,. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140
OFFICE OF AIR, WASTE AND TOXICS 

## NOV 

## 091009 Mr. VictorWellington, Tribal President Metlakatla Indian Community P. O. Box 8 Metlakatla, Alaska 99926 Dear Tribal President Wellington: In orderto protect public health and welfare, EPArevised the National Ambient Air Quality Standards (NAAQS) for lead on October 15,2008 (73 FR 66964; November 12,2008). The primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) quarterly average level set in 1978, to a three-month rolling average level of0.15 uglm3. This new standard is based on the most recent scientific studies and provides protection from adverse health effects associated with exposure to lead. When EPApromulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Ifan area does not meet the NAAQS for therevised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Since there is no ambient monitoring for lead on the Reservation, nor are there any significant sources oflead that contribute to nonattainment outside the Reservation, we anticipate designating the Reservation as "unclassifiable." To help ensure that EPA obtains relevant data for its designation decisions, EPA invites you to provide any information, including any recommendations for area designations and boundaries with supporting documentation. We are including an enclosure to this letter, which provides guidance to Tribes on the timeline and process for designating areas under the revised lead standard. If

### you do chose to submit information for EPA's consideration, please submit it by December 15,2009. 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 orwould like to consult with EPA officials. about specific aspects ofthis guidance orthe designations process, please contact me at 206-553­ 1234 or Steve Body at 206-553-0782. Sincerely,

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- . I Richard Albright, Director Office ofAir, Waste & 

### Toxics Enclosure 

# o Prfntecton R9CycledPaper 

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.... .....UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 27711
OffiCE OF AIR QUALITY PLANNING 

### AUG 2 1 1.00Y AND. STANDARDS MEMORANDUM SUBJECT: Area Designations for the 2008 Revised Lead National Ambient Air Quality Standards**~** FROM: William T. Harnett

# IJ}~ Division Director, Air Quality Policy Division 

### TO: Regional Administrators, Regions I-X The U.S. Environmental Protection Agency (EPA) revised the lead National Ambient Air Quality Standards (NAAQS) on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 microgramq per cubic metcr (uglm3) level set in 1978, to a level of0.15 ug/m3 based on a quarterly averaging time. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. The next step in implementingthe revised lead NAAQS is tor EPA to designatc areas as meeting ornot meeting the NAAQS. EPA provided guidance for the lead designations process in the preamble to the lead NAAQS tinal rule. This memorandum provides informationon the timeline for designating areas and identities whereguidance on key designations-related subjects can be found in the lead NAAQS preamble. Please sharethis information with the sfate and tribal agenCies in your Region. Section 107(<1) ofthe Clean Air Act (CAA) govcl11s the process for area designations following the establishment ofnew 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 aflerthe promulgation ofa new or revised standard. If, after careful consideration ofthe recommendations, EPA intends to promulgate a designation that deviates from a state recommendation, EPA will notify the stateno later than 120 days prior to promUlgating the initial designation. EPA will also provide the state an opportunity to demonstrate why the potential moditication is inappropriate. The CAA requires EPA to complete the designation process within two years ofpromulgation ofa new orrevised NAAQS unless the Administrator has insullicient intormation to make these designations. [n sueh a case, EPA may take up to an additional year to make the designations. Accordingly, stute designation recommendations for the 2008 revised lead standards shall he submitted to the Administrator no latcr than October 15,2009. States shall provide a list

# or designation recommendations t(lf all areas in the staleorjurisdiction designated as attainment, nonattainmcnt, orunclassifiahleon the basis ofavailable information. As described in the final I'ulcmaking (73 FR 66964; Novemher 12, 2008), EPA anticipates that state and tribal 0 tlicials 

### will he ahle to base their designation recommendations for some areas on existing monitoring data, and thereby designate an area as "attainment" or "nonnttainmcnt," EPA also**;lI1tidpate~** Ihere willlk'<llhcr areas where ,;ul'ticlt:nt mOllitllring data art: nl}t availahk to make sUl:h a·

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### , 

### 3 The staffat EPA's Office ofAir Quality Planning and Standards is available for assistance and consultation throughout thedesignation process. Questions onthis guidance may bedirected to Rhonda Wright at**919~541-1087.** 

### Attachment 

### J

### ·Attachment 1: 

# Timeline for Revised 2008 Lead NAAQS Designation Process

Milestone Final Lead NAAQS Rule Promulgated MonitoringNetwork Implementation

Stateffribal Designation Recommendations to EPA
EPA notifies states/tribes concerning any modifications to their recommendations (120-day letters) EPA pUblishes public notice of state/tribes recommendations and EPA's proposed modifications End of30-daypublic comment period States/tribes submit additional information to demonstrate why an EPA modification is inappropriate. Final Designations Date October 15, 2008 (published November 12,2(08) All source-oriented monitors operational byJan 1,2010; All nonsource-oriented monitors operational byJan 1,2011. 

### EPA makes I" round

## (J"!' Yearl initialdesignationsforareas with sufficientleaddata
'Nolater than October 15,2009

No later than June 17,2010 (120 days priorto final designations) Late-June 2010 (publication initiates 30-day

public comment period) Late-July 2010

No later than Aug 15,2010

No later than Oct 15,2010 

### .. EPA makes 2- round

## (.3'" Yearl initialdesignations for the remaininll areas
2No later than October 15,2010

No laterthan June 17,2011 (120 day's priorto final designations) Late-June 2011 (publication initiates 30-day public comment period)

Late-July 2011

No later than Aug 15, 2011

No laterthan Oct 15, 20II

I The CAA stales. "BySlIch tJate as theAdministrator may reasonably require, hiltnot later than Jrearafter**promu/~ation** of a new ;/,. rel'ised I/,/ti""al omlhit'lII lIir <II/cllify ,r""dardfOfam I'OlllltLlIII IIIlder.,·<,ctiol/ I()/.), fire COl'all"r 

### "leaclr Sfllte .,hull (111,,1 "f lilly other time tire (;o\,ernor of iJ Sfate deems Ilppropriate the GOl'emor may)**~lIbmit** to theAdmillil"lratora hl,t of all areas lorportions fhereof) il/fhe Sfate, In;gnutillx llS- (i)/lonattainment.
.. (ii) ,/trail/me"t
... Ofliii) undtIJ.I·Uiable
... . , CAA**~** I07Id)ll)(A)

: for**th~** 2"0 year ofdeSignations, States andfrines will have an opportunity Ii) update their**r~nllnmendalJon Icller~**  for the remaining areas by OCloncr I50 20IO.