UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105-3901
 

OFFICE OF THE 

DEC 0 9 2011 REGIONAl. ADMINISTRATOR 

The Honorable Benigno R. Fitial 

Commonwealth of the Northern Mariana Islands 

Juan A. Sabian Memorial Building 

Capitol Hill 

Saipan, MP 96950 

Dear Governor Fitial: 

The purpose ofthis letter is to notify you of the U.S. Environmental Protection Agency's preliminary 

decision to designate the Commonwealth of the Northern Mariana Islands as unclassifiable/attainment 

for the revised 2008 ozone National Ambient Air Quality Standards, and to inform you of our 

approach for completing the designations for the revised ozone NAAQS. 

On March 12,2008, the EPA revised its NAAQS for ground-level ozone to provide increased 

protection of public 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 of serious 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 with the states and tribes, the EPA is implementing the standards using a common sense 

approach that improves air quality and minimizes the burden on state and local governments. As part 

of this routine process, EPA is working with the states to identify areas in the country that meet the 

standards and those that need to take steps to reduce ozone pollution. Within one year after a new or 

revised air quality standard is established, the Clean Air Act requires the Governor of each state to 

submit to the EPA a list of all 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 submit their 

designation recommendations, including appropriate area boundaries, by March 12,2009. In 

September 2009, the EPA announced it was reconsidering the 2008 ozone standards. The EPA later took 

steps to delay the designation process for the 2008 ozone standards pending outcome of the 

reconsideration. However, in September 2011, the Office of Management and Budget returned to EPA the 

draft final rule addressing the reconsideration of the 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 of the 2008 ozone standards and to outline plans for moving forward to implement them. The EPA 

indicated that it would proceed with initial area designations for the 2008 standards, and planned to use the 

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recommendations 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 submit updated designation recommendations, the EPA 

provided the opportunity for states to do so. 

As required by the Clean Air Act, the EPA will designate an area as nonattainment if it is violating the 

2008 ozone standards or contributing to a violation of the standards in a nearby area. Consistent with 

designations for previous ozone standards, the EPA intends to designate an area as 

unclassifiable/attainment if there are certified, quality-assured air quality monitoring data showing the 

area is meeting the ozone standards or there are no monitoring data for the area, and the EPA has not 

made a determination that the area is contributing to a violation in a nearby area. 

The Commonwealth of the Northern Mariana Islands did not provide EPA with a recommendation for 

ozone designations. Nevertheless, we would like to inform you that the EPA intends to designate the 

Commonwealth of the Northern Mariana Islands as unclassifiable/attainment. 

The EPA will also make its preliminary designation decisions and supporting documentation available 

to the general public for review and comment. We will be announcing a 30-day public comment period 

shortly in the Federal Register. After considering additional information we receive, the EPA plans to 

promulgate final ozone designations in the spring of 20 12. 

The EPA is committed to working with the states and tribes to share the responsibility of reducing 

ozone air pollution. Current and upcoming federal standards and safeguards, including pollution 

reduction rules for power plants, vehicles and fuels, will assure steady progress to reduce ozoneforming pollution and will protect public health in communities across the country. We look forward to 

a continued dialogue with you and your staff as we work together to implement the 2008 ozone 

standards. Should you have any questions, please do not hesitate to contact me or Amy Zimpfer, 

Associate Director, Air Division, of my staff at 415-947-4146 or zimofer.amy@epa.gov. 

Jared Blumenfeld 

cc:	 Frank Rabauliman, Director, CNMI Division ofEnvironmental Quality 

Gina McCarthy, Assistant Administrator for Air and Radiation 

Stephen D. Page, Director, Office of Air Quality Planning and Standards