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

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## JUN 3 0 2011 REGIONAL ADMINISTRATOR The Honorable Ronnie Lupe Chairman ofthe White Mountain ApacheTribe OfThe Fort Apache Reservation P. O. Box 1150 White River, Arizona 85941 Dear Chairman Lupe: In August 2009, the U.S Environmental Protection Agency putforth an Advanced Notice ofProposed Rulemaking requesting comment on ouranalysis related to the implementation ofthe Best Available Retrofit Technology requirement ofthe Regional Haze Rule onthe Four Comers PowerPlant and the Navajo Oenerating Station. Duringthe public commentperiod for the ANPR, the Acting Regional Administrator ofEPA Region IX sent a letter dated November 13, 2009 to potentially affected Tribes requesting commenton the ANPR and inviting govemment-to-govemmentconsultation onNOS. From the resulting discussions in 2009 and 2010, I understand that many Tribes in Arizona are concerned aboutthe potential effects ofourrulemaking on Tribal water settlement agreements. The EPA is currently conducting an economic analysis to inform ourdetermination ofthe appropriate control technology as BART for NOS. Because ofthe potential impact ofourrulemaking, in accordance with the Federal trust obligation to Indian Tribes and EPA's May 4, 20II consultation policy, I invite the White Mountain Apache Tribe to engage in government-to-government consultation priorto our proposed rulemakingfor NOS. Consultation between the leaders ofthe Tribe and seniormanagement at the EPA is critical for the EPA to fully understand the unique impact this rulemakingmay have on Tribes. Because the EPA Region IX is developing the Federal Implementation Plan to implement the BARTrequirement for NOS, AdministratorJackson has determined that consultation should occur within the region. Ifyou wish to engage in govemment-to-government consultation onNOS, 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 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 Department ofInterior to participate in any or all ofour consultation meetings. I am aware ofthe important role NOS serves to the Central ArizonaProject, and my staffis working to more fully understand the relationship between CAP and the water settlement agreements that are unique to eachTribe in Arizona. Ifthe White Mountain Apache Tribe currently or in the future will receive waterfrom 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. Participation is entirely voluntary and this information will help us document and assess the potential additional impacts ofour rulemaking options on all Tribes receiving waterfrom CAP. Ifyou choose to engage in consultation with the EPA and elect to provide this information, I respectfully request to

Printed allRecycledPaperreceive this information 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 NOS. In the meantime, ifyou have any questions or concerns, please do not hesitate to contactme at (415) 947-8702, or have your staffcontact Ms. Colleen McKaughan, Associate Directorfor the AirDivision, at (520) 498-0118, or Mr. Nate Lau, AssociateDirector for the Communities and Ecosystems Division, at (415) 

### 972-3839. Sincerely,

Enclosure