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Shetty Coonmgtame YERINGTON PAIUTE TRIBE 171 Campbel Lane Yesingion, NV 39447 Phone: (775) 73-0200 an (775) 463-2416 May 18, 2018 Honorable Brian Sandoval ‘Governor of Nevads Governor's Office State Capital 101 North Carson Street Carson City, NV 89701 Dear Govemor Sandoval ‘The Yeringion Paiute Tribe is currently working with NDEP, BLM and EPA. to address issues atthe Yerington Anaconda Mine Superfund Site (Site). A section of the Site i on the Reservation and the Tre shares an aquifer ‘contaminated by the Site with other Mason Valley residents. Recently, the creuaryofResoré State of Nevada pursued and achieved deferral o state lead and eontrol for sections ofthe Site, allowing BP (parent to ARC) o avoid the lability and regulatory obligation of the Comprehensive Environmental Remediation and Liability Act (CERCLA) as enforced by EPA. This action also separated the site fiom federal financial support for unpaid and emergency response actions. ‘This was an unusual action since BP should have been held 100% liable for the site under CERCLA and most states generally avoid accepting a transfer ‘of ability and financial commitment previously held by a federal agency. With BP considered a financially sound responsible party as regulated by EPA and CERCLA, no taxpayer dollars would have been required to clean up the Site prior to the deferral agreement On February 5, 2018, you signed the deferral agreement with EPA Administrator Scot Pruitt rescinding your earlier concurrence with the CERCLA NPL. listing process. Prior to this, on December 1, 2016, the Tribe sent you letter requesting a meeting to discuss this process. These propuved divvussivn were to inate ntl ant devise Ua lfeted bul, the State of Nevada and the Yerington Paiute Tribe. The State of Nevada has, on multiple ‘eeasions, committed tothe consultation processes with Nevada Tribes for this typeof decision. ns his Consultation, generally defined, i a process by which the decision makers for two partes, such asa state and Tribal government, meet prior to an important decision that affects both parties. decision maker ean be a tribal council or agency head but is always recognized by the signature ‘on the document to be discussed. You signed the decuments directing EPA to list the site then rescinded that decision, in both eases identifying yourself asthe decision maker. ‘This Agency ian Bgl Opportunity Provier and Employer” For the deferral process, EPA specifically directed the state of Nevada to consult with the Tribes, and the state of Nevada committed to following the EPA consultation guidance. Our Tribe met ‘on several occasions with NDEP and even provided educational opportunities through our stalT and consultants. Both council and staff were very clear with NDEP that this standard has not bbeen met; NDEP has only met to inform the tribe of decisions that were already made by ‘yourself and NDEP. Unfortunately, NDEP has made public statements, including a recent pres release to KNPR and