UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2

290 BROADWAY

NEWYORK. NY 10007·1866

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Gary Wheeler, Representative

Cayuga Nation

P.O. Box 11

Versailles, NY 14168-0011

Dear Mr. Wheeler:

I am writing you today to provide you with information on the process for designating

areas that meet or may 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 our responsibility to consult with the federally recognized Indian tribes seriously and

consider where these rules or policies may impact tribes and their environments. We want to

make sure that we are effectively communicating with you to ensure early tribal input on the

designations process for lead.

On October 15,2008, EPA promulgated a more 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 stringent health-related standard.

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

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

section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished

through a formal rulemaking process outlined in Section 107(d)(I) 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.

EPA plans to announce its proposed designations as early as possible, but no later than

120 days prior to promulgating initial designations. As previously mentioned - this 120 day

period is established to allow states and tribes an opportunity to 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 of promulgation ofthe final National Ambient Air Quality Standard. 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 by no later than October 15,

2010, where air quality data from the existing monitoring network is sufficient or where no

additional data is expected to be available.

Internet Address (URL). htlp:/lwww.epa.gov

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EPA will designate the remaining areas, where additional air quality information is

expected from an expanded lead air monitoring network, by no later than 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 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 specifics aspects ofthis guidance or the designations process, please contact me at 212-

637-5000 or have your staff contact Raymond Werner, Chief ofthe Air Programs Branch, at

212-637-4249.

Sincerely,

~~~ George Pavlou

Acting Regional Administrator

cc: Tim Twoguns, Environmental Contact

Cayuga Nation

c/o Lakeside Enterprises

P.O. Box 786

Seneca Falls, New York 13148

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