UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

OFFICE OFTliE 

REGIONAL ADMINISTRATOR JUN 3 0 2011 

The Honorable Leroy Shingoitewa 

Chairman of the Hopi Tribal Council 

P.O. Box 123 

Kykotsmovi, Arizona 86039 

Dear Chairman Shingoitewa: 

Thank you for your letter of March 1, 2010 providing information on the potential economic impact to 

the Hopi Tribe of new air pollution controls at the Navajo Generating Station in response to the U.S. 

Environmental Protection Agency's Advanced Notice of Proposed Rulemaking to implement the Best 

Available Retrofit Technology requirement of the Regional Haze Rule on the Four Corners Power Plant 

and NGS. 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, I understand that in addition to the direct potential economic impacts to the Hopi Tribe and 

Navajo Nation, many Tribes in Arizona are concerned about the potential effects of our rulemaking on 

Tribal water settlement agreements. 

EPA is currently conducting an economic analysis to inform our determination of the appropriate control 

technology as BART for NGS. Because of the potential impact of our rulemaking on the Hopi Tribe, in 

accordance with the Federal trust obligation to Indian Tribes and EPA's May 4, 2011 consultation 

policy, I invite the Hopi Tribe to engage in further government-to-government consultation prior to our 

proposed rulemaking for NGS. Consultation between the leaders of the Hopi 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 office is developing the Federal Implementation Plan 

to implement the BART requirement for NGS, Administrator Jackson has determined that consultation 

should occur within the region. 

If you wish to engage in government-to-government consultation on NGS, please have your staff contact 

Ms. Laura Mayo 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 has received requests for consultation from 

other Tribes 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 staff will also invite representatives from the 

Department of Interior to participate in any or all of our consultation meetings. 

I understand the critical role the Kayenta Mine and NOS play in the economy of the Hopi Tribe and I 

look forward to further discussions with you on the potential direct impacts of our rulemaking options to 

your Tribe. I am also aware of the important role NOS 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. If the Hopi Tribe currently or in the future will 

receive water from CAP, I am enclosing a spreadsheet that requests information on the Hopi Tribe's 

water sources, as well as projected volume and cost estimates from 2009 - 2035 for each water source. 

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