UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEW YORK, NY 10007-1866

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ChiefLeo R. Henry TuscaroraNation 2006 Mt. Hope Rd. Lewiston, NY 14092

Dear ChiefHenry:

I am writing you today to provide you with information onthe process for designating
areas that meet or may not meetthe U.S. Environmental Protection Agency's (EPA) healthrelated National Ambient Air Quality Standards for lead. When EPA develops rules and policies
we takeour responsibility to consultwith the federally recognized Indiantribes seriously and consider where these rules orpolicies may impact tribes and their environments. We want to make sure that we are effectively communicating withyou to ensure early tribal input on the designations process for lead.

On October 15, 2008, EPA promulgated 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 increased protection 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 EPA promulgates a new orrevised NAAQS, we then designate all geographic
areas within the United States as "attainment", "nonattainment", or "unclassifiable" under section 107 ofthe Clean AirAct (Act). Designating an area underthe Act is accomplished through a formal rulemaking process outlined in Section 107(d)(l) ofthe Act. Ifan area does not meetthe national standard for the revised lead standard, or contributes to anearby areathat does not meet the standard, it will be designated as nonattainment.

EPA does notrecognize state designation recommendations as applying to Indian country because states generally have neitherthe responsibility northe authority for planning and regulatory activities underthe Clean AirAct 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 state's plans to prepare recommendations for designations ofstate lands thatbordertribal lands and provide relevant information to EPA regarding appropriate designations fortribal lands. Ifyou are interested in participating in the designations process, we askthat you provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by October 15, 2009 with respect to the revised leadNational Ambient Air Quality Standards.

IntemelAddress (URL). http://www.epa.gov RecycledlRecyclable • Printed wkh Vegetable 011 Based Inkson Recycled Paper (Minimum 30% Postconsumer)Once EPA receives and evaluates your recommendation it may propose modifications to the recommended designations and boundaries. EPA will notify states and tribes by no laterthan 120 days priorto promulgating its final designations, ofany proposed modifications. You would then have the opportunity to comment on any modification that EPA proposes to your original designation recommendation.

Ihave enclosed with this letter additional guidance to states, local airpollution control agencies and Indian tribes onthe time frame and process for designating areas underthe revised lead standard. EPA plans to announce its proposed designations as early as possible, but no later than 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 EPAproposes to make to your original recommendation.

Under section 107(d)(l)(B) ofthe**Act~** EPA is required to issue final designations within two years ofpromulgation ofthe final National Ambient Air Quality Standard. However, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations by no laterthan October 15, 2010, where air quality data from the existing monitoring network is sufficient orwhere no additional data is expected to be available.

EPA will designate the remaining areas, where additional air quality information is expected from an expanded lead airmonitoring network, by no laterthan October 15,2011. States and Indiantribes will have an opportunity to update theirrecommendations forthese remaining areas by October 15,2010. Establishing area designations is akey 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 orhave your staffcontactRaymond Werner, Chiefofthe Air Programs Branch, at 212-637-4249. Sincerely,

# n~.,

# I)/ vV "**0.-.-~** George Pavlou Acting Regional Administrator

Enclosures

2cc: Neil Patterson Jr. Director Tuscarora Environmental Program 2045 Upper Mountain Road Sanborn, New York 14132

Rene Rickard Tuscarora Environmental Administrator Tuscarora Environmental Program 2045 Upper Mountain Road Sanborn, New York 14132

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