UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEWYORK, NY 10007-1866

Mr. Barry Snyder, Sr. President, SenecaNation ofIndians SenecaNation ofIndians 12837 Route 438 Irving, NY 14081
Dear Mr. Snyder:
I am writing you today to provide you with information on the process for designating areas that meet ormay not meetthe U.S. Environmental Protection Agency's (EPA) healthrelated National Ambient Air Quality Standards for lead. When EPA develops rules and policies we take ourresponsibility to consult with the federally recognized Indian tribes seriously and considerwhere these rules orpolicies may impact tribes and their environments. We wantto make sure that we are effectively communicating with you to ensure early tribal input on the designations process for lead.
On October 15, 2008, EPA promulgated a more stringent air quality standard for lead. This new standard is based onthe mostrecent scientific studies and provides additional protection against adverse health effects associated with exposure to airborne lead. To provide increased protection against lead-related welfare effects, EPA also revised the welfare-related secondary standard to be identical in all respects to the more stringenthealth-related standard.
When EPA promulgates anew or revised NAAQS, we then designate all geographic areas within the United States as "attainment", "nonattainment", or "unclassifiable" under section 107 ofthe Clean Air Act (Act). Designating an areaunderthe Act is accomplished through aformal rulemaking process outlined in Section 107(d)(1) ofthe Act. Ifan area does not meetthe national standard for the revised lead standard, or contributes to a nearby areathat does not meetthe standard, itwill be designated as nonattainment.
EPA does not recognize state designation recommendations as applying to Indian country because states generally have neitherthe responsibility northe authority for planning and regulatory activities underthe Clean AirAct in Indian country. While tribes are not obligated to participate in the designations process, EPA invites and encourages you to do so. By participating in the process, tribes can learn about state's plans to prepare recommendations for designations ofstate lands thatbordertribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. Ifyou are interested in participating in the designations process, we askthat you provide your designationrecommendations, including appropriate boundaries for the recommendations that you make, to EPA by October 15, 2009 with respectto the revised leadNational Ambient Air Quality Standards.

InternetAddress (URL). http://www.epa.gov Recycled/Recyclable. Prlntlld with Vegetable 011 Baaed Inks on Recycled Paper(Minimum 50% Postconsumer content)Once EPA receives and evaluates your recommendation itmay propose modifications to the recommended designations and boundaries. EPA will notify states and tribes by no laterthan 120 days prior to promulgating its final designations, ofany proposed modifications. You would then have the opportunity to comment on any modification thatEPA proposes to your original designation recommendation.
Ihave enclosed with this letter additional guidance to states, local airpollution control agencies and Indian tribes onthe time frame and process for designating areas under the revised lead standard. EPA plans to announce its proposed designations as early as possible, but no later than 120 days priorto promulgating initial designations. As previously mentioned

- this 120 day period is established to allow states and tribes an opportunity to review and commentupon any changes EPA proposes to make to your original recommendation.
Under section 107(d)(l)(B) ofthe Act, EPA is required to issue final designations within two years ofpromulgation ofthe final National Ambient Air Quality Standard. 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 by no laterthan October 15, 2010, where air quality data from the existing monitoring network is sufficient or where no additional data is expected to be available.
EPA will designate the remaining areas, where additional air quality information is expected from an expanded lead air monitoring network, by no laterthan October 15,2011. States and Indian tribes will have an opportunity to update theirrecommendations for 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. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specifics aspects ofthis guidance orthe designations process, please contactme at 212- 637-5000 orhave your staffcontactRaymond Werner, Chiefofthe Air Programs Branch, at 212-637-4249. Sincerely,

# l\~ 

# f "------------ George Pavlou Acting Regional Administrator
Enclosures

2cc: Adrian**Stevens~** Acting Director SenecaNation ofIndians Environmental Protection Dept. 84 Iroquois Drive Irving, NY 14081

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