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May 16, 2014

MEMORANDUM

SUBJECT: Tribal Consultation, Outreach and Coordination on the Proposed Rule: “General 

Permits and Permits by Rule for the Federal Minor NSR Program in Indian 

Country”

FROM: Mary T. Kissell, Environmental Engineer

Outreach and Information Division (C304-01)

TO: Docket ID Number EPA-HQ-OAR-2011-0151

For all actions that might affect tribal interests, it is the U.S. Environmental Protection Agency’s 

(EPA’s) policy to conduct outreach and coordinate with tribes to ensure meaningful tribal input 

and determine when consultation is appropriate. The EPA’s Office of Air Quality Planning and 

Standards coordinates with tribal environmental professionals primarily through monthly

National Tribal Air Association (NTAA) teleconferences. In addition, the EPA maintains the 

American Indian Environmental Office Tribal Portal 

(http://www.epa.gov/tribalportal/aieo/index.htm) and Tribal Air website 

(http://www.epa.gov/air/tribal/) with links to information about consultation, training, laws and 

regulations, and many other topics. 

The EPA coordinated with tribal environmental professionals on the development of the 

“General Permits and Permits by Rule for the Federal Minor New Source Review Program in 

Indian Country” proposed rule, including the proposed amendments to extend the permitting and 

registration deadlines for true minor sources in the oil and natural gas sector located in Indian 

country, by participating in NTAA teleconferences. Specifically, on December 19, 2013, during 

a NTAA teleconference, we presented an overview of the proposal and welcomed feedback and

questions. On March 4, 2014, we met with representatives of the Ute Indian Tribe to hear their 

concerns regarding the proposed rule. (See docket ID item number EPA-HQ-OAR-2011-0151-

0028.)

On December 16, 2013, the EPA mailed letters to over 600 tribal leaders to offer consultation

(see docket ID item number EPA-HQ-OAR-2011-0151-0017). To assist tribes in deciding

whether to accept our offer of consultation, we held a conference call on January 6, 2014, during 

which the EPA provided an overview of the proposed changes and answered questions. We did 

not receive any requests for consultation from tribal governments in response to our letters 

offering consultation. However, prior to mailing the consultation letters, the EPA began 

consulting with two tribes. Senior EPA officials consulted with the elected Ute Indian Tribe 

tribal leader and other members of the Ute Indian Tribe, including business committee members, 

on August 27, 2013, September 12, 2013, and March 21, 2014. Senior EPA officials also 

consulted with the designated representatives of the elected leaders of the Ute Indian Tribe and 

the Three Affiliated Tribes on July 26, 2013.
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The following table lists the dates and participants for the consultation and outreach meetings

that the EPA held with tribes on the proposed rule.

List of Meetings with Tribes on “General Permits and Permits by Rule for the Federal 

Minor NSR Program in Indian Country” Proposed Rule

Date of 

Meeting

Meeting Description Participants

07/26/13 Consultation with the Three 

Affiliated Tribes and the Ute 

Indian Tribe, with Industry

Representatives in Attendance

 Minnie Grant, Ute Indian Tribe

 Carson Hood, MHA Energy (for Three

Affiliated Tribes)

 T.J. Mc Reynolds, Fredericks, Peebles 

& Morgan, LLP (attorney representing

the Ute Indian Tribe and Three 

Affiliated Tribes)

 Carl Daly, EPA/Region 8 Director of 

the Air Program

 Deirdre Rothery, EPA/Region 8 Air 

Permitting Monitoring and Modeling 

Unit Supervisor

 Claudia Smith, EPA/Region 8

 Eric Wortman, EPA/Region 8

 Matt Langenfeld, EPA Region 8

 Blake Huff, EPA/Region 8

 Alfreda Mitre, EPA/Region 8

 Jerry Goedert, Petrogulf

 Steve VanOotegham, Halcon 

Resources Corp

 Kelley Huemoeller, QEP Resources Inc

 Jim Glenn, Halcon Resources Corp

 Jennifer Head, WPX Energy Services 

Co LLC

08/27/13 Consultation with the Ute 

Indian Tribe

 Gordon Howell, Ute Indian Tribe 

Chairman

 Business Committee Members, Ute 

Indian Tribe

 Callie Videtich, EPA/Region 8/OPRA 

Deputy Assistant Regional 

Administrator

 Carl Daly, EPA/Region 8 Director of 

the Air Program

 Alfreda Mitre, EPA/Region 8 Tribal 

Advisor

09/12/13 Consultation with the Ute 

Indian Tribe

 Gordon Howell, Ute Indian Tribe 

Chairman
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Date of 

Meeting

Meeting Description Participants

 Jeremy Patterson, Fredericks, Peebles 

& Morgan, LLP (attorney representing 

the Ute Indian Tribe)

 Rollie Wilson, Fredericks, Peebles & 

Morgan, LLP (attorney representing 

the Ute Indian Tribe)

 Manuel Myore, Ute Indian 

Tribe/Energy and Minerals 

 Bruce Pargeets, Ute Indian 

Tribe/Energy and Minerals 

 Bruce Ignacio, Ute Indian 

Tribe/Energy and Minerals 

 Tony Small, Ute Indian Tribe Business 

Committee

 Phillip Chimburas, Ute Indian Tribe 

Business Committee

 Michelle Depass, EPA/OITA Assistant 

Administrator

 Betsy Shaw, EPA/OAR Acting Deputy 

Assistant Administrator

 JoAnn Chase, EPA/OITA/AIEO Office 

Director

 Greg Green, EPA/OAQPS/OID 

Division Director

 Laura McKelvey, 

EPA/OAR/OAQPS/OID/CTPG

 Chris Stoneman, 

EPA/OAR/OAQPS/OID

 Mike Koerber, EPA/OAR/OAQPS

12/19/13 Outreach Meeting –Overview 

of Proposed Rule (NTAA

Teleconference)

 Chris Stoneman, 

EPA/OAR/OAQPS/OID NSR 

01/06/14 Outreach Meeting -

Informational Teleconference

with Tribal Environmental 

Professionals

 Chris Stoneman, 

EPA/OAR/OAQPS/OID

03/04/14 Outreach Meeting -

Teleconference with Ute

Indian Tribe

 Rollie Wilson, Fredericks, Peebles & 

Morgan, LLP (attorney representing 

the Ute Indian Tribe)

 Manuel Myore, Ute Indian 

Tribe/Energy and Minerals

 Rose Taveapont, Ute Indian 

Tribe/Energy and Minerals
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Date of 

Meeting

Meeting Description Participants

 Janet McCabe, EPA/OAR Acting 

Assistant Administrator

 Tom Powers, EPA/OAR Senior Policy

Advisor

 Pat Childers, EPA/OAR

 Carl Daly, EPA/Region 8 Director of 

the Air Program

 Greg Green, EPA/OID Division 

Director

 Laura McKelvey, 

EPA/OAR/OID/CTPG

03/21/14 Consultation with Ute Indian 

Tribe

 Gordon Howell, Ute Indian Tribe 

Chairman

 Members of the Ute Indian Tribe 

Business Committee

 Greg Green, EPA/OAQPS/OID 

Division Director

 Laura McKelvey, 

EPA/OAR/OAQPS/OID/CTPG

 Jan Cortelyou-Lee, 

EPA/OAR/OAQPS/PACS

 Mike Koerber, EPA/OAR/OAQPS