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

OFFICE OF THE 

## JUN 3 0 21111 REGIONAL ADMINISTRATOR The Honorable Sherry Cordova Chairperson ofthe Cocopah Indian Tribe West County 15 and Avenue G Somerton, Arizona 85350 Dear Chairperson Cordova: In August 2009, the U.S Environmental Protection Agency put forth an Advanced Notice ofProposed Rulemaking requesting commenton ouranalysis related to the implementation ofthe BestAvailable RetrofitTechnology requirementofthe Regional Haze Rule on the Four Corners Power Plantand the Navajo Generating Station. During the public commentperiod for the ANPR, the Acting Regional Administrator ofEPARegion IX senta letter datedNovember 13,2009to potentially affected Tribes requesting commenton the ANPR and inviting government-to-government consultation onNGS. From the resulting discussions in 2009 and 2010, 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 inform our determination ofthe appropriate control technology as BART for NGS. Because ofthe potential impact ofourrulemaking, in accordance with the Federal trust obligation to IndianTribes and EPA's May 4, 2011 consultation policy, I invite the Cocopah Indian Tribe to engage in government-to-governmentconsultationprior to ourproposed rulemaking for NGS. Consultation betweenthe leaders ofthe Tribe and senior management at the EPA is critical for the EPA to fully understand the unique impactthis rulemaking may have on Tribes. Because the EPA Region IX is developingthe Federal Implementation Plan to implementthe BART requirement for NGS, Administrator Jackson has determined that consultation should occur within the regIOn. Ifyou wish to engage in government-to-government consultation onNGS, please have your staffcontact 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 consultationfrom otherTribes 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 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 each Tribe in Arizona. Ifthe Cocopah Indian Tribe 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 information will help us document and assess the potential additional impacts ofour rulemaking options on all Tribes receiving water from CAP. Ifyou chooseto engage in consultation with the EPA and elect to provide this information, I respectfully request to receive this information

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..cycied Paperearly 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, orMr. Nate Lau, Associate Director for the Communities and Ecosystems Division, at (415) 972-3839.

Enclosure