UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE 

### SfP 0 9 2009 REGIONAL ADMINISTRATOR

Elizabeth Hansen, Chairperson Redwood Valley Rancheria 3250 Road 1 Redwood Valley, CA 95470
Dear Chairperson Hansen: I am writing you today to inform you about the process for designating**ar~as** under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tnbemay provide input during the lead NAAQS designation process. In orderto ensure that publichealth and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to therevised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for therevised lead standard, orcontributes to a nearby area that does notmeet the standard, it will bedesignated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficientinfonnation to make designations. EPA intends to complete initial designations underthe new lead NAAQS byno laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15, 2011.
Under section 107 ofthe Act, a statemayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on**R~cycled** Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensurethat EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot thetribe has obtainedTAS eligibility for these purposes - to providerelevant information (including designation recommendations) to EPA regarding appropriate designations for your areas.
Weareincluding an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under therevised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA by October 15, 2009. Forareas not expectedto be designated by October 2010, states and tribes will have the opportunityto update their recommendation letters as theypertainto these remaining areas byOctober 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protection that theAct is intendedto provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance or the designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~~ ActingRegional Administrator Enclosure

cc: Steve Nevarez, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 09 2009 Arlan Melendez, Chainnan Reno-Sparks Tribal Council 98 Colony Road Reno, NV 89502
Dear Chainnan Melendez: 1am writing you today to infonn you about theprocess for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that publichealth and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS byno laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will be designated by no later than October 15, 2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interested tribes may also perfonnthis function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) oftheAct and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinred on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant infonnation (includingdesignationrecommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated by October 2010, states and tribes will havethe opportunity to update theirrecommendation letters as they pertainto these remaining areas by October 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidanceorthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos i Acting Regional Administrator Enclosure

cc: Russell Brigham, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SFP 0 9 2009
Rick Dowd, Chairman Resighini Rancheria P. O. Box 529 Klamath, CA 95548
Dear Chairman Dowd: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input duringthe lead NAAQS designation process. In order to ensure that publichealth and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primarylead standard was lowered from the 1.5 micrograms per cubicmeter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increasedprotection against adverse health effects associated with exposure to lead. To provide increasedprotection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, wethen designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does notmeet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoringnetwork, will be designated byno later than October 15, 2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interestedtribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 30I(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Rt'cyded Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant infonnation (including designation recommendations) to EPA regarding appropriatedesignations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes shouJd submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15, 2009. For areas not expected to be designatedby October 2010, states and tribes will have the opportunity to update their recommendation letters as they pertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos i Acting Regional Administrator Enclosure

cc: Rob Cozens, REPA Environmental Director

-.­UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SFP () 9 

### 1.009

Bo Mazzetti, Vice Chairman Rincon Band Tribal Council P. O. Box 68 Valley Center, CA 92082
Dear Vice Chairman Mazzetti: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare wereprotected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primarylead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does notmeet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedbyno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate oradministratively infeasible," to**Print~d** on**R~cyc/~d Pap~r** provide for direct administrationby regulation to achieve the appropriatepurpose. To help ensurethat EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtainedTAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15, 2009. For areas not expectedto be designatedby October 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertainto these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely, 

# Lf.::::::j#

Acting Regional Administrator
Enclosure

cc: Kristie Orosco, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE 

## SEP 09**~9** REGIONAL ADMINISTRATOR

Tracy Avila, Chairwoman Robinson Rancheria P.O. Box 428 Nice, CA 95464
DearChairwoman Avila:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to therevised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignatedbyno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonnthis function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Pn'nled on Recycled Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosureto this letter, which provides guidance to tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designatedbyOctober 2010, states and tribes will have the opportunity to update their recommendation letters as theypertainto these remaining areas by October 15,2010. Establishing area designations is akey step inthe process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh' Acting Regional Administrator EnclosureUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

## SFp 09 

## 2009

James Moon, Jr., Chainnan Rohnerville Rancheria 32 Bear River Drive Loleta, CA 95551
Dear ChainnanMoon:
I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the leadNAAQS designation process. In order to ensure that public health and welfare wereprotected, EPArevised the lead NAAQS on October 15,2008 (73 FR 66964; November 12,2008). The new primarylead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adversehealth effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standardto beidentical in all respects to the revised primary standard.
When EPA promulgates a new orrevisedNAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through. a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will be designatedbyno later than October 15, 2011.
Under section 107 ofthe Act, a.,..state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinud on Rt'cyclt'd Papt'rprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant information (including designation recommendations) to EPA regarding appropriate designations for your areas.
We are"including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for areadesignations and boundaries with supporting documentation, to EPA by October 15,2009. Forareas not expected to be designated by October 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more aboutthe process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshi Acting Regional Administrator Enclosure

cc: Edwin Smith, Environmental CoordinatorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### stP 0 9 

### ?009
Carlino Bettega, President Round Valley Reservation P.O. Box 448 Covelo, CA 95428
Dear President Bettega:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(I)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under thepew lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignatedbyno later than October 15, 2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Pn'nted on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for thesepurposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas.
Weare including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunity to update their recommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosliii Acting Regional Administrator Enclosure

cc: Virginia Bettega, Tribal EPA GAP ManagerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### StP 0 9 2009
Marshall McKay, Chairperson Rumsey Rancheria P. O. Box 18 Brooks, CA 95606
Dear Chairperson McKay:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; November 12,2008). Thenew primary lead standard was lowered from the 1.5 micrograms per cubicmeter (uglm3) set in 1978, to a level of0.15 uglmJ.: This new standard is based onthe most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby areathat does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignatedbyno later than October 15,2011.
".­ Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to**Prinr~d** on**R~cyc/~d** Papuprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15, 2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunityto update their recommendation letters as they pertain to these remaining areas byOctober 15,2010. Establishing area designations is a key step in the process ofproviding the health protectionthat the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYo ii Acting Regional Administrator Enclosure

cc: Al Vallecillo, Director ofFacilitiesUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### StP 09 

## ?OOg

Diane Enos, President Salt River Indian Community 10005 E. Osbourne Scottsdale, AZ 85256
Dear President Enos:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increasedprotection against lead-related welfare effects, EPA revised the secondary standard to beidentical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)( 1)(8) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a statemay recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 30l(d)ofthe Act and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 30l(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateoradministratively infeasible," to

Printed on Recycled Papuprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtainedTAS eligibility for these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely, 

# t::::ir

Acting Regional Administrator
Enclosure

cc: andreaBarber, EPNR ManagerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SfP 0 9 ?009
WendslerNosie, Chairperson San Carlos Tribal Council P. O. Box 0 San Carlos, AZ 85550
Dear ChairpersonNosie:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure thatpublichealth and welfare were protected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area underthe Act is accomplished through a formal rulemaking process outlined in Section I07(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend thedeadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an areaofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also performthis function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) oftheAct and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases whereit determines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. Tohelp ensurethat EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibilityfor these purposes - to provide relevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expectedto be designated by October 2010, states and tribes will have the opportunity to update their recommendation letters as they pertainto these remaining areas by October 15,2010. Establishing area designations is akey step inthe process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# L~ Acting Regional Administrator Enclosure

cc: Loretta Stone, Envirorimental ContactUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 09 2009 Evelyn James, President San Juan PaiuteTribal Council P. O. Box 2710 Tuba City, AZ 86045
Dear President James:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that publichealth and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national ' standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedby no later than October 15, 2011.
Under section 107 ofthe Act, a statemay recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate oradministratively infeasible," to

Prinud on Recyclt'd Paperprovide for direct administrationby regulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibilityfor these purposes - to providerelevant infonnation (including designation recommendations) to EPAregarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expectedto be designated byOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura YOShli Acting Regional Administrator
EnclosureUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009

James Ramos, Chainnan San Manuel General Council 26569 CommunityCenter Drive Highland, CA 92346
Dear Chainnan Ramos:
I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 PR 66964; November 12, 2008). Thenew primarylead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to beidentical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated by no later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the languageofsection 107 specifically addresses states, interested tribes may also perfonnthis function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.P.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Prinud on**R~cyc/~d** Papuprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibility for these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15, 2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update their recommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# /::::j~ Acting Regional Administrator
Enclosure

cc: BeckyRoss, Environmental ManagerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthome Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SE'P 09 2009 Allen Lawson, Chainnan San Pasqual Band P. O. Box 365 Valley Center, CA 92082
DearChainnan Lawson:
I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that publichealth and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, wethen designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated by no later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonnthis function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose .• pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to**Prinl~d** on**R~cycl~d Pap~'** provide for direct administration byregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtainedTAS eligibility for these purposes - to provide relevant information (includingdesignation recommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15, 2009. For areas not expected to be designatedbyOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertainto these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# H~ Laura Yoshli Acting Regional Administrator
Enclosure

cc: Desiree Morales, Environmental CoordinatorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEt> 

### 09 2009 Mayme Estrada, Tribal Chair Santa Rosa Band P.O. Box 609 Hemet, CA 92546
Dear Tribal Chair Estrada:
I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to beidentical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPAhas the discretion to extend the deadline up to one year ifthereis insufficient information to make designations. EPA intends to complete initial designations underthe new**1e~.Q** NAAQS byno laterthan October 15, 20I0, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, oruncIassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also performthis function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionaryauthority, in cases where it determines that treatment oftribes as identical to states is "inappropriate oradministratively infeasible," to**Print~d** on**R~cycl~d** Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot thetribe has obtained TAS eligibility for these purposes - to providerelevant infonnation (including designation recommendations) to EPAregarding appropriate designations for your areas.
We are including an enclosureto this letter, which provides guidance to tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for areadesignations and boundaries with supporting documentation, to EPA by October 15, 2009. Forareas not expected to be designated byOctober 2010, states and tribes will have the opportunityto update their recommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould liketo consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshil Acting Regional Administrator Enclosure

cc: Marcie Russell, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009
Clarence Atwell, Chairperson Santa Rosa Rancheria P. O. Box 8 Lemoore, CA 93245
Dear Chairperson Atwell:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increasedprotection against adverse health effects associated with exposureto lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to beidentical in all respects to the revised primary standard.
When EPA promulgates a new or revised NAAQS, wethen designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area underthe Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to anearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS byno later than October 15,2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also performthis function (but are not required to do so) by applyingfor "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to**Print~d** on**R~cycl~d Pap~r** provide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether or not the tribehas obtained TAS eligibility for these purposes - to provide relevant information (includingdesignationrecommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA byOctober 15, 2009. For areas not expected to bedesignatedbyOctober 2010, states and tribes will have the opportunity to update their recommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing area designations is a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYOShli Acting Regional Administrator
Enclosure

cc: Allen Bema, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009 Vincent Annenta, Chainnan SantaYnez Reservation P. O. Box 517 SantaYnez, CA 93460
Dear Chainnan Annenta:
I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean AirAct (Act). Designating an areaunder the Act is accomplished through a fonnal rulemakingprocess outlined in Section I07(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA ,'. issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnationto make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient dataare available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated byno later than October 15,2011. Under section l07 ofthe Act, a statemay recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) oftheAct and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriateoradministratively infeasible," to

Printed on Recycled Paperprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidanceto tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas byOctober 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protectionthat the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh 1 Acting Regional Administrator
Enclosure

cc: Joshua Simmons, Environmental ManagerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### stP 0 9 2009

John Hernandez, Chairman Santa Ysabel OflipayNation P. O. Box 130 Santa Ysabel, CA 92070
Dear Chairman Hernandez:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide inputduring the lead NAAQS designation process. In order to ensure that public health and welfare wereprotected, EPA revised the lead NAAQS on October 15, 2008 (73 PR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubicmeter (ug/m3) set in 1978, to a level of0.15 ug/m3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainmentunder section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act.

.Ifan area does not meetthe national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthereis insufficient informationto make designations. EPA intends to complete initial designations under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) oftheAct and EPA's regulations at 40 C.P.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to**Priflt~d** on**Rt.'cyc/~d** Papuprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibility for these purposes- to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. Forareas not expected to be designatedbyOctober 2010, states and tribes will have the opportunityto update their recommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protectionthat the Act is intended to provide. Ifyou are interested in learning more about the process ofmakingdesignation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleenMcKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos

. Acting Regional Administrator
Enclosure

cc: Andy Cannella, Tribal AdministratorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 ?flO9
Don Arnold, Chainnan Scotts ValleyTribal Council 301 Industrial Ave, Lakeport, CA 95453
Dear ChainnanArnold:
I am writing you todayto infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensurethat public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increasedprotection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunderthe Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(8) ofthe Act, EPA .­ issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS byno laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated byno later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301 (d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Primed 0,. Recyc[td Paptrprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtainedTAS eligibility for these purposes - to provide relevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA byOctober 15,2009. For areas not expected to be designatedby October2010, states and tribes will have the opportunityto update theirrecommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing areadesignations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura YOShll ActingRegional Administrator
Enclosure

cc: Joel Larson, Tribal EPA CoordinatorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 

## 2009

Michael Fitzgerral, Chainnan Sherwood Valley Rancheria 190 Sherwood Hill Drive Willits, CA 95490
Dear Chainnan Fitzgerral:
I am writing you today to infonn you about theprocess for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3• This new standard is based on the most recent scientific studies and provides increasedprotection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPArevised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section I07(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(8) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated byno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interested tribes mayalso perfonn this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuantto section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administrativelyinfeasible," to**Pn'nl~d** on**R~cycl~d Pap~r** provide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15, 2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunityto update their recommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosliii Acting Regional Administrator
Enclosure

cc: Misty Cook, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 09 ?009 Nick Fonseca, Chairperson Shingle Springs Tribal Council P.O. Box 1340 Shingle Springs, CA 95682
Dear Chairperson Fonseca:
I am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). Thenew primarylead standard was lowered from the 1.5 micrograms per cubicmeter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 underthe new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacentto an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 30l(d) ofthe Act and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to**Print~d** on**Ruyc/~d** Papuprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtainedTAS eligibilityfor these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15, 2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# L~ Acting Regional Administrator
Enclosure

cc: Rhonda Dickerson, Tribal EPA DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### stP 09 2009 Nancy Egan, Chainnan Shoshone-Paiute Tribes P. O. Box 219 Owyhee, NY 89832
Dear Chainnan Egan:
I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that publichealth and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient inforrnati<'ln to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated byno later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuantto section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 30l(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtainedTAS eligibility for these purposes - to provide relevant infonnation (including designationrecommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidanceto tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for areadesignations and boundaries with supporting documentation, to EPA by October 15,2009. Forareas not expected to be designated by October 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing areadesignations is a key step in the process ofproviding the health protection that the Act is intendedto provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYOShl Acting Regional Administrator
Enclosure

cc: Heather Lawrence, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR

### S~P 

### 0 9 

## 200g
Kara Miller, Chair Smith River Rancheria 250 N. Indian Road Smith River, CA 95567
Dear Chair Miller:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensurethat public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignatedby no later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) oftheAct and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printl!d on RI!C)'Cll!d Papl!rprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosureto this letter, which provides guidance to tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations andboundaries with supporting documentation, to EPA by October 15,2009. For areas not expectedto be designated byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is a key step in the process ofprovidingthehealth protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshii Acting Regional Administrator
Enclosure

cc: Brad Cass, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 09 

### 2009

Robert Salgado, Chainnan Soboba Band OfLuiseno Indians P. O. Box 487 San Jacinto, CA 92583
Dear Chainnan Salgado:
I am writing you todayto infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensurethat public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primarylead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on themost recent scientific studies and provides increasedprotection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainmentunder section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnationto make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achievethe appropriatepurpose. To help ensure that EPA obtainsrelevant data for its designation decisions, EPA invites all tribeswhether or not the tribe has obtained TAS eligibilityfor these purposes - to provide relevant information (including designationrecommendations) to EPAregarding appropriate designations for your areas.
We are including an enclosure to this letter, whichprovides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for areadesignations and boundaries with supportingdocumentation, to EPA by October 15,2009. For areas not expected to bedesignated by October2010, states and tribes will have the opportunityto update theirrecommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# L~ Acting Regional Administrator
Enclosure

cc: Erica Helms-Schenk, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### stP 09 2009 Cheryl Mose-Temoke, Chairperson South Fork Band Council 21 Lee, B-13 Spring Creek, NV 89815
Dear Chairperson Mose-Temoke:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that publichealth and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was 10weredJrom the 1.5 micrograms per cubicmeter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates anew orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; 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 under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedbyno later than October 15,2011.
Under section 107 ofthe Act, a statemay recommend a designation ofattainment, nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also performthis function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinud on Rt'cycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibilityfor these purposes - to provide relevant information (including designation recommendations) to EPAregarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expectedto be designated byOctober2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertainto these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthehealth protection that the Act is intendedto provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

o Laura Yosh Acting Regional Administrator Enclosure

cc: Marla Stanton-Woods, Acting Envo CoordinatorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SE'P 0 9 2009 Ralph Sepulveda, Chairperson Stewarts Point Rancheria P. O. Box 6525 Santa Rosa, CA 95403
Dear Chairperson Sepulveda:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare wereprotected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adversehealth effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identica.l in all respects to the revised primary standard.
When EPA promulgates anew orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d)-oftheAct. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficientinformation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15,2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Pn-f1ud on**R~cyc/~d Pap~r** provide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosureto this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intendedto provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# u~ Acting Regional Administrator Enclosure

cc: Nina Hapner, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 

### 9 2009

Warner Barlese, Chairperson Summit LakeTribal Council 1708 H Street Sparks, NV 89431
Dear Chairperson Barlese:
I am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). Thenew primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011.
Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available leadmonitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

.

Primed on R('cycled Paperprovide for direct administration byregulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for these purposes - to providerelevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYosh 1 Acting Regional Administrator
Enclosure

cc: Ron Johnny, Environmental Director