UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

The Honorable Benigno R. Fitial, Governor 

Commonwealth of the North Mariana Islands 

Office ofthe Governor 

Saipan, Northern Mariana Islands 96950 

Dear Governor Fitial: 

I am writing you today to provide you with guidance on the process for designating areas 

under the 2008 revised National Ambient Air Quality Standard (NAAQS) for lead. In order to 

ensure that public health and welfare were protected, the U.S. Environmental Protection Agency 

(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

) level 

set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most recent scientific 

studies and provides increased protection against adverse health effects associated with exposure 

to lead. To provide increased protection against lead-related welfare effects, EPA revised the 

secondary standard to be identical in all respects to the revised primary standard. 

The next step in implementing the revised lead NAAQS is for states to recommend to 

EPA an air quality designation for their state. The process for designations, following 

promulgation ofa new or revised NAAQS, is contained in Section 107(d)(l) of the Clean Air 

Act (Act). This section of the Act provides a process for each Governor to recommend 

attainment, nonattainment, or unclassifiable designations, with appropriate boundaries, to the 

EPA and requires that these recommendations be submitted to EPA within one year of a 

promulgation of a new or revised NAAQS. Therefore, we ask that your state provide 

designation recommendations for all areas by October 15,2009. 

Under section 107(d)(l) ofthe Act, EPA may make modifications to the recommended
 

designations and boundaries as it deems necessary. EPA will notify the states, by no later than
 

120 days prior to promulgating the designations, ofour response to states' recommendations.
 

This will provide an opportunity for states to comment on any modification that EPA proposes to
 

tneir recommendations.
 

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

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

revised lead standard. We plan to announce our intended designations as early as possible, but
 

no later than 120 days prior to promulgating initial designations.
 

Prinr~d on Recyc/~d Paper 
Under section 107(d)(l )(B) of the Act, EPA is required to issue final designations within 

two years of finalizing a NAAQS; however, EPA has the discretion to extend the deadline up to 

one year if there is insufficient information to make designations. EPA intends to complete 

initial designations by no later than October 15, 2010, where data is sufficient from the existing 

monitoring network or where no additional data is expected to be available for a state. 

Remaining areas, using information from the expanded lead monitoring network, will be 

designated by no later than October 15, 2011. States and tribes will have an opportunity to 

update their recommendations for these remaining areas by October 15, 2010. 

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

protection that the Act is intended to provide. Areas that are designated as not attaining the lead 

NAAQS will be required to adopt plans to reduce ambient concentrations of lead. We will keep 

your state informed of any additional guidance and other support activities. Should you have any 

questions regarding this matter, please do not hesitate to contact me at 415-947-8702 or Colleen 

McKaughan of my staff at 520-498-0118. 

Sincerely, 

L:::t~ Acting Regional Administrator 

Enclosure 

cc:	 Frank Rabauliman, Director 

CNMI Division of Environmental Quality