UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2

290 BROADWAY

NEW YORK, NY 10007-1866

':, r ';"i I,;

Chief Leo R. Henry

Tuscarora Nation

2006 Mt. Hope Rd.

Lewiston, NY 14092

Dear Chief Henry:

I am writing you today to provide you with information on the process for designating

areas that meet or may not meet the U.S. Environmental Protection Agency's (EPA) healthrelated National Ambient Air Quality Standards for lead. 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 lead.

On October 15, 2008, EPA promulgated a more stringent air quality standard for lead.

This new standard is based on the most recent 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 or revised NAAQS, we then designate all geographic

areas within the United States as "attainment", "nonattainment", or "unclassifiable" under

section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished

through a formal rulemaking process outlined in Section 107(d)(l) ofthe Act. Ifan area does

not meet the national standard for the revised lead standard, or contributes to a nearby area that

does not meet the standard, it will be designated as nonattainment.

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 state's plans to prepare recommendations for

designations ofstate 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

designations process, we ask that 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 lead National Ambient Air Quality Standards.

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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 later than

120 days prior to promulgating its final designations, of any proposed modifications. You would

then have the opportunity to comment on any modification that EPA proposes to your original

designation recommendation.

I have enclosed with this letter additional guidance to states, local air pollution control

agencies and Indian tribes on the time frame and process for designating areas under the revised

lead standard. EPA plans to announce its proposed designations as early as possible, but no later

than 120 days prior to promulgating initial designations. As previously mentioned - this 120 day

period is established to allow states and tribes an opportunity to review and comment upon any

changes EPA proposes to make to your original recommendation.

Under section 107(d)(l)(B) ofthe Act~ EPA is required to issue final designations within

two years of promulgation 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 later than October 15,

2010, where air quality data from the existing monitoring network is sufficient or where 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 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 of providing the health

protection that the Act is intended to provide. If you are interested in learning more about the

process ofmaking designation recommendations or would like to consult with EPA officials

about specifics aspects ofthis guidance or the designations process, please contact me at 212-

637-5000 or have your staff contact Raymond Werner, Chief ofthe Air Programs Branch, at

212-637-4249.

Sincerely,

n~.,I) / vV " 0.-.-~

George Pavlou

Acting Regional Administrator

Enclosures

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cc: 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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