                             CAIR Replacement Rule
       Consultation and Information Sharing Calls between Tribes and EPA
                     January 21, 2011 and February 4, 2011

Introduction
In December 2010, EPA sent letters to all federally-recognized Tribes in the country offering consultation on the proposed CAIR replacement rule. In addition, the January 7 NODA on allowance allocation methodologies specifically requested comment on allocating allowances to new units in Indian Country. EPA held two consultation and information-sharing calls with 16 interested Tribes on January 21, 2011 and February 4, 2011. Tribes participating on these consultation and information calls provided comments on the proposed rule and the allowance allocation NODA. 
Tribal Participation
The following tribes participated in these two calls as either consultation or information sharing:
   1. Eastern Band of Cherokee Nation 
   2. Fond du Lac Band 
   3. Forest County Potawatomi Community 
   4. Fort Belknap Indian Community 
   5. Grand Portage Band 
   6. Kootenai Tribe 
   7. Lac de Flambeau Band of Lake Superior Chippewa 
   8. Leech Lake Band of Ojibwe 
   9. Mille Lacs Band of Ojibwe 
   10. Moapa Band of Paiutes 
   11. Penobscot Indian Nation 
   12. Red Lake Band of Chippewa 
   13. Sac and Fox Nation of Missouri in Kansas 
   14. St. Regis Mohawk Tribe 
   15. Southern Ute Indian Tribe 
   16. Ute Mountain Ute Tribe 
Discussion Topics
The following topics were discussed over the course of the two calls:

   1. Allowances
         a. Distribution and use of allowances for new units in Indian country
         b. Retirement of allowances
         c. Allocation methodologies
         d. Tribal set-aside for new and existing units
   2. Non-compliance penalties
   3. Potential impact of new ozone standard
   4. Opt-ins
   5. Exemption of cogeneration units
   6. Proposed rule's impact on nonattainment
   7. Contribution from state in which Indian country is located
   8. Modeling impacts on Indian country
   9. Low-sulfur vs. high-sulfur coal
   10. Non-EGU sources
   11. Treatment-as-State
   12. Air quality issues in areas outside proposed rule region


