,. 

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. Victor Wellington, Tribal President 

Metlakatla Indian Community 

P. O. Box 8 

Metlakatla, Alaska 99926 

Dear Tribal President Wellington: 

In order to protect public health and welfare, EPA revised 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 of 0.15 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 EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). If an area does not meet the NAAQS for the revised 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 of lead 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 of providing the health 

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

process of making designation recommendations or would like to consult with EPA officials. 

about specific aspects of this guidance or the designations process, please contact me at 206-553­

1234 or Steve Body at 206-553-0782. 

Sincerely, 

~--~ c·-------d---­

- . I 

Richard Albright, Director 

Office of Air, Waste & Toxics 

Enclosure 

o Prfntect on R9Cycled Paper 

------------. --.... ..... 
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 (N AAQS) 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 implementing the 

revised lead NAAQS is tor EPA to designatc areas as meeting or not meeting the NAAQS. EPA 

provided guidance for the lead designations process in the preamble to the lead NAAQS tinal 

rule. This memorandum provides information on the timeline for designating areas and 

identities where guidance on key designations-related subjects can be found in the lead NAAQS 

preamble. Please share this 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 afler the 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 state no 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 of promulgation ofa new or revised 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 stale or jurisdiction designated as attainment, 

nonattainmcnt, or unclassifiahle on 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 
· .,

, 

3 

The staff at EPA's Office ofAir Quality Planning and Standards is available for 

assistance and consultation throughout the designation process. Questions on this guidance may 

be directed 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 

Monitoring Network 

Implementation 

Stateffribal Designation 

Recommendations to EPA 

EPA notifies states/tribes 

concerning any modifications to 

their recommendations (120-da y 

letters) 

EPA pUblishes public notice of 

state/tribes recommendations and 

EPA's proposed modifications 

End of 30-day public 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 by Jan 1,2010; 


All nonsource-oriented monitors operational by Jan 1,2011. 


EPA makes I" round (J"!' Yearl 

initial designations for areas with 

sufficient lead data 

'No later than October 15,2009 


No later than June 17,2010 


(120 days prior to 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 

initial designations for the 

remaininll areas 

2No later than October 15,2010 


No later than June 17,2011 


(120 day's prior to final 


designations) 


Late-June 2011 


(publication initiates 30-day public 


comment period) 


Late-July 2011 


No later than Aug 15, 2011 


No later than Oct 15, 20 II 


I The CAA stales. "By SlIch tJate as the Administrator may reasonably require, hilt not later than J rear after promu/~ation ofa new 

;/,. rel'ised I/,/ti""al omlhit'lII lIir <II/cllify ,r""dardfOf am I'OlllltLlIII IIIlder .,·<,ctiol/ I()/.), fire COl'all"r "l eaclr Sfllte .,hull (111,,1 "f lilly 

other time tire (;o\,ernor ofiJ Sfate deems Ilppropriate the GOl'emor may) ~lIbmit to the Admillil"lrator a hl,t ofall areas lor portions 

fhereof) il/ fhe Sfate, In;gnutillx llS- (i) /lonattainment. .. (ii) ,/trail/me"t ... Of liii) undtIJ.I·Uiable... . , CAA ~ I07Id)ll)(A) 

: for th~ 2"0 year of deSignations, States andfrines will have an opportunity Ii) update their r~nllnmendalJon Icller~ for the remaining 

areas by OCloncr I 50 20 IO.