UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4

The Honorable Michell Hicks Principal Chiefofthe Eastern Band

ofCherokee Indians P.O. Box455 Cherokee, North Carolina 28719
Dear Principal ChiefHicks: ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 

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- 6 2013

I am writing todayto inform you about the process for designating areas under the 2010 revision to the primaryNational Ambient Air Quality Standard for sulfurdioxide (S02). Reducing levels ofS02 pollution is an important part ofthe U.S. Environmental Protection Agency's commitmentto a clean, healthy environment. Exposure to S02 can cause a range ofadverse health effects, including narrowing ofthe airways which can cause difficultybreathing and increased asthma symptoms. This letter is to notify you ofthe EPA's preliminary intentions regarding yourrecommended designations. OnJune 3, 2010, the EPA strengthened the health-based or ''primary'' standard for S02 byestablishing a standard for 1-hour average S02 concentrations at a level of7 5 parts perbillion. The Clean 

### AirAct requires the EPA to complete the initial designations process within two years ofpromulgating a new or revised standard. Ifthe Administratorhas insufficient information to make these designations, the EPA has the authority to extend the designation process byup to one year. On July 27, 2012, the EPA announced that it had insufficient information to complete the designations for the 1-hour so2 standard within two years and extended the designations deadline to June 3, 2013.
At this time, the EPA is proceeding with designating as nonattainment most areas in locations where existing monitoring data from 2009-2011 indicate violations ofthe 1-hour S02 standard. The EPA intends to address the designations for all other areas in separate future actions. With input from a diverse group ofstakeholders, the EPA has developed a comprehensive implementation strategy for these future actions that focuses resources onidentifying and addressing unhealthy levels ofS02

. The strategy is available at: http://www.epa.gov/airquality/sulfurdioxide/implement.html

. The EPAwill continue to work closely with you and our otherpartners at the state, tribal and local levels to ensure health-protective, commonsense implementation ofthe 1-hour so2 standard. The EPA'sreview ofthe most recent monitored air quality data from 2009-2011 shows no violations of the 2010 S02standard in any ofthe Eastern Band ofCherokee Indians trust lands. Consequently, the EPA is not yet prepared to propose designation action in the Eastern Band ofCherokee Indians trust lands and is therefore currently deferring action to designate areas in the Eastern Band ofCherokee Indians trust lands. The EPA expects to be able to proceed with designation action in the Eastern Band ofCherokee Indians trust lands once additional data are gathered pursuant to our comprehensive implementation strategy. In a separate future action oractions the EPA will notify you ofourintended

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed**w~h** Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)designations for these areas, and seek public comment on these actions, no later than 120 days prior to promulgating any final designations.
We look forward to a continued dialogue with you and your staffas we work together to implement the 20 1 0 primary S02 standard. For additional information regarding initial designations on the S02 standard, please visit our website at www.epa.gov/so2designations. Should you have any questions, please do not hesitate to call me at 404-562-8357 or Beverly Banister ofmy staffat 404-562-9326.

cc: Jamie Long Manager, Environmental Department Sincerely,

# ~~9ct Gwendolyn,yes Fleming Regional Administrator

GinaMcCarthy, Assistant Administrator for Air and Radiation Stephen D. Page, Director, Office ofAir QualityPlanning and Standards