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

OFFICE OFTHE REGIONAL ADMINISTRATOR 

## JUN 3 0 2011 Dr. Ned Norris, Jr. Chairman ofthe Tohono O'odhamNation P.O. Box 837 Sells, Arizona 85634
Dear Chairman Norris:
Thank you for your letter ofMarch 1, 20I0 providing information on the potential economic impact to the Tohono O'odhamNation ofnew airpollution controls at the Navajo Generating Station (NGS) in response to the U.S. Environmental Protection Agency's Advanced Notice ofProposed Rulemaking to implement the Best Available Retrofit Technology requirement ofthe Regional Haze Rule on the Four Corners Power Plant and NGS. By letter dated November 13,2009,the Acting Regional Administrator ofRegion IX invited eachTribe in Arizonato engage in consultation on NGS. From the resulting discussions in 2009 and 20I0, I understand that many Tribes in Arizona are concerned about the potential effects ofourrulemaking onTribal water settlement agreements. The EPA is currently conducting an economic analysis to inform ourdetermination ofthe appropriate control technology as BARTfor NGS. Because ofthe potential impact ofour rulemaking, 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 further government-to-government consultation priorto ourproposed rulemaking for NGS. Consultation between the leaders oftheNation 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 BART requirement for NGS, AdministratorJackson 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 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 ofourconsultation 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. To that end, I am enclosing a spreadsheet that requests information on the Community'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 ofourrulemaking options on all Tribes receiving water from CAP. Ifyou choose to engage in consultation withthe EPA and elect to provide this information, I respectfully request to receive this information early in the consultationprocess. I am committed to

Printed on RecycledPaperconsulting with all affected Tribes that request government-to-government consultationprior to our proposed rulemaking.
I look forward to meeting with you should you choose to engage in consultation on NGS. In the meantime, please do not hesitate to contact me at (415) 947-8702, or have your staffcontactMs. 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,

Enclosure