Attachment A: Sample Consultation Letter To Tribe (from step 4.c. of guidance)
As described in step 4.c. of the guidance, the following is a sample letter of consultation to the tribal government, seeking its input on a proposed enforcement response to violations at a private facility in Indian country. The letter should be tailored for the particular tribe, violations, EPA staff, and proposed EPA response.
RETURN RECEIPT REQUESTED
____________, Chairman [or President or other title]
[EPA must verify the correct name and title per the "Tribal Contacts List" on the I drive]
[address] Dear _____________[title & name]:
The purpose of this letter is to consult with you regarding a proposed enforcement action by the United States Environmental Protection Agency (EPA) against a non-tribally owned or operated facility located within the exterior boundaries of the ______________ Reservation or otherwise within Indian country, as defined at 18 U.S.C. § 1151. Within the next few weeks [or other time frame], EPA Region 8 is planning to issue a [Proposed?] Administrative Order to _______________ for alleged violations of the _________ Act and _____________ regulations. The violations include ________ [provide a brief layman's description]. The Order will compel the company to comply and will assess penalties. A copy of the Order will be sent to you as it is issued. We encourage your input and sharing of additional information in this matter, including whether the Tribal government plans to address the noncompliance using Tribal authorities. As EPA plans to issue the Order by __ [date], please let us know if you have any questions or information that you wish us to consider prior to that date. Please do not hesitate to write or call me at (303) 312-____, if you have any questions or concerns. If your staff has questions or information to share, the most knowledgeable people on these issues are _____________, [technical title] at (303) 312-_____, and ________, Enforcement Attorney at (303) 312-______. I appreciate your partnership with EPA as we work together to protect public health and the environment.
Carol Rushin [or Kerrigan Clough]
Assistant Regional Administrator
Office of Enforcement, Compliance and Environmental Justice.
[or Office of Partnership and Regulatory Assistance]
cc: ____________ [name & title of tribe's environmental program manager]
Sadie Hoskie, Director, Tribal Assistance Program, EPA, Region 8
_______[Tribal Program Manager],TAP
________[staff], Technical Enforcement Program
Connally Mears, TEP