D ATE : May 2 , 2011

S UBJECT : Tribal Consultation for Proposed Rulemaking: “ Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced

Air Furnaces, and New Residential Masonry Heaters ”

NOTE TO : D ocket # EPA

- HQ

- OAR

- 2009

- 0734

FROM : David Cole, EPA, Office of Air Quality Planning and Standards (OAQPS)

EPA provided government to government consultation and additional outreach for representatives of tribal officials for the opportunity to give feedback on the draft proposed revisions to standards of performance (NSPS) for new r esidential wood heaters and additional draft NSPS for new residential hydronic heaters, forced

- air furnaces and new residential masonry heaters

. OAQPS convened t hree conference calls on March 22
, 29, and 31, 2011. One tribe, Umatilla Indian Reservation, indicated that these calls constituted government to government consultation for purposes of this rule, and consultation was delegated by their tribal leader. The other tribes indicated that t hese calls constituted outreach and information

. March 22, 2011 Conference Call

F our tribes attended the March 22, 2011 conference call:

• Grand Portage Band of Lake Superior Chippewa
, Yvette Chenaux

• Fond du Lac Band of Lake Superior Chippewa Re servation
, Joy Wiecks

• Forest County Potawatomi Community , N atalene Cummings

• Leech Lake Band of Ojibew
, Brandy Toft

Gil Wood, OAQPS lead rule writer, presented background information and draft regulatory options for the proposed rule under development, which was made available to the tribes prior to the conference call. Throughout the presentation, he provided opportunities for discussion and comment on the draft rule. Tribes asked clarifying questions about various aspects of the rule. As a result of specific comment on the definition of “Traditional Native American bake oven”, OAQPS is revising the definition in the draft proposed rule to clarify that these ovens are designed for use by Native Americans for food preparation, cooking, or warming
, or for instructional, recreational, cultural or ceremonial purposes.March 2 9 , 2011 Conference Call

Six tribes attended the March 29, 2011 conference call:

• Northern Cheyenne Tribe
, Lame Deer, M T ; , Jay Littlewolf , Air Quality Administrator

• Umatilla Indian Reservation
, Pendleton, OR ; Jack Butler , Air Quality Specialist and Dr. Rod Skeen , Chemical Engineer

• Fort Belknap Community Council, Harlem, MT; Kermit “Dale” Snow
, Environmental Liaison

• Navajo Nation, Window Rock, AZ ; L orrisa Hubbard
, Environmental Specialist

• Chehalis Reservation, Oakville, WA; Glen Connelly , Environmental Program Specialist

• Red Lake Band of Chippewa; Jennifer Godwin , Air Quality Specialist , Oakville, WA
Gil Wood presented background information and draft regulatory options for the proposed rule under development. The presentation points were made available to the tribes prior to the conference call. Throughout the presentation, Mr. Wood provided opportu nities for discussion and comment on the draft rule. Tribes asked clarifying questions about various aspects of the rule.

March 31 , 2011 Conference Call

One tribe attended the March 31, 2011 conference call . The representative indicated that the triba l chairman did not delegate consultation to her, but that she was attending the call for outreach and information purposes.

• San Carl os Apache Tribe, San Carlos, AZ; Loretta Ston e Gil Wood presented background information and draft regulatory options for the proposed rule under development. The presentation points were made available to the tribe prior to the conference call. Throughout the presentation, Mr. Wood provided opportun ities for discussion and comment on the draft rule. Ms. Stone asked clarifying questions about various aspects of the rule and indicated she will send comments on the draft definition for Native American Bake Oven

. She also asked for information on the i mpact of wood smoke emissions and benefits for reducing these emissions on tribal lands in Arizona, as well as information on woodstove changeout programs. Mr. Wood offered to arrange a follow

- up phone call with Larry Brockman, Team Leader for EPA’s Resid ential Woodsmoke Program, to answer her questions.