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

## DEC 19 

### 2008

TheHonorable Michelle Hicks Principal Chief Eastern Band of Cherokee Indians

### - Qualla Boundry P.O. Box 455 Cherokee,North Carolina 28719

Dear Chief Hicks:



### I write today to provide you informationon the U.S. Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies, we take our responsibility to consult with the federally recognized Indian tribes seriously and consider whether these rules or policies may impact tribes and their environments. We want to make sure that we are effectively communicating with you so you may have an opportunity for early input on the designation process for ozone.

On March 12,2008,EPA revised the NAAQS for ozone to provide increased protection ofpublic health and welfare from ozone pollution. Based on numerous epidemiological studies conducted during the past decade in which many health effects associated with ozone exposure have been demonstrated at and below the 1997 standardof0.08 parts per million (ppm), the Agency lowered the new 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 orrevised NAAQS, section 107(d)(l)(A)of the Clean Air Act (CAA) requires the Governor of each state to submit to EPA 

### a list of all areas in the state, recommending designationsfor each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the 

### CAA mandates. Areas that are designated as not attaining the air quality standardsmust adopt plans to reduce ambient concentrations ofozone.

EPA does not recognize state designation recommendations as applying to Indian country because states generally have neither the responsibility nor the authority for planning and regulationunder the CAA in Indian country. While tribes are not obligated to participate in the designations process, we invite and encourageyou to do so. By participating in the process, you can learn about state plans to prepare recommendations for designations of state lands that border

Internet Address (URL) http:l/www.epa.gov Recycled/Recyclable Printed wlh Vegelable OilBased Inks on ReqdedPaper (Mlnimum 30%Postconsumer)tribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. If you are interested inparticipating in the designations process, we ask that you provide EPA your designation recommendations with respect to the revised ozoneNAAQS, including appropriate boundaries for the recommendations that you make, by March 12,2009.
The enclosed memorandum provides detailed guidance to state, tribal, and local air pollution control agencies on the process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early aspossible after receipt ofthe recommendations, but no later than 120days prior 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 accordancewith section 1 O7(d)(l)(B) ofthe CAA, we intend to issue final designationsby March 12,2010 (although that deadline may be extended up to one additional year, if EPA determines that insufficient information is available to establish designationsby that date). Our designations will be based on the most recent three years ofcertified, quality assured available monitoring data. Ozone nonattainrnent areas will be classified at the time of designation. The EPA will establish its approach to classifying nonattainrnent areas under the 2008 revised ozone NAAQS through a separate notice-and-comment rulemaking.
We look forward to working with you and your staff to develop area designations under the 2008 revised ozoneNAAQS in a timely manner. Ifyou have any questions, please contact

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

Regional Administrator

Enclosure

cc: William 

### G. Ross, Secretary, NCDENR Keith Overcash, Director, NCDENR-DAQUNITED STATES ENVIRONMENTAL PROTECTIONAGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 

## DEC 19

## 2008

The Honorable Beasley Denson Tribal M&o Mississippi Band of Choctaw Indians P.O.Box 6010 

### - Choctaw Indians Choctaw, Mississippi 39350

Dear M/ko Denson:



### I write today to provide you information on the U.S. Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies, we take our responsibilityto consult with the federally recognized Indian tribes seriouslyand consider whether these rules or policies may impact tribes and their environments. We want to make sure that we are effectively communicating with you so you may have an opportunity for early input on the designation process for ozone.

On March 12,2008,EPA revised the NAAQS for ozone to provide increased protection ofpublic health and welfare from ozone pollution. Based on numerous epidemiological studies conducted during the past decade in which many health effects associated with ozone exposure have been demonstrated at and below the 1997 standardof0.08 parts per million (ppm), the Agency lowered the new primary ozone standard to 0.075ppm. EPA also strengthenedthe 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)of the 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. Establishing area designations is a key step in the process of providing the health protections that the CAA mandates. Areas that are designated as not attainingthe air quality standardsmust adopt plans to reduce ambient concentrations of ozone.

EPA does not recognize state designation recommendations as applying to Indian country because states generally have neither the responsibility nor the authority for planning and regulationunder the CAA in Indian country. While tribes are not obligatedto participate in the designations process, we invite and encourageyou to do so. By participating in the process, you
can learn about state plans to prepare recommendationsfor designations of state lands that border

Internet Address (URL) http://www.epa.gov RecycledlRecyclable Printedw#hVegetable OH BasedInks on Recycled Paper (Minimum 30% Postconsumer)tribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. Ifyou are interested in participating in the designations process, we ask that you provide EPA your designation recommendations with respect to the revised ozone NAAQS, including appropriate boundaries for the recommendationsthat you make, by March 12,2009.
The enclosed memorandum provides detailed guidance to state, tribal, and local air pollution control agencies on the process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early as possible afterreceipt of the recommendations,but no later than 120 days prior to promulgating final designations. Followingthe announcement ofintended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. 

### In accordancewith section 107(d)(l)(B) ofthe CAA, we intend to issue final designations by March 12,2010 (althoughthat deadline may be extended up to one additional year, if EPA determinesthat insufficient information is available to establish designationsby that date). Our designationswill 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. The EPA will establish its approach to classifying nonattainrnent areasunder the 2008 revised ozone NAAQS through a separate notice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designations under the 2008 revised ozone NAAQS in a timely manner. If you have any questions, please contact

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

A

J. I. Palmer, Jr. 

# (3%.

Regional Administrator

Enclosure

cc: Trudy D. Fisher, Exec. Director, MDEQ Maya Roa, Chief, MDEQ, Air Div.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTAFEDERALCENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 

## DEC 19

### 2008

The Honorable Billy Cypress Chief Miccosukee Tribe of Indians of Florida P.O. Box 440021

### - Tarniami Station Miami, Florida 

### 33 144
Dear Chief Cypress:



### I write today to provide you information on the 

### U.S. Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies, we take our responsibility to consult with the federally recognized Indian tribes seriously and consider whether these rules or policies may impact tribes and their environments. We want to make sure that we are effectively communicating with you so you may have an opportunity for early input on the designation process for ozone.

On March 12,2008,EPA revised the NAAQS for ozone to provide increased protection of public health and welfare from ozone pollution. Based on numerous epidemiological studies conducted duringthe past decade in which many health effects associated with ozone exposure have been demonstrated at and below the 1997 standard of 0.08 parts per million (ppm), the Agency lowered the new 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. 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 standards must adopt plans to reduce ambient concentrations of ozone.

EPA does not recognize state designation recommendations as applying to Indian country because states generally have neither the responsibility nor the authority for planning and regulation under the CAA in Indian country. While tribes are not obligated to participate in the designations process, we invite and encourage you to do so. By participating in the process, you can learn about state plans to prepare recommendations for designations of state lands that border

InternetAddress (URL) http llwww epa gov Recycled/Recyclable Printed with Vegetable 011 Based Inks on Recycled Paper (Mmmum 30% Postconsumer)tribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide EPA your designation recommendations with respect to the revised ozone NAAQS, including appropriate boundaries for the recommendations that you make,by March 12,2009.

The enclosed memorandum provides detailed guidance to state, tribal, and local air pollution control agencies on the process for designating areasunder the 2008 revised ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations,but no later than 120 days prior to promulgating final designations. Followingthe announcement ofintended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. In accordancewith section 1 O7(d)(l)(B) ofthe CAA, we intend to issue final designations by March 12,201 0 (although that deadline maybe extendedup to one additionalyear, ifEPA determinesthat insufficient information is available to establish designationsby that date). Our designationswill 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. The EPA will establish its approach to classifying nonattainment areas under the 2008 revised ozoneNAAQS through a separate notice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designations under the 2008 revised ozone NAAQS in a timely manner. If you have any questions, please contact

me at (404) 562-8357 or have a member of your staff contact Beverly Banister, Director, Air, Pesticides and Toxics Management Division, at (404) 562-9077.
Sincerely, 

# (4d~%3

J. I. Palmer, Jr. Regional Administrator

Enclosure
cc: Mike Sole, Secretary, FDEP Joseph Kahn, Director, FDEP-DARM 

### H. Patrick Wong, Chief, Miami AQMDUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA. GEORGIA 30303-8960 

## DEC 192008

The Honorable Buford Rolin Chairman Poarch Band of Creek Indians 58 1 1Jack Springs Road Atmore, Alabama 36502

Dear Chairman Rolins:

I write today to provide you information on the U.S. Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards WAAQS). When EPA develops rules and policies, we take our responsibility to consult with the federally recognized Indian tribes seriously and consider whether these rules or policies may impact tribes and their environments. We want to make sure that we are effectively communicating with you so you may have an opportunity for early input on the designation process for ozone.

On March 12, 2008, EPA revised the NAAQS for ozone to provide increased protection of public health and welfare from ozone pollution. Based on numerous epidemiological studies conducted during the past decade in which many health effects associated with ozone exposure have been demonstrated at and below the 1997 standard of 0.08 parts per million (ppm), the Agency lowered the new 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. Establishing area designations is a key step in the process ofproviding the health protections that the CAA mandates. Areas that are designated asnot attaining the air quality standards must adopt plans to reduce ambient concentrations of ozone.
EPA does not recognize state designation recommendations as applying to Indian country because states generally have neither the responsibility nor the authority for planning and regulation under the CAA in Indian country. While tribes are not obligated to participate in the designations process, we invite and encourage you to do so. By participating in the process, you can learn about state plans to prepare recommendations for designations of state lands that border

Internet Address (URL) http ilw epa gov Recycled/Recyclable Printed w~th Vegetable 011 Based Inks on Recycled Paper (M~nimum 30% Postconsumer)tribal lands and provide relevant informationto EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide EPA your designation recommendationswith respect to the revised ozone NAAQS, including appropriate boundaries for the recommendations that you make, by March 12,2009.
The enclosed memorandum provides detailed guidance to state, tribal, and local air pollution control agencies on the process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early as possible after receipt ofthe recommendations, but no later than 120 days prior to promulgating final designations. Following the announcement of intended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. 

### In accordancewith section 107(d)(l)(B) of the CAA, we intend to issue final designations by March 12, 2010 (although that deadline may be extendedup to one additional year, if EPA determinesthat insufficient information is available to establish designationsby that date). Our designationswill be based on the most recent three years of certified, quality assured available monitoring data. Ozone nonattainrnent areas will be classified at the time of designation. The EPA will establish its approach to classifying nonattainment areasunder the 2008 revised ozone NAAQS through a separate notice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designationsunder the 2008 revised ozone NAAQS in a timely manner. If you have any questions, please contact

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

Regional Administrator

Enclosure
cc: Trey Glenn, Director, ADEM Ronald W. Gore, Chief, ADEM, Air Div.UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960

The Honorable Mitchell Cypress Chairman Seminole Tribe ofFlorida 6300 StirlingRoad Hollywood, Florida 33024

Dear Chairman Cypress:



### I write today to provide you information on the U.S. Environmental Protection Agency's (EPA's) process for designating areas for the 2008 revised ozone national ambient air quality standards (NAAQS). When EPA develops rules and policies, we take our responsibility to consult with the federally recognized Indian tribes seriously and consider whether these rules or policies may impact tribes and their environments. We want to make sure that we are effectively communicating with you so you may have an opportunity for early input onthe designation process for ozone.

On March 12,2008,EPA revised the NAAQS for ozone to provide increased protection ofpublic health and welfare from ozone pollution. Based on numerous epidemiological studies conducted during the past decade in which many health effects associated with ozone exposure have been demonstrated at and below the 

### 1997 standard of 0.08 parts per million (ppm), the Agency lowered the new 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)of the 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. Establishing area designations is a key step in the process of providing the health protections that the CAA mandates. Areas that are designated as not attaining the air quality standards must adopt plans to reduce ambient concentrations of ozone.

EPA does not recognize state designation recommendations as applying to Indian country because states generally have neither the responsibility nor the authority for planning and regulation under the 

### CAA in Indian country. While tribes are not obligated to participate in the designations process, we invite and encourage you to do so. By participating in the process, you can learn about state plans to prepare recommendations for designations of state lands that border

InternetAddress (URL) httpIlwww epa gov RecycledlRecyclable Prlnted w~th Vegetable 011 Based Inks oi, Recycled Paper (Minimum 30% Postconsumer)tribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. If you are interested in participating in the designations process, we ask that you provide EPA your designation recommendationswith respect to the revised ozone NAAQS, including appropriate boundaries for the recommendationsthat you make, by March 12,2009.

The enclosed memorandum provides detailed guidance to state, tribal, and local air pollution control agencies on the process for designating areas under the 2008 revised ozone standard. We plan to announce our intended designations as early as possible after receipt ofthe recommendations,but no later than 120 days prior to promulgating final designations. Following the announcement of intended 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)ofthe CAA, we intend to issue final designationsby March 12,2010 (although that deadline may be extended up to one additional year, if EPA determinesthat insufficient information is available to establish designations by that date). Our designationswill 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. The EPA will establish its approachto classifying nonattainment areasunder the 2008 revised ozoneNAAQS through a separate notice-and-comment rulemaking.

We look forward to working with you and your staff to develop area designations under the 2008 revised ozone NAAQS in a timely manner. If you have any questions, please contact
me at (404) 562-8357 or have a member of your staff contact Beverly Banister, Director, Air, Pesticides and Toxics Management Division, at (404) 562-9077.
Sincerely, 

# d%*

J. I. Palmer, Jr. Regional Administrator

Enclosure
cc: Mike Sole, Secretary,FDEP Joseph 

### Kahn, Director, FDEP-DARM Daniela Banu, Director, BCDPEP