UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION2 290 BROADWAY NEWYORK, NY 10007-1866



### FEB 2 B. 2011 ChiefWilliam Jacobs, Representative ChiefSamuel George, Representative Chester Isaac, Representative CAYUGA NATION P.O. Box 116 

## Akron; NY 14001 Dear Representatives ofthe CayugaNation Council ofChiefs: The purpose ofthis 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 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 want to elisure early transparent and effective communication in proposing area designations for the revised SO, standard. On June 3, 2010, EPA added a newprimaryNAAQS for SO, in order to provide increased prote«tion ofpublic health from SO,pollution. The new standard of75 parts per billion (ppb}, is attained when the 3-year average ofthe 99"' percentile of !-hourdaily 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, !-hour75 ppb SO, 

### standard. Establishing area designations is a key step in the process ofproviding the health protection intended by the Clean AirAct (CAA). Section 107(dXI)(A) ofthe CAA requires EPA to list and designate, within two years ofpromulgation ofa neworrevised NAAQS, all areas 

### in the country, including Indian country, as either: Attaimnent-areasthat meet the standafd; Nonattaimnent-areasthat either do not meet the standard, orare 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 ofyour

# 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 ifyou are interested in participating inthe

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. Ifyou choose to 

### participate, we ask that you provide your designations recommendation to EPA by June 3, 2011. The enclosed memorandum provides guidance onthe 

### process for designating areas under 

### the new SO,NAAQS. We plan to announce our proposed designations as 

### early as

### possible after 

### receipt ofrecommendations, but no later than 

### 120 days priorto promulgatiog the final designations. Following the announcement ofintended designations, 

### Indian Nations will have an 

### additional opportunity to consult with EPA onthe proposed ilesignation. 

### In accordance with section 107(dXl)(B) ofthe CAA, we are 

### required to issue final 

### designations by no later than 

### June 3, 

### 2012. Our

### designations will be based 

### on the

### 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, wewill

### keep you and 

### your staff

### informed ofany additional guidance or other support 

### activities. We look forward to working 

### withyou and 

### your staff

### to develop area 

### designations underthe 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 contactme orhave your staff 

### contact Raymond Werner, ChiefAir

### 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 

# . '