On May 3, 2012, U.S. Environmental Protection Agency entered into a Consent Agreement and Final Order (CAFO) commencing and concluding an action against Shakopee Mdewakanton Sioux Community (SMSC) under Section 113(d) of the Clean Air Act (the ÂActÂ), 42 U.S.C. § 7413(d). SMSC is a federally recognized Indian tribe, located in Prior Lake, Minnesota. Pursuant to EPAÂs Policy on Consultation and Coordination with Indian Tribes created in response to Executive Order 13175, SMSC and EPA engaged in numerous consultations before agreeing to enter into this CAFO. The CAFO settles EPA's allegations that SMSC began actual construction of major modifications to major air emissions sources without the required prevention of significant deterioration preconstruction permit in violation of 40 C.F.R. § 52.21(a)(2)(iii). The CAFO requires SMSC to pay a civil penalty in the amount of $76,260.