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 public health 

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

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

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

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15,2011. 

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

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

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

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

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

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

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

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

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

about specific aspects ofthis guidance or the designations process, please contact me at 415-94T.. 

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

Sincerely, 

Laura 

~~Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Marshall Cheung, Tribal EPA Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0 9 2009 

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

Laura 

~~Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Jeanne Jussila, Grants Manager 
UNITED 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 

Dear Chainnan 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 order to ensure that public health 

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

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

cubic meter (uglm3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

rulemaking process outlined in Section 107(d) of the Act. 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) of the Act, EPA 

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

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

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

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

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

than October 15,2011. 

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

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

based on the available lead monitoring data. While the language 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) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

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

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Kendra Tso, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0 9 2009 

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 public health 

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

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

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

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15,2011. 

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

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

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

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

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

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

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

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

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

Laura 

~~Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Creig Marcus, Tribal Administrator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

SEP 0 9 2009 REGIONAL ADMINISTRATOR 

Maryann Martin, Chairperson 

Augustine Reservation 

P. O. Box 846 

Coachella, CA 92236 

Dear Chairperson Martin: 

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

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

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

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

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

cubic meter (ug/m3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

Prinud on Rt'cycli'd Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

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

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

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

=:i~ Acting Regional Administrator 

Enclosure 

cc: Bill Anderson, Environmental Coordinator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0 9 2009 

Rhonda Welch-Scalco, Chairwoman 

Barona Band Of Mission 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 order to ensure that public health 

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

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

cubic meter (ug/m3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15,2011. 

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

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

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

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

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

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

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

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

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

Laura Y shii 

Acting Regional Administrator 

Enclosure 

cc: Art Bunce, Tribal Attorney 
UNITED 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 

Battle Mountain, 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 ensure that public health 

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

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

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15,2011. 

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

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

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

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

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

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

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

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

Prinl~d on Rl'cyc/~d Papu 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

Laura Yo hii 

Acting Regional Administrator 

Enclosure 

cc: Bernice Lalo, Environmental Coordinator 
UNITED 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 

5 Tyme Way 

Oroville, CA 95966 

Dear Chairman Edwards: 

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

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

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

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

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

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Duane Brown, Environmental Contact 
UNITED 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 during the lead NAAQS designation process. In order to ensure that public health 

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

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

cubic meter (uglm3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

later than 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 of the Act, a state may recommend a designation of attainment, 

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

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

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

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

pursuant to section 301(d) 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

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

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

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

infonnation (including designation recommendations) to EPA regarding appropnate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

Laura 

~~Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Shawna Neyra, Environmental Officer 
UNITED 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 of 0.15 ug/m3• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

later than October 15, 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, 20 II. 

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

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

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

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

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

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

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

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

Printed on RI'CYc/l'd Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

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

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

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

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

Enclosure 

cc: Alan Bacock, Environmental Director 
UNITED 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 order to ensure that public health 

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

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

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

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

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

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

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

Laura 

~k- Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Gretchen Cox, Tribal Administrator 
UNITED 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 Chainnan Jack: 

1am writing you today to infonn you about the process for designating areas under the 

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

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

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

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

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Sarah Ryan, Environmental Director 
UNITED 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 order to ensure that public health 

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

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

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15,2011. 

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

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

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

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

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

pursuant to section 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 Paper 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

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

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

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

f::::1::~ · 

Acting Regional Administrator 

Enclosure 

cc: Brian Adkins, Environmental Manager 
UNITED 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 today to inform you about the process for designating areas under the 

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

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

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

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

cubic meter (uglm3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15,2011. 

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

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

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

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

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

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

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

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

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

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

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

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

recommendations for area designations and boundaries with supporting documentation, to EP A 

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

uJ::::1~ Acting Regional Administrator 

Enclosure 

cc: Michelle Fuller, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

Joseph Sam, Chairperson 

Bridgeport Paiute Tribe 

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 order to ensure that public health 

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

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

cubic meter (ug/m3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

rulemaking process outlined in Section 107(d) of the Act. 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) of the Act, EPA 

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

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

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

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

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

than October 15,2011. 

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

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

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

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

by applying for "treatment-in-a-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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

Acting Regional Administrator 

Enclosure 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

SEP 0 9 2009 REGIONAL ADMINISTRATOR 

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 your tribe may 

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

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

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

cubic meter (uglm3

) set in 1978, to a level of 0.15 uglm3

• This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

areas within the United States as attainment, unc1assi fiable, or nonattainment under section 107 

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Paul A. Tupaz, Tribal Administrator 
UNITED 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 order to ensure that public health 

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

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

cubic meter (ug/m3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

rulemaking process outlined in Section 107(d) of the Act. 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) of the Act, EPA 

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

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

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

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

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

than October 15,2011. 

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

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

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

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

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

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

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

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

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

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

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

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15,2010. 

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

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

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

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

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

Sincerely, 

Acting Regional Administrator 

Enclosure 

cc: Gary Kelly, Environmental Specialist 
UNITED 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 of 0.15 uglm3. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

Printrd on Rrcyclrd Papu 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

Laura 

~~Yosliii 

Acting Regional Administrator 

Enclosure 

cc: Brian Behari, Interim Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 0 9 ?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 of 0.15 ug/m3. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15,2011. 

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

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

based on the available lead monitoring data. While the language of section 107 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) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

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

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

Printed on Rl'cyc:led Papl'r 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

Laura 

~~Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Debra Grimes, CulturalPreservationSpecialist 
UNITED 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: 

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

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

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

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

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

cubic meter (uglm3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

Print~d on R~cyd~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

/::::t~ Acting Regional Administrator 

Enclosure 

cc: Lisa Gover, Director, CAMPO EPA 
UNITED 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 of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15,2011. 

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

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

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

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

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

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

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

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

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

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

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

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

Laura ~oshii

Acting Regional Administrator 

Enclosure 

cc: Duanna Knighton, Administrator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco. CA 94105·3901
 

OFFICE OF THE 

SFP 09 2009 REGIONAL ADMINISTRATOR 

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

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

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

cubic meter (uglm3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

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

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

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

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

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

than October 15, 2011. 

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

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

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

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

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

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

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

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

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

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

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

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

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

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

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

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

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

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

remaining areas by October 15, 2010. 

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

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

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

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

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

Sincerely, 

L'::dr 

Acting Regional Administrator 

Enclosure 

cc: Gilbert Parra, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 2009 

Lloyd Mathiesen, Chairperson 

Chicken Ranch Rancheria 

16929 Chicken Ranch Road 

Jamestown, CA 95327 

Dear Chairperson Mathiesen: 

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

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

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

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

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

cubic meter (uglm3

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

recent scientific studies and provides increased protection against adverse health effects 

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

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

standard. 

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

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

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

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

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

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

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient information to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 2010, for areas where sufficient data are available. Remaining areas, 

using information from the expanded lead monitoring network, will be designated by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301(d) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prin,~d on Rf'cyc/~d Papu 
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

information (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

. We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant information, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Acting 

L~Regional Administrator 

Enclosure 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR SEP 09 2009 

Patricia Hennosillo, Chairperson 

Cloverdale Rancheria 

555 S. Cloverdale Blvd. 

Cloverdale, CA 95425 

Dear Chairperson 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 order to ensure that public health 

and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 PR 66964; 

November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per 

cubic meter (ug/m3

) set in 1978, to a level of 0.15 ug/m3

. This new standard is based on the most 

recent scientific studies and provides increased protection against adverse health effects 

associated with exposure to lead. To provide increased protection against lead-related welfare 

effects, EPA revised the secondary standard to be identical in all respects to the revised primary 

standard. 

When EP A promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) ofthe Act. If an area does not meet the 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 of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perfonn this function (but are not required to do so) 

by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose 

pursuant to section 301 (d) 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on Rl'cyc/~d Pap~r
provide for direct administration by regulation to achieve the appropriate purpose. To help 

ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes ­

whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant 

infonnation (including designation recommendations) to EPA regarding appropriate designations 

for your areas. 

We are including an enclosure to this letter, which provides guidance to tribes and to state 

and local air pollution control agencies on the timeline and process for designating areas under 

the revised lead standard. Interested tribes should submit relevant infonnation, including any 

recommendations for area designations and boundaries with supporting documentation, to EPA 

by October 15,2009. For areas not expected to be designated by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

L:::1~ Acting Regional Administrator 

Enclosure 

cc: Mario Hennosillo, Environmental Planner