UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009

Darrell Mike, Chairperson 29 Palms Tribal Council 46-200 Harrison Place Coachella, CA 92236
Dear Chairperson Mike: 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, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates anew or revised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe CleanAir Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan areadoes not meet the national standard for the revised lead standard, or contributes to a nearby area that does notmeet the standard, it will be designated 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 underthe new lead NAAQS byno laterthan October 15,2010, for areas where sufficientdata 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, 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'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 administration byregulationto 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 thesepurposes - to provide relevant infonnation (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 air pollution 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 byOctober 15,2009. For areas not expected to be designated byOctober2010, states and tribes will have the opportunity to update their recommendation letters as theypertainto 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 ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-94T

.. 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~~ Laura Yoshii Acting Regional Administrator Enclosure

cc: Marshall Cheung, Tribal EPA CoordinatorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009

Richard Milanovich, Chairman Agua Caliente Tribal Council 5401 Dinah Shore Drive Palm Springs, CA 92264
Dear Chairman Milanovich:
I am writing you today to inform you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designationprocess. In orderto 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 themost recent scientific studies and provides increased protection against adverse health effects associated with exposureto 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, 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 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)(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 lead NAAQS by no later than October 15,2010, for areas where sufficientdata 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. 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 30l(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**Print~d** on**Rt!cyc/~d** 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 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 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 be designated by October 2010, states and tribes will have the opportunity to update their recommendation letters as they pertainto these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intendedto provide. Ifyou are interested in learning more about the process ofmakingdesignationrecommendations 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 McKaughanofmy staffat 520-498-0118. Sincerely,

# ~~ LauraYoshii Acting Regional Administrator
Enclosure

cc: Jeanne Jussila, Grants ManagerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009

Louis J. Manuel Jr., Chainnan Ak-Chin Indian Community 42507 W. Peters & Nail Road Maricopa, AZ 85239
DearChainnan Manuel:
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 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 on the most recent scientific studies and provides increased protection against adversehealth 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 AirAct (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 therevised 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 year ifthere is insufficient infonnation 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 infonnation from the expanded lead monitoringnetwork, will be designated by no 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 areaofIndian 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'sregulations 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 "inappropriateor administratively infeasible," toprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (including designationrecommendations) to EPAregarding 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 submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15, 2009. For areas not expected to 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 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,

Laura Yoshii Acting Regional Administrator
Enclosure

cc: KendraTso, 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
Phillip Del Rosa, Chairman Alturas Indian Rancheria P. O. Box 340 Alturas, CA 96101
Dear Chairman Del Rosa: 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 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 microgramsper 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, EPArevised 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, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunderthe 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, orcontributes to a nearby area that does notmeet 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 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 designatedby no later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, or unclassifiable 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'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 oradministratively infeasible," to

Printed 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 these purposes - to provide relevant infonnation (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 air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA by October 15,2009. For areas not expected to 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 in the process ofprovidingthe health protection thatthe Act is intended to provide. Ifyou are interested in learningmore about the process ofmakingdesignation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~~ Laura Yoshii Acting Regional Administrator
Enclosure

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

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009

MaryannMartin, Chairperson Augustine Reservation P. O. Box 846 Coachella, CA 92236
DearChairpersonMartin:
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 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 orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean AirAct (Act). Designating an area underthe 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 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 designated byno later than October 15, 2011.
Under section 107 ofthe Act, a statemayrecommend a designation ofattainment, nonattainment, or unclassifiable 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. 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 oradministratively infeasible," to

Prinud on Rt'cycli'd Paperprovide for direct administrationbyregulation to achievethe 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 thesepurposes - to provide relevant information (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 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 and boundaries with supporting documentation, to EPA by October 15, 2009. For areas not expected to be designatedbyOctober 2010, states and tribes will have the opportunity to update their recommendation letters as theypertainto these remaining areas byOctober 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 inlearningmore 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,

# =:i~ Acting Regional Administrator
Enclosure

cc: Bill Anderson, 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

Rhonda Welch-Scalco, Chairwoman Barona Band OfMission Indians 1095 Barona Road Lakeside, CA 92040
Dear Chairwoman Welch-Scalco:
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 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 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 anew or revised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainmentunder section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section I07(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 be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPAhas the discretion to extend the deadlineup 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 byno later than October 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 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 "inappropriate or administratively infeasible," to

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

­ whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (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 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 theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is akey step in the process ofproviding the health protectionthat 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 contactme at 415-947­ 8702 or ColleenMcKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Y shii Acting Regional Administrator
Enclosure

cc: Art Bunce, Tribal AttorneyUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE 

### SEP 0 9 2009 REGIONAL ADMINISTRATOR

Michael Young, Chairman Battle Mountain Band Council 37 Mountain View Drive, #11-EPA BattleMountain, NV 89820
Dear Chairman Young:
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 ensurethat 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 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 adversehealth effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributesto 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 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 statemayrecommend 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 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 detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to**Prinl~d** on**Rl'cyc/~d** Papuprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribehas obtained TAS eligibility for these purposes - to provide relevant infonnation (includingdesignation 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 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 byOctober 2010, states and tribes will have the opportunityto update their recommendation 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 learningmore about the process ofmakingdesignationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance or the designations process, please contact me at 415-947­ 8702 or ColleenMcKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yo hii Acting Regional Administrator
Enclosure

cc: Bernice Lalo, Environmental CoordinatorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### Sf? 0 9 ?009
Jim Edwards, Chairman Berry Creek Rancheria 5Tyme Way Oroville, CA 95966
Dear Chairman Edwards:
Iam 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 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 (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, 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 meetthe national standard for the revised lead standard, or contributes to a nearby area that does notmeet 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 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 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 oradjacentto 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 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 infonnation (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 air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas byOctober 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 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,

Laura Yoshii Acting Regional Administrator
Enclosure

cc: Duane Brown, Environmental ContactUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

## stp 09 

## 2009 Virgil Moorehead, Chainnan Big Lagoon Rancheria P. O. Drawer 3060 Trinidad, CA 95570
Dear Chainnan Moorehead:
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 duringthe lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October IS, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (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 AirAct (Act). Designating an area underthe Act is accomplished through a fonnal rulemaking process outlined in Section I07(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)(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 ifthereis insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October IS, 2010, 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 statemay 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. 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 achievethe appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtained TAS eligibility for thesepurposes - to providerelevant infonnation (includingdesignation recommendations) to EPA regarding appropnate 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 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 byOctober 15, 2009. For areas not expected to bedesignatedbyOctober 2010, 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 a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore 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 ofmystaffat 520-498-0118. Sincerely,

# ~~ LauraYoshii Acting Regional Administrator Enclosure

cc: ShawnaNeyra, Environmental OfficerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### ScP 0 9 

### 2009 Virgil Moose, Chairperson Big Pine Paiute Shoshone Tribe P. O. Box 700 Big Pine, CA 93513
Dear Chairperson Moose:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates anew orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe CleanAirAct (Act). Designating an area underthe 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) oftheAct, 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, 20 10, 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 IS, 20II. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unclassifiable for areas surrounding oradjacent 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 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 RI'CYc/l'd Paperprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtainsrelevant data for its designation decisions, EPA invites all tribes

­ whether ornotthe tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies 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 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 ofproviding the 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,

# /::::::!I~ Acting Regional Administrator
Enclosure

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

OFFICE OF THE REGIONAL ADMINISTRATOR stP 09 

### 2009

Elizabeth Kipp, Chairperson Big Sandy Rancheria P. O. Box 337 Auberry, CA 93602
Dear Chairperson Kipp:
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 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 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 therevised primary standard.
When EPA promulgates a new orrevised NAAQS, wethen 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 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)(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 byno later than October 15, 2010, for areas where sufficientdata 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 onthe available leadmonitoring 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 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

­ 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 enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designated by October 2010, 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 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 consultwith 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,

# ~k- LauraYoshii Acting Regional Administrator
Enclosure

cc: Gretchen Cox, Tribal AdministratorUNITED STATES ENVIRONMENTAL PROTEC"r10N AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 200g
Valentino Jack, Chainnan Big Valley Rancheria 2726 Mission Rancheria Road Lakeport, CA 95453
Dear ChainnanJack: 1am writing you today to infonn you about the process for designating areas underthe 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 be designated 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 ifthereis 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 designatedby no later than October 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 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) byapplying 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 administratively infeasible," to

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

­ whether or not the tribe has obtained TAS eligibility for 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 air pollution 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 supportingdocumentation, to EPA by October 15, 2009. For areas not expectedto 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 15,2010. 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 ofmakingdesignation recommendations or would 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,

Laura Yoshii Acting Regional Administrator
Enclosure

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

OFFICE OF THE REGIONAL ADMINISTRATOR 

### Sf? 0 9 2003
Monty Bengochia, Chainnan Bishop Tribal Council 50 Tu Su Lane Bishop, CA 93514
Dear Chainnan Bengochia:
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 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 on the 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 anew 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 fonnal 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 anearby 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 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 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 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 oradministratively infeasible," to

Printed on Recycled Paperprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtainsrelevant 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 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 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 theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofproviding the health protection thatthe Act is intendedto 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,

# f::::1::~ 

# ·
Acting Regional Administrator
Enclosure

cc: Brian Adkins, Environmental ManagerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE 

### SEP 0 

### 9**?()')~** REGIONAL ADMINISTRATOR

Claudia Brundin, Chairperson Blue Lake Rancheria P. O. Box 428 Blue Lake, CA 95525
Dear Chairperson Brundin:
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 ensurethat 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 exposureto 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, ornonattainment under 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 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 ifthereis 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 be designated by no later than October 15,2011.
Under section 107 ofthe Act, a statemay 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'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 oradministratively infeasible," to

Printed on**R~cycl~d** Papaprovide 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 providerelevant information (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 therevised lead standard. Interested tribes should submit relevant information, including any recommendations for areadesignations and boundaries with supporting documentation, to EPA byOctober 15,2009. Forareas not expected to bedesignated byOctober 2010, states and tribes will have the opportunityto updatetheirrecommendation letters as theypertain to these remaining areas byOctober 15,2010. Establishing area designations is a key step in theprocess ofproviding the health protection that the Act is intendedto provide. Ifyou are interested in learning more 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 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# uJ::::1~ Acting Regional Administrator
Enclosure

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

OFFICE OF THE REGIONAL ADMINISTRATOR
Joseph Sam, Chairperson Bridgeport PaiuteTribe P. O. Box 37 Bridgeport, CA 93517
Dear Chairperson Sam: 1am 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 primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard.
When EPA promulgates a new 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, orcontributes 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 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 leadNAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, usinginformation from the expanded lead monitoring network, will bedesignated byno later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend 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 notrequired to do so) by applying for "treatment-in-a-simi1ar-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 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 or not the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (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 on the timeline andprocess for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations andboundaries with supporting documentation, to EPA by October 15, 2009. Forareas not expected to be designatedbyOctober 2010, 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 ofproviding the 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 at 415-947­ 8702 orColleenMcKaughan ofmy staffat 520-498-0118. Sincerely,

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

Rhonda Morningstar Pope, Chairperson Buena Vista Rancheria P. O. Box 162283 Sacramento, CA 95816
Dear Chairperson Morningstar Pope:
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 yourtribe 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 increasedprotection 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 withinthe United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area underthe 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, 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 discretionto 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 laterthan 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 statemayrecommend a designation ofattainment, nonattainment, or unc1assifiable 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 perfonn this function (but are not required to do so) byapplying 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 administrationbyregulation 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 these purposes - to provide relevant infonnation (including designationrecommendations) to EPA regarding appropriate designations for your areas.
We are including an enclosureto this letter, which provides guidanceto 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 supportingdocumentation, 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 theypertainto 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 learningmore 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 McKaughanofmy staffat 520-498-0118. Sincerely,

LauraYoshii Acting Regional Administrator
Enclosure

cc: Paul A. Tupaz, Tribal AdministratorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 

### 9 2009

John A. James, Chainnan Cabazon General Council 84-245 Indio Springs Pkwy Indio, CA 92203
Dear Chainnan James:
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 orderto 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 (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, EPArevised 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 fonnal rulemaking process 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 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 infonnationto 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 infonnation from the expanded lead monitoring network, will be designatedbyno later than October 15,2011. Under section 107 ofthe Act, a statemay recommend 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 perfonnthis 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

Prinud on**R~cyc/~d** Paperprovide for direct administrationby regulation 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 providerelevant information (includingdesignationrecommendations) 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 submitrelevant information, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA by October 15,2009. For areas not expected to 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 akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore 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,

Acting Regional Administrator
Enclosure

cc: Gary Kelly, Environmental SpecialistUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE 

### SEP 0 9 ?009 REGIONAL ADMINISTRATOR

Luther Salgado, Sf., Chainnan Cahuilla Band P. O. Box 391760 Anza, CA 92539
Dear Chainnan Salgado:
I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level 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, EPArevised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainrnent 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)(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 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 may recommend a designation ofattainment, nonattainrnent, or unclassifiable 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'sregulations at 40 C.F.R. Part49. In addition, CAA section 30I(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printrd on Rrcyclrd Papuprovide 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 infonnation (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 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 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 designation recommendations 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,

# ~~ Laura Yosliii Acting Regional Administrator
Enclosure

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

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 

### 9 ?009

Silva Burley, Chairperson California ValIey Miwok Tribe 1163 E. March Lane, Ste 0, PMB #812 Stockton, CA 0
Dear Chairperson Burley:
I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to therevised primary standard.
When EPA promulgates a new orrevised NAAQS, we then designate alI geographic areas withinthe United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area underthe 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 anearby areathat does not meet the standard, it wilI 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 deadlineup 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, wilI be designated by no later than October 15,2011.
Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. Whilethe language ofsection 107 specificalIy 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 Rl'cyc:led Papl'rprovide for direct administration byregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or notthe tribe has obtained TAS eligibilityfor thesepurposes - 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 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 designatedbyOctober 2010, 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 in the process ofproviding the 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 contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~~ Laura Yoshii Acting Regional Administrator
Enclosure

cc: Debra Grimes, CulturalPreservationSpecialistUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR
Monique LaChappa, Chairwoman Campo General Council 36190 Church Road, Suite 1 Campo, CA 91906
Dear Chairwoman LaChappa:
Iam 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 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 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)(1)(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 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, orunclassifiable for areas surrounding oradjacentto 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) byapplying 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 "inappropriate or administratively infeasible," to**Print~d** on**R~cyd~d Pap~r** provide for direct administrationbyregulationto 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 providerelevant infonnation (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 air pollution control agencies onthetimeline 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 bedesignated byOctober 2010, states and tribes will have the opportunityto 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 learningmore about the process ofmaking designationrecommendations 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,

# /::::t~ Acting Regional Administrator
Enclosure

cc: Lisa Gover, Director, CAMPO EPAUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, 

### GA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SE? 09 

### 2009
Cherie Rhoades, Chairperson Cedarville Community Council 200 South Howard Street Alturas, CA 96101
Dear Chairperson Rhoades:
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 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, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(I)(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.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 be designated byno later than October 15,2011. Under section 107 ofthe Act, a statemay 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 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 Paperprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribehas obtained TAS eligibilityfor 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 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 bedesignated byOctober 2010, states and tribes will have the opportunity to update their recommendationletters 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 learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance or the designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura**~oshii** Acting Regional Administrator
Enclosure

cc: Duanna Knighton, AdministratorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco. CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SFP 09 

## 2009

Charles Wood, Chainnan Chemehuevi Indian Tribe P. O. Box 1976 Havasu Lake, CA 92363
Dear Chainnan Wood:
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 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 (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, 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, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthereis insufficient infonnation 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 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, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoringdata. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but arenotrequired 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 administration byregulation 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 obtained TAS eligibility for thesepurposes - to providerelevant infonnation (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 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. Forareas not expected to be designated by October 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertainto these remaining areas by October 15, 2010. Establishing area designations is akey step in theprocess ofproviding the 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 contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely, 

# L'::dr

Acting Regional Administrator
Enclosure

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

OFFICE OF THE REGIONAL ADMINISTRATOR 

## SEP 09 2009 Lloyd Mathiesen, Chairperson Chicken Ranch Rancheria 16929 Chicken Ranch Road Jamestown, CA 95327
Dear Chairperson Mathiesen:
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). Thenew 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 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, unclassifiable, or nonattainmentunder section 107 ofthe Clean Air Act (Act). Designating an area underthe 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)(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 by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, usinginformation 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 leadmonitoring 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**Prin,~d** on**Rf'cyc/~d** Papuprovide 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 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 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 supportingdocumentation, to EPA byOctober 15,2009. For areas not expected to be designated byOctober2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing areadesignations 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 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# L~ ActingRegional Administrator
EnclosureUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

## SEP 09 2009

Patricia Hennosillo, Chairperson Cloverdale Rancheria 555 S. Cloverdale Blvd. Cloverdale, CA 95425
DearChairperson Hennosillo:
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 orderto 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 (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies andprovides 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 area under the Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the I1ational standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno laterthan October IS, 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, 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) 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.P.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**Print~d** on**Rl'cyc/~d Pap~r** provide for direct administration byregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetheror not the tribe has obtained TAS eligibilityfor these purposes - to providerelevant infonnation (including designationrecommendations) 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 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 theypertain to these remaining areas byOctober 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 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 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# L:::1~ Acting Regional Administrator
Enclosure

cc: Mario Hennosillo, Environmental Planner