UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEWYORK. NY 10007·1866


## 30 Gary Wheeler, Representative CayugaNation P.O. Box 11 Versailles, NY 14168-0011 DearMr. Wheeler: I am writing you today to provide you with information on the process for designating areas that meet ormay not meet the U.S. Environmental Protection Agency's (EPA) healthrelated National Ambient Air Quality Standards for lead. When EPA develops rules and policies we take ourresponsibility to consult with the federally recognized Indian tribes seriously and considerwhere these rules orpolicies may impact tribes and their environments. We want to make sure that we are effectively communicating with you to ensure earlytribal input on the designations process for lead. On October 15,2008, EPA promulgated amore stringent air quality standard for lead. This new standard is based on the most recent scientific studies and provides additional protection against adverse health effects associated with exposure to airborne lead. To provide increased protection against lead-related welfare effects, EPA also revised the welfare-related secondary standard to be identical in all respects to the more stringenthealth-related standard. When EPA promulgates anew orrevised NAAQS, we then designate all geographic areas within the United States as "attainment", "nonattainment", or "unclassifiable" under section 107 ofthe Clean AirAct (Act). Designating an area underthe Act is accomplished through a formal rulemaking process outlined in Section 107(d)(I) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby areathat does not meet the standard, itwill be designated as nonattainment. EPAplans to announce its proposed designations as early as possible, butno laterthan 120 days priorto promulgating initial designations. As previouslymentioned

- this 120 day period is established to allow states and tribes an opportunityto review and comment upon any changes EPA proposes to make on original recommendations. Under section 107(d)(1)(B) ofthe Act, EPA is required to issue final designations within two years ofpromulgation ofthe final National Ambient Air Quality Standard. However, EPA has the discretion to extend the deadline up to one yearifthere is insufficient information to make designations. EPA intends to complete initial designations byno laterthan October 15, 2010, where air quality data from the existing monitoring network is sufficient orwhere no additional data is expected to be available.

InternetAddress (URL). htlp:/lwww.epa.gov RecycledlRecyclable • Prln*l with Vegetable 011 Based Inks on Recycled Paper (Minimum 50% POIItconaumer content)EPA will designate the remaining areas, where additional air quality information is expected from an expanded lead air monitoring network, by no laterthan October 15, 2011. States and Indian tribes will have an opportunity to update their recommendations for these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specifics aspects ofthis guidance orthe designations process, please contact me at 212- 637-5000 or have your staffcontact Raymond Werner, Chiefofthe Air Programs Branch, at 212-637-4249. Sincerely,

# ~~~ George Pavlou Acting Regional Administrator

cc: Tim Twoguns, Environmental Contact CayugaNation c/o Lakeside Enterprises P.O. Box 786 Seneca Falls, New York 13148

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