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 todayto 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 orderto ensure that public health and welfare were protected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primarylead standard was lowered from the 1.5 micrograms per cubicmeter (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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainmentunder section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes 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 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 leadNAAQS 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 byno later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 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) ofthe Act and EPA's regulations at 40 C.F.R. Part49. 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 Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtainedTAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for yourareas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on thetimeline and process for designating areas under therevised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designated byOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh Acting Regional Administrator Enclosure

cc: Rudy Iynong, Environmental ContactUNITED 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 todayto 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 of0.15 uglm3• This new standard is based onthe 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 areaunder the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does notmeet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated 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 ifthereis insufficient information to make designations. EPA intends to complete initial designations under the new leadNAAQS byno 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 byno later than October 15, 2011. Under section 107 ofthe Act, a statemayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian 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 30l(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 oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant infonnation (including designation recommendations) to EPAregarding appropriatedesignations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under therevised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations andboundaries 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 opportunityto update their recommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos

. Acting Regional Administrator Enclosure

cc: lsi Mesa, Environmental CoordinatorUNITED 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 OfUpper 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 AmbientAir Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare wereprotected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). Thenew 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 onthe most recent scientific studies and provides increasedprotection 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, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby areathat does not meetthe standard, it will be designated as nonattainment. Under section 107(d)(I)(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 infonnationto make designations. EPA intends to complete initial designations underthe new lead NAAQS byno laterthan 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 statemay recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. While the language ofsection 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) 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 detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant information (including designation recommendations) to EPAregarding 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 onthe 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 byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertainto these remaining areas by October 15,2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignationrecommendations orwould liketo consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos i Acting Regional Administrator Enclosure

cc: PaulaBritton, Environmental DirectorUNITED 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 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 beidentical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan 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) 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 ifthereis 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 ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian 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 oftribes as identical to states is "inappropriate or administratively infeasible," to**Prinr~d** on**R~cycled** Paperprovide for direct administrationby 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 tribehas 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, whichprovides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations andboundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh 1 Acting Regional Administrator Enclosure

cc: Sarah Kissoon, Environmental DirectorUNITED 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
DearChairMarshall: I am writing you todayto 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 orderto ensure that publichealth 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 of0.15 uglm3• This new standard is based onthe 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; 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 byno later than October 15, 2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian 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'sregulations 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**R~cyc/~d** Paperprovide for direct administrationby 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 tribehas 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 onthe timeline and process for designating areas under therevised lead standard. Interested tribes should submitrelevant 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 byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or ColleenMcKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYosh Acting Regional Administrator Enclosure

cc: Ken Norton, Environmental DirectorUNITED 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 orderto ensure thatpublic 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 of0.15 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment 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) ofthe Act. Ifan 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 ifthereis insufficient information to make designations. EPA intends to complete initial designations underthe 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 bedesignated by no later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired 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. Part49. 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

Prinud on**R~cycl~d** Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant 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 byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15, 201O. Establishing area designations is a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at415-947­ 8702 or ColleenMcKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshi Acting Regional Administrator Enclosure

cc: Allen Cooperrider, Environmental DirectorUNITED 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 todayto 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 publichealth and welfare wereprotected, 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 of0.15 uglmJ

. This new standard is based on the most recent scientific studies and provides increasedprotection 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, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes 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 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 infonnation from the expanded lead monitoring network, will be designated by no later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) by applyingfor "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations 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 Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant 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 airpollution 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 byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as they pertain to these remaining areasby October 15,2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos ·1 Acting Regional Administrator Enclosure

cc: Don Bay, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 

### 09 2009

Rebecca Osuna, Chairwoman Inaja And Cosmit 309 South Maple Street Escondido, CA 92024
DearChairwoman Osuna: I am writing you todayto 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 cubicmeter (uglm3) set in 1978, to a level of0.15 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 anew orrevised NAAQS, we then designate all geographic areas within the United States as attainment, undassifiable, or nonattainrnent 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) ofthe Act. Ifan 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 bedesignated as nonattainrnent. Under section 107(d)(1)(8) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations underthe new lead NAAQS byno 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 designatedbyno later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orundassifiablefor areas surrounding or adjacent to an area ofIndian 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 30l(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 Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. Tohelp ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtainedTAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, whichprovides guidance to tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under therevised lead standard. Interested tribes should submitrelevant 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 theirrecommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is a key step in the process ofprovidingthehealth protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos

. Acting Regional Administrator Enclosure

cc: Pam Arviso, Environmental DirectorUNITED 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 publichealth and welfare were protected, EPArevised 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 of0.15 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 therevised primary standard. When EPA promulgates a new orrevised NAAQS, wethen designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 oftheClean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meetthe national standard for the revised lead standard, orcontributes 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 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 leadmonitoring network, will be designated by no later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an areaofIndian country based onthe available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuantto section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. 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 Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant 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 onthe 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 byOctober 15, 2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshii Acting Regional Administrator Enclosure

cc: Tansey Anderson, NevadaTribal-State LiaisonUNITED 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 OfCalif 2755 Cottage Way, Ste. 14 Sacramento, CA 95825
Dear Executive Dir. Reitman: I am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how yourtribe may provide input during the lead NAAQS designation process. In orderto 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 primarylead 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 revisedprimary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainmentunder 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) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes 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 completeinitial 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 byno later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian 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 pursuantto 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 oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinud on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant datafor its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtained TAS eligibilityfor these purposes - to provide relevant infonnation (including designation recommendations) to EPAregarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidanceto tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under therevised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15, 2009. For areas not expectedto be designated by October2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas byOctober 15, 2010. Establishing area designations is akey step intheprocess ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould liketo consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshi Acting Regional Administrator EnclosureUNITED 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. InterTribal Council OfAz 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). Thenew 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 anew orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainmentunder section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan 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 bedesignated 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 underthe new lead NAAQS by no laterthan October 15,2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011. Under section 107 oftheAct, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based onthe 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 pursuantto section 301 (d) ofthe Act and EPA's regulations at 40 C.F.R. Part49. 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

Pn'nled on Recycled Paperprovide for direct administration by regulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribehas obtained TAS eligibility for thesepurposes - to provide relevant information (including designationrecommendations) 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 airpollution control agencies onthetimeline 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 October2010, states and tribes will havethe opportunityto update theirrecommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould liketo consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshii Acting Regional Administrator Enclosure

cc: Elaine Wilson, Environmental ContactUNITED 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 OfMiwok Indians P. O. Box 1190 lone, CA 95640
Dear Chairperson Franklin: I am writing you todayto 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 orderto ensure that publichealth 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 of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increasedprotection 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan 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 bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations withintwo years offinalizing a NAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations underthe new lead NAAQS by no laterthan October IS, 20I0, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated by no later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend adesignation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian 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'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases whereit determines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Pn'nud on**R~cyc/~d** Papaprovide for direct administrationbyregulation to achieve the appropriate purpose. Tohelp 'ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtained TAS eligibility for these purposes - to providerelevant 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 airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to bedesignated by October 2010, states and tribes will have the opportunity to update their recommendation letters as they pertain to these remaining areas byOctober 15,2010. Establishing area designations is a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshil Acting Regional Administrator Enclosure

cc: Sarah Norris, Environmental PlannerUNITED 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
DearChairperson Dalton: I am writing you todayto 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 orderto ensure that publichealth and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). Thenew primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does notmeet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated 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 deadlirie up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations underthe new lead NAAQS byno 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 statemayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surroundingor adjacent to an area ofIndian 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 notrequired 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. Part49. 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 Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidance to tribes and to**st~te** and local air pollution control agencies onthetimeline 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. Forareas not expectedto be designated by October2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignationrecommendations orwould liketo consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshii Acting Regional Administrator Enclosure

cc: Michael Fallon, Environmental ContactUNITED 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 of0.15 uglm3

. This new standard is based onthe 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 orrevised 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) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby areathat does not meet the standard, it will bedesignated 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 yearifthereis insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoringnetwork, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a statemayrecommend a designation ofattainment, nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. Whilethe 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'sregulations 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 Recycled Paperprovide for direct administrationbyregulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (includingdesignationrecommendations) 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 airpollution control agencies on the timeline and process for designatingareas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA byOctober 15,2009. For areas not expected to be designated byOctober 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 ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmakingdesignation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshil Acting Regional Administrator Enclosure

cc: Robert Mesa, Environmental DirectorUNITED 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 OfPaiute 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 AmbientAir Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS onOctober 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 onthe most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increasedprotection 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for therevised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnationto 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 bedesignated by no later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable'for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 30l(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 detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibility for these purposes - to provide relevant infonnation (includingdesignation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, whichprovides 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 areadesignations and boundaries with supporting documentation, to EPA by October 15, 2009. For areas not expected to be designatedby October 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos ii Acting Regional Administrator Enclosure

cc: LeAnn Skrzynski, Environmental ManagerUNITED 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 wereprotected, 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 of0.15 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes 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 offinalizing a NAAQS; however, EPA has the discretion to extend 

### the deadline up to one year ifthereis insufficient infonnationto 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 designatedby no later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 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) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 30I(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriateoradministratively infeasible," to

Printed on Rt'cycled Paperprovide for direct administrationbyregulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot 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 airpollution 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 ofproviding the health' protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshi Acting Regional Administrator Enclosure

cc: Earl Crosby, Natural Resources DirectorUNITED 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, EPArevised 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 of0.15 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainmentunder section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes 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 offinalizing aNAAQS; 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 byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated by no later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unclassifiab1e for areas surrounding or adjacent to an areaofIndian 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'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure thatEPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for thesepurposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidance to tribes and to state and local airpollution 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 areadesignations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to bedesignated by October 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection thatthe Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYosh

. Acting Regional Administrator Enclosure

cc: Rob Roy, Environmental CoordinatorUNITED 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 orderto ensure that public health and welfare wereprotected, EPArevised 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 cubicmeter (uglm3) set in 1978, to a level of0.15 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 orrevised 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 rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan 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 offinalizing aNAAQS; however, EPAhas the discretion to extend the deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October IS, 20I0, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoringnetwork, will be designatedby no later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surroundingoradjacent to an area ofIndian 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'sregulations 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 Recycled Paptrprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS 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 therevised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA by October 15,2009. For areas not expected to bedesignated byOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertainto these remaining areas by October 15,2010. Establishing area designations is akey step inthe process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshi Acting Regional Administrator Enclosure

cc: Javaughn Miller, Tribal AdministratorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 09 

### 2009
BennyTso, Chairperson Las Vegas Tribal Council No. One Paiute Drive Las Vegas, NV 89106
Dear ChairpersonTso: 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 of0.15 uglm3• This new standard is based onthe 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section I07(d) ofthe Act. Ifan 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 bedesignated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthereis insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedbyno later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specifically addresses states, interested tribes may also performthis 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'sregulations at 40 C.P.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where itdetermines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on**R~cycl~d** Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata 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 guidanceto tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations andboundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designatedby October 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertainto these remaining areas by October 15,2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshii Acting Regional Administrator Enclosure

cc: KennyAnderson, Program DirectorUNITED 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 todayto 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 increasedprotection 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, wethen designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes 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 underthe new lead NAAQS byno laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian country based onthe available lead monitoringdata. 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 oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled**Pap~r**provide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtainedTAS eligibility for these purposes - to provide relevant information (includingdesignation 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 submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to bedesignated 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, 201O. Establishing area designations is a key step inthe process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshii Acting Regional Administrator Enclosure

cc: Sheri Lovelll, Environmental DirectorUNITED 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 duringthe 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). Thenew primary lead standard was lowered from the 1.5 micrograms per cubicmeter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based onthe 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 orrevisedNAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainmentunder section 107 ofthe CleanAir Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. .Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby areathat 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 aNAAQS; however, EPA has the discretion to extendthe deadlineup to one year ifthereis insufficient information to make designations. EPA intends to complete initial designations underthe new lead NAAQSbyno later than October 15, 2010, for areas where sufficient-data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignatedbyno later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian 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) oftheAct and EPA's regulations at 40 C.F.R. Part49. 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 Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribehas obtainedTAS eligibility for these purposes - to provide relevant information (includingdesignationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidanceto tribes and to state and local air pollution control agencies on the timeline and process for designating areas under therevised lead standard. Interested tribes should submitrelevant 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 byOctober2010, states and tribes will have the opportunityto update theirrecommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshi ActingRegional Administrator Enclosure

cc: Mel Joseph, Environmental CoordinatorUNITED 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 of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increasedprotection 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean AirAct (Act). Designating an areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for therevised lead standard, or contributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section I07(d)(1 )(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthereis insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS by no later than October 15, 20I0, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignatedbyno later than October 15,2011. Under section 107 oftheAct, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian 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'sregulations at40 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 administrativelyinfeasible," to

Prinud on**R~cycl~d Pap~r** provide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether ornot 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, whichprovides guidance to tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant 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 theypertain to these remaining areas by October 15,2010. Establishing area designations is akey step inthe process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance or the designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosfiii Acting Regional Administrator Enclosure

cc: Sandra Stoneburner, Acting Environmental DirectorUNITED 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 orderto 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 primarylead 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. Toprovide 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 orrevised 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 areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan 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 deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno laterthan October 15,2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedbyno later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian 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. Part49. 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 Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for yourareas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. Forareas not expected to be designated byOctober 2010, states and tribes will have the opportunityto update their recommendation letters as theypertain to these remaining areas byOctober 15, 201

### O. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshii Acting Regional Administrator EnclosureUNITED 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
DearChairman Beltran: 1am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, andhow yourtribe may provideinput during the lead NAAQS designation process. In orderto ensure that publichealth and welfare were protected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). Thenew primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on themost recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provideincreased 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, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes 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 withintwo years offinalizing a NAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficient informationto 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 designatedbyno later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. While the language ofsection 107 specifically addresses states, interestedtribes 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) oftheAct and EPA'sregulations at 40 C.F.R. Part49. 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 Rf'c:ycled Paperprovide for direct administrationbyregulationto achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribehas obtained TAS eligibility for these purposes - to providerelevant 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 airpollution control agencies onthe 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 byOctober 15, 2009. Forareas not expected to be designatedbyOctober2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertainto these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYos Ii Acting Regional Administrator EnclosureUNITED 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 LyttonTribal Council 1300 N. Dutton Avenue, Suite A Santa Rosa, CA 95401
DearChairperson 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 cubicmeter (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 increasedprotection 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 therevised 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 fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meetthe 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 deadlineup to one year ifthere is insufficient infonnation to make designations. EPA intends to completeinitial designations under the new lead NAAQS byno. later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedbyno later thanOctober 15,2011.

. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unc1assifiable for areas-surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) byapplyingfor "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where itdetermines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Rt'cycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot thetribe has obtained TAS eligibilityfor these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto 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 byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing areadesignations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould lilce to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYosh Acting Regional Administrator Enclosure

cc: Brent Gudzus, Environmental Director