UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 10

1200 Sixth Avenue, Suite 900

Seattle, Washington 98101-3140

OFFICE OF THE

REGIONAL ADMINISTRATOR

DEC 0 8 201)

Nathan Small

Business Council Chairman

Shoshone-Bannock Tribes

Post Office Box 306

Fort Hall, Idaho 83203

Dear Chairman Small:

The purpose of this letter is to notify you of the U.S. Environmental Protection Agency's preliminary

decision to designate the Fort Hall Reservation as unclassifiable/attainment for the revised 2008 ozone

NAAQS, and to inform you of our 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

increased protection of public health and the environment. The EPA lowered the primary ozone standard

from 0.08 parts per million (ppm) to 0.075 ppm to protect against health effects associated with ozone

exposure, including a range of serious respiratory illnesses and increased premature death from heart or

lung disease. The EPA revised the secondary 8-hour ozone standard, making it identical to the primary

standard, to protect against welfare effects, including impacts on sensitive vegetation and forested

ecosystems.

Within one year of promulgation of a new or revised national air quality standard, the Clean Air Act

requires the Governor of each state to submit to the EPA a list of all areas in the state, recommending

designations with respect to the new or revised standard. Therefore, states were asked to submit their

designation recommendations, including appropriate area boundaries, to the EPA by March 12, 2009

with respect to the revised ozone standards. Although tribes are not required to submit

recommendations, we encouraged them to participate in the designations process, and provided an

opportunity for tribes to submit recommendations if they chose to do so.

As a first step in implementing the 2008 ozone standards, the EPA asked states and tribes to submit their

designation recommendations, including appropriate area boundaries, by March 12, 2009. In September

2009, the EPA announced it was reconsidering the 2008 ozone standards. The Agency later took steps to

delay the designation process for the 2008 ozone standards pending the outcome of the reconsideration.

In September 2011, the Office of Management and Budget returned to EPA the draft final rule

addressing the reconsideration of the 2008 ozone standards. On September 22, 2011, the EPA restarted

the implementation effort by issuing a memorandum to clarify for state and local agencies the status of

the 2008 ozone standards and to outline plans for moving forward to implement them. This

memorandum was also provided to the tribes. In addition, several conference calls were held with the

tribes to describe the overall designations process. The EPA indicated that it would proceed with initial
area designations for the 2008 standards, and planned to use the recommendations states and tribes made

in 2009 as updated by the most current, certified air quality data from 2008-2010. While the EPA did not

request that states and tribes submit updated designation recommendations, the Agency provided the

opportunity for them to do so. We did not receive a recommendation letter from you. However, because

the EPA is required to designate all areas of the country, we intend to promulgate an appropriate

designation for your area of Indian country. More infonnation regarding this designation is included

below.

As required by the Clean Air Act, the EPA will designate an area as nonattainment if it is violating the

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

designations for previous ozone standards, the EPA intends to designate an area as

unclassifiable/attainment if there are certified, quality-assured air quality monitoring data showing the

area is meeting the ozone standards or there are no monitoring data for the area, and the EPA has not

made a determination that the area is contributing to a violation in a nearby area.

After considering relevant technical information, including 2008-2010 air quality data, the EPA intends

to designate the Fort Hall Reservation as unclassifiable/attainment along with the surrounding state area.

Please notify us by January 6, 2012, if you 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/consultationlconsultpolicy.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-day public comment period

shortly in the Federal Register. After considering additional information, the Agency plans to

promulgate final ozone designations in spring of 2012

EPA is committed to working with the states and tribes to share the responsibility of reducing ozone air

pollution. Current and upcoming federal standards and safeguards, including pollution reduction rules

for power plants, vehicles and fuels, will assure steady progress to reduce smog-forming pollution and

will protect public health in communities across the country.

We look forward to working with you and your staff to develop area designations under the 2008 ozone

NAAQS in a timely manner. If your tribe is interested in consultation or participating in further

discussions or meetings with the EPA officials about the designations process, please do not hesitate to

contact me or Claudia Vaupel of my staff at (206) 553-6121 or vaupel.claudia@epa.gov.

Sincerely,

Dennis J. IVI^Len-an

Regional Administrator
cc: Arnold Appeney, Land Use Director

Shoshone-Bannock Tribes

Lori Howell, Air Quality Staff,

Shoshone-Bannock Tribes

Roger Turner, Air Quality Staff

Shoshone-Bannock Tribes

Gina McCarthy, Assistant Administrator

Air and Radiation, EPA

Steve D. Page, Director

Office of Air Quality Planning and Standards, EPA