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Consultation

Consultation Calendar of Events - Archived 2010-2011



March 31, 2011 - Discussion Forum Extended to Further EPA Consultation with Tribal Governments on Proposed Rulemaking to Clarify Tribal Participation in the TRI Program

In addition to the consultation calls held on February 7th and February 28th (see below links for more detail), we are maintaining a Discussion Forum, in the form of a blog, to aid with this consultation. This forum (which opened on February 24, 2011) will facilitate discussion on various aspects of the proposed rule, and will collect comments posted by the participants. These comments, along with feedback from the consultation calls, will help us finalize important parts of the proposed rule. Tribal representatives may access the discussion forum/blog at: http://blog.epa.gov/trireportingtribalconsult. The blog comment period has been extended until March 31, 2011, based upon recent discussions with tribal advisory groups.

To request additional information (including a copy of the full consultation packet mailed to tribal leaders and e-mailed to tribal environmental directors), please contact Beth Jackson at 202-566-0626 or by e-mail at: jackson.elizabeth@epa.gov or Louise Camalier at: 202-566-0503 or by e-mail at: camalier.louise@epa.gov.

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March 18, 2011 - Discussion Forum Launched to Further EPA Consultation with Tribal Governments on Proposed Rulemaking to Clarify Tribal Participation in the TRI Program

In addition to the February 7th and February 28th scheduled consultation calls, we will be maintaining a Discussion Forum, in the form of a blog, to aid with this consultation. This form will facilitate discussion on various aspects of the proposed rule, and will collect comments posted by the participants. These comments, along with feedback from the consultation calls, will help us finalize important parts of the proposed rule. Beginning February 24, 2011, interested tribal leaders or their designates may access the discussion forum/blog at: http://blog.epa.gov/trireportingtribalconsult . The blog will remain open for comment until March 18, 2011.

To request additional information (including a copy of the full consultation packet mailed to tribal leaders and e-mailed to tribal environmental directors) or to RSVP, please contact Beth Jackson at 202-566-0626 or by e-mail at: jackson.elizabeth@epa.gov or Louise Camalier at: 202-566-0503 or by e-mail at: camalier.louise@epa.gov.

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March 16, 2011 - Consultation Teleconference on a Proposed Stormwater Rulemaking and Renewal of the Construction General Permit

All tribes could be affected by the stormwater regulation and construction general permit and are invited to participate in a March 16, 2011 conference call to learn more and share comments or concerns. We want to have the full benefit of tribal views on the changes we are contemplating under these actions. The options EPA is considering under this proposed rulemaking may impact tribes, and include: (1) expanding the municipal separate storm sewer system (MS4) regulated area, (2) establishing specific post construction requirements to control stormwater discharges from new development and redevelopment both inside and outside the MS4 boundary, and (3) requiring MS4s to address stormwater discharges in areas of existing development through retrofitting the sewer system or drainage area with improved stormwater control measures.

In addition, tribes may be impacted by the proposed changes in the 2011 Construction General Permit (CGP), which when finalized, will replace the 2008 CGP. The final 2011 CGP will provide coverage for eligible new and existing construction projects for a period of five years. The proposed 2011 CGP will provide permit coverage for stormwater discharges from construction sites disturbing one or more acres of land or smaller sites that are part of a common plan of development or sale. The 2011 CGP will include a number of modifications from its predecessor, many of which are necessary to implement the new Effluent Limitations Guidelines (ELGs) for the Construction and Development (C&D) point source category. Construction activity that occurs in tribal areas where EPA is the NPDES permitting authority could be directly affected by EPA’s 2011 CGP.

EPA is seeking discussion with tribes and feedback on the options being considered for the stormwater rulemaking and the 2011 CGP renewal.  We will be holding a tribes-only teleconference as part of our on-going consultation and coordination process on these efforts:

Tribes-Only Teleconference: Consultation for “Stormwater Rulemaking to Strengthen National Stormwater Regulations” and “Construction General Permit Renewal”
March 16th, 2011, 3:00 – 5:00 pm EST
Teleconference phone number: (866) 299-3188
Conference ID: 3189708

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February 28, 2011 - Initiation of Consultation for Clarifying and Enhancing Participation in the Toxics Release Inventory (TRI) Program

During February 2011, EPA's Office of Environmental Information will initiate consultation on a rulemaking effort that EPA is currently considering which would propose to clarify and enhance tribal participation in the Toxics Release Inventory (TRI) Program. The TRI Program compiles data on toxic chemical releases and waste management activities, reported annually by certain industries and federal facilities, and makes it available through data files and database tools.

We are in the early stages of this rulemaking effort, but are seeking tribal views on this clarification and the roles that will be proposed for both Tribes and facilities located within Indian country. EPA is considering the following enhancements:

Two calls will be convened in February for tribal leaders or their designated staff to provide input to EPA. Details are below:

EPA Consultation with Tribal Governments on Proposed Rulemaking to Clarify Tribal Participation in the TRI Program - February 7, 2011, 1:00 – 2:30 pm ET
Toll Free Conference Line: 1.866.299.3188 (Enter 202.566.0626# for the code when directed by the recording)
and
EPA Consultation with Tribal Governments on Proposed Rulemaking to Clarify Tribal Participation in the TRI Program - February 28, 2011, 1:30-3 pm ET
Toll Free Conference Line: 1.866.299.3188 (Enter 202.566.0626# for the code when directed by the recording)

In addition to the conference calls, we will be maintaining a Discussion Forum, in the form of a blog, to aid with this consultation. This forum will facilitate discussion on various aspects of the proposed rule, and will collect comments posted by the participants. These comments, along with feedback from the consultation calls, will help us finalize important parts of the proposed rule. Beginning February 7, 2011, interested tribal leaders or their designates may access the discussion forum/blog at: http://blog.epa.gov/trireportingtribalconsult. The blog will remain open for comment until the end of this initial consultation period.

To request additional information (including a copy of the full consultation packet mailed to tribal leaders and e-mailed to tribal environmental directors) or to RSVP, please contact Beth Jackson at 202-566-0626 or by e-mail at: jackson.elizabeth@epa.gov.

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February 16, 2011 - EPA Seeks Public Comment on Proposed Final Policy on Consultation and Coordination With Indian Tribes EPA-HQ-OA-2010-0992 FRL-9239-4

The Environmental Protection Agency (EPA) is announcing a 60-day public comment period for the Proposed Final EPA Policy on Consultation and Coordination with Indian Tribes (Policy).

The Policy complies with the Presidential Memorandum on Tribal Consultation issued November 5, 2009, directing agencies to develop a plan to implement fully Executive Order 13175 (Executive Order). The Executive Order specifies that each Agency must have a process that is accountable to establish regular and meaningful consultation and coordination with tribal officials in the development of policies that have tribal implications.

The goals of the Policy are to: Establish clear EPA standards for the consultation process, including defining the what, when, and how of consultation; designate specific EPA personnel responsible for serving as consultation points of contact in order to promote consistency in, and coordination of, the consultation process; and establish a management oversight and reporting structure that will ensure accountability and transparency. The proposed final Policy sets a broad standard for when EPA should consider consulting with federally-recognized tribal governments. Notably, the scope of EPA's proposed consultation policy is intended to be broader than that found in Executive Order 13175.

The Policy reflects the principles expressed in the 1984 EPA Policy for the Administration of Environmental Programs on Indian Reservations (1984 Policy) for interacting with tribes. The 1984 Policy remains the cornerstone for EPA's Indian program and assure[s] that tribal concerns and interests are considered whenever EPA's actions and/or decisions may affect tribes. EPA is requesting comment on the policy described in this document.

The comment deadline of February 16, 2010, has closed.
Identified by Docket ID No. [EPA–HQ–OA–2010–0992]

  • Website: http://www.regulations.gov:
    Follow the on-line instructions for submitting comments.
  • Mail:
    EPA's Proposed Final Policy on Consultation and Coordination with Indian Tribes
    Environmental Protection Agency
    Mail Code: 2822–1T,
    1200 Pennsylvania Ave., NW.,
    Washington, DC 20460.
  • Hand Delivery:
    EPA Docket Center,
    EPA West, Room 3334,
    1301 Constitution Ave., NW.,
    Washington, DC. 20004

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February 7, 2011 - Initiation of Consultation for Clarifying and Enhancing Participation in the Toxics Release Inventory (TRI) Program

During February 2011, EPA's Office of Environmental Information will initiate consultation on a rulemaking effort that EPA is currently considering which would propose to clarify and enhance tribal participation in the Toxics Release Inventory (TRI) Program. The TRI Program compiles data on toxic chemical releases and waste management activities, reported annually by certain industries and federal facilities, and makes it available through data files and database tools.

We are in the early stages of this rulemaking effort, but are seeking tribal views on this clarification and the roles that will be proposed for both Tribes and facilities located within Indian country. EPA is considering the following enhancements:

Two calls will be convened in February for tribal leaders or their designated staff to provide input to EPA. Details are below.

EPA Consultation with Tribal Governments on Proposed Rulemaking to Clarify Tribal Participation in the TRI Program - February 7, 2011- 1:00 – 2:30 pm ET
Toll Free Conference Line: 1.866.299.3188 (Enter 202.566.0626# for the code when directed by the recording)
and
EPA Consultation with Tribal Governments on Proposed Rulemaking to Clarify Tribal Participation in the TRI Program - February 28, 2011, 1:30-3 pm ET
Toll Free Conference Line: 1.866.299.3188 (Enter 202.566.0626# for the code when directed by the recording)

In addition to the conference calls, we will be maintaining a Discussion Forum, in the form of a blog, to aid with this consultation. This forum will facilitate discussion on various aspects of the proposed rule, and will collect comments posted by the participants. These comments, along with feedback from the consultation calls, will help us finalize important parts of the proposed rule. Beginning February 7, 2011, interested tribal leaders or their designates may access the discussion forum/blog at: http://blog.epa.gov/trireportingtribalconsult. The blog will remain open for comment until the end of this initial consultation period.

To request additional information (including a copy of the full consultation packet mailed to tribal leaders and e-mailed to tribal environmental directors) or to RSVP, please contact Beth Jackson at 202-566-0626 or by e-mail at: jackson.elizabeth@epa.gov


December 15, 2010 - EPA Seeks Public Comment on Proposed Final Policy on Consultation and Coordination With Indian Tribes EPA-HQ-OA-2010-0992 FRL-9239-4

The Environmental Protection Agency (EPA) is announcing a 60-day public comment period for the Proposed Final EPA Policy on Consultation and Coordination with Indian Tribes (Policy). The Policy complies with the Presidential Memorandum on Tribal Consultation issued November 5, 2009, directing agencies to develop a plan to implement fully Executive Order 13175 (Executive Order). The Executive Order specifies that each Agency must have a process that is accountable to establish regular and meaningful consultation and coordination with tribal officials in the development of policies that have tribal implications.

The goals of the Policy are to: Establish clear EPA standards for the consultation process, including defining the what, when, and how of consultation; designate specific EPA personnel responsible for serving as consultation points of contact in order to promote consistency in, and coordination of, the consultation process; and establish a management oversight and reporting structure that will ensure accountability and transparency. The proposed final Policy sets a broad standard for when EPA should consider consulting with federally-recognized tribal governments. Notably, the scope of EPA’s proposed consultation policy is intended to be broader than that found in Executive Order 13175.

The Policy reflects the principles expressed in the 1984 EPA Policy for the Administration of Environmental Programs on Indian Reservations (1984 Policy) for interacting with tribes. The 1984 Policy remains the cornerstone for EPA’s Indian program and assure[s] that tribal concerns and interests are considered whenever EPA’s actions and/or decisions may affect tribes. EPA is requesting comment on the policy described in this document.

The comment deadline of February 16, 2010, has closed.

Submit your comments,
Identified by Docket ID No. [EPA–HQ–OA–2010–0992]
by one of the following methods:

  • Mail:
    EPA’s Proposed Final Policy on Consultation and Coordination with Indian Tribes
    Environmental Protection Agency
    Mail Code: 2822–1T,
    1200 Pennsylvania Ave., NW.,
    Washington, DC 20460.
  • Hand Delivery:
    EPA Docket Center,
    EPA West, Room 3334,
    1301 Constitution Ave., NW.,
    Washington, DC. 20004

December 14, 2010 - Tribal Consultation Teleconference Tribes-Only Session #2: "Water Quality Standards Regulatory Changes"

All interested tribes are invited to participate in a second Teleconference session with EPA to discuss more details of EPA's proposal before it is issued. You may be interested if (a) your tribe is one of the 45 tribes eligible to be treated in a manner similar to a state (TAS) for water quality standards, (b) if your tribe has applied for TAS, (c) if your tribe is developing standards, or (d) you have encountered issues relating to standards of other jurisdictions.

See EPA's briefing presentation and Federal Register notice at http://water.epa.gov/lawsregs/lawsguidance/wqs_listening.cfm.

The call will be held on December 14, 2010, 4:00 to 5:30 PM Eastern Daylight Time. The Teleconference phone number is (866) 689-4723 and Conference ID is 27877415.

Fact Sheet Water Quality Standards Regulatory Changes (PDF) (4 pp, 104K, About PDF)


October 4, 2010: Tribal Consultation Conference Call on Process for including American Indian and Alaska Native Village Drinking Water System Needs in the 2011 Drinking Water Infrastructure Needs Survey

As part of the 2011 Drinking Water Infrastructure Needs Survey (DWINS) the USEPA is planning to complete a survey of the tribally owned drinking water infrastructure need associated with community and not-for-profit non community water systems located in Indian country. The document found here outlines the process for how USEPA will conduct the American Indian and Alaska Native Village (AI/ANV) portion of DWINS (PDF) (6 pp, 1.3Mb, About PDF).

We invite you to participate in a national conference call to review and answer questions on the proposed approach to conduct the survey of public water system needs in Indian country. The call will be held on October 4, 2010, 3:00 to 4:30 PM Eastern Daylight Time. The conference call-in number is (866) 299-3188 and the access code is 2025641460.


September 29, 2010: Consultation Conference Call with Tribes on the National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit

The US EPA is developing a National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) for point source discharges from the application of pesticides to waters of the United States. The PGP would require all operators to reduce pesticide discharges by using the lowest effective amount of pesticide, prevent leaks and spills, calibrate equipment, and monitor for and report adverse incidents.

As this permit applies to Indian Country lands, we invite you to participate in a national conference call to review and answer questions on the National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit. The call will be held on September 29, 2010, 2:00 to 3:30 PM Eastern Daylight Time. The conference call-in number is (866) 299-3188 and the access code is 202-564-0768.


September 16, 2010: EPA accepting comments on the Proposed EPA Policy on Consultation and Coordination with Indian Tribes.


August 30, 2010: Tribal Consultation Webinar Hydraulic Fracturing Research Study 2:00 p.m. To register for the webinar, please go to https://www2.gotomeeting.com/register/739014146.

EPA is conducting a study on hydraulic fracturing, and is seeking feedback on the study design including ideas on criteria for selecting case study locations, data gaps, relevant studies, and impacts on surface and ground water resources. An initial webinar for Tribes was held on August 5, and a second webinar for Tribes will be taking place on Monday, August 30, 2010, from 2:00 – 4:00 pm EDT.

To register for the webinar, please go to https://www2.gotomeeting.com/register/739014146. Once you register, you will receive an e-mail verifying your registration, which will include a URL for you to use when logging in to view the slide presentation and a toll-free number to call to listen to the discussion.


August 2, 2010: EPA intends to send a progress report on the status of each action included in EPA's Plan of Action to the Office of Management and Budget.


July 22, 2010: Tribal Consultation Call for the TRI (Toxics Release Inventory) Metal Mining Rule.

The tribal consultation call for the Toxics Release Inventory (TRI) metal mining rule is scheduled for Thursday, July 22nd at 2:00 p.m. EDT. The call-in number is (866) 299-3188, conference code 2025660964. The call will be hosted by Rick Martin, Acting Director for the Office of Information Analysis and Access. To RSVP or request additional information, please contact Daniel Teitelbaum at 202-566-0964 or by email at teitelbaum.daniel@epa.gov, Additional information can also be found at http://www.epa.gov/tri/programs/mining/index.htm.


July 8 and 19, 2010: EPA's American Indian Environmental Office, will host two national consultation conference calls with Tribal Leaders seeking input on improving consultation and coordination between EPA and federally-recognized Indian tribes, including development of a consultation policy.

  • Thursday, July 8, 2010, 3:00 – 4:30 EDT
    Call in number 866-379-5082 / Conference ID# 75500839
  • Monday, July 19, 2010, 3:00 – 4:30 EDT
    Call in number 866-379-5082 / Conference ID# 77274061

June 9, 2010: EPA's Michelle J. DePass, Assistant Administrator, Office of International and Tribal Affairs, released the Proposed EPA Policy on Consultation and Coordination with Indian Tribes to tribes. EPA invites comments from tribes on the proposed policy. EPA plans to release a subsequent proposed policy after consideration of tribal input.


February 3, 2010: EPA submitted its Plan to Develop a Tribal Consultation and Coordination Policy Implementing Executive Order 13175 (PDF) (4 pp, 144K, About PDF) to the Office of Management and Budget.


January 6 and 27, 2010: EPA's American Indian Environmental Office, hosted consultation conference calls with Tribal Leaders seeking input on improving consultation and coordination between EPA and federally-recognized Indian tribes, including development of a consultation Plan of Action as directed by President Obama in his November 5, 2009 memorandum (PDF) (2 pp, 23K).

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