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

OFFICE OF THE REGIONAL ADMINISTRATOR 

## JLlN 2 9 2011
The Honorable Israel Naylor Chairman Fort Independence Reservation P.O. Box 67 Independence, California 93526

Dear Chairman Naylor:

Thank you for yourrecommendation on the air quality designation for the revised primary National Ambient Air Quality Standard (NAAQS) for nitrogen dioxide (N02 ) on behalfofthe Fort Independence Indian Community. This letteris to notify you ofthe U.S. Environmental Protection Agency's (EPA's) preliminary decision to designate the FortIndependence Reservation as unclassifiable/attainment and to inform you ofourapproach for completing the designations for the revised N02 NAAQS.
On January 22, 2010, the EPA strengthened the health-based NAAQS for N02by setting a new I-hour N02 standard at the level of 100 parts per billion (ppb). TheEPA also retained with no change, the annual average N02standard of53 ppb. This suite ofstandards will protectpublic health by limiting people's exposures to short-term peak concentrations ofN02and by limiting community-wide N02 concentrations to levels below those thathave been linked to respiratory-related emergency department visits and hospital admissions in the United States.

In our November 2010 letter to you requesting designation recommendations, the EPA stated that it expected to designate most areas ofthe country as "unclassifiable," indicating that there are insufficient data to determine whether or not an area is attaining the revised N02 NAAQS. This approach took into account that the new monitoring network requirements established with the revised N02NAAQS will not be in place until January 2013 and that air quality data from these new monitors would notbe available to inform these initial designations.
The EPA has reviewed yourrecommendations and intends to designate the Fort Independence Reservation as "unclassifiable/attainment" rather than "unclassifiable." While the EPA acknowledges that the existing N02monitoring network does not provide adequate evidence to determine whether or not the new NAAQS is met in all areas, there currently is no evidence ofviolations anywhere. The "unclassifiable/attainment" designation better reflects the current air quality conditions. TheEPA intends to redesignate areas, as appropriate, after sufficient airquality datafrom the new monitoring network are available.
Ifyou have additional information that you want the EPA to consider with respect to the designation of the Fort Independence Reservation, please subrt;J-it it to us by August 29, 2011. We are also making the EPA'spreliminary designation decisions and supporting documentation available to the general public for review. We are accepting public comments on ourpreliminary decisions for 30days after a notice**Prinr~d** on Recycled Paperannouncing the public commentperiod is published in the FederalRegister. We will review any information we receive from you and the general public by this date, and we plan to promulgate the final designations by October 31, 2011.

Welook forward to a continued dialogue with you and your staffas we work together to implement the 2010 N02 NAAQS. Should you have any questions, please do not hesitate to call me, orhave your staff contactColleen McKaughan ofmy staffat 520-498-0118.

cc: Dennis Mattinson, Environmental Director