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

## JUN 3 02011 OFFICE OFTHE REGIONAL ADMINISTRATOR The Honorable Eldred Enas Chairman ofthe Colorado River Indian Tribes OfThe Colorado River Indian Reservation 26600 Mojave Road Parker, Arizona 85344
Dear Chairman Enas:
In August 2009, the U.S Environmental Protection Agency put forth an Advanced Notice ofProposed Rulemaking requesting comment on our analysis related to the implementation ofthe BestAvailable Retrofit Technologyrequirement ofthe Regional Haze Rule on the Four Corners Power Plant and the Navajo Generating Station. During the public comment period for the ANPR, the ActingRegional Administrator ofEPA Region IX sent a letter dated November 13, 2009 to potentially affected Tribes requesting commenton the ANPR and inviting government-to-government consultation onNGS. From the resultingdiscussions 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 ourdetermination ofthe appropriate control technology as BART for NGS. Because ofthe potential impact ofourrulemaking, in accordance with the Federal trust obligation to Indian Tribes and EPA's May 4, 2011 consultation policy, I invite the Colorado River Indian Tribes to engage in government-to-government consultation prior to our proposed rulemaking for NGS. Consultationbetweenthe 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 implementthe BART requirement for NGS, AdministratorJackson has determined that consultation should occur within the region. Ifyou wish to engage in government-to-government consultation onNGS, please have your staffcontact Ms. Laura Mayo at (415) 947-3561. Ms. Mayo will work withyour 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 with Tribes to occur during my visit to PhoenixinAugust. At your request, my staffwill also invite representatives from the Department ofInteriorto participate in any orall ofour consultation meetings.
I am aware ofthe importantroleNGS serves to the Central Arizona Project, and my staffis working to more fully understand the relationship between CAP and the water settlement agreements that are unique to each Tribe in Arizona. Ifthe Colorado RiverTribe currently or in the future will receive water from CAP, I am enclosing a spreadsheetthat requests infonnation 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 water from CAP. Ifyou choose to engage in consultation with the EPA and elect to provide this information, Irespectfully request to receive this information

Printednn RecycledPaperearly in the consultation process. I am committed to consulting with 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 onNOS. 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 Directorfor the Air Division, at (520) 498-0118, or Mr. NateLau, Associate Director for the Communities and Ecosystems Division, at (415) 972-3839.
Sincerely,

Enclosure