UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

The Honorable Michell Hicks 

Principal Chief of the Eastern Band 

of Cherokee Indians 

P.O. Box455 

Cherokee, North Carolina 28719 

Dear Principal Chief Hicks: 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

FEB - 6 2013 

I am writing today to inform you about the process for designating areas under the 2010 revision to the 

primary National Ambient Air Quality Standard for sulfur dioxide (S02). Reducing levels of S02 

pollution is an important part of the U.S. Environmental Protection Agency's commitment to a clean, 

healthy environment. Exposure to S02 can cause a range of adverse health effects, including narrowing 

of the airways which can cause difficulty breathing and increased asthma symptoms. This letter is to 

notify you of the EPA's preliminary intentions regarding your recommended designations. 

On June 3, 2010, the EPA strengthened the health-based or ''primary'' standard for S02 by establishing a 

standard for 1-hour average S02 concentrations at a level of 7 5 parts per billion. The Clean Air Act 

requires the EPA to complete the initial designations process within two years of promulgating a new or 

revised standard. If the Administrator has insufficient information to make these designations, the EPA 

has the authority to extend the designation process by up 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 of the 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 of stakeholders, the EPA has developed a comprehensive implementation strategy for 

these future actions that focuses resources on identifying and addressing unhealthy levels of S02. The 

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

continue to work closely with you and our other partners at the state, tribal and local levels to ensure 

health-protective, commonsense implementation of the 1-hour so2 standard. 

The EPA's review of the most recent monitored air quality data from 2009-2011 shows no violations of 

the 2010 S02 standard in any of the Eastern Band of Cherokee Indians trust lands. Consequently, the 

EPA is not yet prepared to propose designation action in the Eastern Band of Cherokee Indians trust 

lands and is therefore currently deferring action to designate areas in the Eastern Band of Cherokee 

Indians trust lands. The EPA expects to be able to proceed with designation action in the Eastern Band 

of Cherokee Indians trust lands once additional data are gathered pursuant to our comprehensive 

implementation strategy. In a separate future action or actions the EPA will notify you of our intended 

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 staff as 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 of my staff at 404-562-9326. 

cc: Jamie Long 

Manager, Environmental Department 

Sincerely, 

~~9ct Gwendolyn,yes Fleming 

Regional Administrator 

Gina McCarthy, Assistant Administrator for Air and Radiation 

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