UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION4 

The Honorable Michell Hicks 

Principal Chief 

Eastern Band of Cherokee Indians 

PO Box 455 

Cherokee, North Carolina 28719 

Dear Principal Chief Hicks: 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

AUG 1 9 2014 

On December 14, 2012, the U.S. Environmental Protection Agency promulgated a revised primary 

annual fine particulate matter (PM2.s) National Ambient Air Quality Standards (NAAQS) (78 FR 3086, 

January 15, 20 13). In that action, the EPA revised the primary annual PM2.s standard, strengthening it 

from 15.0 micrograms per cubic meter (J.lg/m3) to 12.0 )lg/m3

; retained the existing 24-hour PM2.s 

standard at 35 )lg/m3

; retained the existing 24-hour PM10 (coarse particle) standard at 150 )lg/m3; and 

retained the current suite of secondary PM standards. The EPA revised the primary annual PM2.5 

standard based on an integrated assessment of an extensive body of new scientific evidence, which 

substantially strengthens our body of knowledge regarding PM2.s-related health effects. The revised 

primary annual PM2.s standard will provide increased protection for children, older adults, persons with 

pre-existing heart and lung disease, and other at-risk populations against an array ofPM2.s-related 

adverse health effects, including premature mortality, increased hospital admissions and emergency 

department visits, and development and exacerbation of chronic respiratory disease. 

History shows us that better health and cleaner air go hand-in-hand with economic growth. Working 

closely with the states and tribes, the EPA is implementing the standards using a commonsense 

approach that improves air quality and minimizes the burden on state, local, and tribal governments. 

As part of this routine process, the EPA is working with the states and tribes to identify areas in the 

country that meet the standards and those that need to take steps to reduce PM2.s air pollution. Within 

one year of promulgating a new or revised air quality standard, the Clean Air Act (CAA) requires the 

Governor of each state to submit to the EPA a list of all areas in the state, with recommendations for 

whether each area meets the standard. Although tribes are not required to submit recommendations, the 

EPA encourages tribes to participate in the designations process, and provides them with an 

opportunity to submit recommendations if they choose to do so. Participating tribes are requested to 

follow the same schedule as states, if possible. States and tribes were asked to submit their designation 

recommendations, including appropriate area boundaries, by December 13, 2013. 

In a letter dated May 29, 2014, the EPA encouraged you to participate in the designations process, 

request consultation, and submit recommendations if you chose to do so. We did not receive a 

recommendation letter or consultation request from you. However, because the EPA is required to 

Internet Address (URL) • http://www.epa.gov 

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designate all areas of the country, we intend to promulgate an appropriate designation for your area of 

Indian country. This is not the final step in the designation process, and you still have time to provide 

air quality information to the EPA and request consultation. More information regarding this 

designation is included below. 

As required by the CAA, the EPA promulgates designations for all areas across the country. The EPA 

designates an area as "nonattainment" if it is violating the NAAQS or if it is contributing to a violation 

of the NAAQS in a nearby area. Consistent with designations for previous PM2.s standards, the EPA 

intends to use a designation category of"'unclassifiable/attainment" for areas that are monitoring 

attainment or do not have monitors, but for which the EPA has reason to believe are likely attaining the 

standard and are not contributing to nearby violations. Additionally, the EPA intends to designate as 

'"unclassifiable" those areas where the EPA either cannot determine based on available information 

whether the area is meeting the NAAQS, or has not determined whether the area contributes to a 

nearby violation. At this time, the EPA is proceeding with intended initial area designations for most 

areas using quality-assured, certified air quality monitoring data from 2011 to 2013. 

After considering relevant technical information, including 2011- 2013 air quality data, the EPA 

intends to designate your area of Indian country as unclassifiable/attainment along with the 

surrounding state area. This data does not indicate any violation of the 2012 annual PM2.s NAAQS in 

the Eastern Band of Cherokee Indian's area of Indian country or contribution to any nearby area. 

Consequently the EPA intends to designate the Eastern Band of Cherokee Indian's entire area of 

Indian country as unclassifiable/attainment. 

Please notify us by September 29,2014, if you are interested in consulting with us regarding the 

designations process. When requested. consultation wiU be conducted in accordance with the EPA 

Policy on Consultation and Coordination with Indian Tribes (www.epa.gov/tribal/consultation/ 

consult -policy .htm ). 

The EPA will make its preliminary designation decisions and supporting documentation available to 

the general public for review and comment. We will be announcing a 30-day public comment period 

shortly in the Federal Register. After considering any additional information we receive, the EPA 

plans to promulgate final annual PM2.5 designations in December of2014. 

The EPA is committed to working with the states and tribes to share the responsibility of reducing 

PM2 s air pollution. Current and upcoming federal standards, and safeguards - including pollution 

reduction rules for power plants, vehicles, and fuels, will assure steady progress to reduce PM2.sforming pollution and will protect public health in communities across the country. We look forward to 

working together with you and your staff to implement the 2012 annual PM2.s standard. If your tribe is 

interested in consultation or participating in further discussions or meetings with the EPA officials 
about the designations process, please do not hesitate to contact me at (404) 562-8357 or Beverly H. 

Banister, Director, Air Pesticides and Toxics Management Division at (404) 562-9077, or have your 

staff contact Scott Davis, Chief, Air Planning Branch at (404) 562-9127. 

Sincerely, 

j/u)L~~ Heather McTeer Toney 

Regional Administrator 

cc: Jamie Long, Manager, Environmental and Natural Resources 

Janet G. McCabe, Acting Assistant Administrator for Air and Radiation 

Stephen D. Page, Director, Office of Air Quality Planning and Standards