PECHANGA INDIAN RESERVATION 

May 9, 2014 

Jared Blumenfeld 

Regional Administrator 

Temecula Band of Luisefio Mission Indians 

Post Office Box 1477 • Temecula, CA 92593 

Telephone (951) 770-6000 Fax (951) 695-1778 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

Re: Request for Redesignation Under 1997 8-Hour Ozone Standard and 

Maintenance Plan 

Dear Mr. Blumenfeld: 

Tribal Chairman: 

Mark Macarro 

Council Members: 

Catalina R. Chacon 

Corrina R. Garbani Sanchez 

Andrew Masiel, Sr. 

Robert "R.J." Munoa 

Russell "Butch" Murphy 

Benjamin "Ben" Vasquez 

Tribal Secretary: 

Louise Burke 

Tribal Treasurer: 

Chris Una McMenamin 

The Pechanga Band of Luisefio Indians (Tribe) hereby request that the U.S. Environmental 

Protection Agency (EPA) redesignate the Pechanga Band of Luisefio Mission Indians of the 

Pechanga Reservation ozone nonattainment area (Pechanga nonattainment area) to attainment 

of the 1997 8-hour average ozone National Ambient Air Quality Standard (NAAQS or standard). 

This request meets the statutory criteria for redesignation under the Clean Air Act (CAA).1 

In June 2009, the Tribe requested2 that EPA create a separate nonattainment area for the 

Pechanga Reservation, separating it from the South Coast Air Basin. On May 21, 2012, EPA 

approved the Tribe's request.3 One of the justifying reasons for the request and its approval 

was that ozone concentrations in the Pechanga nonattainment area were consistently much 

lower than those measured elsewhere in the South Coast Air Basin, Ozone monitoring data for 

the period of 2011-2013 show that the Pechanga nonattainment area has attained the 1997 

ozone NAAQS. The attached petition documents the data supporting a determination that the 

standard has been attained. The present request for redesignation is a logical continuation of 

Pechanga's previous request for, and EPA's approval of, a nonattainment area for Pechanga 

tribal lands. 

The reduction in Pechanga's ozone concentrations is the result of permanent and enforceable 

reductions in ozone precursor emissions in the region, and is not due to unusual meteorology 

or economic conditions. Pechanga's ozone concentrations are overwhelmingly the result of 

emissions in the adjacent South Coast and San Diego air basins. Both basins are currently ozone 

142 USC Sections 7401 , et seq. 

2 Macarro, Request to Create a Separate Nonattainment Areafor the Pechanga Indian Reservation or, 

Alternatively, Move the Northern Boundary of the San Diego Nonattainment Area to Include the Reservation of 

the Pechanga Band of Luiseno Indians (June 23, 2009) 

3 77 FR 30088 (May 21,2012) 
Jared Blumenfeld 

U.S. Environmental Protection Agency, Region 9 

May 9,2014 

Page 2 

nonattainment areas,4 committed to continued significant reductions in ozone precursor 

emissions. As a result, ozone levels on the Reservation are expected to continue to decline. 

The attached petition demonstrates that all Clean Air Act requirements necessary for 

redesignation have been met. The attached maintenance plan will ensure that ozone 

concentrations will continue to be below the standard. 

The Tribe has reviewed the statutory criteria and EPA policy guidance addressing 

r~designation, and concludes redesignation to attainment is warranted. Accordingly, the Tribe 

hereby requests redesignation to attainment of the 1997 ozone NAAQS for the Pechanga 

nonattainment area. The applicable criteria and the justification for redesignation are provided 

in this petition. 

Sincerely, 

Mark Macarro, 

Tribal Chairman 

Cc; Gary Rubenstein 

James Cohen 

4 South Coast is nonattainment for the 1997 and 2008 8-hour ozone NAAQS. San Diego is non attainment for 

the 2008 NAAQS, but attainment for the 1997 NAAQS. 
Ozone Redesignation Request 

And Maintenance Plan for 

Pechanga Band of Luiseiio 

Mission Indians of the Pechanga 

Reservation Nonattainment Area 

prepared for: 

Pechanga Band of Luiseiio Indians 

May 2014 

prepared by: 

Sierra Research, Inc. 

1801 J Street 

Sacramento, California 95811 

(916) 444-6666 
Ozone Redesignation Request and Maintenance Plan 

for Pechanga Band of Luiseiio Mission Indians 

of the Pechanga Reservation Nonattainment Area 

prepared for: 

Pechanga Band of Luisefio Indians 

May 2014 

Principal author: 

Steve Hill 

Sierra Research, Inc. 

1801 J Street 

Sacramento, CA 95811 

(916) 444-6666 
Ozone Redesignation Request and Maintenance Plan 

for Pechanga Band of Luiseiio Mission Indians 

of the Pechanga Reservation Nonattainment Area 

Table of Contents 

Page 

1. Introduction ..................................... .. ....... ........................................ ............................... 1 

1.1 Background ................................................ .. ............................................................ 2 

1.2 Redesignation Criteria ........................................................................................... l 0 

1.3 EPA Policy Guidance ............................................................................................ 1 0 

2. Attainment of the 1997 Ozone Standard ....................................................................... 12 

2.1 Ozone Monitoring In and Around the Pechanga Nonattainment Area .................. 12 

2.2 Methodology .......................................................................................................... 14 

2.3 Determination of Attainment ................................................................................. 15 

3. Clean Air Act Compliance .............................................................. .............................. 17 

3.1 Compliance with Clean Air Act Section 110 ........................................................ 17 

3.2 Compliance with Part D ......................................................................................... 19 

4. Attainment IS Due To Permanent AND Enforceable Emission Reductions ................ 22 

4.1 Permanent, Enforceable Emission Reductions ...................................................... 22 

4.2 Emission Reductions Not Temporary .................................................................... 26 

4.3 Meteorology Not Unusually Favorable ................................................................. 28 

5. Maintenance Plan .......................................................................................................... 30 

5.1 Attainment Inventory ............................................................................................. 30 

5.2 Maintenance Demonstration .................................................................................. 31 

5.3 Transportation Conformity Emissions Budgets ..................................................... 33 

5.4 Maintenance Strategy ............................................................................................ 35 

5.5 Continued Monitoring ........................................................................................... 36 

5.6 Verification of Maintenance .................................................................................. 36 

5.7 Contingency Plan ................................................................................................... 36 

Appendix A - State and Federal Emission Control Programs 

Appendix B - Determination of Attainment Data 

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List of Figures 

Figure 

Figure 1-1 Pechanga Ozone Attainment Area Boundaries .......................... ....................... 9 

Figure 2-1 Ozone Monitors in Pec4anga Nonattainment Area and Vicinity .................... 13 

Figure 4-1 South Coast Basin VOC + NOx Emission Reductions Despite Growth ....... 26 

Figure 4-2 San Diego County VOC + NOx Emission Reductions Despite Growth ....... 27 

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List of Tables 

Table 2-1 Annual Fourth Highest Daily Maximum 8-hour Ozone Concentrations 

for Pechanga Monitoring Station (ppm) ...................................................................... 16 

Table 4-1 2000-2012 Reductions in Summer Season Precursor Emissions (Tons 

Per Day) ....................................................................... Error! Bookmark not defined. 

Table 4-2 Elsinore Three-Year Average Ozone Season Daily Maximum 

Temperatures (Degrees Fahrenheit) ............................ Error! Bookmark not defined. 

Table 5-1 Ozone Attainment Inventory (Summer 2012) .. Error! Bookmark not defined. 

Table 5-2 Ozone Maintenance Demonstration 2012-2025 Maintenance Period 

Projected Inventory of Ozone ' Precursors .................... Error! Bookmark not defined. 

Table 5-3 On-Road Motor Vehicle Emissions Budgets Ozone Maintenance PeriodError! Bookmark no1 

Table B-1 Pechanga Monitoring Data ............................. Error! Bookmark not defined. 

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1. INTRODUCTION 

The Pechanga Band of Luisefio Indians (Tribe) hereby submits to the U.S. 

Environmental Protection Agency (EPA) a request to redesignate the Pechanga Band of 

Luisefio Mission Indians of the Pechanga Reservation ozone nonattainment area 

(Pechanga nonattainment area) to attainment of the 1997 8-hour average ozone National 

Ambient Air Quality Standard (NAAQS or standard), and a maintenance plan for EPA 

approval. This request meets the statutory criteria for redesignation under the Clean Air 

Act (CAA).l 

Ozone monitoring data for the period of2011-2013 show that the Pechanga 

nonattainment area has attained the 1997 ozone NAAQS. 

Ozone concentrations on the Pechanga Indian Reservation ("Reservation") are 

overwhelmingly the result of emissions in the adjacent South Coast and San Diego air 

basins. Both basins are currently ozone nonattainment areas,2 committed to continued 

significant reductions in ozone precursor emissions. As a result, ozone levels on the 

Reservation are expected to continue to decline. 

Notwithstanding compliance with the 1997 ozone NAAQS, the Reservation will remain 

designated a nonattainment area for this standard until this redesignation request and 

maintenance plan and supporting documentation are submitted to EPA, and EPA finds 

that the CAA criteria for redesignation have been met and grants the request. 

Redesignation primarily requires demonstrating that all CAA requirements applicable to 

the nonattainment area have been met, and receiving EPA approval of a maintenance plan 

demonstrating how the region will maintain compliance with the standard for the next 10 

years. 

The Tribe has reviewed the statutory criteria and EPA policy guidance addressing 

redesignation and maintenance, and concludes redesignation to attainment is warranted. 

Accordingly, the Tribe hereby requests redesignation to attainment of the 1997 ozone 

NAAQS for the Pechanga nonattainment area and the approval ofthe associated 

maintenance plan. The applicable criteria and the justification for redesignation are 

provided in this petition. 

142 USC Sections 7401, et seq. 

2 South Coast is nonattainment for the 1997 and 2008 8-hour ozone NAAQS. San Diego is nonattainment 

for the 2008 NAAQS, but attainment for the 1997 NAAQS. 

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1.1 Background 

.u.J. National Ambient Air Quality Standards for Ozone 

The CAA requires EPA to set NAAQS for pollutants such as ozone that are considered 

harmful to public health and the environment. The law also requires EPA to periodically 

review the standards and their scientific basis to determine whether revisions are 

appropriate. Accordingly, EPA has periodically established new, more health-protective 

standards for ozone following advances in the scientific understanding of the pollutant 

and its potential health and welfare effects. 

1.1.1.1 Oxidant Standard 

In 1971, EPA promulgated the original NAAQS for photochemical oxidants. 

1.1.1.2 One-Hour Standard 

In 1979, EP A revised the photochemical oxidant standard by replacing the photochemical 

oxidant limit of 0.08 ppm oxidant with a I-hour ozone NAAQS of 0.12 parts per million 

(ppm).3 The I-hour averaging time was selected on the basis of health effects associated 

with short-term exposure periods. The standard was subsequently revoked by EPA in 

2005 following implementation of a more health-protective 8-hour ozone standard 

established in 1997. 

1.1.1.3 1997 8-Hour Standard 

An 8-hour ozone NAAQS (the subject of this Redesignation Request and Maintenance 

Plan) was established in 1997 at a level of 0.08 ppm.4 The 8-hour averaging time was 

selected to address the impacts of exposure to longer periods of elevated ozone pollution. 

The standard is attained when, at each monitor in the region, the three-year average of the 

annual fourth-highest daily maximum 8-hour average ozone concentrations is no more 

than 0.084 ppm (based on the rounding convention dictated in federal regulation).5 Three 

years of ozone concentrations are averaged due to the impacts of year-to-year variations 

in meteorology on ozone formation. 

EP A has proposed to revoke the 1997 8-hour standard upon publication of the final State 

Implementation Plan (SIP) requirement rule for the 2008 8-hour standard. 6 

3 44 FR 8220 (February 8, 1979); see also 40 CFR 50.9 

462 FR 38856 (July 18, 1997); see also 40 CFR 50.10 

5 Appendix I to 40 CFR 50 

6 78 FR 34214 (June 6, 2013). 

-2-
1.1.1.4 2008 8-Hour Standard 

A more health-protective 8-hour ozone NAAQS was established in 2008 at a level of 

0.075 ppm. 7 The 2008 standard is independent ofthe 1997 standard, which currently 

remains in effect while EPA implements a transition to the 2008 standard. 

1.1.2 Emissions Sources 

Ozone is not directly emitted from stationary or mobile sources, but is an end-product of 

complex reactions between volatile organic compounds (VOC) and oxides of nitrogen 

(NOx) in the presence of ultraviolet solar radiation. VOC and NOx are "ozone 

precursors." VOC and NOx emissions from vehicles and stationary sources--combined 

with daytime wind flow patterns, mountain barriers, temperature inversions, and intense 

sunlight-generally result in the highest ozone concentrations. Accordingly, peak ozone 

levels occur during the sunnier, warmer times of the year, typically April through 

October (the "ozone season"). 

VOCs are emitted from a variety of sources, including motor vehicles, chemical plants, 

factories, consumer and commercial products, and various industrial sources. VOCs are 

also emitted by natural sources such as vegetation. NOx is emitted primarily from motor 

vehicles, other mobile sources (e.g., trains, ships, and aircraft), power plants, and other 

sources of fuel combustion. 

1.1.3 Health Effects of Ozone 

Ozone is a colorless gas with a pungent, irritating odor. Ozone occurs naturally and is 

beneficial in the upper atmosphere (stratospheric ozone), shielding the earth from harmful 

ultraviolet radiation from the sun. However, ground-level (tropospheric) ozone is a 

highly reactive and harmful air pollutant that can damage living tissues and man-made 

materials upon contact. 

The health effects of ground-level ozone are focused on the respiratory tract. People with 

respiratory problems, children, older adults, and people who are active outdoors may be 

particularly sensitive to ozone. Breathing ozone can trigger a variety of health problems 

including chest pain, coughing, throat irritation, and congestion. It can worsen 

bronchitis, emphysema, and asthma. 

1.1.4 Ozone Designation and SIP History of Pechanga Ozone Nonattainment Area 

Until recently, the Pechanga Reservation was geographically located entirely within the 

boundaries of Riverside County, a part of the Los Angeles-South Coast Air Basin 

nonattainment area (South Coast Air Basin). On October 14,2008, a land transfer from 

7 73 FR 16436 (March 27, 2008); 40 CFR 50.15 

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the U.S. Bureau of Land Management (BLM) by Act of Congress modified the 

boundaries of the Tribe to increase the previous reservation area of about 5,500 acres by 

more than 1.7 square miles (1, 167 acres), including 119 acres in San Diego County, 

which county is geographically identical to the San Diego Air Basin (SDAB) and the San 

Diego Nonattainment Area. As discussed in more detail below, on May 21,2012, EPA 

approved the Tribe's request to establish the boundaries of a non attainment area for the 

federal 8-hour average ozone standard coincident with Pechanga's tribal lands. 

The history of the ozone designation and implementation plans for the Pechanga ozone 

nonattainment area is therefore complicated. Prior to the establishment of the Pechanga 

nonattainment area, the history of ozone designation and implementation plalUling of the 

portion of the Reservation in Riverside County is the history of the South Coast Air 

Basin; and the history of the portion of the Reservation in San Diego County is the 

history of the San Diego Air Basin. 

Pechanga's current air quality designations, or compliance status, with respect to 

NAAQS (i.e., attainment or nonattainment) are specified in federal regulation. 8 Each 

area of the nation with air pollution levels violating a NAAQS must be designated by 

EPA as a "nonattainment area" for that pollutant. 

1.1.4.1 Oxidant Standard 

In 1978, EPA designated both the South Coast Air basin and the San Diego Air Basin as 

nonattainment areas for the photochemical oxidant NAAQS.9 The nonattainment 

designation carried over to the 1979 I-hour ozone standard. The oxidant standard has 

been revoked, and no longer applies. 

1.1.4.2 I-Hour Ozone Standard 

In 1979, EPA revised the NAAQS from an hourly averaged oxidant standard to an hourly 

ozone standard. 10 EPA revoked the I-hour ozone standard on June 15, 2005, II after 

issuing area designations for the more health-protective 1997 8-hour ozone NAAQS. 

The South Coast Air Basin was classified as an "extreme" non attainment area for the 1-

hour ozone standard at the time of the standard's revocation. 12 

The San Diego Air Basin was initially classified as a "severe" nonattainment area for the 

I-hour ozone standard. 13 The area was reclassified as serious after EPA determined that 

8 40 CFR 81.305, "Designation of Areas for Air Quality Planning Purposes - California." 

9 43 FR 8962 (March 3, 1978) 

10 44 FR 8202 (February 8, 1979) 

II 69 FR 23951 (April 30, 2004) 

12 40 CFR 81.305, "Designation of Areas for Air Quality Planning Purposes - California." 

13 56 FR 56694 (November 6, 1991) 

-4-
the ozone design value used in the original classification was incorrect. 14 The San Diego 

Air Basin attained the I-hour ozone standard in 2001, based on 1999-2001 air quality 

data. EPA redesignated the San Diego Air Basin to attainment for the I-hour ozone 

standard effective July 28, 2003. 15 San Diego Air Basin is a maintenance area for the 1-

hour ozone standard for purposes of 40 CFR 51 Subpart X (Provisions for 

Implementation of 8-Hour Ozone NAAQS). 

The portion of Pechanga in Riverside County was part of the South Coast Air Basin, and 

therefore classified as an "extreme" nonattainment area for the I-hour standard, at the 

time of the standard's revocation. The portion ofPechanga in San Diego County was 

classified as "attainment" for the I-hour standard at the time of the standard's revocation. 

1.1.4.3 1997 8-Hour Ozone Standard 

In 1997, EPA revised the NAAQS from an hourly ozone standard to an 8-hour ozone 

standard. 16 

South Coast Air Basin 

In 2004, EPA established the Los Angeles-South Coast Air Basin (South Coast Air 

Basin) nonattainment boundaries for the 1997 ozone NAAQS. The South Coast Air 

Basin nonattainment area included the entirety of Orange County, the southwestern 

portion of Los Angeles County, the southwest portion of San Bernardino County, and the 

western portion of Riverside County. In 2004, all ofPechanga's reservation lands were 

in the southwestern portion of Riverside County, and the Pechanga Reservation was 

included by EPA in the South Coast Air Basin 1997 8-hour nonattainment area. 17 

The South Coast Air Basin was designated nonattainment for the 1997 8-hour ozone 

NAAQS, effective June 15, 2004. Its classification, based on its 8-hour design value, 

was "severe-I 7." The South Coast Air Quality Management District (AQMD) 

subsequently requested, and EPA approved in 2010,18 a voluntary bump-up of its 

attainment status from "severe-I 7" to "extreme." When responding to AQMD's request, 

EPA deferred reclassification of Indian territory within the South Coast Air Basin, 

including Pechanga, until it resolved the Tribe's request to establish a separate 

nonattainment area. 19 When EPA resolved that request by establishing a separate 

14 60 FR 3771 (January 19, 1995) 

15 68 FR 37976 (June 26,2003) 16 62 FR 38856 (July 18, 1997) 

17 U.S. EPA, Technical Support Document for 2008 Ozone NAAQS Designations, Technical Analysis for 

Band of Luiseflo Mission Indians of the Pechanga Reservation, p. 2. 

IS 75 FR 24409 (May 5, 2010) 

19 In June 2009, the Tribe requested that EPA create a separate ozone nonattainment area for the Pechanga 

Reservation, separating it from the South Coast Air Basin. On May 21,2012, EPA approved the Tribe's 

request with regard to the 8-hour standard. One ofthejustirying reasons for the request and its approval 

was that ozone concentrations in the Pechanga nonattainment area were consistently much lower than those 

-5-
nonattainment area,20 it left Pechanga's classification for the 1997 8-hour ozone standard 

unchanged at "severe-l 7".21 

Subsequent to the establishment in 2004 of the nonattainment boundaries for the 1997 

standard, but prior to establishment of the Pechanga nonattainment area, Pechanga 

acquired lands that extend into San Diego County. 

San Diego Air Basin 

As discussed above, San Diego County was originally classified as a serious 

nonattainment area for the I-hour ozone standard. As a result, the San Diego County 

APCD had already implemented even more stringent NOx and VOC emission control 

rules due to this designation. Those serious-area controls remain in place pursuant to the 

existing I-hour ozone Maintenance Plan, and are similarly retained in the Maintenance 

Plan for the 1997 8-hour ozone NAAQS. 

The San Diego Air Basin was designated nonattainment for the 1997 8-hour ozone 

NAAQS, effective June 15, 2004, based on ozone air quality measurements over the 

2001-2003 three-year period.22 At that time, EPA did not further "classify" the region as 

"marginal," "moderate," "serious," "severe," or "extreme" nonattainrnent pursuant to 

section 181 of the CAA. Instead, EPA relied on CAA provisions in section 172 that do 

not require classifications and declared San Diego County (and other regions that had 

attained the former I-hour ozone NAAQS but violated the 8-hour standard) to be only 

"basic" (unclassified) nonattainment areas. Basic areas are allowed some flexibility in 

their air quality attainment plans, whereas classified areas are subject to more prescriptive 

regulatory requirements. In June 2007, the San Diego County Air Pollution Control 

District (APCD) submitted a SIP revision fulfilling the requirements EPA had established 

for a basic nonattainment area. 

However, EPA did not take action to approve that SIP submittal because, also in June 

2007, a court ruled that EPA must reconsider its implementation methodology and 

criteria for foregoing nonattainrnent classifications in affected regions, including 

San Diego County. In a rulemaking responding to the court remand, EPA classified 

San Diego County as a moderate ozone nonattainment area for the 1997 ozone standard, 

effective on June 13,2012.23 EPA instructed the San Diego County APCD to prepare a 

new SIP that addressed the requirements of a moderate ozone nonattainment area. 

measured elsewhere in the South Coast Air Basin. The present request for redesignation is a logical 

continuation of the earlier action. 

20 77 FR 30088 (May 21, 2012). 21 40 CFR 81.305. The date shown for this classification (June 4, 2010) is the date that the South Coast Air 

Basin was so classified, and shows that the classification continued to apply to Pechanga when it became a 

separate non attainment area. 

22 69 FR 23858 (April 30, 2004) 23 77 FR 28423 (May 14,2012) 

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On June 4, 2013, EPA redesignated the San Diego Air Basin to attainment with the 1997 

8-hour ozone NAAQS.24 

Pechanga Nonattainment Area 

In June 2009, the Tribe requested that the Pechanga ozone nonattainment area be 

established, consisting of Pechanga's tribal lands in both Riverside and San Diego 

Counties.25 On May 21, 2012, EPA approved the Tribe's request to establish the 

boundaries of a nonattainment area for the federal 8-hour average ozone standard 

coincident with Pechanga's tribal lands. The Tribe is now requesting redesignation of the 

Pechanga ozone nonattainment area to attainment of the 1997 ozone N AA QS. 

1.1.4.4 2008 8-Hour Ozone Standard 

EP A designated and classified the South Coast Air Basin as an extreme ozone 

nonattainment area for the 2008 ozone standard, effective on July 20, 2012.2G The South 

Coast AQMD has not yet submitted an attainment plan for the 2008 8-hour NAAQS. 

On May 21, 20 12, EPA approved the Tribe's request to establish the boundaries of a 

nonattainment area for the federal 8-hour average ozone standard coincident with 

Pechanga's tribal lands. 27 EPA has designated this area as the Pechanga Band of Luisefio 

Mission Indians of the Pechanga Reservation nonattainment area (Pechanga 

nonattainment area).28 The new nonattainment area has boundaries that match the 

boundaries of the Pechanga Reservation, and it was designated as a moderate 

nonattainment area for the 2008 8-hour average ozone NAAQS?9 At the time that the 

Pechanga nonattainment area was separated from the South Coast Air Basin, the South 

Coast Air Basin was designated as "Subpart 2/Severe-17" for the 1997 8-hour ozone 

NAAQS. The new Pechanga nonattainment area retained that classification?O 

EPA designated and classified the San Diego Air Basin as a marginal ozone 

nonattainment area for the 2008 ozone standard, effective on July 20, 2012, based on 

2009-2011 ozone data.3126 The San Diego County APCD has not yet submitted an 

attainment plan for the 2008 8-hour NAAQS. 

24 78 FR 33230 (June 4, 2013) 

25 Macarro, Request to Create a Separate Nonattainment Areafor the Pechanga Indian Reservation or, 

Alternatively, Move the Northern Boundary of the San Diego Nonattainment Area to Include the 

Reservation of the Pechanga Band ofLuiseno Indians, June 23, 2009, Attachment A, p. 14. 

26 77 FR 30105 (May 21,2012). 

2777 FR 30088 (May 21, 2012) 

28 U.S. EPA, Technical Support Document for 2008 Ozone NAAQS Designations 

29 77 FR 30088 (May 21, 2012) 30 40 CFR 81.305 31 77 FR 34221 (June 11,2012). 

-7-
1.1.5 Pechanga Ozone Attainment Area Boundaries 

The Pechanga Reservation encompasses approximately 6,700 acres and straddles the 

borders of Riverside County and San Diego County (as illustrated in Figure 1-1). The 

Pechanga Band of Luisefio Mission Indians of the Pechanga Reservation ozone 

nonattainment area, established on May 21, 2012,32 is coextensive with the Pechanga 

Reservation. 

The Pechanga Band of Luisefio Mission Indians of the Pechanga Reservation ozone 

attainment area boundaries are proposed to be contiguous with the boundaries of the 

Pechanga Reservation. 

32 77 FR 30088 (May 21, 2012). 

-8-
I 

0\ 

I 
1.2 Redesignation Criteria 

Section 107(d)(3)(E) of the Clean Air Act identifies five criteria, outlined below, that 

must be met before EPA can redesignate an area from nonattainment to attainment. 

1. EPA has determined that the area attained the NAAQS. 107(d)(3)(E)(i) 

2. EPA has fully approved the applicable Implementation Plan pursuant to Section 

110(k) of the Clean Air Act. Section 11 O(k) addresses completeness findings, 

deadlines for EP A actions, types of EP A actions, and sanctions that may be 

applied to areas failing to meet Clean Air Act requirements. 107(d)(3)(E)(ii) 

3. EPA has determined that the area's improved air quality is due to permanent and 

enforceable emissions reductions resulting from the implementation of the 

applicable State Implementation Plan. 107(d)(3)(E)(iii) 

4. EPA has fully approved a Maintenance Plan for the area as meeting the 

requirements of Clean Air Act Section 175A. Section 175A requires 

demonstrating that the area will maintain (continue to attain) the standard for at 

least ten years after redesignation to attainment, and specifying contingency 

measures to be implemented if a violation is monitored at any time during the tenyear maintenance period. 107(d)(3)(E)(iv) 

5. The area has met all requirements in Section 110 and Part D of the Clean Air Act. 

Section 110 describes general requirements for Implementation Plans, while 

Part D pertains to requirements applicable to nonattainment areas. 

107(d)(3)(E)(v) 

1.3 EPA Policy Guidance 

EPA has provided policy guidance on redesignation requests in the documents identified 

below. The Tribe's redesignation request and supporting documentation have been 

prepared consistent with statutory requirements and these guidance documents. 

1. "General Preamble for the Implementation of Title I of the Clean Air Act 

Amendments of 1990," April 16, 1992 (57 FR 13498), and supplemented on April 

28, 1992 (57 FR 18070). (General Preamble, 1992) 

2. "Procedures for Processing Requests to Redesignate Areas to Attainment," John 

Calcagni, Director, Air Quality Management Division, September 4, 1992. 

(Calcagni, September 1992) 

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3. "Part D New Source Review (part D NSR) Requirements for Areas Requesting 

Redesignation to Attainment," Mary D. Nichols, Assistant Administrator for Air 

and Radiation, October 14, 1994. (Nichols, October 1994) 

4. "Regional Consistency for the Administrative Requirements of State 

Implementation Plan Submittals and the Use of Letter Notices," Janet McCabe, 

Deputy Assistant Administrator, Office of Air and Radiation, April 6, 2011. 

(McCabe, April 2011) 

5. "Guidance to Regions for working with Tribes during the National Ambient Air 

Quality Standards (NAAQS) Designation Process," Stephen D. Page, Director, 

Office of Air Quality Planning and Standards, December 20,2011 (Page, 

December 2011) 

6. "Early Implementation of Contingency Measures for Ozone and carbon 

Monoxide (CO) Nonattainment Areas," G.T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, August 13, 1993 (Helms, August 1993). 

### 

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2. ATTAINMENT OF THE 1997 OZONE STANDARD 

A key criterion for redesignation is that the area has attained the NAAQS based on 

ambient air quality data. A description ofthe relevant monitoring data and a 

demonstration that Pechanga has attained the 1997 ozone NAAQS based on the resulting 

monitoring data are provided below. 

2.1 Ozone Monitoring In and Around the Pechanga Nonattainment Area 

The Tribe operates a single ambient monitoring station, continuously monitoring ambient 

ozone levels in compliance with federal requirements.33 The data generated at this 

monitor are used to define the nature and severity of ozone pollution in Pechanga, 

identify ozone pollution trends, and determine compliance with the ozone NAAQS. 

Ozone levels are continuously monitored at a number of other monitors near Pechanga. 

These monitors are operated by two air districts and one Tribe with jurisdiction over the 

area where they are located: 

• Lake Elsinore, South Coast AQMD; 

• Temecula (Winchester/Lake Skinner), South Coast AQMD; 

• Oceanside (Camp Pendleton), San Diego County APCD; and 

• Pala, Pala Band of Mission Indians. 

A map indicating the location of the ozone monitors operated in the Pechanga 

nonattainment area and vicinity is presented in Figure 2-1. 

Pursuant to federal requirements, the Tribe ensures the quality of the ambient ozone 

concentration data collected at its monitoring sites through analysis of precision and 

accuracy data. These ambient concentration data and quality assurance data are 

submitted to the EPA's ambient air quality database, the Air Quality System (AQS). 

3340 CFR Part 58, "Ambient Air Quality Surveillance." 

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Figure 2-1 

Ozone Monitors in Pechanga Nonattainment Area and Vicinity 

-13-
2.2 Methodology 

The method for demonstrating attainment of the 1997 ozone NAAQS is prescribed in 

federal regulation. 34 Attainment status is determined for each air quality monitoring site 

and is based on three consecutive calendar years of complete, quality-assured, and 

certified (or submitted and pending certification) monitoring data that have been recorded 

in EPA's AQS. 

In its simplest form, an attainment demonstration is relatively straightforward. For each 

monitor, the fourth-highest daily maximum 8-hour average ozone concentration in each 

of the past three consecutive years is recorded and then averaged over the three-year 

period. The highest resulting averaged value for all monitors in a region is known as the 

ozone "design value" for the region. The standard is attained when the region's design 

value is less than or equal to 0.08 ppm; values up to 0.084 ppm round down to 0.08. 

Averaging over a three-year period reduces the variable influence of year-to-year 

meteorology changes and thus better represents the air quality trend. 

EPA generally makes the determination of whether an area's air quality meets the ozone 

NAAQS based upon the most recent three years of complete, 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 are quality-assured if they meet the criteria for data quality contained in EPA's QA 

Handbook for Air Pollution Measurement Systems.35 

An ozone monitoring day is counted as a valid ozone monitoring day if 8-hour averages 

are available for at least 18 of the 24 possible 8-hour average periods that start within the 

day.36 For the purpose of judging compliance with the standard, a valid year must have 

valid 8-hour daily maximum ozone concentrations for at least 75 percent of the required 

monitoring days in the ozone season. (For California, the ozone season is JanuaryDecember.37

) All three years included in the analysis must average at least 90 percent 

data completeness for the data to support an attainment demonstration. 

Days with missing monitoring data may still be counted toward meeting the minimum 75 

percent data completeness requirement, but only ifthere is no clear pattern to the timing 

of the missing measurements and the missing measurements can be assumed to be less 

34 40 CFR 50.10 ("National Eight-Hour Primary and Secondary Ambient Air Quality Standards for 

Ozone"), and Appendix I to Part 50 ("Interpretation ofthe Eight-Hour Primary and Secondary National 

Ambient Air Quality Standards for Ozone"). 

3S EPA, Quality Assurance Handbook/or Air Pollution Control Measurement Systems, Volume II, Ambient 

Air Quality Monitoring Program, EPA-454/B-13-003, May, 2013 

36 EPA, Guideline on Data Handling Conventions/or the 8-Hour Ozone Standard, EPA-454-98-017, 

December 1998. 

37 40 CFR 58, Appendix D, Table D-3 

-14-
than the level of the NAAQS.38 Meteorological data, or ambient measurements from 

nearby monitoring sites, may be sufficient to demonstrate that missing ozone data at a 

particular monitoring location would not likely have exceeded the level of the standard. 

2.3 Determination of Attainment 

Pechanga's ozone attainment determination is summarized in Table 2-1 and is based on 

complete, quality-assured, and certified (or submitted and pending certification) 

monitoring data covering the three-year period January 1,2011, through December 31, 

2013. The data have been recorded in EPA's AQS database and are available for public 

reVIew. 

The Tribe operates a single ozone monitor that represents air quality for Pechanga. 

Pechanga's ozone monitor began operation in June 2008; however, EPA has raised 

questions regarding the validity of Pechanga's ozone measurements from at least January 

2010 through July 2011. In addition, there is a period of approximately 6 weeks in 

August/September of 20 13 when ozone measurements were made, but required precision 

checks were not performed. These ozone measurements are not considered valid for 

determination of attainment purposes. 

However, as discussed in Section 2.2, days with missing monitoring data may be counted 

toward meeting the minimum completeness requirement, if certain requirements are met. 

A demonstration that the requirements are met for the period August 11, 20 13-September 

20,2013 is presented in Appendix B. 

Temecula data for 2011 were used in the attainment demonstration in place of the 2011 

Pechanga data. As demonstrated in Appendix B, ozone concentrations at Temecula are 

reasonably similar in magnitude and timing to those at Pechanga, with a consistent 

tendency to be somewhat higher. As a result, the use of Temecula data to complete the 

Pechanga data set is conservative. 

Table 2-1 shows that Pechanga's current ozone design value39 (for the period 2011-2013) 

is 0.077 ppm at the Pechanga monitoring station, which is below the standard of 0.08 

ppm. Thus, the 1997 ozone NAAQS has been attained throughout the region. 

38 EPA, Guideline on Data Handling Conventions/or the 8-Hour Ozone Standard, EPA-454-98-017, 

December 1998, p. 3. 

39 The ozone air quality design value for a site is defined as the 3-year average annual fourth-highest daily 

maximum 8-hour average ozone concentration. 40 CFR Appendix I to Part 50. 

-15-
Table 2-1 

Annual Fourth Highest Daily Maximum 8-hour Ozone Concentrations for 

Pechanga Monitoring Station (ppm) 

Monitoring Station 2011 a 2012 2013 Ozone Design 

Valueb 

Pechanga; replace entire year 0.083 0.075 0.074 0.077 2011 with Temecula data 

a. Temecula monitoring data used in place of Pechanga monitoring data for 2011. 

b. The ozone design value is the three-year average of the 4th highest daily maximum 8-hour ozone 

concentrations for the monitoring site. 

### 

-16-
3. CLEAN AIR ACT COMPLIANCE 

Section 1 07(d)(3)(E)(v) of the CAA requires EPA to determine, before it can redesignate 

a nonattainment area to attainment, that the area has met all applicable requirements 

under section 110 and part 0 of the CAA. As demonstrated in the following sections, 

these requirements will have been fully met by the time EPA acts on this redesignation 

request and maintenance plan. 

3.1 Compliance with Clean Air Act Section 110 

Section 110 of the CAA identifies the following general Implementation Plan provisions: 

• Implementation Plan contains enforceable emission limitations; 

• Implementation Plan requires monitoring, compiling, and analyzing of ambient 

air quality data; 

• Implementation Plan requires preconstruction review of new or modified 

stationary sources; and 

• Implementation Plan provides for adequate funding, staff, and associated 

resources necessary to implement its requirements. 

Section 1 IO(k) of the CAA describes EPA's actions on Implementation Plans, including 

full approval, disapproval, conditional approval, and partial approval/partial disapproval. 

For a nonattainment area to be redesignated to attainment, the applicable Implementation 

Plan must be fully approved. 

EPA guidance indicates that approval action on SIP elements and the redesignation 

request may occur simultaneously.4o 

40 Calcagni, Procedures for Processing Requests to Redesignate Areas to Attainment, September 4, 1992. 

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For the purposes of this petition, Pechanga's implementation plan is comprised of three 

elements: the Tribal New Source Review rules,41 those portions ofthe California SIP 

that apply throughout the state in all areas where the State of California has jurisdiction 

and hence impact air quality in the Pechanga nonattainment area, and those portions of 

the Maintenance Plan presented below. 

3.1.1 Implementation Plan contains enforceable emission limitations 

The California State Air Resources Board has adopted a number of statewide measures 

that impact emissions and air quality in the Pechanga nonattainment area. These 

enforceable emission limitations have been incorporated into the California SIP and are 

listed in Appendix A. 

3.1.2 Implementation Plan requires monitoring, compiling, and analyzing of ambient 

air quality data 

The Tribe has established and maintains a regulatory monitor for ozone within the 

Pechanga non attainment area. The Tribe has committed to maintaining this monitor as 

part of its maintenance plan (see Section 5.1). EPA approval of the maintenance plan 

will make that commitment part of the implementation plan, satisfYing this requirement. 

3.1.3 Implementation Plan req uires preconstruction review of new or modified 

stationary sources 

This requirement is satisfied by the Tribal New Source Review Rules.42 EPA has 

determined that "air resources in Indian country will be protected in the manner intended 

by the Act by establishing a preconstruction permitting program for new or modified 

minor sources, minor modifications at major sources, and new major sources or major 

modifications in nonattainment areas. ,,43 

3.1.4 Implementation Plan provides for adequate funding, staff, and associated 

resources necessary to implement its requirements 

The Tribe's Environmental Department is responsible for the environmental protection of 

the Pechanga Indian Reservation. The Department is funded at a level sufficient to 

implement the requirements of the implementation plan, including the following: 

• Operation of the ambient ozone monitor; 

• Review ofNSR permits issued by EPA under the Tribal NSR rules; 

• Enforcement of applicable rules44 and permit conditions; and 

41 40 CFR 49.151 through 49.173. 

42 40 CFR 49.151 through 49.173. 

43 76 FR 38749 (July 1,2011) 

44 At present, the Tribe does not have any air quality rules requiring enforcement; however, the Tribe 

commits to maintain funding of the Department to implement and enforce any rules found to be necessary 

to comply with Federal requirements or to maintain the area's attainment status. 

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• Preparation of emission inventories. 

The Tribe commits to maintaining the funding necessary to meet the requirements of the 

maintenance plan. EPA is requested to include this commitment into the Tribe's 

implementation plan, satisfying this requirement. 

3.2 Compliance with Part D 

Part D identifies the following specific requirements for nonattainment area SIPs: 

• Reasonably Available Control Measure requirement (not applicable if attainment 

has been achieved); 

• Reasonable Further Progress Demonstration (not applicable if attainment has been 

achieved); 

• Comprehensive Emission Inventory; 

• New Source Review program; 

• Contingency Measures (not applicable if attainment has been achieved); and 

• Transportation Conformity. 

In the context of redesignations, EPA has interpreted requirements related to efforts to 

achieve attainment as not applicable for purposes ofredesignation.45 The requirements 

for reasonable further progress and other measures needed for attainment do not apply for 

redesignations because they only have meaning for areas not attaining the standard, and 

an area that is being redesignated must of necessity have attained the standard. The 

inapplicable Subpart D requirements are: Reasonably Available Control Measures, 

Reasonable Further Progress, and RFP Contingency Measures. 

3.2.1 Reasonably Available Control Measure Requirement 

This requirement is not applicable because attainment has been achieved. 

3.2.2 Reasonable Further Progress Demonstration 

This requirement is not applicable because attainment has been achieved. 

45 Calcagni, Procedures for Processing Requests to Redesignate Areas to Attainment, September 4, 1992. 

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3.2.3 Comprehensive Emission Inventory 

This requirement is satisfied by the Attainment Inventory (See Section 5.1 below).46 

3.2.4 New Source Review Program 

This requirement is satisfied by the Tribal New Source Review Rules.47 EPA has 

determined that "air resources in Indian country will be protected in the manner intended 

by the Act by establishing a preconstruction permitting program for new or modified 

minor sources, minor modifications at major sources, and new major sources or major 

modifications in nonattainment areas. ,,48 

3.2.5 RFP Contingency Measures 

This requirement is not applicable because attainment has been achieved. However, even 

though nonattainment plan contingency measures are not required, maintenance plan 

contingency measures are still applicable. See Section 5.7. 

3.2.6 Transportation Conformity 

For purposes of redesign at ion, Implementation Plans must be fully approved only with 

respect to applicable requirements, in accordance with section 1 07( d)(3)(E)(ii). The 

section 110 and part D requirements that are linked with a particular area's designation 

and classification are the relevant measures to evaluate in reviewing a redesignation 

request.49 The section 110 elements not connected with non attainment plan submissions 

and not linked with an area's attainment status are not applicable requirements for 

purposes of redesignation, because the Tribe will still be subject to these requirements 

after the affected ozone planning area is redesignated. 

The 1997 ozone NAAQS was revoked for the limited purpose of transportation 

conformity requirements.50 Revocation occured 1 year after the effective date of the 

initial area designation for each area for the 2008 ozone NAAQS.51 EPA's approach 

resulted in only one ozone NAAQS-the more protective 2008 ozone NAAQSapplying for purposes of transportation conformity, after the end of the I-year 

transportation conformity grace period that applies to newly designated nonattainment 

areas. Otherwise, areas currently in nonattainment or maintenance for the 1997 ozone 

NAAQS that are designated nonattainment for the 2008 ozone NAAQS would be 

required to implement the transportation conformity program for both the 1997 and 2008 

46 Calcagni, Procedures for Processing Requests to Redesignate Areas to Attainment, September 4, 1992. 

47 40 CFR 49.151 through 49.173. 

48 76 FR 38749 (July 1,2011) 

49 78 FR 17906 (March 25, 2013), FN II. 

50 77 FR 30162 (May 21,2012) 

51 For Pechanga, the revocation was effective on July 20, 2013, one year after the effective date of its 

designation for the 2008 ozone NAAQS. 

-20-
ozone NAAQS concurrently.As a result of the revocation, transportation conformity is no 

longer an applicable requirement under the 1997 8-hour ozone NAAQS. 

### 

-21-
4. ATTAINMENT IS DUE TO PERMANENT AND ENFORCEABLE 

EMISSION REDUCTIONS 

To be redesignated, the area's attainment must have resulted from permanent and 

enforceable emissions reductions. According to EPA guidance,52 "[a]ttainment resulting 

from temporary reductions in emission 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. " 

As demonstrated below, notwithstanding the recent economic downturn,S3 the emission 

reductions that were responsible for Pechanga attaining the 1997 ozone NAAQS are not 

temporary, and the meteorology during the attainment period was not unusually 

favorable. Rather, attainment resulted from the effective combination oflocal and state 

measures submitted into the California ozone SIP and federal measures, all of which 

provided permanent and enforceable reductions of VOC and NOx emissions. 

4.1 Permanent, Enforceable Emission Reductions 

EP A policy and longstanding practice allows states/tribes to demonstrate permanent and 

enforceable emission reductions by comparing emissions occurring during the 

nonattainment period (represented by emissions during one of the years in the three-year 

period used to designate an area as nonattainment) with emissions occurring during the 

attainment period (represented by emissions during one of the three attainment years). 

As discussed above, the Pechanga nonattainment area boundaries have been established 

only recently. Previously, the Pechanga reservation was within the southeast comer of 

the South Coast Air Basin. Pechanga's classification as a "severe-I 7" nonattainment area 

was based on South Coast's classification for the 1997 8-hour standard. This 

classification was based on the design values at numerous locations in the Air Basin. For 

52 Calcagni, Procedures for Processing Requests to Redesignate Areas to Attainment, September 4, 1992. 

53 The recent economic recession began in December 2007 and ended, by some measures, in June 2009 (the 

last quarter of contracting Gross Domestic Product), according to the National Bureau of Economic 

Research. Its effects are still being felt in many parts of the economy. 

-22-
example, the 2002-2004 weighted design value54 for the Lake Elsinore monitoring station 

was 0.106 ppm. 55 

Ozone concentrations in Pechanga are overwhelmingly impacted by transport from the 

South Coast Air Basin. This is indicated, for example, by the relative magnitude of the 

ozone precursor emissions within Pechanga's borders (see Table 4-1) compared with 

ozone precursor emissions from the South Coast Air Basin. For this reason, the South 

Coast inventory is the principal inventory used to demonstrate that Pechanga's attainment 

of the standard is the result of permanent enforceable reductions. A parallel 

demonstration is made for the San Diego inventory, because of that area's potential to 

contribute to ozone formation in Pechanga. 

Air quality control in California is a shared responsibility among Tribal, local, State, and 

federal agencies. Local air districts regulate emissions from non-mobile (stationary) 

sources, such as stationary industrial and commercial sources, and some area-wide 

sources such as coatings and industrial solvents. At the State level, ARB adopts 

measures to reduce emissions from on-road motor vehicles, off-road vehicles and 

equipment, fuels, and some consumer products. At the federal level, EPA regulates offroad equipment and mobile sources such as ships, trains, aircraft, and out-of-state 

vehicles, as well as some consumer products. 

The percent emissions reductions achieved between the 2000 base year and the 2012 

attainment year from permanent and enforceable emissions control programs were 

calculated following EPA guidance,56 and the results are presented in Table 4-1. 

As indicated in Table 4-1, emissions reductions between 2000 and 2012 resulted from a 

variety of local, state and federal control measures. The emission reduction percentages 

presented in Table 4-1 are calculated relative to the 2000 base year region-wide 

emissions. For the South Coast, overall VOC emissions were reduced by 50% and NOx 

emissions were reduced by 53% from the 2000 base year to 2012. For San Diego, overall 

VOC emissions were reduced by 35% and NOx emissions were reduced by 47% from the 

2000 base year to the 2012 attainment year. 

Pechanga has one stationary source of ozone precursor emissions, the Pechanga Resort & 

Casino, within the tribal boundaries. The increase in NOx emissions shown in Table 4-1 

for Pechanga is due to the annual variability of fuel use at this single facility. Other 

sources of ozone precursor emissions include local traffic to and from the casino/resort, 

parking structures, golf course, gas station, and a recreational vehicle (RV) park. As 

shown in Table 5-2, ozone precursor emissions within Pechanga are less than 0.02 tons 

per day. 

Table 4-1 also shows that emissions within the Pechanga reservation are insignificant 

when compared with emissions from South Coast (2012 SoCAB emissions are 50,000 

54 The weighted design value is the average of the annual design values for the three years. 

55 SCAQMD, Final 2007 AQMP, Appendix Y, p. Y-4-5 

56 Calcagni, Procedures for Processing Requests to Redesignate Areas to Attainment, September 4, 1992. 

-23-
times those ofPechanga; Riverside County emissions are 8,000 times those ofPechanga). 

Furthennore, the density of ozone precursor emissions within the Pechanga Reservation 

is about 1/50th ofthat in the San Diego Air Basin or in the Riverside County portion of 

the South Coast Air Basin. 57 

Regional totals (the sum of emissions in Riverside and San Diego counties, plus 

Pechanga) are also shown in Table 4-1. 

Table 4-1 

2000-2012 Reductions in Summer Season Precursor Emissions (Tons Per Day) 

South Coast Air Basin"' b 

Source %VOC NOx %NOx 

Category Jurisdiction VOC2000 VOC 2012 Reduction NOx 2000 2012 Reduction 

Consumer Solvent ARB 106.2 85.2 20% Products -- -- --

On-Road Motor Vehicles ARB 381.7 136.4 64% 645.9 283.2 56% 

Non-Road Mobile Sources ARB & 207.1 136.0 34% 235.7 139.5 41% EPA 

Stationary & Area Sources SCAQMD 298.9 138.9 54% 159.9 65.2 59% 

Total 993.9 496.5 50% 1,041.5 487.9 53% 

Riverside County (portion within SoCAB)b.c 

Source %VOC NOx %NOx 

Category Jurisdiction VOC2000 VOC 2012 Reduction NOx 2000 2012 Reduction 

Consumer Solvent ARB 8.6 8.5 1% Products -- --

On-Road Motor Vehicles ARB 32.0 17.6 45% 65.9 38.6 

Non-Road Mobile Sources ARB & 17.5 13.5 23% 20.8 14.6 EPA 

Stationary & Area Sources SCAQMD 26.0 15.6 40% 8.4 4.6 

Total 84.1 55.2 34% 95.1 57.8 

57 Macarro. Request to Create a Separate Nonattainment Areafor the Pechanga Indian Reservation or, 

Alternatively, Move the Northern Boundary of the San Diego Nonattainment Area to Include the 

Reservation of the Pechanga Band ofLuiseno Indians, June 23, 2009, Attachment A, p. 14. 

-24-

--

41% 

30% 

45% 

39% 
Table 4-1 

2000-2012 Reductions in Summer Season Precursor Emissions (Tons Per Day) 

San Diego Countye 

Source VOC2000 VOC 2012 %VOC NOx 2000 NOx %NOx 

Category Jurisdiction Reduction 2012 Reduction 

Consumer Solvent ARB 21.8 17.5 20% Products -- -- --

On-Road Motor Vehicles ARB 80.4 29.9 63% 133.3 63.9 52% 

Non-Road Mobile Sources ARB & 56.4 40.6 28% 43.6 32.1 26% EPA 

Stationary & Area Sources SCAQMD 49.1 47.5 3% 15.6 6.6 58% 

Total 207.7 135.5 35% 192.5 102.6 47% 

Pechanga Nonattainment Aread,e 

Source VOC 2006 VOC 2012 %VOC NOx 2006 NOx %NOx 

Category Jurisdiction Reduction 2012 Reduction 

Consumer Solvent ARB 0.0032e 0.0025e 22%- Products -- -- --

On-Road Motor Vehicles ARB 0.0113e 0.0040< 64% 0.0192e 0.0084e 56% 

Non-Road Mobile Sources ARB & 0.0061 e 0.0040e 34% 0.0070e 0.0041 e 41% EPA 

Stationary & Area Sources Pechanga 

Tribe 0.0049 0.0022 55% 0.012 0.016 -33% 

Total 0.0255 0.0128 50% 0.0382 0.0285 25% 

Regional Totals (Riverside + San Diego + Pechanga) 

Source VOC 2006 VOC 2012 %VOC NOx 2006 NOx %NOx 

Category Jurisdiction Reduction 2012 Reduction 

Consumer Solvent ARB 30.4 26.0 14% Products -- -- --

On-Road Motor Vehicles ARB 112.4 47.5 58% 199.2 102.5 49% 

Non-Road Mobile Sources ARB & 73.9 54.1 27% 64.4 46.7 27% EPA 

Stationary & Area Sources Local 

Agency 75.1 63.1 16% 24.0 11.2 53% 

Total 291.8 190.7 35% 287.6 160.4 44% 

a. Inventory data from CARB's CEPA: 2013 Almanac - Standard Emissions Tool. 

b. South Coast Air Basin totals include Riverside County. 

c. Inventory data from CARB's CEPA: 2013 Almanac - Standard Emissions Tool. 

d. Pechanga emission inventory for on-reservation sources only (by Sierra Research). 

e. Scaled from South Coast emissions based on relative population (467/15,735,186). 

-25-
4.2 Emission Reductions Not Temporary 

Emission reductions occurring during the recent recession could be considered only 

temporary, and to be contributing to temporary ozone attainment, if the ensuing economic 

recovery were to bring emissions increases back up to levels that would cause 

nonattainment in the maintenance period (through 2025). However, as illustrated in 

Figures 4-1 and 4-2, total region wide ozone-precursor emissions are projected to 

continue declining throughout the maintenance period due to the existing emissions 

control program, even considering the forecast recovery from the recession58 and ongoing 

growth in popUlation and motor vehicle use. In fact, much of the emissions reduction 

benefit of the adopted rules and regulations has yet to be realized and is projected to 

occur during the maintenance period, 59 due to the continued replacement of older 

vehicles, engines, and equipment with newer units subject to more stringent emission 

control requirements. These trends support the conclusion that the emission reductions 

that provided for ozone attainment are not temporary, but are permanent and enforceable. 

Figure 4-1 

South Coast Basin 

VOC + NOx Emission Reductions Despite Growth 

58 ARB's emissions projections presented in this document assume the economy is starting to recover and 

will fully rebound sometime between 2017 (faster recovery scenario) and 2023 (slower recovery scenario). 

Rather than rely on either recovery scenario, ARB assumed a middle case between the two forecasts. 

59 See, for example, ARB, Appendix to the June 27,2012 Draft Visionfor Clean Air: A Frameworkfor Air 

Quality and Climate Planning, August 20,2012, p. 7, showing a projected 40% reduction of NO x 

emissions in the South Coast by 2025 under the Business as Usual scenario. 

-26-
2000 

1800 

1600 

1400 

1200 

1000 

800 

600 

400 

200 

o 

~ 

... 

"'>{ 

" ~ "7' 

a 2: :* • :Ill. 

2010 2015 2020 2025 2030 

_ Population/10,000 

-'-Daily VMT /1,000,000 

Summer VOC + Nox 

Source: ARB, Almanac of Emissions and Air Quality, 2013 Edition, Appendix C 

2000 

1800 

1600 

1400 

1200 

1000 

800 

600 

400 

200 

o 

-

-

-

Figure 4-2 

San Diego County 

VOC + NOx Emission Reductions Despite Growth 

- ~ 

J . I , 2010 2015 

- - - 1 - I 

2020 2025 

-

~. 

2030 

I 

_ Population/10,000 

-'-Daily VMT /1,000,000 

Summer VOC + Nox 

Source: ARB, Almanac of Emissions and Air Quality, 2013 Edition, Appendix C 

-27-
4.3 Meteorology Not Unusually Favorable 

The ozone concentrations that occur at a given location and time period depend both on 

ozone-precursor emission levels and on meteorological conditions. Consequently, even if 

ozone-precursor emissions remain constant, the maximum ozone concentration will vary 

from one period to the next due solely to the random nature of meteorological factors that 

affect ozone formation and dispersion.6o 

The 1997 ozone NAAQS is based on a three-year averaging period, designed to minimize 

the effect of a single extreme year caused by unusual weather conditions and to more 

properly reflect the effect of changes in precursor emissions. By its very nature, the form 

of the standard helps ensure that attainment resulted from emission reductions and not 

from unusually favorable meteorology. 

Notwithstanding the inherent safeguard in the standard itself, meteorological parameters 

correlated with ozone formation were analyzed to verify attainment did not result from 

unusually favorable meteorology during the three-year attainment period. Temperature is 

a principal determinant of ozone formation, such that higher ozone concentrations occur 

more frequently on warmer days and lower concentrations occur more frequently on 

cooler days. Thus, the Tribe reviewed historical temperature records to verify that the 

2011-2013 attainment period was not unusually cool. 

Specifically, April-to-October "ozone season,,61 average daily maximum temperatures at 

Elsinore62 

were calculated for each year from 1994 through 2013. Then, to reflect the 

three-year measurement period of the ozone NAAQS, three-year temperature averages 

were calculated for the three-year periods ending with each year from 1996 through 2013. 

An overall long-term, 20-year average was also calculated for the entire 1994-2013 

period, to establish the temperature norm. Finally, the difference between each threeyear average and the long-term average was calculated, to determine the extent to which 

each three-year period deviated from the norm. The results are presented in Table 4-2. 

The temperatures presented in the table were measured at Elsinore, which is the NOAA 

climate station closest to Pechanga. 

60 These factors include daily maximum temperature, average relative humidity, incoming solar radiation 

levels, and average wind speed and direction. 

61 For the purposes of determining whether ozone data are complete, the ozone season in California is 

defined as January-December. However, historical data for the area indicates that ozone concentrations 

above the NAAQS are very unlikely during the cooler months. For this reason, a comparison of 

temperatures during the warmer months, rather than year-round, is a better indicator of whether peak ozone 

concentrations have been suppressed by unusually cold weather. 

62 Elsinore is the nearest NOAA climate station. www.ncdc.noaa.gov, accessed March 7, 2014 

-28-
Table 4-2 

Elsinore Three-Year Average Ozone Season Daily Maximum Temperatures 

(Degrees Fahrenheit) 

I Three-Year Period I Elsinore Temperature (OF) I Deviation COF) I 

1994 - 1996 90.1 0.0 

1995 - 1997 90.0 -0.1 

1996 - 1998 88.8 -1.3 

1997 - 1999 88.4 -1.7 

1998 - 2000 88.5 -1.S 

1999 - 2001 90.3 0.2 

2000 - 2002 90.2 0.2 

2001 - 2003 90.2 0.2 

2002 - 2004 89.4 -0.7 

2003 - 2005 89.6 -0.5 

2004 - 2006 90.0 -0.1 

200S - 2007 91.S I.S 

2006 - 2008 92.9 2.9 

2007 - 2009 91.8 1.7 

2008 - 2010 89.8 -0.2 

2009 - 2011 88.0 -2.0 

2010 - 2012 89.3 -0.8 

2011 - 2013 90.6 O.S 

Long-Term Average 

1994-2013 90.1 --

.. 80 evlatlOn IS the dIfference between the 3-year average temperature and the 20-year average temperature of 

90.1 OF. 

As indicated in Table 4-2, the three-year average daily maximum temperature for the 

2011-2013 attainment period (90.6°F), is slightly warmer (O.SOF) than the long-term 

average (90.1 OF). Seven previous three-year periods which were nonattainment for the 

1997 standard were at least O.soF cooler than the attainment period. Thus, the 

temperature records (as well as the nature of the standard itself, as described above) 

support the conclusion that attainment did not result from unusually favorable (cooler) 

meteorology during the three-year attainment period. 

### 

-29-
5. MAINTENANCE PLAN 

For purposes of redesign at ion, the Tribe must have an EPA-approved Maintenance Plan, 

pursuant to CAA section 175A, demonstrating that the area will maintain compliance 

with the 1997 ozone NAAQS for at least 10 years after redesignation to attainment, and 

specifying contingency measures to be implemented if a violation is monitored at any 

time during the 1 O-year maintenance period. EPA policy guidance63 requires, in addition 

to the maintenance demonstration and contingency measures, that the maintenance plan 

must also identify the attainment inventory, and commit to continued air quality 

monitoring and verification of continued attainment. As demonsLraLed in the following 

sections, the Maintenance Plan presented in this petition complies with the requirements 

of the CAA and EPA policy guidance. 

5.1 Attainment Inventory 

The Maintenance Plan must identify the total region wide level of ozone-precursor 

emissions that provided for attainment. Because the standard was attained in 2011-2013, 

total daily VOC and NOx emissions in 2012 represent the Attainment Inventory (see 

Table 5-1). 

63 Calcagni, Procedures for Processing Requests to Redesignate Areas to Attainment, September 4, 1992. 

-30-
Table 5-1 

Ozone Attainment Inventory (Summer 2012) 

(Tons per Day) 

Pollutant VOC NOx 

South Coasta 496.5 487.9 

Riverside County 

(portion withing 55.2 57.8 

SoCAB)a 

San Diegoa 135.5 102.6 

Pechangab 0.013 0.029 

Regional 

(Riverside + 190.7 160.4 San Diego + 

Pcchanga) 

a. Inventory data from CARB's CEPA: 2013 Almanac -Standard 

Emissions Tool. 

b. Pechanga emission inventory for on-reservation sources only (by 

Sierra Research). 

For the purposes of establishing an attainment inventory for this demonstration, the Tribe 

proposes to use the 2012 summer inventory maintained by CARB. 

5.2 Maintenance Demonstration 

The Maintenance Plan must include a demonstration that the standard will be maintained 

for at least 10 years after the effective date ofredesignation.64 To accommodate time for 

EPA to process the redesignation request and maintenance plan, the Maintenance Plan 

horizon year is 2025, providing a maintenance period of at least 10 years from the future 

effective date of redesign at ion, which is expected to be not later than January 1,2015. 

The Ozone Attainment Inventory of ozone precursors (Table 5-1) represents the region 

wide emissions level that was sufficient to attain the 1997 ozone NAAQS. Maintenance 

is demonstrated by showing that projected future emissions levels through the 

maintenance period will not exceed the 2012 Attainment Inventory.65 Specifically, South 

Coast VOC emissions must stay at or below 496.5 tons per day and NOx emissions must 

64 CAA Section 17SA(a). 

65 As discussed below, ozone precursor emissions within the Pechanga reservation are a very small fraction 

of those from the adjacent air basins. The density of ozone precursor emissions within the Pechanga 

reservation is about lIS0lh that of the adjacent air basins. For this reason, emission projections for adjacent 

air basins are critical to the maintenance demonstration, while emission projections for Pechanga 

reservation are inconsequential. 

-31-
stay at or below 487.9 tons per day for the entire maintenance period. San Diego VOC 

emissions must stay at or below 135.0 tons per day and NOx emissions must stay at or 

below 102.6 tons per day for the entire maintenance period. 

Future emissions levels are forecasted by adjusting the attainment year emissions 

inventory to reflect projected growth in emitting activities and additional control of 

emission rates that will be provided by continued implementation of the existing federal, 

state, and local emissions control regulations. Growth in emitting activities is projected 

based on forecasted growth in socio-economic factors such as population, employment, 

industrial production, and vehicle miles of travel. Emission estimates in Table 5-2 for 

South Coast, Riverside County, and San Diego County are from CARB's 2013 Almanac. 

Future emissions for Pechanga have been forecast by Sierra. Vehicle and consumer 

product emissions for Pechanga were scaled to South Coast Air Basin projections, based 

on relative population. These emission categories are directly affected by statewide 

programs implemented by CARB. 

Stationary VOC emissions for Pechanga are projected to remain at 2012 levels, and 

stationary NOx emissions are projected to increase by 33%. These projections are based 

upon a determination that no significant new stationary sources are expected to be 

constructed on tribal lands. The NOx increase is based on a projection that operation of 

combustion sources at the casino will increase, then level off at a higher level. This is an 

extremely conservative assumption. 

As indicated in Table 5-2, total region wide emissions of VOC and NOx will steadily 

decline through the maintenance period due to the existing emissions control program 

(despite forecasted growth in population, employment, and travel), to well below the 

levels that provided for attainment. Table 5-2 also shows that emissions within the 

Pechanga reservation are insignificant when compared with emissions from the South 

Coast and San Diego areas. Furthermore, the density of ozone precursor emissions 

within the Pechanga Reservation is about 1/50th of that in the San Diego Air Basin or in 

the Riverside County portion of the Southern California Air Basin.66 

As shown in Table 5-2, South Coast ozone precursor emissions are projected to decrease 

by 58.5 tons per day (12 %) for VOC and 168.9 tons per day (35%) for NOx, relative to 

the 2012 Attainment Inventory. San Diego County ozone precursor emissions are 

projected to decrease by 4.4 tons per day (3 %) for VOC and 14.8 tons per day (14%) for 

NOx, relative to the 2012 Attainment Inventory. Consequently, future violations of the 

ozone standard are not anticipated and maintenance is thus demonstrated. 

66 Macarro, Request to Create a Separate Nonattainment Areafor the Pechanga Indian Reservation or, 

Alternatively, Move the Northern Boundary of the San Diego Nonattainment Area to Include the 

Reservation of the Pechanga Band ofLuiseno Indians, June 23, 2009, Attachment A, p. 14. 

-32-
Table 5-2 

Ozone Maintenance Demonstration 

2012-2025 Maintenance Period 

Projected Inventory of Ozone Precursors (Tons per Day) 

Average Total Daily Emissions 

Pollutant 2012 2015 2020 2025 

South Coast Air Basina 

VOC 496.5 456.8 424.1 414.8 

NOx 487.9 430.8 343.4 280.1 

Riverside County (portion with SoCAB)a 

VOC 55.1 53.2 52.5 53.7 

NOx 57.8 51.5 40.9 31.4 

San Diego Countya 

VOC 135.6 127.7 121.6 118.7 

NOx 104.3 88.8 67.0 54.1 

Pechangab 

VOC 0.013 0.013 0.012 0.011 

NOx 0.029 0.029 0.028 0.028 

Regional (Riverside + San Diego + Pechanga) 

VOC 190.7 180.9 174.1 172.4 

NOx 162.1 140.3 107.9 85.5 

Note: Emissions data are based on a 2012 base year and reflect "summer 

day." The data assume no emissions reductions from NSR or Title V 

permit programs. 

a. Inventory data and projections from CARB's CEPA: 2013 AlmanacStandard Emissions Tool. 

b. Pechanga emission inventory for on-reservation sources only (by Sierra 

Research). 

5.3 Transportation Conformity Emissions Budgets 

The CAA requires transportation planning to be consistent with air quality goals. This is 

determined through the federally mandated transportation conformity process. 

-33-
The federal transportation conformity regulation67 requires the Maintenance Plan to 

specify on-road motor vehicle emissions "budgets" for the horizon year and any interim 

milestone years. The emissions budgets represent the maximum allowable levels of NO x 

and VOC emissions from on-road vehicle travel on the region's transportation system 

that will conform to the Maintenance Plan.68 Emissions projected to result from 

implementation of the long-range regional transportation plan (RTP) and shorter-term 

regional transportation improvement program (R TIP) may not exceed these emissions 

budgets. 

Conformity determinations must be made by the San Diego Association of Governments 

(SANDAG) and the Southern California Association of Governments (SCAG) at least 

every four years, but may occur more frequently if their RTP or RTIP is updated or 

amended (with non-exempt projects) more frequently. Also, conformity determinations 

must be made within two years after emissions budgets are found adequate or approved 

by EPA, whichever is first. Conformity determinations are subject to final approval by 

the U.S. Department of Transportation. 

South Coast's vehicle emissions budgets are established in SCAG's Transportation 

Conformity Determination (Table 5_3).69 The 2025 emissions budgets will also apply to 

all post-2025 future transportation conformity analysis years, as authorized in the federal 

transportation conformity regulation, unless they are revised and submitted to EPA, and 

found adequate or approved by EPA. 70 

San Diego's vehicle emissions budgets are established in San Diego's Ozone 

Maintenance Plan for the 2025 horizon year and an interim year, 2020 (Table 5_3).71 The 

2025 horizon year emissions budgets will also apply to all post-2025 future transportation 

conformity analysis years, as authorized in the federal transportation conformity 

regulation. 72 

The emissions budgets presented in Table 5-3 represent the on-road motor vehicle 

emissions levels projected for the target years, as determined using ARB's EMF AC20 11 

on-road motor vehicle emissions estimation model, with travel activity forecasts by 

SCAG (for South Coast) and SANDAG (for San Diego). To account for imprecision and 

potential future adjustments in the on-road motor vehicle emissions modeling process, the 

San Diego emissions budgets were derived from EMFAC2011 estimates by rounding up 

to the next whole number (tons), and adding two. 

67 40 CFR 93 ("Determining Conformity of Federal Actions to State or Federal Implementation Plans"). 

68 40 CFR 93.118 ("Criteria and Procedures: Motor Vehicle Emissions Budget"). 

69 SCAG, Transportation Conformity Determination/or the Morongo, Pechanga, and Rest o/South Coast 

Air Basin Nonattainment Areas/or the 2008 8-Hour Ozone National Ambient Air Quality Standards 

(NAAQS), April 2013 

70 40 CFR 93 .1 18(b )(2) ("Criteria and Procedures: Motor Vehicle Emissions Budget"). 

71 San Diego County Air Pollution Control District, Redesignation Request and Maintenance Plan/or the 

1997 National Ozone Standard/or San Diego County, December 5, 2012, p. 5-3. 

72 40 CFR 93 .118(b )(2) ("Criteria and Procedures: Motor Vehicle Emissions Budget"). 

-34-
Table 5-3 

On-Road Motor Vehicle Emissions Budgets 

Ozone Maintenance Period 

(Tons Per Day) 

Pollutant VOC NOx 

South Coast, 2020 108 185 

South Coast, 2025 and later 99 140 

San Diego, 2020 23 38 

San Diego, 2025 and later 21 30 

The San Diego budgets are environmentally wnst:rvali ve in that they are substantially 

lower (more stringent) than the 2012 onroad emissions levels needed to provide for 

maintenance of the 1997 ozone NAAQS. By requiring future reductions in emissions 

from on-road vehicle travel, these budgets readily provide for such maintenance, as well 

as continue progress toward attaining the more stringent 2008 ozone NAAQS. 

5.4 Maintenance Strategy 

The State measures that have been submitted into the Ozone SIP and the federal measures 

that control VOC and NOx emissions are listed in Appendix B. 

It is important to recognize that the most significant contributions to ozone concentrations 

in Pechanga are the result of emissions in neighboring South Coast and San Diego air 

basins. Both of these areas are currently ozone nonattainment areas. As an ozone 

nonattainment area, the South Coast must continue to reduce emissions in its efforts to 

attain the 2008 8-hour ozone standard and, due to the overwhelming contribution of 

transported pollutants from the South Coast Air Basin to ozone levels on Pechanga Tribal 

Lands, those reductions will prove beneficial in maintaining low ozone levels at 

Pechanga. In addition, in its recently approved Ozone Maintenance Plan, San Diego 

committed to maintaining both VOC and NOx inventories at or below the levels in its 

2011 attainment inventory. Due to the existing control program, San Diego projects a 

significant decrease in regional emissions of both pollutants over the next 25 years, even 

considering growth in popUlation and economic activity. 

Because ozone levels in Pechanga are overwhelmingly the result of emissions in the 

South Coast and San Diego air basins, and because both of these areas are committed to 

continued reductions in ozone precursor emissions, it is expected that ozone levels in 

Pechanga will continue to decline. As shown in Table 5-2, regional emissions of VOC 

-35-
and NOx are expected to decline between now and 2025. 

5.5 Continued Monitoring 

The Tribe commits to continue operating the ambient ozone monitor, quality assuring the 

resulting monitoring data, and entering all data into the AQS in accordance with federal 

requirements and guidelines. Should changes in the location of an ozone monitor become 

necessary, the Tribe commits to work with EPA to ensure the adequacy of the monitoring 

network. 

5.6 Verification of Maintenance 

The Tribe commits to annually reviewing ozone monitoring data from the three most 

recent, consecutive years to verify continued attainment of the 1997 ozone NAAQS 

through the maintenance period. 

5.7 Contingency Plan 

Despite best efforts to ensure continued compliance with the 1997 ozone NAAQS, it is 

possible, although not anticipated, that future ambient ozone concentrations could violate 

the NAAQS. Therefore, pursuant to the CAA, section 175A(d), the Maintenance Plan 

must identify contingency measures to be implemented to correct any future violation 

that might occur after the region has been redesignated to attainment. Specifically, the 

Maintenance Plan must identify the contingency measures to be considered for possible 

adoption, a schedule and procedure for adoption and implementation of the selected 

contingency measures, and a time limit for action. It must also identify specific 

indicators or triggers to be used to determine when the contingency measures need to be 

adopted and implemented. 

Typically, contingency measures are held in reserve, to be adopted and implemented only 

if an area violates the standard (or exceeds another identified trigger level) in the future. 

However, California's on-going emissions control program creates a unique situation, 

allowing this Maintenance Plan to identify a set of recently adopted ARB mobile source 

control regulations---collectively referred to as California's Advanced Clean Cars 

Program-that will be implemented throughout the maintenance period as a contingency 

measure that will be implemented regardless of monitored ozone levels. EPA policy 

allows an area to adopt contingency measures early, even though the measures are not 

necessary for the attainment demonstration or to meet RFP, and to continue to treat them 

-36-
as contingency measures for planning purposes.

73 It is not necessary to adopt additional 

contingency measures to backfill for the early activation of contingency measures. 

The Advanced Clean Cars Program, adopted on January 27, 2012,74 will progressively 

tighten emissions control requirements for motor vehicles through model year 2025, and 

thus will provide additional emissions reductions year after year during the maintenance 

period, over and above those that provided for attainment and beyond those that are relied 

on in this petition to demonstrate maintenance. Since the Advanced Clean Cars Program 

was not reflected in EMF AC20 11, and the emissions inventory used for the maintenance 

demonstration in this petition is based on EMF AC20 11, the emission reductions from the 

Advanced Clean Cars Program are surplus to the maintenance demonstration, and 

therefore are eligible as a contingency measure. 

This contingency measure will provide significant continuing emissions reductions in the 

areas surrounding the Pechanga nonattainment area throughout the maintenance period 

(and for some time thereafter), and thus provide adequate additional reductions to address 

the CAA's contingency requirements. Therefore, if a new violation were to occur during 

the maintenance period, continuing additional emissions reductions are projected to 

ensure any violation will be quickly corrected and then provide for continued 

maintenance of the 1997 ozone NAAQS in Pechanga throughout the maintenance period. 

Additionally, CAA Section 175A(d) requires that the contingency measures include a 

commitment that, should there be a violation after redesignation to attainment, the region 

will implement all control measures contained in its Ozone Nonattainment 

Implementation Plan prior to redesignation. However, there is no Ozone Nonattainment 

Plan for Pechanga, as such. Therefore, there are no deferred Implementation Plan 

measures to transfer into the contingency plan. 

In addition to the above contingency measures, in the event of a monitored violation of 

the 1997 ozone NAAQS that is based on complete, quality-assured, and certified (or 

submitted and pending certification) monitoring data, the Tribe commits to work with 

EPA to ensure the expeditious adoption, submittal as an Implementation Plan revision, 

and implementation of any additional necessary and appropriate measure(s) needed to 

promptly correct the violation. Potential selection of additional contingency measures 

will be based on considerations such as emission reduction potential, cost effectiveness, 

and other environmental, economic, legal, social, technological, and energy factors 

prevailing in the region. 

### 

73 Helms, Early Implementation o/Contingency Measures/or Ozone and Carbon Monoxide (CO) 

Nonattainment Areas, August 13, 1993. 

74 On January 9, 2013, EPA approved CARB's request for a waiver of preemption under section 209(b) for 

its ACC regulations. See 78 FR 2112. 

-37-
APPENDIX A 

State and Federal Emission Control Programs 
Table A-I 

ARB Ozone Precursor Emission Reduction Measures 3 

Measure Date of Adoption Date Sent to U.S. EPA Current Status 

Modifications to Refonnulated June 14,2007 Feb. 3,2009 Approved 75 FR 26653, 

Gasoline May 12,2010. 

Vapor Recovery for Above-Ground June 21, 2007 June 12, 2008 Storage Tanks 

I 

Consumer Products Program Approved: 74 FR 57074, 

- 2008 Amendment June 26, 2008 Feb. 16,2010 November 4, 2009; 

- 2009 Amendment Sept. 24, 2009 Jan. 28, 2011 76 FR 27613, May 12, 

2011; 77 FR 7535, 

February 13,2012. 

Additional Evaporative Emission Sept. 25, 2008 May 2, 2011 Standards 

Portable Outboard Marine Tanks Sept. 25, 2008 May 2, 2011 

Smog Check Improvements Elements approved 75 FR 

Aug. 31, 2009 Oct. 28, 2009 38023, July 1, 

2010. 

Pesticides Element Oct. 12, 2009 Aug. 2, 2011 

Cleaner In-Use Heavy-Duty Trucks Dec. 16,2010 Sept. 21, 2011 Approved 77 FR 20308, 

April 4, 2012. 

A-I 
Cleaner In-Use Off-Road Equipment Dec. 17,2010 Sept. 21, 2011 Waiver decision pending. 

a. Source: San Diego County Air Pollution Control District, Redesignation Request and Maintenance Plan/or the 1997 National Ozone 

Standard/or San Diego County, December 5, 2012, Appendix B. 

A-2 
Table A-2 

Air Resources Board SIP Control Measures (1994-2006) 

Air Resources Board Action Date 

In-Use Diesel Agricultural Engine Requirements 2006 

Consumer Product Lower Emission Limits 2006 

Zero Emission Bus Rule Amendments 2006 

Off-Highway Recreational Vehicle Regulation Amendments 2006 

Forklifts and Other Spark-Ignition Equipment Regulation 2006 

Border Truck Inspection Program Protocol Improvements 2006 

Ship Auxiliary Engine Cleaner Fuel Requirements 2005 

Diesel Cargo Handling Equipment Rule 2005 

Public and Utility Diesel Truck Fleet Rule 2005 

Heavy-Duty Sleeper Truck Idling Limits 2005 

Portable Fuel Container Requirements 2005 

Transit Bus Rule Additions 2004 

Off-Road Diesel Engine Tier 4 Standards 2004 

Harbor Craft and Locomotive Clean Diesel Fuel Requirement 2004 

Idling Limits for Trucks 2004 

Consumer Products Rule 2004 

Chip Reflash to Detect Truck Emission Control System Failure 2004 

Transportation Refrigeration Unit Rule 2004 

Portable Diesel Engine Emission Standards 2004 

Stationary Diesel Engine Regulation 2004 

Solid Waste Collection Vehicle Regulation 2003 

Lawn and Garden Equipment Emission Standards 2003 

Low Sulfur Diesel Fuel Regulation 2003 

California ZEV Requirement Update 2003 

Heavy-Duty Gas Truck Emission Standards 2002 

Heavy-Duty Diesel Truck Emission Standards 2001 

Inboard and Sterndrive Marine Engine Emission Standards 2001 

Architectural Coatings Suggested Control Measure 2000 

Urban Transit Bus Fleet Rule 2000 

Off-Road Diesel Equipment Emission Standards 2000 

Reformulated Gas MTBE Phase Out 1999 

Consumer Product Emission Limits 1999 

Portable Fuel Can Regulation 1999 

A-O 
Table A-2 

Air Resources Board SIP Control Measures (1994-2006) 

Air Resources Board Action Date 

Marine Pleasurecraft Emission Standards 1998 

Low-Emission Vehicle Program (LEV II) Exhaust Standards 1998 

Large Off-Road Gas/LPG Engine Emission Standards 1998 

Cleaner Burning Gasoline Rule Improvements 1998 

On-Road Heavy-Duty Truck Exhaust Emission Standards 1998 

Light-Duty Vehicle Off-Cycle Emission Controls 1997 

Consumer Product Emission Limits 1997 

Locomotive Memorandum of Agreement for the South Coast 1997 

Medium- and Heavy-Duty Gas Truck Emission Standards 1995 

Coatings Regulation 1995 

Large Off-Road Diesel Statement of Principles 1996 

Medium- and Heavy-Duty Gasoline Trucks 1995 

Off-Road Recreational Vehicles Regulation 1994 

Federal Emission Control Measures 

Nationwide EPA regulations for source categories for which EPA has exclusive 

authority: 

Non-Road Diesel Engine Emission Standards 

Locomotives and Marine Compression-Ignition Engines 

Nationwide EPA regulations for source categories for which ARB has more stringent 

control requirements: 

Tier 2 Emission Standards for On-Road Motor Vehicles and Gasoline Sulfur Content Standards 

Heavy-Duty Diesel Emission Standards and Diesel Fuel Sulfur Content Standards 

Onboard Refueling Vapor Recovery 

Consumer Solvent Products 

Nationwide EPA regulations for source categories for which the District has more 

stringent control requirements: 

Architectural and Industrial Maintenance Coatings 

Automobile Refinish Coatings 

A-I 
APPENDIXB 

DATA SUPPORTING ATTAINMENT DETERMINATION 
Summary 

The Tribe operates a single ozone monitor that represents air quality for Pechanga. 

Pechanga's ozone monitor began operation in June 2008. EPA has raised questions 

regarding the validity ofPechanga's ozone measurements from at least January 2010 

through July 2011.1 The lack of valid ozone data in the first seven months of2011 means 

that there are not three consecutive years of complete data at this monitor. 

EP A has previously determined that ozone concentrations at the nearby monitor at 

Temecula are reasonably similar in timing and magnitude.2 The analysis below 

demonstrates that using data collected at Temecula to complete the Pechanga data results 

in an ozone design value that is conservative (i.e., the actual design value for Pechanga is 

reasonably certain to be less than or equal to the calculated value). The Pechanga design 

value is in compliance with the 1997 8-hour ozone NAAQS. 

Pechanga Monitoring Data 

Pechanga monitoring data are summarized in Table B-1. 

Table B-4 

Pechanga Monitoring Data 

Second- 8-Hour 

Highest Highest Standard 

Number I-Hour I-Hour 4th -Highest 

of Valid Percent Daily Daily Daily 3-Year 

Year days Valid Maximum Maximum Maximum Average 

2008 187 51.2a 0.069 0.062 0.053 --

2009 351 96.2 0.064 0.054 0.047 --

2010 0 Oa -- -- -- --

2011 127 34.8a 0.093 0.086 0.072 --

2012 355 97.3 0.086 0.085 0.075 --

2013 308 84.4 0.088 0.081 0.074 0.074 

a. Pechanga monitoring data for 2008,2010, and 2011 do not meet the 75% completeness 

criteria. The monitor began operation in June 2008. EPA has raised questions regarding the 

validity ofPechanga's ozone measurements from at least January 2010 through July 2011. 

I EPA, Pechanga Ozone Data Assessment memorandum, June 22, 20 I I. See also response letter from 

Sierra Research dated October 4,2011. 

2 U.S. EPA, Technical Analysis for Pechanga Band ofLuiseno Mission Indians of the Pechanga 

Reservation, p. 3 

B-1 
As noted, above, while Pechanga's ozone monitor began operation in June 2008, EPA 

has raised questions regarding the validity of Pee hang a's ozone measurements from at 

least January 2010 through July 2011. The lack of valid ozone data in the first seven 

months of2011 means that there are not three consecutive years of complete data at this 

monitor. 

Additionally, required biweekly precision checks were not conducted between 7/29/2013 

through 9/20/2013.3 The data collected during this period are therefore invalid. 

However, sufficient valid data for 2013 are available to meet the 75% completeness 

criteria for the year. When the 2011 Temecula data are used to fill in the 2011 Pechanga 

data gap, the resulting data set meets the 90% completeness criteria for the three-year 

attainment period 2011-2013. 

Temecula (Winchester/Lake Skitmer) Data 

The South Coast Air Quality Management District operates the Temecula (also referred 

to as the Winchester/Lake Skinner) monitoring station. Temecula monitoring data for the 

attainment demonstration period are summarized in Table B-2. 

Table B-2 

Temecula Monitoring Data 

Second- 8-Hour 

Highest Highest Standard 

Number I-Hour I-Hour 4th-Highest 

of Valid Percent Daily Daily Daily 3-Year 

Year Days Valid Maximum Maximum Maximum Average 

2011 358 98.1 0.105 0.094 0.083 

2012 300 82.2 0.104 0.090 0.077 

2013 230 63.0a 0.093 0.086 0.074 0.078 

a. Temecula monitoring data for 2013 do not meet the 75% completeness criteria because data 

from 4th Quarter 2013 have not yet been made available on EPA or ARB websites. 

Basis for Using Temecula Data to Substitute for Missing Pechanga Data 

Pechanga's ozone monitor began operation in June 2008, but EPA has raised questions 

regarding the validity of Pee hang a's ozone measurements from at least January 2010 

through July 2011. The lack of valid ozone data in the first seven months of2011 means 

3 A precision check was performed on July 28, 2013. The next precision check, due on August II, was not 

performed. The next precision check was performed on September 21, 2013. 

B-2 
that there are not three consecutive years of complete data at this monitor. As shown in 

Table 1, all of the complete years of data at the Pechanga station between 2009 and 2013 

have 98th percentile 8-hour ozone values that meet the standard. 

Four nearby monitors (Lake Elsinore, Temecula, Pala, and Oceanside), shown in Figure 

B-1, were evaluated as potential sources of substitute data for the Pechanga data gap in 

2011. Consistent with EPA's prior determination, Temecula was selected as the source 

of substitute data for 2011. Pala and Oceanside were eliminated because maximum 8-

hour average concentrations at the Pechanga monitor were often higher than the 

corresponding values at these other monitors during the attainment demonstration period. 

Use of Pal a or Oceanside data to substitute for the Pechanga data gap would therefore not 

result in a conservative analysis. 

Figure B-1 

Ozone Monitors in Pechanga Nonattainment Area and Vicinity 

B-3 
EPA has compared data from Temecula and Pechanga monitors in the past, and has 

concluded that "ozone concentrations at Pechanga are reasonably similar in magnitude 

and timing to a nearby monitor located north of Temecula.,,4 As shown in Figure B-2, 

Pechanga concentrations are very similar to, and tend to be slightly lower than, Temecula 

concentrations throughout the year. Use of Temecula data in the Pechanga attainment 

demonstration would therefore be conservative. Because use of Temecula data would be 

conservative, because Temecula is closer to Pechanga than Lake Elsinore, and because 

EPA has previously determined that ozone concentrations at Temecula are similar to 

those at Pechanga, Temecula was selected as the source of substituted data. 

-

E 

c. 

c. 

-c 

0 

:;0 

IV 

... 

... 

c 

<II 

u 

C 

0 

U 

<II 

C 

0 

N 

0 

0.1 

0.08 

0.06 

0.04 

0.02 

0 

-0.02 

Figure B-2 

Comparison of Daily Maximum 8-Hour Ozone Concentrations 

Pechanga Monitor and Temecula Monitor, 2011-2013 

- Temecula - Pechanga - Difference 

Note: A positive value for the difference means that the ozone concentration at 

Temecula was higher than the corresponding concentration at Pechanga. 

4 U.S. EPA, Technical Analysis for Pechanga Band of Luiseno Mission Indians of the Pechanga 

Reservation, p. 3. 

B-4 
Attainment Demonstration 

Attainment with the 8-hour ozone NAAQS is demonstrated for Pechanga by comparing 

the design value (the three-year average ofthe 4th highest maximum daily 8-hour average 

ozone concentration) with the standard. In order to attain the 1997 8-hour NAAQS of 

0.08 ppm, the design value must be less than or 0.084 ppm.s 

The data used to demonstrate attainment must also meet completeness criteria. In order 

to be complete, the number of days with valid, complete data must be 75% of the days in 

the ozone season for each year, and 90% for all three years combined. In California, the 

ozone season is January through December. 6 

Table B-1 shows that data collected at the Pechanga monitor are complete for years 2012 

and 20l3; data collected at the Pechanga monitor are not complete for 2011. Table B-2 

shows that data collected at the Temecula monitor are complete for 2011. 

Concentrations in Pechanga for the attainment period of 20 11 through 2013 are 

represented by complete monitoring data from the Temecula monitor for 2011, and 

complete monitoring data from the Pechanga monitor for 2012-2013. The justification 

for using Temecula data to characterize ozone concentrations at Pechanga is provided 

above. 

Temecula data for 2011 were used in the attainment demonstration in place of the 2011 

Pechanga data. The entire year was replaced in the analysis because the result is the 

same as merely substituting for the missing months (i.e., the 4th highest 8-hour average in 

the Temecula data is the same as the 4th highest 8-hour average in the Pechanga data 

substituting January-August Temecula data). Table B-3 shows that the design value 

using Temecula 2011 data is the same as the design value using the available 

Pechanga data for 2011 and substituting Temecula data for the missing months. 

Pechanga's current ozone design value (for the period 2011-20l3) is 0.077 ppm at the 

Pechanga monitoring station, which is below the standard of 0.08 ppm. Thus, the 1997 

ozone NAAQS has been attained throughout the Pechanga Reservation Nonattainment 

Area. 

5 The applicable regulations require monitoring data to be reported to three figures after the decimal point. 

Concentrations are rounded to two figures before comparing them with the standard. Rounding 

conventions round the extra significant figure down when it is less than 5, or up when it is 5 or greater. 

6 40 CFR 58, Appendix D, Table D-3 

B-5 
Table B-3 

Annual Fourth Highest Daily Maximum 8-hour Ozone Concentrations for 

Pechanga Monitoring Station (ppm) 

Method Used to Complete Weighted Design 

20 II Data Set 2011 3 2012 2013 Valueb 

Replace entire year with 0.083 0.075 0.074 0.077 Temecula data 

Replace January-August with 0.083 0.075 0.074 0.077 Temecula data 

a. Pechanga monitoring data for 2011 are not complete-the monitor was not operational from 

March-May 2011. 

b. The weighted design value is the three-year average ofthe 4th highest daily maximum 8-hour 

ozone concentrations for the monitoring site. 

B-6