UN\TED STATES ENViRONMENTAL PROTECTiON AGENCY
 

REGiON IX
 

75 Hawthorne Street 

San FranciscO, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Nelson Pinola, Chairperson 

Manchester Tribal Council 

P. O. Box 623 

Point Arena, CA 95468 

Dear Chairperson Pinola: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 20 10, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. ,. 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainrnent, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

Weare including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Patrick Archuleta, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0 9 2009 

Leroy Elliott, Chainnan 

Manzanita Tribal Council 

P. O. Box 1302 

Boulevard, CA 91905 

Dear Chainnan Elliott: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of O. I5 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years offinalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perfonn this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

Weare including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Keith Adkins, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP Q9 2009 

Dennis Ramirez, Chairperson 

Mechoopda Tribal Council 

125 Mission Ranch Blvd. 

Chico, CA 95926 

Dear Chairperson Ramirez: 

1 am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Ul'lder section 107(d)(1)(B) ofthe Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 ofthe Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Mike Despain, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Mark Romero, Chairperson 

Mesa Grande Tribal Council 

P. O. Box 270 

Santa Ysabel, CA 92070 

Dear Chairperson Romero: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 20 I0, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15,2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language ofsection 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301 (d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 30 I(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshil 

Acting Regional Administrator 

Enclosure 

cc: Darrel Langley, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SE'P 0 9 2009 

Carl Rivera, Chainnan 

Middletown Rancheria 

P.O. Box 1035 

Middletown, CA 95461 

Dear Chainnan : 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a fonnal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient infonnation to make
 

designations. EPA intends to complete initial designations undefthe new leadNAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using infonnation from the expanded lead monitoring network, will be designated by no later
 

than October 15,2011.
 

Under section 107 ofthe Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perfonn this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations .and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

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 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Chris Simon, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Philbert Swain, Chairman 

Moapa Tribal Council 

P.O. Box 340 

Moapa, NY 89025 

Dear Chairman Swain: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 20 I0, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15,2011.
 

Under section 107 ofthe Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C~F.R. Part 49. In addition,
 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yosh 

Acting Regional Administrator 

Enclosure 

cc: Ian Zabarte, Environmental Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Gary Archuleta, Chainnan 

Mooretown Rancheria 

1 Alverda Drive 

Oroville, CA 95966 

Dear Chainnan Archuleta: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unc1assifiab1e, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal
 

ru1emaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient infonnation to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using infonnation from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 ofthe Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiab1e for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perfonn this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 30 1(d)(4) gives EPA discretionary authority, in cases where it detennines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yosh 

Acting Regional Administrator 

Enclosure 

cc: Guy Taylor, Tribal EPA Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Robert Martin, Chairperson 

Morongo General Council 

11581 Potrero Road 

Banning, CA 92220 

Dear Chairperson Martin: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15,2010, for areas where sufficient data are available. Remainingareas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301 (d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

Weare including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 201 0, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 

cc: Liz Bogdanski, Environmental Manager 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

John D. Beresford, President 

N AEPC 

42143 Avenida Alvarado #2A 

Temecula, CA 92590 

Dear President Beresford: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) ofthe Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under-section 107(d)(1 )(8) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year ifthere is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15,2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to
 

Prinl~d on R~cycl~d Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Jill Shennan, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 09 2009 

Elaine Fink, Chairperson 

North Fork Rancheria 

P. O. Box 929 

North Fork, CA 93643 

Dear Chairperson Fink: 

1am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) o~fthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment~in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30 1(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Roselynn Lwenya, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Stanley T. Summers, Chairperson 

Owens Valley Indian Commission 

46 TuSu Lane 

Bishop, CA 93514 

Dear Chairperson Summers: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(1 )(8) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year ifthere is insufficient infonnation to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using infonnation from the expanded lead monitoring network, will be designated by no later
 

than October 15,2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perfonn this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 30 1(d)(4) gives EPA discretionary authority, in cases where it detennines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Prinud on R~cyc/~d Papu 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 

cc: Teri Cawelti, Executive Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR stP 09 2009 

Robert H. Smith, Chairman 

Pala Band Of Mission Indians 

12196 Pala Mission Rd. 

Pala, CA 92059 

Dear Chairman Smith: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Print~d on R~cyc/~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Lenore Voltumo, Pala EPA Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Peter Yucupicio, Chainnan 

Pascua Yaqui Tribe 

7474 S. Camino De Oeste 

Tucson, AZ 85746 

Dear Chainnan Yucupicio: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EP A revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient infonnation to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 ofthe Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Prinl~d on R~cycl~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

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 in,terested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura YOShl 

Acting Regional Administrator 

Enclosure 

cc: William Campbell, Environmental Specialist 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 09 2009 

Everett Freeman, Chairman 

Paskenta Tribal Council 

P. O. Box 398 

Orland, CA 95963 

Dear Chairman Freeman: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgate_sa new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA
 

issues final designations within two years offinalizing aNAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Prinud on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the time1ine and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely,
 

Laura Yos .
 

Acting Regional Administrator
 

Enclosure 

cc: Leslie Loshe, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Chris Devers, Chairman 

Pauma Band Tribal Council 

P. O. Box 369 

Pauma Valley, CA 92061 

Dear Chairman Devers: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30 I(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Juana Majel Dixon, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE SEP 9 2009 REGIONAL ADMINISTRATOR 

Mark A. Macarro, Spokesman 

Pechanga Tribal Council 

P. O. Box 1477 

Temecula, CA 92593 

Dear Spokesman Macarro: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) ofthe Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian cou~try

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on R~cycl~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Syndi Smallwood, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0- 9 2009 

Morris Reid, Chairperson 

Picayune Rancheria 

46575 Road 417 

Coarsegold, CA 93614 

Dear Chairperson Reid: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with expo~ure to lead. 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. 

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 

ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) ofthe Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 30 l(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30l(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paptr 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 201 O. 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

!:::::1lP 

Acting Regional Administrator 

Enclosure 

cc: Samuel Elizondo, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

s~p REGIONAL ADMINISTRATOR 09 2009 

Leona Williams, Chairperson 

Pinoleville Porno Nation 

500 B Pinoleville Drive 

Ukiah, CA 95482 

Dear Chairperson Williams: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107. 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

..... 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yosh 

Acting Regional Administrator 

Enclosure 

cc: David Edmunds, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 09 2009 

Jessica Jim, Chairperson 

Pit River Tribe 

37118 Main Street 

Burney, CA 96013 

Dear Chairperson Jim: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on R~cycl~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Michelle Berditschevsky, Environmental Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR Sf? 0 9 2009 

Salvador Rosales, Tribal Chairman 

Potter Valley Tribal Council 

2251 S. State Street 

Ukiah, CA 95482 

Dear Tribal Chairman Rosales: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

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

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years offinalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or uncIassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language ofsection 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on R~cycl~d Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yo ii 

Acting Regional Administrator 

Enclosure 

cc: Gregg Young, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR StP 09 ?m9 

Mervin Wright Jr., Tribal Chainnan 

Pyramid Lake Paiute Tribe 

P.O. Box 256
 

Nixon, NV 89424
 

Dear Tribal Chainnan Wright: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

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). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) ofthe Act, EPA 

.- issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, astate may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-simi1ar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance- to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: John Mosley, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 09 ?mq 

Harold Bennett, Chairman 

Quartz Valley Indian Community 

13601 Quartz Valley Road 

Fort Jones, CA 96032 

Dear Chairman Bennett: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1 )(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later, 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on R~cyc/~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

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 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Acting Regional Administrator 

Enclosure 

cc: Crystal Bowman, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SfP 0 9 ?009 

Mike Jackson, Sr., Chainnan 

Quechan Tribal Council 

P.O. Box 1899 

Yuma, AZ 85366 

Dear Chainnan Jackson: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that 1 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the time1ine and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the he<:ilth 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yo ii 

Acting Regional Administrator 

Enclosure 

cc: Arlene Kingery, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 09 2009 

Joseph Hamilton, Tribal Chainnan 

Ramona Band Of Cahuilla 

P. O. Box 391372 

Anza, CA 92539 

Dear Tribal Chainnan Hamilton: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. 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. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos Ii 

Acting Regional Administrator 

Enclosure 

cc: Theresa Dodson, Environmental Contact 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0 9 ?ry)9 

. Tracy Edwards, CEO 

Redding Rancheria 

2000 Redding Rancheria Road 

Redding, CA 96001 

Dear CEO Edwards: 

I am writing you today to inform you about the process for designating areas under the
 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may
 

provide input during the lead NAAQS designation process. In order to ensure that public health
 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964;
 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per
 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3. This new standard is based on the most
 

recent scientific studies and provides increased protection against adverse health effects
 

associated with exposure to lead. 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.
 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal
 

rulemaking process outlined in Section 107(d) ofthe Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient information to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using information from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301 (d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Prin,~d on R~cyc/~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October IS, 2009. For areas not expected to be designated by October 20 I0, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October IS, 20 IO. 

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 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura YOShli 

Acting Regional Administrator 

Enclosure 

cc: Tori Maxwell, Project Manager