UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900

. Seattle, WA 98101-3140 

### JAN 2 1 2009 REGIONAL ADMINISTRATOR



### Chairwoman Vivian Lee Hoh Indian Tribe of the Hoh Indian Reservation 2464 Lower Hoh Road Forks, Washington 98331

. Dear Chairwoman Lee:

This letter provides information on the Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air 

### quality standards (NAAQS). When EPA develops iules and policies, we take our responsibility to consult with the federally recognized Indian Tribes seriously and consider where these rules or policies may impact tribes and their environments. We want to make sure that we are effectively communicating with you to ensure early tribal input on the designations process for ozone.

On 

### March 12,2008, the EPA revised the NAAQS for ozone to provide increased protection of public health and welfare from ozone pollution. The neW primary ozone standard

was lowered from 0.08 parts per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted during the past decade in which many of the hea1theffects 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. EPA 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 107( d)(1 )(A) of the Clean Air Act requires -the Governor of each state to submit to EPA 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. 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 will be required to adopt plans to reduce ambient concentrations of ozone.

EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the authority nor the responsibility for planning and regulatory activities under the Clean Air Act in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages tribes to 

### do so.

',deBy participating in the process, tribes can learn about state's plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant infonnation to EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12, 2009 with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies 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 the 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 EPA proposes to their recommendations. In accordance With**s~tion** 107(d)(I)(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 EPA determines that insufficient infonnation is available to establish designations by thl;lt date). Our designations will be based on the most recent 3 years of certified, quality assured monitoring <l8ta available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will

use to classify nonattainment areas under the 2008 revised ozone NAAQS will 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. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Mahbubul Islam, State and Tribal 

### Air Program Unit Manager at 206-553-6985, Debra Suzuki, Tribal Air Team Lead at**206-553~0985,** or Krishna Viswanathan; Ozone Lead at 206-553-2684:

Sincerely,

Michelle 

### L. Pirzadeh Deputy Regional Administrator

Enclosures

cc: Mr. Steven Allison, Natural Resources**Director~** Hoh Indian Tribe**What is Ozone?**

O zone (O3) is a highly reactive gas composed of three oxygen atoms. Depending on where it is in the atmosphere, ozone affects life on Earth in either good or bad ways. In the upper regions of the atmosphere, stratospheric “good” ozone is formed naturally through the interaction of solar ultraviolet (UV) radiation with molecular oxygen (O2). The stratospheric “ozone layer” extends from approximately six to thirty miles above the Earth’s surface and reduces the amount of harmful UV radiation reaching the Earth’s surface.

Ground-level or tropospheric “bad” ozone forms primarily from reactions between two major classes of air pollutants: volatile organic compounds (VOCs) and nitrogen oxides (NOx). These reactions depend on the presence of heat and sunlight, meaning more ozone forms in the summer months.

**What are the health and environmental effects of “bad” Ozone?** 
Breathing ozone can trigger a variety of health problems including chest pain, coughing, throat irritation, and congestion. It can worsen bronchitis, emphysema, and

a sthma, reduce lung function and infl ame the linings of the lungs. Because ozone forms in hot weather, anyone who spends time outdoors in the summer may be affected, particularly children, outdoor workers and people exercising.

Ground-level ozone also damages vegetation and ecosystems. It leads to reduced agricultural crop and commercial forest yields, reduced growth and survivability of tree seedlings, and increased susceptibility to diseases, pests and other stresses such as harsh weather.

**What are important sources of Ozone in the Northwest and Alaska?**  Ground-level or “bad” ozone is not emitted directly into the air, but is created by chemical reactions between oxides of nitrogen (NOx) and volatile organic compounds (VOC) in the presence of sunlight. In our region, emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOx and VOC. 

# Fact Sheet Ozone Designations under the Clean Air Act United States Environmental Protection Agency Region 10 EPA 910-F-09-001 Jannuary 2009

Page 1 **What are Ozone designations?**

W hen EPA revises a standard, we are then required to designate all geographic areas within the United States as attainment, unclassifi able, or nonattainment under Section 107 of the Clean Air Act (CAA). Designating an area under the CAA is accomplished through a formal rulemaking process outlined in Section 107(d) of the Act.

If an area does not meet the national standard for Ozone, an area will be designated as nonattainment. Attainment areas are areas that meet the standard, and unclassifi able areas are areas that cannot be classifi ed on the basis of available information. Industrial/ Commercial/

Residential Fuel Combustion 17% All Other Sources 5%

Motor Vehicles 56%

Utilities 22%

Motor Vehicles 45% Consumer Solvents 5%

Industrial Consumer Processes 50%



### Sources of VOC Sour ces of NOx SOURCES OF OZONE**Which areas are subject to EPA’s designations?**

All areas in the country, including state lands and Indian country are subject to EPA’s designations. Under the process set out in the Clean Air Act, only states are required to submit recommendations for designations to EPA by March 12, 2009.

**How can tribes participate in the designations process?** 

Unlike states, tribes are not obligated to submit designation recommendations, but are invited to participate in the designations process by submitting a designation recommendation for Indian country and/or by engaging in formal or informal consultation with EPA and states. Tribal consultation is an important part of the designations process. Through consultation EPA can gather information from tribes about designations of areas in Indian country or adjacent state land. Tribes can learn about state plans to prepare their recommendations for designation of lands which may surround Indian country.

**What are the requirements for state or tribal areas that have been designated unclassifi able or**  **attainment for Ozone?**

An unclassifi able or attainment designation does not trigger any additional planning requirements for states or tribes. Existing requirements (Prevention of Signifi cant Deterioration, FARR, etc.) do not change as a result of this designation.

**What are the requirements for state or tribal areas that have been designated nonattainment?** 

States with nonattainment areas are required to develop and submit plans to show how they will attain the Ozone standard as expeditiously as possible. These plans are referred to as State Implementation Plans or SIPs. These plans are due three years after the fi nal designations. Tribes with areas of Indian country adjacent to state nonattainment areas should work with states as they develop these plans. Tribes with nonattainment areas are not required to follow a specifi c timeline for submitting plans and attaining the standard but EPA encourages tribes to work with EPA to take appropriate actions to reduce adverse health effects due to ground level Ozone.

**What are the requirements for tribal stationary sources located in Ozone nonattainment areas?** 

New and modifi ed major sources must utilize control technologies that achieve the lowest VOC and NOx emissions possible and must offset their increased emissions with reductions from existing sources. Existing sources must employ reasonable controls. Stationary sources may be required to reduce VOC and NOx emissions further in order to attain the Ozone standard.

**What is the timeline for Ozone designations?**

TIMELINE FOR REVISED 2008 OZONE STANDARDS DESIGNATION PROCESS

Milestone Date

EPA promulgated revised ozone standards March 12, 2008

State and tribal recommendations due for ozone designations No later than March 12, 2009

EPA notifi es states and tribes concerning any modifi cations to their recommendations (120- day letters). No later than November 12, 2009 (120 days prior

to fi nal designations)

EPA publishes public notice of state recommendations and EPA’s proposed modifi cations and initiates 30-day public comment period. Mid-November 2009

End of 30-day public comment period. Mid-December 2009

States and Tribes submit additional information to demonstrate why an EPA modifi cation is inappropriate. No later than January 12, 2009

EPA promulgates fi nal ozone designations. No later than March 12, 2010

**Where can the public get more information about Ozone designations?** 

Visit the EPA website http://www.epa.gov/air/ ozonepollution/actions.html or contact Krishna Viswanathan (206-553-2684) or Viswanathan.Krishna@ epa.gov at the Regional Offi ce.

Page 2The Honorable Vivian Lee Chairwoman Hoh Indian Tribe of the Hoh Indian Reservation 2464 Lower Hoh Road Forks, WA 98331 Mr. Steven Allison Natural Resources Director Hoh Indian Tribe of the Hoh Indian Reservation 2464 Lower Hon Road Forks, WA 98331

The Honorable Ralph Sampson Jr. Chairman The Confederated Tribes and Bands of the Yakama Nation P.O. Box 151 Toppenish, WA 98948-0151 Ms. Aja Decoteau Environmental Manager The Confederated Tribes and Bands of the Yakama Nation P.O. Box 151 Toppenish, WA 98948-0151

Mr. Greg Scott Air Quality Specialist The Confederated Tribes and Bands of the Yakama Nation P.O. Box 151 Toppenish, WA 98948-0151 The Honorable W. Ron Allen Chairman The Jamestown S'Klallam Tribe 1033 Old Blyn Highway Sequim, WA 98382-9342

Ms. Hansi Hals Environmental Planning Manager The Jamestown S'Klallam Tribe 1033 Old Blyn Highway Sequim, WA 98382-9342 The Honorable Frances G. Charles Chairman The Lower Elwha Klallam Tribe 2851 Lower Elwa Road Port Angeles, WA 98363-9518

Ms. Sonya Tetnowski Executive Director The Lower Elwha Klallam Tribe 2851 Lower Elwa Road Port Angeles, WA 98363-9518 Mr. Matthew Beirne Environmental Coordinator The Lower Elwha Klallam Tribe 2851 Lower Elwa Road Port Angeles, WA 98363-9518

The Honorable Henry Cagey Chairman The Lummi Nation 2616 Kwina Road Bellingham, WA 98226 Mr. Merle Jefferson Executive Director of the Natural Resource The Lummi Nation2 616 Kwina Road Bellingham, WA 98226

Mr. Leroy Deardorff Director for Environmental Programs The Lummi Nation 2616 Kwina Road Bellingham, WA 98226 The Honorable Micah McCarty Tribal Council Chairman The Makah Tribe P.O. Box 115 Neah Bay, WA 98357-0115Mr. Dana Sarff Air Quality Specialist The Makah Tribe P.O. Box 115 Neah Bay, WA 98357-0115 The Honorable John Daniels Jr. Chairman The Muckleshoot Indian Tribe 39015 172nd Ave SE Aubur, nWA 98092-9763

Mr. Steve Taylor Planning Director The Muckleshoot Indian Tribe 39015 172nd Ave SE Auburn, WA 98092-9763 The Honorable Cynthia Lyall Chairwoman The Nisqually Tribe 4820 She-Nah-Num Drive SE Olympia, WA 98513

Mr. Curtis Stanley Environmental Program Manager The Nisqually Tribe 4820 She-Nah-Num Drive SE Olympia, WA 98513 Mr. Joe Cushman Planner The Nisqually Tribe 4820 She-Nah-Num Drive SE Olympia, WA 98513

The Honorable Ronald G. Charles Chairman The Port Gamble S'Klallam Tribe 31912 Little Boston Road NE Kingston, WA 98346 Ms. Sharon Purser Director of Natural Resources The Port Gamble S'Klallam Tribe 31912 Little Boston Road NE Kingston, WA 98346

Mr. Dave Fuller Water Resources Manager The Port Gamble S'Klallam Tribe 31912 Little Boston Road NE Kingston, WA 98346 The Honorable Herman Dillon Sr. Chairman The Puyallup Tribe 1850 Alexander Ave Tacoma, WA 98421

Mr. Bill Sullivan Environmental Manager The Puyallup Tribe 1850 Alexander Ave Tacoma, WA 98421 Ms. Mary Basballe Air Quality Staff The Puyallup Tribe 3009 E. Portland Ave Tacoma, WA 98404

The Honorable Russell Woodruff Sr. Chairman The Quileute Tribe P.O. Box 279 LaPush, WA 98350-0279 Mr. Mel Moon Environmental Programs Manager The Quileute Tribe P.O. Box 279 LaPush, WA 98350-0279Mr. Dave Bingaman Natural Resources Director The Quinualt Indian Nation P.O. Box 189 Taholah, WA 98587-0189 Ms. Lisa Riener Air Quality Program Manager The Quinualt Indian Nation P.O. Box 189 Taholah, WA 98587-0189

The Honorable Tom Wooden Chairman The Samish Indian Nation P.O.Box 217 Anacortas, WA 98221 Mr. Todd Woodard Environmental Technician The Samish Indian Nation P.O.Box 217 Anacortas, WA 98221

The Honorable Janice Mabee Chairwoman The Sauk-Suiattle Indian Tribe 5318 Chief Brown Lane Darrington, WA 98241 Mr. Richard Wolten Director of Natural Resource The Sauk-Suiattle Indian Tribe 5318 Chief Brown Lane Darrington, WA 98241

Mr. J. Douglas McMurtrie Environmental Manager The Sauk-Suiattle Indian Tribe 5318 Chief Brown Lane Darrington, WA 98241 The Honorable Charlene Nelson Chairperson The Shoalwater Bay Tribe P.O. Box 130 Tokeland, WA 98590-0130

Mr. Gary Burns Laboratory and Environmental Program Di The Shoalwater Bay Tribe P.O. Box 130 Tokeland, WA 98590-0130 The Honorable Joe Mullen Chairman The Snoqualmie Nation P.O. Box 999 Snoqualmie, WA 98065

Mr. Steven Mullen Director of Environmental Programs The Snoqualmie Nation P. O. Box 999 Snoqualmie, WA 98065 The Honorable David Lopeman Chairman The Squaxin Island Tribe 70 SE Squaxin Lane Shelton, WA 98584-9200

Mr. Jeff Dickison Assistant Director of Environmental Progra The Squaxin Island Tribe 70 SE Squaxin Lane Shelton, WA 98584-9200 The Honorable Shawn Yanity Chairman The Stilliguamish Tribe P.O. Box 277 Arlington, WA 98233-0277The Honorable Leonard Forsman Chairman The Suquamish Tribe P.O. Box 498 Poulsbo, WA 98370 Ms. Dee Williams Director of Natural Resources The Suquamish Tribe P.O. Box 498 Poulsbo, WA 98370

The Honorable Brian Cladoosby Chairman The Swinomish Indian Tribal Community P.O. Box 817 La Conner, WA 98257-0817 Mr. Scott Andrews Environmental Management and Complian The Swinomish Indian Tribal Community P.O. Box 817 La Conner, WA 98257-0817

Mr. Tony Basabe Air Quality Analyst The Swinomish Indian Tribal Community P.O. Box 817 La Conner, WA 98257-0817 The Honorable Melvin R. Sheldon Jr. Chairman The Tulalip Tribes of Washington 6700 Totem Beach Road Tulalip, WA 98271

Mr. Richard A. Young Environmental Program Director The Tulalip Tribes of Washington 6700 Totem Beach Road Tulalip, WA 98271 The Honorable Marilyn M. Scott Chairperson The Upper Skagit Indian Tribe 25944 Community Plaza Way Sedro Woolley, WA 98284-9739

Ms. Lauren Rich Environmental Planner The Upper Skagit Indian Tribe 25944 Community Plaza Way Sedro Woolley, WA 98284-9739 The Honorable Alonzo Coby Chairman The Shoshone-Bannock Tribes P.O. Box 306 Fort Hall, ID 83203

Mr. Arnold Appeney Land Use Director The Shoshone-Bannock Tribes P.O. Box 306 Fort Hall, ID 83203 Mr. Roger Turner Air Quality Manager The Shoshone-Bannock Tribes P.O. Box 306 Fort Hall, ID 83203

The Honorable Narcisco Cunanan Chairman The Nooksack Indian Tribe P.O. Box 157 Deming, WA 98244 Mr. Robert Kelly Natural Resource Director The Nooksack Indian Tribe P.O. Box 157 Deming, WA 98244Mr. Mark White Director of Natural Resources The Confederated Tribes of the Chehalis Reservation P.O. Box 536 Oakville, WA 98568 Mr. Glen Connelly Environmental Program Specialist The Confederated Tribes of the Chehalis Reservation P.O. Box 536 Oakville, WA 98568