S71

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

l1 REGION IX ‘I’> c’ 4pnO 75 Hawthorne Street

San Francisco, CA 951 05-3901

OFFICE OF THE

REGIONAL ADMINISTRATOR

MAY 22 2014

Neil Peyron

Chairman

Tule River Indian Tribe

Post Office Box 589

Porterville. Califbrnia 93258

Dear Chairman Peyron:

The purpose of this letter is to provide you with information concerning the U.S. Environmental

Protection Agency’s (EPA) designations process for the 2012 primary annual PM2.5national ambient air

quality standard (NAAQS). Your Tribe may find it important to engage with us in the process of

assigning designations for Indian country. Although your involvement is not required, we would like to

invite you to participate in the designations process and to offer you consultation. We want to ensure

transparent and effective communication in developing area designations for the revised PM2.5NAAQS.

Area recommendations for the PM- 5 NAAQS were due to EPA on December 13, 2013: however, EPA

is prepared to accept designation recommendations via letter from tribal leaders until June 13, 2014.

On December 13, 2012, EPA revised the PM25 NAAQS to increase protection of public health from tine

particle pollution. The annual PM25 standard was strengthened from 15 ug/m 3to 12 ug/m. Establishing

initial area designations is a key step in the process of providing the health andlor welfare protection

intended by the Clean Air Act (CAA). Within two years of promulgation of a new or revised NAAQS,

EPA must list and designate all areas in the country as either:

Attainment - areas that meet the standard;

Nonattainment - areas that either do not meet the standard, or are contributing to a nearby area

that does not meet the standard; or

Unclassifiable - areas where there is insufficient information to make a determination as to

attainment.

These designations are based on current air quality information, recommendations from state governors

and tribal leaders, and other relevant information as discussed in the April 2013 designations guidance,

Initial Area Designationsfor the 2012 Revised Primary Annual Fine Particle National Ambient Air

QualTh’ Standard. The guidance is available on the EPA’s PM Designations website at

i u \!pmdLsien itioi s/2’)l2standaids/doc/apiil20 I 3uuid LnLL jxll Additional information

about developing tribal air quality designations is available in the September 2013 document,

Developing Designation Recommendations jOr Areas ojindian Country. which is available here:

We are sending you this letter because we believe that your Tribe’s area of Indian country may be in

nonattainment for the 2012 PM2.5NAAQS and you may want to engage with us through the consultation

Pit ii ted on Reeve/ed Paper
process. We will keep you informed as we finalize designations for your Tribe’s area and invite and

encourage you to participate. Please notify us by June 13, 2014 if you are interested in consulting with

us regarding a recommended designation. When requested, consultation will he conducted in accordance

with the EPA Policy on Consultation and Coordination with Inc/ian Tribes

nsuit—policv.htm ,.

We plan to formally announce our intended designations for all areas by August 14, 2014. At that time

we will send another letter to you with our intended designation and offer an additional opportunity to

consult with us on the proposed designation status of your Tribe’s area of indian country.

In accordance with section 107(d)(l)(B) ofthe CAA, we are required to issue final designations for the

PM2.5NAAQS no later than December 12, 2014. Our designations will he based on the most recent

three calendar years of certified, quality-assured monitoring data available, and any other relevant

inf&mation.

As the designation process moves forward, we will keep you informed of any additional guidance or

other support activities. We look forward to working with you to develop area designations under the

PM2.5NAAQS in a timely manner. If your Tribe is interested in consultation or has questions about the

designations process, please do not hesitate to contact me or Kerry Drake, Associate Director, Air

Division, of my staff, at 415-947-4157 or drake.kenv(pa.ov.

Enclosure

cc: Kern Vera, Environmental Director
2012 PM2•5NAAQS Tribal Designations Schedule

Action Date

Recommendations for the PM25 NAAQS due December 13, 2013

to EPA (original deadline).

Advance consultation opportunity offered to Late May 2014 (upon receipt of letter)

tribal leaders.

Deadline to request advance tribal consultation. June 13, 2014

Optional tribal recommendations for the PM2.5 June 13, 2014

NAAQS due to EPA (extended deadline).

Advance tribal consultation takes place. June -July, 2014

EPA announces intended designations, August 14, 2014

additional consultation opportunity offered to

tribal leaders.

Additional consultation takes place. September -October, 2014

EPA issues final PM75 designations. December 12, 2014