UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2



## FEB 2 8 2011 ChiefRoger Hill ChiefDarwin Hill, Clerk 

### Tonawanda SenecaNation 7027 Meadville Road Basom, NY 140l3 Dear ChiefHill: 290 BROADWAY NEW YORK, NY 10007-1866

The purpose ofthis letter is to provide you 

### with information and guidance onthe U.S. Environmental Protection Agency's (EPA) designations process for the revised sulfur dioxide (S02) national ambient air quality standard (NAAQS). Your Indian Nation may find it important to engage 

### in the process ofassigning designati<?DS for Indian country. Therefore, we would like 

### to invite you to participate 

### in the designations process and to offer you an opportunity to engage in early consultation. We want to ensure early transparent and effective communication 

### in proposing area designations for the revised SOz standard. On June 3, 2010, EPA added a new primary NAAQS for SO, 

### in orderto provide increased protection ofpublic health from SOzpollution. The new standard of75 parts per billion (ppb), is attained when the 3-year average ofthe 

### 99th percentile of 1-hourdaily maximum concentrations does not exceed 75 ppb. No changes were made to the existing 3-hour secondary standard. This action required EPA to designate areas as attainment, nonattainment or unclassifiable only for the new, !-hour 75 ppb SO, standard. Establishing area designations is a key step in the process ofproviding the health protection intended bythe Clean 

### Air Act (CAA). Section 107(d)(l)(A) ofthe CAArequires EPA to list and designate, within two years ofpromulgation ofa new orrevised NAAQS, all areas inthe country, including Indian country, as either: Attainment-areas that meet the standard; Nonattainment-areas that either do not meet the standard, or are contributing to a nearby area that does not meet the standard; or Unclassifiable-areas where there is insufficient information to make a determination. These designations are based on current air quality information, recommendations from State Governors and Indian Nation Leaders, and other relevant information discussed inthe attached guidance document. We request and encourage your recommendation for designation ofyour area for considerationinthis process. While IndianNations are not obligated to participate 

### inthe designations process, we invite and encourage you to do so. Please notify us ifyou are interested inparticipating in the

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### designations process and/or engaging in consultation regarding the process. Ifyou choose to participate, we ask that you provide your designations recommendation to EPAby June 3, 2011. The enclosed memorandum provides guidance on the process for designating areas underthe new S02

### NAAQS. We plan to announce ourproposed designations as early as possible after receipt ofrecommendations, but no later than 120 days priorto promulgating the final designations. Following the announcement ofintended designations, Indian Nations will have an additional opportunity to consult with EPA onthe proposed designation. 

### In accordance with section 107(d)(l)(B) ofthe CAA, we are required to issue final designations by no laterthan June 3, 2012. Our designations will be based on the most recent three calendar years ofcertified, quality-assured monitoring data available, and any other relevant information that is provided, including refined 

### air quality dispersion modeling. Asthe process moves forward, we will keep you and your 

### staffinformed ofany additional guidance or other support activities. We look forward to working with you and your staffto develop area designations underthe new S02 

### standard in a timely manner. 

### Ifyour Indian Nation is interested 

### in consultation orparticipating in further discussions ormeetings withEPA officials about the designations process, please do not hesitate to contact me orhave your staff contact Raymond Werner, Chief

### Air Programs Branch, at 212-637-3706.

Enclosure 

### Cc: Ms. Mardell Sundown Tonawanda SenecaEnvironmental Program 6751 Meadville Road Basom, NY 14013 Dave Arquette, Director 

### HETF P.O. Box366 Rooseveltown, NY 13683 Sincerely,

Judith A. Enck Regional Administrator