  SEQ CHAPTER \h \r 1 Earlier this year we sent a letter (June 24, 2002)
to you seeking your advice on how the US Environmental Protection Agency
(EPA) could best consult with your Tribe and other federally-recognized
Indian Tribes on the Minor Source New Source Review (Tribal NSR) Rule
for Indian Country rulemaking effort.

As you may recall, the EPA has started the initial steps to develop the
Tribal NSR rule to address significant regulatory gaps in the protection
of air quality in Indian Country.  The Tribal NSR rule will address
smaller air pollution sources (termed “minor sources”).

In receiving your responses to the June 24, 2002 letter, we developed a
Consultation/Outreach plan for the Tribal NSR rulemaking effort for FY
02.  The following is a summary of all responses received.

A total of 75 Tribes responded to the letter.  Of these 75 Tribes, 69
designated an environmental staff member to work with the EPA to develop
the rule.  Aside from the staff designated to help with the rulemaking
process, many of you also indicated that you wished to be kept informed
of rule development.

You indicated your preferences for being kept informed by choosing
options listed in the June 24, 2002 letter and providing us with other
recommendations.  The responses received showed us that 72% of Tribes
preferred email, 59% said discussions at Regional meetings would
suffice, 55% requested we submit updates to newsletters and websites,
another 53% said they would like to have direct phone calls or
conference calls to discuss the subject and only 16% said they would
like direct consultation.

Even among the Tribes requesting direct consultation there was some
degree of latitude.  A few Tribes felt comfortable meeting with their
Regional representative at either the Tribal office or Regional office. 
Only 6 Tribes requested to have senior EPA staff meet with Tribal
Leaders.

The Consultation/Outreach plan the EPA developed for FY 02 reflected
these recommendations.  This plan included conducting four national
meetings across the United States.  Several Tribes offered to host the
meetings and as a result three of the meetings were held at; the
Menominee Tribe in Wisconsin, the Mohegan Tribe in Connecticut and the
Chehalis Tribe in Washington.  The fourth meeting was held in
conjunction with the Institute for Tribal Environmental Professionals’
(ITEP) anniversary meeting in Arizona.  In addition to conducting the
national meetings, when time and travel logistics permitted, the EPA
visited with Tribal environmental staff on Tribal lands.

Over 30 Tribes attended the national meetings.  The meetings and visits
were an invaluable experience for EPA and for the Tribes that
participated.  EPA was able to gain insight into the issues faced by
Tribal environmental programs.  The EPA also learned that many Tribes
are unable to attend meetings that are too specialized or are too
technical and would rather divert their travel dollars to meetings that
are more broad.  In the future, EPA will conduct outreach meetings in
conjunction with other national meetings.

For the FY 03 Consultation/Outreach plan, the EPA hopes to attend and
present information at the United South and Eastern Tribes conference,
the National Council of American Indians meeting and at various ITEP
national conferences.  There are also opportunities to coordinate with
the Regional Offices to present at regional tribal meetings.  Additional
information will be posted on websites and in newsletters along with
being mailed to the appropriate Tribal contact.

The FY 03 Consultation/Outreach plan is a living document.  The strategy
developed now will be continually updated as the rulemaking effort
progresses.  Throughout this effort, the EPA will continue working with
the Tribal NSR Workgroup that was formed earlier this year.  Several
Tribal environmental staff have volunteered to help develop the rule to
reflect Tribal needs and issues.

If you any questions or comments please feel free to contact Joyce
Barkley, Project Lead, at 919-541-1877 or email at:
barkley.joyce@epa.gov.  You can also visit the website created
especially for the Tribal NSR rulemaking effort at
http://tribalnsr.rti.org.

												

Sincerely,

