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

OFFICE OF THE REGIONAL ADMINISTRATOR 

### StP 09 2009 SherryCordova, Chairperson Cocopah Indian Tribe West County 15 and Avenue G Somerton, AZ 85350
Dear Chairperson Cordova: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1 )(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) byapplying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to**Prinl~d** on**Rt'cyc/~d** Paperprovide for direct administration byregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidanceto tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertainto these remaining areas by October 15, 2010. Establishing areadesignations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~~ LauraYoshii Acting Regional Administrator Enclosure

cc: Kevin Conrad, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 

### 9 2009

Robert Marquez, Chairperson Cold Springs Rancheria P. O. Box 209 Tollhouse, CA 93667
Dear Chairperson Marquez: I am writing you today to inform you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure thatpublic health and welfare were protected, EPA revised the lead NAAQS on October IS, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates anew orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno laterthan October 15,2010, for areas where sufficient dataare available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to**Print~d** on**Rt'cyc/~d** Papaprovide for direct administration by regulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunity to update their recommendation letters as they pertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshil Acting Regional Administrator Enclosure

cc: Lonnie Bill, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP Q

### 9 2009

Eldred Enas, Chainnan Colorado River Indian Tribes Route 1, Box 23-B Parker, AZ 85344
Dear Chainnan Enas: I am writing you todayto infonn you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubicmeter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, wethen designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area underthe Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for therevised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations underthe new lead NAAQS byno " later than October 15,2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a statemayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under therevised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations andboundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated byOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intendedto provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# !:::::1~ Acting Regional Administrator Enclosure

cc: Cheyenne Garcia, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009
Wayne Mitchum, Chairman Colusa Indian Community 3730 Highway45 Colusa, CA 95932
Dear Chairman Mitchum: I am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 PR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoringnetwork, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 30l(d) ofthe Act and EPA'sregulations at 40 C.P.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateoradministratively infeasible," to

Printed on Recycled Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtainsrelevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under therevised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA byOctober 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step inthe process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# L~ Acting Regional Administrator Enclosure

cc: Oscar Serrano, P.E., Senior EngineerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### 09 2009

C. Elaine Patterson, Chairperson Cortina Rancheria P. O. Box 1630 Williams, CA 95987
Dear Chairperson Patterson: I am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe CleanAir Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one yearifthere is insufficient informationto make designations. EPA intends to complete initial designations under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15, 2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based onthe available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinud on Rt!cyclt!d Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribehas obtained TAS eligibility for thesepurposes - to providerelevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA by October 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is akey step in theprocess ofprovidingthehealth protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmakingdesignation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# ~~ Acting Regional Administrator Enclosure

cc: DavidJones, WEPA Executive DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105-3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 

### 9 

## 2009
John Feliz, Tribal Chairman Coyote Valley Porno Indians P.'O. Box 39 Redwood Valley, CA 95470
DearTribal Chairman Feliz: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas withinthe United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act).· Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated by no later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unclassifiable for areas surrounding or adjacent to an area ofIndian country based on the availablelead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribehas obtained TAS eligibility for thesepurposes - to provide relevant infonnation (includingdesignationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA byOctober 15, 2009. For areas not expected to be designatedbyOctober 2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas byOctober 15, 2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intendedto provide. Ifyou are interested in learningmore about the process ofmaking designationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Y hii Acting Regional Administrator Enclosure

cc: Richard Campbell, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009

Harlan Pinto, Sr., Chainnan Cuyapaipe General Council 4054 Willows Road Alpine, CA 91903
Dear Chainnan Pinto: I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how yourtribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(8) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will be designated by no later than October 15, 2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant information (includingdesignationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA by October 15, 2009. For areas not expected to be designatedbyOctober2010, states and tribes will have the opportunity to updatetheir recommendationletters as theypertain to these remaining areas byOctober 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraY hii ActingRegional Administrator Enclosure

cc: Desiderio Vela, Environmental SpecialistUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 2009 Harvey Hopkins, Chairperson Dry Creek Tribal Council 190 Foss Creek Circle, Suite A Healdsburg, CA 95448
Dear Chairperson Hopkins: 1 am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubicmeter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increasedprotection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standardto be identical in all respects to the revised primary standard. When EPA promulgates anew orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using informationfrom the expanded lead monitoringnetwork, will be designated byno later than October 15, 2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, oruncIassifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinud on**R~cyc/ed Pap~r** provide for direct administrationby regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (including designation recommendations) to EPAregarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step inthe process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmakingdesignationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance or the designations process, please contact me at 415-947­ 8702 or ColleenMcKaughan ofmy staffat 520-498-0118. Sincerely,

# La~ Acting Regional Administrator Enclosure

cc: Thomas Keegan, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 

### 9 2009 Jerry Millett, Chairperson Duckwater Shoshone Tribe P. O. Box 140068 Duckwater, NV 89314
Dear Chairperson Millett: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15,2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPArevised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoringnetwork, will be designated byno later than October 15, 2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateoradministratively infeasible," to**Print~d** on**R~cycl~d Pap~r** provide for direct administration byregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor these purposes- to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designatedby October 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step inthe process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos i Acting Regional Administrator Enclosure

cc: Annette George-Harris, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 09 2009

Geraldine Johnson, Chairperson Elem Indian Colony P. O. Box 757 Clearlake Oaks, CA 95423
Dear ChairpersonJohnson: I am writing you todayto inform you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October IS, 2008 (73 FR 66964; November 12, 2008). Thenew primarylead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area underthe Act is accomplished through a formal rulemaking process outlined in Section I07(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby areathat does not meet the standard, it will be designated as nonattainment. Under section 107(d)(I)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations underthe new leadNAAQS byno laterthan October 15,2010, for areas where sufficient data are available. Remaining areas, using information from the expanded leadmonitoringnetwork, will be designatedbyno later than October IS, 2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an areaofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) byapplying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to providerelevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for areadesignations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated by October 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthe health protectionthat the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designationrecommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYo ii Acting Regional Administrator Enclosure

cc: Mike Schaver, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### Sf? 09 

### 2009
Dale Miller, Chairman Elk Valley Tribal Council 2332 Howland Hill Rd Crescent City, CA 95531
Dear Chairman Miller: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare wereprotected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubicmeter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on themost recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to therevised primary standard

.

.When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for therevised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient dataare available. Remaining areas, using information from the expanded lead monitoring network, will bedesignatedbyno later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes mayalso perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibility for thesepurposes - to providerelevant infonnation (including designationrecommendations) to EPAregarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidance to tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations andboundaries with supporting documentation, to EPA byOctober 15,2009. For areas not expected to be designatedby October 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas byOctober 15,2010. Establishing area designations is akey step in the process ofprovidingthehealth protectionthatthe Act is intendedto provide. Ifyou are interested in learningmore aboutthe process ofmaking designationrecommendations orwould liketo consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

# L~ ­

Acting Regional Administrator Enclosure

cc: Brock Richards, Environmental CoordinatorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### stP 09 2009
Lynette Piffero, Chairperson Elko Band Council 1745 SilverEagle Elko, NV 89801
Dear Chairperson Piffero: I am writing you today to infonnyou about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to anearby area that does not meet the standard, it will be designated as nonattainment. Under section I07(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 20I0, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will be designated by no later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonnthis function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301 (d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibility for these purposes - to provide relevant information (includingdesignationrecommendations) to EPAregarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. Forareas not expected to be designatedby October 2010, states and tribes will have the opportunity to update theirrecommendation letters as they pertain to these remaining areas by October 15, 20I

## o. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYoshii Acting Regional Administrator Enclosure

cc: Alfreida Jake, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OFTHE REGIONAL ADMINISTRATOR 

### SEP 09 ?m9 Alvin Marques, Chairperson Ely ShoshoneTribe 16 Shoshone Circle Ely, NV 89301
Dear Chairperson Marques: I am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designationprocess. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increasedprotection against lead-related welfare effects, EPA revised the secondary standard to beidentical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean AirAct (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section I07(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(I)(8) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extendthe deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno laterthan October 15, 20I0, for areas where sufficient data are available. Remaining areas, using information from the expanded leadmonitoring network, will bedesignated by no later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding oradjacentto an area ofIndian country based onthe available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achievethe appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtainedTAS eligibility for thesepurposes - to provide relevant infonnation (includingdesignation recommendations) to EPAregarding appropriate designations for your areas. We are including an enclosureto this letter, whichprovides guidance to tribes and to state and local airpollution control agencies on the timeline andprocess for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA byOctober 15, 2009. For areas not expected to be designatedbyOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to-these remaining areas by October 15, 2010. Establishing area designations is a key step in the process ofprovidingthehealth protection that the Actis intended to provide. Ifyou are interested in learningmore about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshii ActingRegional Administrator Enclosure

cc: Delores Manchester, Environmental Program ContactUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901



### SEP 0 

### 9 2009 GlendaNelson, Chairperson Enterprise Rancheria OfMaidu 3690 Olive Highway. Oroville, CA 95966
Dear ChairpersonNelson: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adversehealth effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does notmeet the national standard for therevised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(8) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthereis insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoringnetwork, will be designated by no later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surroundingor adjacent to an area ofIndian country based on the available lead monitoringdata. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinud on Rtcyc[td Paptrprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevantdata for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update their recommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consult with EPA officials about specific aspects ofthis guidance orthe designationsprocess, please contactme at 415-947­ 8702 or ColleenMcKaughan ofmystaffat 520-498-0118. Sincerely,

Laura YOShll Acting Regional Administrator Enclosure

cc: Ren Reynolds, Environmental ContactUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 ?009
Alvin Moyle, Chairperson Fallon-Paiute Shoshone Tribe 565 Rio Vista St Fallon, NV 89406
Dear Chairperson Moyle: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designationprocess. In order to ensure that public health and welfare wereprotected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increasedprotection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to beidentical in all respects to the revisedprimary standard. When EPA promulgates a new or revised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPAhas the discretion to extend the deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designatedbyno later than October 15, 2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunc1assifiable for areas surroundingor adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also performthis function (but are not required to do**~o)** by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriateor administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant information (includingdesignation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15, 2009. Forareas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is a key step in theprocess ofproviding the health protection that the Act is intended to provide. Ify-ou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh

. Acting Regional Administrator Enclosure

cc: Richard Black, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### Sf? 

### 0 9 2009
Aaron Townsend, Chair Fort Bidwell Indian Community P. O. Box 223 Fort Bidwell, CA 96112
Dear ChairTownsend: I am writing you today to inform you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In order to ensure that public health and welfare wereprotected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008), The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increasedprotection against adversehealth effects associated with exposure to lead. To provide increasedprotection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainmentunder section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPAhas the discretion to extend the deadline up to one year ifthereis insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an areaofIndian country based onthe available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 30 1(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Pn'rIIed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundarieswith supporting documentation, to EPA byOctober 15,2009. For areas not expected to bedesignated byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas byOctober 15, 2010. Establishing area designations is akey step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos ii Acting Regional Administrator Enclosure

cc: Loyette Meza, Environmental ManagerUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SfP 0 9 2009
Israel Naylor, Chairperson Fort Independence Reservation P.O. Box 67 Independence, CA 93526
Dear Chairperson Naylor: I am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubicmeter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based onthe most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainmentunder section 107 ofthe Clean AirAct (Act). Designatingan area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadlineup to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations underthe new lead NAAQS byno laterthan October 15,2010, for areas where sufficient data are available. Remaining areas, usinginformation from the expanded lead monitoring network, will bedesignatedbyno later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surroundingoradjacent to an area ofIndian country based on the available lead monitoringdata. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Pn'nted on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that 

### EPA obtains relevant data for its designation decisions, 

### EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to 

### EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated byOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October IS, 2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely, 

# . V

# L~ Acting Regional Administrator Enclosure

cc: Dennis Mattinson, Interim Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 

### 0 9 2009

Dale Barr, Chairperson Fort Mcdennitt Paiute-Shoshone P. O. Box 457 McDennitt, NY 89421
Dear Chairperson Barr: I am writing you today to infonn you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input duringthe lead NAAQS designation process. In order to ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3• This new standard is based onthe most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a fonnal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignated by no later than October 15,2011. Under section 107 ofthe Act, a state mayrecommend a designation ofattainment, nonattainment, orunclassifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonnthis function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) oftheAct and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it detennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administration byregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas byOctober 15, 2010. Establishing areadesignations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designationrecommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yoshii Acting Regional Administrator Enclosure

cc: Duane Masters, Environmental ContactUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 

### 9 2009

Raphael Bear, President Fort Mcdowell Yavapai Nation P. O. Box 17779 Fountain Hills, AZ 85269
Dear President Bear: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPArevised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). Thenew primary lead standard was lowered from the 1.5 micrograms per cubicmeter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignatedbyno later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, or unc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Prinud on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submitrelevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated byOctober 2010, states and tribes will have the opportunityto update theirrecommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmakingdesignation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos Acting Regional Administrator Enclosure

cc: Mark Frank, Environmental SpecialistUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 0 9 

## 2009
Timothy Williams, Chairperson Fort Mojave Indian Tribe 500 Merriman Avenue Needles, CA 92363
Dear Chairperson Williams: I am writing you todayto inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input duringthe lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primarylead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increasedprotection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)( 1)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to completeinitial designations under the new lead NAAQS by no laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated by no later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are notrequired to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 30l(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administration by regulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibility for these purposes - to provide relevant infonnation (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supportingdocumentation, to EPA by October 15, 2009. For areas not expected to be designated by October2010, states and tribes will have the opportunityto update their recommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is a key step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYOShli Acting Regional Administrator Enclosure

cc: Luke Johnson, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SF!' 0 9 2009

William Rhodes, Governor Gila River Indian Community P. O. Box 97 Sacaton, AZ 85247
Dear Governor Rhodes: I am writing you today to infonn you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare wereprotected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based onthe most recent scientific studies andprovides increased protection against adverse health effects associated with exposure to lead. To provide increasedprotection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area underthe Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new leadNAAQS byno later than October 15,2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will bedesignatedbyno later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, incases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether or not the tribe has obtained TAS eligibility for these purposes - to provide relevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, which provides guidanceto tribes and to state and local air pollution control agencies on thetimeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15,2009. For areas not expected to be designated by October2010, states and tribes will havethe opportunity to update theirrecommendation letters as they pertain to these remaining areas byOctober 15, 2010. Establishing area designations is a key step in the process ofproviding the health protection that the Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contact me at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh 1 Acting Regional Administrator Enclosure

cc: Margaret Cook, Director, DEQUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

### SEP 09 2009
Rupert Steele, Chairman Goshute Business Council P.O. Box 6104 Ibapah, UT 84034
Dear Chairman Steele: I am writing you today to inform you about the process for designating areas under the 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). Thenew primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemakingprocess outlined in Section I07(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributes to a nearby area that does not meet the standard, it will bedesignated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations within two years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will be designated byno later than October 15, 2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA'sregulations at 40 C.F.R. Part 49. In addition, CAA section 30I(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriatepurpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whetherornot the tribe has obtainedTAS eligibilityfor thesepurposes - to providerelevant information (including designation recommendations) to EPA regarding appropriate designations for your areas. We are including an enclosureto this letter, whichprovides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15, 2009. For areas not expected to be designated byOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertain to these remaining areas by October 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protectionthatthe Act is intended to provide. Ifyou are interested in learningmore about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yosh 1 Acting Regional Administrator Enclosure

cc: Ed Naranjo, Tribal AdministratorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINiSTRATOR 

# srp 0 9 

### 2009 Greg Sarris, Tribal Chainnan Graton Rancheria 6400 Redwood Drive, Suite 300 Rohnert Park, CA 94928
DearTribal Chainnan Sarris: I am writing you todayto infonn you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12,2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (ug/m3) set in 1978, to a level of0.15 ug/m3

. This new standard is based onthe most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unc1assifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an areaunder the Act is accomplished through a fonnal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, or contributes to a nearby area that does not meet the standard, it will be designated as nonattainment. Under section 107(d)(l)(B) ofthe Act, EPA issues final designations withintwo years offinalizing a NAAQS; however, EPA has the discretion to extend the deadline up to one year ifthere is insufficient infonnation to make designations. EPA intends to complete initial designations under the new lead NAAQS by no later than October 15, 2010, for areas where sufficient data are available. Remaining areas, using infonnation from the expanded lead monitoring network, will be designated byno later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunc1assifiable for areas surrounding or adjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interested tribes may also perfonn this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 30l(d)ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where itdetennines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulation to achieve the appropriate purpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtainedTAS eligibilityfor these purposes - to provide relevant information (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local air pollution control agencies onthe timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant information, including any recommendations for area designations and boundaries with supporting documentation, to EPA by October 15, 2009. For areas not expected to be designated by October2010, states and tribes will have the opportunity to update their recommendation letters as theypertain to these remaining areas by October 15,2010. Establishing area designations is a key step in the process ofproviding the health protection thatthe Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 orColleen McKaughan ofmy staffat 520-498-0118. Sincerely,

LauraYos i Acting Regional Administrator Enclosure

cc: Devin Chatoian, Environmental DirectorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901

OFFICE OF THE REGIONAL ADMINISTRATOR 

# srp 0 9 

## 2009
Kyle Self, Chairperson Greenville Rancheria P. O. Box 279

- 410 Main St. Greenville, CA 95947
Dear Chairperson Self: I am writing you today to inform you about the process for designating areas underthe 2008 National Ambient Air Quality Standard (NAAQS) for lead, and how your tribe may provide input during the lead NAAQS designation process. In orderto ensure that public health and welfare were protected, EPA revised the lead NAAQS on October 15, 2008 (73 FR 66964; November 12, 2008). The new primary lead standard was lowered from the 1.5 micrograms per cubic meter (uglm3) set in 1978, to a level of0.15 uglm3• This new standard is based on the most recent scientific studies and provides increased protection against adverse health effects associated with exposure to lead. To provide increased protection against lead-related welfare effects, EPA revised the secondary standard to be identical in all respects to the revised primary standard. When EPA promulgates a new orrevised NAAQS, we then designate all geographic areas within the United States as attainment, unclassifiable, ornonattainment under section 107 ofthe Clean Air Act (Act). Designating an area under the Act is accomplished through a formal rulemaking process outlined in Section 107(d) ofthe Act. Ifan area does not meet the national standard for the revised lead standard, orcontributesto a nearby area that does notmeet the standard, it will be designated as nonattainment. Under section 107(d)(1)(B) ofthe Act, EPA issues final designations within two years offinalizing aNAAQS; however, EPAhas the discretion to extend the deadline up to one yearifthere is insufficient information to make designations. EPA intends to complete initial designations under the new lead NAAQS byno laterthan October 15, 2010, for areas where sufficient data are available. Remaining areas, using information from the expanded lead monitoring network, will bedesignated byno later than October 15,2011. Under section 107 ofthe Act, a state may recommend a designation ofattainment, nonattainment, orunclassifiab1e for areas surrounding oradjacent to an area ofIndian country based on the available lead monitoring data. While the language ofsection 107 specifically addresses states, interestedtribes may also perform this function (but are not required to do so) by applying for "treatment-in-a-similar-manner-as-a-state" (TAS) eligibility for this purpose pursuant to section 301(d) ofthe Act and EPA's regulations at 40 C.F.R. Part 49. In addition, CAA section 301(d)(4) gives EPA discretionary authority, in cases where it determines that treatment oftribes as identical to states is "inappropriate or administratively infeasible," to

Printed on Recycled Paperprovide for direct administrationbyregulationto achieve the appropriatepurpose. To help ensure that EPA obtains relevant data for its designation decisions, EPA invites all tribes

­ whether ornot the tribe has obtained TAS eligibilityfor these purposes - to provide relevant infonnation (including designationrecommendations) to EPA regarding appropriate designations for your areas. We are including an enclosure to this letter, which provides guidance to tribes and to state and local airpollution control agencies on the timeline and process for designating areas under the revised lead standard. Interested tribes should submit relevant infonnation, including any recommendations for area designations and boundaries with supporting documentation, to EPA byOctober 15,2009. Forareas not expected to be designatedbyOctober2010, states and tribes will have the opportunity to update theirrecommendation letters as theypertainto these remaining areas byOctober 15, 2010. Establishing area designations is akey step in the process ofprovidingthe health protection that the Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations or would like to consultwith EPA officials about specific aspects ofthis guidance orthe designations process, please contactme at 415-947­ 8702 or Colleen McKaughan ofmy staffat 520-498-0118. Sincerely,

Laura Yos ii Acting Regional Administrator Enclosure

cc: Christa Stewart, Environmental Director