UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 

# DEC 19

## 2008

The Honorable Robert Riley Governor ofAlabama Alabama State Capitol 600 Dexter Avenue Montgomery, Alabama 36130
Dear Governor Riley:

On March 12, 2008, the 

### U.S. 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. Based on numerous epidemiological studies conducted during the past decade in which many health effects associated with ozone exposure have been demonstrated at and below the 1997 standard of 0.08 parts per million (ppm), the Agency lowered the primary ozone standard to 0.075 ppm. EPA 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.

Within one year following promulgation of a new or revised NAAQS, section 107(d)(l)(A) ofthe Clean Air Act (CAA) requires the Governor of each state to submit to EPA a list of all areas inthe state, recommending designations for each as "attainment," "nonattainment," or "unclassifiable" with respect to the new or revised standard. Therefore, we ask that you provide EPA such designation recommendations with respect to the revised ozone NAAQS, including appropriate area boundaries, by March 12, 2009. Establishing area designations is a key step in the process of providing the health protections that the CAA mandates. Areas that are designated as not attaining the air quality standards must adopt plans to reduce ambient concentrations of ozone.

The enclosed memorandum provides guidance to state and local air pollution control agencies and tribes on the process for designating areas under the 2008 revised ozonestandard. We plan to announce our intended designations as early as possible after receipt ofyour recommendations, but no later than 120 days prior to promulgating final designations. Following the announcement of intended designations, states and tribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. In accordance with section 107(d)(l)(B)of the CAA, we intend to issue final designations by March 12,2010 (although that deadline may be extended up to one additional year, if EPA determines that insufficient information is available to establish designations by that date). Our designations will be based on the most recent three years of certified, quality assured available monitoring data. Ozone nonattainment areas will be classified at the time of designation. The EPA will establish its approach to classifying nonattainment areas under the 2008 revised ozoneNAAQS through a separate notice-and-comment rulemaking.

internetAddress (URL) http liwww epa gov Recycled/Recyclable Pnnted with Vegetable Oil Based Inks on Recycied Paper (Minlmum 30% Postconsumer)

### We look forward to workingwith you and your staffto develop area designationsunder the 2008 revised ozoneNAAQS in a timely manner. Ifyou have any questions, please contact
me at (404) 562-8357 orhave a member of

### your staffcontact Beverly Banister, Director,Air, Pesticides and ToxicsManagement Division, at (404) 562-9077.
Sincerely,
A 

# t3"'w~

J. 

### I. Palmer,Jr. Regional Administrator

Enclosure
cc: Trey Glenn, Director ADEM Ronald

### W. Gore, Chief,ADEM Air Division Wayne Studyvin,Director,JCDH-EHS Daniel E. Shea, Director, HuntsvilleDNR