M E M O R A N D U M 
To:   		Docket EPA-R09-OAR-2012-0721
From: 		Wienke Tax, EPA Region IX, Air Planning Office
Date:		November 30, 2012
Concerning:  	EPA Proposed Rule, Finding of Substantial Inadequacy of Implementation Plan; Call for California State Implementation Plan Revision; South Coast  -  Notes of Consultation Meeting with Representatives from Pechanga Indian Reservation, Temecula Band of Luiseño Mission Indians Concerning the SIP Call, November 28, 2012.
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On Wednesday, November 28, 2012, EPA Region 9 staff and managers Elizabeth Adams, Jefferson Wehling, Ken Israels, Sara Bartholomew, Meredith Kurpius, Wienke Tax, and Karina O'Connor (by teleconference) participated in a meeting with Pechanga Indian Reservation, Temecula Band of Luiseño Mission Indians Council member Catalina Chacon, Environmental Director Syndi Smallwood, Environmental Specialist Helen Rain Waquiu, Pechanga Tribal counsel James Cohen, and Pechanga consultant Gary Rubinstein (of Sierra Research).
The purpose of the meeting was to discuss EPA's proposal regarding the 1-hour ozone SIP call for South Coast, and the potential impacts of this action on tribal lands in the South Coast nonattainment area, among other topics.
Gary Rubinstein expressed the Tribe's concern about the language in the statutory and executive review section of the proposed rule related to tribes and Executive Order (E.O.) 13175. Their concern was that the SIP call applies to a geographic area that includes the Pechanga reservation. While issues regarding the adequacy of the SIP are between the State, South Coast Air Quality Management District, and EPA, the Tribe was concerned that discretionary or mandatory offset sanctions could affect the Tribe. We noted that the SIP call was for the state of California for the South Coast area. Any SIP deadlines would not apply to Pechanga under the Tribal Authority Rule (TAR), thus there would be no trigger for sanctions. The Tribe requested that we clarify this in the final rule, and we agreed to do that.

