UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 2 

FEB 2 8 2011 

Mr. Robert Odawi Porter, President 

Seneca Nation of Indians 

Allegany Territory 

Seneca Nation 

90 Ohi:Yo' Way 

Salamanca, NY 14 779 

Dear President Porter: 

290 BROADWAY 

NEW YORK, NY 10007·1866 

The purpose of this letter is to provide you with infonnation and guidance on the 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 of assigning designations 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 so2 standard. 

On June 3, 2010, EPA added a new primary NAAQS for SO, in order to provide 

increased protection of public health from SOz pollution. The new standard of 75 parts per 

billion (ppb), is attained when the 3-year average of the 99th percentile of 1-hour daily 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, nonattairunent or 

unclassifiable only for the new, 1-hour 75 ppb S02 standard. 

Establishing area designations is a key step in the process of providing the health 

protection intended by the Clean Air Act (CAA). Section 107(d)(!)(A) of the CAA requires 

EPA to list and designate, within two years of promulgation of a new or revised NAAQS, all 

areas in the 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 in the 

attached guidance document. We request and encourage your recommendation for designation 

of your area for consideration in this process. 

While Indian Nations are not obligated to participate in the designations process, we 

invite and encourage you to do so. Please notify us if you are interested in participating in the 

lntemet Address (URL) • http://wv.w.epa.gov 

Recycled/Re<:yclable • Printed with Vegetable 011 Based Inks on Re<:ycled Paper (Minimum 50% Postconsumer content) 
designations process and/or engaging in consultation regarding the process. If you choose to 

participate, we ask that you provide your designations recommendation to EPA by June 3, 2011. 

The enclosed memorandum provides guidance on the process for designating areas under the 

new SOz NAAQS. We plan to announce our proposed designations as early as possible after 

receipt of recommendations, but no later than 120 days prior to promulgating the fmal 

designations. Following the announcement of intended designations, Indian Nations will have an 

additional opportunity to consult with EPA on the proposed designation. 

In accordance with section 107(d)(l)(B) of the CAA, we are required to issue final 

designations by no later than June 3, 2012. Our designations will be based on the most recent 

three calendar years of certified, quality~assured monitoring data available, and any other 

relevant information that is provided, including refined air quality dispersion modeling. 

As .the process moves forward, we will keep you and your staff informed of any 

additional guidance or other support activities. We look forward to working with you and your 

staff to develop area designations under the new SOz standard in a timely manner. If your Indian 

Nation is interested in consultation or participating in further discussions or meetings with EPA 

officials about the designations process, please do not hesitate to contact me or have your staff 

contact Raymond Werner, Chief Air Programs Branch, at 212-637-3706. 

Enclosure 

Cc: Anthony Memmo, Director 

Seneca Nation of Indians 

Environmental Protection Department 

84 Iroquois Drive 

Irving, NY 14081 

Sincerely, 

Of (-h. 9t. t',..,....~ Judith A. Enck 

Regional Administrator