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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

SEP 1 8 ;2009

Honorable Kirk Francis, Chief

Penobscot Indian Nation

12 Wabanski Way

Indian Island, ME 04468

Dear Chief Francis:

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 are protected, EP A revised the lead NAAQS on October 15, 2008 (73 FR 66964;

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

meter (ug/m ) quarterly average level set in 1978, to a three-month rolling average level of 0.

ug/m . 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 EP A 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 wil 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, EP A has the

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

designations. As part of the rule establishing the new lead NAAQS, EPA created new

monitoring requirements that call for the establishment of new lead monitors that wil begin

collecting data for areas in New England by 2011. EP A intends to complete initial designations

under the new lead NAAQS by no later than October 15, 2010, for areas where suffcient data

are available. Remaining areas, using information from the expanded lead monitoring network

wil 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. R. Part 49. In addition

Toll Free. 1-888-372-7341

Intemet Address (URL) . http://ww epa.gov/region1

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

treatment of Tribes as identical to States is "inappropriate or administratively infeasible " to

provide for direct administration by regulation to achieve the appropriate purpose. To help

ensure that EP A obtains relevant data for its designation decisions, EP A invites all Tribes -

whether or not the Tribe has obtained T AS eligibility for these purposes - to provide relevant

information (including designation recommendations) to EP A 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 wil have the opportnity to update their recommendation letters as they pertain to these

remaining areas by October 15, 2010.

Establishing area designations isa 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 EP A officials

about specific aspects of this guidance or the designations process, please contact Ida McDonnell

at 617-918- 1653 or Bob McConnell at 617-918- 1046.

;;IY

Ira W. Leighton

Acting Regional Administrator

Enclosure

cc: John Banks, Director of Natural Resources