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

OFFICE OFTHE 

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# 2011 REGIONAL AOMINlsmATOR The Honorable Richard Walema, Sr. Acting Chairman ofthe Hualapai Indian Tribe OfThe Hualapai Indian Reservation P. O. Box 179 Peach Springs, Arizona 86434 Dear Acting Chairman Walema: In August 2009, the U.S Environmental Protection Agency put forth an AdvancedNotice ofProposed Rulemaking requesting comment on ouranalysis related to the implementation ofthe Best Available Retrofit Technology requirement ofthe Regional Haze Rule on the Four Comers Power Plantand the Navajo Generating 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 onNGS. From the resulting discussions in 2009 and 20I0, I understand that many Tribes inArizona are concemed about the potential effects ofour rulemaking onTribal water settlement agreements. The EPA is currently conducting an economic analysis to inform our determination ofthe appropriate control technology as BART for 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 Hualapai Indian Tribe to engage ingoverrunent-to-governrnentconsultation prior to our proposed rulemakingfor NGS. Consultationbetween 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, AdministratorJackson has determined that consultation should occur within the region. Ifyou wish to engage in government-to-govemment consultation onNGS, please have your staffcontact Ms. LauraMayo at (415) 947-3561. Ms. Mayo will work withyour office to schedule a meeting for me with you and your advisors to initiate consultation. The EPA has received requests for consultation from other Tribes in Arizona, and my goal is for initial consultation meetings with Tribes to occurduring my visit to Phoenix in August. At yourrequest, my staffwill also invite representatives from the Department ofInterior to participate in any orall ofour consultation meetings. I am aware ofthe important roleNGS serves to the Central ArizonaProject, and my staffis working to more fully understand the relationship between CAP and the water settlement agreements that are unique to eachTribe in Arizona. Ifthe Hualapai Indian Tribe currently or in the future will receive water from CAP, I am enclosing a spreadsheet that 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 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

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

Enclosure