UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX

Neil Peyron Chairman Tule River Indian Tribe P.O
. Box 589 Porterville, California 93258 Dear Chairman Peyron: 75 Hawthorne Street San Francisco, CA 94105·3901



## AUG 1 9 2014 OFFICE OF THE REGIONAL ADMINISTRATOR

This letter is to notify you ofthe U.S. Environmental Protection Agency's (EPA) preliminary decision to designate the Tule River Indian Tribe's area oflndian country as nonattainment for the 2012 annual fine particle National Ambient Air Quality Standard (2012 annual PM2
.5 NAAQS) and to inform you ofour approach for completing the designations. Although your involvement is not required, we would like to invite you to participate in the designations process and to offer you consultation
. In a letter dated May 22, 2014, the EPA encouraged you to participate in the designations process, request consultation, and submit recommendations ifyou chose to do so. We did not receive a recommendation letter or consultation request from you. However, because the EPA is required to designate all areas ofthe country, we intend to promulgate an appropriate designation for your area of Indian country. This is not the final step in the designation process, and you still have time to provide air quality information to the EPA and request consultation
. More information regarding this designation is included below. After considering relevant technical information, including 2011

- 2013 air quality data, the EPA intends to designate your area ofIndian country as nonattainment along with the surrounding state area. A Teclmical Support Document, which provides additional detail regarding the status ofdata for your area oflndian country and the rationale to support the**EPA~s** nonattainment designation, is enclosed and is available on the EPA's website at http:/ /www.epa.gov/airquality/ paiiiclepollution/designations/20 12standards/tribal.htm. Ifyou have additional information that the EPA should consider, we ask that you submit it to us by October 29, 2014. Please notify us by September 29, 2014 ifyou are interested in consulting with us regarding the designations process . When requested, consultation will be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (www.epa
.gov/tribal/consultation /consultpolicy
.htm). As background, on December 14, 2012, the EPA promulgated a revised primary annual PM2
.sNAAQS (78 FR 3086, January 15, 2013)
. In that action, the EPA revised the primary annual PM2.s standard, strengthening it from 15.0 micrograms per cubic meter (!lg/m3) to 12.0 jlg/m3 ; retained the existing 24- hour PM2
.sstandard at 35 11g/m3 ; retained the existing 24-hour PM10 (coarse particle) standard at 150 11g/m3 ; and retained the current suite ofsecondary PM standards
. The EPA revised the primary annual PM2.sstandard based on an integrated assessment ofan extensive body ofnew scientific evidence, which substantially strengthens our body ofknowledge regarding PM2.s

-related health effects. The revised
Printed on Recycled Paperprimary annual PM2.s standard will provide increased protection for children, older adults, persons with pre-existing heart and lung disease, and other at-risk populations against an array ofPM2.s-related adverse health effects, including premature mortality, increased hospital admissions and emergency department visits, and development and exacerbation ofchronic respiratory disease. As required by the Clean Air Act, the EPA promulgates designations for all areas across the country. The EPA designates an area as "nonattainment" ifit is violating the NAAQS or ifit is contributing to a violation ofthe NAAQS in a nearby area. Consistent with designations for previous PM2.s standards, the EPA intends to use a designation category of"unclassifiable/attainment" for areas that are monitoring attainment or do not have monitors, and that the EPA has reason to believe are likely attainment and are not contributing to nearby violations. Additionally, the EPA intends to designate as "unclassifiable" those areas where the EPA either cannot determine based on available information whether the area is meeting the NAAQS, or has not determined whether the area contributes to a nearby violation. At this time, the EPA is proceeding with intended initial area designations using quality-assured, cetiified air quality monitoring data from 2011 to 2013. The EPA will make its preliminary designation decisions and suppmiing documentation available to the general public for review and comment. We will be announcing a 30-day public comment period shortly in the Federal Register. After considering additional information we receive, the EPA plans to promulgate final annual PM2.s designations in December of2014. The EPA is committed to working with the states and tribes to share the responsibility ofreducing PM2 .5 air pollution. Current and upcoming federal standards and safeguards- including pollution reduction rules for power plants, vehicles, and fuels- will assure steady progress to reduce PM2.s-forming pollution and will protect public health in communities across the country. We look forward to working together with you and your staffto implement the 2012 annual PM2.5 NAAQS. Ifyour Tribe is interested in consultation or participating in further discussions or meetings with the EPA officials about the designations process, please contact me or have your staffcontact Kerry Drake ofmy staffat 415- 947-4157, or drake.kerry@epa.gov. Sincerely,

Enclosure

cc: Kerri Vera, Environmental Director, Tule River Indian Tribe