UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595Wynkoop 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 ofthe Mandan, Hidatsa, and Arikara Nation 404 Frontage Road New Town, North Dakota 58763

Re: Notification ofConsultation and Coordination on Issuance ofSynthetic MinorNew 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 ofproposed permits for crude oil production, storage, and transfer facilities within the exteriorboundaries ofthe 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 airpollution control permitting requirements ofthe Prevention ofSignificant 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 similarmannerto how they are managed by the State ofNorth Dakotaon lands elsewhere within the State.
This consultation and coordination process is being conducted based on the EPA Policy on Consultation andCoordination 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 ornot you decide to accept this offer for government-to-government consultation, the EPA Region 8plans to regularly coordinate and communicate with the Three Affiliated Tribes' Environmental Program Director, Joe Gillies, for facilities located within the exteriorboundaries ofthe Fort Berthold Indian Reservation. Ifyou would preferto 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 seekyour input onthese permits. For your convenience, we have enclosed a description ofEPA Region 8's standard process for issuing air pollution control permits for facilities located within the exterior boundaries ofthe 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. Ifyou choose to consult aboutthese permitting actions, we will work with your tribal government to develop a consultation plan including a description ofthe process we would follow, opportunity for your input, and timeline for the Region to provide feedback and to completethe consultation. We will send a draft consultation plan for yourreview as soon as practical after we receive your reply to this letter. The Agency's goal will be to ensure that you have an opportunityto provide tribal input into these permit actions.
The Region requests that you reply in writing to this letter within the next 30 days ifthe Three Affiliated Tribes desire to consult onthese 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 staffcancontact 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"

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## .! if Callie A. Videtich
v Acting Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance

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



### 2 

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Printed on Recycled PaperUpdated2/14/2012 Region 8 Communication Guidelines for Federal Minor NSR Permit Writers Three Affiliated Tribes
I. Tribal Minor NSRApplication
A. All minor source applications (synthetic minor, change to existing facility, new true minor or general permit) will be submittedto EPA Region 8 and the Tribes perour 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 ifarea 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 ofHistoric Places database? Type in the state and county and make sure source isn't on ornear. 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 ifthere are any areas registered. http://grants.cr.nps.gov/nacd/index.cfm
C. The EPA will submit documents for consultation afterreceiving 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. Ifthe Tribes do not respond within 30 days after the receipt ofthe letter, the EPA will assume that the Tribes do not want consultation on the application. 3. Ifthe Tribes do respond that they would like consultation onthe 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 ofthat document will be emailed to the Tribes' contacts belowwithin 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 ofeach minor source draft permit packet containing the items below for public comment availability. Perthe 40 CFR §49.157, the EPA and the Tribes must make a copy ofthe 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 ofthe application for a permit. 2. Any additional information requested by the reviewing authority.

I 40 eFR49. I57(a)( I) through (6)Updated2/14/2012
3. The reviewing authority's analysis ofthe application and any additional information submitted, including (for preconstruction permits and the initial issuance ofgeneral permits) the control technology review. 4. For minor source permits and the initial issuance ofgeneral permits, the reviewing authority's analysis ofthe effect ofthe construction ofthe minor source or modification
on ambient air quality. 5. For coverage ofa particular source under a general permit, the reviewing authority's analysis ofwhether 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 orthe decision to deny the permit with thejustification 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 onthe 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 ofthe final permit to the Tribes: 1. joegillies@mhanation.com 2. jcummings{{"V,mhanation.com 3. Send and save as a record
B. Reporting TBDProposed Van Hook Crude Terminal Near New Town, North Dakota 

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