United States Solid Waste and
Environmental Emergency Response EPA530-F-96-033
Protection Agency (5305W) June 1996
Office of Solid Waste
4>EPA Environmental
Fact Sheet
Agency Proposes to Authorize
Hazardous Waste Mangement to
Indian Tribes
This proposal is a first step toward achieving Indian
self-determination of federal environmental programs under the
Resource Conservation and Recovery Act (RCRA). It is being proposed
in the spirit of eliminating regulatory barriers and promoting
government-to-government relationships between the Environmental
Protection Agency (EPA) and tribal representatives.
Background
In 1984, the EPA issued a Policy Paper regarding the Agency's approach for the
implementation of federal environmental programs on Indian lands (EPA Indian Policy,
1984). EPA'y policy allowed tribal governments to have primary responsibility for
implementing EPA's environmental programs on lanu.s under their jurisdiction. In 1994, the
policy was reaffirmed by Administrator Browner, who said, "...Just as EPA's deliberations
and activities have traditionally involved the interests and/or participation of state
governments, EPA will look directly to tribal governments to play this lead role for matters
affecting reservation environments."
Action
EPA is proposing a rule to clarify the eligibility of tribal governments to obtain
authorization to implement RCRA, Subtitle C hazardous waste programs. The proposed rule
also provides for tribal eligibility to obtain federal grants to support the development and
implementation of such a program under RCRA Section 3011.
Additionally, the Agency proposes to change specific regulatory provisions that are
appropriate for tribal program approvals and submissions, and which recognize differences in
the structure of tribal governments. Among others, these include: (1) authorization to operate
a partial RCRA hazardous waste program (an option not currently available to states); and (2)
the sharing of authority with EPA to enforce the requirements of a hazardous waste
management program.
U.S. Environmental Protection AŁ2flcy
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For More Information
The Federal Register notice and this fact sheet are available in electronic format on the
Internet System through the EPA Public Access Server. For additional information or to
order paper copies of the Federal Register notice, call the RCRA Hotline. Callers within the
Washington Metropolitan Area must dial 703-412-9810 or TDD 703-412-3323 (hearing
impaired). Long-distance callers may call 1-800-424-9346 or TDD 1-800-553-7672. The
RCRA Hotline is open Monday-Friday, 9:00 a.m. to 6:00 p.m., Eastern Standard Time. Write
to the RCRA Information Center (5305W), US EPA, 401 M Street, SW, Washington, DC
20460.
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