### Gregory Mendoza Governor 

### Stephen Roe Lewis Lieutenant Governor 

# GILA RIVER 

# INDIAN COMMUNITY November 15, 2013

Jared Blumenfeld Regional Administrator USEP A Region 9 75 Hawthorne Street San Francisco, CA 94105 

## Executive Office "A New Generation of Leadership Serving the People "

RE: Designation and Boundary Recommendations by the Gila River Indian Community for the Revised Primary Annual Fine Particle (PM2.5) NAAQS (78 Fed. Reg. 3086, January 15 , 2013) Dear Mr. Blumenfeld: Under Section 107( d) and Section 301( d) of the Clean Air Act, tribes have one year after promulgation of a revised NAAQS or in the case of the revised primary annual PM2 .5 NAAQS, until December 13, 2013, to submit designation and boundary recommendations to the EPA Administrator. There then follows a sequence of communications and events that are described in a memorandum from Stephen D. Page, Director of OAQPS to EPA Regional Administrators (December 20, 2011)
. The guidance memorandum describes the procedures for collaboration between tribes and EPA during the designation process. These documents and the documents they reference establish the criteria for a nonattainment /attainment designation and the five factors EPA will evaluate in determining the nonattainment area boundaries. The Gila River Indian Community was previously designated attainment /unclassifiable on November 26, 2012 under the 2006 24 hour PM2 .5 NAAQS. In addition, the lands within the exterior boundaries of the Community were separated from the surroundingjurisdictions (Pinal County, Maricopa County) for the purposes of establishing designation boundaries. This original designation was based on monitoring data and the facts bulleted below
. The purpose of this letter is to make both the designation and boundary recommendations under the Revised Primary Annual Fine Particle (PM2.5) NAAQS (78 Fed
. Reg. 3086, January 15, 2013). The designation and boundary determination process contemplated by the foregoing

. documents and guidance is resource intensive and complex, but that process is simply

unnecessary in the case of the Gila River Indian Community. Thus, the Community believes it can make its recommendations now.

525 West Gu u Ki • Post Office Box 97 • Sacaton, Arizona 85147 • Telephone: (520) 562-9841 • Fax Line: (520) 562-9849 web: www.gilariver.orgJared Blumenfeld November 15,2013 Page 2 The Community's recommendations are based on the following undisputed facts:
• On September 21 , 2004, EPA concurred with the Community's decision to discontinue monitoring ofPM2 .5 concentrations within the external boundaries of the Community because PM2. s concentrations "are well below the NAAQS for 

### PM 25." • Thus, there are no measured concentrations ofPM2 .5 above the annual fine particulate NAAQS during the three-year period of concern. • There are no significant sources ofPM2 . 5 on Community land

-- no combustion sources and no other significant sources ofPM2 .5 • There are sand and gravel operations but the emissions from the crushing and screening activities at these operations are of much larger particles than PM2. 5 • • Elevated concentrations ofPM2 .5 measured in Maricopa County to the north of and adjoining the Community are either from identified sources such as wood burning fireplaces during the Christmas season or are associated with other combustion sources associated with urban conditions. • Elevated concentrations of PM2 .5 measured in Pinal County to the south of and adjoining the Community are also from identified sources such as huge cattle feedlots and dairy operations. • No activity or source on Community land is capable of making any significant contribution to elevated PM2 .s levels measured in either County
. In sum, there are no directly measured exceedances ofthe annual fine particulate NAAQS on the Community and no evidence to support a finding that sources or activities on the Community are contributing to off-Community measurements of elevated levels ofPM2 .5 in the adjoining counties. For the foregoing reasons the undersigned, on behalf ofthe Gila River Indian Community, recommends that all land within the external boundaries of the Community be designated attainment for the Revised Primary Annual Fine Part icle (PM2 . 5) NAAQS (78 Fed. Reg. 3086, January 15, 2013). Sincerely
.,. 

### ___..

/ Gregory endoga(Governor GiJf

### Ri,v**r** Indian Community /
Cc: Ondrea Barber, DEQ EPA R9 Air Division