UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION2



### FEB 2 8 2011 ChieflrvingPowless, Jr. OnondagaNation 102 W. Conklin Avenue Nedrow, NY 13120

Dear ChiefPowless: 290 BROADWAY NEW YORK, NY 10007-1866

The purpose ofthis letter is to provide youwith information and guidance on the U.S. Environmental ProtectionAgency's (EPA) designations process for the revised sulfur dioxide (S02) national ambient air quality standard (NAAQS). Your IndianNation may find it important to engage in the process ofassigning designations for Indian country. Therefore, we would like to invite you to participate in the designations process and to offer you an opportunityto engage in early consultation. We want to ensure early transparent and effective communication in proposing area designations for the re-vised 

## 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 maximum concentrations does not exceed 75 ppb. No changes were made to the existing 3-hour secondary standard. This action required EPA to designate areas as attainment, nonattainrnent or unclassifiable only for the new, 

### 1-hour75 ppb S02 standard. Establishing area designations is a key step in the process ofproviding the health protection intended by the Clean Air Act (CAA). Section 107(d)(l)(A) ofthe CAArequires EPA to list and designate, within two years ofpromulgation ofa newor revised NAAQS, all
areas in the country, including Indian country, as either:

Attainment-areas that meet 

### the standard; Nonattairunent-areas that eitherdo not meet the standard, orare contributing to a nearby
area that does not meet the standard; or Unclassifiable-areas where there is insufficient information to make a determination.

These designations are based on current air quality information, recommendations from State Governors and Indian Nation Leaders, and otherrelevant information discussed in the attached guidance document. We request and encourage your recommendation for designation ofyour area for consideration in this process.
While Indian Nations are not obligated to participate in the designations process, we invite and encoUrage youto do so. Please notify us ifyou are interested in participating**i~** the designations process and/or engaging in consultation regarding the process. Ifyou choose to participate, we ask that you provide your designations recommendation to EPA by June 3, 2011.

Internet Address (URL) • http://www.epa.gov R.cyc:l..t/Recyc:l•b'-.Printed wlh Vegetable 01 BaM<! Inks on Recyded**Paper(~** 30% Postconsumef}The enclosed memorandum provides guidance onthe process for designating areas under the new S02NAAQS. We plan to aiLnounce our proposed designations as early as possible after receipt ofrecommendations, but no later than 120 days priorto promulgatingthe 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 1() 7(d)(1)(B) ofthe CAA, we are required to issue final designations by no later than June 3, ::2012. Our designations will be based on the most recent three calendaryears ofcertified, qual.:ity·assured monitoring data available, and any other relevant infonnation that is provided,. including refined air quality dispersion modeling.

As the process moves forward, we will keep you and your staffinformed ofany additional guidance or other support activities. We look forward to working with you and your staffto develop area designations underthe new S02 standard in a timely manner. Ifyour Indian Nation is interested in consultation or:- participating in further discussions ormeetings with EPA officials about the designations process, please do not hesitate to contact me or have your staff contact Raymond Werner, Chief

### Air Programs Branch, at 212-637-3706.

Enclosure Sincerely, 

# {j;d•'+<-i 

# 31·

# ?:!~**~ ~udith**  A. Enck Regional Administrator

Cc: Jeanne Shenandoah, Commun_ity Liaison Onondaga Nation Communications Office 102 W. Conklin Avenue Nedrow, New York 13120 JosephJ. Heath, Esq. 716 East Washington St, Suite 104 Syracuse, New York 13210-1502

Dave Arquette, Director HETF P.O.Box 366 Rooseveltown, NY 13683