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

OFFICEOFTHE REGIONALADMINISTRATOR 

## JUN 3 0 

## 2011 The Honorable Ivan Smith Chairperson ofthe Tonto Apache Tribe OfArizona Tonto Reservation #30 Payson, Arizona 85541 Dear Chairperson Smith: In August 2009, the U.S Environmental Protection Agency put forth an Advanced Notice ofProposed Rulemaking requesting comment on ouranalysis related to the implementation ofthe BestAvailable Retrofit Technology requirement ofthe Regional Haze Rule onthe Four Corners PowerPlant and the Navajo Generating Station. During the public commentperiod for the ANPR, the Acting Regional Administrator ofEPA Region IX sent a letter dated November 13,2009to potentially affected Tribes requesting comment on the ANPRand inviting government-to-government consultation onNGS. From the resulting discussions in 2009 and 2010, Iunderstand that many Tribes in Arizona are concerned about the potential effects ofourrulemaking on Tribal water settlement agreements. The EPA is currently conducting an economic analysis to inform our determination ofthe appropriate control technology as BARTfor NGS. 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 Tonto Apache Tribe to engage in government-to-government consultation prior to ourproposed rulemaking for NGS. 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 implement the BART requirement for NGS, Administrator Jackson has detelmined that consultation should occur within the region. Ifyou wishto engage in government-to-government consultation onNGS, please have your staffcontact Ms. LauraMayo at (415) 947-3561. Ms. Mayo will work with your office to schedule a meeting for me with you and your advisors to initiate consultation. The EPA hasreceived requests for consultation from otherTribes in Arizona, and my goal is for initial consultation meetings with Tribes to occur during my visit to Phoenix in August. At your request, my staffwill also invite representatives from the Department ofInterior to participate inany or all ofour consultation meetings. I am aware ofthe important role NGS 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 Tonto ApacheTribe currently or in the future will receive water from CAP, I am enclosing a spreadsheetthat requests information on the Tribe's water sources, as well as projected volume and cost estimates from 2009

- 2035 for each water source. Participation is entirely voluntary and this information will help us documentand assess the potential additional impacts ofour rulemaking options on all Tribesreceiving 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

Printed on RecycledPaperearly in the consultation process. I am committed to consulting with all affected Tribes that request government-to-governmentconsultation prior to 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, or Mr. Nate Lau, Associate Director for the Communities and Ecosystems Division, at (415) 972-3839.

Enclosure