We apologize for not having the previous memo stamped with a date, this second copy is dated. 
gEN SHEL.LY THE NAVAJO NATION REX LEE J1 "\it 

P 14 201 

Gina McCarthy 

Assistant Administrator 

Of'1ice of Air and Radiation - Mail Code 610 IA 

U.S. Environmental Protection Agency 

Ariel Rios Building 

J 200 Pennsylvania Avenue, N. W. 

Washington, DC 20460 

RE:	 Request for Government-to-Government Consultation in the Matter of the USEPA 

Proposed National Emission Standards for Hazardous Air Pollutants from Coal-and 

Oil-Fired Electric Utility Steam Generating Units, Docket ID No. EPA-HQ-OAR2009-0234 

Dear Assistant Administrator McCarthy: 

As President of the Navajo Nation, I would like to take this opportunity to request 

government-to-government consultation in accordance with Executive Order 13175. 

Consultation amI Coordination with Tribal Governments dated November G, 2000, the I WU 

EPA Policy.f{)r the Administration o/Environmental Programs on Indian Reservatio!1s, and the 

EPA Policy on Consultation one! Coordination with Im/ian Tribes dC1ted May 4, 20 II to discuss 

aspects of the U.S. Environmental Protection Agency ("EPA") proposed rule for "Nationd 

Emissions Standords/;)r Hazardous Air Pollutants/i-om Coal-and Oil-Fired Elee/ric Utility 

Steam Generating Units ("NESHAP Rule") published in the federal Registcr on May 3, 20 III, 

with the comment period extended to August 4, 2011 2

. In an August 4, 201 I letter that 

encompassed the Navajo Nation's ("Nation") comments on the proposed NESI-IAP Rule, noticc 

was also provided to brA that the Nation expected EPA to regularly consult with the Nation 

at'ter the August 4, 2011 comment deadline and throughout the rulemaking process. 

My expectations for the government-to-government consultation arc for EPA to become 

informed about the aspects of the proposed NESHAP Rule that will have direct tribal 

implications (for the Navajo Nation), and for EPA to better understand that the Nation has 

critical economic interests in this and other future rulemakings that nonetheless have a potential 

for direct tribal implications. As was expressed in the Nation's comments on the proposed 

1 76 Fed. Reg. 24976 

2 76 Fed. Reg. 38590 
NESI-IAP Rule, the Nation was astonished to read in the May 3,20 11 I~ederal Register notice 

publishing the proposed NESHAP Rule that with regard to consultation with Indian tribes: 

The EPA has concluded Ihat this action may have tribal implications. llowcvcr, it 

will neither impose substantial direct compliance costs on tribal governments, nor 

preempt tribal law. This proposed rule would impose requirements on owners and 

operators ofEGU..\ 

EPA must recognize the inequities in unilaterally imposing rules Ihat rely 

principally upon dnta g8thered from groups nnd locations thnt are unrepresentntivc of the 

Nation's conditions as relnled 10 henlth and local economy, and failing to menningfully 

consult with the Nation as a tribal government to comprehend the extent of potentin! 

impairment 10 our economy in the face of this and future rulemakings. 

The Nation acknowledges that air pollutants should be reduced and the Nation is 

supportive of mensures that wi II be protecti ve of human heal th and envi ronment. 

However, it is disheartening to me that EPA has circumvented nn essential consultation 

lenet in place lor the purpose of conferring with a tribal government to discuss Ihc 

Nation's intcrests and concerns regarding the proposed NESHAP Rule, and 10 use 

information from mcaningful consultation discussions in framing a rule Ihat achieves a 

balancc bel ween meaningful pollution reduction and a healthy economy for Ihe Nation. 

The N8tion appreciates the efforts of the Region 9 staff in maintnining awareness 

or' the Nation's interests in this matter. However, becnuse many aspects of the NESHAP 

Rule rely upon standnrdized national inputs, rather than hom regionnl or tribal attributes, 

I feel it is necessary to request consultntion dialogue with EPA liendquarters stnft'. 

I look forward to your reply and in working with you in scheduling consultation 

meetings in this mntter of importance to the Nation. Mr. Stephen 8. Etsitty, Executive 

Director, N8vajo N8tion Environmental Protection Agency, telephone number 928-871­

7692, is my primnry contnct person in this matter. 

Sincerely, 

a 0; //

k?l.- ,.)/1~-:t Be~ Shelly, Pl~ider~_ _ 

TI-IE N/\VAJO NATl N 

Cc Deborah Jordan. USEPA Air Division 

J:lrcd I3lulllcntCld, Regional Adlllinistration, USEPA Region 9 

Kimberly Tcehee, Senior Policy Advisor for Nntive American Al'tairs, 

White Iiouse DOlllestic Policy Council 

3 76 Fed. Reg. 25089 
Honorable Larry Echohawk, Assistant Secretary for Indian Affairs, Department of the Interior 

Senator Jon Kyl 

Senator John McCain 

Representative Paul A. Gos<lr 

Senator Daniel Akaka, Chairman, Senate Committee on Indian Affairs 

Senator John Barasso, Ranking Member, Senate Committee on Indian Affairs 

Senator Jeff Bingaman, Chairman, Senate Committee on Energy and Natural Resources 

Senator Lisa Murkowski, Ranking Member, Senate Committee on Energy and Natural Resources 

Committee 

Representative Doc Hasting, Chairman, House Committee on Natural Resources 

Representative Ed Markey, Ranking Member, House Committee on Natural Resources 

Representative Don Young, Chairman, 1··louse COlllmittee on Natural Resources Subcommittee on 

Indian and Alaska Affairs 

Representative Don Boren, Ranking Member, Iiouse Committee on Natural Resources 

SubcOl11mittee on Indian and Alaska Affairs