UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

St1' 0 9 ?009 

Ron Kirk, Chainnan 

Grindstone Indian Rancheria 

P. O. Box 63 

Elk Creek, CA 95939 

Dear Chainnan Kirk: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3) set in 1978, to a level of 0.15 ug/m3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic
 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107
 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal
 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national
 

standard for the revised lead standard, or contributes to a nearby area that does not meet the
 

standard, it will be designated as nonattainment. Under section 107(d)( I)(B) ofthe Act, EPA
 

issues final designations within two years of finalizing a NAAQS; however, EPA has the
 

discretion to extend the deadline up to one year if there is insufficient infonnation to make
 

designations. EPA intends to complete initial designations under the new lead NAAQS by no
 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas,
 

using infonnation from the expanded lead monitoring network, will be designated by no later
 

than October 15, 2011.
 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perfonn this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yosh 

Acting Regional Administrator 

Enclosure 

cc: Rudy Iynong, Environmental Contact 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

S8' 0 9 2009 

Merlene Sanchez, Chairperson 

Guidiville Rancheria 

P. O. Box 339 

Talmage, CA 95481 

Dear Chairperson Sanchez: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) ofthe Act, EPA 

issues final designations within two years offinalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perform this function (but are not required to do so)
 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose
 

pursuant to section 30l(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition,
 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that
 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to
 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely,
 

Laura Yos .
 

Acting Regional Administrator
 

Enclosure 

cc: lsi Mesa, Environmental Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Sherry Bridges, Chairperson 

Habematolel Porno Of Upper Lake 

P. O. Box 516
 

Upperlake, CA 95485
 

Dear Chairperson Bridges: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) ofthe Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(I)(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment,
 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country
 

based on the available lead monitoring data. While the language of section 107 specifically
 

addresses states, interested tribes may also perfonn this function (but are not required to do so)
 

...	 by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regUlations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process ofproviding the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Paula Britton, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Don Watahomigie, Chairperson 

Havasupai Tribe 

P. O. Box 10 

Supai, AZ 86435 

Dear Chairperson Watahomigie: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section I07(d)(l )(8) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinr~d on R~cycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yosh 1 

Acting Regional Administrator 

Enclosure 

cc: Sarah Kissoon, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Clifford Lyle Marshall, Chair 

Hoopa Tribal Council 

P. O. Box 1348 

Hoopa, CA 95546 

Dear Chair Marshall: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on R~cyc/~d Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yosh 

Acting Regional Administrator 

Enclosure 

cc: Ken Norton, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

Roman Carrillo, Chairperson 

Hopland Tribal Council 

3000 Shanel Road 

Hopland, CA 95449 

Dear Chairperson Carrillo: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on R~cycl~d Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 20 1O. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 

cc: Allen Cooperrider, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

Wilfred Whatoname, Chainnan 

Hualapai Tribal Council 

P. O. Box 179 

Peach Springs, AZ 86434 

Dear Chairman Whatoname: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/mJ

) set in 1978, to a level of 0.15 uglmJ. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(I)(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 201 0, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos ·1 

Acting Regional Administrator 

Enclosure 

cc: Don Bay, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

SEP 09 2009 REGIONAL ADMINISTRATOR 

Rebecca Osuna, Chairwoman 

Inaja And Cosmit 

309 South Maple Street 

Escondido, CA 92024 

Dear Chairwoman Osuna: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, undassifiable, or nonattainrnent under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainrnent. Under section 107(d)( 1)(8) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 20 10, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or undassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While'the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30l(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely,
 

Laura Yos .
 

Acting Regional Administrator
 

Enclosure 

cc: Pam Arviso, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 09 2009 

Daryl Crawford, Executive Dir. 

Inter-Tribal Council Nv 

680 Greenbrae Dr., Suite 265 

Sparks, NV 89431 

Dear Executive Dir. Crawford: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1 )(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised; lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Tansey Anderson, Nevada Tribal-State Liaison 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

09 ?009 

Connie Reitman, Executive Dir. 

Inter-Tribal Council Of Calif 

2755 Cottage Way, Ste. 14 

Sacramento, CA 95825 

Dear Executive Dir. Reitman: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

John Lewis, Executive Dir. 

Inter Tribal Council Of Az 

2214 N. Central Avenue, Suite 100 

Phoenix, AZ 85004 

Dear Executive Dir. Lewis: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Pn'nled on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Elaine Wilson, Environmental Contact 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR Sf? 0 9 ,,·Wl 

Matthew Franklin, Chairperson 

lone Band Of Miwok Indians 

P. O. Box 1190 

lone, CA 95640 

Dear Chairperson Franklin: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October IS, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October IS, 20 I0, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Pn'nud on R~cyc/~d Papa 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

'ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshil 

Acting Regional Administrator 

Enclosure 

cc: Sarah Norris, Environmental Planner 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco; CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

Margaret Dalton, Chairperson 

Jackson Rancheria 

P. O. Box 1090 

Jackson, CA 95642 

Dear Chairperson Dalton: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadlirie up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language ofsection 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30 1(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to st~te

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Michael Fallon, Environmental Contact 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

stP 0 9 ~Q

Kenny Meza, Acting Chairman 

Jamul Indian Village 

P.O. Box 612 

Jamul, CA 91935 

Dear Acting Chairman Meza: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the'.­

discretion to extend the deadline up to one yearifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language ofsection 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshil 

Acting Regional Administrator 

Enclosure 

cc: Robert Mesa, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Ona M. Segundo, Chairwoman 

Kaibab Band Of Paiute 

H C 65, Box #2 

Pipe Spring, AZ 86022 

Dear Chairwoman Segundo: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l )(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable'for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 30l(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: LeAnn Skrzynski, Environmental Manager 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

stP 09 2009 

Arch Super, Chainnan 

Karuk Tribal Council 

P.O. Box 1016 

Happy Camp, CA 96039 

Dear Chainnan Super: 

I am writing you today to infonn you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section I07(d)(l )(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using infonnation from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30 I(d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Rt'cycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health' 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 

cc: Earl Crosby, Natural Resources Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Larriann Musick, Chairperson 

La Jolla Band 

22000 Highway 76 

Pauma Valley, CA 92061 

Dear Chairperson Musick: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(I)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiab1e for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely,
 

Laura Yosh .
 

Acting Regional Administrator
 

Enclosure 

cc: Rob Roy, Environmental Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SfP 09 2009 

Gwendolyn Parada, Chairperson 

La Posta Band 

P. O. Box 1120 

Boulevard, CA 91905 

Dear Chairperson Parada: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EP A revised the lead NAAQS on October IS, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(I)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EP A has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October IS, 20 I 0, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paptr 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 

cc: Javaughn Miller, Tribal Administrator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Benny Tso, Chairperson 

Las Vegas Tribal Council 

No. One Paiute Drive 

Las Vegas, NV 89106 

Dear Chairperson Tso: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 PR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section I07(d) ofthe Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.P.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on R~cycl~d Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Kenny Anderson, Program Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Christy Taylor, Chairperson 

Laytonville Rancheria 

P. O. Box 1239 

Laytonville, CA 95454 

Dear Chairperson Taylor: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 201 O. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Sheri Lovelll, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Richard Button, Chairperson 

Lone Pine Community 

P.O. Box 747 

Lone Pine, CA 93545 

Dear Chairperson Button: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. .If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1 )(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient -data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language ofsection 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yoshi 

Acting Regional Administrator 

Enclosure 

cc: Mel Joseph, Environmental Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Francine Kupsch, Chairwoman 

Los Coyotes Tribal Council 

P.O. Box 189 

Warner Springs, CA 92086 

Dear Chairwoman Kupsch: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section I07(d)(1 )(B) ofthe Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 20 I0, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on R~cycl~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yosfiii 

Acting Regional Administrator 

Enclosure 

cc: Sandra Stoneburner, Acting Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

ScP 09 2009 

Victor Mann, Chairperson 

Lovelock Tribal Council 

P. O. Box 878 

Lovelock, NV 89419 

Dear Chairperson Mann: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of0.15 ug/m3. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Rt'cycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 201 O. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 0 9 2009 

Daniel Beltran, Chairman 

Lower Lake Rancheria 

P. O. Box 3162 

Santa Rosa, CA 95402 

Dear Chairman Beltran: 

1 am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient information to make 

designations. EPA intends to oomplete initial designations under the new lead NAAQS by no 

later than October 15,2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Rf'c:ycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15, 2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos Ii 

Acting Regional Administrator 

Enclosure 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco. CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Marjorie Mejia, Chairperson 

Lytton Tribal Council 

1300 N. Dutton Avenue, Suite A 

Santa Rosa, CA 95401 

Dear Chairperson Mejia: 

I am writing you today to inform you about the process for designating areas under the 

2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may 

provide input during the lead NAAQS designation process. In order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; 

November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EPA promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an area does not meet the national 

standard for the revised lead standard, or contributes to a nearby area that does not meet the 

standard, it will be designated as nonattainment. Under section 107(d)(1 )(B) ofthe Act, EPA 

issues final designations within two years offinalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year ifthere is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no. 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. . 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas-surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment oftribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Rt'cycled Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would lilce to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yosh 

Acting Regional Administrator 

Enclosure 

cc: Brent Gudzus, Environmental Director