UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2



## FEB 2 B

## 2011 ChiefLeo R. Henry TuscaroraNation 2006 Mt Hope Road Via Lewiston, New York 14092 Dear ChiefHenry: 290 BROADWAY NEWYORK, NY 10007-1866

The purpose ofthis letter is to provide you 

### with information and guidance on the U.S. Environmental Protection Agency's (EPA) designations process for the revised sulfur dioxide (S02) national ambient air quality standard (NAAQS). Your Indian Nation may find it important to engage in the process ofassigning designations for Indian country. Therefore, we would like to invite you to participate 

### inthe designations process and to offer you an opportunity to engage in early consultation. We want to ensure early transparent and effective communication 

### in proposing area designations for the revised 802 standard. On June 3, 20I0, EPA added a new primary NAAQS for SO, 

### in order to provide increased protection ofpublic health from S02pollution. The new standard of75 parts per billion (ppb), is attained when the 3-year average ofthe 

### 99th percentile of 1-hour daily maximum concentrations does not exceed 75 ppb. No changes were made to the existing 3-hour secondary standard. This action required EPA to designate areas as attainment, nonattainment or unclassifiable only for the new, !-hour75 ppb SO, standard. Establishing area designations is a key step in the process ofproviding the health protection intended by the Clean Air Act (CAA). Section 107(d)(l)(A) ofthe CAA requires EPA to list and designate, 

### within two years ofpromulgation ofa new orrevised

### NAAQS~ all areas in the country, including Indian country, as either: · Attainment-areasthat meet the standard; Nonattainment-areas that either do not meet the standard, or are contributing to a nearby area that does not meet the standard; or Unclassifiable-areas where there is insufficient information

### to make a determination. These designations are based on current air quality**infonnatio~** recommendations from State Governors and IndianNation Leaders, and other relevant information discussed in the attached guidance document. We request and encourage your recommendation for designation ofyour area for considerationin this process. While IndianNations are not obligated to participate inthe designations process, we invite and encourage you to do so. Please notify us ifyou are interested inparticipating 

### inthe designations process and/or engaging in consultationregarding the process. Ifyou choose to participate, we ask that you provide your designations recommendation to EPA by June 3, 2011.

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with**Ves~etable** 011 Baaed Inks on Recycled Paper (Minimum 50% PostcoMumer content}**~----~----------------------**

The enclosed memorandum provides guidance on the process for designating areas under 

### the new S02 NAAQS. 

### Weplan to announce our proposed designations as early as possible after receipt ofreconunendations, but no later than 120 days prior to promulgatingthe 

### final 

### designations. Following the announcement ofintended designations, IndianNations will have an additional opportunity to consult

### with EPA on the proposed designation. 

### In accordance with section 107(d)(l)(B) ofthe CAA, 

### we are required to issue fmal designations by no later than June 3, 2012. Our designations will be based onthe most recent three calendar years ofcertified, quality-assured monitoring data available, and any other relevant information

### that is provided, including refined 

### air quality dispersion modeling. 

### As the process moves forward, we will keep you and your staffinformed ofany additional guidance or other support activities. We look forward to working

### with you and your staffto develop area designations under the new 

### S02 standard 

### in a timely manner. Ifyour Indian Nation is interested in consultation or participating in further discussions or meetings with EPA officials about the designations process. please do not hesitate to contact me orhave your staff contact Raymond Werner, Chief

### Air Programs Branch, at 212-637-3706.

Enclosure Cc: Neil PattersonJr., Director Tuscarora Environment Program 2045 Upper Mouotain Road Via Sanborn, NewYork 14132 Dave Arquette, Director 

### HETF P.O. Box366 Rooseveltown, NY 13683 Sincerely, 

# Ovd(+()(. 'c!rqc-A..__
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# ~udithA. Enck Regional Administrator