UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLASTX75202-2733 

### DEC 9 - 2011 The Honorable Bill John Baker Principal Chief Cherokee Nation Post Office Box 948

.Tahlequah, Oklahoma 74465-0948 Dear Principal ChiefBaker: Thank you for your February 13,2009, recomrnendati'onon air quality designations for the revised 2008 ozone national ambient airquality standards (NAAQS) on behalfofthe Cherokee Nation. The purpose of this letter is to notify you ofthe U.S. Environmental Protection Agency's (EPA) preliminary decision to designate the Cherokee Nation tribal lands as attaimnentlunclassifiable for the revised 2008 ozone NAAQS, and to inform you ofour approach for completing the designations for the revised ozone NAAQS. On March 12, 2008, the EPA revised its national air quality standards for**ground~level** ozone to provide increased protection ofpublic health and the enviromnent. The EPA lowered the primary ozone standard from 0.08 parts permillion (ppm) to 0.075 ppm to protect againsthealth effects associated with ozone exposure, including arange ofserious respiratory illnesses and increased premature death from heart orlung disease. The EPArevised the secondary 8-hourozone standard, making it identical to the primary standard, to protect against welfare effects, including impacts on sensitive vegetation and forested ecosystems. Within one year ofpromulgation ofa new or revised NAAQS, the Clean AirAct requires the governor of each state to submit to the EPA a list ofall areas in the state, recommending designations with respectto the new orrevised standard. Therefore, states were asked to submittheir designation recommendations, including appropriate areaboundaries, to the EPA by March 12, 2009, with respect to the revised ozone standards. Although tribes are notrequired to submitrecommendations, we encouraged them to participatein the designations process, and provided them with an opportunityto submitrecommendations ifthey chose to do so. The EPA received arecommendation from the Cherokee Nation on February 13, 2009. As a first step in implementing the 2008 ozone standards, the EPA asked states and tribes to submit their designation recommendations, including appropriate areaboundaries, by March 12,2009. In September 2009, the EPA announced it was reconsidering the 2008 ozone standards. The agency latertook steps to delay the designation process for the 2008 ozone standards pending the outcome ofthe reconsideration. However, in September2011, the Office ofManagement and Budget returned to the EPA the draftfinal rule addressing the reconsideration ofthe 2008 ozone standards. On September22, 2011, the EPA restarted the implementation effortby issuing aletterto clarify for state and local agencies the status ofthe 2008 ozone

.standards and to outline plans for moving forward to implement them. This letterwas also provided to the tribes. In addition, several conference calls were held with the tribes to describe the overall designations process. The EPA indicated thatit would proceed with initial area designations forthe 2008 standards, and planned to use the recommendations states and tribes made in 2009 as updated by the most current, certified airquality data from 2008-2010. While the EPA did notrequest that states and tribes submit updated designation recommendations, the agencyprovided the opportunity forthem to do so. We did notreceive an

Internet Address (URL) • http://www.epa.gciv/region6 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on 100% Recycled Paper, Process Chlorine Freeupdated recommendation letterfrom the Cherokee Nation. However, because the EPA is required to designate all areas ofthe country, we intend to promulgate an appropriate designation for your area ofIndian country. More infonnation regarding this designation is included below. As required by the Clean AirAct, the EPA will designate an area as nonattainment ifit is violating the 2008 ozone standards or contributing to a violation ofthe standards in a nearby area. Consistent with designations forprevious ozone standards, the EPA intends to designate an area as unclassifiable/attainment ifthere are certified, quality-assured airqualitymonitoring data showing the areais meeting the ozone standards orthere are no monitoring data for the area, and the EPA

. has notmade a detennination that the area is contributing to a violation in a nearby area.

Afterconsidering the Cherokee Nation's February 13,2009, ozone designations recommendation and other relevant technical infonnation,'including 2008-2010 air quality data, the EPA intends to supportthe Cherokee Nation's recommended area designation and to designate your area ofIndian country as attainmentlunclassifiable along with the surrounding state area. Please notify us ifyou are interested in consulting with us regarding the designations process. When requested, consultation will be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (www.epa.gov/triba1/consultation/consult-policy.htm). The EPA will also make its preliminary designation decisions and supporting documentation available to the general public for review and comment. We will be announcing a 30-daypublic commentperiod shortly in the FederalRegister. After considering additional infonnation, the agency plans to promulgate final ozone designations in the spring of2012. The EPA is committed to working with the states and tribes to share the responsibility ofreducing ozone air pollution. Current and upcomingfederal standards and safeguards, including pollutionreduction rules for powerplants, vehicles and fuels, will assure steadyprogress to reduce smog-fonning pollution andwill protectpublic health in communities across the country. We look forward to working with you and your staffto develop area designations underthe 2008ozone NAAQS in a timely manner. Ifyourtribe is interested in consultation, please do nothesitate to contactme at (214) 665-2100, orourTribal Consultation Advisor, Ms. Jeannine Hale, at (214) 665-2136. Ifthe tribe has technical concerns orquestions about the designation process, you may contact Mr. Guy Donaldson at (214) 665-7242

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.Cc: Mr. Tom Elkins, Administrator for Environmental Programs Cherokee Nation Ms. Nancy John, Environmental Director Cherokee Nation