9 

## 2 B 

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF 

### 8 REGIONAL ADMINISTRATOR



### Mr. Leon Campbell Tribal Chairperson Iowa Tribe of Kansas and Nebraska 3345 

### B Thrasher Rd. White Cloud, KS 66094-9624

Dear Mr. Campbell:

This letterprovides information on the Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules or policies may impacttribes and their environments. We want to make surethat we are effectively communicating with you to ensure early tribal input on the designations process for ozone.

On March 12,2008, the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS)for ozone to provide increased protection of public health and welfare from ozone pollution. The new primary ozone standardwas lowered from 0.08 parts per million (ppm) to 0.075ppm based on numerous epidemiological studiesconducted during the past decade in which many ofthe health effects associated with ozone exposurehave been demonstrated at and below the level ofthe 0.08 ppm standard, which was promulgated in 1997. These include a range of serious respiratory effectsand increased premature mortality. EPA also strengthenedthe secondary 8-hour ozone standard, making it identical to the revised primary standard,to protect againstwelfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act requires the Governor of each stateto submitto EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designations 

### is a key step

### in the process ofproviding the health protections that the Clean Air Act mandates. Areas that are designated as not attaining the air quality standards will be required to adopt plans to reduce ambient concentrations of ozone.

### EPA does not recognize Statedesignation recommendationsas applyingto Indian country because Statesgenerally have neither the responsibility nor the authorityfor planning and regulatory activitiesunder the Clean Air Act in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encourages you to do so. By participating in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA regarding appropriate designations fortribal lands. If you are interested in participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12,2009 with 

### respect to the revised ozoneNAAQS.

The enclosed memorandumprovides detailed guidance to state, tribal and local air pollution control agencies on the process for designating areasunder the 2008 revised ozone standard. We plan to announce our intended designations as early aspossible after receipt ofthe recommendations,but no laterthan 120 daysprior to promulgating final designations. Followingthe announcement ofintended designations, states and tribes will have the opportunity
to comment on any modifications EPA proposesto their recommendations. 

### In accordance with section 107(d)(l)(B) of the Clean Air Act, we intend to issue final designationsby March 12, 2010 (althoughthat deadlinemay be extended up to one additional year ifEPA determines that insufficient information is available to establishdesignations by that date). Our designations will be based on the most recent 3 years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainment areasunder the 2008 revised ozoneNAAQS will be established through a separate notice-and-comment rulemaking.

We look forwardto working with you and your staffto develop area designationsunder the 2008 revised ozone standards in a timely manner. If your governmentis interested in fiuther discussions or meeting with EPA oEcials about specificaspects ofthe designationprocess, please contact Amy 

### Bhesania, Air Planning and Development Branch at 913-551-7147.

Sincerely, 

### ,

Regio al Administrator 

# i

Enclosure

cc: 

### Mr. Harvey Fredrick Environmental Contact

### UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY

REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF REGIONAL ADMINISTRATOR



### Mr. Arlen Whitebird Tribal Chairperson The Kickapoo Tribe in Kansas P. 

### 0. Box 271 1 107 Goldfinch Road Horton, KS 66439-0271

Dear Mr. Whitebird:

This letter provides informationonthe Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NkAQS). When EPA develops rules and policies we take ourresponsibility to consult with the federally recognized Indian tribes seriously and considerwhere these rules or policies may impacttribes and their environments. We want to make sure that we are effectively communicating with you to ensure early tribal input on the designationsprocess for ozone.

On March 12,2008, the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS)for ozone to provide increased protection ofpublic health and welfare from ozone pollution. The new primary ozone standard was lowered from 0.08parts per million (ppm) to 0.075 ppm based on numerous epidemiological studiesconducted duringthe past decade in which many ofthe health effects associated with ozone exposure have been demonstrated at and below the level of the 0.08 ppm standard,which was promulgated in 1997. These include a range of serious respiratory effects and increased premature mortality. EPA also strengthenedthe secondary 8-hour ozone standard, making it identicalto the revised primary standard,to protect against welfare effects such as impacts on vegetationand forested ecosystems.

Within one year ofpromulgation ofa new or revisedNAAQS, section 107(d)(l)(A) of the CleanAir Act requires the Governor of each state to submit to EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainrnent," or "unclassifiable" with respect to the new or revised standard. Establishing area designations is a key step in the process ofproviding the health protections that the Clean Air Act mandates. Areas that are designated as not attaining the air quality standards will be requiredto adoptplans to reduce ambient concentrations of ozone.EPA does not recognize Statedesignationrecommendationsas applying to Indian country because Statesgenerallyhave neither the responsibility nor the authority for planning and regulatory activities under the Clean Air Act in Indian country. While tribes are not obligatedto participate in the designationsprocess, EPA invites and encouragesyou to do so. By participating 

### in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and providerelevant informationto EPA regarding appropriate designations for tribal lands. Ifyou are interested in participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries forthe recommendations that you make, to EPA by March 12,2009 with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidanceto state, tribal and local air pollution control agencieson the process for designating areas under the 2008revised ozone standard. We plan to announce our intended designations as early as possible after receipt ofthe recommendations,but no later than 120daysprior to promulgating final designations. Followingthe announcement ofintended designations, states and tribes will have the opportunity
to comment on any modificationsEPA proposesto theirrecommendations. In accordance with section 107(d)(l)(B)ofthe Clean Air Act, we intend to issue final designationsby March 12, 2010 (althoughthat deadline may be extended up to one additional year if EPA determines that insufficient information is available to establishdesignationsby that date). 

### Our designations will be based on the most recent 

### 3 years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainment areas under the 2008 revised ozoneNAAQS will be established through a separatenotice-and-comment rulemaking.

We look forward to working 

### with you and your staffto develop area designations under the 2008 revised ozone standardsin a timely manner. If your governmentis interested in further discussions or meeting with EPA officials about specific aspects of the designationprocess, please contact Amy Bhesania, Air Planning and Development Branch at 913-551-7147.

Enclosure

cc: Mr. Luke Terry Environmental Director3 

## 2 0 

### UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY

REGIONVtI 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF 

### 8 REGIONAL ADMINISTRATOR 

### 8

Mr. Adrian Pushetonequa Tribal Chairperson Meskwaki Nation Sac & Fox Tribe of the Mississippi in Iowa 349 Meskwaki Rd. Tama, IA 52339-9629

Dear Mr. Pushetonequa:

This letter provides information on the Environmental Protection Agency's (EPA's) process for designating areas forthe 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rnles and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules or policies may impacttribes and their environments. We want to make sure that we are effectively communicatingwith you to ensure early tribal input on the designations process for ozone.

On March 12,2008, the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozoneto provide increased protection ofpublic health and welfare from ozone pollution. The new primary ozone standardwas lowered from 0.08 parts per million @pm)to 0.075 ppm based on numerous epidemiological studies conducted duringthe past decade in which many of the health effects associated with ozone exposurehave been demonstrated at and below the level of the 0.08ppm standard, which was promulgated in 1997. These include a range of serious respiratory effectsand increased premature mortality. EPA also strengthened the secondary 8-hour ozone standard, making it identical to the revised primary standard,to protect againstwelfare effects such 

### as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act requiresthe Governorof each stateto submitto EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designations is a key step in the
process ofproviding the health protections that the Clean Air Act mandates. Areas that are designated asnot attaining the air quality standardswill be required to adopt plans to reduce ambient concentrationsof ozone.



### RECYCLEEPA does not recognize State designation recommendations as applyingto Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the Clean Air Act in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant informationto EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designationsprocess, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendationsthat you make, to EPA by March 12,2009with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies on the process for designating areas under ihc 2008 revised ozone standard. We plan to announce our intended designations as early aspossible after receipt ofthe recommendations, but no later than 120 daysprior to promulgating final designations. Following the announcementof intended designations, states and tribes will have the opportunity
to comment on any modifications EPA proposes to their recommendations. In accordance with section 107(d)(l)(B) of the Clean Air Act, we intend to issue 

### final designationsby March 12, 2010 (althoughthat deadline may be extended up to one additional year if EPA determinesthat insufficient information is available to establish designationsby that date). Our designations will be based on the most recent 3 years of certified, qualityassured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will use to classify nonattainment areas under the 2008 revised ozoneNAAQS will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your govement is interested in further discussions or meeting with EPA officials about specific aspects ofthe designationprocess, please contact Amy Bhesania, Air Planning and DevelopmentBranch at 913-55 1-7147.

Enclosure

cc: Lucas Smith Acting Environmental Director9 

## 2 % 

### UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY

REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF REGIONAL ADMINISTRATOR



### Mr. Amen Sheridan Tribal Chairperson Omaha Tribe ofNebraska P. 0.

### Box 

### 368 Macy, NE 68039

Dear Mr. Sheridan:

This letter provides informationon the Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and considerwhere these rules orpolicies may impact tribes and their environments. We want to make surethat we are effectively communicatingwith you to ensure early tribal input on the designations process for ozone.

On March 12,2008, the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0.08 parts per million (ppm) to 0.075 ppm based on numerous epidemiological studiesconducted duringthe past decade in which many ofthe health effectsassociated with ozone exposurehave been demonstrated at and below the level of the 0.08 ppm standard, which was promulgated in 1997. These include a range of serious respiratory effectsand increased premature mortality. EPA also strengthenedthe secondary %hour ozone standard, making it identicalto the revised primary standard,to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act requiresthe Governor of each stateto submitto EPA a list of all areas in 

### the state, recommending designations for each as "attainment," "nonattainrnent," or "unclassifiable" with respect to the new or revised standard. Establishing area designations is a key step in the process ofproviding the health protections that the Clean Air Act mandates. Areas that are designated as not attaining the air quality standards will be required to adopt plans to reduce ambient concentrations of ozone.EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the Clean Air Act in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendationsthat you make, to EPA by March 12,2009 with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies on the process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early as possible after rcceipt of the recommendations,but no later than 120days prior to promulgating final designations. Following the announcement of intended designations, states and tribes will have the opportunity
to comment on any modificationsEPA proposes to their recommendations. In accordancewith section 107(d)(l)(B) of the Clean Air Act, we intend to issue final designationsby March 12, 2010 (althoughthat deadline may be extended up to one additional year if EPA determines that insufficient informationis availableto establish designations by that date). Our designations will be based on the most recent 3 years of certified, quality assured monitoring data available. Ozone nonattanment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainment areas under the 2008 revised ozone NAAQS will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your governmentis interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Amy Bhesania, Air Planning and Development Branch at 913-551-7147.

Enclosure Regio a1 Administrator 

# t'

cc: Ms. Ida Walker 

### - Acting Environmental Director Jeff Miller Environmental Office

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF 

### 8 0 

### DEG REGIONAL ADMINISTRATOR

Mr. 

### Larry Wright Jr Chairman Ponca Tribe ofNebraska 252-1 Spruce Avenue Niohrara. NE 68760

Dear Mr. Wright:

This letter provides information on the Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take ourresponsibility to consultwith the federally recognized Indian tribes seriously and consider where these rules or policies may impacttribes and their environments. We want to make sure that we are effectively communicating with you to ensure early tribal input onthe designations process for ozone.

On March 12,2008, the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection ofpublic health and welfare from ozone pollution. The new primary ozone standardwas lowered from 0.08 parts per million @pm)to 0.075 ppm based on numerous epidemiological studies conducted during the past decade in which many ofthe health effectsassociated with ozone exposure have been demonstrated at and below the level ofthe 0.08 ppm standard, which was promulgated in 1997. These include a range of serious respiratory effects and increased premature mortality. EPA also strengthenedthe secondary 8-hour ozone standard, making it identicalto the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act requires the Governor of each stateto submitto EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designations is a key step in the
process ofproviding the health protections that the Clean Air Act mandates. Areas that are designated as not attaining the air quality standards will be required to adopt plans to reduce ambient concentrations of ozone.EPA does not recognize State designation recommendationsas applyingto Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activities under the Clean Air Act in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. By participating in the process, tribes can learn about state's plans to prepare recommendations for designationsof state lands that border tribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designationsprocess, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12,2009with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies on the process for designating areas under the 2008revised ozone standard. We plan to announce our intended designations as early as possible after receipt ofthe recommendations,but no later than 120days prior to promulgating final designations. Following the announcementof intended designations, states and tribes will have the opportunity
to commenton any modifications EPA proposesto theirrecommendations. In accordance with section 107(d)(l)(B) of the Clean Air Act, we intend to issue final designationsby March 12, 2010 (although that deadlinemay be extended up to one additional year if EPA determines that insufficient informationis available to establish designationsby that date). Our designations will be based onthe most recent 

### 3 years of certified, quality assured monitoring data available. Ozone nonattainmentareas will be classified at the time of designation. The approach EPA will use to classify nonattainment areas under the 2008 revised ozone NAAQS will be established through a separatenotice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designationsunder the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designationprocess, please contact Amy Bhesania, Air Planning and Development Branch at 913-551-7147.

Reg'onal Administrator 

# 1

Enclosure

cc: Ms. Julia Sage Environmental Director

### UNITED 

### STATES ENVIRONMENTAL PROTECTION 

### AGENCY

REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF REGIONAL ADMINISTRATOR

Mr. Steve Ortiz Tribal Chairperson Prairie Band PotawatomiNation 16281Q Rd. Mayetta, 

### KS 66509-9114

Dear Mr. Ortiz:

This letterprovides informationon the Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and considerwhere these rules or policies may impacttribes and their environments. We want to make surethat we are effectively communicating with you to ensure early tribal input on the designations process for ozone.

On March 12,2008, the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection ofpublic health and welfare from ozone pollution. The new primary ozone standard was lowered from 0.08 parts per million @pm)to 0.075 ppm based on numerous epidemiological studiesconducted during the past decade in which many ofthe health effectsassociated with ozone exposurehave been demonstrated at and below the level ofthe 0.08ppm standard, which was promulgated in 1997. These include a range of serious respiratory effects and increased premature mortality. EPA also strengthenedthe secondary 8-hour ozone standard, making it identicalto the revised primary standard,to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act requires the Governorof each stateto submit to EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designations is a key step in the process ofproviding the health protectionsthat the Clean Air Act mandates. Areas that are designated asnot attaining the air quality standards will be required to adopt plans to reduce ambient concentrations of ozone.



### RECYCLEEPA does not recognize State designation recommendationsas applying to Indian country because Statesgenerally have neither the responsibility nor the authority for planning and regulatory activities under the Clean Air Act in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encourages you to do so. By participating in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant informationto EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12,2009 with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidanceto state, tribal and local air pollution control agencies on the process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early as possible after receipt ofthe recommendations,but no later than 120days prior to promulgating final designations. Followingthe announcementofintended designations, states and tribes will have the opportunity
to comment on any modificationsEPA proposes to theirrecommendations. In accordance with section 107(d)(l)(B) ofthe Clean Air Act, we intend to issue final designationsby March 12, 2010 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establishdesignationsby that date). Our designations will be based on the most recent 3 years of certified, quality assured monitoring data available. Ozonenonattainment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainmentareas under the 2008 revised ozone NAAQS will be established through a separatenotice-and-commentrulemaking.

We look forward to working with you and your staffto develop area designationsunder the 2008 revised ozone standardsin a timely manner. If your government is interested in further discussions or meeting with EPA officials about specificaspe& of the designationprocess, please contact Amy Bhesania, Air Planning and Development Branch at 913-551-7147.

~e~knal Administrator

Enclosure

cc: Ms. Virginia LeClere EnvironmentalDirector$'

5 '2 (. 

### UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY

REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF REGIONAL ADMINISTRATOR



### Mr. Twen Barton Tribal Chairperson Sac and Fox Nation ofMissouri in Kansas and Nebraska 305 North Main St. Reserve, KS 66434

Dear Mr. Barton:

This letterprovides information on the Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules or policies may impact tribes and their environments. We want to make sure that we are effectively communicating with you to ensure early tribal input on the designations process for ozone.

On March 12,2008,the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection ofpublic health and welfare from ozone pollution. The new primary ozone standard was lowered from 0.08 parts per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted duringthe past decade in which many ofthe health effects associated with ozone exposure have been demonstrated at and below the level ofthe 0.08 ppm standard, which was promulgated in 

### 1997. These include a range of seriousrespiratory effectsand increased premature mortality. EPA also strengthenedthe secondary 8-hour ozone standard, making it identicalto the revised primary standard,to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act requires the Governor of each stateto submitto EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designations is a key step 

### in the process ofproviding the health protections that the Clean Air Act mandates. Areas that are designated 

### as not attaining the air quality standards will be required to adopt plans to reduce ambient concentrations of ozone.EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatoryactivities under the Clean Air Act in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. Byparticipating in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12,2009with respect to the revised ozoneNAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies on the process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early as possible after receipt ofthe recommendations, but no later than 120 days prior to promulgating final designations. Following the announcement of intended designations, states and tribes will have the opportunity
to comment on any modifications EPA proposes to their recommendations. €n accordance with section 107(d)(l)(B) ofthe Clean Air Act, we intend to issue final designations by March 12, 201 0 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will be based on the most recent 3 years of certifi ed, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainment areas under the 2008 revised ozone NAAQS will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designations under the 2008 revised ozone standards in a timely manner. If your govennnent is interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, pleasc contact Amy Bhesania, Air Planning and Development Branch at 913-551-7147.

Enclosure Re ional Administrator 

# B

cc: Ms. Marion Frye-Pope Environmental Director Rick Campbell Environmental Office

### UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY

REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF REGIONAL ADMINISTRATOR



### Mr.Roger Trudell Tribal Chairperson Santee Sioux Nation ofNebraska 108 Spirit Lake Ave. West Niobrara, Nebraska 68760

Dear Mr. Trudell:

This letter provides information on the Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognizedIndian tribes seriously and consider where these rules or policies may impact tribes and their environments. We want to make surethat we are effectively communicatingwith you to ensure early tribal input on the designations process for ozone.

On March 12,2008, the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection ofpublic health and welfare from ozone poIiution. The new primary ozone standard was iowered from 0.08 parts per million (ppm) to 0.075ppm based on numerous epidemiological studiesconducted duringthe Dast decade 

### in which manv ofthe health effects associated with ozone exposure have "
L 

### been demonstrated at and below the ievel of the 0.08 ppm standard, which was in 1997. These include a range of serious respiratory effects and increased premature mortality. EPA also strengthenedthe secondary 8-hour ozone standard, making it identicalto the revised primary standard,to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within oneyear ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act requires the Governor of each stateto submitto EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designations is a key step in the process ofproviding the health protectionsthat the Clean Air Act mandates. Areas that are designated as not attainingthe air quality standardswill be requiredto adoptplans to reduce ambient concentrationsof ozone.EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activities under the Clean Air Act in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. Byparticipatmg in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant infonnation to EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for thc recommendations that you make, to EPA by March 12,2009with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies onthe process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations, but no later than 120days prior to promulgating final designations. Following the announcement of intended designations, states and tribes will have the opportunity
to comment on any modifications EPA proposes to their recommendations. In accordance with section 107(d)(l)(B) of the Clean Air Act, we intend to issue final designations by March 12, 2010 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will be based on the'most recent 3 years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainment areas under the 2008 revised ozoneNAAQS will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspecls of the designation process, please contact Amy Bhesania, Air Planning and Development Branch at 913-551-7147.

Enclosure

cc: Mr. Felix Kitto Environmental Director Sam Kitto Environmental Office2 

## $

t 

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 OFFICE OF REGIONAL ADMINISTRATOR 

### 0 2008



### Mr. John Blackhawk Tribal Chairperson Winnebago Tribe ofNebraska P. 

### 0. Box 687 Winnebago, NE 68071

Dear Mr. Blackhawk:

This letter provides information on the Environmental Protection Agency's (EPA's) process for designating areas forthe 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federallyrecognized Indian tribes seriously and considerwhere these rules or policies may impacttribes and their environments. We
want to make sure that we are effectively communicatingwith you to ensure early tribal input on the designationsprocess for ozone.

On March 12,2008,the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection ofpublic health and welfare from ozonepollution. The new primary ozone standard was lowered from 0.08 parts per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted duringthe past decade in which many ofthe health effectsassociated with ozone exposure have been demonstrated at and below the level of the 0.08 ppm standard, which was promdgated in 1997. These include a range of serious respiratory effectsand increasedprematuremortality. EPA also strengthenedthe secondary 8-hour ozone standard, making it identical to the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revisedNAAQS, section 107(d)(l)(A) ofthe Clean Air Act requiresthe Governorof each stateto submitto EPA a list of all areas in 

### the state,recommending designations for each as "attainment," "nonattainment," or "unclclasfiable" with respect to the new orrevised standard. Establishing area designations is a key step in the process ofproviding the health protections that the Clean Air Act mandates. Areas that are designated as not attaining the air quality standards will be required to adopt plans to reduce ambient concentrations of ozone.



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~Ms"~m~<8Rcc.cLm"Bm%EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activities under the Clean Air Act in Indian country. While tribes
are not obligated to participate in the designations process, EPA invites and encourages you to do so. Byparticipating in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide
your designation recommendations, includingappropriateboundaries for the recommendations that you make, to EPA by March 12,2009with respect to the revised

ozone NAAQS.

The enclosed memorandum wrovides detailed midance to state, tribal and local air 

# - pollution control agencies on the prc;cess for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations, but no later than 120daysprior to pro~kdgati~~g final designations. Following the announcement of intended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. In accordance with section 107(d)(l)(B) of the Clean Air Act, we intend to issue final designations by March 12, 2010 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will be based on the
most recent 3 years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainment areas under the 2008 revised ozone NAAQS will be established through a separate notice-and-coinment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Amy Bhesania, Air Planning and Development Branch at 913-551-7147.

ggional Administrator

Enclosure

cc: Denise Jense~l 

### - Acting Environmental Director Darwin Snyder Environmental Office