TOMARAS & OGAS, LLP 

10755-F SCRIPPS POWAY PARKWAY #281 SAN DIEGO, CALIFORNIA 92131 

Kathryn A. Ogas 

Brenda L. Tomaras 

January 21,201 1 

Jared Blumenfeld, Regional Administrator 

USEPA Region 9 

75 Hawthorne Street 

San Francisco, CA 94 105-390 1 

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

Quality Standard 

Dear Mr. Blumenfeld, 

This letter is being submitted on behalf of the 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 of the air quality of the Tribe's Reservation. 

Following the passage of the Rancheria Act (the Act of August 18, 1958, PL. 85-671, 72 Stat. 

6 19), the federal government terminated the Lytton Rancheria and distributed the tribal trust 

lands, which were located within the Alexander Valley, to individual members of the 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 of Indian 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 Sonoma County. The Tribe's existing casino (San Pablo Lytton Casino) has 

provided a consistent revenue stream that has improved the socioeconomic status of both the 

Tribe and the City of San Pablo, allowing for the development of programs 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 as providing social services to Tribal members, are 

essential functions of Tribal government. 
Jared Blurnenfeld 

Re: Promulgation of the New One-hour Nitrogen Dioxide NAAQS 

Page 2 

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 NO2 emissions. These restrictions would be 

placed on the expansion of Tribal housing, tribal government operations, and commercial 

operations that fund the other Tribal endeavors due to the associated increase in NO2 emissions 

that would be related to expanded operations. These limitations would impact the ability of the 

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 NO2 standard, the 

Tribe is concerned with the future attainment status of the 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 

developments to 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 

develop job opportunities. Based on the current economic status of the Country, the Federal 

government should be implementing policies to increase business opportunities and promote job 

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 NO2 standard 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 ow comments are taken into serious consideration 

when implementing the requirements of the 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