MEMORANDUM 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

FEB 2 8 2011 

SUBJECT: Summary of Outreach and Consultation with Tribal Governments 

FROM: Laura McKelvey, Group Leader 

Community & Tribal Programs Group 

Outreach & Information Division 

OFFICE OF 

AlA QUALITY PLANNING 

AND STANDARDS 

TO: National Emission Standards for Hazardous Air Pollutants (NESHAP) for 

Coal- and Oil-Fired Electric Utility Steam Generating Units (EGUs) 

Docket # EPA-HQ-OAR-2009-0234 

1.0 INTRODUCTION 

Subject to Executive Order (E.O.) l3 175 (65 FR 67249, November 9, 2000), 

Consultation and Coordination with Indian Tribal Governments, EPA may not issue a regulation 

that has tribal implications, that imposes substantial direct compliance costs, and that is not 

required by statute; unless, the Federal government provides the funds necessary to pay the direct 

compliance costs incurred by tribal governments, or EPA consults with tribal officials early in 

the process of developing the proposed regulation and develops a tribal summary impact 

statement. E.O. 13175 requires EPA to develop an accountable process to ensure "meaningful 

and timely input by tribal officials in the development of regulatory policies that have tribal 

implications." 

The EPA has concluded that this action may have tribal implications. However, it will 

neither impose substantial direct compliance costs on tribal governments, nor preempt tribal law. 

This proposed rule would impose requirements on owners and operators ofEGUs. EPA is aware 

of three coal-fired EGUs located in Indian country. EPA is not aware of any EGUs owned or 

operated by tribal entities. 

2.0 OUTREACH AND CONSULTATION 

The EPA offered consultation with tribal officials early in the process of developing this 

proposed regulation to permit them to have meaningful and timely input into its development. 

Consultation letters were sent to 584 tribal leaders. The letters provided information regarding 

Intemet Address (URL) . http://www.epa.gov 

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EPA's development ofNESHAP for EGUs and also offered consultation. Three consultation 

meetings were requested and held: 

• December 7, 2010, with the Upper Sioux Community of Minnesota; 

• December 13,2010, with Moapa Band of Paiutes, Forest County Potawatomi, 

Standing Rock Sioux Tribal Council, Fond du Lac Band of Chippewa; and 

• January 5, 2011, with the Forest County Potawatomi and a representative from the 

National Tribal Air Association. 

In these meetings, EPA presented the authority under the CAA, used to develop these 

rules, and an overview of the industry and the industrial processes that have the potential for 

regulation. Tribes expressed concerns about the impact of the utilities on the reservations. Their 

particular concerns were on potential mercury deposition and the impact on the water resources 

of the tribe, with specific worries about the impact on subsistence lifestyles for fishing 

communities, the cultural impact of impaired water quality for ceremonial purposes, and the 

economic impact on tourism. In light of these concerns, the tribes expressed interest in an 

expedited implementation of the rule. They also expressed concerns about how the Agency 

would consider variability in setting the standards and use tribal specific fish consumption data 

from the tribes in our assessments. The tribes were not supportive of using work practice 

standards as part of the rule and asked the Agency to consider going beyond the floor to offer 

more protection for the tribal communities. A more specific list of comments can be found in the 

Docket. 

In addition to these consultations, EPA also conducted outreach on this rule through 

presentations at the National Tribal Forum in Milwaukee, Wisconsin, and on National Tribal Air 

Association calls. EPA specifically requested tribal data that could support the appropriate and 

necessary analysis and the regulatory impacts analysis for this rule. We will also hold additional 

meetings with tribal environmental staff to inform them of the content of this proposal as well as 

provide additional consultation with tribal elected officials where it is appropriate. 

Attached are materials provided by the Forest County Potawatomi Community (FCPW) 

that SUppOit their comments. 

Attachments: 

1. FCPC Follow-up Materials to Utilities MACT Consultation with EPA 

2. FCPC Comments on EPA's CAMR Rulemaking 

3. Watras Study - Devils Lake - Mercury Final Report - June 06