# TOMARAS & 

# OGAS,

# LLP

10755-FSCRIPPS POWAY PARKWAY #281 SAN DIEGO, CALIFORNIA 92131

Kathryn A. Ogas Brenda L. Tomaras

January 21,201

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Jared Blumenfeld, Regional Administrator USEPA Region 9 75 Hawthorne Street San Francisco, CA 94105-3901

Subject: Promulgation of the New One-hour Nitrogen Dioxide National Ambient Air Quality Standard

Dear Mr. Blumenfeld,

This letter is being submitted on behalf ofthe Lytton Rancheria of California, a federallyrecognized tribe and sovereign government. Thank you for the opportunity to respond to the one-hour nitrogen dioxide 

### (NOz)National Ambient Air Quality Standard (NAAQS) and associated designation of the attainment status ofthe air quality of the Tribe's Reservation.

Following the passage ofthe Rancheria Act (the Act ofAugust 18, 1958,PL. 85-671, 72 Stat. 619),the federal government terminated the Lytton Rancheria and distributed the tribal trust lands, which were located within the Alexander Valley, to individual members ofthe Lytton Rancheria. The Rancheria Act and distribution plan called for the federal government to provide certain improvements to the properties to make them habitable for the individuals to whom the property was distributed. The federal government failed to meet these obligations, however, and the Lytton Rancheria was restored as a tribe in 199

### 1 through a stipulated judgment which acknowledged that the tribe was never legally terminated. Thereafter, the Lytton Rancheria was again listed in the Federal Register as an Indian entity which is recognized and eligible to receive services from the United States Bureau ofIndian Affairs. Since then, the Tribe has obtained trust land in San Pablo, California, and has attempted to secure land to re-establish a unified community in SonomaCounty. The Tribe's existing casino (San Pablo Lytton Casino) has provided a consistent revenue stream that has improved the socioeconomic status ofboth the Tribe and the City of San Pablo, allowing for the development ofprograms and distributions that have resulted in reduced poverty and unemployment. Despite these gains, the Tribe strives to maintain secure revenue sources to fund the Tribal Government. Management and protection of the land and its natural resources, as well asproviding social services to Tribal members, are essential functions of Tribal government.Jared Blurnenfeld Re: Promulgation ofthe New One-hour Nitrogen Dioxide NAAQS Page 

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The Tribe believes that the new one-hour NO2 standard, and an associated non-attainment designation would be an unnecessary regulatory burden that would cause undue hardship on the Tribe. Setting the standard and designating an attainment status, which is tied directly to transportation, could reduce the Tribes ability to diversify by restricting future growth which is tied to the increase in transportation and subsequent NO2emissions. These restrictions would be placed on the expansion ofTribal housing, tribal government operations, and commercial operations that fund the other Tribal endeavors due to the associated increase in NO2emissions that would be related to expanded operations. These limitations would impact the ability ofthe Tribe to exercise sovereignty on its Reservation due to the restrictions on transportation emissions that would be in effect outside and surrounding Reservation boundaries. While the Tribe understands that during the nea-term, the air basin surrounding the Tribal reservation will be classified as "unclassifiable" in relation to the newly established one-hour NO2standard, the Tribe is concerned with the future attainment status ofthe air basin surrounding Reservation boundaries. Any designation of "non-attainment" of an air basin surrounding the Tribal reservation would severely restrict the Tribe's ability to expand housing and commercial developmentsto meet future needs of the Tribe.

Regardless of Tribal endeavors, the Tribe also feels designation of "non-attainment" status for air basins anywhere in the State will cause undue hardship to any business attempting to expand and developjob opportunities. Based on the current economic status ofthe Country, the Federal government should be implementing policies to increase business opportunities and promotejob creation. The Tribe feels that for both our endeavors and for those of any business in California and the Country, the growth restrictions that would occur as a result of future designations of non-attainment areas for the one-hour NO2standard will prevent improvement of the economic
status of Country, which also has a direct correlation to public health.

Thank you for this opportunity and we hope owcomments are taken into serious consideration when implementing the requirements ofthe Clean Air Act and subsequent designation of attainment status of air basins surrounding our Reservation.

Very Truly Yours,

TOMARAS & OGAS, LLP

da L. Tomaras '3 Attorneys for Lytton Rancheria of California