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

OFACEOFTHE 

## JUN 3 U

## lOll REGIONAL ADMINISTRATOR The Honorable BernadineJones Chairperson ofthe Havasupai Tribe OfThe Havasupai Reservation P. O. Box 10 Supai, Arizona 86435 Dear ChairpersonJones: 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 Retrofit Technology requirement ofthe Regional Haze Rule on the Four CornersPowerPlant and the Navajo Oenerating Station. During the public comment period for the ANPR, the Acting Regional Administrator ofEPA 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 20I0, I understand that many Tribes in Arizonaare concerned about the potential effects ofour rulemaking on Tribal water settlement agreements. The EPAis currently conducting an economic analysis to inform our determination ofthe appropriate control technology as BART for NOS. Because ofthe potential impact ofourrulemaking, in accordance with the Federal trust obligation to Indian Tribes and EPA's May 4, 2011 consultation policy, I invite the Havasupai Tribeto engage in government-to-goverrunent consultation priorto ourproposed rulemaking for NOS. 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 implementthe BART requirement for NOS, Administrator Jackson has determined thatconsultation should occur within the regIOn. Ifyou wish to engage in goverrunent-to-government consultation onNOS, please have your staffcontact Ms. Laura Mayo at (415) 947-3561. Ms. Mayo will work with your office to schedule a meeting for me withyou and your advisors to initiate consultation. The EPA has received requests for consultation from otherTribes in Arizona, and my goal is for initial consultation meetings with Tribes 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 importantrole NOS serves to the Central Arizona Project, and my staffis working to more fully understand the relationship between CAP and the water settlementagreements that are unique to eachTribe in Arizona. Ifthe Havasupai Tribe currently or in the future will receive waterfrom CAP, I am enclosing a spreadsheet that 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 choose to engage in consultation with the EPA and elect to providethis information, I respectfully request to receive this information

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### early in the consultation process. I am committed to consulting with all affected Tribesthat request government-to-government consultation prior to our proposed rulemaking. I look forward meeting with you should you choose to engage in consultation on NOS. 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 AirDivision, at (520) 498-0118, orMr. Nate Lau, Associate Director for the Communities and Ecosystems Division, at (415) 972-3839. Sincerely,

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