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

ChiefRoger Hill Tonawanda SenecaNation 7027 Meadville Road Basom, NY 14013
Dear ChiefHill:
I am writing you today to provide you with information on the process for designating areas thatmeet or may notmeetthe U.S. Environmental Protection Agency's (EPA) healthrelated National AmbientAir Quality Standards for lead. When EPA develops rules and policies we take ourresponsibility to consultwith the federally recognized Indian tribes seriously and consider where these rules orpolicies may impact tribes and their environments. We want to make sure that we are effectively communicating with you to ensure early tribal input on the designations process.for lead.
On October 15, 2008,EPApromulgated 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 increasedprotection 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 orrevisedNAAQS, we then designate all geographic areas within the United States as "attainment", "nonattainment", or "unclassifiable" under section 107 ofthe Clean AirAct (Act). Designating an areaunderthe Act is accomplished through a formal rulemaking process outlined in Section 107(d)(l) 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 Air Act 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 that bordertribal lands and provide relevant information to EPA regarding appropriate designations for tribal lands. Ifyou are interested in participating in the designations process, we askthatyou provide your designation recommendations, including appropriate boundaries for the recommendations that you make, to EPA by October 15, 2009 withrespect to the revised lead National Ambient Air Quality Standards.

InternetAddress (URL). http://www.epa.gov Recycled/Recyclable. PrinWd with Vegetable 011 Based Inks on Recycled Paper (MInimum 50% Posteonsumer 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 later than 120 days priorto promulgating its final designations, ofany proposed modifications. You would then have the opportunity to comment on any modification that EPA proposes to your original designation recommendation.
Ihave enclosed with this letter additional guidance to states, local airpollution control agencies and Indiantribes 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 comment upon any changes EPA proposes to make to your original recommendation. Under section 107(d)(1)(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 later than October 15, 2010, where air quality data from the existingmonitoring network is sufficient or where no additional data is expectedto 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 akey step in the process ofproviding the health protection thatthe Act is intended to provide. Ifyou are interested in learning more about the process ofmaking designation recommendations orwould like to consult with EPA officials about specifics aspects ofthis guidance orthe designations process, please contact me at 212- 637-5000 or have your staffcontactRaymond Werner, Chiefofthe Air Programs Branch, at 212-637-4249. Sincerely,

George Pavlou Acting Regional Administrator
Enclosures

2cc: Ms. Mardell Sundown Tonawanda SenecaEnvironmental Program 7027 Meadville Road Basom, NY 14013 Linda Logan 7027 Meadville Road Basom, NY 14013 Darwin Hill Clerk Tonawanda Band ofSenecas 7027 Meadville Road Basom, NY 14013

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