Last Updated January 9, 2013



### 1 **Timeline of Written or Telephone**  **Correspondence and Consultation**  **Meetings between EPA and**  **Tribes on Navajo Generating Station**  **Written or Telephone Correspondence** 
**Date Originator**  **Recip i** **ent Subject**  August 19, 2009 Laura Yoshii, Acting Regional

Administrator President Joe Shirley Jr., Navajo Nation Telephone call to notify President Shirley that she will be signing Advanced Notice of Proposed Rulemaking (ANPR) on Four Corners Power Plant and Navajo Generating Station August 19, 2009 Colleen McKaughan, Associate

Director, Air Divison Environmental Directors or Tribal Leaders of Hopi Tribe, Navajo Nation and NTEC Electronic Mail

– Notification of Signature of ANPR

**August 28, 2009 Federal Register Publication of Advanced Notice of Proposed Rulemaking**  September 16, 2009 President Joe Shirley Jr. Laura Yoshii Request for 30

-day extension of comment period October 12, 2009 Mary Felter, Tribal Council

Secretary and Action Chief Executive Officer Laura Yoshii Request for consultation and extension of comment period

October 13, 2009 Shan Lewis, President of the

InterTribal Council of Arizona Laura Yoshii Request for consultation and extension of comment period October 19, 2009 Laura Yoshii Secretary Mary Felter Invitation to consult and notification of comment period extension October 26, 2009 Laura Yoshii President Joe Shirley Jr. Extending comment period on ANPR. Invitation to consult during this extended time and requested information on preferred consultation method. November 13, 2009 Laura Yoshii Individual letters to 20 Arizona Tribal Leaders Extending comment period on ANPR. Invitation to consult during this extended time and requested information on preferred consultation method. December 18, 2009 Colleen McKaughan Steven Etsitty, Executive Director of the Navajo Nation EPA Extending comment period for Tribes to March 1, 2010 to allow for time for government to government consultation February 23, 2010 Governor William Rhodes, Gila

River Indian Community Jared Blumenfeld, Regional Administrator, EPA Region IX Comment Letter on ANPR focused on Navajo Generating Station February 26, 2010 President Clinton Pattea, Fort Jared Blumenfeld Request for consultation and comment letter on ANPR focused onLast Updated January 9, 2013



### 2 McDowell Yavapai Nation Navajo Generating Station March 1, 2010 President Jo e S hirley Jr. Anita Lee, EPA Region IX Air Division staff Comment Letter on ANPR

– concern about potential closure of facilities , SCR is not BART for NGS and FCPP at this time March 1, 2010 Chairman Leroy Shingoitewa,

Hopi Tribal Council Jared Blumenfeld Comment Letter on ANPR plus economic analysis conducted by ICF International , focused on Navajo Generating Station March 1, 201 0 Chairman Ned Norris Jr.,

Tohono O’odham Nation Jared Blumenfeld Comment Letter on ANPR focused on Navajo Generating Station March 1, 201 0 Robert Palmquist, General

Counsel to Ak

- Chin Indian Community Jared Blumenfeld Comment Letter on ANPR focused on Navajo Generating Station

October 6, 2010 Jared Blumenfeld President Joe Shirley, Jr. Telephone call to notify President Shirley that he has signed Proposed BART determination for Four Corners Power Pla nt April 8, 2011 Representative of Gila River

Indian Community Colleen McKaughan and Region IX staff Conference call to discuss relationship between Gila River water settelement agreement and Central Arizona Project, Navajo Generating Station May 20, 2011 Governor William Rhodes, Gila

River Indian Community Lisa Jackson, EPA Administrator Request for consultation on Navajo Generating Station (NGS) and BART Ju ne 9, 2011 President Diane Enos, Salt

River Pima

-Maricopa Indian Community Lisa Jackson Request for consultation on Navajo Generating Station (NGS) and BART

Ju ne 30, 2011 Jared Blumenfeld Individual letters to 21 Tribes, 1 Tribal NGO and National Congress of American Indians Invitation to consult on NGS and provide information to EPA on water issues

July 14, 2011 Governor William Rhode s, Gila

River Indian Community Lisa Jackson Request for consultation on Navajo Generating Station (NGS) and proposed Mercury Air Toxics Standard (MATS) July 29, 2011 President Ben Shelly Lisa Jackson Request for consultation on Navajo Generating Station (NGS) August 4, 2011 Jared Blumenfeld John Lewis, Executive Director of the InterTribal Council of Arizona Postponement of NGS BART consultation meetings in Phoenix and notification of Letter from David Hayes, Deputy Secretary of the Interior to Jared Blumenfeld, and EPA response to letter August 25, 2011 Gina McCarthy, Assistant

Administrator for the EPA President Ben Shelly Response to July 29 letter, Consultation offered for September 16, 2011 in Phoenix for NGS BARTLast Updated January 9, 2013



### 3 Office of Air and Radiation September 6, 2011 Jared Blumenfeld Individual letters to 19 Tribes Rescheduled NGS BART Consultation meetings in Phoenix September 6, 2011 Jared Blumenfeld President Ben Shelly Follow up letter on May 19, 2011 consultation meeting on Four Corners Power Plant September 14, 2011 President Ben Shelly Gina McCarthy Request for consultation on NGS and proposed MATS September 21, 2011 Chairman David Kwail,

Yavapai Apache Nation Laura Yoshii Comment Letter on ANPR October 6, 2011 Janet McCabe, Deputy

Assistant Administrator for EPA Office Air and Radiation; Technical Staff from EPA Office of Air Quality Planning and Standards and Clean Air Markets Division Representatives from several Arizona Tribes Webinar and conference call to discuss technical issues associated with MATS modeling

October 14, 2011 Chairman Louis Manuel Jr.,

Ak

- Chin Indian Community Janet McCabe NGS, Proposed Air Quality Regulations, and Federal Trust Responsibility August 2, 2012 Jared Blumenfeld Governor Gregory Mendoza Invitation to consult on Navajo Generating Station August 2, 2012 Jared Blumenfeld President Ben Shelly Invitation to consult on Navajo Generating Station August 17, 2012 Jared Blumenfeld Tribal Leaders of 22 Tribes Invitation to consult on Navajo Generating Station August 21, 2012 Percy Deal, Hardrock Chapter

President, Navajo Nation Jared Blumenfeld Request for public hearings on NGS on Navajo Nation, in particular Kayenta Chapter, Forest Lake Chapter, or Hardrock Chapter September 21, 2012 President Ben Shelly Jared Blumenfeld Follow up to August 7, 2012 Consultation on Proposed BART Rule for Navajo Generating StationLast Updated January 9, 2013



### 4 **Consultation Meetings**
**Date Participants**  **Subject** Ju ne 10, 2009 Meeting between Laura Yoshii and Joe Shirley Jr. Discuss moving forward on an Advanced Notice of Proposed Rulemaking on BART for Four Corners and NGS October 8, 2009 Meeting with C. McKaughan and other Region 9 Staff with S.

Etsitty and staff from Navajo Nation EPA Discuss ANPR October 22, 2009 EPA Air Division, Navajo Nation EPA Attorney General,

Division of Natural Resources, and Dine Power Authority, in Window Rock, AZ Further consultation would be best facilitated through Navajo Nation EPA December 15, 2009 Colleen McKaughan, Associate Director of the EPA Region IX

Air Division and Water Policy Committee of the InterTribal Council of Arizona, in Phoenix, AZ Provided summary briefing of ANPR
December 15, 2009 Colleen McKaughan and Representatives from Hopi Tribe Provided summary briefing of ANPR January 8, 2010 Lisa Jackson, EPA Administrator, Jared Blumenfeld, Regional

Administrator, Tribal Leaders and NGOs in Phoenix, AZ Discuss ANPR and request for comments from Tribes January 28, 2010 Colleen McKaughan and Representatives from Ak

- Chin Indian

Community Discuss Navajo Generating Station and ANPR February 1, 2010 Colleen McKaughan and Representatives from Gil a River Indian

Community Discuss ANPR April 6, 2010 Colleen McKaughan and Representatives from Ak

- Chin Discuss Navajo Generating Station Ju ne 24, 2010 Colleen McKaughan and Representatives from Tohono O’odham Discuss Navajo Generating Station October 1, 2010 Colleen McKaughan and Representatives of InterTribal Council

of Arizona Update on status of EPA BART analysis November 29, 2010 Colleen McKaughan and Representatives of Tohono O’odham Discuss Navajo Generating Station December 1, 2010 Colleen McKaughan and Representatives of InterTribal Council

of Arizona Update on status of EPA BART analysis March 4, 2011 Colleen McKaughan and Representatives of Fort McDowell

Indian Community Discuss Navajo Generating Station September 16, 2011 Janet McCabe, Jared Blumenfeld, and other EPA staff from

Region IX and Office of Air Quality Planning and Standards and Arizona Tribes (OAQPS), InterTribal Council of Arizona, Phoenix, AZ Formal Consultation on MATS , BART, and Navajo Generating Station
October 12, 2011 Janet McCabe, Deputy Assistant Administrator for EPA Office

Air and Radiation, Region IX Staff (by phone) and President Ben Shelly and staff, in Washington D.C Formal Consultation on MATS and Navajo Generating Station
October 14, 2011 Janet McCabe and other EPA staff from Region IX and OAQPS Continued Formal Consultation on MATS and Navajo GeneratingLast Updated January 9, 2013



### 5 and Gila River Indian Community Governor Rhodes and Tribal Council Station October 14, 2011 Janet McCabe and other EPA staff from Region IX and OAQPS

and Hopi Chairman Shingoitewa and Tribal Council Formal Consultation on MATS and Navajo Generating Station October 14, 2011 Janet McCabe and other EPA staff from Region IX and OAQPS

and Ak

- Chin Chairman Manuel and Tribal Council Formal Consultation on MATS and Navajo Generating Station October 25, 2011 Jared Blumenfeld and Gila River Indian Community Governor

Rhodes and Tribal Council Continued Formal Consultation on BART and Navajo Generating Station November 4, 2011 Janet McCabe and other EPA staff from Region IX and Gila

River Indian Community Governor Rhodes Continued Formal Consultation on MATS and Navajo Generating Station January 29, 2012 Gina McCarthy meet with Hopi Tribe (part of visit to NGS) Formal c onsultation regarding finalization of MATS rule January 30, 2012 Gina McCarthy roundtable meeting (part of EUEC conference in

Phoenix, AZ), including ITCA and NTAA Discussion/information session regarding finalization of MATS rule February 7, 2012 Janet McCabe meeting with Gila River (including Governor Greg

Mendoza) Formal consultation regarding finalization of MATS rule February 8, 2012 Janet McCabe, Deborah Jordan, Colleen McKaughan, InterTribal

Council of Arizona, Phoenix, AZ Information session regarding MATS and BART at Navajo Generating Station May 3, 2012 Janet McCabe, Deborah Jordan, and other EPA staff, with

Environmental Defense Fund, National Parks Conservation Association, Dine CARE, T o Nizhoni Ani, individuals from Navajo Nation and Hopi Tribe Consultation regarding Navajo Generating Station in Washington, DC

Ju ne 13, 2012 Jared Blumenfeld and EPA staff with President Shelly and other

Navajo Nation staff Consultation on Four Corners Power Plant in San Francisco, CA August 7, 2012 Jared Blumenfeld and EPA staff with Governor Mendoza and

other staff of the Gila River Indian Community Consultation on Navajo Generating Station in Sacaton, AZ August 7, 2012 Jared Blumenfeld and EPA staf f with President Shelly and other Navajo Nation staff Consultation on Navajo Generating Station in San Diego, CA August 27, 2012 Jared Blumenfeld and EPA staff with Chairman Shingoitewa and

other representatives of the Hopi Tribe; Vice

-Chairman William Antone and representatives of the Ak

- Chin Indian Community; Lt. Governor Stephen Lewis and representatives of the Gila River Indian Community, Representatives of the Tohono O’odham Nation, Fort McDowell Yavapai Nation, Hualapai, Tonto Apache, Yavapai Presc ott, and Navajo Nation Consultation on Navajo Generating Station in Phoenix, AZ

November 20, 2012 Jared Blumenfeld and EPA staff with representatives of Black

Mesa Water Coalition and To Nizhoni Ani Discuss Navajo Generating Station in San Francisco, CA