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

OFFICE OFTHE 

## JUN 3 0 2011 REGIONAL ADMINISTRATOR The Honorable Terry Rambler Chairman ofthe San Carlos Apache Tribe OfThe San Carlos Reservation P. O. Box 0 San Carlos, Arizona 85550 Dear Chairman Rambler: In August 2009, the U.S Environmental Protection Agency put forth an Advanced Notice ofProposed Rulemaking requesting commenton ouranalysis related to the implementation ofthe BestAvailable Retrofit Technology requirement ofthe Regional Haze Rule on the Four Corners PowerPlantand the Navajo Generating Station. During the public commentperiod for the ANPR, the Acting Regional Administrator ofEPARegion IX senta 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 20 10, I understand that many Tribes in Arizona are concerned aboutthe potential effects ofour rulemaking onTribal water settlement agreements. The EPA is cUlTently 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'sMay 4, 2011 consultation policy, I invite the San Carlos Apache Tribe to engage in government-to-governmentconsultation prior to ourproposed rulemaking for NGS. Consultation between the leaders ofthe Tribe and seniormanagement at the EPA is critical for the EPA to fully understand the unique impact this rulemaking may have onTribes. Because the EPA Region IX is developing the Federal Implementation Plan to implementthe BART requirement for NGS, AdministratorJackson has determined that consultation should occur within the region. Ifyou wish to engage in government-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 EPAhas received requests for consultation from other Tribes 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 DepartmentofInterior to participate in any orall ofour consultationmeetings. I am aware ofthe important role NGS serves to the Central Arizona Project, and my staffis working to more fully understand the relationshipbetween CAP and the water settlement agreements that are unique to each Tribe in Arizona. Ifthe San Carlos Apache Tribe cunently or in the future will receive water from 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. Participationis 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 provide this information, I respectfully request to receive this

PrintedonRecycled Paperinformation early in the consultation process. I am committed to consultingwith all affected Tribes that request government-to-government consultation prior to our proposed rulemaking. I look forward to meeting with you should you choose to engage in consultation on NGS. 

### 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,

Enclosure