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

OFFICE OF THE REGIO"lAl ADMINISTRATOR 

## JUN 3 0 2011 The Honorable Ernie Jones, Sr. President ofthe Yavapai-Prescott Tribe OfThe Yavapai Reservation 530 East Merritt Prescott, Arizona 86302 DearPresidentJones:
In August 2009, the U.S Environmental Protection Agency put forth an Advanced Notice ofProposed Rulemaking requesting commenton ouranalysis related to the implementation ofthe Best Available Retrofit Technology requirement ofthe Regional Haze Rule on the Four Corners Power Plant and the Navajo Generating Station. During the public commentperiod for the ANPR, the Acting Regional AdministratorofEPA 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 NGS. From the resulting discussions in 2009 and 2010, I understand that many Tribes in Arizona are concerned about the potential effects ofour rulemaking onTribal water settlement agreements. The EPA is currently conducting an economic analysis to inform our determination ofthe appropriate control technology as BARTfor NGS. Because ofthepotential impact ofour rulemaking, in accordance with the Federal trust obligation to Indian Tribes and EPA's May 4, 2011 consultation policy, I invite the Yavapai-Prescott Tribe to engage in government-to-government consultation priorto 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 engageingovernment-to-government consultation on NGS, please have your staffcontact Ms. LauraMayo 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 withTribes 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 NGS 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 each Tribe in Arizona. Ifthe Yavapai-Prescott Tribe currently or inthe future will receive water from CAP, I am enclosing a spreadsheetthat 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 ofourrulemaking optionson all Tribes receiving water from CAP. Ifyou choose to engage in consultation with the EPA and elect to provide this information, I respectfully request to receive this

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### infonnation early in the consultation process. I am committed to consulting with aU affected Tribes that request government-to-govemment consultation priorto ourproposed rulemaking.
Ilook forward to meeting with you should you choose to engage in consultationonNGS. In the meantime, ifyou have any questions orconcerns, please do not hesitate to contact me at (415) 947-8702, orhave your staffcontact Ms. Colleen McKaughan, Associate Directorfor the AirDivision, at (520) 498-0118, or Mr. Nate Lau, Associate Director for the Communities and Ecosystems Division, at (415) 972-3839.
Sincerely,

Enclosure