Ewiiaapaayp Tribal Office

Ewiiaapaayp Band of Kumeyaay Indians

4054 Willows Road

Alpine, CA 91901

TEL: (619) 445-6315

FAX: (619) 445-9126

E-mail: wmicklin@leaningrock.net

VIA EMAIL

zimpfer.amy@epa.gov

April 4, 2012

Jared Blumenfeld, Regional Administrator

Environmental Protection Agency

United States Environmental Protection Agency

Region IX

75 Hawthorne Street 

San Francisco, California 94105 -3901

Cc: Amy Zimpfer, Associate Director - Air Division

Re: Recommendation for a Designation of the Ewiiaapaayp Indian Reservation for the 8-

Hour Ozone National Ambient Air Quality Standard 

Dear Mr. Blumenfeld:

Thank you for the opportunity to submit a recommendation for the designation of the 

Ewiiaapaayp Indian Reservation that is under the jurisdiction of the Ewiiaapaayp Band of

Kumeyaay Indians (Ewiiaapaayp Band) for the 8-hour ozone National Ambient Air Quality 

Standard (NAAQS). The Ewiiaapaayp Indian Reservation is divided between two noncontiguous sections that are separated by 19 miles. The East Ewiiaapaayp section of the 

Reservation of 5,460.13-acres is perhaps the most remote Indian Reservation in California, and 

perhaps in the 48 contiguous United States, located in the mountains of rural east San Diego 

County just a few miles from the United States-Mexico border. Elevation of the Reservation is 

between 4,800 and 6,300 feet. The Reservation is at the end of a single, one-lane, dirt road of 

twelve miles rising over 1,800 feet with sharp curves, and steep drop-offs. This is a true rural

area, with few neighbors, infrequent vehicle trips, no major emissions sources, and few minor 

emissions sources. The West Ewiiaapaayp section of the Reservation of 10.02-acres is located in 

the unincorporated community of Alpine in east San Diego County. Alpine is a rural community 

of approximately 15,000 residents. The Ewiiaapaayp Indian Reservation is administered by a 

sovereign, self-governing tribal government within discrete jurisdictional boundaries that 

separate the Reservation from other governmental jurisdictions of the county, state and federal 

government. 

The tribal lands of the East Ewiiaapaayp section of the Reservation are pristine, without the 

impacts of commercial development and but 10 residences on its 5,460.13-acres. The Tribal 
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citizens live seasonally on the Reservation due to a severe seasonal climate, the complete lack of 

infrastructure, and inadequate and hazardous roads that are impassable during frequent seasonal 

storms. The Ewiiaapaayp Band has successfully protected its air quality on the Ewiiaapaayp 

Indian Reservation, and should not be penalized for emissions originating in other governmental 

jurisdictions. 

The Ewiiaapaayp Band recommends that the area within the external boundaries of the 

Reservation remain designated "Attainment" for the 8-hourozone National Ambient Air Quality 

Standards (NAAQS). To our knowledge, the Ewiiaapaayp Reservation has been always been 

designated Attainment for the 8-hour ozone NAAQS, and no factors have changed affecting 

ozone formation, or ozone pre-cursor formation on the Reservation or in areas near the 

Reservation. 

The Ewiiaapaayp Indian Reservation was recognized by the EPA as excluded from the San 

Diego nonattainment during the 2004 designations of the 1997 standard ozone standard through

March 30, 2012 according to U.S. EPA's website: "8-Hour Ozone Nonattainment Areas, Detailed 

Description of Certain Area Boundaries for Partial Counties As of August 30,2011."1

The EPA preliminary conclusion to designate the Indian Country of the Ewiiaapaayp Band as 

nonattainment for the revised 2008 NAAQS because the [San Diego County] area violates the 

2008 ozone NAAQS is in error and should be withdrawn. The Ewiiaapaayp Indian Reservation 

should either remain excluded from the San Diego nonattainment area or be designated as not a 

nonattainment area within the exterior boundaries of the Reservation.

The Clean Air Act requires EPA to designate any area as nonattainment if it violates a NAAQS 

or if it contributes to a violation in a nearby area. No air quality data (Factor 1) for the 

Reservation show a violation or contribute to a violation in a nearby area. The available 

conclusion is inescapable that if air quality monitors were on the Reservation the data would 

support the Tribes conclusion.

Emissions and emission-related data (Factor 2) for stationary sources and population centers and 

traffic patterns are not available because there are no stationary sources and a population of but 

10 residing seasonally on the Reservation, making designation for a nonattainment area 

unavailable.

Meteorology and weather or transport patterns (Factor 3), influenced by geography and 

topography (Factor 4), do not show the formation of ozone from local sources or transport. The 

weather on the Reservation is characterized by high wind speeds defined as a class 7 (average 

wind speeds in excess of 8 to 15 meters per second varying by season and time of day), which 

are accelerated by steep ridgelines and narrow valleys. The 10 tribal citizen home sites are 

seasonally occupied, and average daily trips of vehicle traffic is less than a handful per day.

 1 http://www.epa.gov/oaqps001/greenbk/gnp.html
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The jurisdictional boundaries (Factor 5) associated with the County and the State are 

inappropriate for the Reservation and its tribal government. The EPA has not consulted with the 

Tribe concerning jurisdiction boundary alternatives appropriate for the Tribe.

Absent new data to the contrary, the Ewiiaapaayp Indian Reservation should remain designated 

Attainment for the 8-hour Ozone standard as any change from Attainment designation must be 

accompanied by new data indicating that the area designated is not in compliance with the 

NAAQS. The Ewiiaapaayp Band is confident any data collected on the Reservation will prove 

the tribal lands should be designated for attainment. 

The Ewiiaapaayp Band also considered the following factors in making this recommendation for 

air quality designation for the Ewiiaapaayp Indian Reservation: 

• Air Quality Data. The Ewiiaapaayp Indian Reservation currently does not have an air 

quality monitor for ozone. The nearest air quality monitor for ozone is on the nearby La Posta 

Indian Reservation that shows the area is attaining air quality standards for the new 2008 8-hour 

ozone standard. This monitor is the nearest air quality monitor in the area with technical 

information available. That technical information indicates compliance with the 2008 ozone 

standard. The nearest monitor in the area that meets EPA regulatory monitoring criteria is in 

Alpine, California, approximately 19 miles away, and approximately 3,000 to 4,000 feet lower 

elevation at 2,000 feet above sea level. Data from this source is not representative of air quality 

on the Ewiiaapaayp Indian Reservation and cannot be used to access regulatory levels on the 

Reservation and is not representative of air quality on the Ewiiaapaayp Indian Reservation. 

• Emissions related data. There are little or no emissions data on the Reservation. The 

nearby Campo Band of Mission Indians performed an Emissions Inventory in 2006 and found no 

major emissions sources within 65 miles of the Campo Indian Reservation, which is less than 5 

miles from the Ewiiaapaayp Indian Reservation, and no minor sources within 25 miles. The 

Campo Indian Reservation is more than 35 miles from the nearest measurable emissions sources 

in the area. 

• Traffic and commuting patterns. There is no major arterial road through the Ewiiaapaayp 

Indian Reservation. Traffic volume is solely tribal citizen vehicle trips from the 5 tribal citizens 

and other family (10 total). Vehicle traffic is low and estimated at approximately 2 vehicles per 

day. There is no commuter traffic, no local traffic to stores and restaurants, of which there are 

none in the area. 

• Population Density and degree of urbanization. The area is extremely rural, with no 

urbanization. Population density is estimated at 1 person per square mile (urban fringe is 

recognized as a density over 1,000 times this density). No industrial and no commercial 

development occur on or near the Reservation, with no local Title V emissions sources. 

• Meteorology. The prevailing winds on the Reservation are 35 to 50 mph from the west, 

southwest 60 % of the time, which keep the area clear of ozone pre-cursors. 

• Geography/Topography. The nearest sources of ozone pre-cursors is Alpine, 

approximately 19 miles away, and approximately 3,000 to 4,000 feet lower elevation at 2,000 

feet above sea level, and is not representative of air quality on the Ewiiaapaayp Indian

Reservation. Alpine is on a ridge line 30 miles east of San Diego and is presumed to be in a zone 

where ozone pre-cursors and an ozone mixing zone creates significant ozone levels. Alpine is 

considered by environmental professionals and agencies in San Diego County to have the highest 
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ozone levels in Eastern San Diego County. Due to the terrain and geography in the area, 

technical experts presume that ozone levels peak at Alpine and then drop off dramatically east of 

Alpine. Absent monitoring data to indicate otherwise, ozone levels in rural eastern San Diego 

County are presumed to be meeting the 2008 ozone standards.

• The existing jurisdictional boundaries. The external boundaries of the Ewiiaapaayp Indian 

Reservation separates Indian Reservation land from private, state and federal lands in San Diego 

County. The Ewiiaapaayp Tribal Government has jurisdiction over air quality on the 

Ewiiaapaayp Indian Reservation, while the State of California has jurisdiction over state and

private lands outside of the Reservation, while federal agencies have jurisdiction over federal 

public lands outside of the Ewiiaapaayp Indian Reservation. There is no metropolitan planning 

area that has jurisdiction over the Ewiiaapaayp Indian Reservation. 

The EPA letter to the Tribe dated December 9, 2011 that required an expression of interest by the 

Tribe for tribal consultation by December 23, 2011, a mere 14 days not including the delivery 

time for the letter, resulted in receipt and consideration of the letter and its notice after the 

deadline. This is not tribal consultation as defined in the EPA Policy on Consultation and 

Coordination with Indian Tribes dated May 4, 2011. The EPA policy states tribal “consultation 

is a process of meaningful communication and coordination between EPA and tribal officials 

prior to EPA taking actions or implementing decisions that may affect tribes.” [EPA Policy, 

Article I; 1] This process is required by Executive Order 13175 that requires the EPA “have an 

accountable process to ensure meaningful and timely input by tribal officials in the development 

of regulatory policies that have tribal implications.” [EPA Policy, Article II; 2] The EPA policy 

says “consultation should occur early enough to allow tribes the opportunity to provide 

meaningful input that can be considered prior to EPA deciding whether, how, or when to act on 

the matter under consideration.” [EPA Policy, Article V.C.; 7] The EPA process for the 

nonattainment designation fails to satisfy any one of the EPA Tribal Consultation Policy criteria.

In addition, according to Executive Order 13175 as well as EPA's Policy Directive on 

consultation with tribes dated December 20, 2011, for establishing air quality designations for 

tribes, any change in air quality designation requires, among other steps, government-to--

government consultation with the tribes. Such tribal consultation has not occurred. 

Thank you in advance for considering our recommendation. We look forward to a governmentto-government tribal consultation with the EPA that would result in an outcome that continues

recognition of the Attainment status for the Ewiiaapaayp Indian Reservation for the 8-hour zone 

NAAQS. 

Please contact the Tribe’s CEO, Mr. Will Micklin, by telephone at (619) 368-4382 or by email at 

wmicklin@leaningrock.net.

Sincerely, 

Robert Pinto, Sr. 

Tribal Chairman
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Ewiiaapaayp Band of Kumeyaay Indians