UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

. 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 

### JAN 9 2009 REGIONAL ADMINISTRATOR



### CERTIFIED MAIL

- RETURN RECEIPT REQUESTED

The Honorable Ted Kulongoski Governor ofOregon 160 State Capitol 900 Court Street Salem, Oregon 97301-4047

Dear Governor Kulongoski:

On March 12, 2008 the Environmental Protection Agencyrevised the national ambient 

### air quality standards (NAAQS) for ozoneto provide increased protection ofpublic health and welfare from ozone pollution. The new primaryozone standard was lowered from 0.08 parts per million 

### (ppm) to 0.075 ppm based on numerous epidemiological studies conducted during the past decade in which manyofthe health effects associated with ozone exposure have been demonstrated at and below 

### the level ofthe 0.08 ppm standard, which was promulgated in 1997. These include a range ofserious respiratory effects and increased premature mortality. EPA also strengthened**th~** secondary 8-hour ozone standard, making it identical to the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems.

Within oneyear ofpromulgation ofa new orrevised NAAQS, section 107(d)(I)(A) of the Clean Air Act requires the Governor ofeach state to submit to EPA a list ofall areas in the state, recommending designations for each as "attainment," ''nonattainment,'' or "unclassifiable" with respect to the new orrevised standard. Therefore, we ask that you provide your. designation recommendations, including appropriate area boundaries, to EPA byMarch 12, 2009, with respect to therevised ozone NAAQS. Establishing area designations is a key step in the process ofproviding the healthprotections that the Clean AirAct mandates. Areas that are designated as not attaining the air quality standards will berequired to adopt plans to reduce ambient concentrations ofozone.

The enclosed memorandum provides guidance to state and local air pollution control agencies and Tribes on theprocess for designating areas underthe 2008 revised ozonestandard.

, We plan to announce our inten4ed designations as early as possible after receipt ofyour recommendations, but no later than 120 days prior to promulgating final designations. Following the announcement ofintended designations, states and Tribes will have the opportunity to comment on anymodifications EPA proposes to their recommendations. 

### In accordance with section 107(d)(1)(B) ofthe Clean Air Act, we intend to issue final designations byMarch 12, 2010 (although 

### that deadline maybeextended up to one additional year ifEPA determines that insufficient infonnation is available to establish designations bythat date).OUr 

### designations will bebased on the most recent 3 years ofcertified, quality assured monitoring data available. Ozone nonattainment areas will be classified at the time ofdesignation. The approach EPA will use to classify nonattainment areas under the 2008 revised ozone NAAQS 

### will be established through a separate notice-and-comment rulemaking.

We look forward to working with you and your staffto develop area**d~ignations** 

### under the 2008 revised ozone standards 

### in a timely manner. Ifyou have any questions, please do not hesitate to contact me. Your air quality staffmay wish to contact State and Tribal 

### Air Program Manager, Mahbubul Islam at (206) 553-6985 or Krishna Viswanathan at (206) 553-2684.
Smcerely,

# ~~ Elin D. Miller Regional Administrator

Enclosure

cc: Mr.**DickPed~en**



### . Director, Oregon Department ofEnvironmental Quality

Mr. Andy Ginsburg Air Quality Division Administrator Oregon Department ofEnvironmental Quality