UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

DEC 19 2008 

The Honorable 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 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 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 

Internet Address (URL) http:l/www.epa.gov 

Recycled/Recyclable Printed wlh Vegelable Oil Based Inks on Reqded Paper (Mlnimum 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 areas under 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. 

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 1 O7(d)(l)(B) of the CAA, we intend to issue final designations by March 12,20 10 

(although that deadline may be extended up to one additional year, if EPA determines that 

insufficient information is available to establish designations by that date). Our designations will 

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 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 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, 

Regional Administrator 

Enclosure 

cc: William G. Ross, Secretary, NCDENR 

Keith Overcash, Director, NCDENR-DAQ 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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 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) 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 

Internet Address (URL) http://www.epa.gov 

RecycledlRecyclable Printed w#h Vegetable OH Based Inks on 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 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 areas under 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. 

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) of the CAA, we intend to issue final designations by March 12,2010 

(although that deadline may be extended up to one additional year, if EPA determines that 

insufficient information is available to establish designations by 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. 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 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, A 

(3%. J. I. Palmer, Jr. 

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 44002 1 - 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 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 

Internet Address (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 areas under 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. 

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 1 O7(d)(l)(B) of the CAA, we intend to issue final designations by March 12,201 0 

(although that deadline may be extended up to one additional year, if EPA determines that 

insufficient information is available to establish designations by 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. The EPA will establish 

its approach to classifying nonattainment 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 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 AQMD 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA. GEORGIA 30303-8960 

DEC 19 2008 

The Honorable Buford Rolin 

Chairman 

Poarch Band of Creek Indians 

58 1 1 Jack 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) 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 

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 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 areas under 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. 

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) of the CAA, we intend to issue final designations by March 12, 2010 

(although that deadline may be extended up to one additional year, if EPA determines that 

insufficient information is available to establish designations by that date). Our designations will 

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 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 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, 

Regional Administrator 

Enclosure 

cc: Trey Glenn, Director, ADEM 

Ronald W. Gore, Chief, ADEM, Air Div. 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

The Honorable Mitchell Cypress 

Chairman 

Seminole Tribe of Florida 

6300 Stirling Road 

Hollywood, Florida 3 3024 

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 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) 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 

Internet Address (URL) http Ilwww 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 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 areas under 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. 

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) of the CAA, we intend to issue final designations by March 12,2010 

(although that deadline may be extended up to one additional year, if EPA determines that 

insufficient information is available to establish designations by 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. The EPA will establish 

its approach to classifying nonattainment 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 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