Ref: 8P-AR UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http:/lwww.epa.gov/region08



### AUG 

### i 

## 9 2014

The Honorable Darwin St. ClairJr., Chairman Eastern Shoshone Tribe P.O. Box 538 Ft. Washakie, Wyoming 82514

Dear Chairman St. Clair:

This letter is to notify you ofthe U.S. Environmental Protection Agency's preliminary decision to designate the Eastern Shoshone Tribe's area ofIndian country as unclassifiable/attainment for the 2012 revised primary annual fine particle (PM2.s) National Ambient Air Quality Standard (NAAQS) and to inform you ofour approach for completingthe designations. Although your involvement is not required,

we would like to invite you to participate in the designations process and to offer you consultation.

On December 14,2012,the EPA promulgated a revised primary annual PM2.sNAAQS (78 FR 3086, January 15, 2013). In that action, the EPA revised the primary annual PM2.s standard, strengthening it from 15.0 micrograms per cubic meter**(~g/m )**  to 12.0**~g/m ;**  retained the existing 24-hourPM2.s standard at 35**~g/m ;**  retained the existing 24-hourPM10(coarse particle) standard at 150**~g/m ;**  and retained the current suite ofsecondary PM standards. The EPA revised the primary annual PM2.s standard based on an integrated assessment ofan extensive body ofnew scientific evidence, which substantially strengthens ourbody ofknowledge regarding PM2.s-related health effects. The revised primary annual PM2.s standard will provide increased protection for children, older adults, persons with pre-existing heart and lung disease, and other at-risk populations against an array ofPM2.s-related adverse health effects, includingpremature mortality, increased hospital admissions and emergency department visits, and development and exacerbation ofchronic respiratory disease.

History shows us that betterhealth and cleaner air go hand-in-hand with economic growth. Working closely with the states andtribes, the EPA is implementing the standards using a commonsense approach that improves air quality and minimizes the burden on state, local, and tribal governments. As part of this routine process, the EPA is working with the states and tribes to identify areas inthe country that meet the standards and those that need to take steps to reduce PM2.s airpollution. Within one year of promulgating a new orrevised air quality standard, the Clean Air Act (CAA) requires the Governor of

1each state to submit to the EPA a list ofall areas in the state, with recommendations for whether each

area meets the standard. Although tribes are not required to submitrecommendations, the EPA encourages tribes to participate inthe designations process, and provides themwith an opportunity to submitrecommendations ifthey choose to do so. Participatingtribes are requested to follow the same schedule as states, ifpossible. States and tribes were asked to submittheir designation recommendations, including appropriate area boundaries, by December 13, 2013.

In a letter dated May 22,2014, the EPA encouraged you to participate inthe designations process, request consultation, and submitrecommendations ifyou chose to do so. We did not receive a recommendation letter or consultationrequest from you. However, because the EPA is required to designate all areas ofthe country, we intendto promulgate an appropriate designation for your area of Indian country. This is not the final step inthe designationprocess, and you still have time to provide air quality information to the EPA andrequest consultation. More informationregarding this designation is included below.

As required by the CAA, the EPA promulgates designations for all areas across the country. The EPA designates an area as "nonattainment" ifit is violating the NAAQS orifit is contributing to a violation ofthe NAAQS in a nearby area. Consistent with designations for previous PM2.s standards, the EPA intends to use a designation category of"unclassifiable/attainment" for areas that are monitoring attainment or do not have monitors, but for which the EPAhas reason to believe are likely attainment and are not contributingto nearby violations. Additionally, the EPA intends to designate as "unclassifiable"those areas where the EPA either cannot determine based on available information whether the areais meeting the NAAQS, orhas not determined whetherthe area contributes to a nearby violation. At this time, the EPA is proceeding with intended initial area designations using qualityassured, certified air quality monitoring data from 2011 to 2013.

After considering relevant technical information, including 2011-2013 air quality data, the EPA intends to designate your area ofIndian country as unclassifiable/attainment along with the surrounding state

area. These data do not indicate any violation ofthe 2012 annual PM2.s NAAQS in the Eastern Shoshone Tribe's area oflndiancountry or contributionto any nearby area. Consequently the EPA intends to designate the Eastern Shoshone Tribe's entire area oflndian country as unclassifiable/attainment. Ifyou have additional informationthat the EPA should consider, we ask thatyou submit it to us by October 29, 2014.

Please notify us by September29, 2014 ifyou are interested in consulting withus regarding the designations process. Whenrequested, consultation will be conducted in accordance withthe EPA Policy on Consultation andCoordination with Indian Tribes (www.epa.gov/tribal/consultation/consultpolicy.htm).

The EPA will make its preliminary designation decisions and supporting documentation available to the general public for review and comment. We will be announcing a 30-day public comment period shortly in the Federal Register. After considering additional information we receive, the EPA plans to promulgate final annual PM2.s designations in December 2014.

### The EPA is committedto working with the states and tribes to share the responsibility ofreducing PM2.s airpollution. Current and upcoming federal standards and safeguards- includingpollution reduction rules for powerplants, vehicles, and fuels- will assure steadyprogress to reduce PM2.s-forming pollution and will protectpublic health in communities across the country. We look forward to working together with you and your staffto implementthe 2012 annual PM2.s standard. Ifyourtribe is interested in consultation orparticipating in further discussions ormeetings with the EPA officials about the designations process, please do not hesitate to contact me, or have your staffcontact Crystal Ostigaard ofmy staffat (303) 312-6602 or ostigaard.crystal@epa.gov.

cc: Ryan Ortiz, Environmental Director Jolene Catron, Air Coordinator Regional Administrator

Janet G. McCabe, Acting Assistant Administrator for Air and Radiation Stephen D. Page, Director, Office ofAir Quality Planning and Standards