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

Clint Halftown, Representative CayugaNation P.O. Box 11 Versailles, NY 14168-0011
DearMr. Halftown:
I am writing you today to provide you with information on the process for designating areas that meet ormay not meetthe U.S. Environmental Protection Agency's (EPA) healthrelated National Ambient Air Quality Standards for lead. When EPA develops rules and policies we take ourresponsibility to consult with the federally recognized Indian tribes seriously and considerwhere these rules orpolicies may impacttribes and their environments. We wantto make sure that we are effectively communicating with you to ensure earlytribal input on the designations process for lead. On October 15, 2008, EPApromulgated amore stringent air quality standard for lead. This new standard is based on the mostrecent scientific studies and provides additional protection against adverse health effects associated with exposure to airborne lead. To provide increasedprotection against lead-related welfare effects, EPA also revised the welfare-related secondary standard to be identical in all respects to the more stringent health-related standard. When EPApromulgates anew orrevisedNAAQS, we then designate all geographic areas within the United States as "attainment", "nonattainment", or "unc1assifiable" under section 107 ofthe Clean AirAct (Act). Designating an areaunder the Act is accomplished through a formal rulemaking process outlined in Section 107(d)(1) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meetthe standard, it will be designated as nonattainment.
EPAplans to announce its proposed designations as early as possible, butno laterthan 120 days priorto promulgating initial designations. As previously mentioned

- this 120 day period is established to allow states and tribes an opportunity to review and commentupon any changes EPA proposes to make on original recommendations. Under section 107(d)(1)(B) ofthe Act, EPAis required to issue final designations within two years ofpromulgation ofthe final National Ambient Air Quality Standard. However, EPA has the discretion to extend the deadline up to one yearifthere is insufficient information to make designations. EPA intends to complete initial designations by no laterthan October 15, 2010, where air quality data fi:om the existing monitoring network is sufficient or where no additional data is expected to be available.

IntemetAddress (URL). http://www.epa.gov RecycledlRecyclable • Printed wtth Vegetable 011 8aMcllnks on Recycled Peper (Minimum 50% Pon:onsumercontent)EPA will designate the remaining areas, where additional air quality information is expected from an expanded lead air monitoring network, by no later than October 15, 2011. States and Indian tribes will have an opportunity to update their recommendations for these remaining areas by October 15,2010. Establishing area designations is a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specifics aspects ofthis guidance orthe designations process, please contact me at 212- 637-5000 or have your staffcontact Raymond Werner, Chiefofthe Air Programs Branch, at 212-637-4249. Sincerely,

# ~~ George Pavlou Acting Regional Administrator

cc: Dan Hill Cayuga Nation HETF Environmental Technician Haudenosaunee Environmental TaskForce P.O. Box 116 Akron, NY 14001

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