Pechanga Band, TAS Application 1 

### Pechanga Band of Luise ñ o Mission Indians

Application to the United States Environmental Protection Agency for Determination of Eligibility for “Treatment in the Same Manner as a State” (TAS) under the Clean Air Act

The Pechanga Band of Luise ñ o Mission Indians hereby requests approval by the U.S. Environmental Protection Agency of its application for TAS status under Clean Air Act Sections

110 (42 U.S.C. § 7410) and 175A (42 U.S.C. § 7505a)

.

Eligibility Criteria

EPA’s Tribal Authority Rule (TAR) provid es that, “ [w] here the applicant has previously received authorization for a Clean Air Act program

. . . the applicant need only identify the prior authorization and provide the required information which has not been submitted in the previous application.” 40 CFR 49.7(a)(8). Pechanga submitted a TAS eligibility application for purposes

of Clean Air Act ( CAA ) sections 105, 107(d), 126 and 505(a)(2) on June 12, 2012

, and supplemented its appl ication on September 20, 2012. EPA approved this application on June 23,

2013. Therefore, this application only provides required information that was not submitted in

the prior application.

A. Federal Recognition

Please see our June 12, 2012

, TAS application (supplemented on September 20, 2012 )

, which EPA approved on June 23, 2013

. See also 79 FR 4748, 4751 (January 29, 2014).

B. Substantial Governmental Duties and Powers

Please see our June 12, 2012

, TAS application (supplemented on September 20, 2012 )

, which EPA approved on June 23, 2013

.

C. Tribal Authority

Please see our June 12, 2012

, TAS application (supplemented on September 20, 2012 ), which EPA approved on June 23, 2013

. In addition, please see the enclosed Tribal Council Executive Order authorizing submission of this application.

D. Tribal Capacity

The Pechanga Indian Reservation is located in the southwestern portion of Riverside County near the city of Temecula and the northwestern portion of San Diego County. The reservation area consists of approximately 6,725 acres and is adjacent to the Cleveland National Forest. Regional access to the reservation is provided via Interstate 15 and County Highway 79. Direct

a ccess to the reservation is from County Highway 79 South and Pechanga Parkway (formerly known as Pala Road). The Trib e has approximately 1,500 Tribal Members and the reservation is home to approximately 500 full

- time residents, hosts over 200 homes, 12 government buildings,Pechanga Band, TAS Application 2

a hotel and casino, associated parking structures, gas station, RV Park, and golf course. The

hot el and casino host a transitory population of approximately 20

- 40 thousand weekly.

The Tribe’s environmental program has been in place since 1998. The Pechanga

Environmental Department (PED) was formalized in 2001. The mission of the PED is to protect

and manage the natural resources of the Pechanga Indian Re servation by ensuring that the T ribe

is included in all decisions that affect its resources. This is achieved by upholding tribal sovereignty, meeting Federal and Tribal laws, and by conducting commun ity outreach in order to provide a sustainable environment for future generations.

The Tribe has completed all eligibility requirements to run the following USEPA grant programs: Clean Water Act Section 319 (CWA 319), Clean Water Act Section 106 (CWA 106)

, Clean Air Act 103 (CAA 103), Clean Air Act 105 (CAA 105), General Assistance Program (GAP), Solid Waste, and Border XXI. Tasks completed through these grants inc lude: Environmental Assessments; an Environmental Plan; Emergency Notification Plan

- which h as developed a Tribal Emergency Response Commission (TERC) with a FEMA approv ed Pre

Disaster Mitigation Plan; Pollution Prevention Ordinanc e; Quality Assurance Project Pla ns for Air and Water Monitoring; Recycling Program; Environmental Education; and Trai ning

, to
mention a few. Continued work in these areas is being handled through various grants and tribal

support.

The Reservation is located within (but not subject to the jurisdiction of) the South Coast Air Quality Management District (SCAQMD) and the San Diego County Air Pollution Control District (SDCAPCD). The SCAQMD experiences the worst air quality in the nation; however Riverside County generates the lowest emissions of any county in the basin.

The reservation is located in what was for many years a relatively remote, sparsely populated area of southwestern Riverside County. The City of Temecula had approximately 11,500 residents in 1993. Little more than ten years later, the population grew by six and half

times to approximately 75,000 residents and has continued to increase in population since that

date. The primary issue for the R eservation is associated with the possible transport of pollutants

from other areas. In an initial Air Quality Assessment prepared in 2001 by the Tribe it wa s found

that the monitoring stations operated by SCAQMD were not adequate to reflect conditions of the

R eservation and that site specific monitoring and establishment of a meteorological monitoring station was imperative.

In 2004 the Tribe was awarded a C AA 103 grant to update the 2001 Air Quality
Assessment, develop air monitoring options, conduct community education and outreach on air pollution issues, and attend trainings. The PED has been awarded an air grant annually since

2004 and in 2008 the T ribe approved and purchased solely with tribal funds an ambient air quality monitoring and meteorological data station.

At this time the air monitoring station is monitoring for oxides of nitrogen (NO
x ), nitrogen dioxide (NO 2 ), nitric oxide (NO), ozone ( O 3 ), and p articulates less than 2.5 micrometers (PM 2.5 ) and collecting metrological data including ambient temperature, barometric pressure, solar radiation, relative humidity, precipitation, wind direction, and wind speed. The air stationPechanga Band, TAS Application 3

consists of the following air monitoring equipment: Gas Analyzers

– NO Analyzer EC9841 (Federal Equivalent Method) and O 3 Analyzer EC9810 (Federal Reference Method); Particulate Analyzer

— PM 2.5 BAMI 020 (Federal Equivalent Method); Collocated Particulate Analyzer

R&P Pa rtisol 2000 (Federal Reference Method); Metrological Equipment

— Rain Gauge

Rainmaster 1 000 , Barometric Pressure Sensor 1 000 , Humidity and Temperature Probes HMP45A, Wind Sensor Model 034B, and Solar Radiation SKO1

- D2. Pechanga’s Tribal

Council has also a pproved entering its gaseous and particulate air data into the USEPA Air Quality System (AQS). Pechanga has demonstrated the ability to administer grants and an environmental program prior to receiving their first TAS classification in 1996 under Section

106 CWA. The Tribe has also shown capacity to run an air program and air monitoring station

since 2004 and 2008 respectively

. The Tribe has successfully passed all data and equipment analysis, input, validations, and audits required by EPA

.

Pechanga’s Environmental Department is highly trained as demonstrated by the following credentials and experience:

Kelcey A. Stricker, Director, candidate, MS Ecology California State University, San Marcos; BS, Biology, emphasis marine biology, San Diego State Un iversity. Field biologist, restoration ecologist, research coordinator and community education specialist.

David Newman, environmental technician , BS Candidate Environmental Science (11 years with Pechanga).

The position of environmental s pecialist and environmental technician position are currently vacant and the Tribe is initiating a search to fill both positions. PED is assisted by experienced air consultants and attorneys and is fully able to carry on all of its ongoing projects while the two positions are temporarily vacant.

This application demonstrates that the Pechanga Band of Luiseño Indians is in full compliance with the applicable regulatory criteria required under 40 C.F.R. § § 49.6 and 49.7,

and thus qualifies for TAS status under the above

- referenced sections of the Clean Air Act.

Please feel free to contact Kelcey Stric ker, Director at kstricker @ p echangansn.gov or (951) 770

- 6150 with any questions.

E. TAS Request

Pechanga requests the following TAS authority at this time:

Those provisions of CAA Section s 1 10 and 1 75A necessary to submit and implement a maintenance plan in support of a redesignation request under CAA section 107(d) for the 1997 8

- hour ozone standard (1997 standard)

.

Contents:

• For purposes of this application, Pechanga seek s CAA Section 110 and 1 75A TAS to provide for EPA review of a maintenance plan submitted by the Tribe on May 9, 2014

, asPechanga Band, TAS Application 4

a TIP in support of the Tribe’s section 107(d) redesignation request of the same date. The Pechanga maintenance plan for the 1997 standard demonstrat es that the area will maintain compliance with the 1997 standard for at least 10 years after redesignation to attainment, and specif

ies contingency provisions to address the issue of future violations of the 1997 standard that might be monitored in the area following redesignation to
attainment. In addition, the maintenance plan identifies an attainment inventory and provides Pechanga commitments to continued air quality monitoring and verification of

continued attainment

. Pechanga understand s that for addi tional use of CAA Section 110

and 175A authority, additional TAS application(s) will be necessary.

Conclusion

EPA should grant Pechanga the requested TAS so that the Tribe may gain federal approval of its 1997 ozone standard maintenance plan pursuant to CAA Section s 110 and 175A

. The Tribe has previously demonstrated its eligibility for TAS under CAA sections 105, 126, 505(a)(2) and 107(d), and, as set forth above, meets the eligibility requirements under section s 110 and 175A for purposes of submitting and implementing a maintenance plan TIP

. TAS approval would empower Pechanga to better manage air quality impacts within the regulatory

boundaries of the Reservation and would allow it to assist EPA in protecting air quality on the

Reservation

.