### MEMORANDUM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 27711



# IDEC202011 OFFICE OF AIR QUALITY PLANNING AND STANDARDS SUBJECT: Policy for Establishing Separate Air Quality Designations for Areas ofIndian Country

TO: Regional Air Directors, Regions I-X 

### Purpose This memorandumprovides EPA's policyregarding designating areas ofIndian country separately from adjacent areas for the National Ambient Air Quality Standards (NAAQS), when requestedbythe relevant tribe for a particular area ofIndian country. 1The purpose ofthis memorandum is to ensure a nationally consistent approach for evaluating requests to designate separate areas ofIndian country and for recognizing Indian country in the 40 CFR Part 81 Tables.Z Wemayreceive a request for a separate designation ofIndian country in either oftwo ways: 1) submittal ofan initial recommendationbythe relevant tribe during the Clean Air Act (CAA) section 107(d) process following promulgation ofa new NAAQS, or2) submittal ofa request for a boundary change to a previous designation/redesignation (this may arise where Indian countryboundaries havebeen changed due to the acquisition ofadditional lands; EPA deferred a decision on the designation, redesignation, or reclassification; an error was made in the previous designation/redesignation; or for other reasons). The impetus for this policy is fourfold: 1) the desire to recognize tribal sovereignty in air quality management matters affecting their Indian country; 2) the need to ensure protection ofair quality in Indian country; 3) the desire to increase transparencyin the designations process; and 4) the receipt of recent requests from several tribes to have a separate attainment or nonattainment area from adjacent state or local government areas. This memorandum has two main sections. The first section provides background information on EPA's process for designating all areas ofthe countryunder the CAA. 

### It also describes EPA's newpolicy for evaluatingrecommendations/requests for separate designations ofIndian country, and the potential associated implications for tribes. The second section provides background information regarding the wayin which Indian country areas have typicallybeen displayed intables located in 40 CFR Part 81 in

1 Indian country, as defmed at 18 U.S.C. § 1151, means (a) all land within the limits ofany Indian reservationunder the jurisdiction ofthe United States Government, notwithstanding the issuance ofanypatent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders ofthe United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits ofa state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. 2 When areas are designated through CAA section 107(d) and these designations are published in the Federal Register, the area boundaries are displayed in tables located in40 CFRPart 81
. Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed wHh Vegetable 011 Based Inks on Recycled Paper (Minimum 25% Postconsumer)2 thepast. Itthen discusses EPA's new policy for explicitly addressing Indian country inthe 40 CFR Part 81 Tables. Please share this policy withtribal leaders and state agencies in your Region. When corresponding with tribal leaders, pleaseprovide courtesy copies to tribal environmental directors ortribal air quality staff, as appropriate. 

### Approach for Evaluating TribalRequests for SeparateDesignations ofIndian Countryfor the 

### NAAQS Background CAA section 107(d) establishes, among other things, therequirement for EPA to promulgate air quality designations for all areas following promulgation ofa new orrevised NAAQS. Per section 107(d)(a)(A)(i) ofthe CAA, a nonattainment area is an area that "does not meet (or that contributes to ambient air quality in a nearby area that does not meet)
...[a] national primary or secondary ambient air quality standard." EPA is required to designate areas as nonattainment, attainment, orunclassifiable relative to the promulgated NAAQS. Under section 107(d)(1)(B)(ii) ofthe CAA, EPA must finalize area designations no later thantwo years from the date a new or revised NAAQS is promulgated, unless the Administrator has insufficient information to promulgate designations. In such case, the Administrator may extend this period for up to one year beyond the original deadline. Although section 107(d) does not explicitlyreference Indian tribes or Indian country, tribes are able to participate in the designations process. For instance, under section 301(d) and the Tribal AuthorityRule (TAR) (63 FR 7254, February 12, 1998), tribes may seek treatment in a similar manner as a state (TAS) for purposes ofsection 107(d) designations. Even absent TAS for section 107(d) purposes, EPA may solicit air quality information and designations recommendations from tribes for their areas ofIndian country. In addition, Executive Order (EO) 13175, the Agency's 1984IndianPolicy, and the EPA Policy On Consultation and Coordination With Indian Tribes (May4, 2011) call for EPAto consult with tribes on actions and decisions, such as designation oftheir Indian country, that affect their interests. The ultimate statutory authority to promulgate designations rests with EPA, and EPA is required under the CAA to designate all areas ofthe country for the NAAQS in a timelymanner. Ifa tribe does not submit recommendations, EPA, under its CAA authorities, will promulgate an appropriate designation for the relevant area ofIndian country. In the past, EPA did not have a clearly articulated policyfor considering a tribal request for designation ofits Indian country as a separate area. Several tribes have well-established air programs and have engaged in the designations process. Some ofthese tribes are not onlyinterested in submitting designations recommendations to EPA, but are also interested inhaving their Indian countryboundaries designated separately from the adjacent area. 

### Approach to Designation Decisions for Indian Country 1) When EPA DoesNotReceive aRequest/Recommendation for aSeparateDesignation In circumstances where EPA either does notreceive an initial designation recommendation from a tribe, orreceives a recommendation that does not specify designation ofa separate area, EPA intends to3 designate the relevant tribe's Indian country as part ofthe surrounding multi-jurisdictional area, and to list the tribe byname inthe 40 CFR Part 81 Table (more details regarding this process are provided below in the section "Approach for Addressing Indian Countrythrough 40 CFR Part 81 Tables"). In addition, to the extentpossible, EPA will ensure that a single tribe's Indian country is not inadvertently split based on the use ofotherjurisdictionalboundaries (e.g., counties) to designate the surrounding state areas. Technical factors (e.g. , topography) and information obtained during consultation with the tribes shouldbeused to establish appropriate boundaries. The following examples generally illustrate designations that maybe appropriate for areas ofIndian country:

• Indian country with a regulatory air qualitymonitor showing a violation ofthe NAAQS should be designated nonattainment.

• Indian countrywith a regulatory air qualitymonitor showing that the NAAQS is beingmet could be designated attainment. However, it should be designated nonattainment when: 1) sources on Indian country are contributing to poor air quality in the nearby state area, and/or 2) air quality modeling shows that the NAAQS is being violated in the Indian country area. 3

• Indian country that is lacking a regulatorymonitor, and is located within a multi-jurisdictional area with a violating regulatory monitor that is not representative ofthe Indian country could be designated unclassifiable
. However, the Indian country should be designated nonattainment when: 1) sources on Indian country are contributing to poor air quality inthe nearby state area, and/or 2) air qualitymodeling shows that the NAAQS is being violated in the Indian country area.4 

### 2) When EPA Receives aRequest/Recommendation for a Separate Designation IfEPA receives an initial designations recommendation or aboundary change request from a tribe seeking to have its Indian country designated as a separate area, EPA will make decisions regarding these recommendations or requests on a case-by-case basis, and after consultation with the tribe.5 Listed below are several potential scenarios associated with designations recommendations and/orboundary change requests from tribes for a separate area:

• Tribe recommends/requests separate attainment area from adjacent attainment area; • Triberecommends/requests separate attainment area from adjacent nonattainment area; • Tribe recommends/requests separate nonattainment area or different area classification from adjacent nonattainment area; or • Tribe recommends/requests separate nonattainment area from adjacent attainment area. As a matter ofpolicy, EPA believes itis important for tribes to make certain submittals associated with an initial designations recommendation orboundary change request. These submittals include:

3 This only applies to the NAAQS for sulfur dioxide (S02) where both monitoring and modeling are used to establish violations. 4 This only applies to the NAAQS for S02 where both monitoring and modeling are used to establish violations. 5 It should be noted that TAS status for purposes of 107(d) is not necessary for Indian country to be designated byEPA separately from the surrounding area.4 a) Submittal ofa formal request/recommendation from an official authorized to make the request on behalfofthe tribe. Initial designations recommendations should be submitted on the same schedule that applies to states; b) Documentation ofthe boundary ofthe area ofIndian country to which the request for separate designationpertains, and concurrence with EPA's intent to include that area in the 40 CFR Part 81 Table should EPA separately designate the area; and c) Submittal ofa multi-factor analysis (as described below) to support the recommendation/request. Itis important for a tribe to submit a formal request/recommendation from an authorized official to ensure that EPA considers the tribe's procedural and governmental protocols when evaluating the request/recommendation. In addition, given the CAArequirement to designate all areas in a timely manner, EPA intends to designate all areas onthe same schedule. Itis therefore crucial that EPA receive initial designations recommendations from tribes no later than the deadline given to states. This timing will ensure that EPA has adequate time to conduct appropriate consultation and will allow EPAto make informed, timely decisions on requests for a separately designated area ofIndian country. When submitting a request/recommendation for a separately designated area ofIndian country, itis important for a tribe to submit documentation ofthe boundary ofthe area ofIndian country to which the request for a separate designation pertains. Thetribe should also express concurrence with inclusion of the area inthe 40 CFR Part 81 Table should EPA separately designate the area. EPA will consult and work closelywith tribes to address anyissues that mayberaised byincluding the Indian country area in the 40 CFR Part 81 Table. EPA intends to make all decisions regarding a tribe's recommendation/request to designate an area separately after all necessary consultation with the tribe and, as appropriate, with other affected entities, and after evaluating whether there is sufficient data/information to support such a designation. Designation recommendations orboundary change requests for a separate area should include an analysis ofthe factors listed below ("multi-factor analysis"). Section 107(d)(1) ofthe CAA defines an area as nonattainment ifit is violating the NAAQS or ifit is contributing to a violation in a nearby area. Thus, the purpose ofevaluating these factors is to determine the appropriate boundaries encompassing the area meeting the CAA's definition ofa nonattainment area. In addition, an analysis ofthese factors supports determining whether an area oflndian country located within or next to a larger multijurisdictional area should be excluded from that area and potentially designated separately, or whether it should be designated according to the rest ofthe area. To receive proper consideration, tribes should include the following types ofdata/information in the multi-factor analysis: 6

• Air Quality Data

- Does the Indian country areahave an attaining or violating air quality monitor?

- Is the nearest monitorrepresentative ofair quality in the area? Ifso, does it violate the standard?

- Is the data ofsufficient quality to be used for boundary decisions and/or designations purposes?

- Ifthere is no monitorin the Indian country area, is there other technical information available that characterizes air quality in the Indian country area?

6 Note: The questions below each factor are included for illustrative purposes only, and are not intended to be comprehensive.

### 5

• Emissions-Related Data Source emissions data What are the actual and estimated emissions from sources located in and around the area of Indian country? Significant emissions levels in a nearby area indicate the potential for the area to contribute to observed violations. How far is the Indian country area from emissions sources in the adjacent area? Traffic and commutingpatterns Where are the major transportation arteries? Is information ontraffic volume and commuting in and around the violating area available? Is the Indian country area being impactedbytraffic crossing Indian country to get to another area? Population density and degree ofurbanization What are the population characteristics and trends ofthe area and the patterns ofcommercial development as indicators ofthe probable location and magnitude ofemissions sources?

• Meteorology How do meteorological conditions affect the fate and transport ofemissions from sources on ornearby the area ofIndian country?

• Geography/Topography What are thephysical features ofthe land that might define the airshed and, therefore, affect the formation and distribution ofpollution over the Indian country area? Mountains or other physical features may affect the location ofemissions sources and the distribution of emissions, and mayhelp define theboundaries ofviolating areas and areas contributing to violating areas.

• Jurisdictional Boundaries What are the existingjurisdictional boundaries for the purposes ofproviding a clearly defined legal boundary ofthe areapertaining to the designation request and carrying out the air qualityplanning and enforcement functions for nonattainment areas? For example, this might include Indian country, state, county government, or metropolitanplanning organization areas. In addition to the information above, tribes may submit any other information that theybelieve is important for EPA to consider. Consistent with the multi-factor analysis conducted bythe states, there maybe instances where not all ofthe above-listed factors are relevant to a specific request. For example, ifa tribe were to request the designation ofa separate attainment area from an adjacent attainment area, it is possible that onlythe air quality data factor and/or thejurisdictionalboundaries factor would be applicable to the given situation. We encourage Regional Offices, when requested, to assist tribes with developing theirmulti-factor analyses to determine which factors are most relevant to the specific request for a separate area. Additional information is includedbelow regarding consideration ofthe information/data submittedby a tribe for the air quality data andjurisdictionalboundaries factors. Given the complexity ofissues associated with the use ofdifferent data sources to support the air quality data factor, we feel it is6 important to clearly articulate how air quality data should be considered in the multi-factor analysis submitted by a tribe. Through this memorandum, EPA is setting a new policy for recognizing tribal jurisdiction in the designations process. Therefore, thejurisdictional boundaries factor should be considered differently for a tribe than it is considered for a state or county. Air Quality Data Factor Analysis Data from both non-regulatory monitors and regulatory monitors canbe included as part ofthe air quality data factor analysis submittedby a tribe. However, while qualified data from regulatory monitors canbeused to determine the designation status (attainment, nonattainment, orunclassifiable) for an area ofIndian country, data from non-regulatorymonitors may onlybeused to support a geographic boundary determination for that designation category. Regulatory and non-regulatory monitors are defined as follows: "Regulatory" monitors are those that: (1) have a monitoring objective that is intended for comparing design values against the level ofthe NAAQS (NAAQS Comparison), and (2) have adequately achieved the quality assurance and data requirements for regulatory decision making. "Non-regulatory" monitors are those that: (1) have been designated as a "non-regulatory" monitor type in EPA's Air Quality System, meaning that theyhave monitoring objectives other than NAAQS Comparison, and therefore are not required to meet all ofthe quality assurance and datarequirements necessary for regulatory decision-making, or (2) mayhave the objective of"NAAQS Comparison" and have not adequately achieved the quality assurance and data requirements necessary for regulatory decision-making. EPArecognizes that when considering tribal recommendations for separate area designations, appropriate air quality datamaynotbe available for the relevant areas ofIndian country-either due to the absence ofa monitor in Indian country, or due to concerns regarding data accuracy. Itis also possible that despite the absence ofair quality data for the Indian country area, other technical information is available that characterizes air quality in the Indian country area. For example, a proximate state regulatorymonitor could be determined to berepresentative ofair quality in the Indian country area. Or, for somepollutants, modeling or emissions inventory data maybeuseful. In these circumstances, it maybe appropriate for other technical information to be used in the air quality data factor analysis. However, in cases where a tribe submits a recommendation for a separate attainment area from an adjacent nonattainment area, or a separate nonattainment area from an adjacent attainment area, such recommendations wouldbebest supported by air quality data from aregulatorymonitor in the relevant area ofIndian country. Jurisdictional Boundaries Factor Analysis When evaluating the multi-factor analysis submitted by a tribe, it is important to recognize tribal sovereignty and thejurisdictional status ofIndian country in the decision-making process. Therefore, the jurisdictional boundaries factor analysis should recognize that tribes retain important sovereign authorities over their members and territories, and thatjurisdictionin Indian country generally rests with the relevant tribe and the federal government, not with states. In general, when deciding whether to grant a tribal request for designation ofa separate area, thejurisdictional boundaries factor analysis maybear the most weight in the following circumstances:

• A recommendation/request for a separate attainment area where all ofthe adjacent areas are designated attainment;

### 7

• A recommendation/request for a separate attainment area where there is an adjacent nonattainment area, when a regulatory monitor in Indian country demonstrates that the NAAQS is beingmet, and there are no sources in Indian country contributing to nonattainment in the adjacent areabased on an analysis ofthe factors described above; • A recommendation/request for a separate nonattainment area where all adjacent areas are designated attainment, when a regulatory monitor in Indian country demonstrates a NAAQS violation and an analysis ofthe factors described above does not support inclusion ofareas outside the Indian country boundarybased on their contribution to air quality at that monitor; and • A recommendation/request for a separate nonattainment area where there is an adjacent nonattainment area, when an analysis ofthe factors above indicates that there are no sources in Indian country contributing to nonattainment in the adjacent area. Example Decision-Making Scenarios Several example decision-making scenarios for considering tribal recommendations/requests are includedbelow. These scenarios are meant to provide general examples, and do not suggest a definitive decision. Ultimately, EPA's decision regarding whether to designate an area ofIndian country separately will depend upon a consideration ofall factors and otherrelevant data/information submitted by a tribe with their recommendation/request.

• Tribe submits a recommendation/request for a separate nonattainment area with the same or a different area classification (e.g., Moderate, Serious, etc.) than an adjacent nonattainment area. Tribe either has its own regulatory monitor demonstrating violation ofthe NAAQS or has shown that a proximate regulatory monitor violating the NAAQS outside ofIndian country is sufficientlyrepresentative ofair quality in the Indian country area. There are no significant emissions sources in Indian countrythat are contributing to nonattainment in the adjacent area. Indian country area is impacted onlyby sources within the Indian country. 

### -7 Indian country area couldbe designated as a separate nonattainment area orwith a different area classification.

• Tribe submits a recommendation/request for a separate nonattainment area from an adjacent nonattainment area. Tribe either has its own regulatory monitor demonstrating violation ofthe NAAQS or has shown that a proximate regulatory monitor outside ofIndian country violating the NAAQS is sufficiently representative ofair quality in the Indian country area. Indian country area has emissions sources that are contributing to nonattainment inthe adjacent state area. Indian country area is impacted by sources outside ofIndian country. Indian country area is meteorologically and topographically integrated with the surrounding area. 

### -7 Indian country area could be designated as part ofa multi-jurisdictional nonattainment area, such that the tribe is one ofthe governing bodies within the area.

• Tribe submits a recommendation/request for a separate attainment area adjacent to a nonattainment area.

- Tribe has its ownregulatory monitor demonstrating the NAAQS is being met.

### 8 There are no significant emissions sources in the Indian country area that are contributing to nonattainment in the adjacent area. Indian country area is separated from adjacent nonattainment area bytopography or other geographic features. 

### -7 Indian country area could be designated as a separate attainment area.

• Tribe submits a recommendation/request for a separate nonattainment area adjacent to orwithin a surrounding attainment area. Tribe has its own regulatory monitor demonstrating the NAAQS is being violated. 

### -7 Indian country area could be designated as a separate nonattainment area.

• Tribe submits a recommendation/request for a separate attainment area adjacent to or within a surrounding attainment area. Tribe either has its ownregulatory monitor demonstrating attainment oftheNAAQS or has shown that a proximate regulatorymonitor outside ofIndian country that is attaining the NAAQS is sufficientlyrepresentative ofair quality in the Indian country area. 

### -7 Indian country area could be designated as a separate attainment area. 

### PotentialImplications of SeparatelyDesignatedAreas of Indian Country Pursuant to the TAR, tribes are not treated as states with respect to the plan submittal and implementation deadlines for NAAQS-related requirements (See 40 CPR§ 49.4(a)). Therefore, even ifa tribal request for a separate area is granted, that tribe is not required to submit a tribal implementation plan (TIP). Although we encourage tribes to develop plans to address NAAQS-related requirements, where tribes do not develop TIPs, EPA is authorized to promulgate federal implementation plan (PIP) provisions as are necessary or appropriate to protect air quality. (See 49 CPR§ 49.11(a)). In a nonattainment area, the goal is to implement a strategy that will allow the area to meet the standards by reducing specific pollutants below the levels ofthe NAAQS. A PIP orTIP mayinclude, as necessary or appropriate: (a) an emissions inventoryto identify the sources ofair pollution, their location, and the types ofpollutants emitted; (b) enforceable emission limits that will require application ofall ReasonablyAvailable Control Measures (RACM), including adoption ofReasonablyAvailable Control Technology (RACT) for existingpollution sources; (c) evidence that the emission limits will reduce emissions enough to preventNAAQS violations in Indian country and in other areas 

### (i.e., an attainment demonstration) and demonstrate reasonable further progress towards attainment; (d) a new source review preconstruction permitprogram to ensure that new and modified sources ofpollution do not impede progress toward cleaner air;7 and (e) contingencymeasures to apply in the event the area fails to meet any attainment orprogress goals. During consultation, EPA Regional Offices should ensure that tribes interested in submitting a recommendation/request for a separate area designation are aware ofthe implications for their tribe should such a recommendation/request be granted. For example, in order for a separately designated nonattainment area in Indian countryto beredesignated to attainment, the tribe or EPA would need to demonstrate that the area attains the standard and that it meets necessary or appropriate redesignation criteria, including a TIP or PIP thatprovides for ongoing maintenance ofthe NAAQS. Also, small

7 On July 1, 2011, EPA promulgated a FIP, entitled "Review ofNew Sources and Modifications in Indian Country," to ensure that Clean Air Act permitting requirements are applied consistently to facilities in Indian country
. (76 FR 38748). Interested tribes can assist EPA with implementation ofthe federal rules set forth in the FIP through a delegation agreement with EPA Tribes can also develop and seek approval ofa TIP to administer these permitting programs under their own laws.

### 9 separate nonattainment areas with few sources ofemissions may experience difficulties demonstrating reasonable further progress and attainment from sources within the area, should they elect to develop such demonstrations. Another area that Regions should discuss with tribes during consultation is how general and transportation conformity would apply in a separately designated tribal nonattainment area. Activities in areas that are designated nonattainment that are conducted or supported byFederal agencies must "conform" to the purpose ofan applicable implementation plan, as required by section 176(c) ofthe CAA. The EPA's general conformity rules apply to Federal activities within nonattainment areas and areas that have moved from nonattainment to maintainingthe standards, 

### i.e., areas that are redesignated as attainment. A Federal agency must demonstrate, prior to approving, permitting, licensing, providing financial support for, or otherwise supporting a project, that its action conforms to applicable requirements in the area's approved implementationplan and will not cause or contribute to NAAQS violations or delaytimely attainment. Transportation conformity rules apply to highway and transitrelated activities, and all other types ofFederal activities are governed by general conformityrules. 8 The transportation conformityrule requires transportation agencies to estimate the total motor vehicle emissions that would result from the area's transportation system ifthe proposed transportationprojects are built. These emissions mustbe within levels that the applicable implementation planpredicts are consistent with attainment. Ifgeneral conformity obligations are determined to apply to emissions from a Federal agency action, the general conformityrules provide Federal agencies with the following options for demonstrating conformity innonattainment ormaintenance areas: (1) obtaining emission offsets (generated inthe same area or certain nearby areas) for the total emissions from the new project, (2) showing that the project's emissions are alreadyincluded in, or accommodated by, the applicable SIP for the area (or inthe absence ofan applicable SIP, showing that the project's emissions will not increase the baseline emissions used in the most current emissions inventory), or (3) obtaining a written commitment from the Governor for the area, or the Governor's designee for SIP actions, to include the project's emissions in a forthcoming revision ofthe applicable implementation plan. Tribes that choose to engage inthe implementation planning process through submittal ofa TIP may find it easier to address any general conformity issues associated with their separately designated areas ofIndian country. EPAplans to provide tribes with training and/or guidance on transportation and general conformity. In an attainment orunclassifiable area the goal is to maintain air qualitythat is cleaner than the NAAQS. A tribal or Federal air qualityprogram in such areas will generally contain enforceable emission limits for existing emission sources, a program to limit the impacts ofemissions from new and modified stationary sources, and provisions to prevent significant contributionby sources located in Indian countryto NAAQS violations in other areas. Major sources located in areas ofIndian country that are designated attainment or unclassifiable for any pollutant would be subject to the Federal program for the Prevention ofSignificant Deterioration (PSD) upon the date that designations under the standard become effective. 9

8 It should be noted that under the Federal Lands Highways Program, 23 US.C §§202(d), 204, as amended by the Safe, Accountable, Flexible, Efficient Transportation, Equity Act: A Legacy for users (SAFETEA-Lu) authorization to promulgate and implementregulations regarding planning and construction ofTitle 23 highway activities, as well as Title 49 transit-related activities on Indian reservations are entrusted to the Secretary ofthe Interior through the assistance ofthe Bureau oflndian Affairs. 9 Major sources are those emitting either 100 tons per year or 250 tons peryear, depending upon the source category. Formore information on PSD, visit: http://www.epa.gov/NSR/psd.html.10 Carrying outthisPolicy: Guidance to Tribes Dueto the implementation considerations associated with this policy, as described above, EPA believes that it is important not onlyto provide additional assistance to tribes interested in submitting recommendations/requests for separately designated areas, but also to provide them with additional guidance regarding anyrequirements associated with designating these areas. Therefore, EPA intends to provide tribes with additional technical support through conference calls, webinars, and/or guidance document(s) to assist them with carrying out this policy. Such technical support will include, but is not limited to, the following subjects:

• How to evaluate the factors in a multi-factor analysis; • Examples ofsupplemental data that could beused to support the air quality data factor; • How to submit a request for aboundary change; • Requirements for a separately designated area ofIndian countryto beredesignated from nonattainment to attainment; • How to address exceptional events; and • Addressing transportation and general conformity. Approachfor Addressing Indian Country through 40 CFR Part 81 Tables Background When areas are designated through CAA section 107(d) and these designations are published in the Federal Register, the areaboundaries are displayed in tables located in 40 CFRPart 81. In general, Indian countryhas historicallybeen addressed in the 40 CFR Part 81 Tables either through a footnote or through "exclusion" ofIndian country from a particular county's designation. Tables 1 and 2 below represent examples. In Table 1, the San Carlos Apache Indian Reservation is both explicitly excluded from the Hayden PM 10 nonattainment area as well as implicitlyincluded as part ofthe "Rest ofState" unclassifiable area.11 Table 1. Indian Country Excluded from Surrounding Area
Environmental Protection Agency Arizona-PM-10 Designated Area Townships:

Pinal ancl Gila Counties: T7S-R21W, R22W; T8S·R21W, R22W, R23W,

R24W T9S-R21W, R22W, R23W,

R24W, R25W; T10S-R21W, R22W, R23W,

R24W, R25W Designation Dale Type

Hayden planning area ....................................................... 11115190 Nonattainment T1 S, R13E (sections 7-36); Tl S, R14E (sections 25-

36);T2S, R13E; T2S, R14E; T2S, R15E; T3S, R13E; T3S, R14E; T3S, R15E; T3S, R16E (except that portion in the San Carlos Apache Indian Reservation); T4S, RI3E;T4S, RI4E;T4S, RI5E;T4S, R16E;T5S, RI3E; T5S, R14E; T5S, R15E; TSS, RISE; T6S, RI3E; T6S, RI4E; T6S, RISE; and T6S, R16E. Miami planning area.......................................................... 11/15/90 Nonattainment T1N, R13E; T1N, RI4E; T1N, R15E; T1S, RI3E (sections 1-6); TIS, R14E (sections 124); T1S, R14 112E; and TIS, RISE. Gila County (part): Payson: T10N, sections 1-3,

............................................ 08/26/02 Attainment IQ-15, 22-27, and 34-36 of R9E; T11N, sections 1-3,

1Q-IS, 22-27, and 34-36 of R9E; T1Q-11N, RIOE; T10N, sections 4-9, 16-21, and 28-33 of R11E; T11N, sections 4-9, 16-21, and 28-33 of R11E. Mohave County (part): August Attainment Bullhead City: T21 N, R21 W, excluding Lake

Mead National Recreation Area: T20N, R21- 22W; TI9N, R22W excluding Fort Mohave Indian Reservation. 26,2002

Rest of State

.....- ........................................................ ...... 11/15190 Unclassifiable §81.303

Classification Date Type

11115/90 Moderate.

1 1/15190 Moderate.

In Table 2, no affected area ofIndian countryinArizona is listedbyname. Instead, the footnote in Table 2 indicates that each designated area "Includes Indian Country located in each county or area, except as otherwise specified." In this example, there is no such explicit separate specification in the table, so affected areas ofIndian country are not identified. Table 2. Indian Country Included in Footnote

Arizona-PM2.5 Designated area Dale' Statewide: Apache County

.......................................................................................... Cochise County

.......................................................................................... Coconino County

...... ........................... ....... ........................ .. ... ............ .... .. Gila County

............................................................................ ............... .... . Graham County

......................... .. .......................................................... .. ... Greenlee County

................................................................ .. .. ... ............ ... .. La Paz County

............................................... .................... .. .. .. .. ........... .. ... Maricopa County

........... .. .......................... .. ....................... .. .. ... ............. .... Mohave County

........ .... .............. .. ............. .. ...... .................. ... .. .. ........... .. ... Navajo County

........... .. ............. ... ............. ... ...... .. ...................................... Pima County

............... .... ........... .. ............. ................................................. Pinal County

................. .. .............................................................. .............. Santa Cruz County

..... .. .. .. ......................................................................... Yavapai County

......................................... ................................................. Yuma County

................................... .. .... .................................................... • Includes Indian Country located in each county or area, except as otherwise specified. 'This date is 90 days after January 5, 2005, unless otherwise noted. Designation" Type
Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment. Unclassifiable/Attainment.12 

### Approach EPAbelieves it is appropriate to explicitly identify Indian countryin the 40 CPR Part 81 Tables. Therefore, EPA intends to use the following approach:

• Forinstances where an area ofIndian country is designated as part ofan adjacent area, the area ofIndian country will be listedbyname inthe 40 CFR Part 81 Table. • Forinstances where an area ofIndian country is designated separately from the adjacent_area, the separately designated area ofIndian country will be specified in the 40 CPRPart 81 Table along with its associated designation status. Separately designated areas ofIndian country will be identified using appropriate information included in an EPA decision on a tribe's TAS application, ifone exists, for designations or other purposes, or from other appropriate sources. 10 Tables 3 and 4 provide mock-ups for explicitlyidentifying areas oflndian countryin the 40 CPR Part 81 Tables.

to As noted earlier in this document, TAS is not required for a tribe to submit designations recommendations. 

## r.13 Table 3. Arizona (2008 8-Hour Ozone Standard) [MOCK-UP to Show Separately LISTED Areas ofIndian Country]



### I Designated area 

### I Designation Classification Date 1 Type Date1 Type [Phoenix-Mesa, AZ: 2 

# I Nonattainment [M0derate Maricopa County (part) T1N,R1E;T1N,R2E;T1N,R3E;T1N,R4E; etc
... Pinal County (part) Apache Junction: TlN, R8E; TlS, R8E (Sections 1 through 12) FortMcDowell IndianReservation (Fort McDowell Yavapai Nation)3 Gila River Indian Reservation (GilaRiverIndian Communityi Salt River Reservation (Salt RiverPima-Maricopa Indian Communityi Rest ofState2 Unclassifiable/ 

# I Attainment Apache County Cochise County, etc
... (or omit county-by-county listing) 

# I Rest ofIndiancountry' 

# I D Unclassifiable / 

# I I Attainment Chemehuevi Reservation (Chemehuevi Indian Tribe) Colorado RiverIndianReservation (Colorado River Indian Tribes), etc
... (or omit tribe-by-tribe listing)
1 This date 1s (INSERT DATE), unless otherw1se noted 2 Excludes Indian country located in each county or area, unless otherwise noted. 3 Includes all Indian country located within the exteriorboundaries ofthe State ofArizona, except for Indian country separately designated inthis Table. 

## I

I


# I

I 

# I

I

## I 14 Table 4. Arizona (2008 8-Hour Ozone Standard) [MOCK-UP to Show Separately DESIGNATED Areas ofIndian Country] Designation 

### I Classification Designated area



# ~~l Type 

### IDate1 

### I I Type Phoenix-Mesa, AZ:2 Nonattainment 

### RModerate Maricopa County (part) TlN,RlE;TlN,R2E;TlN,R3E;

I 

# I TlN,R4E;TlN,R5E;TlN,R6E; TlN, R7E; TlN, RlW; etc... Pinal County (part) 

# ILJ LJ Apache Junction: TlN, R8E; TlS, I R8E (Sections 1through 12) FortMcDowell Indian Reservation (Fort Nonattainmen t 

# I Moderate McDowell Yavapai Nation)3 Gila River Indian Reservation (Gila River Nonattainment Marginal Indian Community)3 Salt River Reservation (Salt RiverPima- Nonattainment Moderate Maricopa Indian Communityi Rest ofState2 Efiable/Att · Apache County Cochise County, etc... (or omit county-by-county listing) Rest ofIndian

**count~** Unclassifiable/ Attainment Chemehuevi Reservation (Chemehuevi Indian Tribe) Colorado River Indian Reservation (Colorado River IndianTribes), etc... (or omit tribe-by-tribe listing)



### - 1This date 1 (INSERT DATE) unles otberwt e noted 2 Excludes Indian country located in each county orarea, unless otherwise noted. 3 fncludes all Indian country located within the exterior boundaries ofthe State ofArizona, exceptfor Indian country separately designated in this Table. I
I15 Questions Regarding This Policy StaffinEPA's Office ofAir QualityPlanning and Standards are available for assistance throughout the designations process. Questions on this policymaybe directed to Kristin Riha at (919) 541-2031 or riha.kristin@epa.gov; or Angel McCormack at (919) 541-3588 ormccormack.angel@epa.gov.

cc: AnnaWood, OAQPS LydiaWegman, OAQPS RichardWayland, OAQPS Greg Green, OAQPS PeterTsirigotis, OAQPS Margo Oge, OTAQ Sarah Dunham, OAP