## ENCLOSURE I

Consultation Plan Background The U.S. Environmental Protection Agency is currently engaged in a rulemaking process to revise the effluent limitations guidelines a nd standards (ELGs) for the steam electric power generating point source category. The steam el ectric power generating ELGs are nationally applicable, technology-based discharge requirement s. These ELGs are used to determine the effluent limits incorporated into NPDES disc harge permits, and in control mechanisms for discharges to publicly owned treatment works (POTWS). The Steam Electric Power Generating ELGs appl y to a subset of the electric power industry, namely those plants “pri marily engaged in the generation of electricity for distribution and sale which results primarily from a process utilizing fossil-type fuel (coal, oil, gas) or nuclear fuel in conjunction w ith a thermal cycle employing the steam-water system as the thermodynamic medium.” (See 40 CFR 423.10) EP A’s most recent update to the effluent guidelines for this industry se ctor was promulgated in 1982. Wastewater discharges from po wer plants have been identif ied as the source for a number of environmental impacts to ground water and su rface water, including contaminated drinking water and other effects. The main pollutants of concern for these discharges include metals (e.g., mercury, arsenic, selenium), nitrogen, and total dissolved solids (TDS). The environmental concerns include impacts to ground water and surface water, contaminated sediments and drinking water, fish mortality & non-lethal eff ects (e.g., altered populations ), bioaccumulation in aquatic organisms, fish advisori es, and risks to human health. EP A’s analysis of the wastewater discharges associated with steam electric power generating led the Agency to announce, in September 2009, the start of a rulemaking process. Although the rulemaking may address aspects of the regulation that apply to all fossil/nuclear units covered by th e existing effluent guidelines, th e focus of the rulemaking is on discharges associated with flue gas desulfurization (FGD) wastes from SO 2 air pollution controls, coal ash pond discharges, leachate from ash ponds and landfills containing coal combustion residues, coal gasification wastewat er, and flue gas mercury control wastes. A description of these wastestreams and the polluti on controls being consid ered are included in Enclosure B: Potential Impacts to Tribes EPA has identified fifteen plants located on or near tribal lands that discharge one or more wastestreams that EPA may address in the effluent guidelin es rulemaking. The wastestreams that have been identified as present at these facilities incl ude FGD wastewater, fly ash and bottom ash transport water, or leac hate from landfills or ponds containing coal

## ENCLOSURE I

combustion residuals. Table 1 lists these fifteen power plants, six of which are located on tribal lands and the other nine pl ants located within ten miles of tribal lands. This consultation process will help EPA iden tify potential impacts that this rulemaking may have on tribes. Enclosure II outlines several topics of interest that will assist EPA in the analyses of impacts at tribal lands. For ex ample, how would improvements in water quality affect tribes (e.g., changes in fish consumption or quality, increased water recreation, etc.). In addition, how may implementation of the new wa ter pollution controls affect employment of tribal members (e.g., result in job losses or create new jobs at plants).

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Table 1: Steam Electric Power Plants within Tr ibal Lands Proximity that may be Affected by Rulemaking

Facilities on Tribal Lands Facility Name Tribal Land Type of Discharge J.E. Corette Crow Reservation Bottom Ash Four Corners Steam Electric Station Navajo Nation Reservation Fly Ash/Bottom Ash Hugo Plant Choctaw OTSA Bottom Ash
Flint Creek Power Plant Cherokee OTSA Bottom Ash/Leachate Muskogee Generating Station Cherokee OTSA Bottom Ash Mayo Electric Generating Plant Sappony SDTSA Bottom Ash/FGD

Facilities within 10 miles of Tribal Lands Facility Name Tribal Land Type of Discharge George Neal North Winnebago Reservation Fly Ash/Bottom Ash/Leachate Boswell Energy Center Leech Lake Reservation Bottom Ash Valley Power Plant Forest County Potawatomi OffReservation Trust Land Bottom Ash Presque Isle Power Plant Sault Sainte Marie OffReservation Trust Land Bottom Ash/Leachate San Juan Generation Plant Station Navajo Nation Off-Reservation Trust Land FGD Lansing Generating Station Ho-Chunk Nation Off-Reservation Trust Land Fly Ash/Bottom Ash Brame Energy Center Clifton Choctaw SDTSA Bottom Ash
Roxboro Steam Plant Sappony SDTSA Bottom Ash/FGD/Leachate C R Huntley Generating Station Cayuga Nation TDSA Bottom Ash/Leachate

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Opportunities for Tribes to Participate In August 2011, EPA conducted outreach conferen ce calls with tribal groups to share information about the potential revisions to the steam electric power generating effluent guidelines. EPA held two conferen ce calls, one with the National Tr ibal Caucus and another with the National Tribal Water Council, on August 9 and August 10, 2011, respectively. The conference call announced by this letter will provi de tribes another opportunity to learn more about the rulemaking process and objectives, and is intended to stimulate a dialogue on specific ways that the rulemaking may affect tribes. The tribal consultation and c oordination process and timelin e are identified in Table 2 below. Tribes may also participate in public review and comment process that will take place when EPA publishes proposed revisions to the effluent guidelines. As well, tribes may access this letter and related consultation information on the following website: http://water.epa.gov/scitech/was tetech/guide/steam_index.cfm

. The combined goal for all these efforts is to en sure that there is sufficient information for tribal officials to make informed decisions about the desire to continue with consultation and to understand how to provide informed input.

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Table 2: Tribal Consultation Coordination Process and Timeline Date Event Contact Information August 9, 2011 (COMPLETED) National Tribal Caucus Outreach Conference Call August 10, 2011 (COMPLETED) National Tribal Water Council Outreach Conference Call

March 28, 2012 1:00 pm EST Tribal Consultation - Steam Electric Effluent Limitations Guidelines Proposed Rulemaking Conference Call Information:

• Phone No: 1-866-299-3188

• Conference Code: 2025661755# EPA Contact: Jezebele Alicea

• E-mail:alicea.jezebele@epa.gov

• Phone No: 202-566-1755 April 17, 2012 Consultation comments due to EPA