UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLASTX75202-2733

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### DEC 9 - 

### 2011
The Honorable Perry Martinez Governor Pueblo ofSan Ildefonso Route 5, Box 315-A Santa Fe, New Mexico 87506 Dear GovernorMartinez:. Thankyou for your March 4,2009, reconunendation on air quality designations for the revised 2008 ozone national ambient air quality standards (NAAQS) on behalfofthe Pueblo ofSan**Ildefon~o.** Thepurpose of this letter is to notify you ofthe

## u.s. Environmental Protection Agency's (EPA) preliminary decision to designate the Pueblo ofSan Ildefonso Reservation as attainmentlunclassifiable for therevised 2008 ozone 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 increased protection ofpublic health and the environment. The EPA lowered the primary ozone standard from 0.08 parts permillion(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 orlung disease. The EPA revised the secondary 8-hour ozone standard, making it identical to theprimary standard, to protect against welfare effects, including impacts on sensitive vegetation and forested ecosystems. Within one year ofpromulgation ofanew or revised NAAQS, the Clean Air Actrequires the governor of each state to submitto the EPA a list ofall areas in the state, recommending designations withrespect to the new orrevised standard. Therefore, states were asked to submittheir designation reconunendations,

. 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 reconunendations, we encouraged them to participate in

the designations process, and provided them with an opportunityto submitreconunendations ifthey chose to do so. The EPA received a reconunendation frorn the Pueblo ofSan Ildefonso on March 4, 2009. As a first step in implementing the 2008 ozone standards, the EPA asked states and tribes to submit their designation recommendations, including appropriate areaboundaries, by March 12, 2009. In September 2009, the EPA announced itwas reconsidering the 2008 ozone standards. The agencylatertook steps to delay the designation process for the 2008 ozone standards pending the outcome ofthereconsideration. However, in September2011, the Office ofManagement and Budget returned to the EPA the draft final rule addressing thereconsideration ofthe 2008 ozone standards. On September22, 2011, the EPA restarted the implementation effort'by issuing a letterto clarify for state and local agencies the status ofthe 2008 ozone standards and to outlineplans for moving forward to implementthem. This letter was also provided to the tribes. In addition, several conference calls were held with the tribes to describethe overall designations process. The EPAindicated 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 updatedby the most current, certified air quality data from 2008-2010. While the EPA did notrequest that states and tribes submitupdated designation recommendations, the agency provided 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 ofSan Ildefonso. 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 information regarding this designatiori is includedbelow. As required by the Clean Air Act, the EPA will designate an area as nonattainment 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/attainment ifthere are certified, quality-assured air qualitymonitoring data showing the area is meeting the ozone standards orthere 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 the Pueblo ofSan Ildefonso's March 4, 2009, ozone designations recommendation and otherrelevant technical information, including 2008-2010 air quality data, the EPA intends to supportthe Pueblo ofSan Ildefonso's recommended area designation and to designate your area ofIndian countryas attainmentlunclassifiable along with the surrounding state area. Please notifyus 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/consultationlconsult-policy.htm). The EPA will also make its preliminary designation decisions and supporting documentation available to the general public forreview and comment. We will be announcing a'30-daypublic commentperiod shortly in the FederalRegister. After considering additional information, the agencyplans 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-formingpollution 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 timely manner. Ifyour tribe is interested in consultation, please do not hesitate to contactme at (214) 665-2100, or ourTribal Consultation Advisor, Ms. Jeannine Hale, at (214) 665-2136. Ifthe tribe has technical concerns orquestions about the designation process, you may contact Mr. Guy Donaldson at (214) 665-7242.

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cc: Mr. Neil Weber, Environmental Director Pueblo ofSan Ildefonso Mr. Steve Rydeen, Environmental ProgramManager Pueblo ofSan Ildefonso