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

OFFICE OF THE 

## JUN 3 0 2011 REGIONAL ADMINISTRATOR The Honorable Charles F. Wood Chairman ofthe Chemehuevi Indian Tribe ofthe Chemehuevi Reservation P. O. Box 1976 Havasu Lake, California 92363 Dear Chairman Wood: 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 BestAvailable RetrofitTechnology requirement ofthe Regional Haze Rule onthe Four Corners PowerPlant and the Navajo Generating Station. During the public commentperiod 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 on NGS. From the resulting discussions in 2009 and 2010, I understand that many Tribes in Arizona are concerned about the potential effects ofour rulemaking on Colorado RiverTribal water settlement agreements. The EPA is currently conducting an economic analysis to inform our determination ofthe appropriate control technology as BARTfor NGS. Becauseofthe potential impact ofour rulemaking, in accordance with the Federal trust obligationto Indian Tribes and EPA's May 4,2011 consultation policy, I invite the Chemehuevi IndianTribeto engage in government-to-governmentconsultation prior to ourproposed 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 Plan to implement the BART requirement for NGS, AdministratorJackson has determined that consultation should occur within the regIOn. Ifyou wish to engage in government-to-governmentconsultation on NGS, 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. TheEPA has received requests for consultation from otherTribes in Arizona, and my goal is for initial consultation meetings with Tribes to occur during my visit to Phoenix in August. At yourrequest, my staffwill also invite representatives from the Department ofInterior to pat1icipate in any or all ofour consultation meetings. I am aware ofthe important role NGS serves to the Central ArizonaProject, 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 Chemehuevi IndianTribe currently or in the future will receive water from CAP, I amenclosinga spreadsheetthat requests information on the Tribe's water sources, as well as projected volume and cost estimates from 2009

- 2035 for each water source. Participationis entirely voluntary and this information 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 with the EPA and elect to provide this information, Irespectfully request to receive this

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### information early in the consultation process. I am committed to consulting with all affected Tribes that request government-to-government consultation priorto ourproposed rulemaking. I look forward to meeting with you should you choose to engage in consultation onNOS. 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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