UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
RESEARCH TRIANGLE PARK, NC 27711

January 22, 2014

Dear Tribal Leader:

On January 3, 2014, the U.S. Environmental Protection Agency (EPA) pr oposed revisions to the New Source Performance Standards (NSPS) under the Clean Air Act (CAA) for New Residential Wood Heaters. The purpose of this letter is to invite you to consult should you believe your tribe could be affected by these proposed standards.

This propo sed federal regulation is necessary to revise the current 1988 standards to reflect significant advancements in wood heater technologies and design over the past 2 6 years. The proposal w ill require manufacturers to redesign wood heaters to be lower emittin g and better performing. This action will also expand the range of residential wood

- heating appliances covered by the current regulation to add new pellet stoves, new single burn

- rate stoves, new outdoor and indoor wood boilers, new wood

- fired forced

air f urnaces and new masonry heaters. In addition, the proposed rule w ill strengthen test methods and streamline the process for testing and certifying new model lines. This proposal will not affect existing wood heaters, but instead will be focused on improvin g new units

. Manufacturers w ill comply with the standards primarily by improving combustion efficiency and heat transfer efficiency. In some cases, catalysts will also be incorporated into the designs. In a number of communities, residential wood smoke

inc reases particle pollution to levels that cause significant health concerns (e.g., asthma, heart attacks, premature death), especially for elders and children.

The EPA has participated in outreach/informational meetings with tribal representatives to provi de opportunities for input prior to development of the proposed rule. We provided information at the July 2010 National Tribal Forum (NTF)/National Tribal Air Association (NTAA) meeting in Albuquerque

, New Mexico and the November 2010 EPA Region 10 Tribal Leaders Summit in Juneau, Alaska. We have also presented information on this proposed rulemaking in the April 2010 issue of Tribal Air News and during the NTAA/EPA air policy conference calls (April 2010, July 2010, August 2010 and May 2013). In addition , we are scheduled to present an update on the proposal at the January 30, 2014, NTAA/EPA air policy call.

On February 18, 2011, the EPA mailed letters to about 600 elected tribal leaders in the U nited States offering an initial opportunity for consultati on on development of this proposal. We received requests from six tribes. These tribes agreed to discuss th e draft proposal with us in a conference call held on March 22, 2011. The tribes were very supportive of the draft proposal and provided some helpful clarifications of definitions ( e.g

. , Native American bake ovens) that we have incorporated in this OFFICE OF
AIR QUALITY PLANNING
AND STANDARDSproposal. Specifically, we received input from the EPA/NTAA tribal workgroup members on culturally

relevant exclusions from the proposed standards. We ag reed with their input, clarified that we do not intend to regulate ceremonial fires, and added a definition to the proposed rule to exclude traditional

Native American bake ovens. The EPA anticipates pro mulgating the revisions and the new regulations

in ea rly 2015.

Because the standards would apply to newly

- manufactured residential wood heater appliances that could be sold for use within Indian country, the Agency believes it is important to offer consultation with federally

- recognized tribes. The EPA ex pects the proposed rule to i mprove environmental protection within Indian country and nationwide. We are prepared to consult with you or your designee should you desire it. If you would like to initiate or decline government

- to

- government consultation with the EPA, please contact Gil Wood at (919) 541

- 5272, email: wood.gil@epa.gov or Toni Colón at (919) 541

- 0069,

email: colon.toni@epa.gov . Because of our tight schedule to promulgate regulations in about one year, we kindly ask that you notify the EPA of your intention regarding consultation by February 28, 2014.

We request your input to a ssure we develop the best final rule possible. We endeavor to conduct our efforts with sensitivity to the needs and culture of your tribe and with attention to the potential impacts of our actions. We look forward to receiving your input.

Sincerely,

Gregory Green

Director

Outreach and Information Division

cc: Tribal Environmental Director

Tribal Environmental Staff