436 Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Proposed Rules 

make appropriate adjustments in the 

housing assistance payment in 

accordance with § 982.505. 

* * * * * 

■ 37. Amend § 982.517 as follows: 

■ a. Capitalize the first word in 

paragraph (b)(2)(i); 

■ b. Revise paragraph (b)(3); 

■ c. In paragraph (c)(1), capitalize the 

first word and remove the word ‘‘PHAs’’ 

and add in its place the word ‘‘has’’; 

■ d. Redesignate paragraph (c)(2) as 

paragraph (c)(3) and add a new 

paragraph (c)(2); and 

■ e. Revise paragraph (d). 

The revisions read as follows: 

§ 982.517 Utility allowance schedule. 

* * * * * 

(b) * * * 

(3) The cost of each utility and 

housing service category must be stated 

separately. For each of these categories, 

the utility allowance schedule must take 

into consideration unit size (by number 

of bedrooms) and unit type (e.g., 

apartment, row-house, town house, 

single-family detached, and 

manufactured housing). At the PHA’s 

discretion, ‘‘unit type’’ may consider 

solely whether the unit is ‘‘attached’’ or 

‘‘detached.’’ 

* * * * * 

(c) * * * 

(2) In the event that the utility 

allowance to be used in calculating the 

housing assistance payment provided 

on behalf of a participant decreases 

based solely on a PHA opting to 

determine unit type based solely on 

whether a unit is ‘‘attached’’ or 

‘‘detached,’’ the PHA must provide at 

least 60 days notice to the participant 

prior to the revised utility allowance 

taking effect. 

* * * * * 

(d) Use of utility allowance schedule. 

(1) The PHA must use the appropriate 

utility allowance for the lesser of the 

size of dwelling unit actually leased by 

the family or the family unit size as 

determined under the PHA subsidy 

standards. In cases where the unit size 

leased exceeds the family unit size as 

determined under the PHA subsidy 

standards as a result of a reasonable 

accommodation, the PHA must use the 

appropriate utility allowance for the 

size of the dwelling unit actually leased 

by the family. 

(2) At reexamination, the PHA must 

use the PHA current utility allowance 

schedule, provided the PHA is able to 

provide a family with at least 60 days’ 

notice prior to such reexamination. A 

PHA may comply with this 60-day 

notice requirement by means of an 

interim reexamination. 

* * * * * 

PART 983—PROJECT–BASED 

VOUCHER (PBV) PROGRAM 

■ 38. The Authority citation for part 983 

continues to read as follows: 

Authority: 42 U.S.C. 1437f and 3535(d). 

§ 983.2 [Amended] 

■ 39. In § 983.2 amend paragraph (c)(4) 

by removing the citation ‘‘§ 982.406’’ 

and adding in its place ‘‘§ 982.407’’. 

■ 40. In § 983.103, revise paragraph (d) 

and add paragraph (g) to read as follows: 

§ 983.103 Inspecting Units. 

* * * * * 

(d) Biennial inspections. (1) At least 

biennially during the term of the HAP 

contract, the PHA must inspect a 

random sample, consisting of at least 20 

percent of the contract units in each 

building to determine if the contract 

units and the premises are maintained 

in accordance with the HQS. Turnover 

inspections pursuant to paragraph (c) of 

this section are not counted toward 

meeting this inspection requirement. 

(2) If more than 20 percent of the 

biennial sample of inspected contract 

units in a building fail the initial 

inspection, the PHA must reinspect 100 

percent of the contract units in the 

building. 

(3) A PHA may also use the 

procedures applicable to HCV units in 

24 CFR 982.406. 

* * * * * 

(g) Mixed-Finance Properties. In the 

case of a property assisted with projectbased vouchers (authorized at 42 U.S.C. 

1437f(o)(13)) that is subject to 

inspection under the LIHTC or HOME 

program or as a result of an FHAinsured mortgage, the PHA may rely 

upon inspections conducted at least 

triennially to demonstrate compliance 

with the inspection requirement of 24 

CFR 982.405(a). 

PART 990—THE PUBLIC HOUSING 

OPERATING FUND PROGRAM 

■ 41. The Authority citation for part 990 

continues to read as follows: 

Authority: 42 U.S.C. 1437g; 42 U.S.C. 

3535(d). 

■ 42. In § 990.150 revise paragraph (a) to 

read as follows: 

§ 990.150 Limited vacancies. 

(a) Operating subsidy for a limited 

number of vacancies. HUD shall pay 

operating subsidy for a limited number 

of vacant units under an ACC. The 

limited number of vacant units shall be 

equal to or less than 3 percent of the 

unit months on a project-by-project 

basis based on the definition of a project 

under subpart H of this part (provided 

that the number of eligible unit months 

shall not exceed 100 percent of the unit 

months for a project), beginning July 1, 

2014. 

* * * * * 

Dated: December 22, 2014. 

Jemine A. Bryon, 

Acting Assistant Secretary for Public and 

Indian Housing. 

Biniam T. Gebre, 

Acting Assistant Secretary for HousingFederal Housing Commissioner. 

Clifford Taffet, 

General Deputy Assistant Secretary for 

Community Planning and Development. 

[FR Doc. 2014–30504 Filed 1–5–15; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 49 and 81 

[EPA–R09–OAR–2014–0869; FRL–9921–35– 

Region–9] 

Approval of Tribal Implementation Plan 

and Designation of Air Quality 

Planning Area; Pechanga Band of 

Luisen ̃o Mission Indians 

AGENCY: Environmental Protection 

Agency. 

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 

Luisen ̃ o 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 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 February 5, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2014–0869, by one of the 

following methods: 


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1See EPA’s 2008 8-hour ozone standard 

designations Technical Support Document (TSD) 

found at http://www.epa.gov/groundlevelozone/

designations/2008standards/documents/R9_CA_

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). 3Letter from Jared Blumenfeld, Regional 

Administrator, EPA Region IX, to Mark Macarro, 

Tribal Chairman, Pechanga Tribe, dated July 23, 

2013. 4Letter from Jared Blumenfeld, Regional 

Administrator, EPA Region IX, to Mark Macarro, 

Tribal Chairman, Pechanga Tribe, dated December 

4, 2014. 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: 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 

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 email. 

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 

email directly to EPA, your email 

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. 

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 Luisen ̃ o 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 

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 

VI. Statutory and Executive Order Reviews 

I. Background 

A. Pechanga Band of Luisen ̃ o Mission 

Indians of the Pechanga Reservation 

The Pechanga Band of Luisen ̃ o 

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 

Luisen ̃o 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 Reservation is 

located north of the Riverside CountySan 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 

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, 


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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. 

6Area designations and classifications are 

codified in 40 CFR part 81; area designations and 

classifications for California are codified at 40 CFR 

81.305. 

7The 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. 

8With 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. 

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 through the same.’’ 

10We deferred final action to complete our review 

of boundary change requests we had received from 

the two tribes. With respect to the Pechanga Tribe, 

this proposed boundary change constitutes the 

EPA’s response to its request. 

carbon monoxide, nitrogen dioxide, 

sulfur dioxide, particulate matter, and 

lead. 

In 1979, the EPA promulgated the first 

ozone 5 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’’). This 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 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 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 AngelesSouth 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 ‘‘Severe17’’ nonattainment area.8 See 69 FR 

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 ‘‘antibacksliding’’ 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 country 9 within 

the 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 this 

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 

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). 


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11See letter from Mark Macarro, Tribal Chairman, 

Pechanga Tribe, to Deborah Jordan, Director, Air 

Division, EPA Region IX, dated June 23, 2009. 

12We 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 Tribe’s application for 

TAS status for section 107(d) in 2013. 

13See 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. 

14The 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. 

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 as a separate nonattainment 

area for the 2008 ozone NAAQS. 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 

re-submitted the Pechanga Ozone 

Maintenance Plan for approval to EPA 

as a TIP. As described in detail in 

section IV of this document, we are 

proposing to grant the Pechanga Tribe’s 

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 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 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 qualityrelated 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 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, 

emissions-related data (including source 

emissions data, traffic and commuting 

patterns, population density and degree 

of 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 


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15 In fact, the Pechanga data are consistently less 

than or equal to the Temecula and Lake Elsinore 

data for the 2011–2013 timeframe. 

16See 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. 

17The 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. 

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). 

20Bigler-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 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. 

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 

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. 

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

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/minimart, 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/minimart. Lastly, the inventory includes 

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 

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 sparselypopulated 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 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. 


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21See 77 FR 30088, dated May 21, 2012. 

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 countyline 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. 

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 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 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 

this 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, 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 PressEnterprise, a 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 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, 


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22See letter from Deborah Jordan, Director, EPA 

Region IX Air Division, to Mark Macarro, Chairman, 

Pechanga Band of Luisen ̃ o Mission Indians, January 

22, 2014, and attachments. 

23For 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 part 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. 

24See, 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. 

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

Deputy Executive Officer, SCAQMD, to Jared 

Blumenfeld, Regional Administration, EPA Region 

IX, dated June 27, 2014. 

26See AQS Monitor Description Report, May 16, 

2014. 

‘‘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 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 

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 regulations in 40 

CFR part 58.22 The Pechanga Tribe 

submits the ozone data that it collects to 

AQS; however, we are basing this 

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 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 ‘‘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. 


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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. 

28See 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. 

29See CAA section 302(q). 

30 40 CFR 49.7(c). 

31 40 CFR 49.11(a). 

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 a 0.071 0.075 0.074 NC 

aAnnual value does not meet completeness criteria. 

NC = Not calculated because of incomplete data. 

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

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

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. 

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 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 NAAQSrelated requirements, including such 

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 


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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 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 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 antibacksliding 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 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 

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. 

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 

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, 


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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 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 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 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. 

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 onroad 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 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 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 


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32Between 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. 

33See table 4–2 of the Pechanga Ozone 

Maintenance Plan. 

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 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 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 onroad and nonroad vehicles, and other 

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. 

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. 

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 

information is the latest emissions data 

available from CARB’s Web site. 

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 


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34A 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). 

35The 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. 

36As 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). 

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 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 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 

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 this 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 

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 

through the maintenance period. See 

page 36 of the Pechanga Ozone 

Maintenance Plan. 

Generally, we expect states or tribes 

with maintenance areas to verify 


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37The Tribe followed the August 13, 1993 EPA 

guidance memorandum titled ‘‘Early 

Implementation of Contingency Measures for Ozone 

and Carbon Monoxide (CO) Nonattainment Areas.’’ 

38On 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. 

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. 

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 early 37 and a mechanism 

to trigger the adoption of additional 

measures as needed. 

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 emissionsreduction 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 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 

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, 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 


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Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Proposed Rules 449 

emissions in ‘‘Extreme’’ ozone 

nonattainment areas. New or modified 

stationary sources proposed at the 

Pechanga Reservation would remain 

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 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 this 

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 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 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); 

• 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. 

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. 

Dated: December 23, 2014. 

Alexis Strauss, 

Acting Regional Administrator, EPA Region 

9. 

[FR Doc. 2014–30830 Filed 1–5–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0708; FRL–9921–34– 

Region 9] 

Clean Data Determination for 1997 

PM2.5 Standards; California—South 

Coast; Applicability of Clean Air Act 

Requirements; Extension of Comment 

Period 

AGENCY: Environmental Protection 

Agency. 


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