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

OFFICE OFTHE 

## JUN 3 0 2011 REGIONAL ADMINISTRATOR The Honorable Manuel Savala Chainnan ofthe Kaibab Band OfPaiute Indians OfThe Kaibab Indian Reservation H C 65, Box#2 Pipe Spring, Arizona 86022 Dear Chairman Savala: In August 2009, the U.S Environmental Protection Agency put forth an Advanced Notice ofProposed Rulemaking requesting comment on our analysis related to the implementation ofthe Best Available Retrofit Technology requirement ofthe Regional Haze Rule on the Four Corners PowerPlant and the Navajo Generating Station. Duringthe public comment period for the ANPR, the Acting Regional Administrator ofEPA Region IX sent a letter dated November 13,2009to 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 in Arizona are concerned about the potential effects ofourrulemaking on Tribal water settlement agreements. The EPA is currently conducting an economic analysis to infonn ourdetermination ofthe appropriate control technology as BARTfor NGS. Because ofthe potential impact ofourrulemaking, in accordance with the Federal trust obligation to Indian Tribes and EPA'sMay 4, 201 1consultation policy, I invite the Kaibab Band ofthe Paiute Indians to engage in government-to-government consultation priorto our proposed 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 Planto implement the BART requirement for NGS, AdministratorJackson has determined that consultation should occur within the region. Ifyou wish to 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. TheEPA has received requests for consultation from other Tribes in Arizona, and my goal is for initial consultation meetings withTribes to occurduring my visit to Phoenix in August. At your request, my staffwill also invite representatives from the Department ofInterior to participate in any 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 eachTribe in Arizona. Ifthe Kaibab Band ofthe Paiute Indians 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 infonnation will help us document and assess the potential additional impacts ofourrulemaking options on all Tribes receiving water from CAP. Ifyou choose to engage in consultation withthe EPA and elect to provide this information, I respectfully request to

Printed on RecycledPaperreceive this information early in the consultation process. I am committed to consulting with all affected Tribes that request government-to-government consultation prior to ourproposed rulemaking. I look forward to meeting with you should you choose to engage in consultation onNGS. 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. Sincerely,

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