UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEWYORK, NY 10007-1866

Mr. Ray Halbritter OneidaNation Representative OneidaIndian Nation 5218 Patrick Road Verona, NY 13478
Dear Mr. Halbritter:
I am writing you today to provide you with information on the process for designating areas that meet ormay not meetthe U.S. Environmental Protection Agency's (EPA) healthrelatedNational Ambient Air Quality Standards for lead. When EPA develops rules and policies we take ourresponsibility to consultwith the federally recognized Indiantribes seriously and consider where these rules orpolicies may impacttribes and their environments. We want to make surethat we are effectively communicating with you to ensure early tribal input on the designations process for lead.
On October 15, 2008, EPA promulgated amore stringent air quality standard for lead. This new standard is based onthe most recent scientific studies and provides additional protection against adverse health effects associated with exposure to airborne lead. To provide increased protection against lead-related welfare effects, EPA also revised the welfare-related secondary standard to be identical in all respects to the more stringenthealth-related standard. When EPA promulgates anew orrevised NAAQS, we then designate all geographic areas within the United States as "attainment", "nonattainment", or "unclassifiable" under section 107 ofthe Clean Air Act (Act). Designating an area underthe Act is accomplished through a formal rulemaking process outlined in Section 107(d)(l) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, itwill be designated as nonattainment.
EPA does not recognize state designation recommendations as applying to Indian country because states generally have neitherthe responsibility northe authority for planning and regulatory activities underthe Clean AirAct in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. By participating inthe process, tribes can learn about state's plans to prepare recommendations for designations ofstate lands that bordertribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. Ifyou are interested in participating in the designations process, we askthat you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by October 15,2009 with respectto the revised leadNational Ambient Air Quality Standards.

InternetAddress (URl). http://www.epa.gov Recycled/Recyclable. Printed with Vegetable 011 Baed Inks on Recycled Paper(MInimum 50% PostcoMumer contant)Once EPA receives and evaluates your recommendation it may propose modifications to therecommended designations and boundaries. EPA will notify states and tribes by no laterthan 120 days priorto promulgating its final designations, ofany proposed modifications. You would then have the opportunity to comment on any modification that EPA proposes to your original designation recommendation.
Ihave enclosed with this letter additional guidance to states, local airpollution control agencies and Indiantribes onthe time frame and process for designating areas under the revised lead standard. EPA plans to announce its proposed designations as early as possible, but no later than 120 days priorto promulgating initial designations. As previously mentioned

- this 120 day period is established to allow states and tribes an opportunity to review and commentupon any changes EPAproposes to make to your original recommendation. Under section 107(d)(l)(B) ofthe Act, EPA is required to issue final designations within two years ofpromulgation ofthe final National Ambient Air Quality Standard. However, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations by no laterthan October 15, 2010, where air quality data from the existing monitoring network is sufficient or where no additional data is expectedto be available.
EPA will designate the remaining areas, where additional air quality information is expected from an expanded lead air monitoring network, by no later than October 15, 20II. States and Indian tribes will have an opportunity to update their recommendations for these remaining areas by October 15,2010. " Establishing area designations is akey step in the process ofproviding the health protection thatthe Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specifics aspects ofthis guidance orthe designations process, please contact me at 212- 637-5000 orhave your staffcontactRaymond Werner, Chiefofthe Air Programs Branch, at 212-637-4249. Sincerely,

George Pavlou Acting Regional Administrator
Enclosures

2cc: Michael J. Massena, P.E., Environmental Manager OneidaIndian Nation 306 Diamond Street Canastota, NY 13032 Meghan Beakman, InterimEnvironmental contact Oneida Indian Nation Office ofNation Safety and Public Works 5218 Patrick Road Verona, New York 13478 Canastota, NY 13032 Clint Hill OneidaIndian Nation 5218 PatrickRoad Verona, NY 13478



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