Last Updated January 9, 2013

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Timeline of Written or Telephone Correspondence and Consultation Meetings between EPA and Tribes on 

Navajo Generating Station

Written or Telephone Correspondence

Date Originator Recipient 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 on 
Last Updated January 9, 2013

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McDowell Yavapai Nation Navajo Generating Station

March 1, 2010 President Joe Shirley 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, 2010 Chairman Ned Norris Jr., 

Tohono O’odham Nation

Jared Blumenfeld Comment Letter on ANPR focused on Navajo Generating Station

March 1, 2010 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 Plant

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

June 9, 2011 President Diane Enos, Salt 

River Pima-Maricopa Indian 

Community

Lisa Jackson Request for consultation on Navajo Generating Station (NGS) and 

BART

June 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 Rhodes, 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 BART
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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 Station
Last Updated January 9, 2013

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Consultation Meetings

Date Participants Subject

June 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 Gila River Indian 

Community

Discuss ANPR

April 6, 2010 Colleen McKaughan and Representatives from Ak-Chin Discuss Navajo Generating Station

June 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 Generating 
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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 consultation 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, To Nizhoni Ani, individuals from 

Navajo Nation and Hopi Tribe

Consultation regarding Navajo Generating Station in Washington, DC

June 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 staff 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 Prescott, 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