UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

StP 09 2009 

Sherry Cordova, 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, 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 of 0.15 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, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the Act and EPA's regulations 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinl~d on Rt'cyc/~d Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura 

~~Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Kevin Conrad, Environmental Director 
UNITED 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 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 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 of 0.15 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 EP A promulgates a new or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on Rt'cyc/~d Papa 
provide 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 or not 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 

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 by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshil 

Acting Regional Administrator 

Enclosure 

cc: Lonnie Bill, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP Q9 2009 

Eldred Enas, Chainnan 

Colorado River Indian Tribes 

Route 1, Box 23-B 

Parker, AZ 85344 

Dear Chainnan Enas: 

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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) ofthe Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 or not 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 

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 October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

!:::::1~ Acting Regional Administrator 

Enclosure 

cc: Cheyenne Garcia, Environmental Director 
UNITED 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 Highway 45 

Colusa, CA 95932 

Dear Chairman Mitchum: 

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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) ofthe Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the Act and EPA's regulations 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 "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Acting 

L~Regional Administrator 

Enclosure 

cc: Oscar Serrano, P.E., Senior Engineer 
UNITED 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 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 (ug/m3

) set in 1978, to a level of 0.15 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, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on Rt!cyclt!d Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

~~Acting Regional Administrator 

Enclosure 

cc: David Jones, WEPA Executive Director 
UNITED 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 

Dear Tribal 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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act).· Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 or not 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 

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 by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Y hii 

Acting Regional Administrator 

Enclosure 

cc: Richard Campbell, Environmental Director 
UNITED 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 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, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Y hii 

Acting Regional Administrator 

Enclosure 

cc: Desiderio Vela, Environmental Specialist 
UNITED 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: 

1am 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 (ug/m3

) set in 1978, to a level of 0.15 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, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or uncIassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on R~cyc/ed Pap~r
provide 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 or not 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 

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 by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Acting 

La~Regional Administrator 

Enclosure 

cc: Thomas Keegan, Environmental Director 
UNITED 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 of 0.15 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, EP A 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, 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) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Print~d on R~cycl~d Pap~r
provide 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 or not 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 

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 by October 15, 2010. 

Establishing area designations is a key step in the process ofproviding the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Annette George-Harris, Environmental Director 
UNITED 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 Chairperson Johnson: 

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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section I07(d) ofthe Act. If an 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)(B) of the Act, EPA 

issues final designations within two years offinalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 IS, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects ofthis guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yo ii 

Acting Regional Administrator 

Enclosure 

cc: Mike Schaver, Environmental Director 
UNITED 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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 or not 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 

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 by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

L~­

Acting Regional Administrator 

Enclosure 

cc: Brock Richards, Environmental Coordinator 
UNITED 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 Silver Eagle 

Elko, NV 89801 

Dear Chairperson Piffero: 

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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an 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 I07(d)(l)(B) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there is insufficient infonnation to make 

designations. EPA intends to complete initial designations under the new lead NAAQS by no 

later than October 15, 20 I0, 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 20 Io. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Alfreida Jake, Environmental Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

SEP 09 ?m9 

Alvin Marques, Chairperson 

Ely Shoshone Tribe 

16 Shoshone Circle 

Ely, NV 89301 

Dear Chairperson Marques: 

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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section I07(d) ofthe Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing 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, 20 I0, 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 or not 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 

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 by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Delores Manchester, Environmental Program Contact 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

SEP 0 9 2009 

Glenda Nelson, Chairperson 

Enterprise Rancheria Of Maidu 

3690 Olive Highway. 

Oroville, CA 95966 

Dear Chairperson Nelson: 

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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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 )(8) of the Act, EPA 

issues final designations within two years of finalizing 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 Rtcyc[td Paptr 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura YOShll 

Acting Regional Administrator 

Enclosure 

cc: Ren Reynolds, Environmental Contact 
UNITED 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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 107 specifically 

addresses states, interested tribes may also perform this 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) of the 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 Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If y-ou are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely,
 

Laura Yosh .
 

Acting Regional Administrator
 

Enclosure 

cc: Richard Black, Environmental Director 
UNITED 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 Chair Townsend: 

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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the Act and EPA's regulations 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Pn'rIIed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Loyette Meza, Environmental Manager 
UNITED 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 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, 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, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Pn'nted on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October IS, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

. V

Acting 

L~Regional Administrator 

Enclosure 

cc: Dennis Mattinson, Interim Environmental Director 
UNITED 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 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 of 0.15 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, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 by no later 

than October 15,2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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 "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yoshii 

Acting Regional Administrator 

Enclosure 

cc: Duane Masters, Environmental Contact 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105·3901
 

OFFICE OF THE 

SEP 0 9 2009 REGIONAL ADMINISTRATOR 

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 order to ensure that public health 

and welfare were protected, EP A 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 of 0.15 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 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 area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Prinud on Recycled Paper 
provide 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 or not 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 

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 by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos 

Acting Regional Administrator 

Enclosure 

cc: Mark Frank, Environmental Specialist 
UNITED 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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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 of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 or not 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 

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 by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura YOShli 

Acting Regional Administrator 

Enclosure 

cc: Luke Johnson, Environmental Director 
UNITED 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 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 of 0.15 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, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 by no later 

than October 15, 2011. 

Under section 107 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yosh 1 

Acting Regional Administrator 

Enclosure 

cc: Margaret Cook, Director, DEQ 
UNITED 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 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 of 0.15 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, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section I07(d) ofthe Act. If an 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) of the Act, EPA 

issues final designations within two years offinalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30 I(d)(4) gives EPA discretionary authority, in cases where it determines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yosh 1 

Acting Regional Administrator 

Enclosure 

cc: Ed Naranjo, Tribal Administrator 
UNITED 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 

Dear Tribal Chainnan Sarris: 

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 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 of 0.15 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, unc1assifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a fonnal 

rulemaking process outlined in Section 107(d) of the Act. If an 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) of the Act, EPA 

issues final designations within two years of finalizing a NAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 by no later 

than October 15,2011. 

Under section 107 ofthe Act, a state may recommend a designation of attainment, 

nonattainment, or unc1assifiable for areas surrounding or adjacent to an area of Indian 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) of the Act and EPA's regulations at 40 C.F.R. Part 49. In addition, 

CAA section 30 1(d)(4) gives EPA discretionary authority, in cases where it detennines that 

treatment of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 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 by October 2010, states and tribes 

will have the opportunity to update their recommendation letters as they pertain to these 

remaining areas by October 15,2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process ofmaking designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan ofmy staff at 520-498-0118. 

Sincerely, 

Laura Yos i 

Acting Regional Administrator 

Enclosure 

cc: Devin Chatoian, Environmental Director 
UNITED 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 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 of 0.15 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 or revised NAAQS, we then designate all geographic 

areas within the United States as attainment, unclassifiable, or nonattainment under section 107 

of the Clean Air Act (Act). Designating an area under the Act is accomplished through a formal 

rulemaking process outlined in Section 107(d) of the Act. If an 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 of finalizing aNAAQS; however, EPA has the 

discretion to extend the deadline up to one year if there 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 of the Act, a state may recommend a designation of attainment, 

nonattainment, or unclassifiab1e for areas surrounding or adjacent to an area of Indian country 

based on the available lead monitoring data. While the language of section 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) of the 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 of tribes as identical to states is "inappropriate or administratively infeasible," to 

Printed on Recycled Paper 
provide 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 or not 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 

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 by October 15, 2010. 

Establishing area designations is a key step in the process of providing the health 

protection that the Act is intended to provide. If you are interested in learning more about the 

process of making designation recommendations or would like to consult with EPA officials 

about specific aspects of this guidance or the designations process, please contact me at 415-947­

8702 or Colleen McKaughan of my staff at 520-498-0118. 

Sincerely, 

Laura Yos ii 

Acting Regional Administrator 

Enclosure 

cc: Christa Stewart, Environmental Director