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 ChiefHicks: 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 PM 10 (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 ofknowledge 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 ofpromulgating a new or revised air quality standard, the Clean Air Act (CAA) requires the Governor ofeach state to submit to the EPA a list ofall 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 ifthey choose to do so. Participating tribes are requested to follow the same schedule as states, ifpossible. 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 ifyou 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 Recyled/Recyclable • Printed w ith Vegetable 0
. 1Based Inks on Recycled Paper (Minimum 30% Postconsumer)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 re quest 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 ofthe 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 vio la tions
. 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 ofIndian country as uncl assifiable/attainment along with the surrounding state area. This data does not indicate any violation ofthe 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 designat ions process. When requested
. co nsultation wiU be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (www
.epa. gov/tribal/consultati on/ 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 con sidering 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 ofreducing PM2 

### s air pollution. Current and upcoming federal standards, and safeguards

- including pollution reduction rules for power plants, vehicles, and fuels, wi ll assure steady progress to reduce 

### PM2
.sforming pollution and will protect publi c health in communities across the country. We look forward to working together with you and your staffto implement the 2012 annual P M2
.s standard
. If your tribe is interested in consultation or participating in further discussions or meetings with the EPA officialsabout 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 staffcontact 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 ofAir Quality Planning and Standards