UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION 8
 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

FEB 1 7 2012 

Ref: 8P-AR 

Honorable Tex Hall, Chairman 

Three Affiliated Tribes of the 

Mandan, Hidatsa, and Arikara Nation 

404 Frontage Road 

New Town, North Dakota 58763 

Re:	 Notification of Consultation and Coordination on Issuance of Synthetic Minor New 

Source Review Permits for Proposed Crude Oil Production, Storage, and Transfer 

Facilities on the Fort Berthold Indian Reservation 

Dear Chairman Hall, 

The U.S. Environmental Protection Agency Region 8 (EPA Region 8) is initiating consultation 

and coordination with the Three Affiliated Tribes on issuance of proposed permits for crude oil 

production, storage, and transfer facilities within the exterior boundaries of the Fort Berthold 

Indian Reservation (see attached maps). Seven facilities, in accordance with the Federal Tribal 

New Source Review Clean Air Act (CAA) air pollution control permitting program found at 40 

CFR Part 49, are currently requesting permits with federally enforceable synthetic minor air 

pollutant emission limits. These permits will provide facilities the opportunity to avoid the major 

source air pollution control permitting requirements of the Prevention of Significant 

Deterioration and Title V Operating Permit CAA permitting programs found at 

40 CFR Parts 52 and 71, respectively. They are also designed to manage air emissions associated 

with oil and gas production on the Reservation in a similar manner to how they are managed by 

the State of North Dakota on lands elsewhere within the State. 

This consultation and coordination process is being conducted based on the EPA Policy on 

Consultation and Coordination with Indian Tribes (w\\iw.em~.!.!.ov/trihd]jconsultatiQJ1~con:-;'J.II~

policy.htm). The EPA Region 8 invites you and your designated consultation representative(s) to 

participate in this process. The EPA Region 8's anticipated timeline for the consultation and 

coordination period is expected to extend to 30 days after you receive this letter. 

Whether or not you decide to accept this offer for government-to-government consultation, the 

EPA Region 8 plans to regularly coordinate and communicate with the Three Affiliated Tribes' 

Environmental Program Director, Joe Gillies, for facilities located within the exterior boundaries 

of the Fort Berthold Indian Reservation. If you would prefer to designate an alternative 

representative for communication on air pollution control permitting matters, please notify us of 

that person's name and contact information. We will keep the tribal government informed and 

will seek your input on these permits. For your convenience, we have enclosed a description of 
EPA Region 8's standard process for issuing air pollution control permits for facilities located 

within the exterior boundaries of the Fort Berthold Indian Reservation, and that includes typical 

communications with tribal environmental representatives. 

The EPA Region 8 welcomes the opportunity to consult and coordinate with the Three Affiliated 

Tribes while we recognize that the decision to consult or not rests with the Tribes. If you choose 

to consult about these permitting actions, we will work with your tribal government to develop a 

consultation plan including a description of the process we would follow, opportunity for your 

input, and timeline for the Region to provide feedback and to complete the consultation. We will 

send a draft consultation plan for your review as soon as practical after we receive your reply to 

this letter. The Agency's goal will be to ensure that you have an opportunity to provide tribal 

input into these permit actions. 

The Region requests that you reply in writing to this letter within the next 30 days if the Three 

Affiliated Tribes desire to consult on these permit actions. The official EPA Region 8 contact 

person for this consultation and coordination process is Claudia Smith, a permit engineer on my 

staff. 

Thank you very much for your attention to this matter. Please contact me at (303) 312-6241 or 

your staff can contact Claudia Smith at (303) 312-6520 or smith.claudia@epa.gov should you 

have any questions this action. We look forward to hearing from you on this important matter. 

Sincerely, , , 

.' , ) ,!.. ..--J 

.. /) illtt~Gt-0~'-l'-(CJJ" I.VV~""

}'1~ f..,,1l .! if Callie A. Videtich 

v Acting Assistant Regional Administrator 

Office of Partnerships and Regulatory Assistance 

cc: Joe Gillies, Jr., Environmental Director, Three Affiliated Tribes 

Enclosures 

2 *

Printed on Recycled Paper 
Updated 2/14/2012 

Region 8 Communication Guidelines for Federal Minor NSR Permit Writers
 

Three Affiliated Tribes
 

I. Tribal Minor NSR Application 

A.	 All minor source applications (synthetic minor, change to existing facility, new true minor or 

general permit) will be submitted to EPA Region 8 and the Tribes per our application 

instructions (see see http://epa.gov/region8/air/permitting/tmnsr.html). 

B.	 The EPA requests that the Tribes respond to EPA's questions and comments including, but not 

limited to, the following: 

I.	 Environmental Justice- Using EJView, determine if area is an EJ risk area 

http://wVvw.epa.gov/environmentaljustice/mappinu.html 

2.	 National Historic Preservation Act (NHPA) - Is the permitted location found in the 

National Register of Historic Places database? Type in the state and county and make 

sure source isn't on or near. http://www.nps.gov/history/nr/research/index.htm 

3.	 Native American Graves Protection and Repatriation Act (NAGPRA) - Is the permitted 

location found in the Native American Consultation database? Type in Tribe, state and 

county to see if there are any areas registered. http://grants.cr.nps.gov/nacd/index.cfm 

C.	 The EPA will submit documents for consultation after receiving the application to Jennifer 

Harris in the Tribal Assistance Program (TAP) to initiate the consultation process: 

I.	 A letter will be sent by the EPA to the Tribal Chairman offering tribal consultation if 

the Tribes so choose. 

2.	 If the Tribes do not respond within 30 days after the receipt of the letter, the EPA will 

assume that the Tribes do not want consultation on the application. 

3.	 If the Tribes do respond that they would like consultation on the application, the EPA 

will work with the Tribes to develop a consultation plan. 

D.	 In the event an Air Quality Impact Assessment (AQIA) is triggered, a copy of that document 

will be emailed to the Tribes' contacts below within 5 business days ofreceipt by Region 8. 

I.	 joegillies@mhanation.com 

2.	 jcummings@mhanation.com 

3.	 Send and save as a record 

II. Draft Tribal Minor NSR Permit Public Notice 

A.	 EPA will mail a copy of each minor source draft permit packet containing the items below for 

public comment availability. Per the 40 CFR § 49.157, the EPA and the Tribes must make a 

copy of the minor source draft permit packet must be made available at the Regional office as 

well as at least one location in the area affected by the source l 

1.	 All information submitted as part of the application for a permit. 

2.	 Any additional information requested by the reviewing authority. 

I 40 eFR 49. I 57(a)( I) through (6) 
Updated 2/14/2012 

3.	 The reviewing authority's analysis of the application and any additional information 

submitted, including (for preconstruction permits and the initial issuance of general 

permits) the control technology review. 

4.	 For minor source permits and the initial issuance of general permits, the reviewing 

authority's analysis of the effect of the construction of the minor source or modification 

on ambient air quality. 

5.	 For coverage of a particular source under a general permit, the reviewing authority's 

analysis of whether a particular emissions unit or source is within the category of 

emissions units or sources to which the general permit applies, including whether the 

emissions unit or source meets any criteria to be eligible for coverage under the general 

permit. 

6.	 A copy ofthe draft permit or the decision to deny the permit with the justification for 

denial. 

B.	 For synthetic minor and/or major modifications 

1.	 Email public notice. draft pem1it and any accompanying documents to the Tribes: 

i.	 joesi!illics((j'mhanati011.cot]l 

ii.	 jcummini!s/ClJmhanatj(ll1.com 

iii. Send and save as a record 

2.	 Post public notice, draft permit and any accompanying documents on the Region 8 

website (see http://epa.gov/region8/air/permitting/tmnsr.html). 

C.	 For new minor sources 

1.	 Email public notice, draft permit and any accompanying documents to the Tribes: 

i. joesgillies@mhanation.com
 

ii, jcummings((i),mhanation.com.
 

iii. Send and save as a record 

2.	 Post public notice, draft permit and any accompanying documents on the Region 8 

website (see http://epa.'!.ov/rci!ion8/air/pcrmitting/tmnsr.html). 

III. Final Tribal Minor NSR Permit Issuance 

A.	 Email copy of the final permit to the Tribes: 

1.	 joegillies@mhanation.com 

2.	 jcummings{{"V,mhanation.com 

3.	 Send and save as a record 

B.	 Reporting TBD 
Proposed Van Hook Crude Terminal Near New Town, North Dakota 

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