UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2



## FEB 2 8 2011

Mr. Robert Odawi Porter, President SenecaNation ofIndians Allegany Territory SenecaNation 90 Ohi:Yo' Way Salamanca, NY 14779 Dear President Porter: 290 BROADWAY NEW YORK, NY 10007·1866

The purpose ofthis letter is to provide youwith 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 ofassigning 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 wantto ensure early transparent and effective communication 

### in proposing area designations for the revised 

# so2 standard. On June 3, 2010, EPA added a newprimaryNAAQS for 

### SO, in order to provide increased protection ofpublic health from 

### SOz pollution. The new standard of75 parts per billion (ppb), is attained when the 3-year average ofthe 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 inthe process ofproviding the health protection intended by the Clean Air Act (CAA). Section 107(d)(!)(A) ofthe CAA requires EPAto list and designate, within two years ofpromulgation ofa newor revised NAAQS, all areas in the country, including Indian country, as either: Attainment-areas that meetthe 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 ofyour area for consideration inthis process. While Indian Nations are not obligatedto participate 

### inthe designations process, we invite and encourage you to do so. Please notify us ifyou are interested in participating inthe

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. Ifyou choose to participate, we askthatyouprovide your designations recommendation to EPA by June 3, 2011. The enclosed memorandumprovides guidance on the process for designating areas under the new SOzNAAQS. We planto announce our proposed designations as early as possible after receipt ofrecommendations, but no later than 120 dayspriorto promulgating the fmal designations. Following the announcement ofintended designations, Indian Nations will have an additional opportunity to consult with EPA on the proposed designation. 

### In accordance with section 107(d)(l)(B) ofthe CAA, we are required to issue final designations byno later thanJune 3, 2012. Our designations will be based on the most recent three calendar years ofcertified,**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 staffinformed ofany additional guidance or other support activities. We look forward to working withyou and your staffto develop area designations under the new SOz standard 

### in a timely manner. Ifyour Indian Nation is interested in consultation or participating in further discussions ormeetings withEPA officials about the designations process, please do not hesitate

### to contact me or have your staff contact Raymond Werner, ChiefAir Programs Branch, at 212-637-3706.

Enclosure Cc: Anthony Memmo, Director Seneca Nation ofIndians Environmental Protection Department 84 Iroquois Drive Irving, NY 14081 Sincerely, 

### Of(-h.

# 9t.**t',..,....~** Judith A. Enck Regional Administrator