                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                   REGION IX
                              75 Hawthorne Street
                           San Francisco, CA  94105

                                April 14, 2020

Memorandum

Subject: 	Summary of Tribal Consultation Regarding California's Request for Reclassification of the South Coast Area from Moderate Nonattainment to Serious Nonattainment for the 2012 PM2.5 National Ambient Air Quality Standard  

From:   Ashley Graham, Air Planning Office, Air and Radiation Division
      Kate Harper, Grants and Program Integration Office, Air and Radiation Division 

To: 	Docket # EPA-R09-OAR-2019-0145

On April 27, 2017, the State of California submitted a request for reclassification of the South Coast area from "Moderate" nonattainment to "Serious" nonattainment for the 2012 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS). Consistent with Executive Order 13175 and the EPA's Policy on Consultation and Coordination with Indian Tribes, we offered consultation to the six tribes that have lands within the South Coast 2012 PM2.5 nonattainment area  -  the Cahuilla Band of Mission Indians of the Cahuilla Reservation, the Morongo Band of Mission Indians, the Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation, the Ramona Band of Cahuilla, the San Manuel Band of Mission Indians, and the Soboba Band of Luiseno Indians. Included below is a summary of our outreach to the tribes, and our consultation with the Morongo Band of Mission Indians.

Outreach

Cahuilla Band of Mission Indians of the Cahuilla Reservation: 
 EPA letter offering consultation sent via US Mail on January 22, 2020 and via email on January 23, 2020. The letter was addressed to Daniel Salgado, Chairman, Cahuilla Band of Mission Indians of the Cahuilla Reservation with cc to Casey Corliss, Environmental Director.
 January 27, 2020. Informal call between Andrea Candelaria and EPA R9 (Ashley Graham and Kate Harper).
 Ms. Candelaria informed EPA that the tribe would have a new environmental director starting on February 19, 2020. She requested that the EPA send the letter to her via email so that she could follow up with the Tribal Council. 
 Ashley Graham sent the letter to Ms. Candelaria via email on January 27, 2020.
 February 20, 2020. Ashley Graham sent a follow up email to Ms. Candelaria inquiring if the Cahuilla Band of Mission Indians of the Cahuilla Reservation wanted to consult with EPA regarding the request to reclassify the South Coast 2012 PM2.5 area to Serious nonattainment. No response was received.


  Morongo Band of Mission Indians:
 EPA letter offering consultation sent via US Mail on January 22, 2020 and via email on January 23, 2020. The letter was addressed to Robert Martin, Chairman, Morongo Band of Mission Indians with cc to Dana Morey, Environmental Director.
 January 27, 2020. EPA R9 (Ashley Graham and Kate Harper) left a voicemail for Dana Morey regarding the EPA letter offering consultation. 
 Ms. Morey subsequently confirmed with Kate Harper that she had received EPA's letter.
 February 7, 2020. Ms. Morey notified EPA via email that the Morongo Band of Mission Indians wanted to initiate formal consultation on the request to reclassify the South Coast area to Serious nonattainment. 
 February 19, 2020. Ms. Morey emailed a list of questions and topics for discussion to the EPA in preparation for the March 12, 2020 consultation. 
 March 12, 2020. Formal consultation conducted via teleconference. Morongo was represented by Dana Morey, Environmental Director; Karen Woodard, Realty Administrator; Kimberly Cluff, In-House General Counsel; Pamela Atcitty, Environmental Specialist II, Tribal Air Program; and Jessica Southard, Environmental Administrative Assistant. EPA Region 9 was represented by Amy Zimpfer, Assistant Director, Air and Radiation Division; Anita Lee and Ashley Graham, Air Planning Office; Jeanhee Hong, Office of Regional Counsel; Kate Harper, Grants and Program Integration Office; and Sheila Tsai, Air Permitting Office.
 March 24, 2020. Ashley Graham emailed information requested by Ms. Morey during the March 12, 2020 call. 
 April 3, 2020. Ms. Morey notified the EPA via email that the Tribe had no further questions or concerns and requested that we close formal consultation.

Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation
 EPA letter offering consultation sent via US Mail on January 22, 2020 and via email on January 23, 2020. The letter was addressed to Mark Macarro, Chairman, Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation with cc to Kelcey Stricker, Environmental Director.
 January 27, 2020. EPA R9 (Ashley Graham and Kate Harper) left a voicemail for Kelcey Stricker regarding the EPA letter offering consultation. 
 January 29, 2020. Ms. Stricker requested via email that the EPA resend the letter via email. EPA resent the letter and Ms. Stricker confirmed receipt via email.
 February 13, 2020. Ms. Stricker notified EPA via email that the Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation wanted to initiate staff-level consultation on the request to reclassify the South Coast area to Serious nonattainment. 
 March 12, 2020. Staff-level consultation conducted via teleconference. Pechanga was represented by Kelcey Stricker, Environmental Director; and Michele Fahley, Deputy General Counsel. EPA Region 9 was represented by Amy Zimpfer, Assistant Director, Air and Radiation Division; Anita Lee and Ashley Graham, Air Planning Office; Jeanhee Hong, Office of Regional Counsel; Kate Harper, Grants and Program Integration Office; and Sheila Tsai, Air Permitting Office.
 April 7, 2020. Ashley Graham emailed Kelcey Stricker and Michele Fahley to see if the Tribe had any additional questions. No response was received.




Ramona Band of Cahuilla
 EPA letter offering consultation sent via US Mail on January 22, 2020 and via email on January 23, 2020. The letter was addressed to Joseph Hamilton, Chairman, Ramona Band of Cahuilla with cc to Nicolette Jonkhoff, Environmental Director.
 January 27, 2020. Informal call between John Gomez and EPA R9 (Ashley Graham and Kate Harper).
 Mr. Gomez informed EPA that he is currently the environmental director and requested that the EPA send the letter to him via email. He requested that the EPA resend the letter to him via email so that he could follow up with the Tribal Council. 
 Ashley Graham sent the letter to Mr. Gomez via email on January 27, 2020 and he confirmed receipt via email.
 February 20, 2020. Ashley Graham sent a follow up email to Mr. Gomez inquiring if the Ramona Band of Cahuilla wanted to consult with EPA regarding the request to reclassify the South Coast 2012 PM2.5 area to Serious nonattainment. No response was received.

San Manuel Band of Mission Indians
 EPA letter offering consultation sent via US Mail on January 22, 2020 and via email on January 23, 2020. The letter was addressed to Lynn Valbuena, Chairperson, San Manuel Band of Mission Indians with cc to Clifford Batten, Environmental Manager.
 January 27, 2020. Informal call between Clifford Batten and EPA R9 (Ashley Graham and Kate Harper).
 February 20, 2020. Ashley Graham sent a follow up email to Mr. Batten inquiring if the San Manuel Band of Mission Indians wanted to consult with EPA regarding the request to reclassify the South Coast 2012 PM2.5 area to Serious nonattainment. No response was received.

Soboba Band of Luiseno Indians
 EPA letter offering consultation sent via US Mail on January 22, 2020 and via email on January 23, 2020. The letter was addressed to Scott Cozart, Chairman, Soboba Band of Luiseno Indians with cc to Steven Estrada, Environmental Manager.
 January 27, 2020. Informal call between Steven Estrada and EPA R9 (Ashley Graham and Kate Harper).
 Mr. Estrada requested that the EPA resend the letter to him via email. 
 Ashley Graham sent the letter to Mr. Estrada via email on January 27, 2020.
 February 20, 2020. Ashley Graham sent a follow up email to Mr. Estrada inquiring if the Soboba Band of Luiseno Indians wanted to consult with EPA regarding the request to reclassify the South Coast 2012 PM2.5 area to Serious nonattainment. No response was received.



Summary of March 12, 2020 Consultation Call with the Morongo Band of Mission Indians

 EPA: We consider the call to be formal consultation per the email from Dana Morey on February 7, 2020. Ms. Morey confirmed that the call would initiate formal consultation. 
 EPA described the process for evaluating the State's submittal and for taking action, noting that after the proposal publishes in the Federal Register, there will be a 30-day public comment period, after which EPA will consider comments and publish a final action.
 EPA and the Tribe discussed the following questions and discussion topics provided by the tribe via email in advance of the call: 
 Morongo: Please provide a brief overview of the NAAQS classification/reclassification process and any other background information you feel may be helpful for Tribal Leadership 
            EPA shared PowerPoint slides with Morongo prior to the call to provide this overview. EPA walked through the slides with the Tribe on the call. The slides included an overview of the PM2.5 designations for the South Coast and Morongo, the Clean Air Act requirements for PM2.5 Moderate nonattainment areas, California's request to reclassify the South Coast area to Serious, implications for tribes, and next steps.
 Morongo: The Tribe is not responsible for elevated PM2.5 levels on the reservation. Sources of PM2.5 affecting the Tribe are under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). How will this reclassification impact public health on the reservation? 
            
            EPA: Reclassifying the area would give the area additional time to attain the standard, would require SCAQMD to submit a new plan, and would establish some additional requirements (e.g., more stringent control requirements (best available control measures, BACM)).
            
            SCAQMD will continue to adopt and implement new control measures to reduce emissions and improve air quality. EPA will continue to monitor their progress and if they fail to make reasonable further progress, they may be required to implement contingency measures.

 Morongo: Can we request to become our own air planning region for the PM2.5 Annual Primary Standard? What will this process look like?  
            
            EPA: Tribes may be designated as their own area separate from state lands if they have air quality data that meets regulatory requirements. 
      Requirements
 Regulatory data
 A request from the Tribe to be split off from the area, along with a 5-factor analysis making the case for being its own area. (The five factor analysis would include the same factors as used for designations, 1) AQ data, 2) Emissions data, 3) Meteorology, 4) Geography/Topography, 5) Jurisdictional Boundaries). 

 Morongo: How will this impact future development projects on the reservation? Will SCAQMD develop more stringent PM2.5 significance thresholds for analyzing local and regional impacts in CEQA and NEPA analysis?  
            
            EPA: We can't speak to whether the District would modify the CEQA significance thresholds but there is no federal requirement to do so.
            
            The general conformity de minimis thresholds will not change. Because the area is already Serious for the 2006 PM2.5 NAAQS, the change in classification from Moderate to Serious for the 2012 PM2.5 NAAQS does not change the de minimis threshold for the South Coast area for PM2.5.
            
            
 Morongo: How will this affect future permitting actions on the Reservation?
      
      EPA: This action will not affect future permitting actions on the Reservation.
      
            Reclassification would not change the "major source" threshold for the nonattainment new source review permitting program or the Title V operating permit program in the South Coast area because the area is already a "Serious" nonattainment area for the 2006 PM2.5 standard, and as such is already subject to the 70 ton per year major source threshold for Serious PM2.5 nonattainment areas.

            The minor NSR threshold also would not change because it is tied to designation status (attainment vs. nonattainment) rather than classification (Moderate vs. Serious) and the area will remain nonattainment.
            
 Morongo: What actions will be taken if SCAQMD does not meet the 2025 deadline? 
            
            EPA: If EPA approves the reclassification to Serious and the Serious area plan, and the SCAQMD fails to meet the December 31, 2025 attainment deadline, the EPA would be required to make a finding of failure to attain. A finding of failure to attain would 
 Trigger contingency measures to reduce emissions, and 
 Require SCAQMD to submit a new attainment plan (including a 5% plan) showing how they will reduce concentrations by at least 5% per year until they reach attainment. 
            
            Due to measures associated with SCAQMD's ozone control strategy, they anticipate that they will be able to attain before 2025.
            
 Morongo: How will this action affect our Treatment in a Similar Manner as a State process and plans to establish our own air quality control regions and to develop tribal implementation plans?

            EPA: This action will have no impact on your TAS process, plans to establish your own air quality control region(s), or plans to develop a TIP.
            
 Morongo: How will this affect our request to transition from information monitoring to regulatory monitoring for PM2.5?
                  
            EPA: This action will have no effect on your request to transition to regulatory monitoring. 

 At the end of the March 12, 2020 call, Ms. Morey thanked EPA for its time and efforts to address their concerns. Ms. Morey said she would take the information back to the Tribal Council and follow up via email regarding any further consultation. 

Summary of Consultation Call with the Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation

 EPA: We consider the call to not be formal consultation per the email from Kelcey Stricker on February 13, 2020 requesting staff-level consultation. Ms. Stricker confirmed that the call would not initiate formal consultation. 
 EPA described the process for evaluating the State's submittal and for taking action, noting that after the proposal publishes in the Federal Register, there will be a 30-day public comment period, after which EPA will consider comments and publish a final action.
 EPA shared PowerPoint slides with Pechanga prior to the call and walked through the slides with the Tribe on the call. The slides included an overview of the PM2.5 designations for the South Coast and Pechanga, the Clean Air Act requirements for PM2.5 Moderate nonattainment areas, California's request to reclassify the South Coast area to Serious, implications for tribes, and next steps.
 Pechanga: The main body of the Reservation is designated separately as its own area?
EPA: Yes, the main body of the reservation is designated attainment/unclassifiable as its own area, consistent with the Tribe's recommendation during the designations process. The EPA notified the Tribe about this action because the Tribe acquired land (i.e., the "Meadowbrook parcel") within the South Coast 2012 PM2.5 nonattainment area boundary after designations. Similar to the 2015 ozone nonattainment boundary for South Coast, the Meadowbrook parcel is included in the South Coast area for the 2012 PM2.5 NAAQS
 Pechanga: The 70 tons per year major source threshold will not change?
      EPA: That is correct. Reclassification would not change the "major source" threshold for the nonattainment new source review permitting program or the Title V operating permit program in the South Coast area because the area is already a "Serious" nonattainment area for the 2006 PM2.5 standard, and as such is already subject to the 70 ton per year major source threshold for Serious PM2.5 nonattainment areas.
      
 At the end of the March 12, 2020 call, Ms. Stricker said that the Tribe's initial questions had been answered. Ms. Stricker said that the Tribe may have some follow up questions and if so, she would email them in the following week or so. EPA didn't hear from the tribe with follow up questions as of April 14, 2020.

