\-f'CD sr,q,. 

# ,, 

# .. -- ", "

PRO-f'C UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET, SUITE 1100 BOSTON, MASSACHUSETTS 02114- 2023

February 4 , 2009
Honorable Victoria Higgans 

### , Chief Aroostook Band of Micmacs 8 Northern Road Presque Isle , ME 04769 Dear Chief Higgans:

On March 12 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 

### 08 pars per milion to 0. 075 parts per milion, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard, which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard , making it identical to the revised primary standard , to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EP A' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS , section 1 07( d)(1 

### )(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment " or unclassifiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone. EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While 

### tribes are not obligated to paricipate in the designations process , EP A encourages you to 

### do so. By paricipating in the process , you can learn about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide relevant information to EP A regarding appropriate designations for your tribal lands. If you are interested in participating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the recommendations that you make , to EP A by March 12 , 2009 , with respect to the revised

Toll Free. 1- 888- 372-7341 Internet Address (URL) . http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)ozone NAAQS.



### The enclosed memorandum provides detailed guidance to state , tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcement of intended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 2010 (although that deadline may be extended up to one additional year if EP A 

### determines that insuffcient information is available to establish designations by that date). Our designations wil be based on the 

### most recent 3 years of certified, quality assured ozone air quality monitoring data available. 

### 1 Ozone nonattainment areas wil be 

### classified at the time of designation. The approach EP 

### A wil use to classify 

### nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed rulemaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your government is interested in formal consultation or further discussions or meeting with EP A officials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 1664. 

# l:'

Ira W. Leighton 

### Acting Regional Administrator
Enclosure
cc: Fred Corey, Environmental Director

I A list of counties violating the 2008 ozone standard based on 2004- 2006 data is posted at htt://www. epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006. pdf\.."-o sr"ll' 

# -:

,, 

# -- "\

1-/0 v -'L PROI\O UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET, SUITE 1100 BOSTON, MASSACHUSETTS 02114- 2023

FeDrudry 4 , 2009

Honorable Brenda Commander

### , Chief Houlton Band of Maliseet Indians 88 Bell Road Littleton, ME 04730
Dear Chief Commander:

On March 12 , 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 

### 08 parts per milion to 0. 

### 075 parts per milion, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard , which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard, making it identical to the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EP A' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation ofa new or revised NAAQS , section 107(d)(1)(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment " or unclassifiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone. EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By paricipating in the process , you can learn about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant information to EP A regarding appropriate designations for your tribal lands. If you are interested in paricipating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the recommendations that you make , to EP A by March 12 , 2009 , with respect to the revised

Toll Free .1- 888- 372- 7341 Internet Address (URL) . http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)ozone NAAQS.



### The enclosed memorandum provides detailed guidance to state , tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the anouncement of intended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 2010 (although that deadline may be extended up to one additional year if EP A 

### determines that insuffcient information is available to establish designations by that date). Our designations wil be based on the 

### most recent 3 years of certified, quality assured ozone air quality monitoring data available. 

### ! Ozone nonattainment areas wil be 

### classified at the time of designation. The approach EP 

### A wil use to classify nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed ru1emaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your government is interested in formal consultation or further discussions or meeting with EP A offcials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 1664. Sincerely,



### Acting Regional Administrator
Enclosure

cc: Sham Venno 

### , Environmental Planner

1 A list of counties violating the 2008 ozone standard based on 2004- 2006 data is posted at htt://www. epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006. pdf",\i.EO sr

r, 

# .. --

1-10 "It PROi. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET , SUITE 1100 BOSTON , MASSACHUSETTS 02114- 2023

February 4 , 20'09

Honorable Michael Thomas , Chairman Mashantucket Pequot Tribal Nation Tribal Office Indiantown Rd. , PO Box 3060 Mashantucket, CT 06339- 3060
Dear Chairman Thomas:

On March 12 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 08 parts per 

### milion to 0. 075 parts per milion, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard , which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard, making it identical to the revised primary standard , to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EP A' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS , section 1 07( d) (1 

### )(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment 

### " or unclassifiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By participating in the process , you can lear about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant information to EP A regarding appropriate designations for your tribal lands. 

### If you are interested in paricipating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the

Toll Free. 1- 888- 372-7341 Internet Address (URL) . http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)

### recommendations that you make , to EP A by March 12 , 2009 , with respect to the revised

ozone NAAQS. 

### The enclosed memorandum provides detailed guidance to state , tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcementofintended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 2010 (although that deadline may be extended up to one additional year if EP A 

### determines that insuffcient information is available to establish designations by that date). Our designations wil be based on the most recent 3 years of certified, quality assured ozone air quality monitoring data available. 

### ! Ozone nonattainment areas will be 

### classified at the time of designation. The approach EP 

### A wil use to classify 

### nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed rulemaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your 

### governent is interested in formal consultation or further discussions or meeting with EP A offcials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 1664. Sincerely,

# MpIra W. Leighton 

### Acting Regional Administrator
Enclosure

cc: Michael Boland , Dir. Of Natural Resources

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at htt://www. epa, gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf€.O sr",. 

# -:

,. --



### 1-" v ,,( PRO\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET , SUITE 1100 BOSTON , MASSACHUSETTS 02114- 2023

February 4 , 2009

Honorable Shawn Hendricks , Chainnan Mashpee Wampanoag O. Box 1048 483 Great Neck Road South Mashpee , MA 02649
Dear Chainnan Hendricks:

On March 12 , 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 

### 08 parts per milion to 0. 

### 075 parts per milion , based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of 

### the fonner standard , which was promulgated in 1997. EP A also strengthened the secondar 8-hour ozone standard , making it identical to the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EP A' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS , section 107(d)(1)(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment " or unclassifiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone. EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By participating in the process , you can learn about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant infonnation to EP A regarding appropriate designations for your tribal lands. If you are interested in participating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the

Toll Free 01- 888- 372- 7341 Intemet Address (URL) 0 http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

### recommendations that you make , to EP A by March 12 , 2009, with respect to the revised

ozone NAAQS. 

### The enclosed memorandum provides detailed guidance to state , tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcement of intended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 2010 (although that deadline may be extended up to one additional year if EP A 

### detennines that insuffcient information is available to establish designations by that date). Our designations wil be based on the 

### most recent 3 years of certified, quality assured ozone air quality monitoring data available. 1o Ozone nonattainment areas wil be 

### classified at the time of designation. The approach EP 

### A wil use to classify nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed rulemaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your government is interested in formal consultation or further discussions or meeting with EP A offcials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 1664. Sincerely, 

# cflv /AIra W. Leighton 

### Acting Regional Administrator
Enclosure

cc: George Green , Co-

### Enviro Director Quan Tobey, Co-

### Enviro Director

10 A list of counties violating the 2008 ozone standard based on 2004- 2006 data is posted at htt://www. epa. gov/air/ozonepollution/pdf !2008 03 design values 2004 2006. pdf\ilOO STill: '" 

# .. -- 

## '" "

l;( PR011'u UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET , SUITE 1100 BOSTON , MASSACHUSETTS 02114- 2023

Februry 4 , 2009

Honorable Bruce Bozsum, Tribal Chairman Mohegan Tribe 

### 5 Crow Hil Road 

### Uncasvile , CT 06382
Dear Chairman Bozsum:

On March 12 2008 , the Environmental Protection Agency (EPA) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 

### 08 pars per milion to 0. 075 parts per milion, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard , which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard, making it identical to the revised primary standard , to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EPA' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS , section 1 07( 

### d)(l )(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment 

### " or unclassifiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards will be required to adopt plans to reduce ambient concentrations of ozone. EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By participating in the process , you can learn about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant information to EP A regarding appropriate designations for your tribal lands. If you are interested in participating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the recommendations that you make , to EPA by March 12 2009 , with respect to the revised

Toll Free. 1- 888- 372- 7341 Internet Address (URL) . http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)ozone NAAQS.



### The enclosed memorandum provides detailed guidance to state , tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcement of intended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 

### 2010 (although that deadline maybe extended up to one additional year ifEPA determines that insuffcient information is available to establish designations by that date). Our designations wil be based on the most recent 3 years of certified, quality assured ozone air quality monitoring data available. 

### l Ozone nonattainment areas wil be 

### classified at the time of designation. The approach EP 

### A wil use to classify 

### nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed rulemaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your government is interested in formal consultation or further discussions or meeting with EP A officials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart . at 617- 918- 1664. Sincerely, 

# (.



# 'f.

Ira W. Leighton 

### Acting Regional Administrator Enclosure



### cc: Jean McInis , Environmental Protection Department Administrator

1 A list of counties violating the 2008 ozone standard based on 2004- 2006 data is posted at 

### htt://ww. epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf..,"''EO Si,q,. 

# ,, 

# .. -- 

# "\

1-)o "I( PR01 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET , SUITE 1100 BOSTON , MASSACHUSETTS 02114- 2023

Februry 4 , 2009

Honorable Matthew Thomas 

### , Chief Narragansett Indian Tribe PO Box 268 Charlestown, RI 02813
Dear Chief Thomas:

On March 12 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 

### 08 pars per milion to 0. 075 parts per milion, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard, which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard, making it identical to the revised primary standard , to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EPA' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS , section 1 07( d) (1 

### )(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment " or unclassifiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By paricipating in the process , you can learn about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant information to EP A regarding appropriate designations for your tribal lands. If you are interested in participating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the recommendations that you make , to EP A by March 12 , 2009, with respect to the revised

Toll Free -1- 888- 372- 7341 Internet Address (URL) - http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)ozone NAAQS.



### The enclosed memorandum provides detailed guidance to state , tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcement of intended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 2010 (although that deadline may be extended up to one additional year if EP A 

### determines that insuffcient information is available to establish designations by that date). Our designations will be 

### based on the most recent 3 years of certified, quality assured ozone air quality monitoring data available. 

### ! Ozone nonattainment areas wil be 

### classified at the time of designation. The approach EP 

### A wil use to classify 

### nonattainment areas under the 2008 revised ozone NAAQS will be established through a separate proposed ru1emaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your government is interested in formal consultation or further discussions or meeting with EP A offcials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 1664. Sincerely,

Ira W. Leighton 

### Acting Regional Administrator Enclosure
cc: Dinalyn Spears , Dir. Of Natural Resources

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at htt://www. epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf\OosrJjl:

r, --

1- f,: PRO'\Ov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET, SUITE 1100 BOSTON , MASSACHUSETTS 02114- 2023

rLlary 4 , 2009
Honorable Richard Doyle , Tribal Governor Passamaquoddy Tribe of Indians Pleasant Point Reservation PO Box 343 Perry, ME 04667 Dear Governor Doyle:

On March 12 , 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 08 parts per 

### milion to 0. 075 parts per milion, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard , which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard , making it identical to the revised primary standard, to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EP A' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS , section 1 07( d) (1 

### )(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment 

### " or unclassifiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone. EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By paricipating in the process , you can learn about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant information to EP A regarding appropriate designations for your tribal lands. 

### If you are interested in paricipating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the

Toll Free. 1- 888- 372-7341 Internet Address (URL) . http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

### recommendations that you make , to EPA by March 12 , 2009 , with respect to the revised

ozone NAAQS. 

### The enclosed memorandum provides detailed guidance to state 

### , trbal and local air pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcement of intended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 2010 (although that deadline may be extended up to one additional year if EP A 

### determines that insuffcient information is available to establish designations by that date). Our designations wil be based on the most recent 3 years of certified, quality assured ozone air quality monitoring data available. 

### 1 Ozone nonattainment areas wil be 

### classified at the time of designation. The approach EP 

### A wil use to classify nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed ru1emaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your government is interested in formal consultation or further discussions or meeting with EP A offcials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 1664. Sincerely,

# t.' Ira W. Leighton Acting Regional Administrator Enclosure

cc: Steve Crawford

### , Environmental Director

1 A list of counties violating the 2008 ozone standard based on 2004- 2006 data is posted at htt://www. epa. gov/air/ozonepollution/pdfsI2008 03 design values 2004 2006.pdf\iEO ST)/l; ..



### C! 

# --

1-" v -'t PROi UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET , SUITE 1100 BOSTON , MASSACHUSETTS 02114- 2023

February 4 , 2009



### Honorable Willam J. Nicholas , Tribal Governor 

### Passamaquoddy Tribe ofIndians Indian Township Reservation PO Box 301 Princeton, ME 04668
Dear Governor Nicholas:

On March 12 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 

### 08 parts per milion to 0. 

### 075 parts per milion, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard, which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard , making it identical to the revised primary standard , to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EP A' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS , section 107(d)(1)(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment 

### " or unclassifiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone. EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By participating in the process , you can learn about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant information to EP A regarding appropriate designations for your tribal lands. 

### If you are interested in paricipating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the

Toll Free. 1- 888- 372- 7341 Internet Address (URL) . http://www. epa. gov/region1 Recycled/Recyclable .Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)

### recommendations that you make , to EP A by March 12 , 2009 , with respect to the revised

ozone NAAQS. 

### The enclosed memorandum provides detailed guidance to state , tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after receipt of the recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcement of intended designations 

### , states and trbes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 2010 (although that deadline may be extended up to one additional year if EP A determines that insufficient information is available to establish designations by that date). Our designations wil be based on the most recent 3 years of certified, quality assured ozone air quality monitoring data available, 

### l Ozone nonattainment areas wil be 

### classified at the time of designation. The approach EP 

### A wil use to classify 

### nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed rulemaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your government is interested in formal consultation or further discussions or meeting with EP A offcials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 1664. Sincerely, 

# l-. 

# JIra W. Leighton 

### Acting Regional Administrator Enclosure

cc: Trevor White , Acting Environmental Director

1 A list of counties violating the 2008 ozone standard based on 2004- 2006 data is posted at htt://www. epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006. pdf,-f sr",. 

# ,, 

# .. -- 

# 1-

"'L PA01 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET , SUITE 1100 BOSTON, MASSACHUSETTS 02114- 2023 Fe bruB.ry 4 , 2009

Honorable Kirk Francis 

### , Chief Penobscot Indian Nation 12 W abanski Way Indian Island, ME 04468
Dear Chief Francis:

On March 12 , 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 

### 08 parts per milion to 0. 

### 075 parts per milion, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard , which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard , making it identical to the revised primary standard , to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EP A' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS 

### , section 107(d)(1)(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment " "

nonattainment 

### " or unclassitiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone. EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By participating in the process , you can lear about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant information to EP A regarding appropriate designations for your tribal lands. If you are interested in participating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the recommendations that you make , to EP A by March 12 , 2009 , with respect to the revised

Toll Free .1- 888- 372-7341 Intemet Address (URL) . http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)ozone NAAQS.

The enclosed memorandum provides detailed guidance to state , tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to announce our intended designations as early as possible after 

### receipt ofthe recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcement of intended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 

### 2010 (although that deadline maybe extended up to one additional year 

### ifEPA determines that insuffcient information is available to establish designations by that date). Our designations wil be based on the most recent 3 years of certified, quality assured ozone air quality monitoring data available. l Ozone nonattainment 

### areas wil be classified at the time of designation. The approach EP 

### A wil use to classify 

### nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed rulemaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your 

### governent is interested in formal consultation or further discussions or meeting with EP A officials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 1664. Sincerely,

IraW. Leighton 

### Acting Regional Administrator Enclosure

cc: John Bans , Dir. Of Natural Resources

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at htt://www. epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf\i'CD ST.qI" 

# !' 

# .. -- 

# "\

1-

( PROi'CU UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET, SUITE 1100 BOSTON , MASSACHUSETTS 02114- 2023

February 4 , 2009

Honorable Cheryl Andrew-Maltais , Chairwoman Wampanoag Tribe of Gay Head (Aquinnah) 20 Black Brook Road Aquinnah, MA 02535 Dear Chairwoman Andrew-Maltais:

On March 12 , 2008 , the Environmental Protection Agency (EP A) revised the national ambient air quality standards (NAAQS) for ozone to provide increased protection of 

### public health and welfare from ozone pollution. The new primary ozone standard was lowered from 0. 

### 08 parts per millon to 0. 075 parts per million, based on numerous epidemiological studies conducted during the past decade in which many of the health effects associated with ozone exposure have been demonstrated at and below the level of the former standard , which was promulgated in 1997. EP A also strengthened the secondary 8-hour ozone standard, making it identical to the revised primary standard , to protect against welfare effects such as impacts on vegetation and forested ecosystems. This letter provides information on EPA' s process for designating areas for the 2008 revised ozone standards. When EP A develops rules and policies , we take our responsibility to consult with the tribes seriously, and consider where these rules or 

### policies may impact tribes. We want to make sure that we are effectively communicating with you to ensure tribal input on the designations process for ozone. Within one year of promulgation of a new or revised NAAQS , section 107(d)(1)(A) of the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas in the state , recommending designations for each as " attainment 

### " "

nonattainment 

### " or unclassitiable 

### " with respect to the new or revised standard. Establishing area designations is a key step in the process of providing the health protections that the Clean 

### Air Act mandates. Areas that are designated as not attaining the air quality standards 

### wil be required to adopt plans to reduce ambient concentrations of ozone. EP A recognizes that 

### states generally do not have jurisdiction in Indian country. While tribes are not obligated to participate in the designations process , EP A encourages you to 

### do so. By participating in the process , you can lear about the state s plans to prepare recommendations for designations of state lands that border your tribal lands , and provide
relevant information to EP A regarding appropriate designations for your tribal lands. If you are interested in participating in the designations process , we ask that you provide your designation recommendations , including appropriate boundaries for the recommendations that you make , to EP A by March 12 , 2009 , with respect to the revised

Toll Free. 1- 888- 372- 7341 Internet Address (URL) . http://www. epa. gov/region1 Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)ozone NAAQS.



### The enclosed memorandum provides detailed guidance to state, tribal and local air 

### pollution control agencies on the process for designating areas under the 2008 revised 

### ozone standard. We plan to anounce our intended designations as early as possible after 

### receipt ofthe recommendations , but no later than 120 days prior to promulgating final designations. 

### Following the announcement of intended designations , states and tribes wil have the opportunity to comment on any modifications EP A proposes to their recommendations. 

### In accordance with the Clean Air Act, we intend to issue final designations by March 12 2010 (although that deadline may be extended up to one additional year if EP A 

### determines that insuffcient information is available to establish designations by that date). Our designations wil be based on the 

### most recent 3 years of certified, quality assured ozone air quality monitoring data available. l Ozone nonattainment 

### areas wil be classified at the time of designation. The approach EP A will use to classify 

### nonattainment areas under the 2008 revised ozone NAAQS wil be established through a separate proposed rulemaking. 

### We look forward to working with you and your staff to develop area designations under 

### the 2008 revised ozone standards. If your government is interested in formal consultation or further discussions or meeting with EP A offcials about specific aspects of the designation process , please contact Ida McDonnell at 617- 918- 1653 or Richard Burkhart at 617- 918- 

# 1664.

Sincerely,



### Acting Regional Administrator Enclosure

cc: Bret Stearns , Dir. Of Natural Resources

1 A list of counties violating the 2008 ozone standard based on 2004- 2006 data is posted at htt://www. epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006. pdf