### PECHANGA INDIAN RESERVATION

March 3, 2015 Temecula Band ofLuiseno Mission Indians Post Office Box 1 477 • 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 Protect ion 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 E

PA-R09-0AR-20 14-0869 Dear Mr. Blumenf eld : 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 ("TAS") 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 ofMonitoring 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 inaccurat e 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 ofdestroyi ng 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 ofTemecula, 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 conunuter 2 ; 

### 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 a11 3

. 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 of4.1 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 ofheavy 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 I nstitute's 2010 Urban Mobilit y Report. Texas A&M, College Station, TX. 3 EPA. 2014. Ground-leve l Ozone: Basic Information. Accessed February 28, 2015. ( http://www.epa .gov /airqualityIozonepo ll ution/basic.html) 4 Department of Water Resources. 2014. Water Year 2014 Ends as 3rd Driest in Preci pitation: on Heels of DriestEver Calendar Year (http://www.water.ca.gov/waterconditions/) PECHANGA INDIAN RESERVATION Temecula Band of Lulseiio Mission IndiansMr. Jared Blumenfeld, Regional Administrator U

.S. Environmental Protection Agency, Region 9 March 3, 2015 Page 3 of7 engaging in the cherry-pick i ng ofnumbers and selective omission offacts 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 20 14, 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 ofheavy 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 ofwhat 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. Ta ble 1 . 95 1h percent il e dat a fo r 8-hour ozone f rom Pechanga a nd Te m ecu l a a i r s tati ons (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 th e entire year, was**0.079 ~**  the May 2014 fire caused the fomth highest ozone day ofthe year as noted in om data set reported to the EPA's Air Qualjty System (AQS)
. Regardless ofthe 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 2008 6

. 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 Lu iseiio Mission Indians of the Pechanga Reservation Nonattainment Area. Sacramento, CA PECHANGA INDIAN RESERVATION Temecula Band of Lutselio Mission IndiansMr. Jared Blumenfeld, Regional Administrator U.S. Environmental Protection Agency, Region 9 Marcb 3, 2015 Page 4 of7 period of 2012-2025 7

. 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 standard 8

. 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 ofthese programs in their own Air Qualit y 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 scenar io 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 ofthe 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, I nc. 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 ofLutseflo Mission IndiansMr. 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 10). 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 explo sive 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 percent 11 • Again, this growth comes in spite ofthe 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. Profi le of the City of Temecula. SCAG, Los Ange les, CA. PECHANGA INDIAN RESERVATION Temecula Band ofLuisefio Mission IndiansMr. 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 ofthe Pechanga Indian Reservation.

Mark Macano Tribal Chairman

PECHANGA INDIAN RESERVATION Temecula Band ofLuisefio Mission IndiansMr. Jared Blumenf eld, Regional Administrator U.S. Environmental Protection Agency, Region 9
Attachme nt A
. Figures Unless otherwise noted, all graphs, figures, and analy ses were performed using sta ti stical analysis program {R version 3.1.0 11Spr ing Dance"} , Apr i/4, 2014. March 3, 2015 Page 7 of7

R open-source Figurel. A Scatterplot Matrix of: 8-h our Ozone data from Pechanga's Air Statio n, Peak Temperature, Average Temperature, Tota l Rainfall, and Peak Traffic Load 12 for 2011-2013.
0.0720 0.0735 0
.0750 38.5 39.5 

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. 15 11600 1 1800 8 9 11 13

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 l nterstate - 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