Alexis Strauss, Acting Regional Administrator, EPA Region 9 signed the following 

proposed rule on December 23, 2014, and EPA is submitting it for publication in the 

Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet 

version of the proposed rule, it is not the official version of the proposed rule for purposes 

of public comment. Please refer to the official version in a forthcoming FR publication, 

which will appear on the Government Printing Office's FDsys website 

(http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov 

(http://www.regulations.gov) in Docket No. EPA-R09-OAR-2014-0869 

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Parts 49 and 81 

[EPA-R09-OAR-2014-0869; FRL- ] 

Approval of Tribal Implementation Plan and Designation of Air 

Quality Planning Area; Pechanga Band of Luiseño Mission Indians 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection Agency (EPA) is proposing 

to revise the boundaries of the Southern California air quality 

planning areas to designate the reservation of the Pechanga Band 

of Luiseño Mission Indians of the Pechanga Reservation, 

California as a separate air quality planning area for the 1997 

8-hour ozone National Ambient Air Quality Standard. The EPA is 

also proposing to approve the Tribe’s tribal implementation plan 

for maintaining the 1997 ozone standard within the Pechanga 

Reservation through 2025 because it meets the Clean Air Act’s 

and the EPA’s requirements for maintenance plans. Lastly, based 

in part on the proposed approval of the maintenance plan, EPA is 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

2 

proposing to grant a request from the Tribe to redesignate the 

Pechanga Reservation ozone nonattainment area to attainment for 

the 1997 8-hour ozone standard because the area meets the 

statutory requirements for redesignation under the Clean Air 

Act. 

DATES: Written comments must be received on or before [INSERT 

DATE 30 DAYS AFTER DATE OF PUBLICATON IN THE FEDERAL REGISTER]. 

ADDRESSES: Submit your comments, identified by Docket ID No. 

EPA-R09-OAR-2014-0869, by one of the following methods: 

 1. http://www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

 2. E-mail: israels.ken@epa.gov. 

 3. Fax: 415-947-3579. 

 4. Mail or deliver: Ken Israels (Mailcode AIR-8), U.S. 

Environmental Protection Agency, Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105-3901. 

Instructions: All comments will be included in the public 

docket without change and may be made available online at 

http://www.regulations.gov, including any personal information 

provided, unless the comment includes Confidential Business 

Information (CBI) or other information whose disclosure is 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

3 

restricted by statute. Information that you consider CBI or 

otherwise protected should be clearly identified as such and 

should not be submitted through the http://www.regulations.gov

or e-mail. http://www.regulations.gov is an anonymous access 

system, and EPA will not know your identity or contact 

information unless you provide it in the body of your comment. 

If you send e-mail directly to EPA, your e-mail address will be 

automatically captured and included as part of the public 

comment. If EPA cannot read your comment due to technical 

difficulties and cannot contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for this action is 

available electronically at http://www.regulations.gov and in 

hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, 

California. While all documents in the docket are listed in the 

index, some information may be publicly available only at the 

hard copy location (e.g., copyrighted material), and some may 

not be publicly available in either location (e.g., CBI). To 

inspect the hard copy materials, please schedule an appointment 

during normal business hours with the contact listed directly 

below. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

4 

FOR FURTHER INFORMATION CONTACT: Ken Israels, Grants and Program 

Integration Office (AIR-8), U.S. Environmental Protection 

Agency, Region IX, (415) 947-4102, israels.ken@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, the terms 

“we,” “us,” “our,” and “Agency” refer to the EPA. 

Table of Contents 

I. Background 

A. Pechanga Band of Luiseño Mission Indians of the Pechanga 

Reservation 

B. National Ambient Air Quality Standards 

C. Air Quality Implementation Plans, Area Designations and 

Classifications 

D. Pechanga Tribe’s 2009 Petition for Boundary Change and 

2014 Submittal of Maintenance Plan and Redesignation 

Request 

II. Boundary Change Request 

A. Legal Authority 

B. Proposed Boundary Change Making the Pechanga Reservation 

a Separate Nonattainment Area for the 1997 8-hour Ozone 

Standard 

III. Requirements for Redesignation 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

5 

A. Procedural Requirements 

B. Substantive Requirements 

IV. Evaluation of the Pechanga Tribe’s Redesignation Request 

A. Determination that the Area Has Attained the Applicable 

NAAQS 

B. The Area Must Have a Fully Approved Implementation Plan 

Meeting Requirements Applicable for Purposes of 

Redesignation Under Section 110 and Part D 

1. Basic Implementation Plan Requirements Under CAA 

Section 110 

2. Part D Requirements 

C. The Area Must Show the Improvement in Air Quality is Due 

to Permanent and Enforceable Emission Reductions 

D. The Area Must Have a Fully Approved Maintenance Plan 

Under CAA Section 175A 

1. Attainment Inventory 

2. Maintenance Demonstration 

3. Monitoring Network 

4. Verification of Continued Attainment 

5. Contingency Provisions 

V. Summary of Proposed Action and Request for Public Comment 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

6 

VI. Statutory and Executive Order Reviews 

I. Background 

A. Pechanga Band of Luiseño Mission Indians of the Pechanga 

Reservation 

The Pechanga Band of Luiseño Mission Indians of the 

Pechanga Reservation (Pechanga Tribe or “Tribe”) is a federally 

recognized tribe whose reservation (“Pechanga Reservation” or 

“reservation”) straddles the boundary between western Riverside 

County and northern San Diego County where Temecula Valley meets 

the complex topography that forms the boundary between these two 

counties. See figure 1-1 of the Tribe’s “Ozone Redesignation 

Request and Maintenance Plan for Pechanga Band of Luiseño 

Mission Indians of the Pechanga Reservation Nonattainment Area 

(May 2014)” for an illustration of the boundaries of the 

Pechanga Reservation. 

The Pechanga Reservation consists of 6,700 acres located in 

the northwestern portion of the Cleveland National Forest, 

ranging between 1,100 and 2,600 feet in elevation and is home to 

approximately 800 full-time residents.1 Most of the Pechanga 

 

1 See EPA’s 2008 8-hour ozone standard designations Technical Support 

Document (TSD) found at 

http://www.epa.gov/groundlevelozone/designations/2008standards/documents/R9_C
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

7 

Reservation is located north of the Riverside County-San Diego 

County boundary in Riverside County, just south of the City of 

Temecula, but a small portion of the reservation is located 

south of the boundary in San Diego County. The Pechanga 

Reservation has one major stationary source of emissions, the 

Pechanga Casino and Resort, within the reservation boundaries.2

Other sources of emissions include local traffic to and from the 

casino and resort, parking structures, a golf course, a gas 

station, and a recreational vehicle (RV) park. 

In 2013, the EPA determined that the Pechanga Tribe is 

eligible for treatment in the same manner as a state (also 

referred to as “TAS”) for purposes of CAA sections 105, 107(d), 

126, and 505(a)(2).3 More recently, the EPA determined that the 

Tribe is eligible for TAS for purposes of CAA sections 110 and 

175A and the submitted maintenance plan.4 As such, the Pechanga 

Tribe is authorized to request EPA to redesignate an area under 

 

A_TSD_FINAL.pdf

2 In this context, given the designation and classification of the area for 

ozone, “major source” refers to a stationary source with a potential to emit 

greater than 10 tons per year of either ozone precursor (i.e., volatile 

organic compounds or oxides of nitrogen). 

3 Letter from Jared Blumenfeld, Regional Administrator, EPA Region IX, to 

Mark Macarro, Tribal Chairman, Pechanga Tribe, dated July 23, 2013. 

4 Letter from Jared Blumenfeld, Regional Administrator, EPA Region IX, to 

Mark Macarro, Tribal Chairman, Pechanga Tribe, dated December 4, 2014.
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

8 

section 107(d) and is authorized to submit a section 175A 

maintenance plan for review and approval or disapproval under 

section 110(k). EPA reviews such a maintenance plan in 

accordance with the same provisions for review set forth in CAA 

section 110 for section 175A maintenance plans submitted by a 

state. See CAA section 110(o). 

B. National Ambient Air Quality Standards 

The Clean Air Act (CAA or “Act”) requires the EPA to 

establish National Ambient Air Quality Standards (NAAQS or 

“standards”) for pollutants that “may reasonably be anticipated 

to endanger public health and welfare” and to develop a primary 

and secondary standard for each NAAQS. The primary standard is 

designed to protect human health with an adequate margin of 

safety and the secondary standard is designed to protect public 

welfare and the environment. The EPA has set NAAQS for six 

common air pollutants, referred to as “criteria” pollutants: 

ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, 

particulate matter, and lead. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

9 

In 1979, the EPA promulgated the first ozone5 standard of 

0.12 parts per million (ppm), averaged over a 1-hour period (“1-

hour ozone standard”), to replace an earlier photochemical 

oxidant standard. In 1997, the EPA revised the ozone standard to 

0.08 ppm, 8-hour average (“1997 ozone standard”), and then, in 

2008, lowered the 8-hour ozone standard to 0.075 ppm (“2008 

ozone standard”). Today’s proposed action primarily relates to 

the designations and classifications of the Pechanga Reservation 

for the 1997 ozone standard, but, as explained below, would have 

implications for the 1-hour ozone standard as well. 

C. Air Quality Implementation Plans, Area Designations and 

Classifications 

Under section 110 of the CAA, states must adopt and submit 

state implementation plans (SIPs) to implement, maintain, and 

enforce the NAAQS. SIPs do not as a general matter apply within 

Indian reservations, but eligible tribes may (but are not 

required to) choose to adopt and submit tribal implementation 

 

5 Ground-level ozone is a gas that is formed by the reaction of volatile 

organic compounds (VOC) and oxides of nitrogen (NOx) in the atmosphere in the 

presence of sunlight. These precursor emissions are emitted by many types of 

pollution sources, including power plants and industrial emissions sources, 

on-road and off-road motor vehicles and engines, and smaller sources, 

collectively referred to as area sources. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

10 

plans (TIPs) that serve the same types of functions in areas 

under tribal jurisdiction as SIPs serve within areas subject to 

state jurisdiction. Where necessary or appropriate to protect 

air quality, EPA must establish without unreasonable delay 

Federal implementation plans (FIPs) where a tribe does not do 

so. See 40 CFR 49.11. 

Under the 1977 amendments to the CAA, EPA designated all 

areas of the country as attainment, nonattainment, or 

unclassifiable for each of the NAAQS. See 43 FR 8962 (March 3, 

1978). These designations were generally based on monitored air 

quality values compared to the applicable standard. Under the 

1990 amendments to the CAA, ozone nonattainment areas were 

further classified as “Marginal,” “Moderate,” “Serious,” 

“Severe” or “Extreme” depending upon the severity of the ozone 

problem.6 

States with nonattainment areas are subject to the 

requirements to adopt and submit SIP revisions that, among other 

things, impose stringent requirements on new or modified major 

stationary sources (referred to as major source Nonattainment 

 

6 Area designations and classifications are codified in 40 CFR part 81; area 

designations and classifications for California are codified at 40 CFR 

81.305. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

11 

New Source Review (“NNSR”)) and provide for attainment of the 

applicable ozone standard by the applicable attainment date. 

Areas with higher ozone classifications are given more time to 

attain the applicable ozone standard than areas with lower ozone 

classifications, but they are subject to a greater number, and 

more stringent, requirements, including those related to major 

source NNSR. 

Historically, the Pechanga Reservation was included in the 

air quality planning area referred to as the Los Angeles-South 

Coast Air Basin Area (“South Coast”).7 Under the 1990 CAA 

amendments, the South Coast was classified as an “Extreme” ozone 

nonattainment area for the 1-hour ozone standard. See 56 FR 

56694 (November 6, 1991). 

In 2004, the EPA promulgated area designations and 

classifications for the 1997 ozone standard. The EPA designated 

the South Coast as a “Severe-17” nonattainment area.8 See 69 FR 

 

7 The South Coast includes Orange County, the southwestern two-thirds of Los 

Angeles County, southwestern San Bernardino County, and western Riverside 

County. See 40 CFR 81.305.

8 With respect to the 1997 8-hour ozone standard, areas given the “Severe” 

ozone classification were split, based on the 8-hour ozone design value at 

the time of designation, between those for which the applicable attainment 

date is no later than 15 years from designation (“Severe-15”) and those for 

which the applicable attainment date is no later than 17 years from 

designation (“Severe-17”). See 40 CFR 51.903, table 1. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

12 

23858 (April 30, 2004). In 2005, EPA revoked the 1-hour ozone 

standard, but under EPA’s implementation rules governing the 

transition from the 1-hour ozone standard to the 1997 ozone 

standard (see 40 CFR 51.905), certain requirements based on an 

ozone nonattainment area’s classification for the 1-hour ozone 

standard, continue to apply within areas that are designated as 

nonattainment for the 1997 ozone standard, such as the South 

Coast. The requirements that apply to an area designated as 

nonattainment for the 1997 ozone standard by virtue of the 

area’s classification under the 1-hour ozone standard are 

referred to as “anti-backsliding” measures. The “antibacksliding” measures are no longer applicable when the area is 

redesignated to attainment for the 1997 ozone NAAQS. 

In 2009, we proposed to grant the State of California’s 

request to reclassify the portion of the South Coast subject to 

state jurisdiction from “Severe-17” to “Extreme” for the 1997 

ozone standard, and to reclassify Indian country9 within the 

 

9 “Indian country” as defined at 18 U.S.C. 1151 refers to: “(a) all land 

within the limits of any Indian reservation under the jurisdiction of the 

United States Government, notwithstanding the issuance of any patent, and, 

including rights-of-way running through the reservation, (b) all dependent 

Indian communities within the borders of the United States whether within the 

original or subsequently acquired territory thereof, and whether within or 

without the limits of a state, and (c) all Indian allotments, the Indian 

titles to which have not been extinguished, including rights-of-way running 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

13 

South Coast consistent with the state’s request. See 74 FR 43654 

(August 27, 2009). We finalized the reclassification action in 

2010 as proposed, with the exception of the reservations of two 

specific tribes, for which we deferred final action. See 75 FR 

24409 (May 5, 2010).10 The Pechanga Reservation was one of the 

two areas within the South Coast for which we deferred taking 

final reclassification action. If we finalize today’s action as 

proposed, then we will withdraw our proposed reclassification of 

the Pechanga Reservation to “Extreme” for the 1997 ozone 

standard as moot. 

In 2008, a federal land transfer pursuant to an Act of 

Congress modified the boundaries of the Pechanga Reservation to 

increase the previous reservation area by approximately 1,100 

acres, including 119 acres in San Diego County. The San Diego 

County portion of the Pechanga Reservation is located within the 

“San Diego County (part)” ozone area for the 1997 ozone 

standard. In 2013, the EPA granted the State of California’s 

request to redesignate the San Diego County 1997 8-hour ozone 

 

through the same.” 

10 We deferred final action to complete our review of boundary change 

requests we had received from the two tribes. With respect to the Pechanga 

Tribe, today’s proposed boundary change constitutes the EPA’s response to its 

request. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

14 

area, which, as noted above, includes the portion of the 

Pechanga Reservation in San Diego County, to attainment for that 

standard. See 78 FR 33230 (June 4, 2013). That portion of the 

Pechanga Reservation is thus already designated as attainment 

for the 1997 8-hour ozone standard. 

Lastly, in 2012, the EPA designated the Pechanga 

Reservation (both the Riverside and San Diego County portions) 

as a separate nonattainment area for the 2008 ozone standard and 

classified the area as “Moderate” for that standard. See 77 FR 

30088 (May 21, 2012). 

D. Pechanga Tribe’s 2009 Petition for Boundary Change and 2014 

Submittal of Maintenance Plan and Redesignation Request 

On June 23, 2009, the Pechanga Tribe submitted a petition 

to the EPA to create a separate ozone nonattainment area for the 

Pechanga Indian Reservation, or, alternatively, to move the 

northern boundary of the San Diego County air quality planning 

area for the 1997 ozone standard to include the entire extent of 

the reservation, thus removing it from the South Coast.11 As 

noted above, we have already designated the Pechanga Reservation 

 

11 See letter from Mark Macarro, Tribal Chairman, Pechanga Tribe, to Deborah 

Jordan, Director, Air Division, EPA Region IX, dated June 23, 2009. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

15 

as a separate nonattainment area for the 2008 ozone NAAQS. 

Today, in section II of this document, we evaluate the Tribe’s 

2009 request with respect to the 1997 ozone standard, and are 

proposing an action that, if finalized, will constitute our 

complete response to the Tribe’s 2009 petition. 

On May 9, 2014, citing the Pechanga Tribe’s June 23, 2009 

petition to establish a separate Pechanga ozone nonattainment 

area, the Pechanga Tribe submitted a request to the EPA to 

redesignate the Pechanga ozone nonattainment area to attainment 

for the 1997 8-hour ozone NAAQS. With the redesignation request, 

the Pechanga Tribe included a document titled “Ozone 

Redesignation Request and Maintenance Plan for Pechanga Band of 

Luiseno Mission Indians of the Pechanga Reservation 

Nonattainment Area” (“Pechanga Ozone Maintenance Plan”). Since 

then, the Pechanga Tribe has applied for, and been granted, TAS 

status for CAA sections 110 and 175A for the purpose of 

submitting and implementing a maintenance plan for the 1997 

ozone standard, and on November 4, 2014, the Pechanga Tribe resubmitted the Pechanga Ozone Maintenance Plan for approval to 

EPA as a TIP. As described in detail in section IV of today’s 

document, we are proposing to grant the Pechanga Tribe’s 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

16 

redesignation request and to approve the Pechanga Ozone 

Maintenance Plan. 

II. Boundary Change Request 

A. Legal Authority 

Section 107(d)(3)(D) provides that a state may submit to 

the EPA a revised designation of any area or portion thereof 

within the State. Such revised designations are referred to as 

“redesignations.” A boundary change is one type of 

redesignation, and a change in status (e.g., from 

“nonattainment” to “attainment”) is another type of 

redesignation. In this document, we refer to our proposed change 

in boundaries as a “boundary change” instead of a 

“redesignation” to reduce confusion with the other type of 

redesignation (i.e., change in status) that is also proposed 

herein. 

The EPA has granted the Pechanga Tribe TAS status for CAA 

section 107(d) and thus we have reviewed the Tribe’s June 23, 

2009 boundary change request as a request under section 

107(d)(3)(D).12 We review such requests under CAA section 

 

12 We recognize that the Pechanga Tribe did not have TAS status at the time 

of the June 23, 2009 submittal, but we believe that our action on the June 

23, 2009 submittal at this time should reflect the subsequent grant of the 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

17 

107(d)(3)(D) using the same criteria we would use if the EPA 

were initiating the boundary change under CAA section 

107(d)(3)(A), i.e., “on the basis of air quality data, planning 

and control considerations, or any other air quality-related 

considerations the Administrator deems appropriate.” In 

contrast, redesignations involving changes in status, 

specifically from “nonattainment” to “attainment” are governed 

by the criteria in section 107(d)(3)(E), which are discussed in 

more detail in section III of this document. 

For the reasons set forth below, we are proposing to revise 

the boundaries of the South Coast and San Diego air quality 

planning areas to establish a separate air quality planning area 

for the Pechanga Reservation for the 1997 8-hour ozone standard. 

B. Proposed Boundary Change Making the Pechanga Reservation a 

Separate Nonattainment Area for the 1997 8-hour Ozone Standard 

As noted above, EPA reviews requests, such as the Pechanga 

Tribe’s June 23, 2009 request, for a boundary change “on the 

basis of air quality data, planning and control considerations, 

or any other air quality-related considerations the 

 

Tribe’s application for TAS status for section 107(d) in 2013. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

18 

Administrator deems appropriate.” In the context of requests 

from tribes for boundary changes, we have developed more 

specific guidance consistent with the general statutory 

considerations in CAA section 107(d)(3)(A). The specific 

guidance is titled, “Policy for Establishing Separate Air 

Quality Designations for Areas in Indian Country” (“Tribal 

Designation Policy”).13 The Tribal Designation Policy identifies 

the specific air quality data, planning and control 

considerations, and other air quality-related considerations 

that the EPA deems appropriate in the context of reviewing 

requests from a tribe for a change in the boundaries of the air 

quality planning area in which the tribe is located. 

Where the EPA receives a request for a boundary change from 

a tribe seeking to have its Indian country designated as a 

separate area, the policy indicates that the EPA will make 

decisions regarding these requests on a case-by-case basis after 

consultation with the tribe. As a matter of policy, the EPA 

believes that it is important for tribes to submit the following 

 

13 See memorandum from Stephen D. Page, Director, EPA Office of Air Quality 

Planning and Standards, to EPA Regional Air Directors, Regions I-X, dated 

December 20, 2011, titled “Policy for Establishing Separate Air Quality 

Designations for Areas of Indian Country.” A copy of the Tribal Designation 

Policy can be found at http://www.epa.gov/ozonedesignations/guidance.htm. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

19 

information when requesting a boundary change: a formal request 

from an authorized tribal official; documentation of Indian 

country boundaries to which the air quality designation request 

applies; concurrence with EPA’s intent to include the identified 

tribal lands in the 40 CFR part 81 table should the EPA 

separately designate the area; and a multi-factor analysis to 

support the request. See Tribal Designation Policy, pages 3 and 

4. 

The Tribal Designation Policy states that the EPA intends 

to make decisions regarding a tribe’s request for a separate air 

quality designation after all necessary consultation with the 

tribe and, as appropriate, with the involvement of other 

affected entities, and after evaluating whether there is 

sufficient information to support such a designation. Boundary 

change requests for a separate air quality designation should 

include an analysis of a number of factors (referred to as a 

“multi-factor analysis,”) including air quality data, emissionsrelated data (including source emissions data, traffic and 

commuting patterns, population density and degree of 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

20 

urbanization), meteorology, geography/topography, and 

jurisdictional boundaries.14 

The Pechanga Tribe’s boundary change request, submitted by 

the Tribe’s Chairman on June 23, 2009, included a multi-factor 

analysis addressing air quality data, emissions data, 

meteorology, geography/topography, and jurisdictional 

boundaries. As such, although submitted prior to release of the 

Tribal Designation Policy, the Pechanga Tribe’s request for a 

boundary change to create a separate ozone nonattainment area 

represents the type of formal, official request and supporting 

information called for in the policy. Moreover, the Tribe’s June 

23, 2009 submittal was supplemented by the Tribe with more 

recent information in the Pechanga Ozone Maintenance Plan. 

Air Quality Data: For this factor, as discussed below, we 

considered 8-hour ozone design values for air quality monitors 

in and near the Pechanga Reservation, based on the 2011-2013 

period (i.e., the 2013 design value). A monitor’s design value 

is the metric or statistic that indicates whether that monitor 

attains a specific air quality standard. The 1997 ozone NAAQS is 

 

14 The Tribal Designation Policy also states that, in addition to information 

related to the identified factors, tribes may submit any other information 

that they believe is important for the EPA to consider. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

21 

met at a monitor when the annual fourth-highest daily maximum 8-

hour average concentration, averaged over 3 years, is 0.08 ppm 

or less. See 40 CFR 50.10. A design value is only valid if 

minimum data completeness criteria are met. See 40 CFR part 50, 

appendix I. Monitors that are eligible for providing design 

value data include monitors that are sited in accordance with 40 

CFR part 58, appendix D (section 4.1), are federal reference 

method (FRM) or federal equivalent method (FEM) monitors, and 

meet the requirements of 40 CFR part 58, appendix A. 

The Pechanga Tribe began operation of an FEM ozone monitor 

on the reservation in June 2008, but the data does not meet the 

completeness criteria for the 2011-2013 period. However, there 

is another FEM ozone monitoring site in the vicinity of the 

reservation. The monitoring site, referred to as the “Temecula” 

site, is operated by the South Coast Air Quality Management 

District (SCAQMD) at a location approximately 10 miles north of 

the reservation, and as explained further in section IV.A of 

this document, the data from the Temecula site is considered 

representative of ozone conditions at the Pechanga Reservation 

and is complete for 2011-2013. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

22 

The 2013 design value based on data from the Temecula site 

is 0.077 ppm, which, given the representativeness of the 

Temecula data, means that current air quality at the Pechanga 

Reservation meets the 1997 ozone standard of 0.08 ppm.15 In 

contrast, ozone concentrations are higher farther north in 

Riverside County and lower farther south in San Diego County. 

For instance, the next closest ozone monitoring site in 

Riverside County is the Lake Elsinore site, which is about 20 

miles northwest of the reservation and which has a design value 

for 2011-2013 of 0.086 ppm, and which violates the 1997 ozone 

standard. The next closest ozone monitoring site in San Diego 

County is the Escondido site, which is about 20 miles south of 

the reservation and which has a design value for the same period 

of 0.069 ppm. Thus, in this portion of southern Riverside County 

and northern San Diego County, ozone concentrations generally 

decrease from north to south, but vary less moving east and west 

from the reservation.16

 

15 In fact, the Pechanga data are consistently less than or equal to the 

Temecula and Lake Elsinore data for the 2011-2013 timeframe.

16 See pages II-2-28 through II-2-37 in Appendix II (“Current Air Quality”) 

of the South Coast Air Quality Management District’s 2012 Air Quality 

Management Plan (February 2013) for figures illustrating the spatial 

distribution of elevated ozone concentrations in the South Coast. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

23 

Emissions-Related Data: For this factor, we reviewed 

documentation provided in Pechanga’s June 23, 2009 boundary 

change request and more recent information submitted with the 

Pechanga Ozone Maintenance Plan, as well as the Tribe’s 

application for a “part 71” (i.e., title V) permit for the 

Pechanga Resort and Casino, and related annual emissions 

reports.17 Based on information contained in the cited 

references, we estimate that current actual emissions from 

sources operating on the Pechanga Reservation are approximately 

5.8 tons per year (tpy) of VOC and 10.7 tpy of NOx. Sources that 

contribute to this total include stationary sources operating at 

the casino, such as a gas turbine, boilers, emergency 

generators, and a fire water pump; and emergency generators 

operating at the government center, the fire station, the 

gasoline station/mini-mart, and at various wells. Also 

contributing to the total are area sources such as consumer 

product use and gasoline loading, storage, and dispensing at the 

gasoline station/mini-mart. Lastly, the inventory includes 

 

17 The Pechanga Resort and Casino is considered a “major” source for the 

purposes of title V of the Act based on the facility’s potential to emit NOx

emissions at levels greater than the applicable major source NSR threshold. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

24 

emissions from on-road and nonroad motor vehicle use on the 

reservation. 

In contrast, current ozone precursor emissions within the 

South Coast nonattainment area are approximately 230,000 tpy of 

VOC and 190,000 tpy of NOx.18 To the south, current ozone 

precursor emissions within the San Diego maintenance area are 

approximately 46,000 tpy of VOC and 42,000 tpy of NOx.19 In terms 

of percentages, Pechanga-related emissions are approximately 

0.003 percent and 0.006 percent of South Coast emissions of VOC 

and NOx, respectively, and are approximately 0.01 percent and 

0.03 percent of San Diego County emissions of VOC and NOx, 

respectively. 

With respect to traffic and commuting patterns, operations 

at the Pechanga Resort and Casino generate vehicle trips in the 

region from patrons and employees, but no transportation 

corridors pass through the reservation. Interstate 15 and State 

Route 79 pass a couple of miles west and north, respectively, of 

the developed portions of the reservation. As far as population 

 

18 Year 2012 emissions for the South Coast Air Basin are from CARB’s Almanac 

Emissions Projection Data (Published in 2013). 

19 Year 2012 emissions for San Diego County are from CARB’s Almanac Emissions 

Projection Data (Published in 2013). 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

25 

density and degree of urbanization, we note that, with the 

exception of the immediate vicinity of the resort and casino, 

the Pechanga Reservation is largely undeveloped and sparsely 

populated in comparison with highly developed land to the north 

in Temecula Valley. In fact, the degree of urbanization at the 

Pechanga Reservation is similar to the sparsely-populated region 

to the south in northern San Diego County. 

Meteorology: EPA evaluated available meteorological data 

to help determine how meteorological conditions, such as 

weather, transport patterns and stagnation conditions, would 

affect the fate and transport of precursor emissions 

contributing to ozone formation. Pechanga is located about 25 

miles inland and experiences similar complex meteorology and 

transport patterns as inland parts of western Riverside County 

and western San Diego County. Transport of ozone and its 

precursors is prevalent from the South Coast to San Diego County 

under several different meteorological regimes one of which 

transports emissions from metropolitan Los Angeles to San Diego 

County along the Interstate 15 corridor.20 Given the location of 

 

20 Bigler-Engler, V, 1995: Analysis of an Ozone Episode during the San Diego 

Air Quality Study: The Significance of Transport Aloft. Journal of Applied 

Meteorology, 34, 1863-1875). Luria, M, 2005: Local and Transported pollution 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

26 

the Pechanga Reservation near the Interstate 15 corridor and 

along the boundary between the Riverside County portion of the 

South Coast and San Diego County, the transport of ozone and its 

precursors from metropolitan Los Angeles also influences air 

quality at the reservation and is the primary cause of historic 

ozone violations at the reservation. 

Geography/Topography: The Pechanga Reservation consists of 

6,700 acres located in northwestern portion of the Cleveland 

National Forest, ranging between 1,100 and 2,600 feet in 

elevation. The reservation lies primarily in Riverside County 

along the boundary separating Riverside and San Diego counties, 

but a small portion of the reservation extends across the 

county-line into San Diego County. The terrain along the 

Riverside-San Diego county boundary is complex, but there are no 

significant topographic barriers to air flow, suggesting that 

the Pechanga Reservation may experience similar air quality to 

the surrounding air quality planning areas.

 

of San Diego, California. Atmospheric Environment, 39, 6765-6776. Boucouvala, 

D, 2003: Analysis of transport patterns during an SCOS97-NARSTO episode. 

Atmospheric Environment, 37 Supplement No. 2, S73-S94. Meteorological and 

Photochemical Modeling for the San Diego County 2007, 8 Hour Ozone State 

Implementation Plan.
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

27 

Jurisdictional Boundaries: For ozone planning purposes, 

the Pechanga Reservation is currently split for the 1-hour ozone 

and 1997 ozone standards between the South Coast and the San 

Diego County air quality planning areas, but is a separate air 

quality planning area for the 2008 ozone NAAQS. With respect to 

air pollution control, the South Coast, with the exception of 

the Pechanga Reservation and certain other areas of Indian 

country, lies within the jurisdiction of the SCAQMD, and San 

Diego County, also with the exception of the Pechanga 

Reservation and certain other areas of Indian country, lies 

within the jurisdiction of the San Diego County Air Pollution 

Control District (SDCAPCD). The EPA has jurisdiction under the 

CAA over air pollution sources at the Pechanga Reservation 

although the Tribe may develop and implement its own air 

program, and displace EPA’s program, or portion thereof, if it 

chooses to, upon EPA approval. 

Evaluation of Factors: Air quality data, meteorology and 

topography indicate that the Pechanga Reservation experiences 

similar complex meteorology and transport patterns as inland 

parts of western Riverside and San Diego counties. Transport of 

ozone and its precursors to the Pechanga Reservation is 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

28 

prevalent from the South Coast. Considering the three factors of 

air quality data, meteorology, and topography, EPA could 

reasonably include the Pechanga Reservation in either the South 

Coast air quality planning area to the north, or the San Diego 

County air quality planning area to the south. Alternatively, 

the EPA could establish a separate nonattainment area for the 

Pechanga Reservation as it did for the 2008 ozone standard.21 

However, taking into account the minimal emissions 

associated with activities on the Pechanga Reservation and 

corresponding minimal contribution from Pechanga-related 

emissions sources to regional ozone violations, we believe that 

in these circumstances it is appropriate and consistent with the 

principles for designations of Indian country set forth in the 

Tribal Designation Policy to assign particular weight to the 

jurisdictional boundaries factor. Moreover, the Tribe has 

invested in the development of its own air program, including 

operation of an ozone monitoring station, and has expressed 

interest in development of its own permitting program. 

Establishment of the Pechanga Reservation as a separate planning 

 

21 See 77 FR 30088, dated May 21, 2012. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

29 

area for the 1997 ozone standard would facilitate the Tribe’s 

development of its own air program by aligning the area 

designations for the two current ozone standards for which EPA 

has promulgated area designations. 

 Therefore, we propose to revise the boundaries of the 

South Coast and San Diego 1997 ozone air quality planning areas 

by removing the respective portions of the reservation included 

in those areas and designating the Pechanga Reservation as a 

separate nonattainment area for the 1997 ozone standard. This 

newly-established air quality planning area would retain its 

ozone nonattainment classification as “Severe-17” for the 1997 

ozone standard unless the EPA finalizes the action, proposed in 

section IV of this document, to redesignate this area to 

“attainment” for the 1997 ozone standard. Our technical support 

document (TSD) provides additional information concerning our 

rationale for today’s proposed revisions to Southern California 

ozone air quality planning area boundaries. 

III. Requirements for Redesignation 

In this section, we identify the procedural and substantive 

requirements for redesignation for the Pechanga-specific ozone 

nonattainment area we are proposing to establish in section II, 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

30 

and in section IV, we provide our evaluation of this proposed 

Pechanga-specific ozone nonattainment area for redesignation to 

attainment for the 1997 ozone standard.

A. Procedural Requirements 

One of the prerequisites for redesignation is approval of a 

maintenance plan meeting the requirements under CAA section 

175A. See CAA section 107(d)(3)(E)(iv). Such a maintenance plan 

constitutes a SIP when submitted by a state or a TIP when 

submitted by a tribe, and the CAA and EPA’s regulations include 

procedural requirements for such submittals. Specifically, 

section 110(a) of the Act requires tribes to provide reasonable 

notice and public hearing prior to adoption of TIPs or TIP 

revisions. EPA regulations at 40 CFR 51.102 contain additional 

specifications for public review of TIPs or TIP revisions 

including notice to the public by prominent advertisement in the 

affected area; an opportunity for a public hearing; and a 

minimum 30-day comment period and provisions for making the plan 

available for public inspection. 

On September 10, 2014, the Pechanga Tribe published a 

notice of the beginning of a public review period for the public 

draft Pechanga Ozone Maintenance Plan in The Press-Enterprise, a 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

31 

newspaper of general circulation in Riverside County. The notice 

also indicated where the public draft maintenance plan would be 

available for review and that a public hearing would be held on 

October 15, 2014, if requested. No request for a public hearing 

was made, and no comments were submitted. On October 21, 2014, 

the Tribe adopted the Pechanga Ozone Maintenance Plan, and on 

November 4, 2014, the Pechanga tribal council officially 

submitted the Pechanga Ozone Maintenance Plan to EPA as the 

Tribe’s TIP. 

As such, we find that the submittal of the Pechanga Ozone 

Maintenance Plan as a TIP satisfies the procedural requirements 

of section 110(a) of the Act and 40 CFR 51.102. 

B. Substantive Requirements 

The CAA establishes the requirements for redesignation of a 

nonattainment area to attainment. Specifically, section 

107(d)(3)(E) allows for redesignation provided that the 

following criteria are met: (1) the EPA determines that the area 

has attained the applicable NAAQS; (2) the EPA has fully 

approved the applicable implementation plan for the area under 

section 110(k); (3) the EPA determines that the improvement in 

air quality is due to permanent and enforceable reductions in 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

32 

emissions resulting from implementation of the applicable 

implementation plan, applicable federal air pollution control 

regulations, and other permanent and enforceable reductions; (4) 

the EPA has fully approved a maintenance plan for the area as 

meeting the requirements of CAA section 175A; and (5) the state 

or eligible tribe containing such area has met all requirements 

applicable to the area under section 110 and part D of the CAA. 

The EPA provided guidance on redesignations in a document 

titled, “State Implementation Plans; General Preamble for the 

Implementation of Title I of the Clean Air Act Amendments of 

1990,” published in the Federal Register on April 16, 1992 (57 

FR 13498), and supplemented on April 28, 1992 (57 FR 18070) 

(referred to herein as the “General Preamble”). Another relevant 

EPA guidance document includes “Procedures for Processing 

Requests to Redesignate Areas to Attainment,” Memorandum from 

John Calcagni, Director, Air Quality Management Division, EPA 

Office of Air Quality Planning and Standards, September 4, 1992 

(referred to herein as the “Calcagni memo”). 

For the reasons set forth below, we propose to approve the 

Pechanga Tribe’s request for redesignation of the Pechanga 

Reservation, proposed herein as a separate air quality planning 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

33 

area, to attainment for the 1997 ozone standard based on our 

conclusion that all of the criteria under CAA section 

107(d)(3)(E) have been satisfied. 

IV. Evaluation of the Pechanga Tribe’s Redesignation Request 

A. Determination that the Area Has Attained the Applicable NAAQS 

CAA section 107(d)(3)(E)(i) requires that we determine that 

the area has attained the NAAQS. The EPA generally makes the 

determination of whether an area’s air quality meets the ozone 

standard based upon the most recent three years of complete, 

certified, and quality-assured data gathered at established 

State and Local Air Monitoring Stations (SLAMS) in the 

nonattainment area and entered into the EPA Air Quality System 

(AQS) database. Data from air monitors operated by state/local 

agencies in compliance with EPA monitoring requirements must be 

submitted to AQS. Monitoring agencies annually certify that 

these data are accurate to the best of their knowledge. 

Accordingly, the EPA relies primarily on data in AQS when 

determining the attainment status of areas. See 40 CFR 50.10; 40 

CFR part 50, appendix I; 40 CFR part 53; 40 CFR part 58, 

appendices A, C, D and E. All data are reviewed to determine the 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

34 

area’s air quality status in accordance with 40 CFR part 50, 

appendix I. 

Under EPA regulations at 40 CFR part 50, the 1997 ozone 

standard is met at an ambient air quality monitoring site when 

the 3-year average of the annual fourth-highest daily maximum 8-

hour average ozone concentration is less than or equal to 0.08 

ppm. See 40 CFR 50.10; 40 CFR part 50, appendix I. This 3-year 

average is referred to as the design value. When the design 

value is less than or equal to 0.084 ppm (based on the rounding 

convention in 40 CFR part 50, appendix I) at each monitoring 

site within the area, then the area is attaining the NAAQS. The 

data completeness requirement is met when the three-year average 

percent of days with valid ambient monitoring data is at least 

90 percent of the days during the designated ozone monitoring 

season, and no single year has less than 75 percent data 

completeness as determined in appendix I of 40 CFR part 50. 

The Pechanga Tribe operates an ozone monitor at the 

reservation. In 2013, EPA conducted a technical systems audit 

and, as with any audit, EPA made a number of findings and 

recommendations to ensure compliance with EPA’s monitoring 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

35 

regulations in 40 CFR part 58.22 The Pechanga Tribe submits the 

ozone data that it collects to AQS; however, we are basing 

today’s proposed determination of attainment not on the data 

collected at the Pechanga monitor, but rather on the data from a 

monitoring site located adjacent to Skinner Reservoir, which is 

approximately 10 miles north of the Pechanga Reservation and 

which is operated by the SCAQMD (the “Temecula” monitoring 

site). We are doing so because the data from the Pechanga 

monitor over the past three calendar years does not meet our 

completeness criteria, and because the ozone data collected at 

SCAQMD’s Temecula site is complete and is representative of 

ozone conditions at the reservation.23 

With respect to its monitoring network, the SCAQMD submits 

monitoring network plan reports to EPA on an annual basis. These 

 

22 See letter from Deborah Jordan, Director, EPA Region IX Air Division, to 

Mark Macarro, Chairman, Pechanga Band of Luiseño Mission Indians, January 22, 

2014, and attachments. 

23 For 2011-2013, the Temecula monitor achieved only 89 percent completeness, 

which is less than the required three-year completeness requirement of 90 

percent. However, the EPA Region IX staff conducted a missing data analysis 

for the Temecula station in accordance with the requirements of 40 CFR 50 

Appendix I, Section 2.3(b) and concluded that it is appropriate to count the 

missing days towards meeting the minimum data completeness requirements 

because of concentrations measured at nearby monitors. Once the missing days 

are included, the EPA finds the ozone data from the Temecula station to be 

complete and valid for NAAQS comparison purposes. See the EPA staff 

memorandum to file titled “Temecula Missing Data Analysis for 2011-2013,” 

October 6, 2014. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

36 

reports discuss the status of the air monitoring network, as 

required under 40 CFR part 58. The EPA reviews these annual 

network plans for compliance with the applicable reporting 

requirements in 40 CFR 58.10. With respect to ozone, we have 

found that SCAQMD’s annual network plans meet the applicable 

requirements under 40 CFR part 58.24 Furthermore, we concluded in 

our Technical System Audit Report (Technical System Audit Report 

South Coast Air Quality Management District, 2013) that SCAQMD’s 

ambient air monitoring network currently meets or exceeds the 

requirements for the minimum number of monitoring sites 

designated as SLAMS for all of the criteria pollutants. Also, 

the SCAQMD annually certifies that the data it submits to AQS 

are complete and quality-assured.25 

Both the Pechanga site and SCAQMD’s Temecula site monitor 

ozone concentrations on a continuous basis using Federal 

Equivalent Method (FEM) monitors. The spatial scale of the 

Pechanga site is “neighborhood”, while the Temecula site is 

 

24 See, e.g., letter from Meredith Kurpius, Manager, Air Quality Analysis 

Office, EPA Region IX, to Dr. Matt Miyasato, Deputy Executive Officer, 

SCAQMD, dated September 30, 2014.

25 See, e.g., letter from Matt Miyasato, Ph.D., Deputy Executive Officer, 

SCAQMD, to Jared Blumenfeld, Regional Administration, EPA Region IX, dated 

June 27, 2014.
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

37 

“urban” scale. The site types are “general/background” 

(Pechanga) and “population exposure” (Temecula).26

As noted above, we reviewed the data from the Pechanga 

monitoring site and found it to be incomplete for the 2011-2013 

period; however, the data that is available for that period 

provides us with the basis for a comparison with Temecula site 

data to determine representativeness of the latter for 

establishing current ozone conditions at the reservation. Table 

1 summarizes the site-specific annual fourth-highest daily 

maximum 8-hour ozone concentrations and 3-year ozone design 

values for the Pechanga site and SCAQMD’s Temecula site for the 

period of 2011-2013. 

Table 1 – Fourth Highest 8-hour Ozone Concentrations at 

Temecula and Pechanga Monitors, 2011-2013, ppm 

 

Monitor Site code 2011 2012 2013 2011-2013 Design 

value 

Temecula 06-065-0016 0.082 0.077 0.074 0.077 

Pechanga 06-065-0009 0.071a 0.075 0.074 NC 

a Annual value does not meet completeness criteria. 

NC = Not calculated because of incomplete data. 

Source: AQS Data Summary Report, dated May 16, 2014. 

 

26 See AQS Monitor Description Report, May 16, 2014.
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

38 

As shown in table 1, a comparison of the 2012 and 2013 data 

from the Temecula site and the Pechanga site demonstrates that 

the former site is representative of conditions at the latter.27

The summary of data in table 1 also shows that the design value 

for the 2011-2013 period was less than 0.084 ppm at the Temecula 

site. Therefore, we are proposing to determine, based on 

complete, certified, and quality-assured data for 2011-2013 from 

the Temecula monitoring site, that the proposed Pechanga 

Reservation ozone nonattainment area has attained the 1997 ozone 

standard. Our review of preliminary 2014 data from both the 

Temecula and Pechanga sites indicates that the data remains 

consistent with continued attainment.28

 

27 In fact, the Pechanga data are consistently less than or equal to the 

Temecula and Lake Elsinore data for the 2011-2013 timeframe. See our 

technical support document for additional information related to the 

representativeness of the Temecula monitoring data as it relates to Pechanga 

air quality. 

28 See AQS Quicklook Report, dated November 6, 2014. At the Temecula station, 

available data for 2014 only includes the first quarter of the year (January 

through March). Based on that first quarter, the fourth-highest 8-hour ozone 

concentration so far in 2014 is 0.065 ppm. At the Pechanga station, two 

quarters of preliminary data for 2014 are available (i.e., January through 

June), and the fourth-highest 8-hour concentration at that station so far in 

2014 is 0.079 ppm. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

39 

B. The Area Must Have a Fully Approved Implementation Plan 

Meeting Requirements Applicable for Purposes of Redesignation 

Under Section 110 and Part D

Section 107(d)(3)(E)(ii) and (v) require the EPA to 

determine that the area has a fully approved applicable 

implementation plan under section 110(k) that meets all 

applicable requirements under section 110 and part D for the 

purposes of redesignation. In this context, the term “applicable 

implementation plan” refers to a TIP or a regulation promulgated 

by EPA under the Tribal Authority Rule (TAR) in 40 CFR part 49.29

1. Basic Implementation Plan Requirements Under CAA Section 110 

Section 110(a)(1) requires implementation plans to provide 

for the implementation, maintenance, and enforcement of the 

NAAQS. Section 110(a)(2) of title I of the CAA delineates the 

general requirements for such an implementation plan, including 

enforceable emissions limitations and other control measures, 

means, or techniques; provisions for the establishment and 

operation of appropriate devices necessary to collect data on 

ambient air quality; and programs to enforce the limitations. 

 

29 See CAA section 302(q). 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

40 

Section 110(a)(2)(D) requires that implementation plans 

contain certain measures to prevent sources in a state from 

significantly contributing to air quality problems in another 

state. To implement this provisions, the EPA has required 

certain states to establish programs to address the interstate 

transport of air pollutants. The section 110(a)(2)(D) 

requirements for a state are not linked with a particular 

nonattainment area’s designation and classification in that 

state. The EPA believes that the requirements linked with a 

particular nonattainment area’s designation and classification 

are the relevant measures to evaluate in reviewing a 

redesignation request. The transport implementation plan 

submittal requirements, where applicable, continue to apply to a 

state regardless of the designation of any one particular area 

in the state. Thus, the EPA does not believe that the CAA’s 

interstate transport requirements should be construed to be 

applicable requirements for purposes of redesignation. 

In addition, the EPA believes other section 110 elements 

that are neither connected with nonattainment plan submissions 

nor linked with an area’s attainment status are not applicable 

requirements for purposes of redesignation. The area will still 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

41 

be subject to these requirements after the area is redesignated. 

The section 110 and part D requirements which are linked with a 

particular area’s designation and classification are the 

relevant measures to evaluate in reviewing a redesignation 

request. This approach is consistent with the existing policy on 

applicability (i.e., for redesignations) of conformity and 

oxygenated rules requirements, as well as with section 184 ozone 

transport requirements. See Reading, Pennsylvania, proposed and 

final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 

24826, May 7, 1997); Cleveland-Akron-Loraine, Ohio, final 

rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida, final 

rulemaking at (60 FR 62748, December 7, 1995). See also the 

discussion of this issue in the Cincinnati, Ohio, redesignation 

(65 FR 37890, June 19, 2000), and in the Pittsburgh, 

Pennsylvania, redesignation (66 FR 50399, October 19, 2001). 

Furthermore, while the Act requires states to prepare 

implementation plans that meet all of the requirements of 

section 110 of the Act, including those requirements that the 

EPA would consider applicable for the purposes of redesignation, 

under EPA’s TAR, specific plan submittal and implementation 

deadlines for NAAQS-related requirements, including such 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

42 

deadlines in section 110(a)(1) do not apply. 40 CFR 49.4(a). 

Thus, an Indian tribe may choose not to adopt a TIP or may adopt 

TIP provisions that address only some elements of section 110, 

provided those elements are “reasonably severable,” from other 

elements not included in the TIP.30 The EPA may regulate emission 

sources that the Indian tribe chooses not to include in a TIP if 

the EPA determines such regulation is necessary or appropriate 

to adequately protect air quality.31 

In this instance, the Pechanga Tribe has not chosen to 

adopt a TIP that addresses any of the section 110 implementation 

plan elements and is not required to do so. The EPA has, 

however, previously determined that it is “necessary or 

appropriate” to establish regulations governing review and 

permitting of new or modified stationary sources in Indian 

country (i.e., “New Source Review” or NSR). These regulations 

apply in most Indian reservations, including the Pechanga 

Reservation, unless the EPA approves a tribal NSR implementation 

plan in which case the tribal NSR implementation plan replaces 

the EPA’s NSR rules that would otherwise apply. The EPA’s NSR 

 

30 40 CFR 49.7(c). 

31 40 CFR 49.11(a).
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

43 

rules apply within the Pechanga Reservation and satisfy the 

section 110 element found in CAA section 110(a)(2)(C) regarding 

regulation of new or modified stationary sources. The EPA has 

not determined that any other section 110 plan element is 

“necessary or appropriate” for the Pechanga Reservation, 

therefore, we find that the only requirement under CAA section 

110 applicable to the Pechanga air quality planning area is CAA 

section 110(a)(2)(C). Given that the EPA’s NSR rules addressing 

CAA section 110(a)(2)(C) are promulgated in final form, we 

propose to find that the proposed Pechanga Reservation air 

quality planning area meets the general implementation plan 

requirements under section 110 of the CAA, to the extent those 

requirements are applicable for the purposes of redesignation. 

2. Part D Requirements 

The CAA contains two sets of provisions, subparts 1 and 2, 

that address planning and emission control requirements for 

ozone nonattainment areas. Both of these subparts are found in 

title I, part D of the CAA; sections 171-179 and sections 181-

185, respectively. Subpart 1 contains general, less specific 

requirements for all nonattainment areas of any pollutant, 

including ozone, governed by a NAAQS. Subpart 2 contains 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

44 

additional, specific requirements for ozone nonattainment areas 

classified under subpart 2. 

The applicable subpart 1 requirements are contained in 

sections 172(c)(1)-(9) and 176 of the CAA. A thorough discussion 

of the requirements contained in section 172 can be found in the 

General Preamble for Implementation of Title I (57 FR 13498, 

April 16, 1992). 

With respect to the requirements under subpart 2, we note 

that, as discussed in more detail above, the Pechanga 

Reservation is subject to the requirements under subpart 2 of 

part D of the CAA for areas classified as “Severe-17” for the 

1997 ozone standard. See 75 FR 24409 (May 5, 2010). 

Additionally, under EPA’s anti-backsliding rules governing the 

transition from the now-revoked 1-hour ozone standard to the 

1997 8-hour ozone standard, the applicable requirements under 

the area’s classification under the 1-hour ozone standard 

continue to apply. In the case of the Pechanga Reservation, the 

“applicable requirements” for the 1-hour ozone standard are 

those that apply within “Extreme” ozone nonattainment areas 

because the Pechanga Reservation (i.e., the Riverside County 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

45 

portion of the reservation) was included in the South Coast 

“Extreme” 1-hour ozone nonattainment area. 

Under its longstanding interpretation of the CAA, the EPA 

has interpreted section 107(d)(3)(E) to mean, as a threshold 

matter, that the only part D provisions, which are “applicable” 

and which must be approved in order for EPA to redesignate an 

area, are those which came due prior to the submittal of a 

complete redesignation request. See the Calcagni memo; EPA 

memorandum titled “State Implementation Plan (SIP) Requirements 

for Areas Submitting Requests for Redesignation to Attainment of 

the Ozone and Carbon Monoxide (CO) National Ambient Air Quality 

Standards (NAAQS) on or after November 15, 1992,” from Michael 

Shapiro, Acting Assistant Administrator for Air and Radiation, 

dated September 17, 1993; 60 FR 12459, 12465-66 (March 7, 1995) 

(redesignation of Detroit-Ann Arbor, Michigan); 68 FR 25418, 

25424-25427 (May 12, 2003) (redesignation of St. Louis, 

Missouri); and Sierra Club v. EPA, 375 F.3d 537, 541 (7th Cir. 

2004) (upholding EPA’s redesignation rulemaking applying this 

interpretation). 

Section 107(d)(3)(E)(v) states that, for an area to be 

redesignated, a state must meet all requirements “applicable” to 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

46 

the area under section 110 and part D. Section 107(d)(3)(E)(ii) 

similarly provides that the EPA must have fully approved the 

“applicable” SIP for the area seeking redesignation. These two 

sections read together support the EPA’s interpretation of 

“applicable” as only those requirements that came due prior to 

submission of a complete redesignation request. First, holding 

states to an ongoing obligation to adopt new CAA requirements 

that arose after the state submitted its redesignation request, 

in order to be redesignated, would make it problematic or 

impossible for the EPA to act on redesignation request in 

accordance with the 18-month deadline Congress set for EPA 

action in section 107(d)(3)(D). If “applicable requirements” 

were interpreted to be a continuing flow of requirements with no 

reasonable limitation, states, after submitting a redesignation 

request, would be forced continuously to make additional SIP 

submissions that in turn would require the EPA to undertake 

further notice-and-comment rulemaking actions to act on those 

submissions. This would create a regime of unceasing rulemaking 

that would delay action on the redesignation request beyond the 

18-month timeframe provided by the Act for this purpose. 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

47 

Second, a fundamental premise for redesignating a 

nonattainment area to attainment is that the area has attained 

the relevant NAAQS due to emission reductions from existing 

controls. Thus, an area for which a redesignation request has 

been submitted would have already attained the NAAQS as a result 

of satisfying statutory requirements that came due prior to the 

submission of the request. Absent a showing that unadopted and 

unimplemented requirements are necessary for future maintenance, 

it is reasonable to view the requirements applicable for 

purposes of evaluating the redesignation request as including 

only those SIP requirements that have already come due. These 

are the requirements that led to attainment of the NAAQS. To 

require, for redesignation approval, that a state also satisfy 

additional SIP requirements unrelated to redesignation that come 

due after the state submits its complete redesignation request, 

and while the EPA is reviewing it, would compel the state to do 

more than is necessary to attain the NAAQS, without a showing 

that the additional requirements are necessary for maintenance. 

With regard to Indian tribes, the EPA notes that under the 

CAA and the TAR, tribes may, but are not required to, submit 

implementation plans to EPA for approval. The EPA has expressly 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

48 

exempted tribes from all plan submittal and implementation 

deadlines for NAAQS-related requirements. 40 CFR 49.4(a) 

(specific plan submittal and implementation deadlines listed as 

CAA provisions for which it is not appropriate to treat tribes 

in the same manner as states). The EPA, however, has authority 

under the TAR to implement such plan provisions as are necessary 

or appropriate to protect air quality where tribes do not do so. 

40 CFR 49.11. Thus, tribes are not required to submit plans 

addressing part D requirements, and under the EPA’s longstanding 

interpretation of section 107(d)(3)(E), there are no part D 

requirements that are applicable for the purposes of 

redesignation unless the EPA has deemed any such part D element 

to be “necessary or appropriate” under the TAR. In this case, 

the only part D element that EPA has deemed to be “necessary or 

appropriate” is the NSR program for major sources and major 

modifications in nonattainment areas generally, including the 

Pechanga Reservation, and EPA has promulgated the corresponding 

“major source” nonattainment NSR regulations at 40 CFR 49.166 

through 49.173. No other part D requirements are applicable for 

the purposes of evaluating the Pechanga Tribe’s redesignation 

request because no such requirement was due prior to submission 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

49 

of the Tribe’s redesignation request. Therefore, we find that 

the Pechanga area is subject to a major source nonattainment 

program promulgated by the EPA in 40 CFR part 49 to meet part D 

requirements on the Pechanga Reservation, and that no other part 

D requirements are applicable for the purposes of evaluating the 

Pechanga Tribe’s redesignation request because no such 

requirement has become due for the reservation. As such, we 

believe that the area has satisfied the redesignation criteria 

of CAA section 107(d)(3)(E)(v). 

C. The Area Must Show the Improvement in Air Quality Is Due to 

Permanent and Enforceable Emissions Reductions 

Section 107(d)(3)(E)(iii) precludes redesignation of a 

nonattainment area to attainment unless the EPA determines that 

the improvement in air quality is due to permanent and 

enforceable reductions in emissions resulting from 

implementation of the applicable implementation plan and 

applicable federal air pollution control regulations and other 

permanent and enforceable regulations. Attainment resulting from 

temporary reductions in emissions rates (e.g., reduced 

production or shutdown due to temporary adverse economic 

conditions) or unusually favorable meteorology would not qualify 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

50 

as an air quality improvement due to permanent and enforceable 

emission reductions. 

In 2004, the EPA included the Pechanga Reservation in the 

South Coast “Severe-17” nonattainment area for the 1997 8-hour 

ozone standard. See 69 FR 23858 (April 30, 2004), at 23882-

23884, and footnote “a” to the California ozone table at page 

23890. Our 2004 designations for the 1997 8-hour ozone standard 

were generally based on data from years 2001-2003. At that time, 

neither SCAQMD’s Temecula monitoring site nor the Pechanga 

monitoring site was operational, and the closest SCAQMD monitor 

to the Pechanga Reservation was located at SCAQMD’s Lake 

Elsinore ozone monitoring site. The Lake Elsinore site is 

approximately 20 miles northwest of the Pechanga Reservation, 

and in 2002, the design value there was 0.104 ppm. Ozone 

concentrations at the Pechanga Reservation are less than those 

monitored at Lake Elsinore, and thus, the design value at the 

Pechanga Reservation, if it had been monitored, would likely 

have been less than 0.104 ppm back in 2002. As discussed in 

section IV.A of this document, ambient ozone concentrations at 

the Pechanga Reservation have now achieved the 1997 ozone 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

51 

standard based on a design value for the 2011-2013 period of 

0.077 ppm. 

The improvement in ozone conditions at the Pechanga 

Reservation does not reflect emissions changes at Pechanga 

Reservation itself given the nature and magnitude of the few 

emitting sources at the reservation. Instead, the improvement 

reflects reductions in emissions of ozone precursors from 

sources, including stationary, mobile and area sources, in the 

South Coast. Reductions in South Coast emissions sources result 

in less ozone and ozone precursors being transported to the 

Pechanga Reservation from the north. 

The SCAQMD’s Final 2007 Air Quality Management Plan (June 

2007) (“2007 South Coast AQMP”) includes emissions estimates for 

the South Coast for a base year (2002) and a number of future 

years, including 2011 and 2014. We have used the estimates in 

the 2007 South Coast AQMP to develop 2012 emissions estimates 

for the South Coast, and based on a comparison between our 

estimates for 2012 and SCAQMD’s estimates for 2002, we find that 

emissions of VOC and NOx in the South Coast have decreased by 

approximately 34 percent over that time period. 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

52 

The significant reductions in VOC and NOx emissions that 

occurred from 2002 to 2012 in the South Coast largely reflect 

the impact of mobile source regulations and programs. More 

specifically, approximately 80 percent of the reduction in VOCs, 

and approximately 95 percent of the reduction in NOx, is due to 

reductions from emissions from on-road and nonroad vehicles. In 

California, both the California Air Resources Board (CARB) and 

the EPA regulate on-road and nonroad vehicles. As a general 

matter, the CARB establishes emissions standards and other 

related requirements for new on-road motor vehicles sold in 

California, and the EPA establishes such requirements for cars 

sold outside California. 

To enforce CARB motor vehicle standards, the CARB must 

first apply to the EPA for a waiver under CAA section 209(b). 

Once issued, the waiver provides the CARB with the authority to 

enforce the standards within California. The EPA has issued many 

such waivers [e.g., 68 FR 19811 (April 22, 2003)(EPA waiver for 

CARB’s LEV II regulations)] over the years to the CARB for its 

on-road motor vehicle standards. During most of the 2002-2012 

period, CARB’s low-emission vehicle (LEV) II standards applied 

to new on-road vehicles sold in California, and the phased 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

53 

replacement of older more polluting vehicles with newer vehicles 

meeting LEV II standards explains much of the reduction in 

emissions in the South Coast from on-road vehicles during this 

period. We consider CARB’s on-road motor vehicle regulations 

such as the LEV II standards for which the EPA has issued 

waivers under CAA section 209(b) as providing “other permanent 

and enforceable reductions” for the purposes of the 

redesignation criterion in CAA section 107(d)(3)(E)(iii). Also, 

vehicles sold outside of California also affect air quality 

within the state, and with respect to those vehicles, the EPA’s 

increasingly stringent motor vehicle standards achieved emission 

reductions of ozone precursors over the 2002-2012 period. 

CAA section 209(e) establishes a process, similar to the 

waiver process described above for new motor vehicles under 

section 209(b), under which the CARB must seek authorization 

from the EPA to enforce emissions standards and other related 

requirements for nonroad vehicles. Over the years, the EPA has 

issued many such authorizations providing the CARB with the 

authority to enforce its nonroad vehicle standards in 

California. See, e.g., 71 FR 29623 (May 23, 2006)(EPA 

authorization of CARB’s large off-road spark ignition engine 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

54 

standards); 71 FR 75536 (December 15, 2006)(EPA authorization of 

CARB’s small off-road engine regulations). Over the 2002-2012 

period, CARB’s nonroad vehicle standards achieved significant 

emissions reductions from the nonroad vehicle source category 

throughout California. Like CARB’s on-road motor vehicle 

standards, we also consider CARB’s nonroad vehicle standards for 

which the EPA has issued authorizations as providing “other 

permanent and enforceable reductions” for the purposes of the 

redesignation criterion in CAA section 107(d)(3)(E)(iii). Also, 

the EPA established emission standards and related requirements 

for certain classes of equipment for which states, including 

California, are preempted, such as locomotives and certain types 

of agricultural and construction equipment. See CAA section 

209(e)(1). Such EPA standards also achieved emissions reductions 

in the South Coast during the 2002-2012 period and incrementally 

contributed to the improvement of ozone conditions at the 

Pechanga Reservation. 

In addition to vehicle standards, California has also 

established more stringent gasoline and diesel fuel 

requirements, more stringent vapor recovery requirements, and 

more stringent vehicle inspection and maintenance requirements 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

55 

that have reduced emissions of ozone precursors in the South 

Coast. As a general matter, such requirements are not subject to 

the waiver or authorization process in CAA section 209. Instead, 

the CARB submits the regulations establishing such requirements 

to the EPA as a revision to the California SIP. Once approved by 

the EPA, such regulations become federally enforceable. The EPA 

most recently approved California clean fuels (gasoline and 

diesel) at 75 FR 26653 (May 12, 2010); enhanced vapor recovery 

at 78 FR 21542 (April 11, 2013)(SCAQMD Rule 461 requiring CARBcertified equipment) and 64 FR 39037 (July 21, 1999)(SCAQMD Rule 

462 requiring CARB-certified equipment); and I/M at 75 FR 38023 

(July 1, 2010). Though such state regulations do not apply on 

the Pechanga Reservation, these requirements have provided 

significant emissions reductions in areas upwind of the Pechanga 

Reservation during the 2002-2012 period and are considered as 

“other permanent and enforceable reductions” for the purposes of 

the redesignation criterion in CAA section 107(d)(3)(E)(iii). 

Given the regulatory initiatives implemented during the 

2002-2012 period and summarized above, we find that the 

improvement in air quality since 2002 may reasonably be 

attributed to the initiatives and is not a result of an economic 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

56 

downturn or unusual or extreme weather patterns. We do recognize 

that a significant economic slowdown occurred nationally 

starting in 2008, but we note that the downward trend in VOC and 

NOX emissions had already been established before that time.32 

We also considered temperature data for the 1994-2013 

period.33 The data indicate that the 2011-2013 attainment period 

was slightly warmer than the long-term average. In addition, 

there were ten previous three-year periods since 1993 that were 

at least as cool or cooler than the 2011-2013 period, but that 

also had 8-hour ozone design values above the 1997 ozone 

standard. Thus, the temperature records support the conclusion 

that attainment did not result from unusually favorable 

meteorology during 2011-2013. 

Based on the above analysis, we find that the improvement 

in air quality at the Pechanga Reservation is the result of 

permanent and enforceable emissions reductions from applicable 

federal air pollutant control regulations, particularly those 

associated with on-road and nonroad vehicles, and other 

 

32 Between 2002 and 2005, VOC and NOx emissions in the South Coast decreased 

approximately 27 percent and 21 percent respectively, based on baseline 

emissions estimates in appendix II to the South Coast 2007 AQMP. 

33 See table 4-2 of the Pechanga Ozone Maintenance Plan. 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

57 

permanent and enforceable reductions from upwind sources 

resulting from CARB and SCAQMD regulations, particularly CARB 

regulations establishing increasingly stringent standards for 

new on-road and nonroad vehicles, tighter specifications for 

gasoline and diesel fuel, enhanced vapor recovery, and vehicle 

I/M programs. As such, we propose to find that the criterion for 

redesignation set forth at CAA section 107(d)(3)(E)(iii) is 

satisfied. 

D. The Area Must Have a Fully Approved Maintenance Plan Under 

CAA Section 175A 

Section 175A of the CAA sets forth the elements of a 

maintenance plan for areas seeking redesignation from 

nonattainment to attainment. We interpret this section of the 

Act to require, in general, the following core elements: 

attainment inventory, maintenance demonstration, monitoring 

network, verification of continued attainment, and contingency 

plan. See Calcagni memo, pages 8 through 13. Under CAA section 

175A, a maintenance plan must demonstrate continued attainment 

of the applicable NAAQS for at least ten years after the EPA 

approves a redesignation to attainment. 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

58 

To address the possibility of future NAAQS violations, the 

maintenance plan must contain such contingency provisions, that 

the EPA deems necessary, to promptly correct any violation of 

the NAAQS that occurs after redesignation of the area to 

attainment. Based on our review and evaluation of the plan, as 

detailed below, we are proposing to approve the Pechanga Ozone 

Maintenance Plan because we believe that it meets the 

requirements of CAA section 175A. 

1. Attainment Inventory 

A maintenance plan for the 1997 8-hour ozone standard must 

include an inventory of emissions of ozone precursors (VOC and 

NOX) in the area to identify a level of emissions that are 

sufficient to attain the 1997 ozone standard. This inventory 

must be consistent with the EPA’s most recent guidance on 

emissions inventories for nonattainment areas available at the 

time and should represent emissions during the time period 

associated with the monitoring data showing attainment. The 

inventory must also be comprehensive, including emissions from 

stationary, area, nonroad mobile, and on-road mobile sources, 

and must be based on actual “ozone season data” (i.e., 

summertime) emissions. 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

59 

The Pechanga Tribe selected year 2012 as the year for the 

attainment inventory in the Pechanga Ozone Maintenance Plan. The 

attainment inventory will generally be the actual inventory 

during the time period the area attained the standard. Thus, the 

Pechanga Tribe’s selection of 2012 for the attainment inventory 

is acceptable. 

The Pechanga Ozone Maintenance Plan estimates current 

(2012) summer day emissions of 0.013 tons per day (tpd) of VOC 

and 0.029 tpd of NOx. These estimates are consistent with the 

EPA’s own estimates discussed in section II.B of this document 

of 5.8 tons per year of VOC (i.e. 0.016 tpd annual average) and 

10.7 tpy of NOx (i.e., 0.029 tpd annual average) given the 

differences between seasonal values and annual values. More 

important, however, from the standpoint of establishing an 

emissions level consistent with attainment of the 1997 8-hour 

ozone standard at the Pechanga Reservation, is the summer-day 

average emissions in 2012 within the South Coast given the 

importance of transport to ozone conditions at the reservation. 

The Pechanga Ozone Maintenance Plan includes estimates for 2012 

South Coast summer-day average emissions of approximately 500 

tpd of VOC and 490 tpd of NOx. The Tribe’s source for this 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

60 

information is the latest emissions data available from CARB’s 

website. 

The EPA also estimated 2012 South Coast emissions, but 

relied on a different data source: the 2012 South Coast Final 

Air Quality Management Plan (2012 South Coast AQMP). We relied 

on the 2012 South Coast AQMP because we recently approved the 

ozone portion of that plan, 79 FR 52526 (September 3, 2014), 

and in so doing, found the emissions inventories to be 

comprehensive, to reflect appropriate emissions calculation 

methods and the latest planning assumptions. See 79 FR 29712, at 

29717 (May 23, 2014)(proposed approval of ozone portion of 2012 

South Coast AQMP). Based on interpolation of emissions estimates 

for 2008 and 2014 contained in the 2012 South Coast AQMP, we 

calculate 2012 South Coast summer-day average emissions to be 

approximately 540 tpd of VOC and 560 tpy of NOx, which are 

reasonably consistent with the corresponding estimates included 

in the Pechanga Ozone Maintenance Plan. 

2. Maintenance Demonstration 

CAA section 175A(a) requires that the maintenance plan 

“provide for the maintenance of the national primary ambient air 

quality standard for such air pollutant in the area concerned 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

61 

for at least 10 years after the redesignation.” Generally, a 

state may demonstrate maintenance of the 1997 ozone standard by 

either showing that future emissions will not exceed the level 

of the attainment year inventory or by modeling to show that the 

future mix of sources and emissions rates will not cause a 

violation of the NAAQS. For areas that are required under the 

Act to submit modeled attainment demonstrations, the maintenance 

demonstration should use the same type of modeling. See Calcagni 

memo, page 9. The Pechanga Reservation 8-hour area was not 

required to submit a modeled attainment demonstration, and thus, 

the Pechanga Ozone Maintenance Plan may demonstrate maintenance 

based on a comparison of existing and future emissions of ozone 

precursors.34 

In addition to the 2012 attainment inventory described 

above, the Pechanga Ozone Maintenance Plan also includes 

emissions inventories for 2015, 2020, and 2025. With respect to 

reservation-specific sources, the Pechanga Ozone Maintenance 

Plan projects that emissions will remain relatively constant 

from emissions sources at the reservation over the maintenance 

 

34 A maintenance demonstration need not be based on ozone modeling. See Wall

v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 FR 53094, at pages 53099-

53100 (October 19, 2001), and 68 FR 25413, pages 25430-25432 (May 12, 2003). 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

62 

period (i.e., through 2025). Relying on CARB emissions data, the 

Pechanga Ozone Maintenance Plan predicts that South Coast 

emissions will decrease over the period 2012-2025. The EPA has 

also calculated South Coast emissions for future years 2015, 

2020, and 2025 but relied upon the emissions inventories in the 

2012 South Coast AQMP (and interpolation methods) to do so.35

These various emissions estimates are summarized in table 2 

below. 

Table 2 — Ozone Precursor Emissions Estimates for Pechanga 

Reservation and South Coast, 2012, 2015, 2020 and 2025 

 (summer-day average, tons per day) 

Ozone 

Precursor 2012 2015 2020 2025 

Pechanga Reservation (Based on data as shown in Maintenance 

Plan): 

VOC 0.013 0.013 0.012 0.011

NOx 0.029 0.029 0.028 0.028

South Coast (Based on CARB data as shown in Maintenance Plan 

rounded to the nearest 10 tons): 

VOC 500 460 420 410

NOx 490 430 340 280

South Coast (Based on 2012 South Coast AQMP data rounded to the 

nearest 10 tons): 

VOC 540 480 450 440

NOx 560 470 370 310

 

35 The South Coast 2012 AQMP future-year estimates were derived using the 

emissions from the 2008 base year; expected controls after implementation of 

SCAQMD rules adopted by June 2012, and CARB rules adopted as of August 2011; 

and activity growth in various source categories between the base and future 

years. See page 3-20 of the 2012 South Coast AQMP. 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

63 

As shown in table 2, Pechanga Reservation and South Coast 

emissions of ozone precursors are expected to decrease from 

attainment year (2012) levels through the maintenance period 

(i.e., through 2025) and thereby adequately demonstrate 

maintenance of the 1997 8-hour ozone standard at the Pechanga 

Reservation through at least a 10-year period beyond 

redesignation. 

3. Monitoring Network 

Continued ambient monitoring of an area is generally 

required over the maintenance period. As discussed elsewhere in 

this document, ozone is currently monitored by the SCAQMD and 

the Pechanga Tribe at two sites within or near the Pechanga 

Reservation. While today’s determination of attainment is based 

on data from SCAQMD’s Temecula monitoring site, the ozone 

monitor operated by the Tribe is the one that we expect to be 

used to verify maintenance of the 1997 8-hour ozone standard 

through the maintenance period. In the Pechanga Ozone 

Maintenance Plan, the Tribe commits to continue operating the 

ambient ozone monitoring network, quality assuring the resulting 

monitoring data, and entering all data into the AQS in 

accordance with federal requirements and guidelines to verify 
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accuracy of this version, but it is not the official version. 

64 

continued attainment of the 1997 8-hour ozone NAAQS. See page 36 

of the Pechanga Ozone Maintenance Plan. We find the Tribe’s 

commitment for continued ambient ozone monitoring as set forth 

in its maintenance plan to be acceptable. 

4. Verification of Continued Attainment 

The EPA and the Pechanga Tribe have the legal authority to 

implement and enforce the requirements of the Pechanga Ozone 

Maintenance Plan.36 This includes the authority to adopt, 

implement and enforce any emission control contingency measures 

determined to be necessary to correct violations of the 1997 8-

hour ozone standard. To verify continued attainment, as noted 

above, the Tribe commits to the continued operation of an ozone 

monitoring network in accordance with federal requirements and 

guidelines to verify continued attainment of the 1997 ozone 

standard. The Pechanga Tribe also commits to annually reviewing 

ozone monitoring data from the three most recent, consecutive 

years to verify continued attainment of the 1997 ozone standard 

 

36 As noted previously, the EPA recently determined that the Tribe is eligible 

for treatment in the same manner as a state (“TAS”) for purposes of CAA 

sections 110 and 175A and the submitted maintenance plan. In so doing, the 

EPA determined that the Tribe can reasonably be expected to be capable of 

carrying out the functions of the maintenance plan. 40 CFR 49.6(d). 
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Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

65 

through the maintenance period. See page 36 of the Pechanga 

Ozone Maintenance Plan. 

Generally, we expect states or tribes with maintenance 

areas to verify continued attainment by other means as well, 

such as preparing updated emissions inventories for the area to 

allow for a comparison with the inventories prepared for the 

maintenance plan. However, in this instance, maintenance of the 

standard does not depend upon emissions generated by sources 

within the area proposed for redesignation, but rather upon the 

emissions generated upwind. Therefore, we find acceptable the 

Tribe’s monitoring-only-based approach to verification of 

continued attainment. 

5. Contingency Provisions 

Section 175A(d) of the Act requires that maintenance plans 

include contingency provisions, as the EPA deems necessary, to 

promptly correct any violations of the NAAQS that occur after 

redesignation of the area to attainment. Such provisions must 

include a requirement that the state will implement all measures 

with respect to the control of the air pollutant concerned which 

were contained in the SIP for the area before redesignation of 

the area as an attainment area. 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

66 

Under section 175A(d), contingency measures identified in 

the contingency plan do not have to be fully adopted at the time 

of redesignation. However, the contingency plan is considered to 

be an enforceable part of the SIP or TIP and should ensure that 

the contingency measures are adopted expeditiously once they are 

triggered by a specified event. The maintenance plan should 

clearly identify the measures to be adopted, a schedule and 

procedure for adoption and implementation, and a specific 

timeline for action by the state or tribe. As a necessary part 

of the plan, the state or tribe should also identify specific 

indicators or triggers, which will be used to determine when the 

contingency measures need to be implemented. 

As required by section 175A of the CAA, the Pechanga Tribe 

has adopted a contingency plan to address possible future ozone 

air quality problems. See section 5.7 of the Pechanga Ozone 

Maintenance Plan. The Tribe’s contingency plan includes both a 

specific contingency measure that has already been adopted and 

is being implemented early37 and a mechanism to trigger the 

adoption of additional measures as needed. 

 

37 The Tribe followed the August 13, 1993 EPA guidance memorandum titled 

“Early Implementation of Contingency Measures for Ozone and Carbon Monoxide 

(CO) Nonattainment Areas.” 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

67 

Given that emissions generated on the reservation have 

little or no effect on ozone conditions at the reservation 

itself, the Pechanga Ozone Maintenance Plan reasonably looks to 

emissions-reduction strategies to be implemented upwind of the 

reservation, and one such program, CARB’s Advanced Clean Cars 

Program (ACCP), is the specific contingency measure cited in the 

maintenance plan. Because CARB regulations, including the ACCP, 

do not apply on the reservation, the ACCP does not qualify as a 

contingency measure for the Pechanga Ozone Maintenance Plan. 

However, as described below, we find that the ACCP will provide 

additional emissions reductions in the South Coast and thereby 

provide sufficient protection of ozone conditions at the 

reservation to justify the lack of specific contingency measures 

to be implemented by the Tribe in the wake of a monitored ozone 

violation at the reservation. 

The ACCP, adopted by CARB in 2012, will progressively 

tighten emissions control requirements for new motor vehicles 

sold in California from model years 2015 through 2025.38 While 

the emission benefits from the ACCP are not expected to be fully 

 

38 On January 9, 2013, EPA approved CARB’s request for a waiver of preemption 

under section 209(b) for its ACCP regulations. See 78 FR 2112.
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

68 

realized until the 2035-2040 timeframe, the CARB estimates that 

statewide emissions of VOC and NOx will be reduced by 3 percent 

and 12 percent, respectively, by 2025 due to the ACCP. As such, 

the ACCP will provide additional emissions reductions in the 

South Coast through the maintenance period and thereby decrease 

the chance that a monitored violation will occur at the Pechanga 

Reservation. Moreover, the additional emissions reductions from 

the ACCP are surplus to those included in the baseline emissions 

estimates upon which the maintenance demonstration relies. 

The Pechanga Tribe also commits to annually review ozone 

monitoring data from the three most recent, consecutive years to 

verify continued attainment of the 1997 ozone standard through 

the maintenance period. In the event of a monitored violation of 

the 1997 8-hour ozone standard, the Tribe commits to work with 

the EPA to identify, adopt, and implement any additional 

necessary and appropriate measure(s) needed to promptly correct 

the violation. 

Based upon our review of the plan, as summarized above, we 

conclude that the contingency provisions of the Pechanga Ozone 

Maintenance Plan comply with section 175A(d) of the Act. 

V. Summary of Proposed Action and Request for Public Comment 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

69 

Under CAA sections 107(d)(3), the EPA is proposing to 

revise the boundaries of the South Coast and San Diego County 

air quality planning areas for the 1997 ozone standard to 

designate the Pechanga Reservation as a separate nonattainment 

area for the 1997 ozone standard. We are proposing to do so 

based on our conclusion that factors such as air quality data, 

meteorology, and topography do not definitively support 

inclusion of the reservation in either the South Coast or the 

San Diego County air quality planning areas, that emissions 

sources at the Pechanga Reservation contribute minimally to 

regional ozone concentrations, and that the jurisdictional 

boundaries factor should be given particular weight under these 

circumstances. If finalized as proposed, the Pechanga air 

quality planning area for the 1997 ozone standards would have 

the same boundaries as the Pechanga nonattainment area for the 

2008 ozone standard. Unless the EPA finalizes its redesignation 

of the area to attainment for the 1997 ozone standard, also 

proposed herein, the area would retain its current 

classification of “Severe-17” for the 1997 ozone standard. 

Under CAA sections 110(k), 110(o), and 301(d), the EPA is 

also proposing to approve the Pechanga Ozone Maintenance Plan, 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

70 

submitted by the Tribe on November 4, 2014, as the Tribe’s TIP 

for maintaining the 1997 ozone standard within the Pechanga 

Reservation for ten years beyond redesignation, because it meets 

the requirements for maintenance plans under CAA section 175A. 

Lastly, under CAA section 107(d)(3), and based in part on 

the proposed approval of the Pechanga Ozone Maintenance Plan, 

the EPA is proposing to grant a request from the Tribe to 

redesignate the newly-established Pechanga Reservation ozone air 

quality planning area to attainment for the 1997 ozone standard 

because the request meets the statutory requirements for 

redesignation under the Clean Air Act. 

If finalized as proposed, the requirements that had applied 

to the Pechanga Reservation by virtue of its inclusion in the 

South Coast “Extreme” ozone nonattainment area for the 1-hour 

ozone standard would no longer apply, nor would the requirements 

that had applied to the reservation by virtue of its designation 

as “Severe-17” for the 1997 ozone standard. The requirements 

that would no longer apply include, among others, the NNSR major 

source threshold of 10 tpy for ozone precursor emissions in 

“Extreme” ozone nonattainment areas. New or modified stationary 

sources proposed at the Pechanga Reservation would remain 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

71 

subject to major source nonattainment NNSR, however, by virtue 

of the reservation’s classification as a “Moderate” ozone 

nonattainment area for the 2008 ozone standard. The NNSR major 

source threshold in “Moderate” ozone nonattainment areas is 100 

tpy. 

In addition, if finalized as proposed, the EPA would 

withdraw our proposal to reclassify the Pechanga Reservation as 

“Extreme” for the 1997 8-hour ozone NAAQS at 74 FR 43654 (August 

27, 2009). In so doing, we would resolve the action that we 

deferred in 2010 [75 FR 24409 (May 5, 2010)] when we 

reclassified the rest of the South Coast, as then defined and 

with the exception of two reservations, as “Extreme” for that 

standard. 

In concluding that it is appropriate to propose approval of 

the tribe’s requests for boundary changes and designation to 

attainment for the 1997 ozone NAAQS, the EPA relies heavily on 

the obvious fact that this is a request from a federally 

recognized tribal government. The tribe has been determined 

previously to qualify for TAS, and the lands under consideration 

here are subject to EPA’s Tribal Designations Policy. EPA finds 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

72 

that the tribe has met all applicable requirements of that 

policy. 

EPA also relies on the facts that there are valid 

monitoring data showing that current air quality at the Pechanga 

Reservation meets the 1997 ozone standard and that the emissions 

from tribal lands here are extremely small and do not contribute 

in any meaningful way to any nearby ozone nonattainment area. 

Finally, the EPA notes that today’s action to establish a 

separate air quality planning area, if finalized, would simplify 

implementation of the ozone standards by eliminating the 

presence of two different planning areas for the same criteria 

pollutant, ozone. This separate treatment of the Pechanga 

Reservation is consistent with EPA’s prior actions to reclassify 

the South Coast ozone nonattainment area in 2010, and to 

establish a separate ozone nonattainment area for the 2008 ozone 

standard in 2012. In summary, the proposed changes in the 

boundaries and the status of this area are supported by several 

unique factors described in this notice that are unlikely to be 

present in other nonattainment areas. 

The EPA is soliciting public comments on the issues 

discussed in this document and will accept comments for the next 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

73 

30 days. These comments will be considered before taking final 

action. 

VI. Statutory and Executive Order Reviews 

Under the CAA, redesignation of an Indian reservation air 

quality planning area to attainment and the accompanying 

approval of a maintenance plan under section 107(d)(3)(E) are 

actions that affect the status of a geographical area and do not 

impose any additional regulatory requirements on sources beyond 

those imposed by the TIP. Redesignation to attainment does not 

in and of itself create any new requirements, but rather results 

in the applicability of requirements contained in the CAA for 

areas that have been redesignated to attainment. Moreover, under 

circumstances where a tribe is determined as eligible for TAS 

for the purposes of section 110 with respect to a given TIP, the 

Administrator is required to approve a TIP submission that 

complies with the provisions of the Act and applicable Federal 

regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 

reviewing TIP submissions, the EPA’s role is to approve tribal 

choices, provided that they meet the criteria of the Clean Air 

Act. Accordingly, these actions merely propose to approve a 

tribal plan and redesignation request as meeting Federal 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

74 

requirements and do not impose additional requirements beyond 

those imposed by tribal law. For these reasons, these proposed 

actions: 

· Are not a “significant regulatory action” subject to review 

by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993); 

· Do not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U.S.C. 3501 

et seq.); 

· Are certified as not having a significant economic impact 

on a substantial number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 et seq.); 

· Do not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); 

· Do not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999); 

· Are not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997); 
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

75 

· Are not a significant regulatory action subject to 

Executive Order 13211 (66 FR 28355, May 22, 2001); 

· Are not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the CAA; and 

· Do not provide the EPA with the discretionary authority to 

address disproportionate human health or environmental 

effects with practical, appropriate, and legally 

permissible methods under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

In addition, given the nature of these proposed actions, we 

presume that the proposed actions would have “tribal 

implications” as specified by Executive Order 13175 (65 FR 

67249, November 9, 2000), with respect to the Pechanga Tribe. 

However, the proposed actions would not impose substantial 

direct compliance costs or preempt tribal law. Moreover, these 

proposed actions respond directly to specific requests submitted 

by the affected tribe and follow from extensive coordination and 

consultation between representatives of the Pechanga Tribe and 

the EPA about these and other related matters.
This document is a prepublication version, signed by Alexis Strauss, Acting Regional 

Administrator, EPA Region 9 on December 23, 2014. We have taken steps to ensure the 

accuracy of this version, but it is not the official version. 

76 

List of Subjects 

40 CFR Part 49 

Environmental protection, Air pollution control, 

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting 

and recordkeeping requirements, Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air pollution control, 

Intergovernmental relations, National parks, Ozone, Wilderness 

areas. 

December 23, 2014. /s/ 

Dated: Alexis Strauss, 

Acting Regional Administrator, 

EPA Region 9.