1 May 1 6 , 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 Divisi on (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 co ordinates with tribal environmental professionals primaril y through monthly National Tribal Air Association (NTAA) telec onferences . 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, trainin g, 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

part icipating in NTAA teleconferences. Specificall y, o n December 19 , 2013 , during a NTAA teleconference , w e presented an overview of the propos al 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 ite m 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 deci ding 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 l etters offering consultation. However, prior to mailing the consultation letters, the EPA began consult ing 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 2 7 , 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 , 2013.2

The following t able lists the dates and participants for the consultation and outreach meetings that the EPA held with tribes on the proposed rule
. List of Meeting s 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  C arson Hood, MHA Energy (for Three Affiliated Tribes)  T .J. Mc Rey

nolds, F redericks, Peebles & Morgan, LLP ( attorney representing the Ute Indian Tribe and Three Af f i li ated Tribes)  C arl Dal y, EPA/Region 8 Director of the Air Program  Deirdre Rothery , EPA/Region 8 Air Permitting Monitoring and Modeling Unit Supervisor  C laudia Smith, EPA/Region 8  Eric Wortman, EPA/Region 8  M att L angenfeld, EPA Region 8  B lake Huff, EPA/Region 8  A lfreda Mitre, EPA/Region 8  J erry Goede rt, Petrogulf  S teve VanOotegham, Halcon Resources Corp  Kelley

Huemoeller, QEP Resources Inc  J im Glenn, Halcon Resources Corp  J ennifer Head, WPX Energy Services Co LLC 08/2 7 /13 Consultation with the Ute

Indian Tribe  Gordon Howell, Ute Indian Tribe Chairman  B usiness Committee Members, Ute Indian Tribe  C allie Videtich, EPA/Region 8/OPRA D eputy Assistant Regional Administrator  Carl Dal y, EPA/Region 8 Director of the Air Program  A lfreda Mitre, EPA/Region 8 Tribal Advisor 09/12/13 Consultation with the Ute

Indian Tribe  Gordon Howell, Ute Indian Tribe Chairman3

**Date of Meeting**  **Meeting Description**  **Participants**

 J eremy

Patterson, Fredericks, Peebles & Morgan, LLP (attorney representing the Ute Indian T ribe)  Rollie Wilson, Fredericks, Peebles & Morgan, LLP (attorney

representing the Ute Indian Tribe)  M anuel Myore, Ute Indian Tribe/Energy

and Minerals  B ruce Pargeets, Ute Indian Tribe/Energy

and Minerals  B ruce Ignacio, Ute Indian Tribe/Energy

and Minerals  T ony Small, Ute Indian Tribe Business Committee  P hillip Chimburas, Ute Indian Tribe Business Committee  Michelle Depass, EPA/OITA Assistant Administrat or  B ets y Shaw, EPA/OAR Acting D eputy A ssistant A dministrator  J oAnn Chase, EPA/OI TA/AIEO Office Director  Greg Green, EPA/ OAQPS/ OID D ivision D irector  L aura McKelvey , EPA/ OAR/ OAQPS/ OID/CTPG  C hris Stoneman, EPA/ OAR/ OAQPS/ OID  M ike 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
-

In formational 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)  M anuel Myore, Ute Indian Tribe/Energy

and Minerals  Rose Taveapont, Ute Indian Tribe/Energy

and Minerals4

**Date of Meeting**  **Meeting Description**  **Participants**

 J anet McCabe, EPA/OAR Acting A ssistant A dministrator  T om Powers, EPA/OAR Senior Policy A dvisor  P at Childers, EPA/OAR  C arl Dal y, EPA/Region 8 Director of the Air Program  Greg Green, EPA/OID D ivision D irector  L aura McKelvey , EPA/OAR/OID/CTPG 03/21/14 Consultation with Ute In dian

Tribe  Gordon Howell, Ute Indian Tribe Chairman  M embers of the Ute Indian Tribe Business Committee  Greg Green, EPA/OAQPS/OID D ivision D irector  L aura McKelvey , EPA/OAR/OAQPS/OID/CTPG  J an Cortelyou - Lee, EPA/OAR/OAQPS/PACS  M ike Koerber, EPA/OAR/OAQPS