UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2



## FEB 28 2m1 ChiefMonica Jacobs ChiefMark H. Garrow ChiefRandy Hart St. Regis Mohawk Tribe 412 State Route 37 Akwesasne, New York 13655
Dear ChiefMonicaJacobs, Dear ChiefMark H. Garrow, Dear ChiefRandy Hart: 290 BROADWAY NEW YORK, NY 10007-1866

The purpose ofthis letter is toprovide you 

### with information and guidance onthe U.S. Environmental Protection Agency's (EPA) designations process for the revised sulfur dioxide (SO,) national ambient air quality standard (NAAQS). Your Indian Nation may find it important to engage in the·process ofassigning designations for Indian country. Therefore, we would like to invite you to participate in the designations process and to offer you an opportunity to engage in early consultation. We want to ensure early transparent and effective communication in proposing area designations for the revised S02 standard.
On June 3, 2010, EPA added a new primary NAAQS for SO, inorder to provide increased protection ofpublic health from SOzpollution. The new standard of75 parts per billion (ppb), is attained when the 3-year average ofthe 

### 99th percentile of 1-hour daily maximum concentrations does not exceed 75 ppb. No changes were made to the existing 3-hour secondary standard. This action required EPAto designate areas as attainment, nonattainment or unclassifiable only for the new, 1-hour75 ppb S02 standard. Establishing area designations is a key step in the process ofproviding the health protection intended bythe Clean Air Act (CAA). Section 107(d)(l)(A) ofthe CAA requires EPA to list and designate, within two years ofpromulgation ofa new orrevised NAAQS, all areas in the country, including Indian coWltry, as either:
Attainment-areasthat meet the standard; Nonattainment-areasthat either do not meet the standard, or are contributing to a nearby area that does not meet the standard; or Unclassifiable-areaswhere there is insufficient information to make a determination.
These designations are based on current air quality information, recommendations from State Governors and Indian Nation Leaders, and otherrelevant information discussed in the attached guidance document. We request and encourage your recommendation for designation ofyour area for consideration 

### in this process.

lntemet Address (URL) • http://www.epa.gov Recycled/Recyclable •Printed with Vegetable 011 Baaed Inks on Recycled Paper (Minimum 50% Postconsumer content)While Indian Nations are not obligated to participate in the designations process, we invite and encourage you to do so. Please notify us ifyou are interested inparticipating in the designations process and/or engaging inconsultation regarding the process. Ifyou choose to participate, we ask that youprovide your designations recommendation to EPA by Jtme 3, 2011. The enclosed memorandum provides guidance onthe process for designating areas tmder the new S02NAAQS. Weplan to annotmce ourproposed designations as early as possible after receipt ofrecommendations, butno later than 120 days priorto promulgating the final designations. Following the annotmcement ofintended designations, Indian Nations will have an additional opportunity to consult with EPA on the proposed designation.
In accordance with section 107(d)(l)(B) ofthe CAA, we arerequired to issue final designations by no later than Jtme 3, 2012. Our designations will 

### be based onthe most recent three calendar years ofcertified, quality-assured monitoring data available, and any other relevant information that is provided, including refmed 

### air quality dispersion modeling.
As the process moves forward, we will keep you and your staffinformed ofany additional guidance or other support activities. We look forward to working with you and your staffto develop area designations under the new S02 standard in a timely manner. Ifyour Indian Nation is interested in consultation orparticipating in further discussions ormeetings with EPA officials about the designations process, please do nothesitate to contact me orhave your staff contact Raymond Werner, ChiefAir Programs Branch, at 212-637-3706. Sincerely,

# i:::::!::c~**~** Regional Administrator
Enclosure