UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLASTX 75202-2733

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 air quality standards (NAAQS) on behalf ofthe 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 of our 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 per million (ppm) to 0.075 ppm to protect against health effects associated with ozone

exposure, including a range ofserious respiratory illnesses and increased premature death from heart or lung

disease. The EPArevised the secondary 8-hour ozone standard, making it identical to the primary standard,

to protect against welfare effects, including impacts on sensitive vegetation and forested ecosystems.

Within one year of promulgation of a new or revised NAAQS, the Clean Air Act requires the governor of

each state to submit to the EPA a list of all areas in the state, recommending designations with respect to the

new or revised standard. Therefore, states were asked to submit their designation recommendations,

including appropriate area boundaries, to the EPA by March 12, 2009, with respect to the revised ozone

standards. Although tribes are not required to submit recommendations, we encouraged them to participate in

the designations process, and provided them with an opportunity to submit recommendations ifthey chose to

do so. The EPA received a recommendation 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 area boundaries, by March 12,2009. In September

2009, the EPA announced it was reconsidering the 2008 ozone standards. The agency later took steps to

delay the designation process for the 2008 ozone standards pending the outcome ofthe reconsideration.

However, in September 2011, the Office ofManagement and Budget returned to the EPA the draft final rule

addressing the reconsideration ofthe 2008 ozone standards. On September 22, 2011, the EPA restarted the

implementation effort by issuing a letter to clarify for state and local agencies the status ofthe 2008 ozone

.standards and to outline plans for moving forward to implement them. This letter was also provided to the

tribes. In addition, several conference calls were held with the tribes to describe the overall designations

process. The EPA indicated that it would proceed with initial area designations for the 2008 standards, and

planned to use the recommendations states and tribes made in 2009 as updated by the most current, certified

air quality data from 2008-2010. While the EPA did not request that states and tribes submit updated

designation recommendations, the agency provided the opportunity for them to do so. We did not receive an

Internet Address (URL) • http://www.epa.gciv/region6

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updated recommendation letter from 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 Air Act, 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 for previous ozone standards, the EPA intends to designate an area as

unclassifiable/attainment ifthere are certified, quality-assured air quality monitoring data showing

the area is meeting the ozone standards or there are no monitoring data for the area, and the EPA

. has not made a detennination that the area is contributing to a violation in a nearby area.

After considering 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 support the

Cherokee Nation's recommended area designation and to designate your area ofIndian country as

attainmentlunclassifiable along with the surrounding state area.

Please notify us if you 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-day public comment period shortly in

the Federal Register. 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 upcoming federal standards and safeguards, including pollution reduction rules for

power plants, vehicles and fuels, will assure steady progress to reduce smog-fonning pollution and will

protect public health in communities across the country.

We look forward to working with you and your staffto develop area designations under the 2008 ozone

NAAQS in a timely manner. If your tribe is interested in consultation, please do not hesitate to contact me at

(214) 665-2100, or our Tribal Consultation Advisor, Ms. Jeannine Hale, at (214) 665-2136. Ifthe tribe has

technical concerns or questions about the designation process, you may contact Mr. Guy Donaldson

at (214) 665-7242.

.Cc: Mr. Tom Elkins, Administrator for Environmental Programs

Cherokee Nation

Ms. Nancy John, Environmental Director

Cherokee Nation