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

OFFICE OFTliE 

## JUN 3 0 2011 REGIONALADMINISTRATOR The Honorable Lee Choe Acting Chairman ofthe San Juan Southern Paiute Tribe OfArizona P. O. Box 882 Tonalea, Arizona 86044 Dear Acting Chairman Choe: In August 2009, the U.S Environmental Protection Agency putforth anAdvanced Notice ofProposed Rulemakingrequesting commenton our analysis related to the implementation ofthe Best Available Retrofit Technology requirement ofthe Regional Haze Rule on the Four Comers PowerPlant and the Navajo Oenerating 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 NOS. From the resulting discussions in 2009 and 20I0, I understand that many Tribes in Arizonaare concerned about the potential effects ofourrulemaking 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 consultationpolicy, I invite the San Juan Southern PaiuteTribe to engage in government-to-government consultation priorto our proposed rulemaking for NOS. Consultation between the leaders ofthe Tribe and senior managementat 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 BARTrequirement for NOS, AdministratorJackson has determined thatconsultation should occur within the region. Ifyou wish to engage in government-to-government consultation on NOS, 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 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 your request, my staffwill also invite representatives from the Department ofInterior to participate in any or all ofourconsultation meetings. I am aware ofthe important role NOS 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. lfthe San Juan Southern Paiute Tribe currently or in the future 

### will receive water from CAP, I am enclosing a spreadsheet that requests information onthe 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

Printedon RecycledPaperreceive this information early in the consultation process. I am committed to consultingwith all affected Tribes that request government-to-governmentconsultation prior to our proposed 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, or have your staffcontact Ms. Colleen McKaughan, AssociateDirector for the AirDivision, at (520) 498-0118, or Mr. Nate Lau, Associate Director for the Communitiesand Ecosystems Division, at (415) 972-3839. Sincerely,

Enclosure