DATE: May 2, 2011

SUBJECT: Tribal Consultation for Proposed Rulemaking: “Standards of Performance for 

New Residential Wood Heaters, New Residential Hydronic Heaters and ForcedAir Furnaces, and New Residential Masonry Heaters”

NOTE TO: Docket # 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 residential wood heaters and additional 

draft NSPS for new residential hydronic heaters, forced-air furnaces and new residential masonry 

heaters. OAQPS convened three 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 these calls constituted outreach and information.

March 22, 2011 Conference Call

Four 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 Reservation, Joy Wiecks

• Forest County Potawatomi Community, Natalene 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 29, 2011 Conference Call

Six tribes attended the March 29, 2011 conference call:

• Northern Cheyenne Tribe, Lame Deer, MT;, 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; Lorrisa 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 opportunities 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 tribal chairman did not delegate consultation to her, but that she was attending the call for 

outreach and information purposes.

• San Carlos Apache Tribe, San Carlos, AZ; Loretta Stone 

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 opportunities 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 impact 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 Residential Woodsmoke Program, to answer her questions.