The State of Nevada 

101 North Carson Street 

Carson City, Nevada 89701 

Dear Governor Sandoval: 

Thank you for your recommendations dated March 10,2009 and November 18, 2011 on air quality 

designations for the revised 2008 National Ambient Air Quality Standards for ozone throughout 

Nevada. I appreciate the information Nevada shared with the U.S. Environmental Protection Agency as 

we move forward to improve ozone air quality. The purpose of this letter is to notify you of the U.S. 

Environmental Protection Agency's preliminary decision to designate Nevada as 

unclassifiable/attainment for the revised 2008 ozone NAAQS, according to your recommendations, 

and to inform you of our approach for completing the designations for the revised ozone NAAQS. 

On March 12,2008, the EPA revised its NAAQS for ground-level ozone to provide increased 

protection of public health and the environment. The EPA lowered the primary 8-hour ozone standard 

from 0.08 parts per million (ppm) to 0.075 ppm to protect against health effects associated with ozone 

exposure, including a range of serious respiratory illnesses and increased premature death from heart 

or lung disease. The EPA revised the secondary 8-hour ozone standard, making it identical to the 

primary standard, to protect against welfare effects, including impacts on sensitive vegetation and 

forested ecosystems. 

History shows us that better health and cleaner air go hand-in-hand with economic growth. Working 

closely with the states and tribes, the EPA is implementing the standards using a common sense 

approach that improves air quality and minimizes the burden on state and local governments. As part 

of this routine process, EPA is working with the states to identify areas in the country that meet the 

standards and those that need to take steps to reduce ozone pollution. Within one year after a new or 

revised air quality standard is established, the Clean Air Act requires the Governor of each state to 

submit to the EPA a list of all areas in the state, with recommendations for whether each area meets the 

standard. 

As a first step in implementing the 2008 ozone standards, the EPA asked states to submit their 

designation recommendations, including appropriate area boundaries, by March 12,2009. In 

September 2009, the EPA announced it was reconsidering the 2008 ozone standards. The EPA later took 

steps to delay the designation process for the 2008 ozone standards pending outcome ofthe 

reconsideration. However, in September 2011, the Office of Management and Budget returned to EPA the 

draft final rule addressing the reconsideration of the 2008 standards. On September 22, 2011, the EPA 

restarted the implementation effort by issuing a memorandum to clarify for state and local agencies the 

Printed on Recycled Paper 
status of the 2008 ozone standards and to outline plans for moving forward to implement them. The EPA 

indicated that it would proceed with initial area designations for the 2008 standards, and planned to use the 

recommendations states made in 2009 as updated by the most current, certified air quality data from 2008­

2010. While the EPA did not request that states submit updated designation recommendations, the EPA 

provided the opportunity for states to do so. Thank you for the November 18, 2011 updated designation 

recommendation from Nevada based on the assessment of preliminary 2009-2011 air quality data. 

As required by the Clean Air Act, the EPA will designate an area as nonattainment if it is violating the 

2008 ozone standards or contributing to a violation of the standards in a nearby area. Consistent with 

designations for previous ozone standards, the EPA intends to designate an area as 

unclassifiable/attainment if there are certified, quality-assured air quality monitoring data showing the 

area is meeting the ozone standards or there are no monitoring data for the area, and the EPA has not 

made a determination that the area is contributing to a violation in a nearby area. 

After considering Nevada's November 18,2011 ozone designation recommendation, which was based 

on preliminary 2009-2011 air quality data, as well as other relevant technical information, the EPA 

intends to designate the entire state ofNevada as unclassifiable/attainment. In order for the EPA to 

consider 2009-2011 air quality data in the final designation decisions for this area, Nevada must submit 

certified, quality-assured 2009-2011 air quality monitoring data for the area to the EPA by February 

29,2012. 

The EPA will also make its preliminary designation decisions and supporting documentation available 

to the general public for review and comment. We will be announcing a 30-day public comment period 

shortly in the Federal Register. After considering additional information we receive, the EPA plans to 

promulgate final ozone designations in the spring of2012. 

The EPA is committed to working with the states and tribes to share the responsibility of reducing 

ozone air pollution. Current and upcoming federal standards and safeguards, including pollution 

reduction rules for power plants, vehicles and fuels, will assure steady progress to reduce ozoneforming pollution and will protect public health in communities across the country. We look forward to 

a continued dialogue with you and your staff as we work together to implement the 2008 ozone 

standards. Should you have any questions, please do not hesitate to contact me or Amy Zimpfer, 

Associate Director, Air Division, of my staff at 415-947-4146 or zimpfer.amy@epa.gov. 

Sincerely, 

h

Jared Blumenfeld 

cc:	 Colleen Cripps, Administrator, Nevada Department of Environmental Protection
 

Mike Elges, Deputy Administrator, Nevada Department of Environmental Protection
 

Rob Bamford, Bureau Chief, Bureau of Air Quality Planning, Nevada Department of
 

Environmental Protection
 

Gina McCarthy, Assistant Administrator for Air and Radiation
 

Stephen D. Page, Director, Office of Air Quality Planning and Standards