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 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 of public health and welfare from ozone pollution. The new 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 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 of promulgation 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 of providing 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 

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 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 12,2009 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 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), (1 )(B) of the 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 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 3 12-353-6960. 

Sincerely, /- 

Cheryl L. Newton 

zr2Radiation Division 

Enclosure 

cc: Lynn Hall 

Air Specialist PPG 

Bad River Band of Lake Superior Chippewa 
UNITED 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 

12 140 West Lakeshore Drive 

Route #1 Box 3 13 

Brimley, Michigan 497 15 

Dear President Parker: 

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 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 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 of promulgation 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 of providing 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 

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 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 12,2009 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 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 

designations will 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 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 3 12-353-6960. 

Sincerely, >.,- 

Cheryl L. Newton 

+ Director 

Air and Radiation Division 

Enclosure 

cc: Amanda Bosak 

Aquatic Biologist 

Bay Mills Indian Community 
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 

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 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. 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 of promulgation 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 of providing 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 

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 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 12,2009 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 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 

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 Chippewa 
UNITED 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 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. 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 of promulgation 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 

b'unclassifiable" with respect to the new or revised standard. Establishing area designations is 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 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 

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 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 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 

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 further 

discussions or meeting with EPA officials about specific aspects of the 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 Chippewa 
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 

Phillip Shopodock 

Chairman 

Forest County Potawatomi Community 

P.O. Box 340 

Crandon, Wisconsin 54520 

Dear Chairman Shopodock: 

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 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 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 of promulgation 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 or revised standard. Establishing area designations is a key step in the 

process of providing 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 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 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 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 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, 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 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 

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 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 

6 e- Director Air and Radiation Division 

Enclosure 

cc: Elizabeth Rogers 

Environmental Specialist 

Forest County Potawatomi Community 
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 

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 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. 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. 

Withn one year of promulgation 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 the new or revised standard. Establishing area designations is 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 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 

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 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 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 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 classifL 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 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 Chippewa 
3+.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 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. 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 of promulgation 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," "nonattainment," or 

"unclassifiable" with respect to the new or revised standard. Establishing area designations is 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 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 

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 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 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 12,201 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 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 3 12-353-6960. 

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 Indians 
UNITED 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 1 1 Hannahville B 1 Road 

Wilson, Michigan 49896 

Dear Chairperson Meshigaud: 

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 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 effectsassociated 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 impactson 

vegetation and forested ecosystems. 

Within one year of promulgation 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 of providing 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 hdian 

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 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 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 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 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 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 3 12-353-6960. 

Cheryl L. Newton 

6 A Director Air and Radiation Division 

Enclosure 

cc: Scott Wieting 

Environmental Director 

Hannahville Indian Community 
UNITED 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 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 ow 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. 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 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 of promulgation 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 or revised standard. Establishing area designations is a key step in the 

process of providing 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 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 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 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 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 12,2009 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 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 12,20 10 (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 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 3 12-353-6960. 

Sincerely, ,/,-~ 

Cheryl L. Newton 

a- Director 

Air and Radiation Division 

Enclosure 

cc: Kevin Gunderson 

Environmental Specialist 

Ho-Chunk Nation of Wisconsin 
3+,+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-1 8J 

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 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 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 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 of promulgation 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 of providing 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 

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 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 12,2009 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 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 

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 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 12-3 53 -6960. 

Sincerely, 

Cheryl L. Newton ' C6e Director 

Air and Radiation Division 

Enclosure 

cc: Dwight Sargent 

Environmental Services Manager 

Inter-Tribal Council of Michigan 
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 

Warren C. Swartz Jr. 

Tribal President 

Keweenaw Bay Indian Community 

16429 Beartown 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 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 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 of promulgation 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 of providing 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 

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 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 12,2009 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 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 

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 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 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 Community 
UNITED 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 

13394 West 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 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 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 of promulgation 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 of providing 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 

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 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 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 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 IVAAQS 

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 3 12-353-6960. 

Sincerely, ,P 

Cheryl L. Newton 

9;- Director 

Air and Radiation Division 

Enclosure 

cc: Daniel Tyrolt 

Environmental Director 

Lac Courte Oreilles Band of Lake Superior Chippewa 
d,&,<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-1 8J 

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 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. 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 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 of promulgation 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 of providing 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 

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 - 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 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 12,201 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 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 3 12-3 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 2008 

UNITED 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 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. 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 of promulgation 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 of providing 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 

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 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 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 

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 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: George Beck 

Environmental Director 

Lac Vieux Desert Band of Lake Superior Chippewa 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 5 

77 WEST JACKSON BOULEVARD 

CHICAGO, IL 60604-3590 

REPLY TO THE ATTENTION OF: 

A-1 8J 

DEC 3 0 2008 

Arthur LaRose 

Chairman 

Leech Lake Band of Ojibwe 

11 5 Sixth Street North West Suite E 

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 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. 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 of promulgation 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 

b'unclassifiable" with respect to the new or revised standard. Establishing area designations is 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 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. mle 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 

RecycledlRecyclable 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 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 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 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 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 3 12-3 53-6960. 

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 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 designati,ons 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 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 of promulgation 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 of providing 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 CAAin 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 

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 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 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 

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 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 

6 + Director Air and Radiation Division 

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 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. 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 of promulgation 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 or revised standard. Establishing area designations is 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 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 

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 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 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 

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 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 ($5 Air and Radiation Division 

Enclosure 

cc: Rachel Schwarz 

Environmental Services Director 

Little Traverse Bay Bands of Odawa 
UNITED 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 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 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 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 prhary 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 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 of providing 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 

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 (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 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 

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 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 

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-wish Band of Pottawatomi 

1743 l42nd Avenue, Suite 6 

P.O. Box 21 8 

Dorr, Michigan 49323 

Dear Chairman Sprague: 

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 pol.icies 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. 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 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 of promulgation 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 of providing 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 

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 

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 12,2009 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 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 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 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 3 12-353-6960. 

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 54 13 5 

Dear Chairperson Waukau: 

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 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 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 of promulgation 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 of providing 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 

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 (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 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 

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 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 of Wisconsin 
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 

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 ozone to provide increased 

protection of public health and welfare from ozone pollution. 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 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 of promulgation 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 of providing 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 

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 12,2009 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 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 

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 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 3 12-3 53 -6960. 

Sincerely, ),- 

Cheryl L. Newton 

&-- Director 

Air and Radiation Division 

Enclosure 

cc: Scott Hansen 

Environmental Manager 

Mille Lacs Band of Ojibwe 
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 

Laura Spurr 

Chairperson 

Nottawaseppi Huron Band of Potawatomi 

222 1 1 !h Mile Road 

Fulton, Michigan 49052 

Dear Chairperson Spurr: 

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 tibes 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 tibal 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 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 of promulgation 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 of providing 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 tibes 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 . 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 12,2009 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 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 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 staff to 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. 

i 

f7 Sincerely, ' I 

Cheryl L. Newton 

6 Director 4 Air and Radiation Division 

Enclosure 

cc: David Jones 

Environmental Director 

Nottawaseppi Huron Band of Potawatomi 
UNITED 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 541 55 

Dear Chairman Hill: 

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 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 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 of promulgation 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," "nonattainrnent," or 

"unclassifiable" with respect to the new or revised standard. Establishing area designations is 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 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 

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 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 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 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 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 3 12-353-6960. 

Sincerely, i -1 

Cheryl L. Newton 

6 ct.c Director Air and Radiation Division 

Enclosure 

cc: Lisa Miotke 

Environmental Specialist 

Oneida Tribe of Indians of Wisconsin 
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 of Potawatomi 

P.O. Box 180 

58620 Sink Road 

Dowagiac, Michigan 49047 

Dear Chairman Miller: 

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 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 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 of promulgation 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 of providing 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 

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 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 12,2009 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 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 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 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 

6 Director Air and Radiation Division 

Enclosure 

cc: Mark Parish 

Environmental Coordinator 

Pokagon Band of Potawatomi 
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.s 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. 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 of promulgation 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 of providing 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 

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 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 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 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 staff to develop area designations under 

the 2008 revised ozone standards in a timely manner. If your government is interested in fiuther 

discussions or meeting with EPA officials about specific aspects of the designation process, 

please contact Doug Aburano at 3 12-353-6960. 

Sincerely, fl\ 

Cheryl L. Newton 

6 Director di Air and Radiation Division 

Enclosure 

cc: Brad Frazier 

Environmental Specialist 

Prairie Island Indian Community 
UNITED 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 Cliff Band 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 

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. 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 of promulgation 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 of providing 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 

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 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 

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 120 days prior to promulgating final designations. 

Following the announcement of intbded 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 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 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 3 12-353-6960. 

Cheryl L. Newton 

Director 

Air and Radiation Division 

Enclosure 

cc: Tracey Ledder 

Environmental Specialist 

Red Cliff Band of Lake 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 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 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 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 of promulgation 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 

b'unclassifiable" with respect to the new or revised standard. Establishing area designations is 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 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 

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 Oil 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 12,2009 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 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 

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 further 

discussions or meeting with EPA officials about specific aspects of the designation process, 

please contact Doug Aburano at 3 12-353-6960. 

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 as! 2-$ REGION 5 

77 WEST JACKSON BOULEVARD 

% d' %( m~kG CHICAGO, IL 60604-3590 

DEC 3 0 2008 

REPLY TO THE ATTENTION OF: 

A-1 8J 

Federico Cantu 

Chief 

Saginaw Chippewa Indian Tribe of Michigan 

7070 East Broadway Road 

Mt. Pleasant, Michigan 48858 

Dear Chief Cantu: 

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 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 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 of promulgation 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," "nonattainment," or 

"unclassifiable" with respect to the new or revised standard. Establishing area designations is 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 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 

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 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 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 

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 further 

discussions or meeting with EPA officials about specific aspects of the designation process, 

please contact Doug Aburano at 3 12-3 53 -6960. 

Cheryl L. Newton 

6 6 Director Air and Radiation Division 

Enclosure 

cc: Sally Kniffen 

Environmental Specialist 

Saginaw Chippewa Indian Tribe of Michigan 
UNITED 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 of Michigan 

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. 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 of promulgation 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 of providing 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 

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 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 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 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 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 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 of Michigan 
DEC 3 0 2008 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 5 

77 WEST JACKSON BOULEVARD 

CHICAGO, IL 60604-3590 

Stanley Crooks 

Chairman 

Shakopee Mdewakanton Sioux Community 

2330 Sioux Trail NW 

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 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. 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 of promulgation 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 of providing 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 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 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 

regarding appropriate designations for tribal 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 12,2009 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 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 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 staff to 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 

Shakopee Mdewakanton Sioux Community 
UNITED 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 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 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 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 of promulgation 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 of providing 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 

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 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 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 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 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 3 12-353-6960. 

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 Angeline Avenue 

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 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 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 of promulgation 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 of providing 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 

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 with Vegetable Oil 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 12,2009 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 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 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 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 3 12-353-6960. 

Sincerely, r 

Cheryl L. Newton 

Director 

Air and Radiation Division 

Enclosure 

cc: Katie Stariah 

Environmental Specialist 

St. Croix Chippewa Indians of Wisconsin 
UNITED 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 5441 6 

Dear President Chicks: 

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 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 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 of promulgation 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," "nonattainment," or 

"unclassifiable" with respect to the new or revised standard. Establishing area designations is 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 adopt plans to reduce 

ambient concentrations of ozone. 

EPA does not recognize State designation recommendations as applying to Lndian 

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 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 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 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 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 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 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-1 8J 

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 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. The new primary ozone standard 

was lowered from 0.08 park 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 promu1gate.d 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 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 of providing 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 

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 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 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 

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 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: Dallas Ross 

Environmental Director 

Upper Sioux Community 
UNITED 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 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 fiom ozone pollution. 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 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 of promulgation 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 of providing 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 

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 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 

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 further 

discussions or meeting with EPA officials about specific aspects of the designation process, 

please contact Doug Aburano at 3 12-3 53 -6960. 

Sincerely, /-' 

& Erz.fo;. Newton 

Air and Radiation Division 

Enclosure 

cc: Monica Hedstrom 

Environmental Manager 

White Earth Band of Chippewa 
- *r 

UNiTED STATES ENVIRONMENTAL PROTECTION AGENCY 

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 of implementing 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 of 0.075 ppm based on numerous epidemiological studies 

conducted during the past decade in which many of the health effects associated with ozone 

exposure were identified. These studies showed health effects at and below the level of the 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 of new or revised 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 of the 

recommendations. EPA intends to promulgate a designation that deviates from a state 

recommendation, EPA must notify the state at least 120 days prior to promulgating the final 

designation, and EPA must provide the state an opportunity to demonstrate why the potential 
modification 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 

additional year 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 recommendations for 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 

information as 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, subject to the requirements given in the 

October 17,2006 Revision to Ambient Air Monitoring Regulations (7 1 FR 6 1236). 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 165 1 1). We expect to base the final 

designations in March 20 10 on 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 

identifying a violation if they 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 information is 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 as the 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 or counties 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 CBSAs and 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 same conceptual approach in the designations process for the 1997 ozone NAAQS.'.~ 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 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 area boundaries that are larger or smaller than the presumptive 

area starting point. As a framework for area-specific analyses, we recommend that states and 

tribes base their boundary recommendations on an evaluation of the 9 factors listed in attachment 

2. These factors are consistent with those used in the designations process for the 1997 ozone 

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 of at 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 of the 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 of ozone 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 

as those employed in the Ozone Transport Region and EPA's NOx SIP 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 of designation. 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 of important 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 1 9-54 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, OAQPS 
ATTACHMENT 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 

(1 20 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 designations within 2 years. In 

the event EPA determines that insufficient information is available to do so, the designation process could 

be extended up to one year, but no later than March 12,201 1. 

No later than January 12,2010 

EPA promulgates final ozone designations. 

I 

No later than March 12, 2010 
ATTACHMENT 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 starting point 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 sources that 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 on the 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.