PECHANGA INDIAN RESERVATION 

March 3, 2015 

Temecula Band of Luiseno Mission Indians 

Post Office Box 1477 • Temecula, CA 92593 

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

Via EPA Portal at http://www.regulations.gov and Fed Ex 

Mr. Jared Blumenfeld 

Regional Administrator 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

San Francisco, CA 94195 

Tribal Chairman: 

Mark Macarro 

Council Members: 

Catalina R. Chacon 

Corrina R. Garbanl Sanchez 

Marc Luker 

Andrew Masiel. Sr. 

Robert "R.J." Mw1oa 

Russell "Butch" Murphy 

Tribal Secretary: 

Louise Burke 

Tribal Treasurer: 

Christina McMenamin 

Re: The Pechanga Band of Luiseiio Indians' Response to the South Coast Air Quality 

Management District's February 5, 2015, Conunents Regarding "Approval ofthe Tribal 

Implementation Plan and Designation of Air Quality Planning Areas; Pechanga Band of 

Luisefio Indians; Proposed Rule" 80 Fed. Reg. 436 (January 6, 2015); Docket Number 

EP A-R09-0AR-20 14-0869 

Dear Mr. Blumenfeld: 

This letter is the Pechanga Band of Luisefio Indians' ("Pechanga") response to the comments 

submitted by the South Coast Air Quality Management District ("District") on February 5, 2015. 

First and foremost, Pechanga has, and will continue to adamantly protect the clean air and 

environment of the Pechanga Indian Reservation. The Pechanga Reservation is our home, and 

our people have lived in this area since time immemorial. The air, water, and environment are 

sacrosanct to our people and culture. Accordingly, we have filed our Treatment as a State 

("T AS") and Tribal Implementation Plan ("TIP") to better protect the natural environn1ent which 

we have been bestowed. 

Unfortunately, and once again, the District has mischaracterized Pechanga's TAS application. 

Moreover, the District has attempted to attack Pechanga's TIP by way of inaccurate statements 

and fear mongering. Our response to the District's comments follows below. 

Use of Monitoring Data 

Because of a temporary equipment issue, Pechanga utilized Temecula's air quality monitoring 

data for 2010. The use of such data, collected a few miles away is not unreasonable, and is an 

EPA accepted method for demonstrating compliance with an approved National Ambient Air 

(Continued) 
Mr. Jared Blumenfeld, RegionaJ Administrator 

U.S. Environmental Protection Agency, Region 9 

March 3, 2015 

Page 2 of7 

Quality Standard (NAAQS)1

. More importantly, the 8-hour ozone data from the Temecula air 

station-maintained and operated by the District- consistently shows ozone levels equal to or, 

more frequently, higher than those at Pechanga. In fact, Pechanga's 8-hour ozone levels have 

never surpassed those reported for the Temecula station. Even with Temecula's data for 2010, 

Pechanga's airshed is still in attainment for the 1997 8-hour ozone standard. The District's 

inaccurate and inflammatory claims that Pechanga's motivation for its TIP and TAS application 

is to attract large polluters who seek to avoid stringent air quality controls and, thus, provide 

Pechanga with an economic advantage over the District's airshed are patently false. Pechanga's 

competitive advantage is its own clean, pristine air and environment. Pechanga has no intention 

of destroying its superior air quality by allowing large polluters to operate on its sovereign Tribal 

lands. 

As the District knows, Pechanga's air quality is degraded by off-Reservation sources, such as the 

burgeoning cities of Temecula, Murrieta, and other sunounding urban growth areas in Riverside 

County, as well as the millions of car trips along Interstate 15 adjacent to the Pechanga 

Reservation. As described in the 2010 Texas A&M Traffic Congestion Study, the Riverside-San 

Bernardino urban area had an average delay of 38 minutes per auto conunuter2

; this level of 

congestion and idling heavily contributes to ozone levels, as the District is well aware. 

The connection between ambient air temperature, rainfall, and ozone levels is well known by 

researchers and the EPA who are collectively working to study the issue and improve air quality 

for a113

. It should be noted that the years 2011-2013 experienced some exceptional weather 

conditions that contributed to the higher than normal ozone levels rep01ted in Pechanga's TIPozone levels that the District is pointing to as evidence of an "upward trend" on Reservation 

lands. Excessive average ambient temperatures, peak temperatures, and exceptionally low total 

rainfall have corresponded to ozone levels measured at Pechanga (Attachment A; Figure 1). The 

October 1, 20 13-September 30, 2014 rainfall year was the third driest in California's 119 years 

of record, while the calendar year of 2013 was the driest in California's history. The State also 

experienced record-breaking temperature highs of 4.1 degrees Fahrenheit above the 20th Century 

average4

. The exceptional nature of these meteorological phenomena was recognized by the 

State of California when Governor JeiTY Brown declared a State of Emergency on January 17, 

2014, and, subsequently formed the Governor's Drought Task Force. 

For the District to imply that Pechanga, who has not engaged in any additional commercial or 

point source pollution activity since 2011, has an "upward trend" of ozone emissions while 

ignoring the scientifically verifiable facts that elevated temperatures and low rainfall- such as 

those experienced during this record-setting drought- will always contribute to higher ozone 

levels in presence of heavy vehicle emissions is misleading at best. It appears that the District is 

1 40 CFR Appendix D, Part 58 2 Schrank, D., Eisele, B., and Lomax, T.2012. Texas Transportation Institute's 2010 Urban Mobility Report. Texas 

A&M, College Station, TX. 

3 EPA. 2014. Ground-level Ozone: Basic Information. Accessed February 28, 2015. 

(http://www .epa .gov /ai rquality I ozonepollution/basic. html) 4 Department of Water Resources. 2014. Water Year 2014 Ends as 3rd Driest in Precipitation: on Heels of DriestEver Calendar Year (http://www.water.ca.gov/waterconditions/) 

PECHANGA INDIAN RESERVATION 

Temecula Band of Lulseiio Mission Indians 
Mr. Jared Blumenfeld, Regional Administrator 

U.S. Environmental Protection Agency, Region 9 

March 3, 2015 

Page 3 of7 

engaging in the cherry-picking of numbers and selective omission of facts that is common among 

those who seek to mislead with statistics. 

Pechanga and Temecula Air Quality Monitoring 

The District continues its efforts to mislead by presenting a chart that compares Temecula's 

January-March 2014, 8-hour ozone data with Pechanga's January-June 2014, 8-hour ozone data 

as further "evidence" of Pechanga's increasing ozone emissions. Never is it appropriate to 

compare only spring data (January-March) with spring through summer data (January-Jtme) as 

anyone who works with ozone is aware that the increased late spring temperatures will always 

result in increased ozone levels in the presence of heavy vehicle emissions. 

There are two very important details that need to be noted with this data set. The District has not 

noted its own equipment errors and data logging errors that began on April 3, 2014 at 10:00 am 

and continued tlu·oughout the year, which invalidated the entire year's data collected at the 

Temecula station (due to not meeting the 75% completeness required by the EPA)5

. Also, there 

was a large fire that occurred next to Pecbanga' s boundary that produced an exceptional event 

from May 16 through May 18, 2014. 

When exceptional events, such as the large fire near Pechanga happen, it can be difficult to gain 

a holistic view of the airshed. In these cases, taking the 95th percentile reading of the data can 

give a better picture of what an average 8-houl' ozone day may look like on the Reservation. The 

95th percentile data removes the very high and very low ozone days~ it essentially removes the 

most extreme events in a given data set. This is a more accurate reading of air quality trends 

(Table 1). The 95th percentile data for 2014 for the Pechanga station is 0.070. 

Table 1. 951

h percentile data for 8-hour ozone from Pechanga and Temecula air stations (2011-2013) 

Year Pechanga Temecula 

2011 0.070 0.072 

2012 0.071 0071 

2013 0.064 0.069 

This table illustrates what the reported 8-hour ozone (foUith highest day) levels show-that 

Pechanga consistently has equal to or better air quality than that reported at tl1e Temecula air 

station. In addition, Pechanga's 2014 level, for the entire year, was 0.079 ~ the May 2014 fire 

caused the fomth highest ozone day of the year as noted in om data set reported to the EPA's Air 

Qualjty System (AQS). Regardless of the extreme May 2014 weather events~ 95th percentile data 

or other readings of the 8-hom ozone standard, Pechanga has continued to be in attainment for 

tl1e 1997 8-hour ozone standard since monitoring began in 20086

. 

As clearly demonstrated in Pechanga's TIP, ozone precursors are expected to decline even 

without emissions reductions generated by Title V permit programs throughout the maintenance 

5 http://www.epa.gov/ttn/airs/airsaqs/aqsweb/ 

6 Sierra Research, Inc. 2014. Ozone Resignation Request and Maintenance Plan for Pechanga Band of Luiseiio 

Mission Indians of the Pechanga Reservation Nonattainment Area. Sacramento, CA 

PECHANGA INDIAN RESERVATION 

Temecula Band of Lutselio Mission Indians 
Mr. Jared Blumenfeld, Regional Administrator 

U.S. Environmental Protection Agency, Region 9 

Marcb 3, 2015 

Page 4 of7 

period of 2012-20257

. This very conservative estimate clearly shows that, despite projected 

population and traffic increases, the Pechanga airshed will remain in attainment as the Tribe 

stated in their TIP. 

Maintenance Plan Control Measures 

As stated in Pechanga's TIP, the only major stationary source of ozone precursors is the 

Pechanga Resort. Of this source, boilers and emergency generators (which are not rw1 

continuously) are the major emissions producers. As part of Pechanga's Title V permit 

application, Title V rep01is and fees are filed and paid annually. These repmts demonstrate the 

extent of Pechanga's emissions. It should be clear that the vast majority of ozone measured at 

Pechanga's air quality monitoring station is coming fi·om the District which is in Extreme 

Nonattainment for the 1997 8-hour ozone standard8

. It is reasonable for Pechanga's TIP to 

implement a Maintenance Demonstration that demonstrates the reduction in ozone precursors as 

a result of the implementation of the California Air Resources Board (CARB) programs. The 

District recognizes that the CARB programs will reduce ozone precmsors and improve air 

quality throughout the region, which is why the District included projected air quality 

improvements as a result of these programs in their own Air Quality Management Plan9

. 

The District's statements that "an unlimited number of somces as large as a major power plant or 

refinery could be built on the Reservation" are inaccmate and disingenuous (Emphasis Original). 

As the District kn.ows, Pechanga is still required to maintain the 1997 8-hour ozone standard, as 

well abide by the Clean Air Act ("CAA'') and other applicable federal environmental laws. The 

District's desperate fear mongering, however, continues with a wholly unlikely scenario that 

"somces will locate on the Pechanga Reservation where feasible, to avoid the more stringent 

major somce controls elsewhere." Again, Pechanga's TIP and TAS application mandates the 

Tribe to ensure the quality of the air on the Reservation is maintained. This is similar to when a 

state submits a State Implementation Plan (SIP), as provided by federal law, to control air quality 

(and its somces) within its sovereign bow1daries. As the District knows, the TIP does not absolve 

Pechanga of the legal requirement to maintain healthy air quality under the CAA. 

As far as minor NSR and LAER concerns, Pechanga will always work to maintain its air quality 

to the greatest extent practicable in order to protect the health, safety, and welfare of the Tribe, 

its members, and guests. Finally, the 100 tons per year standard only applies to major somce 

emissions, which will not be permitted at Pechanga. 

Pechanga has a limited land base. Moreover, Pechanga's competitive advantage is its clean air 

and pristine natural environment. Accordingly, Pechanga has no intention of permitting major 

emission sources which would adversely affect Pechanga's clean air competitive advantage, as 

7 Sierra Research, Inc. 2014. Ozone Resignation Request and Maintenance Plan for Pechanga Band of Luisefio 

Mission Indians of the Pechanga Reservation Nonattainment Area. Table S-2. Sacramento, CA 

8 South Coast Air Quality Management District. 2012. Air Quality Management Plan: Chapter 2, Air Quality and 

Health Effects. South Coast Air Quality Management District, Diamond Bar, CA. 9 South Coast Air Quality Management District. 2012. Air Quality Management Plan. South Coast Air Quality 

Management District, Diamond Bar, CA. 

PECHANGA INDIAN RESERVATION 

Temecula Band of Lutseflo Mission Indians 
Mr. Jared Blumenfeld, Regional Administrator 

U.S. Environmental Protection Agency, Region 9 

March 3, 2015 

Page 5 of7 

well as be contrary to the Tribe's culture and traditions of environmental protection and 

stewardship. 

Control Measures 

Also contrary to the District's claim, there will be no loss of local control in the TIP. The District 

is well aware that the vast majority of emissions, which are detected at Pechanga's air 

monitoring station, come from outside the Pechanga Reservation. As noted above, those 

emissions flow from the burgeoning surrounding cities and the millions of car trips on Interstate 

15. Pechanga has no jurisdictional authority off Reservation. We leave jurisdiction and 

enforcement to the District to enforce emissions control programs adjacent to the Pechanga 

Reservation. 

The 2010 U.S. Census data showed that Riverside County was the fastest-growing county in 

California in the last decade (2000-20 1 0). The 2010 repmted population for the County was 

2.19 million, up 41.7 percent from the 644,254 population reported in 2000 10

. This explosive 

growth trend has occurred in spite of the 2008 housing market crash and has brought a 

commensurate increase in traffic. The neighboring community of Temecula has increased its 

population from 57,716 in 2000 to 100,097 in 2010, a total gain of 57.6 percent11 • Again, this 

growth comes in spite of the 2008 market crash. It is completely unreasonable for the District to 

claim that this type of population growth has no impact on ozone precursor production, ozone 

levels, or ozone levels detected at the Pechanga air monitoring station. 

Emissions Inventory 

As far as Pechanga emissions, while many people visit the Pechanga Resort they do not each 

drive their own, separate car. In addition, not every Pechanga resident is driving a car. In fact, 

there are many elderly and minor Tribal residents who do not drive a car. Even if there is an 

increase in resort operations, Pechanga must still adhere to the 1997 8-hour ozone standard as 

outlined in the Tribe's TIP, as well as applicable federal laws to maintain its clean air. 

Contingency Plan, Air Quality Designations, and Indian Country within the South Coast Air 

Basin Comments 

The District's comments in these sections are a tired rehash of the District's previous attempts to 

attack Pechanga's application. Please refer to Pechanga's letter dated October 29, 2014, for ow· 

responses. 

10 United States Census. 2010. United States Census Data. Accessed February 22, 2015. 

(http:/ /www.census.gov/2010census/} 11 Southern California Association of Governments. 2013. Profile of the City of Temecula. SCAG, Los Angeles, CA. 

PECHANGA INDIAN RESERVATION 

Temecula Band of Luisefio Mission Indians 
Mr. Jared Blumenfeld, Regional Administrator 

U.S. Environmental Protection Agency, Region 9 

Conclusion 

March 3, 2015 

Page 6 of7 

Pechanga is moving forward with its own clean air and ozone control permitting process in order 

to protect Pechanga's air quality. The Pechanga Reservation is our home, and our people have 

lived in this area since time immemorial. The air, water, and environment are sacred to our 

people and culture. Pechanga has, and will continue to adamantly protect the clean air and 

environment of the Pechanga Indian Reservation. 

Mark Macano 

Tribal Chairman 

PECHANGA INDIAN RESERVATION 

Temecula Band of Luisefio Mission Indians 
Mr. Jared Blumenfeld, Regional Administrator 

U.S. Environmental Protection Agency, Region 9 

Attachment A. Figures 

Unless otherwise noted, all graphs, figures, and analyses were performed using 

statistical analysis program {R version 3.1.0 11Spring Dance"}, Apri/ 4, 2014. 

March 3, 2015 

Page 7 of7 

R open-source 

Figurel. A Scatterplot Matrix of: 8-hour Ozone data from Pechanga's Air Station, Peak Temperature, 

Average Temperature, Total Rainfall, and Peak Traffic Load12 for 2011-2013. 

0.0720 0.0735 0.0750 38.5 39.5 

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ave_ temp= Average Temperature for the year, ozone=S-hour ozone data reported from the Pechanga air monitoring station, 

pk_hr=Total traffic volume during the busiest hour of the day (e.g. "rush hour"), pk_tem=Highest reported temperature for 

the year, total_rain=Total rainfall for the year. 

12 Peak Traffic Loads were taken from CaiTrans reported traffic volumes 2011-2013; data were averaged from 

monitoring segments along the lnterstate-15 corridor: San Diego/Riverside County Line, South Jet. Rte. 79, Rancho 

California Road, North Jet. Rte.79. Accessed February 22,2015 (http://traffic-counts.dot.ca.gov/) 

PECHANGA INDIAN RESERVATION 

Temecula Band of Lulseflo Mission Indians