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

## JUN 30 2011 OFFICE OF THE REGIONAL ADMINISTRATOR

The Honorable DianeEnos President ofthe Salt River Pima-Maricopa Indian Community 10005 East Osborn Road Scottsdale, Arizona 85256
Dear President Enos: Thankyou for yourletter ofJune 9, 2011 to Administrator Lisa P. Jackson requesting government-togovernment consultation to discuss the potential impacts to Indian Tribes ofan upcoming rulemaking on the Navajo Generating Station. Because the U.S. Environmental Protection Agency, Region IX is developing the Federal Implementation Plan to implement the BestAvailable Retrofit Technology requirement ofthe Regional Haze Rule for NGS, AdministratorJackson has determined that consultation should occurwithin the Region. My staffwill be working with your office to schedule a meeting with you and your advisors to initiate consultation, to occurin August 2011 in Phoenix, Arizona. Byletterdated November 13,2009, the Acting Regional AdministratorofRegion IX invited each Tribe in Arizona to engage in consultation on NGS. From the resulting discussions in 2009 and 2010 and from your recent letter, I understand that you share concerns voiced by otherTribes about the potential effects to Tribes ofthe EPA's implementation ofBART on NGS. Forthis reason, and in accordance with the Federal trust obligation to Indian Tribes and the EPA'sMay 4,2011 consultation policy, consultation between Tribal leaders and senior management at the EPA is critical for the EPA to fully understand the unique impact this rulemaking may have on Tribes.
I will be notifying the other Indian Tribes in Arizona ofourupcoming rulemaking on NGS to provide another opportunity for government-to-governmentconsultation to Tribes that may also be affected by our action. Tofacilitate efficient consultation with Tribes concerned about our rulemaking, my staffwill coordinate individual meetings for me with each interested Tribe during my visitto Arizona in August. At your request, my staffwill also invite representatives from the Department ofInterior to participate in any or all ofour consultation meetings.
Weunderstand the importantrole 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 Tribein Arizona. To that end, I am enclosing a spreadsheetthatrequests information on yourTribe's water sources, as well as projected volume and costestimates from 2009

- 2035 for each water source. This information will help us document and assess the potential impacts ofourrulemaking options on all Indian Tribes receiving water from CAP. We respectfully request to receive this information early in the consultation process and we are committed to consulting with all affected Tribes that request government-to-government consultation prior to ourproposed rulemaking.

Printed on Recycled PaperI lookforward to our upcoming consultation and discussions as a continuation ofthe relationship between the Salt River Pima-Maricopa Indian Community and the EPA. In the meantime, please do not hesitate to contact me at (415) 947-8702, orhave your staffcontact Ms. Colleen McKaughan, Associate Directorfor the AirDivision, at (520) 498-0118, orMr. Nate Lau, Associate Directorfor the Communities and Ecosystems Division, at (415) 972-3839. Sincerely,

Enclosure