UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION4 

The Honorable Michell Hicks 

Principal Chief 

Eastern Band of Cherokee Indians 

P0Box455 

Cherokee, North Carolina 28719 

Dear Principal Chief Hicks: 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

MAY 2 9 2014 

The purpose of this 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 of public health from fine particle pollution. The new annual PM2.5 standard was strengthened 

from 15 ug/m3 to 12 uglm3• 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 

of promulgation of a new or revised NAAQS, the EPA must Jist and designate all areas in the country as 

one of the 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) of the 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 of certified, 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 Initial Area Designations for the 2012 Revised 

Primary Annual Fine Particle National Ambient Air 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/20 12standards/docs/april20 13 guidance. pdf. Additional information 

about developing tribal air quality designations is available in the September 2013 document Developing 

Designation Recommendations for Areas of Indian Country, which is available here: 

http://www.epa.gov/air/triballpdfs/DevelopingaDesignationRecommendationforlndianCountiy.pd£ 

We will keep you informed as we finalize designations for your tribe's area. Please notify us by June 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 our intended designations for all areas by August 14, 2014. At that time 

we will send another letter to you with our intended designation and offer an additional opportunity to 

consult with us on any modifications the EPA proposes to the designation status of your tribe's area of 

Indian country. 

As the designations process moves forward, we will keep you informed of any additional guidance or 

other support activities. We look forward to working with you to develop area designations under the 

revised annual PM2.S NAAQS in a timely manner. If your tribe is interested in consultation or has 

questions about the designations process, please do not hesitate to contact me or Beverly H Banister, 

Director, Air Pesticides and Toxics Management Division at ( 404) 562-9077, or have your staff contact 

Scott Davis, Chie~ Air Planning Branch at (404) 562-9127. 

Sincerely, 

!iA~~ Heather McTeer Toney 

Regional Administrator 

cc: Jamie Long, Manager 

Environment and Natural Resources