UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

October 27, 2014

Dear Tribal Leader:

The purpose of this letter is to provide you with updated information on the United States Environmental 

Protection Agency’s proposed Clean Power Plan for Existing Power Plants in Indian country and U.S. 

territories. The EPA is proposing rate-based goals for carbon dioxide (CO2) emissions for areas of 

Indian country and U.S. territories with existing electric utility generating units (EGUs), as well as 

guidelines for use in developing plans to attain the area-specific goals. The rule, as proposed, would 

continue progress already underway to reduce CO2 emissions from existing fossil fuel-fired power 

plants in the United States. Specifically, on June 18, 2014, (79 FR 34830), the EPA proposed statespecific rate-based goals for CO2 emissions and emission guidelines for states, but did not propose CO2

emission performance goals or guidelines for areas of Indian country and U.S. territories containing 

affected EGUs. In addition to relying on, and building upon, the June 18, 2014, proposal for existing 

sources, the supplemental proposal is related to two other recently proposed rulemakings for CO2

emissions: the proposed rulemaking that the EPA published on January 8, 2014, for newly constructed 

affected sources (79 FR 1430); and the proposed rulemaking that the EPA published on June 18, 2014,

(79 FR 34960), for modified and reconstructed sources.

Although affected EGUs located in Indian country operate as part of the interconnected system of 

electricity production and distribution, those affected EGUs would not generally be encompassed within 

any state’s CAA section 111(d) plan because state plans are generally not approved in Indian country. 

The EPA is aware of four affected EGUs located in Indian country: the South Point Energy Center, in 

Fort Mojave Indian country geographically located within Arizona; the Navajo Generating Station, in

Navajo Indian country geographically located within Arizona; the Four Corners Power Plant, in Navajo 

Indian country geographically located within New Mexico; and the Bonanza Power Plant, in Ute Indian 

country geographically located within Utah. The South Point facility is a natural gas combined cycle 

power plant, and the Navajo, Four Corners and Bonanza facilities are coal-fired power plants. The 

operators and co-owners of these four facilities include investor-owned utilities, cooperative utilities, 

public power agencies, and independent power producers, most of which own or co-own affected EGUs 

within states, but outside of Indian country. 

For areas of Indian country that contain affected EGUs, the proposal lays out specific CO2 goals for 

those areas, without prescribing how the area of Indian country should meet its goal. A tribe with 

jurisdiction over the affected EGUs in its area has the opportunity, but not the obligation, to establish a 

plan for its area of Indian country. If a tribe does not seek and obtain the authority to establish a plan, the 

EPA has the responsibility to establish a plan if it determines that a plan is necessary or appropriate. At 

this time, the EPA is not including a proposal for whether it is necessary or appropriate to establish a 

plan for any area of Indian country, and is not proposing a federal plan for any area of Indian country. If 

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the EPA determines that it is necessary or appropriate to promulgate implementation plan provisions, it 

will promulgate such provisions as are necessary or appropriate to achieve CO2 emission performance 

goals through a transparent public process and after providing opportunity for consultation with the 

affected tribal government or governments.

The EPA believes it is important to offer consultation with federally recognized tribes on the many 

aspects of the supplemental proposal, including how we set the goals for areas of Indian country with 

affected EGUs, how tribes can engage in multi-jurisdictional plans with states, U.S. territories and other 

tribes, and how certain areas without affected EGUs could participate in multi-jurisdictional plans. We 

invite you to consult with the EPA, should you believe that your tribe could be affected by the 

supplemental proposal. I previously extended offers of consultation during our extensive stakeholder 

outreach process that began in 2013, as well as after the June 18, 2014, proposal for existing sources. 

Now that we have proposed the Clean Power Plan for Existing Power Plants in Indian country and U.S. 

territories for public comment, I would like to renew our offer for further consultation during this public 

comment period.

The EPA expects the proposed rule to improve environmental protection within Indian country and 

nationwide. However, to ensure that your lands and interests are protected, we are prepared to consult 

with you or your designee should you desire. To initiate government- to- government consultation 

with the EPA, please contact Angela Hackel at (919) 541-5262, e-mail: hackel.angela@epa.gov

or Toni Colón at (919) 541-0069, e-mail: colon.toni@epa.gov. If you desire government- togovernment consultation with the EPA, we kindly request that you notify us by December 05, 2014.

We have enclosed a copy of a fact sheet outlining our action. Also for more information on the rule 

please visit: http://www2.epa.gov/carbon-pollution-standards/clean-power-plan-proposed-rule. We 

request your input to assure we promulgate the best guidelines 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 receiving your input.

Sincerely,

/s/

Peter Tsirigotis

Director

Sector Policies and Programs Division

Enclosure

EPA Fact Sheet - Clean Power Plan Supplemental Proposal

cc: Tribal Environmental Director

 Tribal Environmental Professionals