UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION2 

290 BROADWAY 

NEWYORK, NY 10007-1866 

FEB 2 B. 2011 

Chief William Jacobs, Representative 

Chief Samuel George, Representative 

Chester Isaac, Representative 

CAYUGA NATION 

P.O. Box 116 

Akron; NY 14001 

Dear Representatives of the Cayuga Nation Council of Chiefs: 

The purpose of this letter is to provide you with infonnation aod guidaoce on the U.S. 

Environmental Protection Agency's (EPA} designstions process for the revised sulfur dioxide 

(S02) national ambient air quality standard (NAAQS). Your Indian Nation may find it important 

to engage in the process of assigning 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 want to elisure early transparent and effective communication in 

proposing area designations for the revised SO, standard. 

On June 3, 2010, EPA added a new primaryNAAQS for SO, in order to provide 

increased prote«tion of public health from SO, pollution. The new standard of75 parts per 

billion (ppb}, is attained when the 3-year average of the 99"' percentile of !-hour daily maximum 

concentrations does not exceed 75 ppb. No changes were made to the existing 3-hour secondary 

standard. This action required EPA to designate areas as attaimnent, nonattainment or 

unclassifiable only for the new, !-hour 75 ppb SO, standard. 

Establishing area designations is a key step in the process of providing the health 

protection intended by the Clean Air Act (CAA). Section 107(dXI)(A) of the CAA requires 

EPA to list and designate, within two years of promulgation of a new or revised NAAQS, all 

areas in the country, including Indian country, as either: 

Attaimnent-areas that meet the standafd; 

Nonattaimnent-areas that either do not meet the standard, or are contributing to a nearlly 

area that does not meet the standard; or 

Unclassifiabl~areas where there is insufficient information to make a determination. 

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

State Governors and Indian Nation Leaders, and other relevant information discussed in the 

attached guidance document We request and encourage your recommendation for designation 

of your area for consideration in this process. 

While Indian. Nations are not obligated to participate in the designations process, we 

invite and encourage you to do so. Please notifY us if you are interested in participating in the 

Internet Address (URL) • htlp:l'-.epe.gov 

RecyclediR.qrclll~ • Printed witt! V~ Otf BaNd lnQ on RK)'dtd ...... {Minimum 50% PoAconsumet cone.nt) 
designations process and/or engaging in consultation regarding the process. If you choose to 

participate, we ask that 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 SO, NAAQS. We plan to announce our proposed designations as early as possible after 

receipt of recommendations, but no later than 120 days prior to promulgatiog the final 

designations. Following the announcement of intended designations, Indian Nations will have an 

additional opportunity to consult with EPA on the proposed ilesignation. 

In accordance with section 107(dXl)(B) of the CAA, we are required to issue final 

designations by no later than June 3, 2012. Our designations will be based on the most recent 

three calendar years of certified, 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 staff informed of any 

additional guidance or other support activities. We look forward to working with you and your 

staff to develop area designations under the new SO, standard in a timely manner. lf your Indian 

Nation is interested in consultation or participating in further diseussions or meetings with EPA 

officials about the designations process, please do not hesitate to contact me or have your staff 

contact Raymond Werner, Chief Air Programs Branch. at 212-637-3706. 

Enclosure 

cc: Dan Hill, HETF Environmental Technician 

Cayuga Nation 

P.O. Box 116 

Akron, NY 14001 

Dave Arquette, Director 

HETF 

P.O.Box366 

Rooseveltown, NY 13683 

Sincerely, 

Judith A. Enck 

Regional Administrator 

. 

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