PECHANGA INDIAN RESERVATION 

Temecula Band qf Luisefio Mission Indians 

Post Office Box 1477 0 Temecula, CA 92593 

Telephone (9bI) 770-6000 Fax (951) 69t'l-1778 

VIA FEDERAL KXPRESS 

Jared BlumenJeId 

Regional Administrator 

February 23, 2012 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

Re: Request to Create a Separate Nonattainment Area for the Pechanga Indian 

Reservation 

Dear Mr. Blumenfeld: 

Tribal Chainnan: 

Mark Macarro 

Council Members: 

Mark Caine 

Corrine Garbani 

Andrew Masicl, Sr. 

R11ssell "Buich" Murphy 

Kenneth Perez 

Bcnj<.ullin "Ben" Vasquez 

Tribal Treasurer: 

Christina McMenamin 

Tribal Secretary: 

Louise Burke 

This will respond, on behalf of the Pechanga Band of Luisefio Mission Indians 

("Pechanga" or "Tribe"), to the Regional Administrator's letter of Decembcr 9, 201 1. 

That lettcr offered an opportunity to submit additional information for EPA to consider in 

its designation decision affecting the Pechanga Indian Reservation. 

In a previous submittal to EPA, I Pechanga requested that EPA create a separate 

nonattainment area f()r the Pechanga reservation. Failing that, Pechanga requested that its 

territory be included in the San Diego Nonattainment Area. These requests were 

supported by a detailed technical justification based on application of the nine factors 

suggested by lOP A guidance inr establishing or changing nonattainment area boundaries. 

The letter also presented information about the history of the nonattainment area 

boundaries in the area. One key element of this history is the failure of the agencies to 

consult with the Tribe in any meaningful way with regard to this issue2 

EPA has proposed to modify Pechanga's recommended area designation and to designate 

Pechanga's area of Indian country as nonattainment along with the San Diego Air Basin 

surrounding state area. 3 The Technical Support Documcnt4 (TSD) provides details 

regarding EPA's preliminary decision. 

As described in the TSD, EPA used a five-factor analysis to support its preliminary 

dceision. 

I Letter 11·om Mark Macarro to Deborah Jordan, June 23, 2009 

2 Letter !i·om Mark Macarro to Deborah Jordan, June 23, 2009 

3 Letter from Jared BlumenfeJd to Mark Macarro, December 9, 2011 

4 Technical Support f)ocumenl./brthe 2008 NAAQS Designations 
Jared Blumenfeld 

Regional Administrator 

U.S. Environmental Protection Agency, Region 9 

Page 2 

EPA did not approve Pechanga's preferred approach because EPA's analysis failed to 

substantively evaluate, much less give proper weight to, the fifth factor in the five-factor 

analysis: Jurisdictional Boundaries.' If the jurisdictional boundary criterion is given its 

proper weight, and the sovereignty of the tribal government is given due deference, 

EPA's multi-factor analysis, and EPA's policy for implementing the 8-hour ozone 

standard in Tribal areas, supports Pechanga's preferred approach: designation of 

Pechanga's tribal territory as a separate nonattainment or attainment area. 

The analysis in the TSD did not consider relevant facts. 

EPA recently published guidance specifIcally addressing its policy for designations for 

Tribal lands 6 This guidance addresses Pechanga's precise situation, where EPA has 

received a tribal request for separate designation. The same fIve factors discussed above 

are used to determine whether it is appropriate to use tribal boundaries to establish a 

separate nonattainment area. The principal distinction between the tribal process and the 

non-tribal process is the increased weight given to the tribal boundaries out of recognition 

of and respect for tribal sovereignty. 

In its June 23, 2009 letter to Deborah Jordan, Pechanga requested that EPA create a 

separate nonattainment area for the Pechanga Reservation or, alternatively, move the 

northern boundary of the San Diego Nonattainment Area westward to include the 

Pechanga Reservation. Peehanga's request was supported by an attachment to its letter 

that addressed the nine7 factors suggested in EPA guidance for establishing or changing 

nonattainment area boundaries. 

In EPA's evaluation of the (now consolidated) fIve factors affecting nonattainment 

boundaries, the fIrst three factors do not weigh in favor of either grouping or not grouping 

Pechanga with San Diego County; the fourth factor (Geography/Topography) supports 

including Pechanga with San Diego County; while the fifth factor (Jurisdictional 

Boundaries) supports not grouping them but honoring the tribal request for a separate 

designation. 

If the jurisdictional boundary criterion is given its proper weight and the sovereignty of 

the Tribe is given due deference, EPA's multi-factor analysis, and EPA's policy for 

implementing the 8-hour ozone standard in Indian Country, support Pechanga's preferred 

approach of designation of the Pechanga Indian Reservation as a separate nonattainment 

area. 

5 TSD, Technical Analysis for San Diego County, p. 13 of 14. 

(, Page, PoNcyfor ESfaiJlisMng Separate Air Quali~y Designofhms./br Areas C?j1ndian Country, December 

20,2011. 

7 The nine factors have been subsequently condensed to the five factors currentty in usc. 
Jared Blumenfeld 

Regional Administrator 

U.S. Environmental Protection Agency, Region 9 

Page 3 

The Tribe appreciates the fact that EPA determined that it was not appropriate to group 

Pechanga's tribal lands with South Coast. However, the Tribe respectfully requests that 

EPA fully consider and support the Tribe's request for creation of a separate 

nonattainment area for the Pechanga Indian Reservation. We specifically request that the 

analysis in the TSD be expanded to compare the case for a separate nonattainment area 

with the case for including Pechanga in the San Diego Nonattainment Area. We are 

especially interested in understanding EPA's assessment of the degree that each factor 

supports one case over the other, and the relative weight that EPA assigns to each factor 

in this situation. 

We look forward to your response and working with EPA on these important issues. 

Coordination of your agency's consultation with the Tribe should be arranged through 

Syndi Smallwood, Environmental Director, at (951) 770-6150. Questions or issues of a 

legal nature should be directed to Jim Cohen, Deputy General Counsel, at (95 1) 770-

6176. Questions or issues of a technical nature should be directed to Gary Rubenstein at 

Sierra Research, at (916) 444-6666. 

Mark Macarro 

Chairman