UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION IX
 

75 Hawthorne Street
 

San Francisco, CA 94105-3901
 

OFFICE OF THE. 

REGIONAL ADMINISTRATOR JUN 3 U lOll 

Dr. Clinton M. Pattea 

President of the Fort McDowell Yavapai Nation 

P.O. Box 17779 

Fountain Hills, Arizona 85269 

Dear President Pattea: 

Thank you for your letter of February 26, 2010 expressing concern over the potential economic impact 

to the Fort McDowell Yavapai Nation of new air pollution controls at the Navajo Oenerating Station in 

response to EPA'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 NOS. During 

the public comment period for the ANPR, the Acting Regional Administrator of EPA Region IX sent a 

letter dated November 13,2009 to potentially affected Tribes requesting comment on the ANPR and 

inviting government-to-government consultation on NOS. From the resulting discussions in 2009 and 

2010, I understand that 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 NOS. Because of the potential impact of our rulemaking on the Nation, in 

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

policy, I invite the Nation to engage in government-to-govemment consultation prior to our proposed 

rulemaking for NOS. Consultation between the leaders of the Nation and senior management at EPA is 

critical for EPA to fully understand the unique impact this rulemaking may have on Tribes. 

Because EPA Region IX is developing the Federal Implementation Plan to implement the BART 

requirement for NOS, Administrator Jackson has determined that I am the most senior EPA official with 

direct oversight and knowledge of this rulemaking. If you wish to engage in consultation with EPA, my 

staff will be work with your office to schedule a meeting for me with you and your advisors to initiate 

consultation. EPA has received other consultation requests from other Tribes, and my goal is for initial 

consultation meetings with these Tribes, as well as other tribes interested in consultation, to occur during 

my visit to Phoenix in August. Because the EPA Region IX office is developing the Federal 

Implementation Plan (FIP) to implement the BART requirement for NOS, Administrator Jackson has 

determined that consultation should occur within the region. 

If you wish to engage in government-to-government consultation on NOS, 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 July. At your request, my staff will also invite representatives from the Department of 

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

Prinred on Recycled Paper 
I understand from your letter that in 2004, the Nation became eligible for an allocation of Federal hydroelectric power, and that to use this allocation, the Nation chose Salt River Project, the operator and coowner ofNOS, to accept this allocation and pass the benefit of this allocation to the Nation. I look 

forward to receiving more information from you to detennine whether our rulemaking will affect the 

Nation's electric power allocation. 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. To that end, I am enclosing a 

spreadsheet that requests infonnation on the Nation's water sources, as well as projected volume and 

cost estimates from 2009 - 2035 for each water source. If the Nation currently or in the future expects to 

receive CAP water, this infonnation will help us document and assess the potential additional impacts of 

our rulemaking options on all Tribes receiving water from CAP. We respectfully request to receive this 

infonnation 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. 

1 look forward to meeting with you should you choose to engage in consultation on NOS. 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. 

Enclosure