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THE NAVAJO NATION BEN SHELLY PRESIDENT 

REX LEE JIM V10E PRESIDENT 

July 15, 2014 

Mr. Peter Tsirigotis 

Director 

Sector Policies and Programs Division 

Office of Air Quality Planning and Standards 

U.S. Environmental Protection Agency 

Research Triangle Park, NC 27711 

RE: Request for Government-to-Government Consultation Regarding the U.S. Environmental 

Protection Agency's Proposed Clean Power Plan for Existing Power Plants and Anticipated 

Supplemental Rulemaking 

To Whom It May Concern: 

As the President of the Navajo Nation (the "Nation"), a federally recognized Indian Tribe, I am 

hereby requesting government-to-government consultation in accordance with Executive Order 13175, 

Consultation and Coordination With Indian Tribal Governments, dated November 6, 2000, and the 1984 

EPA Policy for the Administration of Environmental Programs on Indian Reservations, lto discuss 

aspects of the U.S. Environmental Protection Agency ("EPA")'s proposed carbon pollution emission 

guidelines for existing stationary sources (the "Clean Power Plan for Existing Power Plants" or "proposed 

rule") and an anticipated supplemental EPA rulemaking that are important to the Nation. 

On June 18, 2014, the EPA issued a proposed rule to regulate greenhouse gas emissions from 

existing fossil fuel-fired electric generating units ("EGUs").'` The proposed rule targets meaningful 

progress toward carbon emission reductions by 2020 and reduced carbon emission levels by 2030? The 

proposed rule sets state-specific goals for reducing carbon dioxide emissions and provides guidance for 

state plans to meet those goals, but it does not set goals for sources in Indian Country. EPA has expressed 

its intent to work with tribes prior to establishing emission reduction goals for Indian country. 4EPA has 

also committed to developing a federal plan, or allowing authorized tribes to develop tribal plans, to meet 

' The 1984 EPA Indian Policy has been reaffirmed by successive EPA Administrators. It was reaffirmed most 

recently by Gina McCarthy on January 9, 2014. See http://www.epa.gov/indian/basicinfo/1984-indian-policyreaffirmation%20emo-09JAN 14.pdf. 

'` U.S. EPA, "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating 

Units," 79 Fed. Reg. 34830 (June 18, 2014), http://www.gpo.gov/fdsys/pkg/FR-2014-06-18/pdf/2014-13726.pdf. 

3EPA Fact Sheet, "Overview of the Clean Power Plan." 

479 Fed. Reg. at 34893 ("The EPA does plan to establish CO2 emission goals for both Indian country and territories 

in the future. The EPA plans to conduct additional outreach before setting these goals."); EPA Fact Sheet, "National 

Framework for States," http://www2.epa.gov/sites/production/files/2014-05/documents/20140602fs-settinggoals.pdf. 
those emission reduction goals. Although the proposed Clean Power Plan for Existing Power Plants does 

not directly affect the existing EGUs located on the Navajo Nation — the Navajo Generating Station 

("NGS") and the Four Corners Power Plant ("FCPP") — EPA's anticipated supplemental rulemaking and 

planning actions will irnpact the Nation and these two sources. The Nation is therefore requesting an 

opportunity to consult with EPA on the emission reduction goals and Clean Air Act Section 111(d) plan 

options that are most appropriate for the Navajo Nation. 

The Navajo Nation is particularly interested in discussing the following: (1) The timeframe 

involved for plan submittal for the two sources on the Nation, should the Nation pursue development of 

such a plan; (2) Whether EPA has or will calculate emission reduction goals for any areas of Indian 

Country and when such determination will take place; and (3) How EPA envisions the Nation 

participating in multi jurisdictional planning with states in the implementation of the proposed national 

guidelines. 

As you are aware, the Nation has previously voiced concerns over the implications of recent EPA 

rulemaking and the potential threats to the Nation's economy as a result of federal rulemaking that 

imposes far-reaching and stringent timelines, compliance costs, and other compliance obligations. The 

proposed Carbon Power Plan for Existing Power Plants and EPA's anticipated supplemental rulemaking 

have a potential to adversely affect the Nation. Therefore, we would like to discuss these issues and 

concerns further with you. Additionally, we would like to discuss the implications of any actions that 

could require the NGS and FCPP to install additional emission controls to meet carbon emission 

reductions, despite the early retirement of units at both sources. The Nation stands to lose significant 

economic benefits through additional retirement of units, or departure of the sources, if EPA does not 

specifically tailor its goal-setting and planning to reflect the circumstances on the Navajo Nation. 

The Nation also recognizes that the proposed rule and EPA's supplemental goal-setting and 

planning actions for Indian country may continue to sllape the Nation's goals for renewable energy 

development and for maintaining low carbon emissions. Flexibility in the goals and planning options for 

carbon dioxide emission reductions are also worth discussing during a consultation meeting. 

I look forward to hearing from you soon and working with you to organize a consultation 

meeting. I have designated Mr. Stephen B. Etsitty, Executive Director, Navajo Nation Environmental 

Protection Agency, telephone number 928-871-7692, as my primary contact in this matter. 

Sincerely, 

E NAVAJO NATION 

Xc: Arbin Mitchell, Chief of Staff, OPVP/Navajo Nation 

Harrison Tsosie, Attorney General, Navajo Nation 

Heather Clah, Legal Counsel, OPVP, Navajo Nation 

Stephen B. Etsitty, Executive Director, NNEPA 

Clara Pratt, Executive Director, Navajo Nation Washington Office 

Simon Boyce, Legal Counsel, Navajo Nation Washington Office