UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REG!ON 2



## FEB 2 8 2011

Clint Halftown, Representative Timothy Twoguns, Representative Gary Wheeler, Representative CAYUGANATION 

### P. 0. Box 80 Seneca Falls, NY 13148 290 BROADWAY NEW YORK, NY 10007-1866

Dear Representatives ofthe Cayuga Nation Council ofChiefs: The purpose ofthis letter is to provide you with information and guidance on the U.S. Environmental ProtectionAgency's (EPA) designations process forthe revised sulfur dioxide (SO,) national ambient air quality standard (NAAQS). Your Indian Nationmay find it important to engage in the process ofassigning designations for Indian country. Therefore, we would like to invite you to participate in the designations process and to offer you an opportunity to engage in early consultation. We wantto ensure early transparent and effective communication in proposing area designations for the revised 

### SOz standard. On June 3, 2010, EPA added a newprimary NAAQS for 

### S02 in orderto provide increased protection ofpublic health from SOzpollution. The new standard of75 parts per billion {ppb), is attained whenthe 3-year average ofthe 

### 99th percentile of 1-hour daily maximum concentrations does not exceed 75 ppb. No changes were made to the existing 3-hour secondary standard. This action required EPAto designate areas as attainment, nonattairunent or unclassifiable only for the new, 1-hour 75 ppb SOz standard. Establishing area designations is a key step in the process ofprovidingthe health protection intended bythe Clean Air Act (CAA). Section 107(d)(l)(A) ofthe CAA requires EPAto list and designate, withintwo years ofpromulgation ofa new or revised NAAQS, all areas in the country, including Indian country, as either: Attainment-areas that meet the standard; Nonattairunent-areas that either do not meetthe standard, or are contributing to a nearby area that does not meetthe standard; or Unclassifiable-areas where there is insufficient informationto make a determination. These designations are based on current air quality information, recommendations from State Governors and IndianNation Leaders, and other relevant information discussed in the attached guidance document. We request and encourage your recommendation for designation ofyour area for consideration inthis process. While Indian Nations are not obligatedto participate inthe designations process, we invite and encourage you to do so. Please notify us ifyou are interested 

### in participating 

### in the

Internet Address (URL} • http://www.epa.gov Recyc:led/Recyclable • Printed wtth Vegetable 011 Bilsed Ink$ on Recyc:led Paper (Minimum 50% Postconsumer content)

### designations process and/or engaging in consultation regarding the process. Ifyou choose to participate, we askthat you provide your designations recommendation to EPA by June 3, 2011. The enclosed memorandum provides guidance on the process for designating areas under the new S02NAAQS. We plan to announce ourproposed designations as early as possible after receipt ofrecommendations, butno later than 120 days prior to promulgating the final designations. Following the announcement ofintended designations, IndianNations will have an additional opportunity to consult with EPA onthe proposed designation. In accordance with section 107(d)(l)(B) ofthe CAA, we are required to issue final designations by no later than June 3, 2012. Our designations will 

### be based onthe mostrecent three calendaryears ofcertified, quality-assured monitoring data available, and any other relevant information that is provided, including refined 

### air quality dispersion modeling. As the process moves forward, we will keep you and your staffinformed ofany additional guidance or other support activities. We lookforward to working with you and your staffto develop area designations under the new S02 standard in a timely manner. 

### Ifyour Indian Nation is interested in consultation orparticipating in further discussions ormeetings with EPA officials about the designations process, please do not hesitate to contact me or have your staff contact Raymond Werner, ChiefAir Programs Branch, at 212-637-3706. Sincerely,

# JuwY!:c~**~** Regional Administrator Enclosure