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

Honorable David A. Paterson Governor ofthe State ofNew York State Capitol Albany, NY 12224
Dear GovernorPaterson:
I am writing you today to provide you with information onthe process for designating areas in the State ofNew Yorkthatmeet or may not meetthe U.S. Environmental Protection Agency's (EPA) health-relatedNational Ambient Air Quality Standards for lead. In orderto 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;EPApromulgated amore stringentair 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-relatedwelfare effects, EPA also revised the welfare-related secondary standard to be identical in all respects to the more stringenthealth-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 ormay not meetthis 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 Actprovides aprocess for each governorto recommend "attainment", "nonattainment", or "unclassifiable" designations, with appropriate boundaries, to the EPA and requires that these recommendations be submitted to EPA within one year ofapromulgation ofarevised National Ambient Air Quality Standard. Therefore, we askthat you provide yourrecommendations to EPA for all areas in New York Stateby October 15,2009.
Once EPA receives and evaluates yourrecommendation itmay propose modifications to the recommended designations and boundaries. EPA will notify states 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 EPAproposes to New York's original designation recommendation.
Ihave enclosed with this letteradditional guidance to states, local air pollution control agencies and Indian tribes on the time frame and process for designating areas underthe revised lead standard. EPAplans to announce our proposed designations as early as possible, but no laterthan 120 days priorto 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 staffhas already provided this same information on an informal basis to representatives ofthe DepartmentofEnvironmental 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 ofpromulgation ofthe final National Ambient Air Quality Standard. However, EPA has the discretion to extend the deadline up to one year ifthere is insufficient informationto 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 orwhere 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 laterthan October 15,2011. States and Indian tribes will have an opportunity to update theirrecommendations 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, ChiefAir Programs Branch, at 212-637-3706. Sincerely,



# Uy0---v-fLGeorge Pavlou Acting Regional Administrator
Enclosures
Cc: Pete Grannis, Commissioner New York State Department ofEnvironmental Conservation