UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SfP 0 9 200g 

Stacy Dixon, Chainnan 

Susanville Indian Rancheria 

745 Joaquin Street 

Susanville, CA 96130 

Dear Chainnan Dixon: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient infonnation to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15,2010, for areas where sufficient data are available. Remaining areas,
 

using infonnation from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perfonn this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Pn'nud on Rt'cyc{t'd Papt'r 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Tim Keesey, Environmental Manager 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Daniel Tucker, Chairman 

Sycuan Band Tribal Council 

5459 Sycuan Road 

El Cajon, CA 92019 

Dear Chairman Tucker: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 20 I0, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Prinrtd on Rtcycltd Paptr 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process ofproviding the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 

cc: Anna Rzepko, Env. Prot. Specialist 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 '2009 

Leanne Walker-Grant, Chairperson 

Table Mountain Rancheria 

Box 410 

Friant, CA 93626 

Dear Chairperson Walker-Grant: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107
 

of the Clean Air Act.(Act). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15,2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely,
 

Laura Yos /.
 

Acting Regional Administrator
 

Enclosure 

cc: Judith Redtomahawk, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Davis Gonzalas, Chairman 

Te-Moak Tribal Council 

525 Sunset Street 

Elko, NV 89801 

Dear Chairman Gonzalas: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare" 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October l~, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printtd on Rtcycltd Paptr 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 20 IO. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely,
 

Laura Yosh'
 

Acting Regional Administrator
 

Enclosure 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Ben Nuvamsa, Chainnan 

The Hopi Tribe 

P. O. Box 123 

Kykotsmovi, AZ 86039 

Dear Chainnan Nuvamsa: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section I07(d)(I)(B) ofthe Act, EPA
 

issues final designations within two yeats of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year ifthere is insufficient infonnation to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 20 I0, for areas where sufficient data are available. Remaining areas,
 

using infonnation from the expanded lead monitoring network, will be designated by no later
 

than October 15,2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perfonn this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 30 I(d)(4) gives EPA discretionary authority, in cases where it detennines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Print~d on R~cycl~d Papu 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura 

~/Yoshli 

Acting Regional Administrator 

Enclosure 

cc: Gayl Honanie, Environmental Director 

....
 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 ?009 

Joe Shirley, Jr., President 

The Navajo Nation 

P. O. Box 9000 

Window Rock, AZ 86515 

Dear President Shirley: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to
 
provide for direc~ administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 201 0, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yosh' i 

Acting Regional Administrator 

Enclosure 

cc: Stephen B. Etsitty, Director, NN EPA 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Ned Norris, Jr., Chairperson 

The Tohono O'odham Nation 

P. O. Box 837 

Sells, AZ 85634 

Dear Chairperson Norris: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) of the Act, EPA 

issues final designations within two years offinalizing aNAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infOnhation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

Weare including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 201 O. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Lorinda Sam, Environmental Supervisor 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

san Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 ?009 

Joe Kennedy, Chairperson 

Timbisha Shoshone Tribe 

P. O. Box 206, Death Valley, CA 92328 

Death Valley, CA 92328 

Dear Chairperson Kennedy: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 PR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107
 

ofthe Clean Air"Act (Act). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) ofthe Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(I)(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year ifthere is insufficient information to make"
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 of the Act, a' state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.P.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Print~d on R~cycl~d Papu 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely,
 

Laura Yosh"
 

Acting Regional Administrator
 

Enclosure 

cc: Don Forehope, EPA Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINiSTRATOR 

SEP 0 9 2009 

Ivan Smith, Chairperson 

Tonto Apache Tribal Council 

Tonto Reservation #30 

Payson, AZ 85541 

Dear Chairperson Smith: 

1 am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is b~sed on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Prinud on Rt'cyclt>d Papt>r 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos Ii 

Acting Regional Administrator 

Enclosure 

cc: Richard Caren, Environmental Contact 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Maxine Resvaloso, Chairwoman 

Torres Martinez Tribal Council 

P. O. Box 1160 

Thermal, CA 92274 

Dear Chairwoman Resvaloso: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 30l(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30l(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinltd on Rtcycltd Paptr 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 201 O. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yosh 

Acting Regional Administrator 

Enclosure 

cc: Alberto Ramirez, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0 9 ?009 

Garth Sundberg, Chair 

Trinidad Rancheria 

P. O. Box 630 

Trinidad, CA 95570 

Dear Chair Sundberg: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas wi'thin the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on R~cyc/~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Jonas Savage, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SE'P 0 9 2009 

Garfield Peyron, Chairman 

Tule River Indian Tribe 

P.O. Box 589 

Porterville, CA 93258 

Dear Chairman Garfield: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section I07(d)(l )(8) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on R~cycl~d Papa 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yosh 

Acting Regional Administrator 

Enclosure 

cc: Kerri Vera, Environmental Manager 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Kevin Day, Chairperson 

Tuolumne Me-Wuk Tribal Council 

P. O. Box 699-19595 

Tuolumne, CA 95379 

Dear Chairperson Day: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinl~d on R~cycl~d Paptr 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshil 

Acting Regional Administrator 

Enclosure 

cc: Amy Ponsetti, Environmental Specialist 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Billie Saulque, Chairperson 

U Tu Utu Gwaitu Tribal Council 

Star Route 4, Box 56-A 

Benton, CA 93512 

Dear Chairperson Saulque: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(8) of the Act, EPA 

issues final designations within two years offinalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. .. Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on R~cycl~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 

cc: Ervin Lent, Tribal Administrator 

.­
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Jessica Tavares, Chairperson 

United Auburn Indian Community 

10720 Indian Hill Road 

Auburn, CA 95603 

Dear Chairperson Tavares: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on Rl'cyded Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Shelley McGuinnes, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

stp 0 9 2009 

Bobby Barrett, Chairperson 

Viejas Tribal Community 

P. O. Box 908 

Alpine, CA 91903 

Dear Chairperson Barrett: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinl~d on R~cycl~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribeswhether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to proyide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura 

~f~ Yoshii 

Acting Regional Administrator 

Enclosure 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

StP 0 9 2009 

Edmund Reymus, Chairperson 

Walker River Tribal Council 

P. O. Box 220 

Schurz, NV 89427 

Dear Chairperson Reymus: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 30l(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30l(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printt!d on Rt!cyclt!d Papt!r 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribeswhether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshil 

Acting Regional Administrator 

Enclosure 

cc: Roxanne Ellingson, Actg Environmental Director 

• 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Waldo Walker, Chairperson 

Washoe Tribal Council 

919 Highway 395 South 

Gardnerville, NY 89410 

Dear Chairperson Walker: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 PR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section I07(d) ofthe Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years offinalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. '. -.~

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.P.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prin,~d on Rt'cycled Pap~'
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Marie Barry, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Julie Stevens, Chairperson 

Wells Band Council 

P.O. Box 809 

Wells, NY 89835 

Dear Chairperson Stevens: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA
 

issues final designations within two years offinalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year ifthere is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011. '.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on R~cycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Aurora Aboite, Environmental Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL AOMINISTRATOR 

SEP 09 2009 

Ronnie Lupe, Chainnan 

White Mountain Apache Tribe 

P. O. Box 1150 

White River, AZ 85941 

Dear Chainnan Lupe: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of O. I5 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these 'purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshli 

Acting Regional Administrator 

Enclosure 

cc: Brenda Begay, Environmental Manager 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Cheryl A. Seidner, Chairperson 

Wiyot Tribe 

1000 Wiyot Drive 

Loleta, CA 95551 

Dear Chairperson Seidner: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainrnent, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on Rt'cyclt'd Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos Ii 

Acting Regional Administrator 

Enclosure 

cc: Dylan Gray, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SE"F' 0 9 2009 

Ernie Jones, Sr., President 

Yavapai-Prescott 

530 E. Merritt 

Prescott, AZ 86302 

Dear President Jones: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(8) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language ofsection 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinr~d on R~cycl~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Acting 

~~Regional Administrator 

Enclosure 

cc: Amber Tyson, Acting Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Thomas Beauty, Chairperson 

Yavapai Apache Nation 

2400 W. Datsi Street 

Camp Verde, AZ 86322 

Dear Chairperson Beauty: 

1 am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) ofthe Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 30I(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnati~n, including any 

recommendations for area designations and.boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific ~spects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Billy Garner, Director Land and Water 

.. 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0 9 2009 

Elwood Emm, Chairperson 

Yerington Paiute Tribe 

171 Campbell Lane 

Yerington, NV 89447 

Dear Chairperson Emm: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1 )(8) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 20 I0, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the availabie lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide Televant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshil 

Acting Regional Administrator 

Enclosure 

cc: Justin,Whitesides, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Wayne Dyer, Chairperson 

Yomba Shoshone Tribal Council 

HC 61 Box 6275 

Austin, NV 89310 

Dear Chairperson Dyer: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, ~008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section I07(d)(l )(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 30l(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30l(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Tio1a Brady, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

S£P 0 9 2009 

Maria Tripp, Chairperson 

Yurok Tribal Council 

PO Box 1027 

Klamath, CA 95548 

Dear Chairperson Tripp: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section I07(d)( 1)(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) ofthe 'Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinl~d on R~cycl~d Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Kathleen Sloan, Environmental Program Director