4. MEMORANDUM
OF AGREEMENT BETWEEN TIlE NAVAJO NATION THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGIONS
6, 8 AND
9 REGARDING THE IMPLEMENTATION

OF ENVIRONMENTAL STANDARDS AND REGULATIONS ON THE NAVAJO NATIONMEMORANDUM
OF AGREEMENT FOR THE IMPLEMENTATION

OF ENVIRONMENTAL STANDARDS AND REGULATIONS
ON THE NAVAJO NATION I. PARTIES This MEMORANDUM
OF AGREEMENT (hereinafter referrred
to as “Agreement”) between the U. S. Environmental Protection Agency (EPA) Regions
6, 8, and
9 and the Navajo Nation (hereinafter referred to as “Nation”) concerns the protection
of human health and the environment within the Territorial jurisdiction

of the Navajo Nation. II. STATEMENT OF PURPOSE The Navajo Nation lies within the Regional state boundaries (as outlined in the Office of Management and Budget (0MB). Circular A-105 dated April 4, 1974) of EPA Regions

6 [New Mexico),

8 [Utah) and
9 [Arizona). The Regional boundaries, dividing the Nation, have lead to a great deal of confusion for the Nation and the U. S. EPA with regard to the roles and responsibilities

of the three EPA Regional Offices in implementing the Federal en vironmental mandates and has occasionally resulted in inadequate and inconsistent application
of environmental programs on the Navajo Nation. It is the purpose of this Agreement to: delineate

a one—Region lead and responsibility
for implementing the Federal environmen tal programs on the Navajo Nation and for providing assistance (technical and financial)
to the Nation; identify areas of mutual interest and concern; specify those. areas where coordination shall be maintained between the lead Region and the other two Regions; and provide

a more effective and efficient working relationship and partnership with the Navajo Nation. III. FINDINGS The 0MB Circular A—l05 which established the ten standard Federal regions for Federal domestic agencies assigned the Navajo Nation to Region

9 (San Francisco). Although the Circular assigned the Navajo Nation to Region 9, it did not preclude Regions

6 and

8 from working with the Navajo Nation. This Agreement does not con flict with the intent of the 0MB Circular, but rather provides further clarification

of the role of Region

9 and its respon siblilities
to the Navajo Nation, as well as to EPA Regions

6 and 8.

1IV.ROLES AND RESPONSIBILITIES The Navajo Nation andEPA Regions
6,8and
9 agreethatitis moreefficient and effective foroneregiontobe totally respon sible for implementation

ofthe Federal environmental programson the Navajo Nation andfor responding
tothe Nation’s needsin the development
of Navajo environmental regulatory programs.
Itis further agreed that Region

9bethe designated one—region lead andtheEPA regional office responsible forall environmental matters affecting the Navajo Nation (permitting, enforcement, program development, federal financial assistance, etc). The NavajoNation and Region

9 agreetowork together intheim plementation

of Federal environmental lawsand regulations
on lands determined
tobe located withinthe territorial jurisdic tionofthe Navajo Nation located inthestatesof Arizona, Utah and NewMexico (including the satellite areasof Alamo, Canon cito, and Ramah). In addition, the above mentioned parties agree toworkin partnership
inthe development
ofand implementation of Navajo environmental programstothe extent permitted within the following statutesand their accompanying regulations: Clean Water Act;Clean Air Act; Safe Drinking Water Act;Resource Con servation and Recovery Act; Comprehensive Environmental Response, Compensation and Liability Act; Superfund anendauents and Reauthorization Act; Emergency Planning and Community Right-to- Know Act; Federal Insecticide, Fungicide and Rodenticide Act;and the Toxic Substance Control Actand anyother applicable Federal environmental lawsand regulations

asamended. The following roles and responsibilities willbeassumed bythe party/parties

soidentified: EPA REGION

9WILL: 1.Work in cooperation withthe Navajo Nationtoensure compliance with existing federal andthe Nation’s environmental laws forall lands located withinthe territorial jurisdiction

ofthe Navajo Nation located within thestatesof Arizona, NewMexico andUtah. This responsibility includes the issuance of Federal permits, compliance monitoring! inspections, enforcement actions, review of environmental impact statements,water quality standards, etc.; 2. Provide timely advice, training, guidance and technical assistance
tothe Navajo Nationtoassist the Nation in exercising its sovereign rights to regulate environmental matterswithin the territorial jurisdiction

ofthe Navajo Nation; 3. Provide review and approval ofthe Nation’s programs seeking primacy/delegation/authorization

fromEPA. NOTE: Regions

6and
8willbe abletocommentonthe 2EPA Region

9 will: (Cont) approval of such programs during the required regulatory notice and comment period for such actions; and 4. Provide Technical/Financial Assistance for environmental program development, including research and special studies and projects,
to the extent permitted by available resources. Every effort will be made to maintain funding at a level appropriate for current program activity, and increased for those programs which will expand from dealing with one geographic area on the Navajo Nation to include the entire tn—State area of the Nation. (NOTE:
1) During the first year of this Agreement
it is the intent of Region

9 to recommend that each program office provide new EPA ID numbers for regulated entities operating
on the Navajo Nation so that these facilities will be removed from the Region

6 and
8 State and Regional universe and be directly and easily identifiable

as being located within the Navajo Nation’s jurisdiction and Region 9’s regulated universe. This should facilitate the resource allocation process in those instances where the number of regulated entities are a component
to funding formulas and workload models.

2) Eligibility for funding may be dependent upon prior approval of the Nation’s “treatment
as State” application,
if applicable; and 3) Funding levels for Tribal programs (i.e. under SDWA and CWA) may be affected by percentage
of allowable set- aside of funds dedicated by law or regulation for Tribes); 5. Coordinate with RegIons

6 and

8 on water quality standards and permitting
of regulated activities
in New Mexico and Utah portions of the Navajo Nation so that those Regions can coordinate,

as needed, with States and local governments for which they have responsibilIty. (NOTE: This coordination will be in the form of providing notice of actions, i.e. application, draft permit, public notice, fact sheet, final permits, proposed water quality standards, etc. to the Regions; and, notice of the actions to the appropriate State and/or local agencies in New Mexico and Utah.) 6. Notify affected facilities that they are now under the direction of Region 9. Such notice will be provided when Region

9 receives the necessary regulated universe lists from Regions

6 and 8. 7. Initiate program—specific Agreements,

as needed, with the Navajo Nation. (For example, Superfund Memorandum
of Agreement.)

3L

8. Coordinate with other Federal Agencies
as necessary and appropriate (i.e. Department
of Interior, Department
of Energy, Indian Health Service, Housing and Urban Develop ment, etc.) 9. Meet quarterly with the Navajo Nation to evaluate/review the progress in the implementation

of this Agreement. EPA REGIONS

6 AND
8 WILL: 1. Within 60 days of execution
of this Agreement, provide to Region

9 all files and data pertaining
to Federally regulated entities located within the portions of the Navajo Nation located in the states of New Mexico and Utah; NOTE:
1) Exempted by mutual agreement, those files which relate to facilities currently
in the permit process and those currently under an enforcement
or court action. Transfer of such files will be made 60 days after the specific action is completed. 2) Cooperative Agreement/Grant Agreement files are not subject to transfer under this MOA. Each Region will be responsible for program and project closeouts made under their Region’s financial assistance awards. 2. Permit and enforcement actions begun before the effective date of this agreement will be carried through to completion before responsibility

is transfered
to Region 9. Provide to Region

9 and the Navajo Nation

a list of permit and enforcement actions which are not being transferred
to Region

9 at the time of this agreement; 3. Upon execution of this Agreement, abstain from further direct Federal implementation

or program development activities with the Navajo Nation, except where otherwise noted in this Agreement (see item 2. above) or with prior written approval of the Navajo Nation and Region

9 or an executed amendment
to this Agreement; 4. Provide notification and invitation
to the Navajo Nation for training held within the Region which is being provided for States and/or Tribes. (NOTE: There may be times when it would be cost beneficial and time saving for the Tribe to attend training held in Regions

6 and/or

8 rather than in Region 9.); 5. At the request of Region

9 on the behalf of the Navajo Nation, provide technical assistance and training,
to the extent possible;

41!P Regions

6 and

8 will: (Cont) 6. Refer all complaints, concerns and public inquiries, raised to the Region regarding activities actually on the Navajo Nation in the New Mexico or Utah portions to Region 9 and the Navajo Nation. If the facility in question
is off the Navajo Nation, but may be impacting the environ ment on Navajo lands, notice will be provided to Region

9 and the Navajo Nation; 7. Review draft permits and proposed water quality standards for activities
in the New Mexico and Utah portions of the Navajo Nation and coordinate,

as needed, with State and local governments. (Note: This will be most important for NPDES permits utilizing State water quality standards until such time as the Navajo develop Tribal standards.) See item 5. under “EPA Region

9 Will”; and 8. Coordinate with the Navajo Nation on sites located of f— Nation lands in the States of New Mexico and Utah which may have
a direct effect on the Navajo Nation (For example: Region

6 will continue to provide Management Assistance
to the Navajo Nation through

a Support Agency Cooperative Agreement with regard to the Prewitt Refinery NPL site and the United Nuclear Corp. NPL site.) 9. Provide Region

9 and the Navajo Nation with list of State and local agencies which should be notiUed of EPA permit actions in New Mexico and Utah. THE NAVAJO NATION WILL: 1. Upon execution
of this Agreement, direct all requests for direct EPA program implementation
and financial assistance for Tribal environmental program development to EPA Region 9; 2. Raise all environmental concerns of the Navajo Nation, affecting lands within the states of Arizona, New Mexico and/or Utah to EPA Region 9, the lead Region; and 3. Meet quarterly with Region

9 to evaluate/review
the progress in the implementation

of this Memorandum
of Agreement.

V. TERMS OF AGREEMENT A. General Obligations In order to implement the purpose, findings and roles and respon sibilities
of this Agreement set forth in Sections II, III and IV above, the parties agree to the following terms: 5V.Termsof Agreement: (Cont) 1. Coverage: This Agreement coversthe implementation

of Federal programsand technical/financial assistance author ized bythe Clean WaterAct (CWA);theCleanAirAct (CAA); the Resource Conservation and RecoveryAct (RCRA);the Safe Drinking Water Act (SDWA); the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Toxic Substances Control Act (TSCA); Comprehensive Environmental Response, Compensation and Liability Actand Superfund Amendments and Reauthorization
Act (CERCLA/SARA); and Emergency Planning and Community Right-to KnowActand other applicable environ mental lawsand regulations

asamended. 2. Cooperation: Each partyshall cooperate
tothe greatest extent possible with the other parties in fulfilling the purposeofthis Agreement. 3. Timely Notification: Each partyshallactinatimely manner to provide information and documentation for proposed actions (i.e. on—site inspections, enforcement actions, technical assistance, permitting, training, program approvals)
of interest tothe appropriate other parties ofthis Agreement. Whenthe proposed action ofa party may directly affect the programsof another party,the proponentofsuch action shall solicit input from the other affected parties. 4. Funding: During the termofthis Agreement, Region

9shall. make everyeffort toassure timely processing
of funding requests,and adequate program development and implementation funds available
tothe Navajo Nation tothe extent permitted by available resourcesand applicable laws. 5. Compliance: EPA Region

9will have responsibility
for assuring that compliance with Federal environmental laws and regulations

is maintained. 6. Other Agreements: Unless otherwise provided for,all parties agreethatall previously entered Agreements which contradict this Agreement are hereby rescinded. This Memorandum
of Agreement does not preclude the possibility thatthere may needtobe additional, program specific Agreements
tofurther clarify roles and responsibilities

orpolicies and procedures inthe implementation

of the overall intent ofthis Agree ment. NOTE: One program specific Agreement mightbetodefine the NPDES permit review processonaffected downstream states, particularly for facilities affecting statewaters outside of Region 9.

6V.Termsof Agreement: (Cont) 7.Review: EPA Region

9andthe Navajo Nation willmeet quarterly
toreview progressinthe implementation

ofthis Agreement and discuss waystofurther enhance their partner shipinthe development and implementation

of environmental programsonthe Navajo Nation. Some potential areasfor focus during thisreview might include: A.The administration

of financial assistance agreements; B. Timeliness and adequacyof responseto requestfor technical guidance and assistance; C. Identification

ofareasof conflicting authorities and priorities which maylimitordelaythe effective and efficient implementation

of environmental programs,work plansand responseto potential emergency events;and D. Modifications and amendments
tothis Agreement which maybe necessary
to protecthuman health andthe environment
onthe Navajo Nation. B. Revisions/Amendments This Agreement maybeamendedat anytime exceptaslimited by applicable regulations
orlaws. Amendments shallbemade by sup plemental Agreements executed in writing bythe parties hereto, asrequired inorderto carryout anyofthe provisions
ofthis Agreement
orfor anyother purposein furtherance
ofthis Agree ment. C. Written Communication Written communications pursuanttothe provisions
ofthis Agree mentshallbe delivered
ormailedasfollows: 1.TotheNation: Executive Director Division of Natural Resources The Navajo Nation, P.O.Box308 Window Rock,AZ86515 2.TotheEPA: Regional Administrator, EPA Region

6 1445Ross Avenue, 12th Floor, Suite1200 Dallas,TX75202 Regional Administrator, EPA Region

8 99918th Street, Suite500 Denver,Co 80202—2405 and Regional Administrator, EPA Region

9 75 Hawthorne Street San Francisco,
CA 94105—3901 7a
VI. DURATION AND TERMINATION
OF AGREEMENT This Agreement shall continue
in effect until either terminated by joint agreement of the parties, or any party terminates its participation

in this Agreement. Written notice of termination must be given to all parties to the Agreement thirty (30) days in advance of the termination date. Such termination, however shall not relieve any party of responsibilities otherwise prescribed
by law or regulation. VII. EXECUTION This Agreement shall be effective upon date of execution by all parties. hrsonZah,deni

Date Navajo Nation_____________________



# /ogq Daniel W. McGovern

Date Regional Administrator, EPA Region

9 __________________________________________

7 /_f 1 Jat4s,á Scheer

Date Regional Administrator, EPA Region

8___________________

_/ / Robert E. Layton/Jr.

Date Regional Administrator, EPA Region

6 8