UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

August 12, 2015

Dear Tribal Leader:

On August 3, 2015, President Obama and the Administrator of the U.S. Environmental Protection 

Agency, Gina McCarthy, announced the Clean Power Plan – a historic and important step in reducing 

carbon pollution from existing power plants that is an important step to address climate change. Shaped 

by years of unprecedented outreach and public engagement, the final Clean Power Plan is fair, flexible, 

and designed to strengthen the fast-growing trend toward cleaner and lower-polluting American energy. 

Additionally, on August 3, 2015, Administrator Gina McCarthy signed a proposed federal plan and 

model trading rules to implement the emission guidelines for power plants in areas not covered by EPAapproved state plans. 

The proposed federal plan (which also provides model trading rules states or tribes with affected EGUs 

may adopt) provides a readily available path forward for Clean Power Plan implementation, and 

presents flexible, affordable implementation options. Federal plans will be finalized only for those states 

with affected EGUs that EPA determines have not submitted an approvable 111(d) state plan by the 

relevant deadlines set in the emission guidelines. These proposed federal plans will achieve the same 

levels of emissions performance as required of state plans under the Clean Power Plan.

Several affected power plants, containing one or more affected electric generating units (EGU), are 

located in three areas of Indian country, and the EPA is proposing to find that it is necessary or 

appropriate to regulate these units under the federal plan as finalized in each of these areas.1 CO2

emission performance rates and equivalent mass goals for these facilities were finalized in the Clean 

Power Plan. 

We recognize that the governments of the tribes having jurisdiction over the three affected areas of 

Indian country may seek EPA approval of “treatment in the same manner as a state” (TAS) status under 

the Clean Air Act for the purpose of developing a tribal plan, and this proposed finding does not 

preclude the tribes from seeking such status. For more information on these specific areas and the EGU 

located within those areas, see section VI.D of the preamble to the proposed federal plan rulemaking. 

Please see http://www2.epa.gov/cleanpowerplan/clean-power-plan-existing-power-plants for 

information on this action and on the Clean Power Plan.

 

1 These areas include reservation lands of the Navajo Nation, the Ute Tribe of the Uintah and Ouray Reservation, and the Fort 

Mojave Indian Tribe.

OFFICE OF

AIR QUALITY PLANNING

AND STANDARDS
The EPA specifically proposed in its federal plan:

 Two different plan types for a federal plan to implement the Clean Power Plan emission 

guidelines: a rate-based emission trading plan (where units must meet a certain rate of emissions 

of CO2 per unit of energy output but may trade emission rate credits (ERC) to meet the specified 

rate) and a mass-based emission trading plan (where units are limited to a total mass budget of 

emissions but may trade allowances to emit within that budget). 

Both proposed plan types would require affected EGUs to meet emission standards set using the CO2

emission performance rates in the Clean Power Plan. Depending on which approach is finalized and for 

which states and areas of Indian country, your tribe may be interested in opportunities to apply for 

emission rate credits (ERCs) or emission allowances for certain qualifying clean energy projects that are 

located or implemented in your areas. These opportunities will likely be available even if you there are 

no affected EGU in your area of Indian country. The agency looks forward to discussing these 

opportunities in more detail with you.

The EPA intends to finalize the model trading rules in the summer of 2016 and will finalize the federal 

plan as necessary for states and areas of Indian country as explained above. The purpose of this letter is 

to invite you to consult with EPA prior to EPA taking these final actions, should you believe that your 

tribe could be affected by these actions. Additionally, if your tribe has questions about the final Clean 

Power Plan itself we invite you to request an informal discussion. If you would like to initiate 

government-to-government consultation with the EPA, please contact Toni Colón at (919) 541-0069, 

email: colon.toni@epa.gov. Please contact us by September 25, 2015 in order to request the 

consultation. Additionally, throughout the comment period for the proposed federal plan the EPA will be 

conducting outreach webinars, face-to-face meetings and conversations with all stakeholders, including 

tribes. The EPA is also conducting this type of outreach throughout the implementation phase of the 

Clean Power Plan.

We request your input to assure that we develop the best rules possible. We endeavor to conduct 

our efforts with sensitivity to the needs and culture of your tribe and with attention to the 

potential impact of our actions. We look forward to hearing from you.

Sincerely,

Peter Tsirigotis

Director

Sector Policies and Programs Division

cc: Tribal Environmental Director 

 Tribal Environmental Staff