UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2

290 BROADWAY

NEW YORK, NY 10007·1866

Honorable David A. Paterson

Governor ofthe State ofNew York

State Capitol

Albany, NY 12224

Dear Governor Paterson:

I am writing you today to provide you with information on the process for designating

areas in the State ofNew York that meet or may not meet the U.S. Environmental Protection

Agency's (EPA) health-related National Ambient Air Quality Standards for lead. In order to

protect the public health and welfare EPA periodically evaluates health studies and where

appropriate, revises its National Ambient Air Quality Standards accordingly. On October 15,

2008;EPA promulgated a more stringent air quality standard for lead. This new standard is

based on the 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 stringent health-related standard.

The next step in implementing the revised lead National Ambient Air Quality Standard is

for each state to recommend to EPA those areas in the state that meet or may not meet this more

stringent air quality standard for lead. The process for designating areas is contained in Section

107(d)( 1) ofthe Clean Air Act. This section ofthe Clean Air Act provides a process for each

governor to recommend "attainment", "nonattainment", or "unclassifiable" designations, with

appropriate boundaries, to the EPA and requires that these recommendations be submitted to

EPA within one year of a promulgation of a revised National Ambient Air Quality Standard.

Therefore, we ask that you provide your recommendations to EPA for all areas in New York

State by October 15,2009.

Once EPA receives and evaluates your recommendation it may propose modifications to

the recommended designations and boundaries. EPA will notify states by no later than 120 days

prior to promulgating its final designations, of any proposed modifications. You would then

have the opportunity to comment on any modification that EPA proposes to New York's original

designation recommendation.

I have enclosed with this letter additional guidance to states, local air pollution control

agencies and Indian tribes on the time frame and process for designating areas under the revised

lead standard. EPA plans to announce our proposed designations as early as possible, but no

later than 120 days prior to promulgating initial designations. As previously mentioned - this

120 day period is established to allow states an opportunity to review and comment upon any

changes EPA proposes to make to your original recommendation.

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My staff has already provided this same information on an informal basis to

representatives ofthe Department of Environmental Conservation and will continue to provide

them with technical assistance and information as this process unfolds.

Under section 107(d)(l)(B) ofthe Act, EPA is required to issue final designations within

two years of promulgation 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 later than October 15,

2010, where air quality data from the existing monitoring network is sufficient or where no

additional data is expected to 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 15,2011.

States and Indian tribes will have an opportunity to update their recommendations for these

remaining areas by October 15,2010.

Establishing area. designations is a key step in the process of providing the health

protection that the Clean Air Act is intended to provide. Areas that are designated as not

attaining the lead National Ambient Air Quality Standard will be required to adopt plans to

reduce ambient concentrations of lead. We will keep New York informed of any additional

guidance and other support activities. Should you have any questions regarding this matter,

please do not hesitate to contact me at 212-637-5000 or have your staff contact Raymond

Werner, Chief Air Programs Branch, at 212-637-3706.

Sincerely,

Uy0---v-fLGeorge Pavlou

Acting Regional Administrator

Enclosures

Cc: Pete Grannis, Commissioner

New York State Department of Environmental Conservation