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 ChainnanDixon: 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 yourtribe 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 andprovides increased protection against adverse health effects associated with exposure to lead. To provide increasedprotection against lead-related welfare effects, EPA revised the secondary standard to beidentical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas withinthe United States as attainment, unclassifiable, ornonattainment under section 107 ofthe CleanAir Act (Act). Designating an area under the Act is accomplishedthrough a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meetthe national standard for the revised lead standard, or contributes to a nearby area that does not meetthe standard, it will bedesignated 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 infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15,2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignatedbyno later than October 15, 2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. While the language ofsection 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) 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 detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Pn'nud on Rt'cyc{t'd Papt'rprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether or notthe 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 enclosureto this letter, which provides guidance to tribes and to state and local air pollutioncontrol agencies onthe timeline and process for designating areas under the revised lead standard. Interestedtribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. Forareas not expected to be designatedbyOctober2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is akey step inthe process ofprovidingthe health protection that the Actis intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at415-947­ 8702 orColleenMcKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos ii Acting Regional Administrator Enclosure

cc: Tim Keesey, Environmental ManagerUNITED 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 ChairmanTucker: 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 publichealth 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 onthe 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 underthe Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for therevised lead standard, or contributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations withintwo 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 byno later than October 15, 20I0, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15, 2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian 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 oftribes as identical to states is "inappropriateoradministratively infeasible," to

Prinrtd on Rtcycltd Paptrprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtainsrelevant data for its designation decisions, EPA invites all tribes

­ whether or notthe tribe has obtained TAS eligibility for thesepurposes
- to providerelevant infonnation (including designation recommendations) to EPA regarding appropriate designations for yourareas. We are including an enclosure to this letter, which provides guidanceto tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15, 2009. For areas not expected to bedesignated by October2010, states and tribes will have the opportunity to update their recommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing area designations is a key step in theprocess ofprovidingthehealth protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshi Acting Regional Administrator Enclosure

cc: Anna Rzepko, Env. Prot. SpecialistUNITED 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 todayto 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 publichealth 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 cubicmeter (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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainmentunder section 107 ofthe Clean Air Act.(Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to anearby 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 informationto make designations. EPA intends to complete initial designations under the new lead NAAQS byno 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 ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian 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. Part49. 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," toprovide for direct administrationby regulation to achieve the appropriate purpose. Tohelp ensure that EPA obtains relevantdata 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, whichprovides 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 submitrelevant infonnation, including any recommendations for area designations and boundaries with supportingdocumentation, 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. Ifyou are interested inlearning more about the process ofmaking designationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYos /. Acting Regional Administrator Enclosure

cc: Judith Redtomahawk, Environmental DirectorUNITED 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 orderto ensure that publichealth and welfare were protected, EPArevised 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 cubicmeter (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 beidentical 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, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan areadoes not meet the national standard for the revised lead standard, orcontributes 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 byno laterthan October**l~,** 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian 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 pursuantto section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part49. 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 oradministratively infeasible," to

Printtd on Rtcycltd Paptrprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot 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 airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas byOctober 15, 20IO. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh' Acting Regional Administrator
EnclosureUNITED 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 orderto 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainmentunder section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan 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 offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one yearifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 20I0, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignatedbyno later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are notrequired 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. Part49. In addition, CAA section 30I(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to**Print~d** on**R~cycl~d** Papuprovide for direct administrationbyregulation to achieve the appropriate purpose. Tohelp ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot 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 submitrelevant infonnation, including any recommendations for areadesignations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expectedto be designated byOctober 2010, states and tribes will have the opportunityto 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 ofprovidingthe health protection that the Act is intendedto provide. Ifyou are interested in learning more about the process ofmakingdesignation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~/ LauraYoshli 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
DearPresident Shirley:
I am writing you todayto inform you about the process for designating areas under the 2008 National AmbientAir Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto 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 provideincreased 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 orrevised NAAQS, wethen designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment 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. Ifan 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 bedesignated as nonattainment. Under section 107(d)( 1)(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 informationto make designations. EPA intends to complete initial designations underthe 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 byno later than October 15, 2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired 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. Part49. 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,"toprovide 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 ornot the tribe has obtained TAS eligibility for thesepurposes
- to providerelevant infonnation (includingdesignation 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 bedesignated by October 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance or the designations process, pleasecontact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh' i Acting Regional Administrator Enclosure

cc: Stephen 

### B. Etsitty, Director, NN EPAUNITED 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 yourtribe may provide input during the lead NAAQS designation process. In orderto ensurethat public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). Thenew 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment 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. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby areathat does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infOnhation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15,2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. Whilethe 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 oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor 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 airpollution 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 andboundaries with supporting documentation, to EPA by October 15,2009. Forareas not expected to bedesignated byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as they pertain to these remaining areasbyOctober 15, 201

### O. Establishing area designations is a key step in the process ofprovidingthe health protectionthat the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos ii Acting Regional Administrator Enclosure

cc: Lorinda Sam, Environmental SupervisorUNITED 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
DearChairperson 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 orderto ensure that public health and welfare were protected, EPArevised 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 of0.15 uglm3

. This new standard isbased 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainmentunder 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. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby areathat does not meetthe standard, it will be designated as nonattainment. Under section 107(d)(I)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 bedesignated byno later than October 15, 2011.
Under section 107 ofthe Act, a' state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian 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 notrequired 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'sregulations at 40 C.P.R. Part49. 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 oradministratively infeasible," to**Print~d** on**R~cycl~d** Papuprovide for direct administrationbyregulation 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 obtainedTAS 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 theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh" Acting Regional Administrator
Enclosure

cc: Don Forehope, EPA DirectorUNITED 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: 1am writing you today to inform you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how yourtribe may provide input during the lead NAAQS designation process. In orderto ensure thatpublic health and welfare were protected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primarylead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 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 anew or revised NAAQS, wethen designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunderthe Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations underthe new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian 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) oftheAct and EPA'sregulations at 40 C.F.R. Part49. 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 Rt'cyclt>d Papt>rprovide for direct administrationbyregulation 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 eligibilityfor these purposes
- to provide relevant infonnation (including designationrecommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosureto this letter, which provides guidanceto tribes and to state and local airpollution 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 byOctober 15, 2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as they pertainto these remaining areas byOctober 15,2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos Ii Acting Regional Administrator Enclosure

cc: Richard Caren, Environmental ContactUNITED 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 publichealth and welfare wereprotected, 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 cubicmeter (ug/m3) set in 1978, to a level of0.15 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, EPArevised 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 areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan areadoes 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 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian 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 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 oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinltd on Rtcycltd Paptrprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibilityfor these purposes
- to provide relevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidanceto tribes and to state and local airpollution control agencies onthe 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 byOctober 15,2009. For areas not expected to be designated byOctober2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas by October 15, 201O. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh Acting Regional Administrator
Enclosure

cc: Alberto Ramirez, Environmental DirectorUNITED 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 publichealth 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 orrevised NAAQS, wethen designate all geographic areas wi'thin the United States as attainment, unc1assifiable, ornonattainmentunder section 107 ofthe Clean Air Act (Act). Designating an area underthe Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does notmeet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 monitoringnetwork, will bedesignated by no later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surroundingoradjacent to an area ofIndian country based on the available lead monitoring data. Whilethe 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 oftribes as identical to states is "inappropriate oradministratively infeasible," to

Prinud on**R~cyc/~d Pap~r** provide for direct administration by regulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor 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 therevised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA byOctober 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunityto 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 ofprovidingthe health protectionthat the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould 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 staffat 520-498-0118. Sincerely,

Laura Yos i Acting Regional Administrator
Enclosure

cc: Jonas Savage, Environmental DirectorUNITED 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 orderto ensure that publichealth 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment 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. Ifan 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) 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 byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated by no later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country based on the availablelead 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'sregulations 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 "inappropriateor administratively infeasible," to**Print~d** on**R~cycl~d** Papaprovide for direct administrationbyregulation to achieve the appropriate purpose. Tohelp ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor these purposes
- to provide relevant infonnation (including designation recommendations) to EPAregarding 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 therevised 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 opportunityto update their recommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing areadesignations is a key step in theprocess ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmakingdesignationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance or thedesignations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh Acting Regional Administrator
Enclosure

cc: Kerri Vera, Environmental ManagerUNITED 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 of0.15 uglm3• This new standard is based onthe 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 areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meetthe 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 byno later than October 15,2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated by no later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian 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'sregulations at 40 C.F.R. Part49. 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**Prinl~d** on**R~cycl~d** Paptrprovide for direct administrationbyregulation 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 guidanceto tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes shouldsubmitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15, 2009. Forareas not expected to be designated by October 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations orwould liketo consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshil Acting Regional Administrator Enclosure

cc: AmyPonsetti, Environmental SpecialistUNITED 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). Thenew 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment 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. Ifan area does not meet the national standard for the revised lead standard, orcontributes to anearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(8) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 byno laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedbyno later than October 15,2011.



# .. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian 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'sregulations 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**Print~d** on**R~cycl~d Pap~r** provide for direct administrationbyregulation to achievethe appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibility for these purposes
- to providerelevant 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 therevised lead standard. Interested tribes should submitrelevant 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 byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 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 orderto ensure that publichealth 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 orrevised 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 areaunderthe Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan 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 aNAAQS; 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 byno laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15, 2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian 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'sregulations 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 Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtainedTAS eligibility for these purposes
- to provide relevant information (including designationrecommendations) 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 supportingdocumentation, to EPA byOctober 15,2009. For areas not expected to bedesignated by October 2010, states and tribes will have the opportunity to updatetheir recommendation letters as theypertainto these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshii Acting Regional Administrator
Enclosure

cc: ShelleyMcGuinnes, Environmental DirectorUNITED 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 todayto 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 orderto ensure that publichealth 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 provideincreased 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 underthe new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011. Under section 107 ofthe Act, a statemay recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian 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. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateoradministratively infeasible," to**Prinl~d** on**R~cycl~d Pap~r** provide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtainsrelevant data for its designation decisions, EPA invites all tribeswhetherornot the tribe has obtained TAS eligibility for thesepurposes
- to providerelevant information (includingdesignation 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 andboundaries with supporting documentation, to EPA byOctober 15, 2009. For areas not expected to bedesignated byOctober2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is a key step inthe process ofprovidingthe health protection that the Act is intended to proyide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designationsprocess, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~f~ LauraYoshii Acting Regional Administrator
EnclosureUNITED 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
DearChairperson Reymus:
I am writing you todayto 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 publichealth and welfare wereprotected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). Thenew primary lead standard was lowered from the 1.5 micrograms per cubicmeter (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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean AirAct (Act). Designating an areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(1)(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 underthe new lead NAAQS by no laterthan 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 ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian 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 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 oftribes as identical to states is "inappropriate or administratively infeasible," to

Printt!d on Rt!cyclt!d Papt!rprovide for direct administrationby 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 thesepurposes
- to provide relevant infonnation (including designation recommendations) to EPAregarding 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 onthe 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 byOctober 2010, states and tribes will have the opportunityto update their recommendation letters as theypertainto these remaining areas by October 15,2010. Establishing areadesignations is a key step in the process ofprovidingthe health protectionthat the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshil Acting Regional Administrator
Enclosure

cc: Roxanne Ellingson, ActgEnvironmental 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 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 increasedprotection against lead-related welfare effects, EPA revised the secondary standard to beidentical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area underthe Act is accomplished through a formal rulemaking process outlined in Section I07(d) ofthe Act. Ifan 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 bedesignated 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 byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedbyno later than October 15,2011. '.**-.~** Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoringdata. Whilethe language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired 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 oftribes as identical to states is "inappropriate or administratively infeasible," to**Prin,~d** on Rt'cycled**Pap~'**provide for direct administrationbyregulation 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 submitrelevant 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 opportunityto update their recommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYos ii Acting Regional Administrator
Enclosure

cc: Marie Barry, Environmental DirectorUNITED 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 todayto inform you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto 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 onthe 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, ornonattainment 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. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby areathat does not meet the standard, it will bedesignated 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 extendthe deadline up to one year ifthereis insufficient informationto make designations. EPA intends to complete initial designations underthe new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011. '.
Under section 107 ofthe Act, a statemay recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian 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. Part49. 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

Printed on**R~cycled** Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor 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 therevised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15, 2009. For areas not expected to be designated byOctober2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas byOctober 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYos i Acting Regional Administrator
Enclosure

cc: Aurora Aboite, Environmental CoordinatorUNITED 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 underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS onOctober 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 increasedprotection against adverse health effects associated with exposure to lead. To provide increasedprotection 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan 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) 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 infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated byno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribesmay 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) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases whereit detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation 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 obtainedTAS 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 submitrelevant infonnation, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA byOctober 15,2009. For areas not expected to bedesignated byOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshli Acting Regional Administrator Enclosure

cc: Brenda Begay, Environmental ManagerUNITED 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
DearChairperson Seidner:
I am writing you todayto inform you about the process for designating areas underthe 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 beidentical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment 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. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meetthe standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 byno later than October 15,2010, for areas where sufficientdata are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignatedbyno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainrnent, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 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) ofthe Act and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to**Print~d** on Rt'cyclt'd Paperprovide 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 designationrecommendations) 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 airpollution 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 andboundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing area designations is a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos Ii Acting Regional Administrator
Enclosure

cc: Dylan Gray, Environmental DirectorUNITED 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 orderto 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 increasedprotection 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 anew or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainmentunder section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan 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) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno laterthan October 15, 2010, for areas where sufficientdata are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011.
Under section 107 oftheAct, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based onthe 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'sregulations at40 C.F.R. Part49. 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**Prinr~d** on**R~cycl~d Pap~r** provide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribehas obtainedTAS 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 airpollution control agencies onthe 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 theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould liketo consult with EPA officials about specific aspects ofthis guidance orthe designations process, pleasecontact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~~ Acting Regional Administrator
Enclosure

cc: AmberTyson, Acting Environmental DirectorUNITED 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: 1am 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 designationprocess. In orderto 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 onthe 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, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan 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 bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthereis insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno 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 ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian 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 30I(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensurethat EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtainedTAS 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 submitrelevant**infonnati~n,** including any recommendations for areadesignations and.boundaries with supporting documentation, to EPA by October 15,2009. Forareas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is a key step in the process ofproviding the health protectionthat the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific**~spects** ofthis guidance or the designations process, pleasecontact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 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 underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensurethat 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 increasedprotection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standardto be identical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, wethen designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan areadoes not meet the national standard for the revised lead standard, orcontributes to a nearby areathat does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(8) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 underthe new lead NAAQS byno laterthan October 15, 20I0, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will be designated byno later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian country based on the availabie lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are notrequired 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 detennines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtained TAS eligibility for these purposes
- to provideTelevant infonnation (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidanceto tribes and to state and local airpollution 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. Forareas not expectedto be designatedby October 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshil Acting Regional Administrator
Enclosure

cc: Justin,Whitesides, Environmental DirectorUNITED 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 ShoshoneTribal 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 designationprocess. 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 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, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunderthe Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan areadoes 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 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 underthe new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian 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 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 oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibilityfor these purposes
- to providerelevant information (including designationrecommendations) 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 areadesignations and boundaries with supporting documentation, to EPA by October 15, 2009. Forareas not expected to be designatedbyOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofproviding the health protectionthat the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYos ii Acting Regional Administrator
Enclosure

cc: Tio1a Brady, Environmental DirectorUNITED 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 yourtribe may provide input during the lead NAAQS designation process. In order to ensurethat public health and welfare were protected, EPA revised the lead NAAQS onOctober 15, 2008 (73 FR 66964; November 12, 2008). Thenew 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 standardto be identical in all respects to the revisedprimary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment 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. Ifan 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 bedesignated as nonattainment. Under section I07(d)( 1)(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 byno later than October 15, 2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interested tribesmay also perform this function (but are notrequired 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**Prinl~d** on**R~cycl~d** Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtainedTAS 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 submitrelevant 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 theirrecommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is akey step inthe process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos i Acting Regional Administrator
Enclosure

cc: Kathleen Sloan, Environmental Program Director