UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2



## FEB 2 8 2011 Ray 

### Halbritter, Representative 

### Oneida Indian Nation 5218 Patrick Road Verona, NY 13421
Dear Mr. Halbritter: 290 BROADWAY NEWYORK, NY 10007-1866

The purpose ofthis letter is to provide you

### with information and guidance onthe U.S. Environmental ProtectionAgency's (EPA) designations process for the revised sulfur dioxide (SOz) national ambient air quality standard (NAAQS). Yonr IndianNation may find it important to engage inthe process ofassigning designations for Indian country. Therefore, we would like to invite you to participate inthe designations process and to offer you an opportunity to engage in early consultation. We want to ensure early transparent and effective communication in proposing area designations for the revised 

# so2 standard.
On June 3, 2010, EPA added a newprimary NAAQS for SO, 

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

### 99th percentile of 1-hour daily maximwn concentrations does not exceed 75 ppb. No changes were made to the existing 3-hour secondary standard. This actionrequired EPA to designate areas as attainment, nonattainment or unclassifiable only for the new, 1-honr 75 ppb SO, standard. Establishing area designations is a key step 

### inthe process ofprovidingthe health protection intended by the Clean

### Air Act (CAA). Section 107(d)(l)(A) ofthe CAA requires EPA to list and designate, within two years ofpromulgation ofa new orrevised NAAQS, all areas in the country, including Indian country, as either:
Attainment-areas that meet the standard; Nonattainment-areas that either do not meetthe standard, or are contributing to a nearby area that does not meetthe standard; or Unclassifiable..:.-areas where there is insufficient informationto make a determination.
These designations are based on current air quality information, recommendations from State Governors and IndianNationLeaders, and otherrelevant information discussed in the attached guidance document. We request and encourage yourrecommendation for designation ofyour area for consideration 

### inthis process. While Indian Nations are not obligated to participate 

### inthe designations process, we invite and encourage you to do so. Please notify us ifyou are interested 

### in participating 

### in the designations process and/or engaging 

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

Internet Address (URL} • http:/lwww.epa.gov RKycled/Recyclable •Printed with**Ves~etable** 011 Baaed Inks on Recyc:lecl Pepet" (Minimum 50% Postc:onsumer content)

### The enclosed memorandum provides guidance onthe process for designating areas under the new S02NAAQS. We plan to announce ourproposed designations as early as possible after receipt ofrecommendations, butno later than 120 days prior to promulgating the final designations. Following the announcement ofintended designations, Indian Nations will have an additional opportunity to consult with EPA onthe proposed designation.



### . In accordance with section 107(d)(l)(B)ofthe CAA, we are required to issue 

### final designations by no later thanJune 3, 2012. Our designations will be 

### based onthe most recent three calendar years ofcertified, quality-assured monitoring data available, and any other relevant information that is provided, including refined 

### air quality dispersion modeling. As the process moves forward, we will keep you andyour staffinformed ofany additional guidance or other support activities-; We look forward to working with you and your staffto develop area designations under the new S02standard 

### in a timely manner. Ifyour Indian Nation is interested in consultation or participating 

### in further discussions or meetings with EPA officials about the designations process, please do not hesitate to contact me orhave your staff contact Raymond Werner, ChiefAir Programs Branch, at 212-637-3706.

Enclosure Cc: Clint Hill Oneida Indian Nation 5218 Patrick Road Verona, NY 13421 Meghan Beakman, General Counsel 5218 Patrick Road Verona, NY 13421 Michael J. Massena P.E. Environmental Manager Oneida Indian Nation 306 Diamond Street Canastota, NewYork 13032 Sincerely,