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 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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REGION 8
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1595 Wynkoop Street
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Denver, CO  80202-1129
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Phone 800-227-8917
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www.epa.gov/region8

Ref: 8ARD-PM

The Honorable Mark Fox, Chairman
MHA Nation
404 Frontage Road
New Town, North Dakota  58763-9404
chairmanfox@mhanation.com

      Re: Notification of Consultation and Coordination with Respect to the Issuance of a Revised Air Pollution Control Permit to Arrow Pipeline, LLC for Stations 1-6 on the Fort Berthold Indian Reservation   

Dear Chairman Fox:
      
The U.S. Environmental Protection Agency Region 8 (EPA) is offering the MHA Nation an opportunity to consult on the EPA's issuance of a revised Clean Air Act air pollution control synthetic Minor New Source Review (MNSR) permit for the existing Arrow Pipeline, LLC Stations 1-6 on Indian country lands within the Fort Berthold Indian Reservation in McKenzie and Dunn Counties, North Dakota. The proposed revision would entail increasing the maximum combined compressor engine capacity of each station from 9,000 horsepower (hp) to 12,000 hp and removing the facility-wide greenhouse gas emissions limit and its associated monitoring and reporting requirements. The proposed permit revisions are being requested to provide additional flexibility to accommodate equipment changes between the 6 individual stations comprising the facility without pre-approval from the EPA. 

With the proposed changes, the facility would remain a synthetic minor source for the purposes of the Prevention of Significant Deterioration (PSD) permitting program at 40 CFR part 52. Arrow Pipeline, LLC conducted an air quality impacts analysis to demonstrate that the proposed revisions would not cause or contribute to localized exceedances of any National Ambient Air Quality Standards near the boundaries of any of the individual stations. Additional information on this proposed permit action and a link to the permit docket is available on EPA's website at https://www.epa.gov/caa-permitting/proposed-synthetic-minor-nsr-permit-arrow-pipeline-llc-stations-1-6.   

The EPA welcomes the opportunity to consult and coordinate with you and the MHA Nation Leadership. This consultation and coordination process would be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (www.epa.gov/tribal/consultation/consult-policy.htm). We invite you and your designated consultation representative(s) to participate in this process.  

If you would like to consult about this permitting action, please respond in writing (preferably by email) to this letter within 30 days after you receive it, and we will work to schedule consultation with the MHA Nation at a mutually convenient time. The official EPA contact person for any consultation and coordination process on this permit action is Claudia Smith, a permit engineer on my staff. The EPA's goal is to ensure that the Tribe has an opportunity to provide meaningful input into this permit action.  

In addition to offering government-to-government consultation, the EPA plans to regularly coordinate and communicate with the MHA Nation's Environmental Program Director, Edmund Baker, and Air Coordinator, Charles "Chuck" Fox, for facilities located on Indian country lands within the Fort Berthold Indian Reservation. If you would prefer to designate an alternative representative for communication on air pollution control permitting matters, please notify us of that person's name and contact information. We will continue to keep the tribal government informed and to seek your input on these permits. 

Thank you very much for your attention to this matter. Please contact me at (720) 391-2147 or at sandoval.adrienne@epa.gov, or your staff can contact Claudia Smith at (303) 312-6520 or at smith.claudia@epa.gov, should you have any questions on this action. We look forward to hearing from you on this important matter.

                                    Sincerely,
                                    
                                    
                                    Adrienne Sandoval
                                    Director
                                    Air and Radiation Division


cc:  Lisa H. Lone Fight, Senior Scientific Advisor, MHA Nation - lisalonefight@gmail.com
       Edmund Baker, Director, MHA Nation Environmental Program - edmundbaker@mhanation.com
       Charles "Chuck" Fox, Air Coordinator, MHA Nation Environmental Program, - charlesfox@mhanation.com
John Fredericks, Attorney, MHA Nation - jfredericks@jf3law.com

       

