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 ofthe 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 ofpublic 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 ofthe hea1theffects associated with 

ozone exposure have been demonstrated at and below the level ofthe 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 ofpromUlgation ofa new or revised NAAQS, section 107( d)(1 )(A) of 

the Clean Air Act requires -the Governor ofeach state to submit to EPA a list ofall 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 ofproviding 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 ofozone. 

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. 

',de 
By participating in the process, tribes can learn about state's plans to prepare recommendations 

for designations ofstate 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 ofthe 

recommendations, but no later than 120 days prior to promulgating final designations. 

Following the announcement ofintended 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) ofthe Clean Air Act, we intend to issue final designations by March 12, 

2010 (although that deadline may be extended up to one additional year ifEPA 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 ofdesignation. 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 ofthe 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?

Ozone (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 

asthma, 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?

When 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

Sources 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 2
The 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 98357-0115
Mr. 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 98350-0279
Mr. 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 98233-0277
The 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 98244
Mr. 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