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

OFFICE OFTHE REGIONAl. ADMINISTRATOR 

## DEC 0 9 2011

The HonorableBenigno R. Fitial Commonwealth ofthe Northern Mariana Islands Juan A. Sabian Memorial Building Capitol Hill Saipan, MP 96950 Dear GovernorFitial: Thepurpose ofthis letter is to notifyyou ofthe U.S. Environmental Protection Agency's preliminary decision to designate the Commonwealth ofthe Northern Mariana Islands as unclassifiable/attainment for the revised 2008 ozone National Ambient Air Quality Standards, and to inform you ofour approach for completing the designations for the revised ozoneNAAQS. On March 12,2008, the EPA revised its NAAQS for ground-level ozone to provide increased protection ofpublic health and the environment. The EPA lowered the primary 8-hour ozone standard from 0.08 parts per million (ppm) to 0.075 ppm to protect against health effects associated with ozone exposure, including a range ofserious respiratory illnesses and increased premature death from heart or lung disease. The EPA revised the secondary 8-hour ozone standard, making it identical to the primary standard, to protect against welfare effects, including impacts on sensitive vegetation and forested ecosystems. History shows us that better health and cleaner air go hand-in-hand with economic growth. Working closely withthe states and tribes, the EPA is implementing the standardsusing a common sense approach that improves air quality and minimizes the burden on state and local governments. As part ofthis routine process, EPA is working with the states to identify areas in the country that meetthe standards and those that need to take steps to reduce ozonepollution. Within one year after a new or revised air quality standard is established, the Clean AirAct requires the Governor ofeach state to submit to the EPA a list ofall areas in the state, with recommendations for whether each area meets the standard. As a first step in implementing the 2008 ozone standards, the EPA asked states to submittheir designation recommendations, including appropriate area boundaries, by March 12,2009. In September 2009, the EPA announced it was reconsidering the 2008 ozone standards. The EPAlater took steps to delay the designation process for the 2008 ozone standards pending outcome ofthe reconsideration. However, in September 2011, the Office ofManagement and Budget returned to EPA the draft final rule addressing the reconsideration ofthe 2008 standards. On September 22,2011, the EPA restarted the implementation effort by issuing a memorandum to clarify for state and local agencies the status ofthe 2008 ozone standards and to outline plans for moving forward to implementthem. The EPA indicated that it would proceed with initial area designations for the 2008 standards, and planned to use the

Printed on Recycled Paperrecommendations states made in 2009 as updated by the most current, certified air quality data from 2008­ 2010. While the EPA did not request that states submitupdated designation recommendations, the EPA provided the opportunity for states to do so. As required bythe Clean AirAct, the EPA will designate an area as nonattainment ifit is violating the 2008 ozone standards or contributing to a violation ofthe standards in a nearbyarea. Consistentwith designations for previous ozone standards, the EPA intends to designate an area as unclassifiable/attainment ifthere are certified, quality-assured air qualitymonitoring data showingthe area is meeting the ozone standards orthere are no monitoring data for the area, and the EPA has not made adetermination thatthe area is contributingto a violation in a nearby area. The Commonwealth ofthe Northern Mariana Islands did notprovideEPA with a recommendation for ozone designations. Nevertheless, we would like to inform you that the EPA intends to designate the Commonwealth ofthe Northern Mariana Islands as unclassifiable/attainment. The EPA will also make its preliminarydesignation decisions and supporting documentation available to the general public for review and comment. We will be announcing a 30-daypublic comment period shortlyin the FederalRegister. Afterconsidering additional information we receive, the EPAplans to promulgate final ozone designations in the spring of2012. The EPA is committedto working with the states and tribes to share the responsibility ofreducing ozone airpollution. Current and upcoming federal standards and safeguards, including pollution reduction rules for power plants, vehicles and fuels, will assure steadyprogress to reduce ozoneforming pollution and will protectpublichealth in communities across the country. We look forward to a continued dialogue with you and your staffas we work together to implementthe 2008 ozone standards. Should you have anyquestions, please do nothesitate to contact me orAmyZimpfer, Associate Director, Air Division, ofmy staffat 415-947-4146 or zimofer.amy@epa.gov.

Jared Blumenfeld

cc: FrankRabauliman, Director, CNMIDivision ofEnvironmental Quality GinaMcCarthy, Assistant Administrator for Air and Radiation Stephen D. Page, Director, Office ofAir QualityPlanning and Standards