UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEWYORK, NY 10007-1886 

## FEB 2 8 2011 Randy King, Chairperson Shinnecock Indian NationTribal Office P.O. Box 5006 Southampton, NY 11969
Dear Chairperson 

### King: The purpose ofthis letter is to provide you with information and guidance onthe U.S. 

### Environmental Protection Agency's (EPA) designations process for the revised sulfur dioxide (SO,) national ambient air quality standard (NAAQS). Your IndianNation may find it important to engage in the process ofassigning designations for Indian country. Therefore, we would like to invite you to participate inthe designations process and to offeryou an opportunity to engage in early consultation. We want to ensure early transparent and effective corrununication in proposing area designations for the revised 

# so2 standard. On June 3, 2010, EPA added a newprimary NAAQS for S02 

### in orderto provide 

### increased protection ofpublic health from S02 

### pollution. The new standard of75 parts per billion (ppb), is attained when the 3-year average ofthe 99th percentile of 1-hour daily maximum concentrations does not exceed 75 ppb. No changes were made to the existing 3-hour secondary standard. This action required EPA to designate areas as attainment, nonattainment or unclassifiable only for the new, !-hour 75 ppb SO, standard. Establishing area designations is a key step 

### inthe process ofproviding the health protection intendedbythe Clean

### Air Act (CAA). Section 107(d)(l)(A) ofthe CAA requires EPA to list and designate, within two years ofpromulgation ofa new orrevised NAAQS, all areas 

### inthe country, including Indian country, as either: Attainment-areas that meetthe standard; Nonattainment-areas that either do not meetthe standard, or are contributing to a nearby area that does not meetthe standard; or Unclassifiable-areas where there is insufficient information to make a determination. These designations are based on current air quality information, recommendations from State Governors and Indian Nation Leaders, and other relevant information discussed in the attached guidance document. We request and encourage yourrecommendation for designation ofyour area for consideration inthis process. While Indian Nations are not obligated to participate in the designations process, we invite and encourage you to do so. Please notify us ifyou are interested 

### inparticipating in the designations process and/or engaging in consultation regarding the process. 

### Ifyou choose to participate, we ask that you provide your designations recommendation to EPAby June 3, 2011.

Internet Address {URL) • http:/Jwww.epa.gov Rec:yeled/Recyelabte •Printed with Vegetable Oil Based Inks on Reeyeled Paper (Minimum 50% Postc:Or1$Umer eontent)

### The enclosed memorandum provides guidance onthe process for designating areas under the new S02NAAQS. We plan to announce ourproposed designations as early as possible after receipt ofrecommendations, but no later than 

### 120 days prior to promulgating the final designations. Following the announcement ofintended designations, IndianNations will have an additional opportunity to consult with EPA onthe proposed designation.
In accordance with section 107(d)(I)(B) ofthe CAA, we are required to issne final designations by no later than June 

### 3, 2012. Ourdesignations 

### will 

### be based onthe most recent three calendar years ofcertified, quality-assured monitoring data available, and any other relevant information that is provided, including refined air quality dispersion modeling. As the process moves forward, we will keep you and your staffinformed ofany additional guidance orother support activities. We look forward to working 

### with you and your staffto develop area designations under the new SO:l standard 

### in a timely manner. Ifyour Indian Nation is interested in consultation orparticipating infurther discussions ormeetings 

### with EPA officials about the designations process, please do nothesitate to cOntact me orhave your staff contact Raymond Werner, Chief

### Air Programs Branch, at 212-637-3706.

Enclosure Cc: Lance Gumbs, Trustee Gordell**Wrigh~** 

### Trustee Sincerely, 

# c;f?J-ro{

# ~ dith 

### A. Enck Regional Administrator