### PECHANGA INDIAN RESERVATION

May 9, 2014

Jared Blumenfeld RegionalAdministrator Temecula Band ofLuisefio Mission Indians Post Office Box 1477 • Temecula, CA 92593 Telephone (951) 770-6000 Fax (951) 695-1778

U.S. Environmental ProtectionAgency, Region 9 75 Hawthorne Street San Francisco, CA 94105-3901 Re: Requestfor 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: ChrisUna McMenamin

The Pechanga Band ofLuisefio Indians (Tribe) herebyrequestthatthe U.S. Environmental ProtectionAgency (EPA) redesignatethe Pechanga Band ofLuisefio Mission Indians ofthe Pechanga Reservation ozone nonattainmentarea (Pechanga nonattainmentarea) to attainment ofthe 1997 8-houraverage ozone National AmbientAir Quality Standard (NAAQS orstandard). This requestmeetsthe statutorycriteria for redesignation underthe Clean AirAct (CAA).1 In June 2009, theTriberequested2 thatEPA create a separate nonattainmentarea for the Pechanga Reservation, separatingitfrom the South CoastAir Basin. On May 21, 2012, EPA approvedtheTribe's request.3 One ofthejustifyingreasons for the requestandits approval was thatozone concentrations in the Pechanga nonattainmentareawere consistentlymuch lowerthanthose measured elsewherein the South CoastAir Basin, Ozone monitoringdata for the period of2011-2013 showthatthe Pechanga nonattainmentareahas attainedthe 1997 ozone NAAQS. The attachedpetition documents the data supportinga determinationthatthe standardhas been attained
. The presentrequestfor redesignation is a logical continuation of Pechanga's previous requestfor, and EPA's approval of, a nonattainmentareafor Pechanga tribal lands. The reduction in Pechanga's ozone concentrations is the resultofpermanentand enforceable reductions in ozone precursoremissions in the region, andis notdue to unusual meteorology oreconomic conditions. Pechanga's ozone concentrations are overwhelminglythe result of emissions in the adjacentSouth Coast and San Diego airbasins. Bothbasins are currentlyozone

142 USC Sections 7401 , etseq. 2 Macarro, Request to Create aSeparate NonattainmentAreaforthe PechangaIndian Reservation or, Alternatively, Move theNorthern Boundary of the San Diego NonattainmentArea to Include the Reservation of the PechangaBandof Luiseno Indians (June 23, 2009) 3 77 FR30088 (May 21,2012)Jared Blumenfeld U
.S. Environmental ProtectionAgency, Region 9 May 9,2014 Page 2

nonattainmentareas,4 committedto continued significantreductions in ozoneprecursor emissions. As a result, ozone levels onthe Reservation are expected to continueto decline. The attached petition demonstratesthatall CleanAirActrequirements necessary for redesignation havebeenmet. The attached maintenanceplanwill ensurethatozone concentrations will continue to bebelowthe standard. The Tribe has reviewedthe statutorycriteria andEPA policy guidance addressing**r~designation,** and concludes redesignationto attainmentis warranted. Accordingly, theTribe herebyrequests redesignationto attainmentofthe 1997 ozone NAAQS for the Pechanga nonattainmentarea. The applicable criteria andthejustification for redesignation areprovided 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 nonattainment for the 2008 NAAQS, but attainment for the 1997 NAAQS.

# Ozone Redesignation Request And Maintenance Plan for Pechanga Band of Luiseiio Mission Indians ofthe 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 ofLuiseiio Mission Indians ofthe Pechanga Reservation Nonattainment Area

prepared for: Pechanga Band ofLuisefio Indians

May 2014

Principal author: Steve Hill
SierraResearch, Inc. 1801 J Street Sacramento, CA 95811 (916) 444-6666

### Ozone Redesignation Request and Maintenance Plan for Pechanga Band ofLuiseiio Mission Indians ofthe Pechanga Reservation NonattainmentArea

Table ofContents Page 1. Introduction
..................... ............ ...... ....... ........ ............................. ... ............................... 1 1.1 Background
................................................ .. .............. ..............................................2 1.2 Redesignation Criteria
................................................................. ..........................l0 1.3 EPA Policy Guidance
............................................................................................ 10 2. Attainment ofthe 1997 Ozone Standard
....................................................................... 12 2.1 Ozone Monitoring In and Around the PechangaNonattainment Area
.................. 12 2.2 Methodology
.......................................................................................................... 14 2.3 Determination ofAttainment
................................................................................. 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 PermanentAND Enforceable Emission Reductions
................22 4.1 Permanent, Enforceable Emission Reductions
......................................................22 4.2 Emission Reductions NotTemporary
....................................................................26 4.3 MeteorologyNotUnusually 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 ofMaintenance
..................................................................................36 5.7 Contingency Plan
...................................................................................................36 Appendix A - State and Federal Emission Control Programs Appendix B - Determination ofAttainment Data

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### List ofFigures Figure Figure 1-1 Pechanga Ozone Attainment AreaBoundaries
.......................... ................. ......9 Figure 2-1 Ozone Monitors in Pec4angaNonattainment Area andVicinity
.................... 13 Figure 4-1 

### South Coast Basin VOC 

### +NOx Emission Reductions Despite Growth
.......26 Figure 4-2 

### SanDiego County VOC 

### +NOx Emission Reductions Despite Growth
.......27

-11-List ofTables

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! Bookmarknot 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! Bookmarknot defined. Table 5-2 Ozone Maintenance Demonstration 2012-2025 Maintenance Period Projected Inventory ofOzone'Precursors
....................Error! Bookmark not defined. Table 5-3 On-Road Motor Vehicle Emissions Budgets Ozone Maintenance PeriodError! Bookmarkno1 Table B-1 PechangaMonitoring Data
.............................Error! Bookmarknot defined.

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### 1. INTRODUCTION

The Pechanga Band ofLuisefio Indians (Tribe) hereby submits to the U.S. Environmental Protection Agency (EPA) a request to redesignate the PechangaBand of Luisefio Mission Indians ofthe PechangaReservation ozone nonattainment area (Pechanga nonattainment area) to attainment ofthe 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 criteriafor redesignation underthe Clean Air Act (CAA).l Ozone monitoring data for the period of2011-2013 showthat the Pechanga nonattainment areahas attained the 1997 ozone NAAQS. Ozone concentrations on the Pechanga Indian Reservation ("Reservation") are overwhelminglythe result ofemissions in the adjacent South Coast and San Diego air basins. Both basins are currently ozone nonattainment areas,2 committed to continued significantreductions in ozoneprecursor emissions. As a result, ozone levels onthe Reservation are expected to continueto decline. Notwithstanding compliance with the 1997 ozoneNAAQS, the Reservation will remain designated a nonattainment area for this standard until this redesignation request and maintenance plan and supporting documentation are submittedto EPA, andEPA finds thatthe CAA criteria for redesignation have been met and grants the request. Redesignation primarily requires demonstrating that all CAArequirements applicable to the nonattainment areahave been met, and receiving EPA approval ofa maintenanceplan demonstrating howthe 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 ofthe 1997 ozone NAAQS for the Pechanganonattainment area and the approval ofthe associated maintenance plan. The applicable criteria and thejustificationfor redesignation are provided in this petition.

142 USC Sections 7401, etseq. 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 setNAAQS for pollutants such as ozone that are considered harmful to public health and the environment. The law also requires EPA to periodically reviewthe standards and their scientific basis to determine whether revisions are appropriate. Accordingly, EPAhas periodically established new, more health-protective standards for ozone following advances in the scientific understanding ofthe 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, EPA revised the photochemical oxidant standard by replacing the photochemical oxidant limit of0.08 ppm oxidant with a I-hour ozoneNAAQS of0.12 parts permillion (ppm).3 The I-hour averaging time was selected on the basis ofhealth effects associated with short-term exposure periods. The standard was subsequently revoked by EPA in 2005 following implementation ofa 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 ofthis Redesignation Request and Maintenance Plan) was established in 1997 at a level of0.08 ppm.4 The 8-hour averaging time was selectedto address the impacts ofexposure to longerperiods ofelevated ozone pollution. The standard is attained when, at eachmonitor in the region, the three-year average ofthe annual fourth-highest daily maximum 8-hour average ozone concentrations is no more than 0.084 ppm (based onthe rounding convention dictated in federal regulation).5 Three years ofozone concentrations are averaged due to the impacts ofyear-to-year variations in meteorology on ozone formation. EPA has proposed to revoke the 1997 8-hour standard upon publication ofthe final State Implementation Plan (SIP) requirement rule for the 2008 8-hour standard.6

344 FR 8220 (February 8, 1979); see also 40 CFR 50.9 462 FR 38856 (July 18, 1997); see also 40 CFR 50.10 5Appendix Ito 40 CFR 50 6 78 FR 34214 (June 6, 2013).
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### 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 ofnitrogen (NOx) in the presence ofultraviolet solarradiation. VOC andNOx 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-generallyresult inthe highest ozone concentrations. Accordingly, peak ozone levels occurduring the sunnier, warmertimes ofthe year, typically April through October (the "ozone season"). VOCs are emitted from a variety ofsources, including motor vehicles, chemical plants, factories, consumer and commercial products, and various industrial sources. VOCs are also emitted bynatural sources such as vegetation. NOx is emitted primarily from motor vehicles, other mobile sources (e.g., trains, ships, and aircraft), powerplants, and other sources offuel combustion. 1.1.3 Health Effects ofOzone 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 ofground-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 cantrigger a variety ofhealth problems including chestpain, coughing, throat irritation, and congestion. Itcanworsen bronchitis, emphysema, and asthma. 1.1.4 Ozone Designation and SIP History ofPechanga OzoneNonattainment Area Until recently, the Pechanga Reservation was geographically located entirely within the boundaries ofRiverside County, a part ofthe Los Angeles-South CoastAir Basin nonattainment area (South Coast AirBasin). On October 14,2008, a land transfer from

7 73 FR 16436 (March 27, 2008); 40 CFR 50.15
-3-the U.S. Bureau ofLand Management (BLM) by Act ofCongress modified the boundaries ofthe Tribe to increase the previous reservation area ofabout 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'srequest to establish the boundaries ofa nonattainment area for the federal 8-hour average ozone standard coincident with Pechanga's tribal lands. The history ofthe ozone designation and implementationplans for the Pechangaozone nonattainment area is therefore complicated. Priorto the establishment ofthe Pechanga nonattainment area, the history ofozone designation and implementationplalUling ofthe portion ofthe Reservation in Riverside County is the history ofthe South CoastAir Basin; and the history ofthe portion ofthe Reservation in SanDiego County is the history ofthe San Diego Air Basin. Pechanga's current air quality designations, or compliance status, with respect to NAAQS (i.e., attainment ornonattainment) are specified in federal regulation. 8 Each area ofthe nation with air pollution levels violating a NAAQS mustbe designated by EPA as a "nonattainment area" for thatpollutant. 

### 1.1.4.1 Oxidant Standard In 1978, EPA designated both the South CoastAirbasin and the San Diego Air Basin as nonattainment areas for the photochemical oxidantNAAQS.9 The nonattainment designation carried overto the 1979 I-hourozone 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-hourozone NAAQS. The South Coast Air Basin was classified as an "extreme" nonattainment area for the 1- hour ozone standard at the time ofthe standard's revocation. 12 The SanDiego 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 ofAreas 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 ofAreas 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. EPAredesignated 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 of40 CFR 51 SubpartX (Provisions for Implementation of8-Hour Ozone NAAQS). The portion ofPechanga in Riverside County was part ofthe South Coast Air Basin, and therefore classified as an "extreme" nonattainment area for the I-hour standard, at the time ofthe standard's revocation. The portion ofPechangain San Diego County was classified as "attainment" for the I-hour standard at the time ofthe 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 CoastAirBasin In 2004, EPA established the Los Angeles-South Coast AirBasin (South Coast Air Basin) nonattainment boundaries for the 1997 ozone NAAQS. The South Coast Air Basinnonattainment area included the entirety ofOrange County, the southwestern portion ofLos Angeles County, the southwestportion ofSan Bernardino County, and the westernportion ofRiverside County. In 2004, all ofPechanga'sreservation lands were in the southwesternportion ofRiverside 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 Basinwas designated nonattainment for the 1997 8-hour ozone NAAQS, effective June 15, 2004. Its classification, based on its 8-hour design value, was "severe-I7." The South CoastAir Quality Management District (AQMD) subsequently requested, and EPA approved in 2010,18 a voluntary bump-up ofits attainment status from "severe-I7"to "extreme." When responding to AQMD's request, EPA deferred reclassification ofIndian 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 ofLuiseflo Mission Indians ofthe 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 ofthejustiryingreasons 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-l7".21 Subsequent to the establishment in 2004 ofthe nonattainment boundaries for the 1997 standard, butprior to establishment ofthe Pechanga nonattainment area, Pechanga acquired lands that extend into San Diego County. San DiegoAirBasin 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 stringentNOx and VOC emission control rules due to this designation. Those serious-area controlsremain inplace pursuantto the existing I-hourozone 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 overthe 2001-2003 three-yearperiod. 22 At that time, EPA did not further "classify" the region as "marginal," "moderate," "serious," "severe," or "extreme" nonattainrnent pursuantto section 181 ofthe CAA. Instead, EPArelied on CAAprovisions in section 172 that do not require classifications and declared San Diego County (and other regions that had attained the former I-hourozone 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 actionto approve that SIP submittal because, also inJune 2007, a courtruled 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 courtremand, EPA classified San Diego County as a moderate ozone nonattainment area for the 1997 ozone standard, effective onJune 13,2012.23 EPA instructed the San Diego County APCD to prepare a new SIP that addressed the requirements ofa moderate ozone nonattainment area.

measured elsewhere in the South Coast Air Basin. The present request for redesignation is a logical continuation ofthe 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 nonattainment area. 22 69 FR 23858 (April 30, 2004) 23 77 FR 28423 (May 14,2012)
-6-On June 4, 2013, EPAredesignated the San Diego Air Basinto attainment with the 1997 8-hour ozone NAAQS.24 PechangaNonattainmentArea In June 2009, the Tribe requested that the Pechangaozone nonattainment areabe established, consisting ofPechanga's tribal lands inboth Riverside and San Diego Counties.25 On May 21, 2012, EPA approved the Tribe's requestto establishthe boundaries ofa nonattainment area for the federal 8-hour average ozone standard coincident with Pechanga's tribal lands. The Tribe is nowrequesting redesignation ofthe Pechanga ozone nonattainment areato attainment ofthe 1997 ozone NAAQS. 

### 1.1.4.4 2008 8-Hour Ozone Standard EPA designated and classified the South CoastAir Basin as an extreme ozone nonattainment area for the 2008 ozone standard, effective on July 20, 2012.2G The South CoastAQMD has not yet submitted an attainmentplan for the 2008 8-hourNAAQS.
OnMay 21, 2012, EPA approved the Tribe's request to establishthe boundaries ofa nonattainment areafor the federal 8-hour average ozone standard coincident with Pechanga's tribal lands.27 EPAhas designated this area as the Pechanga Band ofLuisefio Mission Indians ofthe PechangaReservation nonattainment area (Pechanga nonattainment area).28 The newnonattainment areahas boundaries that matchthe boundaries ofthe PechangaReservation, and it was designated as a moderate nonattainment area for the 2008 8-hour average ozoneNAAQS?9 Atthe time that the Pechanganonattainment area was separated from the South Coast Air Basin, the South Coast Air Basin was designated as "Subpart2/Severe-17" for the 1997 8-hour ozone NAAQS. The newPechanganonattainment area retained that classification?O EPA designated and classified the SanDiego 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 notyet submitted an attainmentplan for the 2008 8-hourNAAQS.

24 78 FR 33230 (June 4, 2013) 25 Macarro, Request to Create a SeparateNonattainmentAreaforthe PechangaIndian Reservation or, Alternatively, Move theNorthern Boundary of the San Diego NonattainmentArea to Include the Reservation of the Pechanga BandofLuisenoIndians, 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 PechangaReservation encompasses approximately 6,700 acres and straddles the borders ofRiverside County and San Diego County (as illustrated inFigure 1-1). The PechangaBand ofLuisefio Mission Indians ofthe PechangaReservation ozone nonattainment area, established onMay 21, 2012,32 is coextensive withthe Pechanga Reservation. The PechangaBand ofLuisefio Mission Indians ofthe PechangaReservation ozone attainment areaboundaries are proposedto be contiguous withthe boundaries ofthe PechangaReservation.

32 77 FR 30088 (May 21, 2012).
-8-I 0\

I

### 1.2 Redesignation Criteria
Section 107(d)(3)(E) ofthe Clean Air Act identifies five criteria, outlined below, that mustbe met before EPA canredesignate 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 Planpursuantto Section 110(k) ofthe CleanAir Act. Section 11O(k) addresses completeness findings, deadlines for EPA actions, types ofEPA actions, and sanctionsthat may be applied to areas failing to meet Clean Air Actrequirements. 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 ofthe applicable State Implementation Plan. 107(d)(3)(E)(iii) 4. EPA has fully approved a Maintenance Plan for the area as meeting the requirements ofCleanAirAct Section 175A. Section 175Arequires demonstrating thatthe areawill maintain (continue to attain) the standard for at least ten years after redesignation to attainment, and specifying contingency measures to be implemented ifa violation is monitored at any time during the tenyear maintenance period. 107(d)(3)(E)(iv) 5. The areahas met all requirements in Section 110 and PartD ofthe CleanAirAct. 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 EPAPolicy Guidance
EPA has providedpolicy guidance on redesignationrequests inthe documents identified below. The Tribe'sredesignation request and supporting documentationhave been prepared consistent with statutory requirements and these guidance documents. 1. "General Preamble for the Implementation ofTitle I ofthe CleanAir 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, September4, 1992. (Calcagni, September 1992)

-10-3. "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 ofState Implementation Plan Submittals and the Use ofLetterNotices," Janet McCabe, Deputy Assistant Administrator, Office ofAir 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 ofAir Quality Planning and Standards, December 20,2011 (Page, December 2011) 6. "Early Implementation ofContingency 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 oftherelevant monitoring data and a demonstration that Pechangahas attained the 1997 ozone NAAQS based on the resulting monitoring data are provided below. 

### 2.1 Ozone Monitoring 

### In and Around the PechangaNonattainmentArea
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 ofozone pollution in Pechanga, identify ozone pollutiontrends, and determine compliance withthe ozone NAAQS. Ozone levels are continuously monitored at a number ofother monitors near Pechanga. These monitors are operated bytwo air districts and one Tribe withjurisdiction over the area where they are located:

• Lake Elsinore, South CoastAQMD; • Temecula (Winchester/Lake Skinner), South Coast AQMD; • Oceanside (Camp Pendleton), San Diego County APCD; and • Pala, Pala Band ofMission Indians.
A map indicating the location ofthe ozone monitors operated inthe Pechanga nonattainment area and vicinity is presented in Figure 2-1. Pursuant to federal requirements, the Tribe ensures the quality ofthe ambient ozone concentration data collected at its monitoring sites through analysis ofprecision and accuracy data. These ambient concentration data and quality assurance data are submittedto the EPA's ambient air quality database, the Air Quality System (AQS).

3340 CFR Part 58, "Ambient Air Quality Surveillance."
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### Figure2-1 OzoneMonitors in PechangaNonattainmentArea and Vicinity

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### 2.2 Methodology
The method for demonstrating attainment ofthe 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 ofcomplete, 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 ofthe past three consecutive years is recorded and then averaged overthe 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 periodreduces the variable influence ofyear-to-year meteorology changes and thus betterrepresents the air quality trend. EPA generally makes the determination ofwhether an area's air quality meets the ozone NAAQS based upon the most recent three years ofcomplete, 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 ifthey 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 if8-hour averages are available for at least 18 ofthe 24 possible 8-hour average periods that start within the day.36 Forthe purpose of judgingcompliance with the standard, a valid year musthave valid 8-hour daily maximum ozone concentrations for at least 75 percent ofthe 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 clearpatternto the timing ofthe 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 Ito Part 50 ("Interpretation ofthe Eight-HourPrimary and SecondaryNational Ambient Air Quality Standards for Ozone"). 3S EPA, QualityAssuranceHandbook/orAir Pollution Control Measurement Systems, Volume II, Ambient Air QualityMonitoring 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 ofthe 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 ofthe standard. 

### 2.3 Determination ofAttainment 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-yearperiod January 1,2011,through December 31, 2013. The data have beenrecorded in EPA'sAQS database and are available for public reVIew. The Tribe operates a single ozone monitorthatrepresents air quality for Pechanga. Pechanga's ozone monitorbegan operation in June 2008; however, EPA has raised questions regarding the validity ofPechanga's ozone measurements from at least January 2010 through July 2011. In addition, there is a period ofapproximately 6 weeks in August/September of2013 when ozone measurements were made, but required precision checks were not performed. These ozone measurements are not considered valid for determination ofattainmentpurposes. However, as discussed in Section 2.2, days with missing monitoring data may be counted toward meetingthe minimum completeness requirement, ifcertain requirements are met. A demonstration that the requirements are met for the period August 11, 2013-September 20,2013 is presented in Appendix B. Temecula data for 2011 were used in the attainment demonstration inplace ofthe 2011 Pechanga data. As demonstrated in Appendix B, ozone concentrations at Temeculaare reasonably similar inmagnitude and timing to those at Pechanga, with a consistent tendency to be somewhat higher. As a result, the use ofTemeculadatato complete the Pechangadata set is conservative. Table 2-1 shows that Pechanga's current ozone design value39 (forthe period 2011-2013) is 0.077 ppm at the Pechangamonitoring station, which is belowthe standard of0.08 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 Temeculadata
a. Temecula monitoring data used in place ofPechanga monitoring data for 2011. b. The ozone design value is the three-year average ofthe 4th highest daily maximum 8-hour ozone concentrations for the monitoring site. ###



### -16-

### 3. CLEANAIR ACT COMPLIANCE

Section 1 07(d)(3)(E)(v) ofthe CAA requires EPA to determine, before it canredesignate a nonattainment area to attainment, that the area has met all applicable requirements under section 110 and part 0 ofthe CAA. As demonstrated in the following sections, these requirements will have been fully metby the time EPA acts onthis redesignation request and maintenance plan.


### 3.1 Compliance with Clean AirAct Section 110
Section 110 ofthe CAA identifies the following general Implementation Plan provisions:

• Implementation Plan contains enforceable emission limitations;

• Implementation Plan requires monitoring, compiling, and analyzing ofambient air quality data;

• Implementation Plan requires preconstructionreview ofnewor modified stationary sources; and

• Implementation Planprovides for adequate funding, staff, and associated resources necessary to implement its requirements.
Section 1IO(k) ofthe CAA describes EPA's actions onImplementation 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, September4, 1992
. -17-Forthe purposes ofthis petition, Pechanga's implementation plan is comprised ofthree elements: the Tribal New Source Reviewrules,41 those portions oftheCalifornia SIP that apply throughout the state in all areas where the State ofCaliforniahasjurisdiction and hence impact air quality in the Pechanganonattainment area, and those portions of the Maintenance Plan presented below. 3.1.1 Implementation Plan contains enforceable emission limitations The California State Air Resources Boardhas adopted a number ofstatewide 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 ofambient air quality data The Tribe has established and maintains a regulatory monitor for ozone withinthe Pechanganonattainment area. The Tribe has committed to maintainingthis monitor as part ofits maintenance plan (see Section 5.1). EPA approval ofthe maintenance plan will make that commitmentpart ofthe implementation plan, satisfYing this requirement. 3.1.3 Implementation Plan requires preconstruction review ofnew or modified stationary sources This requirement is satisfied by the Tribal New Source Review Rules.42 EPA has determined that "airresources in Indian country will be protected in the manner intended bythe Actby establishing a preconstructionpermittingprogram for new ormodified minor sources, minormodifications at major sources, and new major sources ormajor 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 sufficientto implementthe requirements ofthe implementationplan, includingthe following:

• Operation ofthe ambient ozone monitor; • Review ofNSRpermits issued by EPAunderthe Tribal NSRrules; • Enforcement ofapplicable rules44 and permit conditions; and

41 40 CFR49.151 through 49.173. 42 40 CFR49.151 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 ofthe Department to implement and enforce any rules found to be necessary to comply with Federal requirements orto maintain the area's attainment status.
-18-• Preparation ofemission inventories.
The Tribe commits to maintaining the funding necessary to meet the requirements ofthe maintenance plan. EPA is requested to include this commitment into the Tribe's implementation plan, satisfying this requirement. 

### 3.2 Compliance with PartD
Part D identifies the following specific requirements for nonattainment area SIPs:

• Reasonably Available Control Measure requirement (not applicable ifattainment has been achieved);

• Reasonable FurtherProgress Demonstration (not applicable ifattainment has been achieved);

• Comprehensive Emission Inventory;
• New Source Reviewprogram;
• Contingency Measures (not applicable ifattainment has been achieved); and

• Transportation Conformity. In the context ofredesignations, 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 ofnecessity 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 attainmenthas been achieved. 3.2.2 Reasonable FurtherProgress Demonstration This requirement is not applicable because attainment has been achieved.

45 Calcagni, Procedures for Processing Requests to Redesignate Areas to Attainment, September4, 1992.
-19-3.2.3 Comprehensive Emission Inventory This requirement is satisfiedby 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 "airresources in Indian country will be protected in the manner intended by the Act by establishing a preconstruction permittingprogram 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 attainmenthas 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 Forpurposes ofredesignation, Implementation Plans mustbe 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 nonattainment plan submissions and not linked with an area's attainment status are not applicable requirements for purposes ofredesignation, 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 limitedpurpose oftransportation conformity requirements.50 Revocation occured 1year afterthe effective date ofthe initial area designation for each area for the 2008 ozoneNAAQS.51 EPA's approach resulted in only one ozoneNAAQS-the more protective 2008 ozone NAAQSapplying for purposes oftransportation conformity, after the end ofthe I-year transportation conformity grace periodthat 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 ozoneNAAQS 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, September4, 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 ofits designation for the 2008 ozone NAAQS.
-20-ozone NAAQS concurrently.As a result ofthe revocation, transportation conformity is no longer an applicablerequirement under the 1997 8-hour ozoneNAAQS. ###

-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]ttainmentresulting from temporary reductions in emissionrates (e.g., reduced production or shutdown due to temporary adverse economic conditions) orunusually 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 attainmentperiod 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 ofwhich provided permanent and enforceable reductions ofVOC and NOx emissions. 

### 4.1 Permanent, Enforceable Emission Reductions
EPA policy and longstanding practice allows states/tribes to demonstrate permanent and enforceable emissionreductions by comparing emissions occurring during the nonattainment period (represented by emissions during one ofthe years inthe three-year period used to designate an area as nonattainment) with emissions occurring during the attainmentperiod (represented by emissions during one ofthe three attainment years). As discussed above, the Pechanganonattainment areaboundaries have been established only recently. Previously, the Pechangareservation was within the southeast comer of the South Coast Air Basin. Pechanga's classification as a "severe-I7" 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, September4, 1992. 53 The recent economic recession began in December 2007 and ended, by some measures, in June 2009 (the last quarter ofcontracting Gross Domestic Product), according to the National Bureau ofEconomic Research. Its effects are still being felt in many parts ofthe 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, bythe relative magnitude ofthe ozoneprecursor emissions within Pechanga'sborders (see Table 4-1) compared with ozone precursor emissions from the South Coast Air Basin. Forthis reason, the South Coast inventory is the principal inventory used to demonstrate that Pechanga's attainment ofthe standard is the result ofpermanent enforceable reductions. A parallel demonstration is made for the San Diego inventory, because ofthat area'spotential to contributeto ozone formation in Pechanga. Air quality control in California is a sharedresponsibility 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. Atthe State level, ARB adopts measures to reduce emissions from on-road motor vehicles, off-road vehicles and equipment, fuels, and some consumerproducts. 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 consumerproducts. The percent emissions reductions achieved betweenthe 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 oflocal, 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. Forthe 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 reducedby 47% from the 2000 base year to the 2012 attainment year. Pechangahas one stationary source ofozone precursor emissions, the PechangaResort & Casino, within the tribal boundaries. The increase inNOx emissions shown in Table 4-1 for Pechanga is due to the annual variability offuel use at this single facility. Other sources ofozone precursor emissions include local traffic to and from the casino/resort, parking structures, golfcourse, 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 Pechangareservation are insignificant when compared with emissions from South Coast (2012 SoCAB emissions are 50,000

54 The weighted design value is the average ofthe 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, September4, 1992
. -23-times those ofPechanga; Riverside County emissions are 8,000 times those ofPechanga). Furthennore, the density ofozoneprecursoremissions within the Pechanga Reservation is about 1/50th ofthatinthe San Diego Air Basin or in the Riverside County portion of the South Coast Air Basin. 57 Regional totals (the sum ofemissions in Riverside and San Diego counties, plus Pechanga) are also shown in Table 4-1.



### Table 4-1 2000-2012 Reductions in Summer Season PrecursorEmissions (Tons PerDay) South CoastAir 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 aSeparate NonattainmentAreaforthe Pechanga Indian Reservation or, Alternatively , Move theNorthern Boundary of the San DiegoNonattainmentArea to Include the Reservation of the Pechanga BandofLuisenoIndians,June 23, 2009, Attachment A, p. 14
. -24- 

## -- 41% 30% 45% 39%

### Table 4-1 2000-2012 Reductions in SummerSeason PrecursorEmissions (Tons PerDay) 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 0.0113 e 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
Emissionreductions occurring during the recent recession could be considered only temporary, and to be contributing to temporary ozone attainment, ifthe 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 consideringthe forecast recovery from the recession58 and ongoing growth in popUlation and motor vehicle use. In fact, much ofthe emissions reduction benefit ofthe adopted rules and regulations has yetto be realized and is projectedto occur during the maintenance period,59 due to the continued replacement ofolder vehicles, engines, and equipment with newer units subject to more stringent emission control requirements. These trends supportthe 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 (slowerrecovery scenario). Ratherthan rely on eitherrecovery scenario, ARB assumed a middle case between the two forecasts. 59 See, for example, ARB,Appendix to the June 27,2012Draft Visionfor CleanAir: A FrameworkforAir Quality and Climate Planning, August 20,2012, p. 7, showing a projected 40% reduction ofNOx 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 andAir 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 andAir 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 ofmeteorological 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 ofa single extreme year caused by unusual weatherconditions and to more properly reflect the effect ofchanges in precursor emissions. By its very nature, the form ofthe standard helps ensure that attainmentresulted from emissionreductions 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 notresult from unusually favorable meteorology during the three-year attainmentperiod. Temperature is a principal determinant ofozone 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 thatthe 2011-2013 attainmentperiod 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 measurementperiod ofthe ozone NAAQS, three-year temperature averages were calculated for the three-yearperiods ending with each yearfrom 1996 through 2013. An overall long-term, 20-year average was also calculated for the entire 1994-2013 period, to establishthe temperature norm. Finally, the difference between eachthreeyear average and the long-term average was calculated, to determine the extentto which each three-yearperiod 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 solarradiation levels, and average wind speed and direction. 61 For the purposes ofdetermining 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. Forthis reason, a comparison of temperatures during the warmer months, ratherthan year-round, is a better indicator ofwhether 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 --

.. 8 0 evlatlOn IS the dIfference between the 3-yearaverage temperature and the 20-year average temperature of 90.1 OF.
As indicated in Table 4-2, the three-year average daily maximumtemperature for the 2011-2013 attainmentperiod (90.6°F), is slightly warmer (O.SOF) than the long-term average (90.1OF). Sevenprevious three-yearperiods which were nonattainment for the 1997 standard were at least O.soF coolerthan the attainment period. Thus, the temperature records (as well as the nature ofthe standard itself, as described above) support the conclusionthat attainment did notresult from unusually favorable (cooler) meteorology during the three-year attainmentperiod.
###

-29-

### 5. MAINTENANCE PLAN

Forpurposes ofredesignation, 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 ifa 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 ofcontinued attainment. As demonsLraLed in the following sections, the Maintenance Plan presented in this petition complies with the requirements ofthe CAA and EPA policy guidance. 

### 5.1 Attainment Inventory
The Maintenance Plan must identify the total region wide level ofozone-precursor emissions that provided for attainment. Because the standard was attained in 2011-2013, total daily VOC and NOx emissions in 2012 representthe Attainment Inventory (see Table 5-1).

63 Calcagni, Procedures for Processing Requests to Redesignate Areas to Attainment, September4, 1992.
-30-Table 5-1 Ozone Attainment Inventory (Summer 2012) (Tons perDay) 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).

Forthe purposes ofestablishing an attainment inventory for this demonstration, the Tribe proposes to use the 2012 summerinventory maintained by CARB. 

### 5.2 Maintenance Demonstration
The Maintenance Planmust include a demonstrationthatthe standard will be maintained for at least 10 years after the effective date ofredesignation.64 To accommodate time for EPAto process the redesignationrequest and maintenance plan, the Maintenance Plan horizon year is 2025, providing a maintenance period ofat least 10 years from the future effective date ofredesignation, which is expected to be not later than January 1,2015. The Ozone Attainment Inventory ofozone precursors (Table 5-1) represents the region wide emissions level that was sufficient to attainthe 1997 ozoneNAAQS. Maintenance is demonstrated by showingthatprojected future emissions levels throughthe maintenance period will not exceedthe 2012 Attainment Inventory.65 Specifically, South CoastVOC emissions must stay at orbelow496.5 tons per day andNOx emissions must

64 CAA Section 17SA(a). 65 As discussed below, ozone precursor emissions within the Pechangareservation are a very small fraction ofthose from the adjacent air basins. The density ofozone precursor emissions within the Pechanga reservation is about lIS0lh that ofthe 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 orbelow487.9 tons per day for the entire maintenance period. San Diego VOC emissions must stay at or below 135.0 tons perday 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 ofthe 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 oftravel. Emission estimates in Table 5-2 for South Coast, Riverside County, and San Diego County are from CARB's 2013 Almanac. Future emissions for Pechangahave been forecast by Sierra. Vehicle and consumer product emissions for Pechanga were scaled to South Coast Air Basin projections, based onrelative 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 projectionthat operation of combustion sources atthe casino will increase, then level offat a higher level. This is an extremely conservative assumption. As indicated in Table 5-2, total region wide emissions ofVOC 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 belowthe 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 ofozone precursor emissions withinthe PechangaReservation is about 1/50th ofthat in the San Diego AirBasin or in the Riverside County portion ofthe Southern CaliforniaAir Basin. 66 As shown in Table 5-2, South Coast ozone precursor emissions are projectedto decrease by 58.5 tons perday (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 by4.4 tons per day (3 %) for VOC and 14.8 tons per day (14%) for NOx, relative to the 2012 Attainment Inventory. Consequently, future violations ofthe ozone standard are not anticipated and maintenance is thus demonstrated.

66 Macarro, Request to Create aSeparate NonattainmentAreaforthe PechangaIndian Reservation or, Alternatively, Move theNorthern Boundary of the San DiegoNonattainmentArea to Include the Reservation of the Pechanga BandofLuisenoIndians, June 23, 2009, Attachment A, p. 14.
-32-Table 5-2 Ozone Maintenance Demonstration 2012-2025 Maintenance Period Projected Inventory ofOzone Precursors (Tons per Day) Average Total Daily Emissions Pollutant 2012 2015 2020 2025 South Coast AirBasina 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 SanDiego 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

### + SanDiego 

### +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 orTitle 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 CAArequires transportation planning to be consistent with air quality goals. This is determined throughthe federally mandatedtransportation 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 ofNOx 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 ofthe long-range regional transportation plan (RTP) and shorter-term regional transportation improvementprogram (R TIP) may not exceed these emissions budgets. Conformity determinations must be made by the San Diego Association ofGovernments (SANDAG) and the Southern California Association ofGovernments (SCAG) at least every four years, butmay occurmore frequently iftheir RTP or RTIP is updated or amended (with non-exemptprojects) 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 subjectto final approval by the U.S. Department ofTransportation. South Coast's vehicle emissions budgets are established in SCAG's Transportation Conformity Determination (Table 5_3).69 The 2025 emissionsbudgets 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'svehicle 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 inthe 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 EMFAC2011 on-road motor vehicle emissions estimation model, withtravel 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 ofFederal 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, andRest o/South Coast AirBasin NonattainmentAreas/orthe 20088-Hour OzoneNationalAmbientAir QualityStandards (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 andMaintenance Plan/or the 1997National Ozone Standard/orSan 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 MotorVehicle Emissions Budgets Ozone Maintenance Period (Tons PerDay) 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:rvalive in that they are substantially lower (more stringent) than the 2012 onroad emissions levels needed to provide for maintenance ofthe 1997 ozone NAAQS. Byrequiring 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. Itis important to recognize thatthe most significant contributions to ozone concentrations in Pechanga are the result ofemissions in neighboring South Coast and San Diego air basins. Both ofthese areas are currently ozone nonattainment areas. As an ozone nonattainment area, the South Coast must continueto 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 AirBasinto ozone levels on PechangaTribal 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 belowthe levels in its 2011 attainment inventory. Due to the existing control program, SanDiego projects a significant decrease in regional emissions ofboth pollutants overthe next 25 years, even considering growth in popUlation and economic activity. Because ozone levels in Pechanga are overwhelmingly the result ofemissions in the South Coast and San Diego air basins, and because both ofthese 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 ofVOC

-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 ofan ozone monitor become necessary, the Tribe commits to work with EPA to ensure the adequacy ofthe monitoring network. 

### 5.6 Verification ofMaintenance
The Tribe commits to annually reviewing ozone monitoring data from the three most recent, consecutive years to verify continued attainment ofthe 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, pursuantto 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 ofthe selected contingency measures, and a time limit for action. Itmust also identify specific indicators ortriggers 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 ifan areaviolates 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 Planto identify a set ofrecently adopted ARB mobile source control regulations---collectively referred to as California's Advanced Clean Cars Program-thatwill be implemented throughout the maintenance period as a contingency measure that will be implemented regardless ofmonitored ozone levels. EPA policy allows an area to adopt contingency measures early, eventhough the measures are not necessary for the attainment demonstration orto meet RFP, and to continue to treat them

-36-as contingency measures for planningpurposes.73 It is not necessary to adopt additional contingency measures to backfill for the early activation ofcontingency 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 notreflected in EMFAC2011, and the emissions inventory used for the maintenance demonstration in this petition is based on EMFAC2011, 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 surroundingthe Pechanganonattainment areathroughout the maintenanceperiod (and for some time thereafter), and thus provide adequate additional reductions to address the CAA's contingency requirements. Therefore, ifa 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 ofthe 1997 ozone NAAQS in Pechangathroughout the maintenance period. Additionally, CAA Section 175A(d) requires that the contingency measures include a commitmentthat, should there be a violation after redesignation to attainment, the region will implement all control measures contained in its Ozone Nonattainment Implementation Planpriorto redesignation. However, there is no OzoneNonattainment 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 ofa 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 ofany additional necessary and appropriate measure(s) needed to promptly correctthe violation. Potential selection ofadditional 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/ContingencyMeasures/or Ozone and Carbon Monoxide (CO) NonattainmentAreas, August 13, 1993. 74 On January 9, 2013, EPA approved CARB's request for a waiver ofpreemption under section 209(b) for its ACC regulations. See 78 FR 2112.
-37-

### APPENDIXA State and Federal Emission Control ProgramsTable A-I ARB Ozone Precursor Emission Reduction Measures3 Measure Date ofAdoption Date Sentto 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 ConsumerProducts Program Approved: 74 FR57074,

- 2008 Amendment June 26, 2008 Feb. 16,2010 November4, 2009;

- 2009 Amendment Sept. 24, 2009 Jan. 28, 2011 76 FR27613, 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-ICleaner 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 andMaintenance Plan/orthe 1997National Ozone

Standard/orSan Diego County, December 5, 2012, Appendix B.

A-2Table 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-IgnitionEquipmentRegulation 2006 BorderTruck 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 Tier4 Standards 2004 Harbor Craft and Locomotive Clean Diesel Fuel Requirement 2004 Idling Limits for Trucks 2004 ConsumerProducts 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 CollectionVehicle Regulation 2003 Lawn and Garden Equipment Emission Standards 2003 Low Sulfur Diesel Fuel Regulation 2003 CaliforniaZEV 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 ConsumerProduct Emission Limits 1999 Portable Fuel Can Regulation 1999


### A-OTable 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 ofAgreement for the South Coast 

### 1997 Medium- and Heavy-Duty Gas Truck Emission Standards 

### 1995 Coatings Regulation 

### 1995 Large Off-Road Diesel Statement ofPrinciples 

### 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 2Emission 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 SUPPORTINGATTAINMENTDETERMINATION

### Summary The Tribe operates a single ozone monitorthat 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 ofvalid ozone data in the first seven months of2011 means that there are not three consecutive years ofcomplete data at this monitor. EPA has previously determined that ozone concentrations atthe nearby monitor at Temecula are reasonably similar in timing and magnitude.2 The analysis below demonstrates that using data collected at Temeculato complete the Pechanga data results in an ozone design value that is conservative (i.e., the actual design value for Pechangais reasonably certain to be less than or equal to the calculated value). The Pechanga design value is in compliance with the 1997 8-hour ozoneNAAQS. 

### PechangaMonitoring Data Pechanga monitoring data are summarized inTable B-1. Table B-4 Pechanga Monitoring Data Second- 8-Hour Highest Highest Standard Number I-Hour I-Hour 4th

-Highest ofValid 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, 20II. See also response letter from Sierra Research dated October4,2011. 2 U.S. EPA, Technical Analysis for Pechanga Band ofLuiseno Mission Indians ofthe Pechanga Reservation, p. 3
B-1As noted, above, while Pechanga's ozone monitor began operation in June 2008, EPA has raised questions regarding the validity ofPeehanga's ozone measurements from at least January 2010 through July 2011. The lack ofvalid ozone data in the first seven months of2011 means that there are not three consecutive years ofcomplete data at this monitor. Additionally, required biweeklyprecision 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 inthe 2011 Pechanga data gap, the resulting data set meets the 90% completeness criteriafor 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. Temeculamonitoring 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 ofValid 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 orARB websites.


### Basis for Using Temecula Datato Substitute for Missing Pechanga Data Pechanga's ozone monitorbegan operation in June 2008, but EPA has raised questions regarding the validity ofPeehanga's ozone measurements from at least January 2010 through July 2011. The lack ofvalid ozone data inthe 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-2that there are notthree consecutive years ofcomplete data atthis monitor. As shown in Table 1, all ofthe complete years ofdata 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 ofsubstitute data for the Pechangadata gap in 2011. Consistent with EPA'sprior determination, Temeculawas selected as the source ofsubstitute data for 2011. Palaand Oceanside were eliminated because maximum 8- hour average concentrations at the Pechangamonitor were often higher thanthe corresponding values atthese other monitors during the attainment demonstration period. Use ofPala 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-3EPA has compared data from Temecula and Pechanga monitors inthe past, and has concluded that "ozone concentrations at Pechanga are reasonably similar in magnitude and timing to a nearby monitor located north ofTemecula.,,4 As shown in Figure B-2, Pechanga concentrations are very similarto, andtend to be slightly lowerthan, Temecula concentrations throughout the year. Use ofTemecula data in the Pechanga attainment demonstration would therefore be conservative. Because use ofTemecula data would be conservative, because Temecula is closerto Pechangathan Lake Elsinore, and because EPA has previously determined that ozone concentrations at Temecula are similarto those at Pechanga, Temecula was selected as the source ofsubstituted 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 ofDaily 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 ofLuiseno Mission Indians ofthe Pechanga Reservation, p. 3.
B-4

### AttainmentDemonstration Attainment withthe 8-hour ozone NAAQS is demonstrated for Pechangaby 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-hourNAAQS 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 ofdays with valid, complete data must be 75% ofthe 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 Temeculamonitor are complete for 2011. Concentrations in Pechanga for the attainment period of2011 through 2013 are represented by complete monitoring data from the Temeculamonitor for 2011, and complete monitoring data from the Pechangamonitor for 2012-2013. Thejustification for using Temecula datato characterize ozone concentrations at Pechanga is provided above. Temecula data for 2011 were used in the attainment demonstration in place ofthe 2011 Pechangadata. 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 Pechangamonitoring station, which is belowthe standard of0.08 ppm. Thus, the 1997 ozone NAAQS has been attained throughout the PechangaReservation Nonattainment Area.

5 The applicable regulations require monitoring data to be reported to three figures afterthe 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-5TableB-3 Annual Fourth Highest Daily Maximum 8-hour Ozone Concentrations for Pechanga Monitoring Station (ppm) Method Used to Complete Weighted Design 20II 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 ofthe4th highest daily maximum 8-hour ozone concentrations for the monitoring site.

B-6