  SEQ CHAPTER \h \r 1 Dear Honorable Tribal Leaders,

The purpose of this letter is to seek your advice on how the US
Environmental Protection Agency (“EPA”) can best consult with your
Tribe and other federally-recognized Indian Tribes (“Tribes”) on the
Minor Source New Source Review (“Tribal NSR rule”) rulemaking
effort.  As a pilot project for tribal consultation, we will be using
the Tribal NSR rule for Indian Country.  This rule may affect businesses
located in Indian Country and may affect Tribal governments and
communities.

The EPA is starting the initial steps to develop the Tribal NSR rule to
address significant regulatory gaps in the protection of air quality in
Indian Country. The Clean Air Act requires a new source review program
for sources of air pollution.  The Tribal NSR rule will address smaller
air pollution sources (usually called “minor sources”) of air
pollution.  Minor sources could be new businesses or existing businesses
that are making changes in equipment or in their operation that would
result in small increases in emissions. Collectively, they may be a
significant source of air quality problems in Indian Country because
they are much more numerous than large sources.  Examples of minor
sources could include gasoline stations, dry cleaners, spray paint
operations, automotive repair shops, etc.  Currently, minor sources in
Indian Country are unregulated, and Tribes have expressed concerns to us
about the cumulative impacts.  Although many States have developed
regulatory programs for minor sources, these do not apply in Indian
country, and there is currently no Federal minor source program. Our
plan is that the Tribal NSR rule will put a Federal minor source program
in place within Indian Country. 

The EPA wishes to work with Tribal governments to develop sustainable
processes for consulting meaningfully with Tribal governments.  In this
effort, we hope to conduct our efforts with sensitivity to the needs and
culture of Tribes and with attention to the impact of our actions on
Tribal sovereignty.  We recognize that one Tribe does not speak for
another, and that there is no one organization that represents all
Tribes.  The EPA’s goal, therefore, is to reach as many Tribes as
possible through a consultation process.

We note that resource constraints upon the Tribes and the EPA make
meaningful consultation with all Tribal governments an enormous
challenge.  The EPA will share information in an early, open and
continuing basis and facilitate Tribal participation as much as
possible.  We will strive to clearly define our objectives, Clean Air
Act requirements and the limitations on our activities.  In recognition
of the practical realities of undertaking this effort, we are asking for
your help in developing these processes.

The EPA is considering several ways to consult with tribes, such as
calling Tribal contacts directly, or meeting at workshops and national
tribal meetings across the United States.  Also, to develop a
communication strategy, the EPA is considering electronic mailings,
publishing articles in Indian Country newsletters, mailing information
to tribal governments and posting materials on EPA’s TribalAir
website.  Please let us know of other particular mechanisms that could
be used between your Tribe and EPA.  Attached below is a check list of
various options.  We would be grateful if you would please fill it out
and either mail, email, or fax the sheet back to us at 919-541-5509 by
July 31, 2002.  

The input received will be invaluable to EPA in developing a
consultation process which will best serve both tribal needs and Clean
Air Act requirements. The process will be developed in accordance with
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, and will facilitate coordination, if needed, for the
requirements of the Small Business Regulatory Enforcement Fairness Act
(SBREFA).  The presence of small businesses on tribal lands requires
that these entities have an opportunity for meaningful input as required
by the Small Business Regulatory Enforcement Fairness Act.

We encourage you or your staff to respond with your ideas and
recommendations on how to develop the consultation process.  We would
also like to know your interest in consulting on the minor source New
Source Review rule.

Sincerely,

Thomas C. Curran

Acting Director

Office of Air Quality Planning

and Standards

Enclosure:

Minor Source New Source Review

Please check off all options your Tribe would prefer for input on the
Rule:

___	Direct call with appropriate Tribal contact.

___	Electronic mailings with appropriate Tribal contact.

___	Participating in Tribal workshops/stakeholder meetings.  

___	Publish articles in Indian Country newsletters, asking for comment.

___	Mail information to Tribal Governments/Environmental staff, asking
for comment.

___	Post materials on EPA’s TribalAir website, asking for comment.

___	Other recommendations.  Explain:
_____________________________________          
_________________________________________________________________       
   _________________________________________________________________    
       _________________________________________________________________

___	Would you prefer a face to face meeting if it could be arranged, and
where?        
__________________________________________________________________

Do you have a specific person we could talk to on a regular basis
regarding the Tribal rule?

Name: __________________    Phone : ________________ Fax :
__________________

Mailing Address:_______________________

                            _______________________

                            _______________________

Your name and phone number if different from above:

Name: __________________   Tribe Name: ___________________ 

Phone: __________________

						

Please return this form to: 	Joyce Barkley, Project Lead

				US Environmental Protection Agency

				OAQPS/Integrated Implementation Group

				Mailcode-C339-03

				Research Triangle Park, NC 27711

				919-541-1877 (telephone)

				919-541-5509 (fax)

				barkley.joyce@epa.gov

