9 

2 B UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION VII 

901 NORTH 5TH STREET 

KANSAS CITY, KANSAS 661 01 

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 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 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 of public 

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

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

during the past decade in which many of the 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 strengthened the secondary 8-hour ozone standard, making it identical to the revised 

primary standard, to protect against welfare effects such as impacts on vegetation and forested 

ecosystems. 

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

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

state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" 

with respect to the new or revised standard. Establishing area designations is a key step in the 

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

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

ambient concentrations of ozone. 
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. 

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 recommendations that 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 receipt of the 

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

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

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

section 107(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-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 government is interested in fiuther 

discussions or meeting with EPA oEcials about specific aspects of the designation process, 

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 PROTECTION AGENCY 

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 information on the 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 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 of public 

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

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

during the past decade in which many of the 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 strengthened the secondary 8-hour ozone standard, making it identical to the revised 

primary standard, to protect against welfare effects such as impacts on vegetation and forested 

ecosystems. 

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

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

state, recommending designations for each as "attainment," "nonattainrnent," or "unclassifiable" 

with respect to the new or revised standard. Establishing area designations is a key step in the 

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

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

ambient concentrations of ozone. 
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. 

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 recommendations that 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 receipt of the 

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

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

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

section 107(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-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 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. 

Enclosure 

cc: Mr. Luke Terry 

Environmental Director 
3 

2 

0 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION VtI 

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 for the 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 

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 of public 

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 studies conducted 

during the past decade in which many of the 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 strengthened the secondary 8-hour ozone standard, making it identical to the revised 

primary standard, to protect against welfare effects such as impacts on vegetation and forested 

ecosystems. 

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

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

state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" 

with respect to the new or revised standard. Establishing area designations is a key step in the 

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

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

ambient concentrations of ozone. 

RECYCLE 
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. 

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 recommendations that 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 ihc 2008 revised ozone 

standard. We plan to announce our intended designations as early as possible after receipt of the 

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

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

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

section 107(d)(l)(B) of the 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 certified, quality assured monitoring data available. 

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

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

through a separate notice-and-comment rulemaking. 

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 govement 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 913-55 1-7147. 

Enclosure 

cc: Lucas Smith 

Acting Environmental Director 
9 

2 

% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION VII 

901 NORTH 5TH STREET 

KANSAS CITY, KANSAS 66101 

OFFICE OF 

REGIONAL ADMINISTRATOR 

Mr. Amen Sheridan 

Tribal Chairperson 

Omaha Tribe of Nebraska 

P. 0. Box 368 

Macy, NE 68039 

Dear Mr. Sheridan: 

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 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 of public 

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

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

during the past decade in which many of the 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 strengthened the secondary %hour ozone standard, making it identical to the revised 

primary standard, to protect against welfare effects such as impacts on vegetation and forested 

ecosystems. 

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

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

state, recommending designations for each as "attainment," "nonattainrnent," or "unclassifiable" 

with respect to the new or revised standard. Establishing area designations is a key step in the 

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

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

ambient concentrations of ozone. 
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. 

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 recommendations that 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 120 days prior to promulgating final designations. 

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

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

section 107(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 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 staff to 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. 

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 of Nebraska 

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 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 of public 

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 studies conducted 

during the past decade in which many of the 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 strengthened the secondary 8-hour ozone standard, making it identical to the revised 

primary standard, to protect against welfare effects such as impacts on vegetation and forested 

ecosystems. 

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

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

state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" 

with respect to the new or revised standard. Establishing area designations is a key step in the 

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

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

ambient concentrations of ozone. 
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. 

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 recommendations that 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 receipt of the 

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

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

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

section 107(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-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 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. 

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 661 01 

OFFICE OF 

REGIONAL ADMINISTRATOR 

Mr. Steve Ortiz 

Tribal Chairperson 

Prairie Band Potawatomi Nation 

16281 Q Rd. 

Mayetta, KS 66509-91 14 

Dear Mr. Ortiz: 

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 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 of public 

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 studies conducted 

during the past decade in which many of the 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 strengthened the secondary 8-hour ozone standard, making it identical to the revised 

primary standard, to protect against welfare effects such as impacts on vegetation and forested 

ecosystems. 

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

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

state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" 

with respect to the new or revised standard. Establishing area designations is a key step in the 

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

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

ambient concentrations of ozone. 

RECYCLE 
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. 

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 recommendations that 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 receipt of the 

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

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

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

section 107(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-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 government is interested in further 

discussions or meeting with EPA officials about specificaspe& of the designation process, 

please contact Amy Bhesania, Air Planning and Development Branch at 913-551-7147. 

~e~knal Administrator 

Enclosure 

cc: Ms. Virginia LeClere 

Environmental Director 
$' 

5 '2 

(. 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION VII 

901 NORTH 5TH STREET 

KANSAS CITY, KANSAS 66101 

OFFICE OF 

REGIONAL ADMINISTRATOR 

Mr. Twen Barton 

Tribal Chairperson 

Sac and Fox Nation of Missouri in Kansas and Nebraska 

305 North Main St. 

Reserve, KS 66434 

Dear Mr. Barton: 

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 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 of public 

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

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

during the past decade in which many of the 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 strengthened the secondary 8-hour ozone standard, making it identical to the revised 

primary standard, to protect against welfare effects such as impacts on vegetation and forested 

ecosystems. 

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

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

state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" 

with respect to the new or revised standard. Establishing area designations is a key step in the 

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

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

ambient concentrations of ozone. 
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. 

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 recommendations that 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 receipt of the 

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) of the 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 of the 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 PROTECTION AGENCY 

REGION VII 

901 NORTH 5TH STREET 

KANSAS CITY, KANSAS 661 01 

OFFICE OF 

REGIONAL ADMINISTRATOR 

Mr. Roger Trudell 

Tribal Chairperson 

Santee Sioux Nation of Nebraska 

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 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 of public 

health and welfare from ozone poIiution. The new primary ozone standard was iowered from 

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

during the Dast decade in which manv of the 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 strengthened the secondary 8-hour ozone standard, making it identical to the revised 

primary standard, to protect against welfare effects such as impacts on vegetation and forested 

ecosystems. 

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

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

state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" 

with respect to the new or revised standard. Establishing area designations is a key step in the 

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

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

ambient concentrations of ozone. 
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. 

By participatmg 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 12,2009 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 receipt of the 

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

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

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

section 107(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-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 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 Office 
2 $ 

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 of Nebraska 

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 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 of public health and welfare from ozone pollution. The new primary ozone 

standard was lowered from 0.08 parts per million (ppm) to 0.075 ppm based on numerous 

epidemiological studies conducted during the past decade in which many of the health 

effects associated 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 effects and increased premature mortality. EPA also strengthened the 

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

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

Within one year of promulgation of a new or revised NAAQS, section 

107(d)(l)(A) of the Clean Air Act requires the Governor of each state to submit to EPA a 

list of all areas in the state, recommending designations for each as "attainment," 

"nonattainment," or "unclclasfiable" with respect to the new or revised standard. 

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

protections that the Clean Air Act mandates. Areas that are designated as not attaining 

the air quality standards will be required to adopt plans to reduce ambient concentrations 

of ozone. 

RECYCLE 

~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. 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, includingappropriate boundaries for the 

recommendations that you make, to EPA by March 12,2009 with 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 120 days prior 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 staff to 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