UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLASTX 75202-2733



### DEC 9 - 

### 2011

TheHonorable WalterDasheno Governor Pueblo ofSanta Clara Post Office Box 580 Espanola, New Mexico 87532

Dear Governor Dasheno:

Thank you for yourMarch 12,2009, recommendation on air quality designations for the revised 2008 ozone national ambient air quality standards (NAAQS) on behalfofthe Pueblo ofSanta Clara. The purpose ofthis letteris to notifY you ofthe U.S. Environmental Protection Agency's (EPA) preliminary decision to designate the Pueblo ofSanta Clarareservation as attainrnentlunclassifiable for the revised 2008ozone NAAQS, and to inform you ofour approach for completing the designations for the revised ozone NAAQS.

On March 12, 2008, the EPA revised its national air quality standards for ground-level ozone to provide increasedprotection ofpublic health and the environment. The EPA lowered the primary ozone standard from 0.08 parts per million (ppm) to 0.075 ppm to protect againsthealth effects associated with ozone exposure, including a range ofserious respiratory illnesses and increased premature death from heart or lung disease. The EPA revised the secondary 8-hourozone standard, making it identical to the primary standard, to protect against welfare effects, including impacts on sensitive vegetation and forested ecosystems.
Within one year ofpromulgation ofa new orrevised NAAQS, the Clean AirAct requires the governor of each state to submit to the EPA a list ofall areas in the state, recommending designations with respect to the
new orrevised standard. Therefore, states were asked to submittheir designation recommendations, including appropriate areaboundaries, to the EPA by March 12, 2009, with respectto the revised ozone standards. Although tribes are notrequired to submitrecommendations, we encouraged them to participate in the designations process, and provided them with an opportunity to submitrecommendations ifthey chose to do so. The EPA received a recommendation from the Pueblo ofSanta Clara on March 12, 2009.

As a first step in implementing the 2008 ozone standards, the EPA asked states and tribes to submittheir designation recommendations, including appropriate areaboundaries, by March 12, 2009. In September 2009, the EPA announced it was reconsidering the 2008 ozone stilndards. The agency latertook steps to delay the designation process for the 2008 ozone standards pending the outcome ofthe reconsideration. However, in September 2011, the Office ofManagement and Budgetreturned to the EPA the draft final rule addressing the reconsideration ofthe 2008 ozone standards. On September 22, 2011, the EPA restarted the implementation effortbyissuing a letterto clarify for state and local agencies the status ofthe 2008 ozone standards and to outline plans for moving forward to implementthem. This letterwas also provided to the tribes. In addition, several conference calls were held with the tribes to describe the overall designations process. The EPA indicated thatit would proceed with initial area designations for the 2008 standards, and plannedto use the recommendations states and tribes made in 2009 as updated by the most current, certifi,ed air quality data from 2008-2010. While the EPA did notrequest that states and tribes submitupdated designation recommendations, the agencyprovided the opportunity for them to do so. We did notreceive an

Internet Address (URL) • http://www.epa.gov/region6 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on 100% Recycled Paper, Process Chlorine Freeupdated recommendation letter from the Pueblo ofSanta Clara. However, because the EPA is required to designate all areas ofthe country, we intend to promulgate an appropriate designation for your area ofIndian country. More informationregarding this designation is includedbelow.

As required bythe Clean Air Act, the EPA will designate an area as nonattaimnent ifit is violating

. the 2008 ozone standards or contributing to a violation ofthe standards in a nearby area. Consistent

with designations for previous ozone standards, the EPA intends to designate an area as unclassifiable/attaimnent ifthere are certified, quality-assured air qualitymonitoring data showing the areais meeting the ozone standards orthere are no monitoring data for the area, and the EPA has not made a determination that the areais contributing to a violation in a nearby area.
After considering the Pueblo ofSanta Clara's March 12, 2009, ozone designations recommendation and otherrelevant technical information, including 2008-2010 air quality data, the EPA intends to support the Pueblo ofSanta Clara's recommended area designation and to designate your area ofIndian country as attainmentlunclassifiable along with the surrounding state area.
Please notify us ifyou are interested in consulting with us regarding the designations process. When requested, consultation will be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (www.epa.gov/tribal/consultation/consult-policy.htm).

The EPA will also make its preliminary designation decisions and supporting documentation available to the general public for review and comment. We will be announcing a 30-daypublic commentperiod shortly in the FederalRegister. After considering additional information, the agency plans to. promulgate final ozone designations in the spring of2012.

The EPA is committed to working with the states and tribes to share the responsibility ofreducing ozone air pollution. Current and upcoming federal standards and safeguards, includingpollution reduction rules for powerplants, vehicles and fuels, will assure steady progress to reduce smog-forming pollution and will protectpublic health in communities across the country.

We look forward to working with you and your staffto develop area designations under the 2008 ozone NAAQS in a timelymanner. Ifyourtribe is interestedin consultation, please do nothesitate to contactme at (214) 665-2100, or our Tribal Consultation Advisor, Ms. Jeannine Hale, at (214) 665-2136. Ifthe tribe has technical concerns orquestions about the designation process, youmay contact Mr. GuyDonaldson at (214) 665-7242.

cc: Mr. Joseph Mark Chavarria, Enviromnental Director Pueblo ofSanta Clara

Mr. Dino Chavarria, AssistantDirector Pueblo ofSanta Clara