UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105·3901 

The Honorable Kathryn Montes Morgan 

Chairwoman 

Tejon Indian Tribe 

1731 Hasti-Acres Drive 

Bakersfield, CA 93309 

Dear Chairwoman Morgan: 

DEC 1 8 2914 

Pursuant to Executive Order 13175 and the EPA Policy on Consultation and Coordination with Indian 

Tribes, I would like to invite the Tejon Indian Tribe to engage in government-to-government 

consultation on a proposed action and an action EPA is considering to reclassify the San Joaquin Valley 

nonattainment area from "moderate" nonattainment to "serious" nonattainment for two National 

Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.s). 

The San Joaquin Valley is currently classified "moderate" nonattainment for two PM2.s NAAQS 

established in 1997 and 2006. For the 1997 PM2.s NAAQS, EPA evaluated air quality data and 

determined that it is not possible for the San Joaquin Valley to attain the 1997 PM2.s NAAQS by the 

applicable attainment date of AprilS, 2015. Consistent with this determination, EPA is proposing to 

reclassify the San Joaquin Valley as "serious" nonattainment for the 1997 PM2.s NAAQS. This 

reclassification would establish a new attainment date of December 31, 2015 and outline new air quality 

planning requirements. 

For the 2006 PM2.s NAAQS, EPA is currently evaluating air quality and modeling analyses regarding 

the ability ofthe San Joaquin Valley to attain the 2006 PM2.s NAAQS by the applicable attainment date. 

Consistent with this evaluation, EPA is also considering action to reclassify the San Joaquin Valley as 

Serious nonattainment for the 2006 PM2.s NAAQS. Similar to the 1997 PM2.s NAAQS, a reclassification 

action for the 2006 PM2.s NAAQS would establish new attainment dates and outline new air quality 

planning requirements. 

These reclassifications would also lower the applicable "major source" thresholds for the purposes of the 

nonattainment new source review program and the Title V operating permit program from its current 

level of 100 tons per year (tpy) to 70 tpy, potentially subjecting more stationary sources to these 

requirements. The reclassifications may also lower the de minimis threshold for the Clean Air Act's 

General Conformity requirement from 100 tpy to 70 tpy. Under the General Conformity requirement, 

Federal agencies bear the responsibility of determining conformity of actions in nonattainment and 

maintenance areas that require Federal permits, approvals, or funding. 

To ensure that the interests and concerns of the Tejon Indian Tribe are considered, I would like to invite 

you or your designated consultation representative to engage in government-to-government consultation 

with EPA. To request further information, or to initiate consultation, please have your staff contact Mr. 

Kerry Drake, Associate Director, Air Division, at ( 415) 94 7-4157 or by electronic mail at 

Printed on Recycled Paper 
drake.kerry@epa.gov. If you desire government-to-government consultation with EPA, we respectfully 

request that you notify us by January 16, 2015. 

Thank you and I look forward to receiving your input. 

Sincerely, 

Deborah Jordan 

Director, Air Division