ED STqr~S 

A, '2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OCT 2 5 2010 

Mr. Michael J. Lawrence 

Chairman 

Makah Tribal Council 

P.O. Box 115 

Neah Bay, Washington 98357 

Dear Mr. Lawrence: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of July 19, 2010, to U.S . Environmental Protection Agency 

(EPA) Administrator Lisa P. Jackson, requesting multi-department government-to-government 

consultation regarding the joint EPA and Coast Guard Emergency Temporary Interim Rule 

(Rule) which temporarily suspended certain oil spill response time and notification requirements 

when oil spill response resources are voluntarily relocated to support the Deepwater Horizon oil 

spill response. The Rule is effective until December 31, 2010. 

EPA determined that the Rule does not have tribal implications under Executive Order 

13175 because, as noted above, the Rule does not require the movement of any oil spill response 

resources away from their current locations. Any relocation is voluntary and cannot occur absent 

coordination with the EPA, Coast Guard Captains of the Port, Regional Response Teams, Area 

Committees, and the National Incident Commander. As a member of the Northwest Area 

Committee, the Makah Tribal Council would be part of any decision on whether to relocate oil 

spill response resources from the Committee's area. 

To date, no response resources have been relocated from the Pacific Northwest as a result 

of the Rule and none are expected to be relocated as the spill is now contained. EPA understands 

that the Coast Guard, as lead agency in charge of the Deepwater Horizon oil spill response, does 

not anticipate needing any response resources from the Pacific Northwest. 

The United States is committed to consulting with the Makah Tribe on oil spill response 

matters with tribal implications. As you mentioned in your letter, EPA has shared the Proposed 

EPA Policy on Consultation and Coordination with Indian Tribes which represent's EPA policy 

for implementing Executive Order 13175. EPA would be happy to hear your views on 

improving engagement of tribal governments in addressing oil spills and furthering other 

ongoing marine conservation efforts. We are also interested in the Tribe's efforts described in 

your letter to improve spill response preparedness in the Pacific Northwest. We encourage you 

to continue to work with EPA's Region 10 office in Seattle, Washington and the Northwest Area 

Committee to discuss these matters. 

Internet Address (URL) e http://www.epa .gov 

Recycled/Recyclable 0 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Thank you again for your continuing interest and participation in oil spill response 

planning activities. Should you wish to discuss these matters further, please contact me or 

encourage your staff to contact Dan Opalski in EPA's Region 10 Seattle, Washington office, at 

(206) 553-1855 . 

Ma-thy St~anisl u ~ G 

Assistant Administrator 

cc: Michelle DePass, Assistant Administrator, Office of International and Tribal Affairs 

Dennis McLerran, Regional Administrator, EPA Region 10 

Dan Opalski, Director, EPA Region 10 Office of Environmental Cleanup