UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION4

The Honorable Michell Hicks Principal Chief Eastern Band ofCherokee Indians P0Box455 Cherokee, North Carolina 28719 Dear Principal ChiefHicks: ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 

### MAY 2 9 2014

The purpose ofthis letter is to provide you with additional information concerning the U.S. Environmental Protection Agency's designations process for the 2012 primary annual PMl.s national ambient air quality standard (NAAQS). Your tribe may wish to engage with us in the process of assigning designations for Indian country. Although your involvement is not required, we would like to invite you to participate in the designations process and to offer you consultation. Area recommendations for the PM2s NAAQS were due to the EPA on December 13, 2013; however, the EPA is prepared to accept designation recommendations from tribal leaders until June 13, 2014. In the event additional consultation is needed we will remain available throughout completion ofthe designations process. We 

### want to ensure early, transparent and effective communication in developing area designations for the revised annual PM2.s standard. On December 13,2012, the EPA revised the primary annual NAAQS for PM2s to provide increased protection ofpublic health from fine particle pollution. The new annual PM2.5 standard was strengthened from 15 ug/m 3 to 12 uglm 3• Establishing initial area designations is a key step in the process of providing the health and/or welfare protection intended by the Clean Air Act (CAA). Within two years ofpromulgation ofa new or revised NAAQS, the EPA must Jist and designate all areas in the country as one ofthe following:

• Attainment

- areas that meet the standard; • Nonattainment- areas that either do not meet the standard or are contributing to a nearby area that does not meet the standard; or • Unclassifiable- areas where there is insufficient information to make a determination as to attainment In accordance with section 1 07( d)(l)(B) ofthe CAA, we are required to issue final designations for the primary annual PM2.s NAAQS no later than December 12, 2014. Our designations will be based on the most recent three calendar years ofcertified, quality-assured monitoring data available, recommendations from state governors and tribal leaders, and any other relevant information as discussed in the April2013 designations guidance on InitialAreaDesignations for the 2012 Revised PrimaryAnnualFine Particle NationalAmbientAir Quality Standard. The guidance is currently available on the EPA's PM Designations website at

Internet Address (URL ) • http://www.epa.gov Recyled/Recyclable • Printed with Vegetable OM Based Inks on Recycled Paper (Minimum 30% Postconsumer)http:/ /www

.epa.gov/pmdesignations/2012standards/docs/april2013guidance

. pdf

. Additional information about developing tribal air quality designations is available in the September 2013 documentDeveloping Designation Recommendations forAreas of Indian Country, which 

### is available here: http ://www.epa.gov/air/triball pdfs/DevelopingaDesignationRecommendationforlndianCountiy.pd£ We will keep you informed as we finalize designations for your tribe's 

### area. Please notify us byJune 13, 20 14, if you are interested in consulting with us regarding a recommended designation. When requested, consultation will be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (www.epa.gov/triballconsultationlconsult-policy.htm). We plan to formally announce ourintended designations for all areas by August 14, 2014

. At that time we will send another letter to you with ourintended designation and offer an additional opportunity to consult with us on any modifications the EPA proposes to the designation status ofyour tribe's area of Indian country. As the designations process moves forward, we will keep you informed ofany additional guidance or other support activities. We look forward to workin g with you to develop area designations under the revised annual PM2.S NAAQS in a timely manner. Ifyour tribe is interested in consultation or has questions about the designations process, please do not hesitate to contact me or Beverly H Banister, Director, AirPesticides and Toxics Management Division at (404) 562-9077, orhave your staffcontact Scott Davis,**Chi e~**  Air Planning Branch at (404) 562-9127

. Sincerely,

# !iA~~ Heather McTeerToney Regional Administrator

cc: Jamie Long, Manager Environment and Natural Resources