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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

December 30 , 2008

Honorable Deval Patrick

Governor of Massachusetts

State House, Room 360

Boston, MA 02133

Dear Governor Patrick:

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

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.

EP A 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 1 07( d) (1 )(A) of

the Clean Air Act requires the Governor of each state to submit to EP A 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. Therefore, we ask that you provide your designation

recommendations, including appropriate area boundaries, to EP A by March 12, 2009 with

respect to the revised ozone NAAQS. 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 wil be required to adopt plans to reduce ambient

concentrations of ozone.

The enclosed memorandum provides guidance 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 your 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 EP A proposes to their recommendations.

In accordance with section 107(d)(1)(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 EP A determines that insuffcient 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

Toll Free .1-888-372-7341

Internet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable . Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)
designation. The approach EP A wil use to classify nonattainment areas under the 2008 revised

ozone NAAQS wil 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 you have any questions, please do not

hesitate to contact me. Your air quality staff may wish to contact Richard Burkhart

Environmental Scientist at 617-918- 1664.

Sincerely,

w. V

Robert W. Varney

Regional Administrator

Enclosure

cc: Laurie Burt, MA DEP

Barbara Kwetz, MA DEP