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 of the Yavapai-Apache Nation Of The Camp Verde Indian Reservation 

2400 West Datsi Street 

Camp Verde, Arizona 86322 

Dear Chairperson Kwail: 

In August 2009, the U.S Environmental Protection Agency put forth an Advanced Notice of Proposed 

Rulemaking requesting comment on our analysis related to the implementation of the Best Available 

Retrofit Technology requirement of the Regional Haze Rule on the Four Corners Power Plant and the 

Navajo Oenerating Station. During the public comment period for the ANPR, the Acting Regional 

Administrator of EPA Region IX sent a letter dated November 13,2009 to potentially affected Tribes 

requesting comment on the ANPR and inviting government-to-government consultation on NOS. From 

the resulting discussions in 2009 and 20 I0, I understand that many Tribes in Arizona are concerned 

about the potential effects of our rulemaking on Tribal water settlement agreements. 

The EPA is currently conducting an economic analysis to inform our determination of the appropriate 

control technology as BART for NOS. Because of the potential impact of our rulemaking, in accordance 

with the Federal trust obligation to Indian Tribes and EPA's May 4, 20 II consultation policy, I invite 

the Yavapai-Apache Nation to engage in government-to-government consultation prior to our proposed 

rulemaking for NOS. Consultation between the leaders of the 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 developing the Federal' Implementation Plan to implement the BART 

requirement for NOS, Administrator Jackson has detennined that consultation should occur within the 

regIon. 

If you wish to engage in governrnent-to-government consultation on NOS, please have your staff contact 

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 staff will also invite representatives from the 

Department of Interior to participate in any or all of our consultation meetings. 

I am aware of the important role NOS serves to the Central Arizona Project, and my staff is working to 

more fully understand the relationship between CAP and the water settlement agreements that are 

unique to each Tribe in Arizona. If the Yavapai-Apache Nation currently or in the future will receive 

water from 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 

of our rulemaking options on all Tribes receiving water from CAP. If you choose to engage in 

consultation with the EPA and elect to provide this infonnation, I respectfully request to receive this 

Prinl~d on kecyc/~d Papu 
infonnation early 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 on NOS. In the 

meantime, if you have any questions or concerns, please do not hesitate to contact me at (415) 947-8702, 

or have your staff contact Ms. Colleen McKaughan, Associate Director for the Air Division, at (520) 

498-0118, or Mr. Nate Lau, Associate Director for the Communities and Ecosystems Division, at (415) 

972-3839. 

Sincerely, 

Enclosure