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 Diane Enos 

President of the Salt River Pima-Maricopa Indian Community 

10005 East Osborn Road 

Scottsdale, Arizona 85256 

Dear President Enos: 

Thank you for your letter of June 9, 2011 to Administrator Lisa P. Jackson requesting government-togovernment consultation to discuss the potential impacts to Indian Tribes of an 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 Best Available Retrofit Technology 

requirement of the Regional Haze Rule for NGS, Administrator Jackson has determined that 

consultation should occur within the Region. My staff will be working with your office to schedule a 

meeting with you and your advisors to initiate consultation, to occur in August 2011 in Phoenix, 

Arizona. 

By letter dated November 13,2009, the Acting Regional Administrator of Region 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 other Tribes about the potential effects 

to Tribes of the EPA's implementation of BART on NGS. For this reason, and in accordance with the 

Federal trust obligation to Indian Tribes and the EPA's May 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 of our upcoming rulemaking on NGS to provide 

another opportunity for government-to-government consultation to Tribes that may also be affected by 

our action. To facilitate efficient consultation with Tribes concerned about our rulemaking, my staff will 

coordinate individual meetings for me with each interested Tribe during my visit to Arizona in August. 

At your request, my staff will also invite representatives from the Department of Interior to participate in 

any or all of our consultation meetings. 

We understand the important role NGS serves to the Central Arizona Project, and my staff is working to 

more fully understand the relationship between CAP and the water settlement agreements that are 

unique to each Tribe in Arizona. To that end, I am enclosing a spreadsheet that requests information on 

your Tribe's water sources, as well as projected volume and cost estimates from 2009 - 2035 for each 

water source. This information will help us document and assess the potential impacts of our rulemaking 

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 our proposed rulemaking. 

Printed on Recycled Paper 
I look forward to our upcoming consultation and discussions as a continuation of the 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, or have your staff contact 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. 

Sincerely, 

Enclosure