UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF, A-185 

## DEC 

## 3 0 

## 2008
Eugene Bigboy Sr. Tribal Chairman Bad River Band of Lake Superior Chippewa 1 Maple Street Odanah, Wisconsin 5486 1

Dear Chairman Bigboy:

This letterprovides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA developsrules and policies we take our responsibility to consult with the federally recognized Indian tribes seriouslyand considerwhere these rules or policies may impact tribes and their environments. We want to make surethat we are effectively communicatingwith 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 ozonepollution. Thenew primary ozone standard
was lowered from 0.08 p@s per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted during the past decade in which many ofthe health effects associated with ozone exposurehave been demonstrated at and below the level of the 0.08 ppm standard, which was promulgated in 1997. These includea range of serious respiratory effects and increased premature mortality. EPA also strengthened the secondary 8-hourozone 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 of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA)requires the Governor of each stateto submit to EPA a list of all areas in the state,recommending designationsfor each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designationsis a key step in the process ofproviding the health protectionsthat the CAA mandates. Areas that are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrations of ozone.
EPA doesnot recognize Statedesignation recommendations as applyingto Indian country because States generally have neither the responsibilitynor the authorityfor planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state landsthat border tribal lands and provide relevant information to EPA Recycled/Recyclable Prlnted wlth Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsufrer]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 12,2009with 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 120days 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 section 107(d),(1)(B) of the CAA, we intend to issue final designations by March 12,201 0 (although that deadlinemay be extended up to one additional year if EPA determines that insufficient information is availableto establish designations by that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data 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 staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely, 

# /-

Cheryl L. Newton

zr2RadiationDivision

Enclosure

cc: Lynn Hall Air Specialist PPG Bad River Band of Lake Superior ChippewaUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF' A-18J
Jeffrey Parker President of Executive Council Bay Mills Indian Community 12140West Lakeshore Drive Route #1 Box 3 13 Brimley, Michigan 49715

Dear President Parker:

This letter provides informationon the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozonenational ambient air quality standards (NAAQS). When EPA developsrules and policies we take our responsibility to consult with the federally recognized Indian tribes seriouslyand considerwhere these rules or policies may impact tribes and their environments. We want to make surethat we are effectively communicatingwith you to ensure earlytribal 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 ozonepollution. The new primary ozone standard
was lowered from 0.08 parts per million (ppm) to 0.075ppm based on numerous epidemiological studies conducted during the past decadein which many of the health effects 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 strengthenedthe 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 of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) requires the Governor of each state to submit to EPA a list of all areas in the state,recommending designationsfor each as "attainment," "nonattainment," or "unclassifiable" with respect to the new orrevised standard. Establishing area designations is a key step in the process ofproviding the health protectionsthat the CAA mandates. Areas that are designatedas not attainingthe air quality standardswill be required to adopt plans to reduce ambient concentrations of ozone.

EPA does not recognize State designation recommendationsas applyingto Indian countrybecause States generallyhave neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country.While tribes are not obligatedto participate in the designationsprocess, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designationsof state landsthat border tribal lands and providerelevant informationto EPA

RecycledlRecyclable Pr~nted with Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsurner)

### 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 12,2009with 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 section 107(d),(l)(B) of the CAA, we intend to issue final designations by March 12,2010(although that deadline may be extended up to one additional year if EPA determinesthat insufficient information is available to establish designations by that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainrnent 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 staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 

### 3 12-353-6960. Sincerely,

>.,-



### Cheryl L. 

### Newton 

## + Director Air and Radiation Division

Enclosure

cc: Amanda Bosak Aquatic Biologist Bay Mills Indian CommunityUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO. IL 60604-3590

REPLY TO THE ATTENTION OF A-18J 

## DEC 

## 3 

## 0 2008

Kevin Leecy Chairman Bois Forte Band of Chippewa 5344 Lakeshore Drive Nett Lake, Minnesota 55772

Dear Chairman Leecy:

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules orpolicies may impact tribes and their environments. We want to make surethat 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 ozoneto provide increased protection ofpublic health and welfare from ozonepollution. 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 health effects 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 identicalto the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within oneyear ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) 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 ofproviding the health protections that the CAA 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 responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant informationto EPA RecycledlRecyclable Prlnted wlth Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 12,2009with 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 of intended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. In accordance with section 107(d),(l)(B) ofthe CAA, we intend to issue final designationsby March 12,2010 (although that deadlinemay be extended up to one additional year if EPA determines that insufficient information is available to establish designationsby that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data 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 in a timely manner. If your government is interested in firther discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely, f-7 /

Cheryl L. Newton Director Air and Radiation Division

Enclosure

cc: Darin Steen Environmental Services Manager Bois Forte Band of ChippewaUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590



## DEC 

## 3 0 

## 2008 REPLY TO THE ATTENTION OF: A-18J

Karen Diver Chairwoman Fond du Lac Band of Lake Superior Chippewa 1720 Big Lake Road Cloquet, Minnesota 55720

Dear Chairwoman Diver: This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA developsrules 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 surethat 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 of the health effects 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 ofpromulgationof a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) 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 b'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 CAA mandates. Areas that
aredesignated as not attaining the air quality standards will be required to adopt plans to reduce ambient concentrationsofozone.
EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designationsof state lands that border tribal lands and provide relevant information to EPA

RecycledlRecyclable Prm!ed with Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)

### 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 onthe process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early as possible afterreceipt 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 section 107(d),(l)(B) of the CAA, 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 information is available to establish designations by that date). Our designationswill bebased on the most recent three years of certified, quality assured monitoring data 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 forwardto working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussionsor meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 312-353-6960.
Sincerely, 

# ,m

Cheryl L. Newton 6 

### Director Air and Radiation Division

Enclosure

cc: Wayne Dupuis Environmental Program Manager Fond du Lac Band of Lake Superior ChippewaUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF.
A-18J 

# DEC 3 0 

## 2008 Phillip Shopodock Chairman Forest CountyPotawatomi Community P.O. Box 340 Crandon, Wisconsin 54520

Dear Chairman Shopodock:

This letter provides informationonthe U. S. Environmental Protection Agency's process for designating areas for the 2008 revised ozonenational ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where theserules orpolicies may impact tribes and their environments. We want to make surethat we are effectively communicatingwith you to ensure earlytribal input on the designations process for ozone.

On March 12,2008,the EPA revised the NAAQS for ozoneto provide increased protection of publichealth and welfare from ozone pollution. The new primary ozone standard
was lowered from 0.08parts per million (ppm) to 0.075 ppm based on numerous epidemiological studiesconducted duringthe past decade in which many of the health effects associated with
ozone exposurehave 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 of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act requires the Governor ofeach state to submitto 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 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 applyingto Indian country because Statesgenerally have neither the responsibility nor the authority 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 you to do so. By participating in theprocess, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA Recycled/Recyclable Prmted wlth Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)regarding appropriate designations for tribal lands. If you are interested in participatingin the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendationsthat you make, to EPA by March 12, 2009 with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidanceto 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 designationsas early as possible afterreceipt of the recommendations, but no later than 120days 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 section 107(d),(l)(B) of the CAA, we intend to issue final designations by March 12,2010(although that deadlinemay be extended up to one additional year if EPA determines that insufficient information is availableto establish designations by that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areaswill 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 separatenotice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 3 12-353-6960. Sincerely,

Cheryl 

### L. Newton

e- Director 

# 6 Air and Radiation Division

Enclosure

cc: Elizabeth Rogers Environmental Specialist Forest County Potawatomi CommunityUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF: 

### A-18J 

## DEC 

## 3 0 2008

Norman Deschampe Tribal Chair Grand Portage Band of Chippewa Post Office Box 428 Grand Portage, Minnesota 55605 Dear Tribal Chair Deschampe:

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA developsrules and policies wetake our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules orpolicies 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 health effects 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 therevised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Withn one year ofpromulgation of a new or revised NAAQS, section 1 O7(d)(l)(A) of the Clean Air Act (CAA) requires the Governor of each state to submit to EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainrnent," or "unclassifiable" with respect to thenew or revised standard. Establishing area designations is a key step in theprocess ofproviding the health protections that the CAA 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 Statedesignation recommendations as applying to Indian country because States generally have neither theresponsibilitynor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligatedto participate in the designations process, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA

RecycledlRecyclable 

# . Pr~nted w~th Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)

### regarding appropriate designations for tribal lands. Ifyou are interested in participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for therecommendations that you make, to EPA by March 12,2009with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies on theprocess 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 120days 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 section 107(d), (l)(B) ofthe CAA, we intend to issue final designationsby March 12,201 0 (although that deadline maybe extended up to one additional year if EPA determines that insufficient information is availableto establish designationsby that date). Our designations willbebased on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will use to classifLnonattainment 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 in a timely manner. If your government isinterested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-353-6960. Sincerely, f7

~h 

### Cheryl L. 

### Newton 

# 6 Director Air and Radiation Division

Enclosure

cc: Tod LeGarde Director Environmental Department Grand Portage Band of Chippewa3+.sEo =4** 

### g 

# n g UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF: A-18J 

## DEC 

## 3 

## 0 2008

Derek Bailey Tribal Chairman Grand Traverse Band of Ottawa and Chippewa Indians 2605 North West Bay Shore Drive Peshawbestown, Michigan 49682

Dear Chairman Bailey: This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibilityto 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 communicatingwith 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 ofthehealth effects associatedwith ozone exposure have been demonstrated at'andbelow 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 strengthenedthe 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 1O7(d)(l)(A)of the Clean Air Act (CAA) requires the Governor of each state to submit to EPA a list of all areas in the state, recommending designationsfor each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishingarea designationsis a key step in the process ofproviding the health protectionsthat the CAA mandates. Areas that are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrationsofozone.
EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither theresponsibilitynor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encouragesyou to do so. By participatingin the process, tribes can learn about states' plans to prepare recommendations for designations of state landsthat border tribal lands and provide relevant information to EPA

RecycledlRecyclable Prmted w~th Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 recommendationsthat you make, to EPA by March 12,2009with respect to the revised ozone NAAQS.

The enclosed memorandumprovides 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 announcementofintended designations, states and tribes will have the opportunity to comment on any modifications EPA proposesto their recommendations. 

### In accordancewith section 107(d),(l)(B) ofthe CAA, we intend to issue final designationsby March 12,201 0 (althoughthat deadline may be extended up to one additional year if EPA determinesthat insufficient informationis available to establish designationsby that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data 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 establishedthrough 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 in a timely manner. If your government is interestedin further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 312-353-6960. Sincerely, 

### /-

Cheryl L. Newton 

### d- Director 

# C

# 6 Air and Radiation Division

Enclosure

cc: Susan McSawby Environmental Director Grand Traverse Band of Ottawa and Chippewa IndiansUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF A-18J

Kenneth Meshigaud Tribal Chairperson Hannahville Indian Community N 149

### 11Hannahville B

### 1 Road Wilson, Michigan 49896

Dear Chairperson Meshigaud:

This letterprovides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozonenational ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibilityto consult with the federally recognized Indian tribes seriously and consider where these rules orpolicies may impact tribes and their environments. We want to make surethat we are effectively communicating with you to ensure early tribal input on the designationsprocess for ozone.

On March 12,2008,the EPA revised theNAAQS for ozoneto 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 health effectsassociated with ozone exposurehave been demonstrated at and below the level of the 0.08ppm standard, which
was promulgated in 1997. These include a range of serious respiratory effects and increased prematuremortality. EPA also strengthened the secondary 8-hourozone standard, makingit identical to the revised primary standard, to protect against welfare effects such as impactson vegetation and forested ecosystems.

Within one year ofpromulgation of a new orrevised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) requires the Governor of each stateto submit to EPA a list of all areas in the state,recommending designationsfor each as "attainment," "nonattainment," or ''unclassifiable" with respect to the new or revised standard. Establishing area designationsis a key step in the process of providing the health protections that the CAA mandates. Areas that are designated as not attaining the air quality standards will be required to adoptplans to reduce ambient concentrations ofozone.
EPA doesnot recognize State designation recommendations as applying to hdian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participatein the designationsprocess, EPA invitesand encourages you to do so. By participating in theprocess, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and providerelevant information to EPA

Recycled/Recyclable 

# .Printed with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)regarding appropriate designationsfor 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 ozoneNAAQS.

The enclosed memorandum provides detailed guidance to state,tribal and local air pollution control agencieson the process for designatingareas 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 of intended designations, states and tribes will have the opportunity to comment on any modificationsEPA proposes to their recommendations. In accordance with section 107(d),(l)(B)of the CAA, we intend to issue final designations by March 12,201 0 (althoughthat deadlinemay be extended up to one additional year if EPA determinesthat insufficient information is available to establish designations by that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainmentareas will be classified at the time of designation. The approach EPA will use to classifynonattainment areas under the 2008 revised ozoneNAAQS will be established through a separatenotice-and-comment rulemaking.

We look forward to workingwith you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specificaspects of the designation process, please contact Doug Aburano at 3 12-353-6960.

Cheryl 

### L. Newton A Director 

# 6 Air and Radiation Division

Enclosure

cc: Scott Wieting Environmental Director Hannahville Indian CommunityUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, 11 60604-3590

REPLY TO THE ATTENTION OF
A-18J 

## DEC 

## 3 0 2008
Wilfrid Cleveland President Ho-Chunk Nation of Wisconsin P.O. Box 667 Black River Falls, Wisconsin 5461

### 5

Dear President Cleveland:

This letterprovides information on the U. 

### S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take owresponsibilityto consult with the federally recognized Indian tribes seriouslyand considerwhere these rules or policies may impact tribes and their environments. We want to make sure that we are effectively communicatingwith you to ensure earlytribal 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 fiom 0.08 parts per million (ppm) to 0.075ppm based on numerous epidemiological studies conducted during the past decadein which many ofthe health effects associated with ozone exposurehave been demonstrated at and below the level ofthe 0.08ppm standard, which was promulgated in 1997. These include a range of seriousrespiratory effects and increased premature mortality. EPA also strengthened the secondary 8-hour ozone standard, making it identicalto the revised primary standard, to protect against welfare effects such 

### as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(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 orrevised 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 standardswill be required to adopt plans to reduce ambient concentrations ofozone.

EPA does not recognize Statedesignation recommendations as applying to Indian country because States generallyhave neither the responsibilitynor the authority for planning and regulatory activitiesunder the Clean Air Act in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and providerelevant informationto EPA Recycled/Recyclable 

# .Pr~nted wtth Vegetable 011 Based Inks on 100"0 Recycled Paper (50% Postconsumer)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 12,2009with respect to the revised ozoneNAAQS.

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 announceour 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 ofintended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. 

### In accordance with section 107(d), (l)(B) of the CAA, 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 information is available to establish designations by that date). 

### Our designations will be based on the most recent three years of certified, quality assured monitoring data 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 staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely, ,/,-~

Cheryl 

### L. Newton 

# a- Director Air and Radiation Division

Enclosure

cc: Kevin Gunderson Environmental Specialist Ho-Chunk Nation of Wisconsin3+,+o 

### sw$.. 

# s n UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF: A-18J 

## BEC 

## 3 0 

## 2008

Sharon Teeple Executive Director Inter-Tribal Council of Michigan Inc. 2956 Ashrnun Street Sault Ste Marie, Michigan 49783

Dear Director Teeple: This letter provides informationon the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federallyrecognized 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 communicatingwith you to ensure early tribal input on the designationsprocess 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 health effects associated with ozone exposure have been demonstratedat 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 of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) 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 ofproviding the health protectionsthat the CAA mandates. Areas that are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrationsofozone.
EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligatedto participatein the designationsprocess, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant informationto EPA

RecycledlRecyclable Prmted with Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 12,2009with 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 aspossible after receipt of the recommendations, but no later than 120days 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 section 107(d),(l)(B) of the CAA, 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 information is available to establish designations by that date). Our designations will be based on the most recent 3 years of certified, quality assured monitoring data 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 designationsunder the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions ormeeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 312-3 53-6960. Sincerely,

Cheryl 

### L. Newton ' 

# C6eDirector Air and Radiation Division

Enclosure cc: Dwight Sargent Environmental Services Manager Inter-Tribal Council ofMichiganUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF. A-18J 

## DEC 3 0 

## 2008

Warren C. Swartz Jr. Tribal President Keweenaw Bay Indian Community 16429Beartown Road Baraga, Michigan 49908

Dear President Swartz: This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules 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 ozonepollution. 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 health effects 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 strengthenedthe secondary 8-hour ozone standard, making it identicalto the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) 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 ofproviding the health protections that the CAA 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 responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. By participatingin the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant informationto EPA

Recycled/Recyclable Pr~nted wlth Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)

### 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 12,2009with respect to the revised ozoneNAAQS. The enclosed memorandum provides detailed guidanceto 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 120days 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 section 107(d), (l)(B) ofthe CAA, we intend to issue final designationsby March 12,2010(although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will be based on the most recent 3 years of certified, quality assured monitoring data 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 rulemalung.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 3 12-353-6960. Sincerely,

# /7

Cheryl L. 

### Newton

CY- 

### Director i



# 4 Air and Radiation Division

Enclosure

cc: Char Beesley Environmental Specialist Keweenaw Bay Indian CommunityUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 ' 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF: A-18J

Louis Taylor Chairman Lac Courte Oreilles Band of Lake Superior Chippewa 13394West Trepania Road, Bldg, No. 1 Hayward,Wisconsin 54843 Dear Chairman Taylor: This letter provides information on the U. S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules 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 health effects 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 %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 of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) 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 inthe process ofproviding the health protections that the CAA 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 applyingto Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligatedto participate in the designations process, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA

RecycledlRecyclable

# .Pr~nted w~th Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)regarding appropriate designations for tribal lands. If you are interestedin participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendationsthat you make, to EPA by March 12,2009with 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 designationsas early as possible after receipt ofthe recommendations,but no later than 120days 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 section 107(d),(l)(B) of the CAA, we intend to issue final designationsby March 12,201 0 (althoughthat deadline may be extended up to one additional year if EPA determinesthat insufficient information is available to establish designationsby that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areaswill be classified at the time of designation. The approach EPA will use to classify nonattainment areas under the 2008 revised ozone IVAAQS will be established through a separatenotice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interestedin further discussions ormeeting with EPA officialsabout specific aspects of the designation process, please contact Doug Aburano at 312-353-6960.
Sincerely, 

# ,P

Cheryl L. Newton 

# 9;- Director Air and Radiation Division

Enclosure

cc: Daniel Tyrolt Environmental Director Lac Courte Oreilles Band of Lake SuperiorChippewad,&,<tO 

## s74?6. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

# {&\ REGION 5

.? 77 WEST JACKSON BOULEVARD 

### b &'



### %pRo7"G CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF. A-18J

Carl Edwards Tribal President Lac du Flambeau Band of Lake Superior Chippewa P.O. Box 67 Lac du Flambeau, Wisconsin 54538

Dear President Edwards:

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules orpolicies may impact tribes and their environments. We want to make surethat we are effectively communicating with you to ensure early tribal input on the designations process for ozone.

On March 12,2008,the EPA revised theNAAQS for ozone to provide increased protection ofpublic health and welfare from ozonepollution. Thenew primary ozone standard was lowered fiom 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 health effects 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 oneyear ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) 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 orrevised standard. Establishing area designations is a key step in the process ofproviding thehealth protections that the CAA 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 responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes arenot obligated to participate in the designations process, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state landsthat border tribal lands and provide relevant information to EPA

RecycledlRecyclable

# - Prmted w~th Vegetable 011 Based Inks on 100% Recycled Paper (50%Postconsumer)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 aspossible after receipt ofthe recommendations, but no later than 120days 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 section 107(d),(l)(B) ofthe CAA, we intend to issue final designations by March 12,201 0 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will use to classify nonattainrnent 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 staffto develop area designationsunder the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 312-3 53-6960.
Sincerely, 

# P

Cheryl L. Newton Director C Air and Radiation Division
Enclosure

cc: Dee Mayo Environmental Specialist Lac du Flambeau Band of Lake Superior Chippewa

## DEC 

## 3 

## 0 2008UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF A-18J

James Williams, Jr. Chairman Lac Vieux Desert Band of Lake Superior Chippewa Indians P.O. Box 249 Pow Wow Trail Watersmeet, Michigan 49969

Dear Chairman Williams: This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibilityto consult with the federally recognized Indian tribes seriouslyand consider where these rules or policies may impact tribes and their environments. We want to make surethat we are effectively communicatingwith you to ensure earlytribal input on the designationsprocess 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 of the health effects 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 of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA)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 designationsis a key step in the process of providing the health protectionsthat the CAA mandates. Areas that
are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrations of ozone.
EPA does not recognize Statedesignation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligatedto participate in the designationsprocess, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA Recycled/Recyclable Pr~nted w~th Vegetable 011 Eased Inks on 100% Recycled Paper (50% Postconsurner)regarding appropriate designationsfor tribal lands. If you are interestedin participatingin the designations process, we ask that you provide your designationrecommendations, including appropriate boundaries for the recommendationsthat you make, to EPA by March 12,2009with respect to the revised ozoneNAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies on the process for designating areasunder the 2008 revised ozone standard. We plan to announceour intended designations as early as possible afterreceipt ofthe recommendations,but no later than 120daysprior to promulgatingfinal designations. Following the announcementof intended designations, states and tribes will have the opportunity to comment on any modificationsEPA proposes to their recommendations. 

### In accordancewith section 107(d),(l)(B) of the CAA, we intend to issue final designations by March 12,2010(althoughthat deadlinemay be extended up to one additionalyear if EPA determines that insufficient information is available to establish designationsby that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will use to classifynonattainment areas under the 2008 revised ozoneNAAQS will be established through a separatenotice-and-comment rulemaking.

We look forwardto workingwith you and your staffto develop area designationsunder the 2008 revised ozone standardsin a timelymanner. If your government is interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely,

Cheryl L. Newton Director Air and Radiation Division

Enclosure
cc: George Beck Environmental Director Lac Vieux Desert Band of Lake Superior ChippewaUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF: A-18J 

## DEC 

## 3 0 2008

Arthur LaRose Chairman Leech Lake Band of Ojibwe 11

### 5 Sixth StreetNorth West SuiteE Cass Lake, Minnesota 

### 56633

Dear Chairman LaRose:

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozonenational ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules orpolicies may impact tribes and their environments. We want to make sure that we are effectively communicatingwith 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 health effects 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 oneyear of promulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) requires the Governor ofeach state to submit to EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainment," or b'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 CAA 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 applyingto Indian country because States generallyhave neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country.mle tribes are not obligated to participate in the designations process, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designationsof state lands that border tribal lands and provide relevant information to EPA

RecycledlRecyclable Printed with Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)

### regarding appropriate designations for tribal lands. If you are interested inparticipating 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 aspossible after receipt ofthe 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 section 107(d), (l)(B)ofthe CAA, 

### we intend to issue final designationsby March 12,2010 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will bebased on the most recent three years of certified, quality assured monitoring data 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 staffto develop area designations under the 2008 revised ozone standardsin a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 

### 3 12-353-6960. 

### Sincerely, 

### f7 /



### Cheryl L. Newton Director Air and Radiation Division

Enclosure

cc: Levi Brown Leech Lake Environmental Manager Leech Lake Band of Ojibwe

## OEC 

## 3 0 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF A-18J

Lany Romanelli Tribal Ogema Little River Band of Ottawa 375 River Street Manistee, Michigan 49660

Dear Ogema Romanelli:

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozonenational ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibilityto consult with the federally recognized Indian tribes seriouslyand consider where these rules or policiesmay impact tribes and their environments. We want to make sure that we are effectively communicating with you to ensure earlytribal input on the designati,ons process for ozone.

On March 12,2008,the EPA revised the NAAQS for ozone to provide increased protection ofpublic health and welfare from ozonepollution. The new primary ozone standard
was lowered from 0.08partsper million (ppm) to 0.075 ppm based on numerous epidemiological studiesconducted during the past decadein which many of the health effects associated with ozone exposure havebeen 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 of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requires the Governor of each stateto submitto 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 ofproviding the health protections that the CAA 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 Statedesignation recommendations as applying to Indian country because States generallyhave neither the responsibility nor the authority for planning and regulatory activities under the CAAin Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encourages you to do so: By participating in theprocess, tribes can learn about states' plans to preparerecommendations for designations of state lands that border tribal lands and provide relevant information to EPA

RecycledlRecyclable 

# . Pr~nted wlth Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 recommendationsthat you make, to EPA by March 12,2009with 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 areasunder the 2008 revised ozone standard. Weplan to announce our intended designations as early as possible after receipt of the recommendations, but no later than 120 days prior to promulgatingfinal 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 accordancewith section 107(d),(l)(B) of the CAA, we intend to issue final designations by March 12,2010(althoughthat deadline may be extended up to one additionalyear if EPA determinesthat insufficient information is available to establish designations by that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data available. Ozonenonattainment 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 separatenotice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designationsunder the 2008 revised ozone standardsin a timely manner. If your governmentis interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely, 

# P

Cheryl L. Newton 

## + Director 

# 6 Air and RadiationDivision

Enclosure

cc: Frank Beaver Environmental Director Little River Band of Ottawa

## DEC 

## 3 

## 0 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

Frank Ettawageshik Tribal Chairman Little Traverse Bay Bands of Odawa 7500 Odawa Circle Harbor Springs, Michigan 49740

Dear Chairman Ettawageshik: REPLY TO THE ATTENTION OF: A-18J

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules orpolicies 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 toprovide 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 health effects 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'arange 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 of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) 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 c'unclassifiable"with respect to the new orrevised standard. Establishing area designations is a key step in the process ofproviding the health protections that the CAA mandates. Areas that
are designated as not attainingthe air quality standards will be required to adopt plans to reduce ambient concentrationsof ozone.
EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA

RecycledlRecyclable Printed wlth Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)regarding appropriate designations for tribal lands. If you are interestedin participatingin the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12,2009with respect to the revised ozoneNAAQS.

The enclosed memorandum provides detailed guidanceto state, tribal and local air pollution control agencies on the process for designatingareas under the 2008 revised ozone standard. We plan to announce our intended designationsas early as possible afterreceipt of the recommendations, but no laterthan 120 days prior to promulgating final designations. Following the announcement ofintended designations, states and tribes will have the opportunity to comment on anymodifications EPA proposes to their recommendations. In accordancewith section 107(d),(l)(B) of the CAA, we intend to issue final designationsby March 12,2010(although that deadline may be extended up to one additional year if EPA determines that insufficientinformation is availableto establish designationsby that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will use to classifynonattainment areas under the 2008 revised ozone NAAQS will be established through a separatenotice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designationprocess, please contact Doug Aburano at 312-353-6960. Sincerely, ,/

Cheryl L. Newton & Director 

# ($5 Air and Radiation Division

Enclosure

cc: Rachel Schwarz Environmental Services Director Little Traverse Bay Bands of OdawaUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590



## DEC 

## 3 

## 0 2008 REPLY TO THE ATTENTION OF. A-18J

Jean Stacy President Lower Sioux Indian Community Post Office Box 308 39527 Residential Highway# 1 Morton, Minnesota 56270

Dear President Stacy:

This letterprovides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibilityto consult with the federallyrecognized 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 communicatingwith you to ensure early tribal input on the designationsprocess 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 ofthe health effects 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 prharystandard,to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) 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 ofproviding the health protectionsthat the CAA mandates. Areas that
are designated as not attainingthe air quality standardswill be required to adopt plans to reduce ambient concentrationsof ozone.

EPA does not recognize State designation recommendations as applyingto Indian countrybecause States generally have neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country.While tribes are not obligatedto participate in the designationsprocess, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designationsof state landsthat border tribal lands and providerelevant informationto EPA Recycled/Recyclable ' Pr~nted w~th Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 12,2009with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidanceto 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 section 107(d),(l)(B) of the CAA, 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 information is available to establish designations by that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data 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 in a timely manner. If your government is interested in further discussions ormeeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-353-6960. Sincerely, 

## /7 /

Cheryl L. Newton 6 Director 

# Ct) Air and Radiation Division

Enclosure

cc: Deb Dirlam Acting Director of Environmental Programs Lower Sioux Indian Community

## DEC 3 0 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF A-18J

David 

### K. Sprague Chairman Match-e-be-nash-she-wishBand of Pottawatomi 1743 l42nd Avenue, Suite 6 P.O. Box 218 Dorr, Michigan 49323

Dear Chairman Sprague: This letter provides informationon the U. S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and pol.icieswe take our responsibility to consult with the federally recognized Indian tribes seriously and consider wherethese rules orpolicies 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 designationsprocess 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 stand&d 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 health effects associated with ozone exposure have been demonstratedat 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 oneyear ofpromulgationof a new orrevisedNAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) 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 orrevised standard. Establishing area designationsis a key step in the process of providing the health protectionsthat the CAA mandates. Areas that
are designated as not attaining the air quality standards will be required to adoptplans to reduce ambient concentrationsof ozone.
EPA does not recognize State designation recommendationsas applyingto Indian country because States generally have neither the responsibilitynor the authority forplanning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and providerelevant information to EPA RecycledIRecyclable Printed with Vegetable 011 Based Inks on 10096 Recycled Paper (50% Postconsumer)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 12,2009with respect to the revised ozoneNAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies onthe 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 120days 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 section 107(d),(l)(B) ofthe CAA, we intend to issue final designations by March 12,201 0 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will bebased on the most recent three years of certified, quality assured monitoring data 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 staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions ormeeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 312-353-6960. Sincerely, 

# , /7

Cheryl 

### L. Newton d- Director 

# & Air and Radiation Division

Enclosure

cc: Elizabeth Binoniemi-Smith Environmental Manager 

### Match-e-be-nash-she-wish Band of Pottawatomi

## DEC 

## 3 0 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF A-18J

Lisa Waukau Chairperson Menominee Indian Tribe of Wisconsin P.O. Box 9 10 Keshena, Wisconsin 5413 

### 5

Dear ChairpersonWaukau:

This letter provides informationon the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozonenational ambient air quality standards (NAAQS). When EPA developsrules and policies we take our responsibility to consult with the federallyrecognized Indian tribes seriouslyand consider where theserules or policies may impact tribes and their environments. We want to make surethat we are effectively communicating with you to ensure earlytribal input on the designationsprocess for ozone.
On March 12,2008,the EPA revised the NAAQS for ozone to provideincreased protection of public health and welfare from ozonepollution. The new primary ozone standard
was lowered from 0.08 parts per million (ppm) to 0.075 ppm based on numerous epidemiological studiesconducted during the past decade in which many of the health effects associated with
ozone exposurehave 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 of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) requires the Governor of each stateto submit to EPA a list of all areas in the state,recommending designationsfor each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishingarea designationsis a key step in the process ofproviding the health protections that the CAA mandates. Areas that are designated as not attainingthe air quality standards will be required to adoptplans to reduce ambient concentrations of ozone.

EPA does not recognize State designation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state landsthat border tribal lands and provide relevant information to EPA

Recycled/Recyclable Pr~nted w~th Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 12,2009with respect to the revised ozoneNAAQS.

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. Weplan to announce our intended designations as early as possible after receipt of the recommendations, but no later than 120days 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 accordancewith section 107(d), (l)(B) of the CAA, 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 information is available to establish designations by that date). Our designations will be based onthe most recent three years of certified, quality assured monitoring data 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 ozoneNAAQS will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely, 

# /"---'

Cheryl 

### L. Newton ph Director 

# 6 Air and Radiation Division

Enclosure

cc: Gary Schuettpelz Environmental Specialist Menominee Indian Tribe ofWisconsinUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF A-18J 

## DEC 

## 3 

## 0 2008
Herbert Weyaus Sr. Chief Executive Mille Lacs Band of Ojibwe 43408 Oodena Drive Onamia, Minnesota 56359
Dear Chief Executive Weyaus:

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules 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 ozoneto provide increased protection ofpublic health and welfare from ozonepollution. The new primary ozone standard was lowered fiom 0.08 parts per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted during thepast decade in which many ofthe health effects 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 oneyear ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) 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 theprocess ofproviding the health protections that the CAA 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 countrybecause States generally have neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA Recycled/Recyclable 

# . Printed with Vegetable 011 Based Inks on 10O06 Recycled Paper (50"~ Postconsumer)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 12,2009with 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 120days 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 section 107(d), (l)(B) ofthe CAA, 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 information is available to establish designations by that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time of designation. The approach EPA will use to classifjr nonattainrnent areas under the 2008 revised ozoneNAAQS will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-3 53-6960.
Sincerely, ),-

Cheryl L. Newton 

### &--Director Air and Radiation Division

Enclosure

cc: Scott Hansen Environmental Manager Mille Lacs Band of OjibweUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF 

### A-18J 

## DEC 

## 3 0 2008

Laura Spurr Chairperson Nottawaseppi Huron Band ofPotawatomi 222 

### 1 1!h 

### Mile Road Fulton, Michigan 49052

Dear Chairperson Spurr:

This letter provides informationon the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozonenational ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tibes seriously and considerwhere these rules or policies may impact tribes and their environments. We want to make surethat we are effectively communicating with you to ensure earlytibal input on the designationsprocess for ozone.

On March 12,2008,the EPA revised the NAAQS for ozoneto 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 studiesconducted duringthe past decade in which many of the health effects associated with ozone exposurehave 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 prematuremortality. EPA also strengthenedthe 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 of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requires the Governor of each stateto submitto EPA a list of all areas in the state, recommendingdesignationsfor 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 CAA mandates. Areas that
are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrations of ozone.
EPA doesnot recognize State designation recommendations as applyingto Indian countrybecause States generallyhave neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tibes are not obligated to participate in the designationsprocess, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designationsof state landsthat border tribal lands and provide relevant informationto EPA Recycled/Recyclable

# .Pr'nted w~th Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provideyour designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12,2009with respect to the revised ozoneNAAQS.

The enclosed memorandumprovides detailed guidanceto 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 designationsas early as possible afterreceipt ofthe recommendations, but no later than 120days prior to promulgating final designations. Following the announcement of intended designations, states and tribes will have the opportunity to comment on any modificationsEPA proposes to their recommendations. In accordancewith section 107(d),(l)(B) of the CAA, we intend to issue final designationsby March 12,201 0 (althoughthat deadline may be extended up to one additional year ifEPA determinesthat insufficient information is availableto establish designations by that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data available. Ozonenonattainment areas will be classified at the time of designation. The approach EPA will use to classify nonattainment areasunder the 2008 revised ozoneNAAQS will be established through a separatenotice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designationsunder the 2008 revised ozone standards in a timely manner. If your government is interested in hrther discussionsor meeting with EPA officialsabout specificaspects ofthe designationprocess, please contact Doug Aburano at 312-353-6960.


## i

# f7 Sincerely, 

## ' I

Cheryl 

### L. Newton 

### 6 Director 

# 4 Air and Radiation Division

Enclosure

cc: David Jones Environmental Director Nottawaseppi Huron Band ofPotawatomiUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF: A-18J

Richard Hill Chairman Oneida Tribe of Indians of Wisconsin P.O. Box 365 Oneida, Wisconsin 54155

Dear ChairmanHill: This letter provides informationon the U.S. Environmental ProtectionAgency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibilityto 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 surethat we are effectively communicatingwith you to ensure early tribal input onthe designationsprocess for ozone.

On March 12,2008,the EPA revised the NAAQS for ozone to provide increased protection ofpublic health and welfare from ozone pollution. Thenew 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 decadein which many ofthehealth effects 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 identicalto the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requires the Governor of each state to submitto EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainrnent," or "unclassifiable" with respect to the new or revised standard. Establishingarea designationsis a key step in the process ofproviding the health protectionsthat the CAA mandates. Areas that are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrationsofozone.
EPA does not recognize State designation recommendationsas applying to Indian country because States generally have neither the responsibilitynor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state landsthat border tribal lands and providerelevant informationto EPA RecycledlRecyclable Pr~nted with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)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 120daysprior 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 section 107(d),(l)(B)ofthe CAA, we intend to issue final designationsby March 12,201 0 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designationsby that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data 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-commentrulemaking. We look forward to working with you and your staff to develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions ormeeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely, i -1

Cheryl L. Newton
ct.c Director 

# 6 Air and Radiation Division

Enclosure

cc: Lisa Miotke Environmental Specialist Oneida Tribe of Indians ofWisconsin

## DEC 

## 3 0 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF A-18J

John Miller Tribal Chairman Pokagon Band ofPotawatomi P.O. Box 180 58620 Sink Road Dowagiac, Michigan 49047

Dear Chairman Miller:

This letterprovides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozonenational ambient air quality standards (NAAQS). When EPA develops rules 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 communicatingwith you to ensure earlytribal input on the designationsprocess for ozone.
On March 12,2008,the EPA revised the NAAQS for ozoneto provide increased protection of publichealth and welfare from ozonepollution. Thenew 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 health effects associated with
ozone exposurehave 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 ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requires the Governor of each state to submit to EPA a list of all areas in the state,recommendingdesignationsfor each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designationsis a key step in the process ofproviding thehealth protections that the CAA 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 Statedesignation recommendations as applying to Indian country because Statesgenerally have neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of statelands that border tribal lands and provide relevant informationto EPA Recycled/Recyclable Prtnted wlth Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 12,2009with respect to the revised ozone NAAQS. The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies onthe 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 section 107(d), (l)(B)ofthe CAA, we intend to issue final designations by March 12,201 0 (althoughthat deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will be based on the most recent 3 years ofcertified, quality assured monitoring data 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 separatenotice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government isinterested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 

### 3 12-353-6960. Sincerely, 

### /'--'

Cheryl 

### L. Newton Director 

# 6 Air and Radiation Division

Enclosure

cc: Mark Parish Environmental Coordinator Pokagon Band ofPotawatomi

## DEC 

## 3 

## 0 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF. A-18J

Ron Johnson President Prairie Island Indian Community 5636 Sturgeon Lake Road Welch, Minnesota 55089

Dear President Johnson: This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA deve1op.srules and policies we take our responsibilityto 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 communicatingwith you to ensure earlytribal input on the designations process for ozone.
On March 12,2008,the EPA revised theNAAQS for ozone to provide increased protection of public health and welfare from ozonepollution. 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 health effects 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 of promulgation of a new or revisedNAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requires the Governorof 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 designationsis a key step in theprocess ofproviding the health protectionsthat the CAA mandates. Areas that are designated as not attaining the air quality standardswill be required to adoptplans to reduce ambient concentrationsofozone.
EPA does not recognize State designation recommendations

### as applyingto Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participatein the designations process, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA

RecycledlRecyclable Pr~nted w~th Vegetable 011 Based Inks on 100% Recycled Paper (5096 Postconsurner)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 recommendationsthat you make, to EPA by March 12,2009with respect to the revised ozone NAAQS.

The enclosed memorandum provides detailed guidanceto 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 of intended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. In accordancewith section 107(d),(l)(B) of the CAA, we intend to issue final designationsby March 12,201 0 (althoughthat deadline maybe extended up to one additional year if EPA determines that insufficient informationis available to establish designations by that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areaswill be classified at the time of designation. The approach EPA will use to classify nonattainment areas under the 2008 revised ozone NAAQS will be establishedthrough a separatenotice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designationsunder the 2008 revised ozone standards in a timely manner. If your governmentis interested in fiuther discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely, 

## fl\

Cheryl L. Newton 6Director 

# di Air and Radiation Division

Enclosure

cc: Brad Frazier Environmental Specialist Prairie Island Indian CommunityUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590



## DEC 

## 3 

# O 2008 REPLY TO THE ATTENTION OF A-18J

Rose Gurnoe Chairwoman Red CliffBand of Lake Superior Chippewa 88385 Pike Road, Highway 13 Bayfield, Wisconsin 548 14

Dear Chairwoman Gurnoe: This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federallyrecognized Indian tribes seriously and consider where these rules orpolicies may impact tribes and their environments. We want to make surethat we are effectively communicatingwith 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 0.075ppm based on numerous epidemiological studies conducted during the past decade in which many ofthe health effects associatedwith ozone exposure have been demonstratedat and below the level ofthe 0.08 ppm standard,which
was promulgated in 1997. These include a range of serious respiratory effects and increased prematuremortality. EPA also strengthenedthe 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 ofpromulgationof a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requiresthe 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 designationsis a key step in the process ofproviding the health protectionsthat the CAA mandates. Areas that
are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrations of ozone.

EPA does not recognize State designation recommendationsas applying to Indian country because States generally have neithertheresponsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participatein the designationsprocess, EPA invites and encouragesyou to do so. By participatingin the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA

RecycledlRecyclable Prmted wlth Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)regarding appropriate designations for tribal lands. If you are interested in participating in the designationsprocess, we ask that you provide your designation recommendations, including appropriateboundaries for the recommendationsthat you make, to EPA by March 12,2009with respect to the revised ozone NAAQS.

The enclosedmemorandum provides detailed guidanceto state,tribal and local air pollution control agencies on the process for designating areasunder the 2008 revised ozone standard. We plan to announce our intended designations as early as possible after receipt ofthe recommendations,but no later than 120days prior to promulgatingfinal designations. Following the announcement of intbded designations, states and tribes will have the opportunity to comment on any modificationsEPA proposes to their recommendations. In accordance with section 107(d),(l)(B) of the CAA, we intend to issue final designations by March 12,201 0 (althoughthat deadline may be extendedup to one additionalyear if EPA determines that insufficient informationis availableto establish designationsby that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data available. Ozone nonattainment areaswill be classified at the time of designation. The approach EPA will use to classifynonattainment areas under the 2008 revised ozone NAAQS will be established through a separatenotice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussionsor meetingwith EPA officialsabout specific aspects ofthe designation process, please contact Doug Aburano at 312-353-6960.

Cheryl L. Newton Director Air and RadiationDivision

Enclosure
cc: Tracey Ledder Environmental Specialist Red CliffBand ofLake Superior Chippewa

## DEC 

## 3 0 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

Floyd Jourdain Jr. Chairman Red Lake Band of Chippewa Post Office Box 341 Red Lake, Minnesota 5667 1

Dear Chairman Jourdain: REPLY TO THE ATTENTION OF: A-18J

This letter provides informationon the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA developsrules 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 provideincreased protection ofpublic health and welfare from ozonepollution. The new primary ozone standard
was lowered from 0.08 partsper million (ppm) to 0.075ppm based on numerous epidemiological studiesconducted during the past decadein which many ofthe health effects associated with ozone exposurehave been demonstrated at and below the level of the 0.08 ppm standard, which
was promulgated in 1997. These include arange of seriousrespiratory effects and increased premature mortality. EPA also strengthenedthe 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 of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) requires the Governor of each stateto submit to EPA a list of all areas in the state,recommending designationsfor each as "attainment," "nonattainment," or b'unclassifiable"with respect to the new or revised standard. Establishing area designationsis a key step in the process ofproviding the health protections that the CAA 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 applyingto Indian country because Statesgenerallyhave neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligatedto participatein the designations process, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant informationto EPA

Recycled/Recyclable 

# .Printed with Vegetable Oil Based Inks on 10096 Recycled Paper (50% Postconsumer)regarding appropriate designations for tribal lands. If you are interestedin participating in the designations process, we ask that you provide your designation recommendations, including appropriate boundaries forthe recommendations that you make, to EPA by March 12,2009with 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 aspossible after receipt ofthe 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 section 107(d),(l)(B) of the CAA, we intend to issue final designationsby March 12,2010(although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designationsbythat date). Our designations willbe based on the most recent three years of certified, quality assured monitoring data 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 in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 312-353-6960. Sincerely, n

Cheryl 

### L. Newton Director Air and Radiation Division

Enclosure

cc: Ken McBride Environmental Programs Director Red Lake Band of Chippewa

## s74*. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 2-$ REGION 5 

# as!

77 WEST JACKSON BOULEVARD % d'

%( m~kG CHICAGO, IL 60604-3590



## DEC 

## 3 

## 0 2008 REPLY TO THE ATTENTION OF: A-18J

Federico Cantu Chief Saginaw Chippewa Indian Tribe of Michigan 7070 East Broadway Road Mt. Pleasant, Michigan 48858

Dear ChiefCantu:

This letterprovides informationon the U. S. Environmental Protection Agency's process for designatingareas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA developsrules 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 surethat we are effectively communicatingwith you to ensure early tribal input on the designations process for ozone.

On March 12,2008,the EPA revised theNAAQS 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 of thehealth effects associated with ozone exposure havebeen 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 prematuremortality. 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 oneyear ofpromulgation of a new orrevised NAAQS, section 1 O7(d)(l)(A) of the Clean Air Act (CAA) requires the Governor of each state to submit to EPA a list of all areas in the state, recommending designationsfor 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 providingthe health protectionsthat the CAA mandates. Areas that
are designated as not attaining the air quality standardswill be required to adoptplans to reduce ambient concentrations ofozone.
EPA does not recognize Statedesignationrecommendations as applyingto Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participatein the designationsprocess, EPA invites and encourages you to do so. By participatingin the process, tribes can learn about states' plans to prepare recommendations for designations of state landsthat border tribal lands and provide relevant information to EPA

RecycledlRecyclable Printed wlth Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)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 12,2009with respect to the revised ozoneNAAQS. 

### -

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. Weplan to announce our intended designations as early as possible after receipt ofthe recommendations, but no laterthan 120daysprior 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 section 107(d),(l)(B) ofthe CAA, 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 information is available to establish designations by that date). Our designations will bebased on the most recent three years of certified, quality assured monitoring data 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 ozoneNAAQS will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designationsunder the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions ormeeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 312-3 53-6960.

Cheryl 

### L. Newton 6 Director 

# 6 Air and Radiation Division

Enclosure
cc: Sally Kniffen Environmental Specialist Saginaw Chippewa Indian Tribe ofMichiganUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590



## DEC 

## 3 0 2008 REPLY TO THE ATTENTION OF: A-18J

Darwin "Joe" McCoy Tribal Chairman Sault Ste. Marie Tribe of Chippewa Indians ofMichigan 23 Ashmun Street Sault Ste. Marie, Michigan 49783

Dear Chairman McCoy: This letter provides information on the U.S. Environmental Protection~~enc~'s proces for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules 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. Thenew primary ozone standard
was lowered from 0.08 parts per million (ppm) to 0.075ppm based on numerous epidemiological studies conducted during thepast decade in which many of thehealth effects 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 therevised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d.)(l)(A)of the Clean Air Act (CAA) 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 designationsis a

. key step in the process of providing the health protectionsthat the CAA mandates. Areas that are designated as not attaining the air quality standardswill be required to adoptplans to reduce ambient concentrations of ozone.

EPA does not recognize State designation recommendationsas applying to Indian country because States generally have neither the responsibilitynor the authority for planning and regulatory activities under the CAA in Indian country. While tribes arenot obligated to participate in the designations process, EPA invites and encouragesyou to do so. By participatingin the process, tribes can learn about states' plans to prepare recommendationsfor designations of state lands that border tribal lands and providerelevant information to EPA

Recycled/Recyclable

# - Printed with Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 recommendationsthat you make, to EPA by March 12,2009with respect to the revised ozoneNAAQS. 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 section 107(d), (l)(B) ofthe CAA, we intend to issue final designationsby March 12,201 0 (although that deadlinemay be extendedup to one additionalyear ifEPA determines that insufficient information is availableto establish designations by that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data 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 staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your governmentis interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-353-6960.
Sincerely, 

# P

Cheryl 

### L. Newton

Air and Radiation Division

Enclosure

cc: Dan Tadgerson Environmental Director Sault Ste. Marie Tribe of Chippewa Indians ofMichigan

# DEC 3 0 

## 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

Stanley Crooks Chairman ShakopeeMdewakanton Sioux Community 2330 Sioux TrailNW Prior Lake, Minnesota 55372

Dear Chairman Crooks: REPLY TO THE ATTENTION OF: A-18J

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA developsrules and policies we take our responsibilityto 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 communicatingwith you to ensure early tribal input on the designationsprocess 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 of the health effects associatedwith 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 prematuremortality. 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 of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA)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. Establishingarea designations is a key step in the process of providing the health protectionsthat the CAA mandates. Areas that
are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrationsof ozone.
EPA does not recognize State designation recommendationsas applying to Indian country because States generally have neitherthe responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encouragesyou to do so. By participatingin theprocess, tribes can learn about states' plans to prepare recommendationsfor designationsof state lands that border tribal lands and provide relevant information to EPA regarding appropriate designationsfortribal lands. If you are interested in participating in the RecycledlRecyclable Pr~nted w~lh Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12,2009with 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 of intended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. In accordance with section 107(d), (l)(B) of the CAA, we intend to issue final designations by March 12,201 0 (although that deadline maybe extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data 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 staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in hrther discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 3 12-353-6960. Sincerely,

Cheryl L. Newton Director Air and Radiation Division

Enclosure

cc: Stanley Ellison Director Lands Department ShakopeeMdewakanton Sioux CommunityUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

Arlyn Ackley Chairman Sokaogon Chippewa Community 305 1 Sand Lake Road Crandon, Wisconsin 54520

Dear Chairman Ackley: REPLY TO THE ATTENTION OF: A-18J

This letter provides information on the U.S. Environmental ProtectionAgency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take ourresponsibility to consult with the federally recognized Indiantribes seriously and consider where these rules or policies may impact tribes and their environments. We want to make surethat we are effectively communicating with you to ensure earlytribal input on the designations process for ozone.
On March 12,2008, the EPA revised theNAAQS 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 health effects 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 seriousrespiratory effects and increased prematuremortality. EPA also strengthened the secondary 8-hourozone standard,makingit identical to the revised primary standard, to protect against welfare effects such as impacts on vegetation and.forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requires the Governorof each stateto 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. Establishingarea designationsis a key step in the process ofprovidingthe health protections that the CAA mandates. Areas that
are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrations ofozone.
EPA does not recognize Statedesignation recommendations as applying to Indian countrybecause Statesgenerally have neither the responsibility nor the authorityfor planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA

Recycled/Recyclable Pr~nted w~th Vegetable 011 Based Inks on 100% Recycled Paper (5096 Postconsumer)regarding appropriatedesignations for tribal lands. If you are interested in participatingin the designations process, we ask that you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by March 12,2009with respect to the revised ozoneNAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air pollution control agencies on the process for designating areasunder 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. Followingthe announcement ofintended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to theirrecommendations. In accordance with section 107(d),(l)(B) of the CAA, we intend to issue final designationsby March 12,201 0 (althoughthat deadline may be extended up to one additional year ifEPA determines that insufficient information is available to establish designationsby that date). 

### Our designationswill be based on the most recent three years of certified, quality assuredmonitoring data available. Ozonenonattainment areas will be classified at the time of designation. The approach EPA will use to classify nonattainment areasunder the 2008 revised ozoneNAAQS will be established through a separatenotice-and-commentrulemaking.

We look forward to working with you and your staffto develop area designationsunder the 2008 revised ozone standards in a timely manner. If your governmentis interested in further discussions or meeting with EPA officialsabout specific aspects ofthe designation process, please contact DougAburano at 312-353-6960.
Sincerely, 

# n

Cheryl 

### L. Newton Director Air and Radiation Division

Enclosure

cc: Tina 

### L. Van Zile Environmental Director Sokaogon Chippewa Community

# DEC 3 

## 0 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF A-18J

Hazel Hindsley Chairwoman St. Croix Chippewa Indians of Wisconsin 24663 AngelineAvenue Webster, Wisconsin 54893 Dear Chairwoman Hindsley:

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules 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 earlytribal 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 ozonepollution. The new primary ozone standard
was lowered from 0.08 parts per million (ppm)to 0.075ppm based on numerous epidemiological studies conducted during the past decade in which many ofthe health effectsassociated 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 seriousrespiratory effects and increased premature mortality. EPA also strengthened the secondary 8-hour ozone standard, makingit identical to the revised primary standard, to protect against welfare effects such 

### as impacts on vegetation and forested ecosystems.

Within one year ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) 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 designationsis a key step in the process of providing the health protections that the CAA mandates. Areas that are designated asnot attainingthe air quality standardswill be required to adopt plans to reduce ambient concentrations of ozone.

EPA does not recognize Statedesignation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activitiesunder the CAA in Indian country.While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designationsof statelands thatborder tribal lands and provide relevant information to EPA

RecycledlRecyclable Printed with Vegetable Oil Based Inks on 10096 Recycled Paper (50% Postconsumer)regarding appropriate designations for tribal lands. Ifyou 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 12,2009with 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 aspossible after receipt ofthe recommendations, but no later than 120days 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 section 107(d), (l)(B)ofthe CAA, we intend to issue final designations by March 12,201 0 (although that deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will bebased on the most recent three years of certified, quality assured monitoring data 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 separatenotice-and-comment rulemaking.

Welook forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. Ifyour government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 3 12-353-6960. Sincerely, 

# r

Cheryl 

### L. Newton Director Air and Radiation Division

Enclosure

cc: Katie Stariah Environmental Specialist St. Croix Chippewa Indians ofWisconsinUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF, A-18J 

## DEC 

## 3 

# O 2008

Robert Chicks President Stockbridge Munsee Community N8476 Mo He Con Nuck Road Bowler, Wisconsin 54416

Dear President Chicks: This letter provides informationon the U. S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibilityto consult with the federally recognized Indian tribes seriouslyand consider where these rules orpolicies may impact tribes and their environments. We want to make surethat we are effectively communicatingwith 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 0.08parts per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with
ozone exposurehave 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 prematuremortality. 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 ofpromulgationof a new or revised NAAQS, section 1 O7(d)(l)(A)of the Clean Air Act (CAA) requires the Governorof 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 theprocess of providing the health protectionsthat the CAA mandates. Areas that
are designated as not attaining the air quality standardswill be required to adopt plans to reduce ambient concentrationsofozone.

EPA does not recognize State designation recommendationsas applyingto Lndian country because States generally have neitherthe responsibilitynor the authority for planning and regulatory activitiesunder the CAA in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encouragesyou to do so. By participating in the process, tribes can learn about states' plans to prepare recommendations for designations of state landsthat border tribal lands and provide relevant informationto EPA '
Recycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)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 12,2009with respect to the revised ozoneNAAQS.

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 ofintended designations, states and tribes will have the opportunity to comment on anymodifications EPA proposes to their recommendations. 

### In accordance with section 107(d),(l)(B) ofthe CAA, we intend to issue final designations by March 12,201 0 (althoughthat deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designationsby that date). Our designations will be based on the most recent three years of certified, quality assured monitoring data 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 ozoneNAAQS will be established through a separate notice-and-comment rulemaking.
We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 3 12-353-6960. Sincerely, 

# /7

Cheryl L. Newton 

# ~6- z:","zRadiation Division

Enclosure

cc: Greg Bunker Environmental Specialist Stockbridge Munsee Community

## DEC 3 0 

## 2008 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF:

A-18J

Kevin Jensvold Chairman Upper Sioux Community Post Office Box 147 Granite Falls, Minnesota 56241

Dear Chairman Jensvold:

This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies we take our responsibility to consult with the federally recognized Indian tribes seriously and consider where these rules orpolicies 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 theNAAQS for ozone to provide increased protection ofpublic health and welfare from ozonepollution. The new primary ozone standard was lowered from 0.08park per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted during thepast decade in which many ofthe health effects associated with ozone exposure have been demonstrated at and below the level ofthe 0.08 ppm standard, which
was promu1gate.din 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 therevised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within oneyear ofpromulgation of a new or revised NAAQS, section 107(d)(l)(A) of the Clean Air Act (CAA) 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 thenew or revised standard. Establishing area designations is a key step in the process ofproviding the health protections that the CAA mandates. Areas that are designated asnot attaining the air quality standards will be required to adopt plans to reduce ambient concentrations ofozone. EPA does not recognize Statedesignation recommendations as applying to Indian country because States generally have neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. By participating in theprocess, tribes can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA

Recycled/Recyclable Prmted w~th Vegetable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 recommendationsthat you make, to EPA by March 12,2009with 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 section 107(d),(l)(B) of the CAA, we intend to issue final designations by March 12,2010(althoughthat deadline may be extended up to one additional year if EPA determines that insufficient informationis availableto establish designations by that date). Our designationswill be based on the most recent three years of certified, quality assured monitoring data 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 in a timely manner. If your governmentis interested in further discussionsor meeting with EPA officials about specific aspects ofthe designation process, please contact Doug Aburano at 312-353-6960.
Sincerely, ,/ 

## ?

Cheryl 

### L. Newton Director Air and Radiation Division

Enclosure

cc: Dallas Ross Environmental Director Upper Sioux CommunityUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590



## DEC 

## 3 0 2008 REPLY TO THE ATTENTION OF A-18J

Erma Vizenor Chairwoman White Earth Band of Chippewa 24246 Crane Road Post Office Box 41 8 White Earth, Minnesota 56591

Dear Chairwoman Vizenor: This letter provides information on the U.S. Environmental Protection Agency's process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules 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 earlytribal 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 fiom ozone pollution. Thenew primary ozone standard
was lowered fiom 0.08 parts per million (ppm) to 0.075 ppm based on numerous epidemiological studies conducted during the past decade in which many ofthe health effects associated with ozone exposurehave 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 ofpromulgation of a new orrevised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requires the Governor of each stateto 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 ofproviding the health protections that the CAA 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 responsibility nor the authority for planning and regulatory activities under the CAA in Indian country. While tribes are not obligated to participate in the designationsprocess, EPA invites and encourages you to do so. By participating in the process, tribes 

### can learn about states' plans to prepare recommendations for designations of state lands that border tribal lands and provide relevant information to EPA

Recycled/Recyclable 

# . Prmted w~th Vegelable 011 Based Inks on 100% Recycled Paper (50% Postconsumer)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 aspossible after receipt ofthe 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 section 107(d),(l)(B) of the CAA, we intend to issue final designations by March 12, 2010 (althoughthat deadline may be extended up to one additional year if EPA determines that insufficient information is available to establish designations by that date). Our designations will bebased on the most recent three years of certified, quality assured monitoring data 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 ozoneNAAQS will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staffto develop area designations under the 2008 revised ozone standards in a timely manner. If your government is interested in further discussions or meeting with EPA officials about specific aspects of the designation process, please contact Doug Aburano at 312-3 53-6960.
Sincerely, 

## /-' 

# &Erz.fo;. Newton
Air and Radiation Division

Enclosure

cc: Monica Hedstrom Environmental Manager White Earth Band of Chippewa- *r

UNiTED STATES ENVIRONMENTALPROTECTIONAGENCY WASHINGTON, D.C. 20460



## DEC

# -4 

# 2008 OFFICE OF AIR 4ND RADIATION

SUBJECT: Area Designations for the 2008 Revised Ozone National Ambient Air Quality Standards

FROM: Robert J. Meyers Principal

TO: Regional Administrators, Regions I-X

This memorandum provides information on the timeline for designating areas for the purpose ofimplementing the 2008 revised primary and secondary ozone National Ambient Air Quality Standards (NAAQS). In addition. this memorandum identities important factors states and tribes should consider in making recommendations for area designations. Please share this information with the state and tribal agencies in your Region.

The U.S. Environmental Protection Agency (EPA)revised the ozone NAAQS on March 12,2008 (73

### FR 16436;March 27,2008). The new primary ozone standard was lowered from 0.08 parts per million (ppm) to a level of0.075 ppm based on numerous epidemiological studies conducted during the past decade in which many ofthe health effects associated with ozone exposure were identified. These studies showed health effects at and below the level ofthe 0.08 ppm standard, which was promulgated in 1997. Prolonged (i.e., 8-hour) exposure to ozone is associated with increased mortality and a range of serious morbidity health effects, including aggravation of a variety of respiratory symptoms and lung impairment, asthma attacks, respiratory hospital admissions and emergency department visits, and cardiovascular problems. In March 2008, EPA also strengthened the secondary ozone standard to provide increased protection against adverse public welfare effects including impacts on vegetation and forested ecosystems. EPA made the sccondary standard identical in all respects to thc revised primary standard.

Section 107(d)ofthe Clean Air Act (CAA) governs the process for area designations following the establishment ofnew orrevised NAAQS. Under section 107(d),states are required to submit recommendations on designations for their areas to EPA not later than one year after the promulgation of a new or revised standard. If, after careful consideration ofthe recommendations. EPA intends to promulgate a designation that deviates from a state recommendation, EPA must notify the state at least 120days prior to promulgating the final designation, and EPA must provide the state an opportunity to demonstrate why the potentialmodification is inappropriate. The CAA requires EPA to complete the designation process within two years of promulgation of a new or revised NAAQS unless the Administrator has insufficient information to make these decisions. In such a case, EPA may take up to an additionalyear to make the designations. While the language of section 107 specifically addresses states, EPA intends to follow the same process for tribes to the extent practicable, pursuant to section 301(d) of the CAA and the Tribal Authority Rule, or TAR (see 63 FR 7254). Accordingly, state designation recommendationsfor the 2008 revised ozone standards should be submitted to the Administrator no later than March 12,2009. Areas should be identified as attainment, nonattainrnent, or unclassifiable on the basis of available information. We will notify states by letter no later than November 12,2009 if we plan to modify a state's recommendation. In order to consider public input in the designation process, we plan to provide
a 30-day public comment period immediately following issuance of EPA's response letters to the states and tribes; we anticipate the comment period would conclude in mid-December 2009. If a state or tribe has additional information that they want EPA to consider with respect to a designation recommendation EPA plans to modify, we would request such information be submitted by January 12,2010. This will ensure that EPA can fully consider any such informationas we move forward to issue designations by March 12, 20 10. Because the 2008 revised primary and secondary ozone NAAQS are identical, EPA expects that each area will have the same designation and boundary for both standards.

We recommend that states and tribes identify violating areas using the most recent three consecutive years of quality-assured, certified air quality data. In most cases, we expect these to be data from 2005-2007 or 2006-2008 (if these 2006-2008 data have been certified more quickly than is required) that are stored in the EPA Air Quality System (AQS).1 In general, violations
are identified using data from Federal reference method (FRM) and Federal equivalent method (FEM) monitors that are sited and operated in accordance with 40 CFR Part 58. Special Purpose Monitors (SPM) using an FRM or FEM which have operated for more than 24 months are eligible for comparison to the relevant NAAQS, subjectto the requirements given in the October 17,2006 Revision to Ambient Air Monitoring Regulations (71 FR 61236). Procedures for using the air quality data to determine whether a violation has occurred are given in 40 CFR Part 50 Appendix P, as revised on March 27,2008 (73 FR 1651 1). We expect to base the final designations in March 20 10on the most recent quality-assured data which would be from 2006- 2008 or 2007-2009.

Air quality monitoring data affected by exceptional events may be excluded from use in identifyinga violation ifthey meet the criteria for exclusion, as specified in the Final Rule on the Treatment of Data Influenced by Exceptional Events (72 FR 13560;March 22,2007). We recently issued a direct final rule to provide schedules for flagging exceptional event data and submitting documentation specifioally for ozone data collected from 2005 through 2009 that are used in the designations process for the 2008 ozone NAAQS. (See 73 FR 58042; October 6, 2008). These schedules reflect our interest in assuring that the exceptional events claims can be fully considered by EPA in the final designations.


# ' This informationis available on EPA's website at www.epa.gov/ttn/airs/airsaqs/.Section 107(d)(l)of the CAA defines an area as nonattainment if it is violating the NAAQS or if it is contributing to a violation in a nearby area. Ground-level ozone and ozone precursor emissions are pervasive and readily transported. Therefore, EPA believes it is important to examine ozone-contributing emissions across a relatively broad geographic area. Accordingly, we recommend that the Core Based Statistical Area (CBSA) or Combined Statistical Area (which includes 

### 2 or more adjacent CBSA's) associated with the violating monitor(s) serve asthe starting point or "presumptive" boundary for evaluating the geographic boundaries of an ozone nonattainment area. CBSA is a collective term that refers to both metropolitan and micropolitan statistical areas, which are distinguished based on population size.' Each CBSA consists of a county orcounties containing at least one urban core plus adjacent counties that have a high degree of social and economic integration with the urban core as measured by commuting ties.

# ' EPA recommends starting with this presumption because the factors used to establish the CBSAsand CSAs are similar to the factors EPA plans to consider in determining whether a nearby area is contributing to the violation(s) of the standard. EPA used this sameconceptual approach in the designations process for the 1997 ozoneNAAQS.'.~ Where a violating monitor is not located in a CBSA or CSA, we recommend that the boundary of the county containing the monitor serve asthe starting point for considering the extent of the nonattainment area.

EPA believes that each potential nonattainrnent area should be evaluated on a case-bycase basis and recognizes that these area-specific analyses conducted by states, tribes, and/or EPA may support nonattainment areaboundaries that are larger or smaller than the presumptive area starting point. As a framework for area-specific analyses, we recommend that statesand tribes base their boundary recommendations on an evaluation of the 9 factors listed in attachment 2. These factors areconsistent with those used in the designations process for the 1997ozone standard and are factors EPA plans to consider in evaluating and making decisions on the nonattainrnent area boundaries for the 2008 ozone standards. Additionally, states and tribes may

The Office of Management and Budget (OMB)delineates CBSAs (metropolitan and micropolitan statistical areas) and CSAs. OMB adopted new standards for defining metropolitan and micropolitan statistical areas on December 27, 2000 (65 

### FR 82229). A micropolitan statistical area has a population ofat least 10,000 but less than 50,000. A metropolitan statistical area has a population of at least 50,000. 

# 'For lists of the CBSAs and CSAs and their geographic components see 

### www.census.~ov/~o~ulatiodwww/metroareas/metrodef.ht. EPA recommends using the most recent available updated lists ofthe statistical areas. The lists are updated annually to reflect the most recent Census Bureau population estimates.

Memorandum from John S. Seitz, Director of Office of Air Quality Planning and Standards to Air Directors, Regions I-X, "Boundary Guidance on Air Quality Designations for the 8-Hour Ozone National Ambient Air Quality Standards," March 23, 2000.

In addition, CAA section 107(d)(4) established the consolidated metropolitan statistical area or metropolitan statistical area as the presumptive boundary for the most polluted areas that were designated nonattainrnent by operation of law in 1991 for the I-hour ozone NAAQS.identify and evaluate other relevant factors or circumstances specific to a particular area. In addition to nearby areas with sources contributing to nonattainment, ozone concentrations in a local area may be affected by long-range transport ofozone and its precursors (notably nitrogen oxides). In certain parts of the country, such as the eastern United States,
ozone is a widespread problem. Where this is the case, the CAA does not require that all contributing areas be designated nonattainment, only the nearby areas. Regional strategies, such
asthose employed in the Ozone Transport Region and EPA's NOxSIP Call are needed to address the long-range transport component of ozone nonattainment, while the local component must be addressed through local planning in and around the designated nonattainment area.
This memorandum provides EPA's current views on how boundaries should be determined for ozone designations. The guidance is not binding on states, tribes, the public, or EPA. Issues concerning nonattainment area boundaries will be addressed in E.PA's action to designate areas under the 2008 ozone standard. When EPA promulgates designations, those determinations will be binding on states, tribes, the public, and EPA as a matter of law. Ozone nonattainment areas will be classified at the time ofdesignation. The approach EPA will use to classifL nonattainment areas under the 2008 revised ozone NAAQS will be established through a separate notice-and-comment rulemaking. Information related to the designations for the 2008 revised ozone NAAQS will be provided on EPA's website at www.epa.gov/ozonedesignations.

Attachment 1 is a timeline ofimportant dates in the designation process for the revised 2008 ozone NAAQS designation process. Attachment 2 provides the list of nine factors that EPA plans to consider in evaluating and making decisions on nonattainrnent area boundaries.

Staff in EPA's Office of Air Quality Planning and Standards are available for assistance and consultation throughout the designation process. Questions on this guidance may be directed to Carla Oldham at 9 19-54 1-3347.

Attachments (2)

cc: Air Division Directors, Regions I-X Greg Green, OAQPS Bill Harnett, OAQPS Brian McLean, OAP Margo Oge, OTAQ Stephen D. Page, OAQPS Peter Tsirigotis, OAQPS Richard Wayland, OAQPS Lydia Wegman, OAQPSATTACHMENT 1



## - TIMELINE FOR REVISED 2008 OZONE NAAQS DESIGNATION PROCESS*
Milestone
EPA promulgated revised ozone NAAQS
State and tribal recommendations due for ozone designations

I EPA publishes public notice of state Date
March 12,2008

No later than March 12,2009

EPA notifies states and tribes concerning any modifications to their recommendations ( 120-day letters).

recommendations and EPA's proposed modifications and initiates 30-day public comment period. No later than November 12, 2009 (120 days prior to final designations)

Mid-November 2009 

# 1 End of 30-day public comment period. 

# I Mid-December 2009 

# I

States and Tribes submit additional information to demonstrate why 

### an EPA modification is inappropriate.



### * This schedule assumes EPA has sufficient information to promulgate designationswithin 2 years. In the event EPA determinesthat insufficientinformation is availableto do so, the designation process could be extended up to one year, but no later than March 12,2011. No later than January 12,2010

EPA promulgates final ozone designations. I No later than March 12, 2010ATTACHMENT 2

Factors EPA Plans to Consider in Determining Nonattainment Area Boundaries in Designations for the 2008 Ozone NAAQS

EPA recommends that the Core Based Statistical Area (CBSA) or Combined Statistical Area (CSA) (which includes 2 or more adjacent CBSA's) serve as the startingpoint or "presumptive" boundary for considering what should be the geographic boundaries of an ozone nonattainment area.6 Where a violating monitor is not located in a CBSA or CSA, we recommend that the boundary of the county containing the monitor serve as the presumptive boundary for the nonattainment area. As a framework for area-specific analyses to support nonattainment area boundary recommendations and final boundary determinations, we recommend an evaluation of the 9 factors listed below:

Air quality data Emissions data (location of sources and contribution to ozone concentrations) Population density and degree of urbanization (including commercial development) Traffic and commuting patterns Growth rates and patterns Meteorology (weatherltransport patterns) Geographyltopography (mountain ranges or other air basin boundaries) Jurisdictional boundaries (e.g., counties, air districts, existing nonattainment areas, Reservations, metropolitan planning organizations (MPOs)) Level of control of emission sources Analysis of these factors may support nonattainment boundaries that are either larger or smaller than the presumptive boundary. EPA plans to consider these factors, along with any other relevant information, in determining whether to make modifications to the boundary recommendations from states and tribes. The factors listed above, while generally comprehensive, are not intended to be exhaustive. States and tribes may submit additional information they believe is relevant for EPA to consider. In general, a state's or tribe's demonstration supporting their boundary recommendation for an area should show that: 1) violations are not occurring in nearby portions that are excluded from the recommended area, and 2) the excluded nearby portions do not contain emission sourcesthat contribute meaningfully to the observed violations. While states are not bound to use the approach outlined here, EPA plans to evaluate a state recommendation and determine whether to modify such recommendation based onthe above factors and any other information the Agency determines is relevant.

For lists of the CBSAs and CSAs and their geographic components see ~vww.census.~ov/populatiodwww/metroareas/metrodef.html.