UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 

## DEC 192008

The Honorable Steve Beshear Governor of Kentucky State Capitol, Suite 100 700 Capital Avenue Frankfort, Kentucky 40601

Dear Governor Beshear:

On March 12, 2008, the U.S. Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of public health and welfare from ozone pollution. Based onnumerous epidemiological studies conducted duringthe past decade in which many health effects associated with ozone exposure have been demonstrated at and below the 1997standard of 0.08 parts per million (ppm), the Agency lowered the primary ozone standard to 0.075 ppm. EPA also strengthened the secondary 8-hour ozone standard, making it identical to the revised primary standard, to protect against welfare effects, such as impacts on vegetation and forested ecosystems.

Within one year following promulgation of a new or revised NAAQS, section 107(d)(l)(A) ofthe Clean Air Act (CAA) requires the Governor of each state to submit to EPA a list of all areas in the state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Therefore, we ask that you provide EPA such designation recommendations with respect to the revised ozone NAAQS, including appropriate area boundaries, by March 12,2009. Establishing area designations is a key step in the process ofproviding the health protections that the CAA mandates. Areas that are designated as not attaining the air quality standardsmust adoptplans to reduce ambient concentrations of ozone.
The enclosed memorandum provides guidance to state and local air pollution control agencies and tribes on the process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early aspossible after receipt ofyour recommendations, but no later than 120daysprior to promulgating final designations. Following the announcement ofintended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. In accordance with section 107(d)(l)(B)of the CAA, we intend to issue final designations by March 12,2010 (although that deadline may be extended up to one additional year, ifEPA determines that insufficient information is availableto establish designationsby that date). Our designations will be based on the most recent three years of certified, quality assured available monitoring data. Ozone nonattainment areas will be classified at the time of designation. TheEPA will establish its approach to classifying nonattainment areas under the 2008 revised ozoneNAAQS through a separate notice-and-comment rulemaking.

Internet Address (URL) http llwww epa gov RecycledlRecyclable Printed with Vegetable 011 Based Inks on Recycled Paper (M~nirnum 30% Postconsumer)We look forward to working with you and your staffto develop area designationsunder the 2008 revised ozone NAAQS in a timely manner. 

### If you have any questions, please contact me at (404) 562-8357or have a member ofyour staff contact Beverly Banister, Director, Air, Pesticides and Toxics Management Division, at (404) 562-9077.
Sincerely,

Regional Administrator

Enclosure

cc: Leonard K. Peters, Ph.D., Secretary,KYEEC Bruce Scott, Commissioner,KYDEP John Lyons, Director, KYDEP-DAQ Art Williams, Director, JCAPCD