Yerington Paiute tribal chairman says Gov. Sandoval should have consulted with tribal government before making agreement to defer superfund listing for polluted mine.
Yerington Paiute tribal chairman says Gov. Sandoval should have consulted with tribal government before making agreement to defer superfund listing for polluted mine.
Yerington Paiute tribal chairman says Gov. Sandoval should have consulted with tribal government before making agreement to defer superfund listing for polluted mine.
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