UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105-3901 

## JUN 3 0 2011 OFACE OFTHE REGIONALADMINISTRATOR The Honorable Keeny Escalanti President ofthe Quechan Indian Tribe P.O. Box 1899 Yuma, Arizona 85366 Dear President Escalanti: In August 2009, the U.S Envirorunental Protection Agency put forth an Advanced Notice ofProposed Rulemaking requesting comment on our analysis related to the implementation ofthe BestAvailable Retrofit Technology requirement ofthe Regional Haze Rule on the Four Corners PowerPlant and the Navajo Oenerating Station. During the public commentperiod for the ANPR, the Acting Regional Administrator ofEPA Region IX sent a letter dated November 13, 2009 to potentially affected Tribes requesting commenton the ANPR and inviting government-to-government consultation onNOS. From the resulting discussions in 2009 and 2010, I understand that many Tribes in Arizona are concerned about the potential effects ofour rulemaking onTribal water settlement agreements. The EPA is currently conductingan economic analysis to inform our determination ofthe appropriate control technology as BART for NOS. Because ofthe potential impact ofourrulemaking, in accordance with the Federal trust obligation to Indian Tribes and EPA's May 4, 2011 consultation policy, I invite the Quechan Indian Tribe to engage in government-to-goverrunentconsultationprior to our proposed rulemaking for NOS. Consultation between the leaders ofthe Tribe and senior management at the EPA is critical for the EPA to fully understand the unique impact this rulemaking may have on Tribes. Because the EPA Region IX is developing the Federal Implementation Plan to implementthe BART requirement for NOS, AdministratorJackson has determined that consultation should occur within the region. Ifyou wishto engage in govemment-to-goverrunent consultation on NOS, please have your staffcontact Ms. Laura Mayo at (415) 947-3561. Ms. Mayo will work with your office to schedule a meeting for me with you and your advisors to initiateconsultation. TheEPA has received requests for consultation from otherTribes in Arizona, and my goal is for initial consultation meetings with Tribes to occurduring my visit to Phoenix in August. At your request, my staffwill also inviterepresentatives from the Department ofInterior to participate in any or all ofourconsultation meetings. Iam aware ofthe important role NOS serves to the Central Arizona Project, and my staffis working to more fully understand the relationship between CAP and the water settlement agreements that are unique to each Tribe in Arizona. Ifthe Quechan Indian Tribe currently or in the future will receive water from CAP, I am enclosing a spreadsheet that requests information onthe Tribe's water sources, as well asprojected volume and cost estimatesfrom 2009

- 2035 for each water source. Participation is entirely voluntary and this information will help us document and assess the potential additional impacts ofour rulemaking options on all Tribes receiving water from CAP. Ifyou choose to engage in consultation with the EPA and elect to provide this information, I respectfully request to receive this information

PrintedonRecycledPaperearly in the consultation process. I am committed to consulting with all affected Tribes that request government-to-government consultation priorto ourproposed rulemaking. I look forward to meeting with you should you choose to engage in consultation onNOS. In the meantime, ifyou have any questions or concerns, please do not hesitate to contact me at (415) 947-8702, orhave your staffcontact Ms. Colleen McKaughan, Associate Director for the Air Division, at (520) 498-0118, orMr. Nate Lau, Associate Directorfor the Communities and Ecosystems Division, at (415) 972-3839.
Sincerely,

Enclosure