EPA Region 3 Consultation Policy
Standard Operating Procedures
Implementing the EPA Policy on Consultation and
Coordination with Indian Tribes
Disclaimer
This document identifies internal Agency policies and procedures for EPA Region 3 employees in
coordinating Agency activities related to consultation with federally-recognized Indian tribes. This
document is not a ride or regulation and it may not apply to a particular situation based upon the
circumstances. This document does not change or substitute for any law, regulation, or any other
legally binding requirement and is not legally enforceable. As indicated by the use of non-mandatory
language, this Policy does not create any judicially enforceable rights or obligations substantive or
procedural in any person.
September 29, 2020
U.S. Environmental Protection Agency Region 3
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Table of Contents
Table of Contents i
Acronym Dictionary 1
Introduction 2
Background 3
The Regional Consultation Process 3
Regional vs. National Consultation Efforts 3
The Pre-Notification Phase - Gauging tribal consultation interests 5
The Notification Phase 6
Regional Meetings and Outreach vs. Consultation 7
Tribal Consultation Delegations 8
Declining to Consult or Failing to Respond to Consultation Notifications 8
The Input Phase 8
The Follow-up Phase 9
Concerns Regarding the Region's Decision to Consult and/or Adequacy of Consultation 10
State Roles in Consultation 10
Record Retention 11
Impact to Cross-Cutting Programs 11
Semi-annual Projection of Likely Consultations 11
Reporting Completed Consultations 13
Process Feedback and Improvements 13
Appendices 14
Appendix A - Likely Regional Consultation Activities 15
Appendix B - Roles and Responsibilities 18
Appendix C - Example Consultation Letter 21
Appendix D - Example of Pre-notification phase gauge of interest message 23
Appendix E - Consultation Reporting Procedure and Resources 24
Appendix F - Region 3 Tribal Consultation Preferences 25
Appendix G - Division Consultation Advisors 26
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Acronym Dictionary
AE
Action Expert
AIEO
American Indian Environmental Office
CA
Consultation Agent
CAA
Clean Air Act
CWA
Clean Water Act
DCA
Division Consultation Advisor
DD
Division Director
DRA
Deputy Regional Administrator
E013175
Executive Order 13175
EPA
Environmental Protection Agency
OCTEA
Office of Communities, Tribes and Environmental Assessment
ORC
Office of Regional Counsel
OMB
Office of Management and Budget
NAAQS
National Ambient Air Quality Standards
R3
Region 3
RA
Regional Administrator
RCA
Regional Consultation Advisor
RCRA
Resource Conservation and Recovery Act
RTOC
Regional Tribal Operations Committee
SOP
Standard Operating Procedure
TED
Tribal Environmental Director
TCOTS
Tribal Consultation Opportunity Tracking System
UIC
Underground Injection Control
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Introduction
The U.S. Environmental Protection Agency's (EPA) policy is to consult on a government-to-
government basis with federally recognized tribal governments when EPA actions and decisions may
affect tribal interests. The "EPA Policy on Consultation and Coordination with Indian Tribes," issued
May 4, 2011 (2011 Consultation Policy), establishes national guidelines for consultation across the
Agency.
EPA Region 3 has developed this Standard Operating Procedure (SOP) to outline regional protocols and
implementation procedures for consulting with the federally recognized tribes in Region 3. Specifically,
the goals of this SOP are to: (1) outline Regional program activities for which tribes may be notified of
opportunities to consult; (2) outline the consultation process and roles; and (3) establish a Regional
reporting process that will ensure accountability and transparency. This SOP applies only to Region 3
consultations, and not to National consultations or consultations with other EPA regional offices.
This SOP is intended to be a living document and is subject to revision as consultation best practices are
learned and feedback for improvement is received. Please check the R3 Tribal SharePoint site for
updates to this SOP, consultation resources, and representational maps of tribal lands in Region 3.
Many routine administrative and staff level interactions and communications occur between the EPA
and tribal government employees on a regular basis. This SOP does not apply to these regular, ongoing
interactions. In addition to the biannual "Working
Effectively with Tribal Governments" training, Region 3
staff who work with tribes are encouraged to participate in
regional training opportunities and to work with their
Division Consultation Advisor (DCA) and the Regional
Consultation Advisor (RCA) to ensure that tribal concerns
are appropriately considered.
This SOP supplements the 2011 Consultation Policy and two additional overarching documents1
outlining the EPA's responsibilities with respect to consultation with tribes:
"EPA Policy for the Administration of Environmental Programs on Indian Reservations"
(November 11, 1984) (hereinafter, "1984 Indian Policy"); and
Executive Order 13175: "Consultation and Coordination with Indian Tribes" (November 6,
2000) (hereinafter "EO 13175").
Who is my Division Consultation Advisor?
DCA'sfor each Division are listed on the
R3 Tribal Program SharePoint Site and in
Appendix G.
1 Documents available at R3 Tribal SharePoint Site or upon request from the RCA or a DCA.
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Background
The EPA's 1984 Indian Policy strengthened the EPA/tribal relationship and introduced consultation but
predominately focused on recognizing tribal self-government regarding environmental standards and
practices. Executive Order 13175 (EO 13175) directed each agency to develop an accountable process
to ensure timely and meaningful input by tribal officials in the development of regulatory policies that
have tribal implications.
A November 5, 2009 Presidential Memorandum directed federal agencies to develop specific tribal
consultation plans and to begin annual reporting of consultation activities to the Office of Management
and Budget (OMB). Thereafter, in its 2011 Consultation Policy, the EPA established its national policy
of consulting with federally-recognized tribes on a government-to-government basis when EPA actions
and decisions may affect tribal interests. This SOP ensures consistency with the 2011 Consultation
Policy.
The Regional Consultation Process
The 2011 Consultation Policy defines four (4) phases of the consultation process: Identification;
Notification; Input; and Follow-up. It also identifies a list of the EPA activities that may be appropriate
for consultation, recommended mechanisms for identifying consultation matters, articulates roles and
responsibilities for tribal consultation and engagement, describes how and when consultation should
occur, and defines reporting requirements. This SOP defines each of these elements as they apply to
EPA Region 3. To the fullest extent possible, Region 3 plans to rely upon existing Agency practices to
implement this SOP. However, it may be prudent for a Division to develop their own consultation SOPs
that are congruent with the Regional and National policies but add specificity for a Division.
Regional vs. National Consultation Efforts
The EPA's Headquarters offices also engage in consultation and coordination activities, including those
related to national regulation and policy development. The EPA's National program offices will have
the lead on tribal consultations regarding National actions, while Region 3 will have the lead on tribal
consultations for Regional matters. For example, a nationally driven consultation handled by the Office
of Water would be the regulatory definition of Waters of the United States under the Navigable Waters
Protection Rule, whereas a regionally driven consultation handled by the Regional office would be
Region 3's approval of a revised Virginia water quality standard. Region 3 will also strive to ensure that
Regional tribes are aware of national consultation efforts and may coordinate with EPA Headquarters as
needed to facilitate communication with Region 3 tribes. Region 3 typically will not conduct
consultation on behalf of EPA Headquarters.
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The Identification Phase The EPA identifies activities that may be appropriate for consultation
The EPA's 2011 Consultation Policy identifies a non-exclusive list of activities normally appropriate for
consultation where such activities may affect a tribe(s).2 These activities are:
Regulations or rules;
Policies, guidance documents, directives;
Legislative comments;
Permits;
Civil enforcement and compliance monitoring actions;3
Response actions and emergency preparedness;
State or tribal authorizations or delegations; and,
EPA activities in implementation of U.S. obligations under an international treaty or agreement.
Region 3 can identify additional, specific Regional activities which may also be appropriate for
consultation. These will be listed by Division in Appendix A. Also listed in the Appendix A are those
activities typically not appropriate for consultation.
The EPA's consultation process is typically triggered by
informational purposes, approximate Region 3 |
tribal boundary maps and/or tribal areas of
consultation interest are located on the EPA's R3
Tribal SharePoint site or available upon request
from the DC A or RCA). It is important to note,
however, that consultation may also be triggered
by activities involving areas outside of Indian
country. Examples include activities that may
affect traditional subsistence hunting, fishing, or
gathering locations, water quality standard
revisions per 40 CFR 131.10(b), cultural resources
and/or sacred sites. In addition, permitting and
civil enforcement activities occurring outside, but
proximate to, Indian country may also implicate
tribal interests and should be evaluated for
possible consultation.
The consultation process relies on staff within the
Region to identify when their assigned matters
activities occurring within Indian country (for
DIVISION CONSULTATION
ADVISOR
(DCA)
ROLES & RESPONSIBILITIES
As the DCA, you should:
~
~
~
~
Make an initial determination of
whether an action or decision is
appropriate for consultation, consulting
the tribe, Division staff, the RCA, and
programmatic counsel
Coordinate with the RCA and others
throughout the consultation process
Provide technical information to the
tribe(s) and conduct follow-up call(s)
and/or send correspondence
Lead the development of consultation
related documents
2 See qualifying notes in the May 2011 Consultation Policy.
3 Primary guidance on civil enforcement matters involving tribes can be found in the "Guidance on the Enforcement
Priorities Outlined in the 1984 Indian Policy" and "Questions and Answers on the Tribal Enforcement Process." In addition,
judicial and/or administrative case law, EPA compliance monitoring policies. EPA enforcement response policies, and the
"Restrictions on Communication with Outside Parties Regarding Enforcement Actions" may also apply to inspections and
enforcement activities. ORC should be consulted whenever questions arise about consultation with tribes on such matters.
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may trigger consultation. Projected consultation opportunities are identified and reported semi-annually,
at a minimum, but may be identified at any time. Questions regarding whether a matter is appropriate
for consultation should be directed to the DCA and RCA. While the Regional Administrator has ultimate
decision-making authority on all Regional consultation matters, most final decisions regarding whether
to consult on a Regional action or activity will be made by the relevant Division Director or their
designee.4 For a specific consultation the regional lead will be the DCA. The DCA will consult with the
Action Expert (AE) who is the division staff member working on the action triggering consultation. The
DCA may or may not be the AE. There may be multiple AEs for an action who would work as a team
on the consultation effort. At any time during consultation the RCA may be brought in for advice and
assistance in executing the consultation. The DCA and AE will be supported by the RCA, the Office of
Communities, Tribes and Environmental Assessment (OCTEA) including the assigned OCTEA tribal
attorney and programmatic attorneys from the Office of Regional Counsel (ORC).
Tribes may also request consultation. Consultation may be requested in writing or verbally to the AE,
DCA and/or RCA. The EPA will consider the request in accordance with the Consultation Policy,5 and
if appropriate, consultation will continue with the Notification Phase.
The Pre-Notification Phase Gauging tribal consultation interests
Consultation is a living process, meaning that over the long-term relationship the Region has with a
tribe, tribal interests in various focus areas may shift over time. The Region and specifically the
Divisions are to be constantly communicating, learning and establishing trust with tribal partners in
understanding which EPA actions would elicit tribal interest and perhaps trigger a consultation
opportunity. To the Divisions' (DCA) best ability, they are to work with the tribal consultation agent
(CA) to ascertain what the tribal interests are for EPA actions. Examples of assessing tribal interests
prior to the notification phase are: sending communication about a possible action and allowing the tribe
to opt out of consultation, and providing a list of sites, water bodies, counties, etc. and allowing the
tribes to self-declare which ones they have interest in. This communication can happen through
telephone conversations, during meetings and written correspondence. Ultimately, the tribal interests
should be memorialized in a written account from the tribe to the DCA, RCA or AE.
As the Region is establishing these new relationships with tribes, it is understood that there may be
increased communication on consumable actions as the Region is not aware, nor are the tribes, of what
actions may carry import and require consultation. The Region will continue to work with tribes to
ensure compliance with the National Consultation Policy while also fine-tuning Regional practices to
make consultation more collaborative and ultimately beneficial for both parties. Divisional SOPs can
specify distinct processes on how to address gauging tribal interests while ensuring compliance with the
consultation policy.
4 See Appendix B, Roles and Responsibilities.
5 Consistent with the 2011 Consultation Policy, the final decision on consultation is normally made after examining the
complexity of the activity, its implications for Tribes and time and/or resource constraints.
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The Notification Phase The EPA notifies tribes of a consultation event
The appropriate point at which to initiate consultation is as early as possible as needed for timely and
meaningful input by the tribe(s). Consultations are conducted on a government-to-government basis.
Where Region 3 initiates the consultation, letters notifying a tribe of an opportunity to consult will be
developed by the DCA and the AE with review by the RCA, the programmatic ORC attorney and the
OCTEA Tribal Attorney. Notification letters are to be signed by the RA, unless that responsibility has
been delegated to the relevant Division Director and must be sent to the tribal leader (Chief/Chairman),
unless the tribal leader has designated a CA to act on his or her behalf.6
Letters notifying a tribe of an opportunity to consult should include information to aid tribal officials in
making an informed decision about whether to participate in the consultation and sufficient information
on how to provide informed input. In general, the letters should contain the following elements7:
A description of the activity with appropriate attachments (maps, technical data, etc.);
A description of the consultation timeline with a clear beginning (the letter itself), a clear end
(this may be described by an event as opposed to a date), and any important steps of consultation
as appropriate (e.g., webinar to be held on a specific date, conference calls, etc.);
Questions the EPA would ask when proposing an action that may affect tribal treaty or other
reserved rights within a specific geographic area, consistent with the 2016 Tribal Treaty Rights
Guidance;8
The identity of the Region 3 DCA and, if warranted, the AE.;
A request for a response to the consultation notification, and a tribal point of contact or
representative with whom the EPA can follow up and who can speak on behalf of the tribe
(however, the tribe(s) may also want additional representatives engaged in the consultation
opportunity);
A "please respond by" date, allowing for adequate time for a tribal council meeting or other
internal deliberations by the tribe. In most instances, thirty (30) days would be a sufficient
response time, however, certain activities may require more or less time depending on the
circumstances of the activity at issue. For situations in which the EPA's time to take an action is
constrained, it may be appropriate to include a statement notifying the tribe that a failure to
respond by the date specified will be interpreted as a decline of the offer to consult;
Include "cc" to Tribal Environmental Director (TED)/Tribal CA; and
Provide a copy of the final letter to the DCA and RCA for tracking and reporting purposes.
Consultation letters should always be mailed and e-mailed directly to the tribal leader and a copy
emailed to the TED or Tribal CA. It is best practice for the DCA or RCA to call the TED or CA after
6 Tribal contact information is available on the Tribal Program SharePoint Site
7 Examples letters are available in Appendix C and on the Tribal Program SharePoint Site
8 Region 3 recognizes that, although the federally recognized Tribes in the Region may not have any treaties currently in
effect, Tribes may have other sources of reserved rights that carry the force of federal law (e.g., congressionally enacted
Indian land claim settlements).
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the package is sent in the mail and electronically. The purpose of the telephone call is to ensure receipt
of the package and answer any initial questions regarding the consultation.
If previously mutually agreed to by EPA Region 3 and a tribe, alternative consultation procedures may
be utilized for certain Regional consultations. Such alternative procedures do not extend to National
consultation activities. EPA Region 3 anticipates alternate procedures will be added to Appendix F as
they are developed and mutually-agreed-upon through written confirmation by the Region (DCA) and
the tribes. As noted in the Pre-Notification Phase section, the DCA can employ gauge of interest letters
or e-mail messages to ascertain if tribes are or are not interested in a particular action prior to
consultation. These letters are not required but can be useful for the tribes and the Region in
understanding tribal interest and limiting the amount of communication a tribe may receive regarding
consultations. These letters can only inform the Region that a tribe is NOT interested in consultation. If
the DCA does not receive a response to the gauge of interest letter then the DCA assumes the tribe
wants to receive the consultation opportunity letter. An example of a gauge of interest letter can be
found in Appendix D.
Region 3 staff work closely with tribal representatives on all manner of environmental and public health
work. Be advised that routine programmatic conversations are not consultation until the consultation
process, as described herein, has been formally initiated. Once consultation has been initiated, such
conversations may become part of the consultation record, where appropriate. Consultation
communications may be in the form of emails, conference calls, routine phone calls, and minutes of
Regional meetings,9 to the extent that any such communications took place pursuant to an initiated
consultation. Consultation communications should, however, be documented by the Region 3 DCA and
included in the consultation summary at the end of the process.
It is important to promote a full and frank exchange of views during government-to-government
consultation with tribes. These interactions may include discussions relating to issues of unique
sensitivity to tribes such as cultural practices, uses of environmental resources, locations of cultural
resources, tribal relationships, and jurisdictional issues. EPA staff should consider these potential
sensitivities in preparing records memorializing consultations with tribes. The Region should also
consider and discuss with tribes the fact that memorialization of consultations, including related
correspondence, exchanged between the EPA and tribes will generally not be privileged or otherwise
protected from disclosure under the Freedom of Information Act. OCTEA and ORC will advise
Divisions on how to navigate these sensitive issues.
Regional Meetings and Outreach vs. Consultation
Regional meetings, such as the Regional Tribal Operations Committee (RTOC), involving multiple
tribes and/or outside parties are generally not appropriate for consultation unless consultation has been
initiated, and the EPA and the affected tribe(s) identified the Regional meeting as part of the intended
consultation plan. If a Regional meeting is part of a consultation opportunity, it is important that the
tribes are made aware that consultation activities will take place during the meeting. Regional meetings
present excellent face-to-face opportunities for discussing issues appropriate for consultation in a group
9 See further discussion of Regional meetings below.
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situation; however, if consultation has not been initiated and the meeting has not been identified in the
consultation plan, discussion of the topic at such a meeting is considered outreach and not consultation.
Other tribal meetings, such as trainings and conferences, should also be considered outreach rather than
consultation opportunities. Consultation discussions on tribe-specific issues should not occur in group
settings unless requested or approved by the consulting tribe(s).
Tribal Consultation Delegations
To the extent possible, Region 3 will honor tribal preferences regarding consultation communications.
Those preferences will be incorporated in Appendix F when available. Tribes may choose to delegate
routine EPA consultations to the TED (as Tribal CA), or a more accessible designee below the tribal
leader (e.g., Chief/Chairman) as they deem appropriate. If the tribe has not designated a CA, all
consultation correspondence will be mailed to the tribal leader as described above. If the tribe has
designated a CA, that person should be contacted to determine the appropriate tribal recipient of the
consultation invitation. If previously agreed to by the tribe, an e-mail consultation invitation may be
appropriate as described in the tribe's alternative consultation procedures, but it must still contain the
necessary elements described above.
Declining to Consult or Failing to Respond to Consultation Notifications
A tribe's declination of consultation or failure to respond to a notice of an opportunity to consult does
not relieve the EPA of its general trust responsibility to consider the interests of the tribe, or mean
communication and coordination with the tribe regarding the subject ends. DCAs should continue to
keep the tribe informed to the extent of its interest.
If the tribe reconsiders and later requests consultation with Region 3, the request will be reviewed by the
DCA to determine the extent to which meaningful consultations can be conducted. Region 3 will inform
the tribe of its determination which can ultimately be made by the Division Director. It is Region 3's
intent to engage in consultation with tribes if possible, even if they initially decline.
If the EPA's notice of an opportunity to consult included a "please respond by date" and a statement that
a failure to respond by such date would be interpreted by the EPA as a decline of the consultation
request, then the EPA DCA may conclude the consultation if the tribe fails to respond.
The Input Phase Tribes provide input to the EPA on the consultation matter
The EPA notes that, consistent with the 2011 Consultation Policy, consultation does not guarantee that
Region 3 will make decisions pursuant to the tribes' wishes. Consultation does, however, seek to ensure
that tribal interests and concerns are appropriately considered by the Region in the decision-making
process. Therefore, the Region 3 DCA and AE provide as much information as possible to the tribe for
meaningful consultation. The DCA coordinates with tribal officials during this phase to be responsive to
their needs for information and to provide opportunities for discussion. Phone calls, conference calls,
and/or face-to-face meetings can constitute consultation. The Region 3 DCA, AE, RCA, Division
Directors, Deputy Directors, Regional Administrator, Deputy Regional Administrator, programmatic
attorney, OCTEA tribal attorney and other R3 staff, as needed, can participate in consultations meetings.
The DCA will document the substance of the consultation including the views and concerns expressed
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by the tribe(s), the participants in the consultation and the date(s) and time(s) when consultation
occurred.
The DC A will look to the 2016 Tribal Treaty Rights Guidance, where applicable and employ three
questions regarding tribal treaty rights. The questions are: (1) "do treaties exist within a specific
geographic area?;" (2) "what treaty rights exist in, or what treaty-protected resources rely upon, the
specific geographic area?;" and (3) "how are treaty rights potentially affected by the proposed action?"
Other sources of reserved rights that carry the force of federal law (e.g., congressionally-enacted Indian
land claim settlements) should also be considered in consultation.
As a general matter, the Region intends to conduct tribal consultations prior to any corresponding
federal public comment period for the consulted-upon action; however, the Region acknowledges that,
in some cases, public comment periods may run concurrent with tribal consultations (e.g., State-lead
scenarios, or non-time critical removal situations).
Tribes are encouraged to submit comments in writing at any time during consultation, as well as during
any public comment period. Although tribal consultation is distinct from the EPA or state public
participation and community involvement process, the DCA and or RCA should alert tribes that it may
be advisable for tribes to provide comments during a public comment period even in situations where
consultation has occurred as such comment may preserve any administrative appeal rights under the
operative statute.
The Follow-up Phase The EPA provides feedback to the tribe(s) to explain how its input was
considered in the final action/decision
Consultation is closed when the Agency action or decision is complete or at a specified date that is
clearly communicated to the tribe which may be prior to EPA announcing an action decision. It is
Region 3's general practice that, whether or not the tribe(s) submits written comments, input from the
tribe(s) should be summarized after the end date or end event proposed in the notice of an opportunity to
consult letter. The DCA should share this summary with the tribe(s) prior to the close of consultation to
ensure that the summary captures their comments. The DCA, in coordination with his or her
management, the AE, ORC (if appropriate), and the Region 3 decision maker (Branch Chief, Associate
Director, Division Director or Regional Administrator), will consider the tribal input prior to final action
being taken on the matter. A written response to the comments raised by the tribes will be developed by
the DCA and AE, reviewed by the assigned ORC Attorney,10 and signed by the RA or the relevant
Division Director or their designee. The written response may include collective Tribal comments when
appropriate, and should contain the following points11:
Consultation timeframe;
History of consultation events;
10 If an ORC attorney is assigned to the matter, then that attorney should review the response to comments. If no attorney has
been assigned, then the ORC Tribal Attorney will review the response to comments.
11 Example summary and follow-up letter available at R3 Tribal SharePoint Site or available upon request from the DCA or
RCA.
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Brief summary of consultation comments (or attaching summary already shared with tribe(s))
including a discussion of any tribal treaty or otherwise reserved rights;
A description of how the tribe's input during consultation was/will be considered in the final
action;
Region 3's final decision or intended actions resulting from the consultation effort;
A clarifying statement that this letter closes out consultation on this matter; and
A copy to all parties from the original notice of an opportunity to consult.
Following the closure of consultation, the RCA will write a paragraph summary of the consultation
event and submit it to TCOTS. The TCOTS record should be updated and archived within 30 days of
the close of consultation.
Concerns Regarding the Region's Decision to Consult and/or Adequacy of
Consultation
If a tribe(s) disagrees with Region 3 regarding the appropriateness of an Agency action for consultation
and/or the adequacy of such consultation, tribes may raise a dispute. The parties will first attempt to
resolve a dispute matter informally at the staff level. If resolution of the matter is not successful at the
staff level, the issue will be presented to immediate supervisors and Division management, who will
attempt to resolve the matter. If the dispute is still not resolved, it will be raised to the Regional
Administrator for decision. The Regional Administrator will work with the tribe(s) and with the Region
3 program representatives to understand the issues resulting in the dispute. The Regional Administrator
will then make a decision and communicate it to all tribal and regional parties. Tribes or the Regional
Administrator may also elevate disputes regarding the EPA's definition of actions appropriate for
consultation and/or the adequacy of consultation to the Assistant Administrator for the Office of
International and Tribal Affairs as the Designated Consultation Official.
State Roles in Consultation
EPA consultations concern EPA decisions and actions that may affect tribal interests. DCAs and AEs
should NOT share tribal concerns raised during consultation with the affected state(s). This has the
potential to undermine the government-to-government relationship between the EPA and a tribe.
Consultation may also have the potential to enhance state/tribal relations by bringing tribes into non-
EPA driven processes. Division Consultation Advisors and Action Experts should work with the
tribe(s) to determine the appropriate extent, if any, to engage the state. This tribal coordination should
occur prior to the EPA involving any state in tribal consultation activities.
Many environmental programs are delegated to the states. As such, certain state actions or decisions
may affect tribal interests even though such state programs are not implemented within Indian country.
As a general matter, Region 3 will, to the extent practicable, encourage states to consult with tribes on
state actions that may affect tribal interests. Region 3 will coordinate and facilitate such discussions
when possible. Region 3 encourages tribes to contact the DCA when such facilitation is desired.
The EPA's Role with Other Federal Agency Programs
There may be times when Region 3 coordinates with other federal agencies on environmental programs
(e.g., Environmental Impact Statement reviews). If the EPA is the lead agency, the EPA will initiate
consultation consistent with its policies. If another agency is the lead, the EPA will recommend and
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facilitate tribal consultation where practicable, but it remains the responsibility of the lead federal
agency to initiate consultation pursuant to its internal practices.
Record Retention
Tribal consultation records will be kept in the project files by the program staff in accordance with any
underlying statutory or regulatory requirement, including, but not limited to, the Federal Records Act,
the Freedom of Information Act, and EPA's record retention policies.
Impact to Cross-Cutting Programs
Some federal statutes and regulations contain specific requirements to consult with tribal governments.
Where possible, Region 3 will seek to use this SOP when undertaking consultation activities pursuant to
such federal statute or regulations.
Examples where federal actions might include separate requirements for tribal consultation include:
The American Antiquities Act of 1906;
The Historic Sites, Buildings Objects and Antiquities Act of 1935;
The National Historic Preservation Act of 1966; and
The Native American Graves Protection and Repatriation Act of 1990.
Semi-annual Projection of Likely Consultations
EPA's American Indian Environmental Office (AIEO) manages the Tribal Consultation Opportunity
Tracking System (TCOTS) database. Twice a year, on April 1 and October 1, AIEO will establish a list
of prospective consultation opportunities that have been identified for the next six months. In Region 3,
prospective consultation opportunities will be identified at the Divisional level. In February and August,
the OCTEA Division Director will send an e-mail message to all Region 3 Division Directors and
Deputies requesting their Division's consultation projections for the next six months. The DCAs and
RCA will be cc'ed to that message. The DCAs will work within their Division to compile the projected
consultation opportunities and submit them to the consultation tracking document on the Region 3 Tribal
SharePoint Site. DCAs will be responsible for submitting consultation projections via the consultation
tracker spreadsheet on the Tribal SharePoint Site no later than March 15 and September 15 of each year.
The DCA should coordinate with staff and include management in identification of potential
consultation opportunities. If no consultation opportunities are identified, the DCA will communicate
that through e-mail to the RCA by the same deadlines. This process is outlined in Appendix E. Figure 1
summarizes the four (4) phases of consultation.
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A
RCA Requests
Projected
Consultations
Projected
consultation
requests are
emailed to DD with
cc to Managers,
ORC and DCAs
Division
Information
Gathering
DCA submits draft
projected
consultations to
SharePoint Site
upon Division
approval
Draft
Consultation
Record is
Complete
Draft consultation
record is revised as
needed
Consultation
is Delayed
Action Does
Not Move
Forward
Action
Moves
Forward
{
{
{
Draft Record is
Updated
Draft Record is
Deleted
Move to
Notification
Phase
Invitation Letter
Drafted by
DCA/AE
Letter is routed,
signed by DD or
RA, and mailed to
Tribe.
508 Compliant
Letter Submitted
to RCA
TCOTS record is
updated by RCA
Consultation
Record Published
in TCOTS
RCA approves
consultation
record
Consultation
Begins
Move to Input
Phase
Receive Input from Tribe(s)
Input is received via calls,
meetings, emails, or other
appropriate correspondence
methods by DCA and AE
1
Consultation
is Extended
No Response
or Invite
Declined
Action is
Complete
Record is
Updated
Move to
Follow Up
Phase
Move to
Follow Up
Phase
Close Out Letter
Drafted
Letter is routed,
signed, and mailed
to Tribe, copy to
RCA
Final Letter
Submitted to
RCA
Consultation
record is updated
with summary by
RCA
Consultation is
Complete
Consultation
record is closed in
TCOTS by RCA
Figure 1: Consultation Process Overview
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Region 3 also recognizes that not all activities appropriate for consultation will or can be identified by
these reporting dates. When EPA staff recognizes consultation-appropriate activity, or a tribe requests
consultation on an otherwise unreported matter, the DCA and Division management should be notified
promptly, and the consultation opportunity should be entered into TCOTS by the RCA.
Reporting Completed Consultations
The TCOTS database will serve as the basis for reporting completed consultations and outcomes
annually to Office of Management and Budget in June of each year. The RCA holds the responsibility of
ensuring TCOTS stays updated and is reflective of proposed, ongoing and completed consultations.
Process Feedback and Improvements
Region 3 views this SOP as a living document and expects that procedures and practices may be
identified in the future that would improve the Region's consultation efforts. As such, the Region
expects that this SOP will be periodically evaluated by Region 3 and the tribes during future Regional
Tribal Operations Committee (RTOC) meetings and other meetings. Should the EPA and the tribes
determine that revisions to this policy are necessary and appropriate, the EPA will work in coordination
with the tribes to make any such changes to this SOP.
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Appendices
Further resources can be found on the Region 3 Tribal Program Share Point Site.
httDs://useoa.shareooint.com/sites/R3 Communitv/tribal/SitePaaes/Home.asox
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Appendix A - Likely Regional Consultation Activities
The general types of activities for which consultation may be appropriate are noted in the text of the
SOP and are described again below. This attachment supplements the nationally provided general list
by adding likely Region-specific circumstances for which consultation may also be appropriate. Many,
but not all, activities listed here result from undelegated program elements, or from other Regional
activities. Also provided is a list of circumstances for which consultation generally may not be
appropriate. These lists are provided by way of example only and consistent with the 2011 Consultation
Policy.
Circumstances for which consultation is generally appropriate across all programs
(as specifically included in the 2011 Consultation Policy):
Policies, guidance documents, directives;
Budget and priority planning development;
Legislative comments;
Permits;
Civil enforcement and compliance monitoring actions;12
Response actions and emergency preparedness;
State or Tribal authorizations or delegations; and
EPA activities in implementation of U.S. obligations under an international treaty or agreement.
Federal decisions
Division Specific Matters for which Consultation may be Appropriate:
Air & Radiation Division:
NAAQS Designations
State Implementation Plans (SIPs),
Permit Modification, Prevention of Significant Deterioration (PSD), New Source Review (NSR)
Regional Haze
Actions on State Air Programs (approvals, etc.)
Superfund and Emergency Management Division:
Site/facility listing;
Assessments & Decision Documents (see multi-year project consultations note below); and
Emergency and Removal Actions.
Water Division:
Water Quality Standards Revisions (state-wide);
Site-Specific Water Quality Criteria;
303(d) Impaired Waters List;
12 The May 2011 Consultation Policy states in a footnote that "Primary guidance on civil enforcement matters involving
tribes can be found in "Guidance on the Enforcement Priorities Outlined in the 1984 Indian Policy," and "Questions and
Answers on the Tribal Enforcement Process." EPA consultation on these matters must also be undertaken consistent with the
EPA's "Restrictions on Communicating with Outside Parties Regarding Enforcement Actions" (Mar. 8, 2006).
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Total Maximum Daily Loads (TMDLs);
Establishment of Regulatory Roles for a Public Drinking Water System (where multiple
jurisdictions control drinking water supply, the EPA must mediate selection of the appropriate
oversight organization);
Approval of Class 6 Underground Injection Control (UIC) Permits (e.g., fracking permits); and
Clean Water Act § 402 Permits issued by Region 3.
Office of Regional Counsel:
ORC should be consulted whenever questions arise about the application of federal Indian law,
jurisdictional issues, or EPA policies pertaining to Indian country.
In addition, as previously discussed, civil compliance monitoring and enforcement actions are generally
appropriate for consultation, to the extent practicable and as permitted by law and EPA policy.
However, there may also be additional, relevant documents and sources of law governing such actions,
including judicial and/or administrative case law, EPA compliance monitoring policies. EPA
enforcement response policies, and the "Restrictions on Communication with Outside Parties Regarding
Enforcement Actions." ORC should be consulted whenever questions arise about consultation with
tribes on such matters.
Multi-year project consultation considerations:
Multi-year projects, such as Superfund or RCRA Corrective Action assessment and cleanup, could
necessitate several consultation periods throughout the project. In these circumstances, the EPA makes
decisions throughout the process. Consultation should be initiated at the earliest possible point,
including site identification, and continue through cleanup. A consultation plan should be developed in
which critical points in the process are identified for specific tribal input to that phase of the project.
Check with the DCA for updated recommendations for developing such consultation plans.
Activities for Which EPA Consultation Generally Is Not Appropriate:
When the EPA is engaged in a multi-agency project for which it is not the lead agency.
o EPA Staff, however, are encouraged to raise consultation needs to the lead agency.
For internal EPA operations, such as activities and decisions relating to staffing, personnel, and
human capital management; oversight of contractor performance under Agency-issued contracts;
administration of EPA's working capital funds; and EPA funding allocation decisions.
When the EPA lacks discretion (e.g., Congressionally mandated actions, schedules or other
requirements; EPA response to court orders; any activities subject to confidentiality protections).
When actions or decisions are completed for state program reviews.
o The process for state program reviews varies across the Region, and it may involve
reviewing site/facility specific information such as individual facility permits. To the
extent that specific information evaluated during a state program review pertains to a site
or facility that may affect tribal interests (e.g., due to its location near to Indian country),
the EPA will generally not consult on such reviews. The EPA's objective during state
reviews is to evaluate the state's overall program and not to review individual outcomes
under the state program. However, if the EPA should identify an actionable deficiency
with a specific site or facility permit, for example, and the EPA intends to take action to
address that concern, the Agency would consult on the revised decision or action
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consistent with its consultation obligations. As a general matter, the Region will
encourage states to consult with tribes on state actions that may affect tribal interests.
The EPA response to tribally-requested input or reviews.
o In certain circumstances where the tribe has requested EPA review or input, such
circumstances may not warrant consultation depending on the nature of the requested
action or decision. Program staff should work with their DCA before such decisions or
action is made to determine whether consultation is needed.
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Appendix is and Responsibilities
Designated Consultation Official
The Assistant Administrator for the Office of International and Tribal Affairs, as the Designated
Consultation Official, has the authority for: (1) defining EPA actions appropriate for consultation,
(2) evaluating the adequacy of that consultation, and (3) ensuring that EPA program and regional office
consultation practices are consistent with this Policy.
Regional Administrator (RA)
The RA oversees the consultation process in the region, including appointment of a RCA, analysis for
potential consultation and the consultation process, and submission of semi-annual consultation
projections.
Division Director (DD)
The DD is responsible for overseeing the implementation of the May 2011 Consultation Policy and this
SOP in their relevant divisions. DDs are the primary decision-maker on consultation decisions within
their Division and are the primary signatories on all formal correspondence with tribal leaders. DDs are
also responsible for concurring on their Divisions' TCOTS submissions.
Regional Consultation Advisor (RCA)
The Tribal Program Coordinator in the Office of the Communities, Tribes and Environmental
Assessment is the appointed Regional Consultation Advisor for Region 3 unless otherwise designated by
the OCTEA Division Director. The RCA is responsible for meeting all AIEO reporting obligations for
consultations conducted by the Region and ensures the accuracy of reporting to OMB. The RCA
coordinates consultation activities with the DCAs and submits TCOTS entries with the assistance from
the DCA and AE. The RCA monitors the effectiveness of the Region's consultation procedures, makes
recommendations for improvements, and elevates consultation matters to the RA as needed. The RCA
is available to assist the DCAs and the AEs in all aspects of consultation.
Division Consultation Advisor (DCA)/Alternate
A DCA is appointed by each Division Director. The DCA will serve as the first point of contact for
Division staff in answering questions and advising about consultation practices and requirements. The
DCA will ensure that the Division staff and management maintain a level of awareness regarding
consultation obligations and will assist in identifying consultation opportunities. The DCA will assist
the Division Director in developing the semi-annual list of consultation opportunities (March 15 and
September 15), assists the RCA in providing information for TCOTS records entry, and ensures that
Action Experts prepare a short summary of consultation outcomes following the conclusion of each
consultation.
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Action Expert and/or DCA
The Action Expert (which may or may not be the DCA) is the staff-level technical lead assigned to a
consultation action. Specifically, they are responsible for:
Making initial determination whether a Tribe(s) interest may be affected by an EPA action or
decision;
Notifying the DCA when a Region 3 action/decision is likely to trigger consultation, or when the
Tribe requests a consultation;
Coordinating with management, the DCA, RCA, and the ORC and/or Tribal attorney as needed
throughout the consultation process;
Providing the technical information needed by the tribe for informed consultation. Conducts
follow-up call(s) and/or sends letters or emails to the tribal environmental staff to ensure that
appropriate levels of tribal program management are aware of the consultation efforts underway.
Leading the development of any necessary documentations, including: (1) the letter initiating
consultation, (2) a summation of all tribal input, (3) assuring tribal review of the summary of
tribal input, (4) developing the consultation conclusion letter to the tribe, and (5) documenting
close out of consultation by writing a short summary of the consultation effort for inclusion in
the TCOTS tracking system.
Office of Regional Counsel (ORC) Tribal and Staff Attorneys
The ORC Tribal Attorney should be consulted whenever questions arise about the application of federal
Indian law, jurisdictional issues, or EPA policies pertaining to federally recognized tribes and Indian
country. The ORC Tribal Attorney will advise on questions about whether an EPA Region 3 action or
decision is appropriate for consultation, and the effect of other generally-applicable EPA policies and
guidance on such consultations.
If a matter has an ORC staff attorney assigned to it, then the ORC Staff Attorney should be consulted on
all non-Indian-law aspects of the matter (i.e., media/environmental subject matter questions), and should
also be included in any Indian law discussions of the matter with the ORC Tribal Attorney.
Concurrence by the ORC Tribal Attorney and ORC Staff Attorney (if applicable) is necessary for all
notices of opportunities to consult, as well as all letters to a tribe pertaining to consultation, including
written responses to comments communicated during consultation. An ORC assignee should attend
consultation discussions if an attorney for the tribal government is expected to participate.
The ORC Tribal Attorney is responsible for reviewing the semi-annual list of consultation opportunity
projections prepared by the DCAs.
Consultation Agent for the Tribe (CA)
Tribal leaders may designate a CA to act on their behalf. CA designations will be recognized by Region
3 only to the extent they include a defined set of circumstances/actions for which the CA authorized to
consult with Region 3 on behalf of the tribe. If a CA is designated, the CA will be the first point of
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contact for Region 3 Technical Program Leads on matters for which CA consultation is appropriate. For
all other matters, consultation communications will be directed to tribal leaders.
It is expected that each tribe will decide how Regional consultation should be conducted for that tribe.
Those preferences will become an attachment to this Regional SOP.
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Appendix C - Example Consultation Letter
The Honorable Chief Gerald A. Stewart
Chief of the Chickahominy Indians Eastern Division
2895 Mt. Pleasant Road
Providence Forge, VA 23140
Dear Chief Stewart:
The U.S. Environmental Protection Agency (EPA) is seeking to initiate consultation and coordination
with the Chickahominy Indians Eastern Division concerning EPA's upcoming action to approve or disapprove
Virginia's amendment to its chlorophyll-a criteria for the tidal James River.
This process will be conducted in accordance with the EPA Policy on Consultation and Coordination
with Indian Tribes (http://www.epa.gov/tribal/pdf/cons-and-coord-with-indian-tribes-policy.pdf). We expect
EPA's period for consultation and coordination will extend from the date of this letter until 45 days after EPA's
receipt of the submission from Virginia Department of Environmental Quality's (VADEQ) amending its
chlorophyll-a criteria for the tidal James River.
Enclosed is a consultation and coordination plan for this action which includes a description of the action
and the process EPA intends to follow. Also included is a timeline for the consultation and coordination period
and information on how you can provide input on this action. This information will also be available on EPA's
Tribal Portal https://tcots.epa.gov). Additional information on VADEQ's water quality standards program can be
found at:
https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityStandards/Nutrient
CriteriaDevelopment.aspx
The EPA contact person for this consultation and coordination process is INSERT DCA NAME, PHONE
and E-MAIL The Division may accept this offer to consult by contacting DCA NAME as soon as possible, but
preferably no later than December 6, 2019, to allow enough time for EPA to conduct consultation prior to the
approval or disproval deadline. If we have not received a response from the Chickahominy Indians Eastern
Division by December 6, 2019, EPA will infer that the Division does not wish to consult on EPA's review of
Virginia's amendment to its chlorophyll-a criteria for the tidal James River.
Please feel free to contact DCA NAME should you have any questions on this action or would like to
request alternative arrangements to the process outlined in the consultation plan.
We look forward to hearing from you on this important matter.
Sincerely,
Cosmo Servidio
Regional Administrator
Enclosure
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Enclosure; Tribal Consultation and Coordination Process and Timeline
Dale
Event
Point of Contact
December 6. 2019
Notify EPA of the acceptance or disproval to consult
Cheryl Atkinson,1
45 days after EPA
receipt of VADEQ
submittal
Consultation period ends
Cheryl Atkinson
60 days upon EPA's
receipt
EPA approval of Virginia's amendment to its
chlorophyll-a criteria for the tidal James River
Cheryl Atkinson
90 days upon EPA's
receipt
EPA disapproval of Virginia's amendment to its
chlorophyll-a criteria for the tidal James River
Cheryl Atkinson
1 Cheryl Atkinson is in the EPA Region III Water Division Virginia Water Quality Standards
Coordinator.
EPA's action is contingent upon the receipt of VADEQ submission of its amendment to chlorophyll-a
criteria for the tidal James River. That submission has not occurred and although we are highly confident the
submission will not differ from the draft amendments we have seen, we cannot be certain no changes will occur.
To ensure consultation is conducted on the final submitted amendments, upon receipt of the final package EPA
will discern if any discrepancies are reflected and if so, will continue with consultation to update the Division on
the changes.
Virginia's amendment to its chlorophyll-a criteria for the tidal James River
A common symptom of degraded water quality is an increase in algae growth. Algal biomass can be
measured in an aquatic system by measuring the concentration of chlorophyll-a. High concentrations of
chlorophyll-a in a waterbody may be indicative of excessive algal growth, which can negatively impact aquatic
life. Excessive algal growth is often a result of increased levels of nitrogen and phosphorous. These nutrients
enter aquatic systems from fertilizers, septic systems, sewage treatment plants, air deposition and urban runoff.
Chlorophyll-a criteria enables better watershed management of nitrogen and phosphorus, which drive
algal blooms in the tidal James River. The proposed amendments are the result of a comprehensive scientific
study overseen by VADEQ that focused on chlorophyll-a dynamics and linkages to aquatic life effects in the
James River. Among the most notable changes to the regulation are modified seasonal mean criteria and new
short-duration criteria that protect aquatic life from the effects of harmful algae.
The implicit basis of the current criteria was protection of "fish food" not protection against lethal
harmful algae blooms (HABs) or physicochemical impacts. Some key points on Virginia new and revised James
River chlorophyll-a criteria (JRCC) include revised JRCC based on empirical relationships between chlorophyll-a
and response variables such as water clarity, pH, HAB species abundance/toxicity, and dissolved oxygen. These
responses (effects) make for more defensible endpoints than reference phytoplankton community metrics
(diversity, evenness, richness). In addition, in segments where harmful algal blooms have been documented, the
revised seasonal mean criteria would work in tandem with the new short-duration criteria. Compliance with the
latter would place a constraint on the upper limit of summer mean concentrations, since these criteria are designed
to minimize the frequency of the very high chlorophyll-a concentrations one would expect to see during harmful
algal blooms.
Virginia's amendment provides modified and new site-specific JRCC for the tidal portions of the James
River only. These criteria do not apply to freshwater portions of the James River or any tributaries. Please
reference the map below but essentially the tidal portion of the James River extends from the inlet to the
Chesapeake Bay to just before Richmond.
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Appendix D - Example of Pre-notification Phase Gauge of Interest Message
(sent via e-mail from Brian Hamilton to Chief Anne Richardson, Chief of the Rappahannock Tribe, cc'ed OCTEA
DD and WD DCA who was the AE as well)
I am gauging the interest the Tribe has in receiving a consultation opportunity letter regarding an upcoming EPA
action. The action EPA will be taking is the approval or disapproval of Virginia's amendment to its chlorophyll-a
criteria for the tidal James River.
One of the symptoms of degraded water quality condition is the increase of algal biomass as measured by the
concentration of chlorophyll-a. Bodies of water with higher concentrations of chlorophyll-a may be indicative of
levels of algae that are excessive and can negatively impact aquatic life and aquatic ecosystems. Waters with
high levels of the plant nutrients nitrogen and phosphorus from fertilizers, septic systems, sewage treatment
plants and urban runoff may have excessive levels of algae.
Chlorophyll-a criteria enable watershed management of nitrogen and phosphorus, which drive algal blooms in
the tidal James River. The proposed amendments are the result of a comprehensive scientific study overseen by
VADEQthat focused on chlorophyll-a dynamics and linkages to aquatic life effects in the James River. Among the
most notable changes to the regulation are modified seasonal mean criteria (eight proposed criteria are lower
than the existing criteria and two proposed criteria are higher) and new short-duration criteria that protect
aquatic life from the effects of harmful algae.
Virginia's amendment provides modified and new site-specific JRCC (excluding tributaries). And only pertain to
tidal sections of the James River. Please reference the map below but essentially the tidal portion of the James
River extends from the inlet to the Chesapeake Bay to just before Richmond.
We want to ensure Tribes are given the opportunity to consult but also want to understand more fully what
geographic areas the Tribe has an interest in. Please let me know if you would like to receive a consultation
opportunity letter. If we receive no response from the Tribe, we will send a consultation opportunity letter. I'd
be more than happy to arrange a conference call with EPA Water Division staff so we can review these proposed
changes in more depth so you can make an informed decision to consul or not. I have also included a link to
DEQ's website that contains information about these revisions.
https://www.deq.virginia.gOv/Portals/0/DEQ/Water/WaterQualitvStandards/James%20River%20Chl%20A%20St
udv/Rulemaking materials/James R Chlorophyll TSD DEC2018.pdf?ver=2019-06-04-152144-793
Thank you for your consideration on this matter.
Brian Hamilton
Region 3 Consultation SOPs Page | 23 February 2020
Chief Anne
JMSTFl
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Appendix E - Consultation Reporting Procedure and Resources
The Region must report to AIEO twice a year on projected consultations for the next six (6) months.
This must be completed by October 1 and April 1 of each year. The OCTEA Division Director and the
RCA will coordinate the solicitation of consultation opportunities and the facilitation of logging those
opportunities into TCOTS. Below is the process for complying with the semi-annual consultation
opportunity projections.
Soliciting for Consultation Opportunities
The last week of August and February, the Division Director of OCTEA will send the below
message to all R3 Division Directors and Deputies and carbon copy each Division's DC A. The
message will direct DC As to populate the consultation tracker spreadsheet hosted on R3 Tribal
Program SharePoint site by September 15 or March 15.
The RCA will review the tracker spreadsheet and triage which opportunities warrant consultation
and which do not.
Prior to April 1 or October 1, the DC A will upload the projected consultation opportunities to
TCOTS and confirm with the DCA which consultations were uploaded.
If the DCA determines their Division has no consultation opportunities projected, the DCA will
send a message to the RCA confirming that.
If the Region determines there are no consultations projected in the next six months OCTEA
Division Director will send an e-mail message to the DRA confirming no likely consultation
opportunities projected in the next six months.
The DRA then sends an e-mail message confirming no consultations to the AIEO Director.
Draft Message sent to Division Directors and Deputies from OCTEA Director; cc DC As and RCA
Directors and Deputies -
Twice a year, we are required to identify tribal consultation opportunities that we anticipate for the next six (6)
months. Region 3 needs to report to the Office of International and Tribal Affairs -American Indian
Environmental Office consultation opportunities that we anticipate through the end the of the fiscal year.
Please work with your Division Consultation Advisor on determining which actions may trigger tribal
consultation. If you need further explanation on what constitutes a consumable activity do not hesitate to contact
Brian Hamilton, the Region 3 Consultation Advisor or reference the Regional Consultation Policy on the Region
3 Tribal Program SharePoint Site.
Request:
By September 15 (March 15), please have your DCA submit your Divisions consultation opportunities on the
consultation tracker document that is housed on the Region 3 Tribal Program SharePoint Site. If your Division
does not have any consultations to project, please have your DCA send Brian Hamilton a message stating so.
Although we are encouraged to project actions anticipated over the next six (6) months, we may also identify
consultation opportunities at any time. The key is to identify these opportunities early enough to gain meaningful
input from the tribe. If you have any questions, please feel free to contact me.
Thank you -
Samantha Beers
Region 3 Consultation SOPs
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Appendix F - Region 3 Tribal Consultation Preferences
Chickahominy Indian Tribe
Consultation Agent: Dana Adkins
Preferences:
Chickahominy Indians Eastern Division
Consultation Agent: Reme Holmes
Preferences:
Monacan Indian Nation
Consultation Agent: Kaleigh Pollack
Preferences:
Nansemond Indian Nation
Consultation Agent: Keith Anders
Preferences:
Pamunkey Indian Tribe
Consultation Agent: Brenda "Lo" Adkins
Preferences:
Rappahannock Tribe
Consultation Agent: Woodie Walker
Preferences:
Upper Mattaponi Indian Tribe
Consultation Agent: Reggie Tupponce
Preferences:
Region 3 Consultation SOPs Page | 25 February 2020
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Appendix G - Division Consultation Advisors
Division
DCA
Office of Communities, Tribes and
Brian Hamilton (also serves as
Environmental Assessment
RCA)
Air and Radiation Division
Janice Bolden
Land, Chemicals and Redevelopment
Donna Weiss
Division
Laboratory Science and Applied Science
Division
Norman Rodriguez
Mission Support Division
Matt Creedon
Office of Regional Counsel
Daniel Isales
Superfund and Emergency Management
Division
Lisa Denmark
Water Division
Pat Gleason
Chesapeake Bay Program Office
Lucinda Power
Enforcement and Compliance Assurance
Makeba Morris
Division
Region 3 Consultation SOPs
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