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

OFFICE OF THE REGIONAL ADMINISTRATOR 

## JUN 3 0 

## 2011
The Honorable David Kwail Chairperson ofthe Yavapai-ApacheNationOfThe Camp Verde Indian Reservation 2400 West Datsi Street Camp Verde, Arizona 86322

DearChairperson Kwail:

In August 2009, the U.S Environmental ProtectionAgency put forth an Advanced Notice ofProposed Rulemaking requesting comment on our analysis related to the implementation ofthe Best Available Retrofit Technology requirement ofthe Regional Haze Rule onthe Four Corners Power Plantand the Navajo Oenerating Station. During the public commentperiod for the ANPR, the Acting Regional Administrator ofEPA Region IX sent a letter dated November 13,2009 to potentially affected Tribes requesting comment on the ANPRand inviting government-to-government consultation onNOS. From the resulting discussions in 2009 and 20I0, 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 BARTfor 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 Yavapai-Apache Nation to engage in government-to-government consultation priorto ourproposed rulemaking for NOS. Consultation between the leaders ofthe Nation 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 developingthe Federal' Implementation Plan to implement the BART requirement for NOS, Administrator Jackson has detennined that consultation should occur within the regIon.


### Ifyou wish to engage in governrnent-to-government consultation on NOS, 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 otherTribes 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 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 Yavapai-Apache Nation currently or in the future will receive water from CAP, I am enclosing a spreadsheet that requests information onthe 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 informationwill help us document and assess the potential additional impacts ofourrulemaking options on all Tribes receiving water from CAP. Ifyou choose to engage in consultation with the EPA and elect to provide this infonnation, Irespectfully request to receive this**Prinl~d** on**kecyc/~d** Papuinfonnation early in the consultation process. I am committed to consulting with all affected Tribes that request government-to-government consultation prior to ourproposed 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 contact me at (415) 947-8702,
orhave your staffcontact Ms. Colleen McKaughan, Associate Director for the Air Division, at (520) 498-0118, orMr. Nate Lau, Associate Director for the Communities and Ecosystems Division, at (415) 972-3839.

Sincerely,

Enclosure