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 ofthe North Mariana Islands Office ofthe Governor Saipan, Northern Mariana Islands 96950
Dear Governor Fitial: I am writing you today to provide you with guidance onthe process for designating areas under the 2008 revised National Ambient Air Quality Standard (NAAQS) for lead. In orderto ensure that publichealth and welfare wereprotected, 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 of0.15 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 implementingthe revised lead NAAQS is for states to recommend to EPA an air quality designation for their state. Theprocess for designations, following promulgation ofa new orrevised NAAQS, is contained in Section 107(d)(l) ofthe Clean Air Act (Act). This section ofthe Act provides a process for each Governorto recommend attainment, nonattainment, orunclassifiable designations, with appropriateboundaries, to the EPA and requires that these recommendations be submitted to EPA within one year ofa promulgation ofa new orrevisedNAAQS. 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, byno later than 120 days prior to promulgatingthe designations, ofourresponse to states' recommendations. This will provide an opportunity for states to comment on any modification that EPA proposes to tneirrecommendations. 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. Weplan to announce our intended designations as early as possible, but no laterthan 120 days priorto promulgating initial designations.**Prinr~d** on**Recyc/~d** PaperUnder section 107(d)(l)(B) ofthe Act, EPA is required to issue final designations within two years offinalizing a NAAQS; however, EPA has the discretionto extend the deadline up to one year ifthere 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 ofproviding the health protectionthat the Act is intended to provide. Areas that are designated as not attainingthe lead NAAQS will be required to adoptplans to reduce ambient concentrations oflead. We will keep your state informed ofany 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 ofmy staffat 520-498-0118. Sincerely,

# L:::t~ Acting Regional Administrator Enclosure

cc: Frank Rabauliman, Director CNMI Division ofEnvironmental Quality