UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEWYORK, NY 10007-1866

Honorable Luis Fortuno Governor ofPuerto Rico La Fortaleza P.O. Box 9020082 San Juan, Puerto Rico 00902
Dear Governor Fortuno: I am writing you today to provide you with information onthe process for designating areas in Puerto Rico that meetormay not meetthe U.S. Environmental Protection Agency's (EPA) health-relatedNational AmbientAir Quality Standards for lead. In orderto protectthe public health and welfare EPA periodically evaluates health studies and where appropriate, revises its National AmbientAir Quality Standards accordingly. On October 15,2008 EPA. promulgated a more stringent air quality standard for lead. This new standard is based onthe mostrecent scientific studies andprovides additional protection against adverse health effects associated with exposure to airborne lead. To provide increased protection against lead-related welfare effects, EPA also revised the welfare-related secondary standard to be identical in all respects to the more stringenthealth-related standard. The next step in implementing the revised lead National AmbientAir Quality Standard is for each state to recommend to EPA those areas in the state thatmeet or may not meetthis more stringent airquality standard for lead, The process for designating areas is contained in Section 107(d)(l) ofthe Clean Air Act. This section ofthe CleanAirActprovides aprocess for each governor to recommend "attainment", "nonattainment", or "unclassifiable" designations, with appropriate boundaries, to the EPA and requires thatthese recommendations be submitted to EPA within one year ofapromulgation ofarevised National AmbientAir Quality Standard. Therefore, we askthat you provide your recommendations to EPA for all areas in Puerto Rico by October 15,2009. Once EPA receives and evaluates your recommendation itmay propose modifications to the recommended designations and boundaries. EPA will notify states by no laterthan 120 days priorto promulgating its final designations, ofany proposed modifications. You would then have the opportunity to comment on any modification that EPA proposes to Puerto Rico's original designationrecommendation.
Ihave enclosedwith this letteradditional guidance to states, local airpollution control agencies and Indian tribes on the time frame and process for designating areas underthe revised lead standard. EPA plans to announce our proposed designations asearly as possible, but no laterthan 120 days priorto promulgating initial designations. As previously mentioned

- this 120 day period is established to allow states an opportunity to review and comment upon any changes EPA proposes to make to youroriginal recommendation.

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.. (URl). http://www.spa.gov RecycledlRecycleble •Prtnted with Vegetable 011 8-.d Inka on Recycled p.... (Minimum 50% Pw_nsUrMf' c=onter1t)2 My staffhas already provided this same information on an informal basis to representatives ofthe Environmental Quality Board and will continue to provide them with technical assistance and information as this process unfolds. Under section 107(d)(I)(B) ofthe Act, EPA is required to issue final designations within two years ofpromulgation ofthe final National AmbientAir Quality Standard. 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 by no laterthan October 15, 2010, where air quality data from the existing monitoring network is sufficient or where no additional data is expected to be available.
EPA will designate the remaining areas, where additional air quality information is expected from an expanded lead air monitoring network, by no laterthan October 15, 2011. States and Indian tribes will have an opportunity to update theirrecommendations for these remaining areas by October 15,2010. Establishing area designations is a key step in the process of providing the health protection that the Clean Air Act is intended to provide. Areas that are designated as not attaining the lead National Ambient Air Quality Standard will be required to adopt plans to reduce ambient concentrations of lead. We will keep Puerto Rico informed of any additional guidance and other support activities. Should you have any questions regarding this matter, please do not hesitate to contact me at 212-637-5000 or have your staff contact Raymond Werner, ChiefAir Programs Branch, at 212-637-3706. Sincerely,

# VvJ~~---- George Pavlou Acting Regional Administrator
Enclosures
Cc: Mr. Pedro J. Nieves-Miranda, President Puerto Rico Environmental Quality Board