~^£/ I""'.1-11 '"
A Guide to EPA Programs
in
Indian Country
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Preface
This handbook was prepared for use by Tribes and their members as a quick reference guide. It
provides only a summary of basic environmental information and is not a definitive statement of
t he specific ways in which a Tribe may assure environment al compliance. It is a quick guide t o t he
environmental programs that typically apply in Indian Country.
The requirements and guidance presented in this handbook are based on those of the Federal
government in place t hrough mid-19 9 8. V\fe expect t hat some of t his inf ormat ion will change in t he
future.
The handbook is organized according t o key program areas and briefly explores each area. Regional
cont act s, definit ions, acronyms, and hot lines are provided as well.
This document is based on a similar handbook prepared by EPA Regions 7 and 9 and the one
originally prepared in 19 9 0 by t he Midwest Assist ance Program under cont ract t o EPA Region 8.
Comments on the handbook should be faxed to Ellen Greeney at 214-665-2118.
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Contact EPA HQ toll free at 1-888-372-8255 Contact Region 6 toll free at 1-800-887-6063
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Table of Contents
Tribal Programs
American Indian Environmental Office 6
Tribal Operations Committee 7
Regional Tribal Operations Committee 7
Regional Native American Office 8
American Indian Advisory Council 9
Tribal Lands Environmental Scholarship Program 10
Regulations for Tribal Applications for Financial Assistance and Program Authority 11
Cross Media Programs
General Assistance Program 15
Environmental Justice for Native Americans 17
Environmental Justice Small Grants Program 19
Environmental Justice through Pollution Prevention 21
Pollution Prevention 23
Environmental Education Grants 25
Quality Assurance and Regional Laboratory 26
Air and Toxics Programs
Clean Air Act 28
Asbestos 31
Indoor Radon 33
Pesticides 35
Refrigerant Recycling and Prohibition on Venting 36
Toxics - PCBs 38
Toxics - Lead (Pb) 39
Toxics Release Inventory Program 40
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Waste Programs
Emergency Response 42
Superf und Program 43
Brownf ields Program 44
Emergency Planning and Community Right-to-Know, SARA Title III 45
RCRA Hazardous Waste 47
Solid Waste Disposal Program 49
Underground Storage Tanks 52
Water Programs
Safe Drinking Water Act - Public Water Systems 54
Safe Drinking Water Act - Underground Injection Control 57
Safe Drinking Water Act - Wellhead Protection 59
Clean Water Act 61
Clean Water Act - §106 Water Quality Management Plan 62
Clean Water Act - Nonpoint Source Pollution Control 63
Clean Water Act - Indian Set-Aside Programs 63
Clean Water Act - Water Quality Standards Program 64
Clean Water Act - National Pollutant Discharge Elimination System 65
Clean Water Act - Sewage Sludge Use and Disposal 66
Clean Water Act - Pretreatment Requirements 67
Clean Water Act - Storm Water 68
Clean Water Act - Water and Wetlands Protection 69
General Information
EPA Region 6 71
National Hotlines 72
Acronyms and Definitions 74
Tribal (Srant Opportunities - Synopsis 76
Environmental Laws, a thumbnail sketch back cover
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TRIBAL PROGRAMS
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AMERICAN INDIAN ENVIRONMENTAL OFFICE
The American Indian Environmental Office (AIEO) was established in October 1994 and is housed
in EPA Headquarters' Office of Water. The AIEO is responsible for coordinating the Agency's tribal
operations and encouraging the ongoing development of a strong Agency-wide program to protect
human and environmental health in Indian Country. This office works with the Tribal Operations
Committee (TOC), Assistant and Regional Administrators, and Headquarters (HQ) and Regional Indian
Coordinators (RICs) to strengthen tribal operations in the daily activities of regional and HQ program
offices.
The AIEO is committed to continued implementation of the Agency's 1984 Indian Policy. It ensures
that EPA maintains the government-to-government relationships with Federally-recognized Tribes,
acts in a manner consistent with its trust responsibility, and effectively performs its duties as a co-
regulator with Tribes. General functions and responsibilities of the AIEO are to:
Ensure that tribal operations remain a priority throughout the Agency, with the appropriate
management and staff support.
Promote Agency-wide participation in the development of tribal environmental programs.
• Coordinate with Regions and HQ program offices to meet the Agency's resource needs for tribal
operations.
• Coordinate with Regions and HQ program offices to develop and support, in a manner consistent
with applicable law and the EPA Indian Policy, regulations, guidance and other policies regarding
tribal operations.
Coordinate the activities and support the participation of the TOC.
• Coordinate the Agency's Indian program and ensure appropriate communication and consistency
throughout the programs and regions.
• Serve as cross-program information clearinghouse and coordinate Agency-wide data collection for
the Indian program.
Additional Information
Kathy (Sorospe serves as the Director of AIEO and she can be reached at:
U.S. EPA
401 M Street, SW
Washington, DC 20460
Phone: 202-260-7939
FAX: 202-260-7509
E-mail: gorospe.katherine@epa.gov
Contact EPA HQ toll free at 1-888-372-8255 7 Contact Region 6 toll free at 1-800-887-6063
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TRIBAL OPERATIONS COMMITTEE
In February 1994, the EPA Administrator convened the first Tribal Operations Committee (TOC) to
facilitate the government-to-government relationship between EPA and Tribes. The purpose of the
TOC is to assist EPA in meeting its trust responsibility through tribal input into EPA decision-making
that affects Indian Country. The TOC serves as a forum in which EPA and the tribal representatives
discuss the operation of programs for which they share responsibi lity as co-regulators. The TOC does
not replace the direct tribal-EPA relationship.
The TOC is composed of EPA senior management and 19 tribal representatives. There are tribal
representatives from each of EPA's Regions except for Region 3, which has no Federally-recognized
Tribes. These tribal representatives, together with EPA senior management at both the HQ and
regional levels, work through the American Indian Environmental Office to address the environmental
and human health issues within Indian Country.
REGIONAL TRIBAL OPERATIONS COMMITTEE
Several of the Regional Offices sponsor Regional Tribal Operations Committees (RTOC). The RTOC
is the regional counterpart to the TOC and is composed of both tribal and EPA representatives to
provide a forum for tribal-EPA communication, coordination and increased support for strengthening
tribal environmental and human health programs. The RTOC will help further the understanding and
development of government-to-government relationships between EPA and all Tribes in a particular
region.
Region 6, with the help of three tribal representatives, developed a draft options paper. The draft
options paper is being circulated through Region 6 Indian Country for comment and review. Once a
comprehensive options paper is complete, tribal leaders will be asked to vote on the options that best
meets their needs. The tribal leaders will then be asked to select the RTOC members based upon
the selection criteria and membership option approved.
Contact EPA HQ toll free at 1-888-372-8255 8 Contact Region 6 toll free at 1-800-887-6063
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REGIONAL NATIVE AMERICAN OFFICE
The Regional Native American Office (RNAO) was created by Regional Administrator Saginaw in late 1996 to
reconfirm her commitment to tribal self-governance, uphold the Federal Trust Responsibilities, and firmly establish
a government-to-government relationship between the Tribes and the EPA Regional Office. This office is responsible
for: (1) providing general technical, financial, and administrative support to the Tribes; (2) coordinating with the
Region'sother offices to ensure technical assistance and training is provided to tribal governments and its employees;
and (3) working with tribal governments to facilitate EPA environmental policy and planning documents for tribal
lands. The office reports to the Director of External Affairs and is managed by the Associate Director for Tribal
Planning.
The Regional Native American Office is committed to an intra and inter-agency tribal advocacy approach to
environmental issues facing tribal lands within Region 6.
Additional Information
Ellen (Sreeney, Associate Director
Paul Whitley, Project Officer
Charlotte Runnels, GAP Coordinator
August Wegener, Tribal Coordinator
Judith Dandrea, Tribal Coordinator
Jay Harris, Tribal Coordinator
Mark Allen, Tribal Specialist
Dale Roy, Tribal Specialist
Arturo Martinez, Student Assistant
214-665-6778
214-665-7454
214-665-6442
214-665-8006
214-665-7362
214-665-2260
214-665-2719
214-665-8065
214-665-8420
greeney.ellen@epa.gov
whitley.paul@epa.gov
runnels.charlotte@epa.gov
wegener.august@epa.gov
dandrea.judith@epa.gov
harris.fincher@epa.gov
allen.mark@epa.gov
roy.dale@epa.gov
martinez.arturo@epa.gov
Contact EPA HQ toll free at 1-888-372-8255
Contact Region 6 toll free at 1-800-887-6063
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AMERICAN INDIAN ADVISORY COUNCIL
EPA's American Indian Advisory Counci I (AIAC) is a Special Emphasis Program Counci I organized under
EPA Headquarters Office of Civil Rights. The central purpose of the AIAC is to serve as an advisory
group to the Administrator of EPA to recommend actions that address the concerns of American
Indians in the EPA workforce. Membership is open to all employees of EPA who share AIAC's beliefs.
Objectives of the AIAC
To assist the EPA in promoting a culturally sensitive work environment and achieving an effective
and equitable representation of American Indians in the workforce through aggressive
recruitment, hiring, development and promotion activities.
• To promote an understanding and awareness of the American Indian culture.
To promote a better understanding of employment related problems of American Indians in order
to remedy specific problems in EPA.
To facilitate effective communication and goodwill between American Indians and other
individuals in EPA, and the community in general.
To promote the career development and advancement of American Indians in EPA by sponsoring
workshops, seminars, and similar educational programs.
To ensure that EPA's programs and activities are open and available to all American Indians.
Additional Information
Call the American Indian Employment Program Manager at 202-260-4569, or contact the Region 6
AIAC Lead, Diana Sturges at 214-665-7318 or sturges.diana@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 10 Contact Region 6 toll free at 1-800-887-6063
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TRIBAL LANDS ENVIRONMENTAL SCHOLARSHIP PROGRAM
EPA created this scholarship program to increase the number of American Indians who are educated
in the environmental sciences and available for work with EPA and with tribal governments to improve
environmental protection in Indian Country.
In colleges and universities nationwide, juniors, seniors and graduate students compete for these
scholarships based on weighted factors as follows:
Grade point average (2.5 minimum) 35
• Knowledge of Indian culture 20
Commitment to environmental protection 15
• Character and leadership ability 10
• Level of study 10
• Work experience 10
Total=100
Each annual scholarship is set at $4,000 per student. EPA tries to retain scholarship awardees in the
program if they maintain their grade point average. Students wishing to apply should do so through
the American Indian Science and Engineering Society (AISES), which has chapters on many college
campuses or
AISES
5661 Airport Blvd
Boulder, CO 80301-2339
E-mail: aiseshq@spot.colorado.edu
Phone: 303-939-0023/FAX: 303-939-8150
AISES works with EPA to select the scholarship winners and make the annual awards because of
AISES's excellent reputation and expertise in assisting students with employment opportunities. Also,
the overhead costs of AISES are below those of universities evaluated to provide similar services.
Funds for the scholarships have been collected annually from offices throughout EPA and are issued
to students the following fiscal year (due to lag time in selecting the scholarship winners).
FY96 $300,000 for 68 scholarships
FY97 $320,000 for 78 scholarships
FY98 $430,000 for 100 scholarships
Additional Information
Contact EPA HQ's Diane Berger at 202-260-4965 or Region 6' s representative Diana Sturges at 214-
665-7318, sturges.diana@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 11 Contact Region 6 toll free at 1-800-887-6063
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AMENDMENT OF REGULATIONS RE6ARDIN6 TRIBAL APPLICATIONS
FOR FINANCIAL ASSISTANCE AND PROGRAM AUTHORITY
The Final Rules "Indian Tribes: Eligibility of Indian Tribes for Financial Assistance" (March 23,1994)
and "Indian Tribes: Eligibility for Program Authorization" (December 14,1994) amended regulations
implementing the statutory provisions that authorize EPA to treat Indian Tribes in substantially the
same manner as it treats States for purposes of various types of financial assistance and program
approvals. The purpose of these regulatory amendments was to make it easier for Tribes to obtain
EPA approval to assume the role Congress envisioned for them under these statutes.
Background
Three Federal environmental statutes address the role of Tribes specifically by authorizing EPA to
treat Tribes in a manner similar to the way it treats States: Clean Water Act (CWA), Safe Drinking
Water Act (SDWA), and the Clean Air Act (CAA). In order to receive such treatment, each statute
specifies that a Tribe must:
1) be Federally recognized;
2) have a governing body that carries out substantial duties and powers;
3) possess civil regulatory jurisdiction to carry out the functions it seeks to exercise; and
4) demonstrate its capability to carry out those functions.
EPA initially chose to implement provisions of the CWA and SDWA regarding Indian Tribes by
establishing a formal pre-qualification process whereby Tribes could seek eligibility under those
statutes. In the past, this pre-qualification process has been referred to as approval for Treatment
as a State (TAS). Tribes that obtained such approval were then eligible to apply for certain grants
and program approvals available to States. The former TAS process has been re-designed because
it was burdensome, time consuming, and offensive to tribal governments. EPA expects that the new
process will reduce the burdens and barriers to Tribes participating in environmental management.
Changes to Existing Process
A. Discontinue to the use of the term "treatment as a State."
The term "treatment as a State" (TAS) can be misleading and may be offensive to tribal governments.
To the extent possible, the final rules amended previous regulations, so as to discontinue use of the
term. However, since the term "treat as a State" is included in several statutes, its continued use
sometimes may be necessary.
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B. Elimination of "TAS" review as a separate step in processing tribal applications for financial
assistance (grants).
No environmental statute compelled the use of a formal TAS or other pre-qualification process
separate from approval of a tribal program or request for a grant. Thus EPA may approve a tribal
program or request for a grant without formally designating a Tribe as "eligible for TAS," as long as
a Tribe meets the applicable statutory requirements.
C. Simplified determination as to "recognition" and "government."
As a general rule, the "recognition" and "government" requirements are essentially the same under the
CWA, SDWA and the CAA. The new process establishes identical requirements for demonstrating
"recognition" and "government" under each statute. A Tribe's ability to meet the recognition and
government functions requirements under the CWA, SDWA, or CAA will establish that it meets those
requirements under the other two. To facilitate review of tribal applications, EPA will request a Tribe
to inform EPA whether a Tribe has been approved for "TAS" (under the old process) or deemed
eligible to receive a grant or program approval (under the revised process) for any other program.
D. Simplified jurisdictional analysis.
A Tribe may have jurisdiction over, and capability to carry out, certain activities (e.g. protection of
the quality of a particular lake for the Clean Lakes Program under the Clean Water Act), but not
others (for example, waste management on a portion of the reservation far removed from any lakes).
Therefore, EPA must make a specific determination regarding adequate jurisdictional authority and
administrative and program capability before it approves each tribal program.
The portion of the jurisdictional determination whereby other governments comment is substantially
changed under the revised process.
1) Comments will no longer be sought from "appropriate governmental entities" with regard to tribal
grant applications.
2) For approvals of all SDWA regulatory programs and most CWA programs under existing regulations,
EPA does not authorize a State to operate a program without determining that the State has
adequate authority to carry out the actions required to run the program. EPA's retention of authority
also applies to a Tribe seeking program approval and ensures that a close analysis of the legal basis
of that Tribe's jurisdiction will occur before program approval. A separate "TAS" jurisdictional
review is not needed to verify that a Tribe meets the statutory jurisdictional requirement, and
therefore, is eliminated for all programs under the SDWA and for CWA §404 and CWA National
Pollutant Discharge Elimination System (NPDES) programs.
Contact EPA HQ toll free at 1-888-372-8255 13 Contact Region 6 toll free at 1-800-887-6063
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3) For the CWA §303 Water Quality Standards program, there is no review of tribal civil regulatory
authority as part of the EPA approval process. Accordingly, a comment process has been retained.
EPA emphasizes that comments must be offered in a timely manner. Where no timely comments are
offered, EPA will conclude that there is no objection to a Tribe's jurisdiction. EPA may seek
additional information from the Tribe or the commenting party, and may consult with other Federal
agencies prior to making a determination about a Tribe's jurisdiction authority. EPA is no longer
required by regulation, to consult with the Department of the Interior.
4) Finally, certain disputes concerning tribal jurisdiction may be relevant to a Tribe's authority to
conduct activities and obtain program approval under several environmental statutes. Determinations
regarding tribal jurisdiction apply only to activities within the scope of EPA programs. Once EPA
makes a jurisdictional determination in response to a Tribe's application regarding any EPA program,
EPA will ordinarily make the same determination for other programs that the Tribe requests unless
a later application raises different legal issues. However, one determination that a Tribe has inherent
jurisdiction to regulate activities in one medium (for example, related to ground water) might not
conclusively establish its inherent jurisdiction over activities in another medium (for example, air
quality permits).
E. More flexible requirements to establish capability.
EPA will continue to make a separate determination of tribal capability for each program approval
application by a Tribe. However, the SDWA, CWA §303 Water Quality Standards, CWA §404, and
the CWA NPDES regulations have been amended to conform to the CWA grant regulations, which do
not specifically prescribe the material a Tribe must submit to establish capability. EPA may request
that a Tribe provide a narrative statement or other documents showing that the Tribe is capable of
administering the program for which it is seeking approval. EPA recognizes that certain Tribes may
not have substantial experience administering environmental programs; a lack of such experience does
not preclude a Tribe from demonstrating capability, so long as it shows that it has the necessary
management and technical and related skills or submits a plan describing how it will acquire those
skills.
Ordinarily the inquiry EPA makes into the capability of any applicant, Tribe or State, for a grant or
program approval is sufficient to enable EPA to determine whether a Tribe meets the statutory
capability requirement.
Additional Information
Contact Ben Harrison at 214-665-2139 (harrison.ben@epa.gov) or the specific program contact.
Contact EPA HQ toll free at 1-888-372-8255 14 Contact Region 6 toll free at 1-800-887-6063
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Cross Media
Programs
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GENERAL ASSISTANCE PROGRAM
Background
The EPA Indian Environmental General Assistance Program (commonly called GAP) is administered
by the American Indian Environmental Office, Office of Water and delegated to the Regional Offices
under the Indian Environmental General Assistance Program Act of 1992, Public Law 102-497, § 11,
42 U.S.C. 4368b, as amended, (Public Law 103-155, 11-24-93).
Objectives
This program financially assures Federally-recognized Tribes and intertribal consortia the capacity
to administer environmental regulatory programs in Indian Country, and provide technical assistance
from EPA in the development of multimedia programs to address environmental issues in Indian
Country.
Eligible Activities and Recipients
GAP offers Tribes the opportunity to develop an integrated environmental program, develop the
capability to manage specific programs and establish a core program for environmental protection.
The financial assistance agreements provide the opportunity to define and develop administrative and
legal infrastructures, and conduct assessments, monitoring, and planning. Also, Tribes may plan,
develop and establish capability to implement programs for environmental protection and solid and
hazardous waste.
Eligible recipients include Tribes and intertribal consortia. An Indian Tribe is any Tribe, band, nation
or other organized group or community, including any Alaska Native Village or regional or village
corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act, 43
U.S.C. 1601 et seq.), which is recognized by the U.S. Department of the Interior as eligible for the
special services provided by the United States to Indians because of their status as Indians. A
consortium is a partnership between two or more Indian tribal governments authorized by the
governing bodies of those Tribes to apply for and receive assistance under this program.
Program Highlights
• The Indian Environmental General Assistance Program replaces the Multimedia Assistance
Program which was offered by the Agency during Fiscal Years 1991 through 1993.
The initial grants will be for a minimum of $75,000. Amendments to grants may be made in
amounts as are appropriate.
Contact EPA HQ toll free at 1-888-372-8255 16 Contact Region 6 toll free at 1-800-887-6063
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The Agency's standard grant application, reporting and audit procedures apply to GAP.
Capacity-building activities are eligible for funding but not construction or site-specific actions.
General assistance funding does not preclude a Tribe from also receiving program or project-
specific assistance.
$OOOs
National GAP Funding
40000
30000
20000
10000
FY95 FY96 FY 97 FY 98
For additional information,
contact the Regional Native
American Office toll-free at
1-800-887-6063.
$OOOs
6000
5000
4000
3000
2000
1000
0
Funding History
The Agency's overall funding for GAP has
grown steadily-from almost $8 million in FY
95 to almost $38 million in FY 98. Region
6's portion has grown as well. Fifty-three
Tribes and consortia received over $5
million in FY 98.
R6 GAP Funding
FY95 FY96 FY 97 FY 98
Contact EPA HQ toll free at 1-888-372-8255
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Contact Region 6 toll free at 1-800-887-6063
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ENVIRONMENTAL JUSTICE FOR NATIVE AMERICANS
EPA works with Tribes, indigenous constituents, the Tribal Operations Committee and the National
Environmental Justice Advisory Council (NEJAC) to integrate the Native American provisions of the
Order on environmental justice into EPA's regulations, policies, programs and activities.
Environmental justice is the fair treatment of people of all races, cultures and incomes with respect
to the development, implementation and enforcement of environmental laws, regulations, programs,
and policies. Fair treatment means that no racial, ethnic or socioeconomic group should bear a
disproportionate share of the negative environmental consequences resulting from the operation of
industrial, municipal, and commercial enterprises and from the execution of Federal, State, local, and
tribal programs and policies.
Importance of Native American Programs
Environmental concerns differ throughout Indian Country, ranging from access to safe drinking water
to remediation of hazardous waste. Furthermore, tribal environmental priorities are affected by the
Tribe's traditional cultural and religious relationship to the ecosystem in which they live, including
subsistence on fish, game, and wild vegetation. For these reasons, Native Americans are often
exposed to different types, degrees, and causes of environmental risks.
Tribal environmental justice advocates have raised a range of environmental concerns. These include
comprehensive tribal environmental program development, environmental effects on urban Native
Americans and Native Hawaiians and the participation of Native American grassroots advocates in
environmental protection. However, whi le environmental justice has brought renewed attention to the
environmental concerns of Native Americans, it is not meant to replace the more than 200 years of
Federal Indian law and policies.
The Federal-tribal relationship, as defined in the United States Constitution, treaties, statutes, and
Federal court decisions, sets forth a framework of rights and responsibilities to be carried out by
the Federal government and the Tribes. Therefore, while environmental justice includes issues
regarding Native American grassroots participation and disproportionate effects on indigenous
communities, it is not intended to supersede tribal sovereignty, treaty rights, the Federal trust
responsibility or the government-to-government relationship. Rather it should support these tenets
of Federal Indian law by encouraging the development of Federal-tribal environmental programs
comparable in protection to Federal-State environmental programs.
Contact EPA HQ toll free at 1-888-372-8255 18 Contact Region 6 toll free at 1-800-887-6063
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Objectives for the Native American Program
Tribal Environmental Programs. EPA will work with other Federal agencies and Tribes to develop
comprehensive tribal environmental programs which address disproportionately high and adverse
human health or environmental effects in Indian Country.
Native American Participation. EPA will ensure the participation of interested or affected tribal
members, organizations or the Native American and indigenous constituents in EPA decisions and
activities that may affect the public health or environment of their community.
Interagency Coordination. EPA will take the lead to ensure coordination and cooperation between EPA
and other Federal agencies to address cross-cutting tribal environmental issues.
Indigenous People Subcommittee
The Indigenous People Subcommittee to the NEJAC has seven members (from Region 6, 8, and 9)
representing academic, Tribes, and industry. Member Tribes for Region 6 are the Sac and Fox and
the Cherokee Nations. The subcommittee's mission is to provide independent advice to the NEJAC
and EPA to promote cooperative and supportive relationships aimed at ensuring environmental justice
in activities affecting indigenous peoples and improving coordination and communication among various
agencies. The subcommittee meets twice a year along with the full NEJAC Executive Council.
Members are appointed by the EPA Administrator for terms ranging from one to three years.
Additional Information
Contact Shirley Augurson at 214-665-7401 or augurson.shirley@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 19 Contact Region 6 toll free at 1-800-887-6063
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ENVIRONMENTAL JUSTICE SMALL GRANTS PROGRAM
This grants program provides financial assistance to affected tribal groups and governments. Eligible
groups include community-based organizations, churches, schools, education agencies, colleges and
universities, and other non-profit organizations. Eligible tribal governments are those working on, or
planning to carry out, projects projects to address environmental justice issues.
Important Pre-Application Information
Pre-applications serve as the sole basis for evaluation and recommendation for funding. The pre-
application notice contains all information and forms necessary to submit a pre-application. EPA will
award grants based on the merits of the pre-application.
Eligible Activities
To be selected for an award, the project must include one or more of the following objectives:
1. Identify the necessary improvements in communication and coordination among existing community-
based/grassroots organizations, and local, State, tribal, and Federal environmental programs, and all
other stakeholders. Facilitate communication, information exchange, and partnerships among the
Tribes to address environmental injustices (for example, workshops, awareness conferences,
establishment of community stakeholder committees, and newsletters).
2. Motivate the general public to be more conscious of local environmental justice issues and
encourage the community to take action to address these issues (for example, reforestation efforts,
monitoring of socioeconomic changes due to environmental abuse and stream monitoring).
3. Develop and demonstrate an environmental justice practice, method or technique which has wide
application and addresses a high priority environmental justice issue.
4. Teach about risk reduction and pollution prevention, and seek technical experts to demonstrate
how to access, analyze, and interpret public environmental data (for example, Geographic Information
Systems (SIS), Toxic Release Inventories (TRI), and other databases).
Priority will be given to Tribes whose projects will help improve the environmental quality of affected
communities by (a) developing an environmental justice project, activity, method, or technique which
has wide application, (b) enhancing the community's skills in addressing environmental justice issues
and problems, and (c) establishing or expanding environmental and public health information systems
for local communities.
Contact EPA HQ toll free at 1-888-372-8255 20 Contact Region 6 toll free at 1-800-887-6063
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Environmental justice projects or activities should enhance critical thinking, problem solving, and the
active participation of affected communities in decision-making processes. Environmental justice
efforts may include, but are not necessarily limited to, enhancing the observing, measuring,
classifying, experimenting, and other data gathering techniques. These techniques should assist
individuals in discussing, inferring, predicting, and interpreting information about environmental
justice concerns. Environmental justice projects should engage and motivate individuals to weigh
various issues to make informed and responsible decisions as they work to address environmental
injustices.
The items discussed above are relative and can be defined differently among the applicants from
various geographic regions. Each pre-application should define these items and terms as they relate
to the specific project. Applicants should include a succinct explanation of how the project can serve
as a model in other settings and how it addresses a high-priority environmental justice issue. The
degree to which a project addresses such an issue must be defined by applicants according to their
local environmental justice concerns.
How Much Money May Be Requested?
In this program, the ceiling for any one grant is $20,000 in Federal funds. Depending on the funds
appropriated by Congress, EPA's nine Regional Offices that have Federally-recognized Tribes wi II each
have approximately $200,000 to award. EPA anticipates that applicants will not be required to
provide matching funds.
In FY 97,16 of the 149 environmental justice grants were awarded to Tribes, including two in Region
6 (the Caddo and the Pawnee Tribes). EPA is committed to increasing the tribal participation in the
Environmental Justice Small Grants program.
Additional Information
Contact the HQ EJ office at 1-800-962-6215 or Shirley Augurson at 214-665-7401 or
augurson.shirley@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 21 Contact Region 6 toll free at 1-800-887-6063
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ENVIRONMENTAL JUSTICE THROUGH POLLUTION PREVENTION
This grant program provides financial assistance to tribal governments for pollution prevention
projects that address environmental justice. It is designed to fund projects which have a direct
impact on affected communities.
EPA has made significant progress over the last 25 years in improving the quality of the environment
through implementation of pollution control programs. However, there is growing recognition that
these traditional approaches have not adequately tackled existing environmental problems and do not
provide solutions for the prevention of future environmental problems. To address this concern,
Congress enacted the Pollution Prevention Act in November 1990, which declared a national policy to
prevent or reduce pollution at the source, whenever possible. EPA believes that the problems of
environmental injustice are most effectively addressed by avoiding the generation of pollution
altogether. The EJP2 grants are meant to support this preventative approach to environmental
management.
EPA is particularly interested in innovative approaches that can be applied to other communities. The
Agency strongly encourages cooperative efforts between communities, business, industry, and
governments to address common pollution prevention goals. Projects funded under this grant program
may involve public education, training, demonstrations, research, investigations, experiments, surveys,
studies, public-private partnership, or approaches to develop, evaluate, and demonstrate non-
regulatory strategies and technologies.
What is Pollution Prevention?
EPA has defined pollution prevention as source reduction which is any practice that reduces or
eliminates any pollutant prior to recycling, treatment, or disposal. EPA further defines pollution
prevention as the use of other practices that reduce or eliminate the creation of pollutants through
increased efficiency in the use of raw materials, energy, water, or other resources, or protection of
natural resources by conservation. To better understand pollution prevention, EPA has established
a hierarchy of environmental management practices. In order of preference, these practices include:
#Pollution Prevention
#Recycling
#Treatment
#Disposal
How is Pollution Prevention Different From Other EPA Programs?
EPA programs have traditionally focused on treatment, disposal, and remediation. Although these
types of activities are important parts of an overall environmental management program, they are not
as effective as pollution prevention activities because they are concerned with the handling and
management of waste and pollutants after they have been generated. EPA has other program funds
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available for recycling, treatment and disposal initiatives including funds to support lead abatement
projects and to clean up hazardous waste sites.
Eligible Applicants
Eligible applicants include any Federally-recognized tribal government or tribal consortium. EPA will
consider only one proposal for a given project. Applicants may submit more than one application as
long as the applications are for separate and distinct projects. However, no organization will receive
more than one grant per Region per year under the EJP2 grant program.
Additional Information
Contact Joy Campbell at 214-665-8036 or campbell.joy@epa.gov.
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POLLUTION PREVENTION
The Pollution Prevention Act of 1990 establishes pollution prevention as national policy—EPA's
preferred approach for protecting human health and the environment. The primary goal of pollution
prevention is preventing or reducing the generation of wastes and pollutants at the source. Potential
pollutants or wastes that cannot be prevented should be recycled whenever possible. Those that
cannot be prevented or recycled should be treated in an environmentally-safe manner. Disposal or
other release into the environment should be used only as a last resort and should be conducted in
an environmentally-safe manner. Instead of using traditional pollution treatment and control methods
to stop existing pollutants from reaching the environment, pollution prevention aims to anticipate and
avoid the generation of pollutants in the first place.
Actions For Tribes
Rulings by courts, pronouncements by EPA, or wishing alone cannot clean up the environment or keep
it from becoming more polluted. What we need is a unified effort. Tribal leaders can develop policies
that encourage environmental awareness and provide mechanisms to help build and maintain the ethic
of preventing pollution.
Here are suggestions on how tribal leaders and others can fight pollution and preserve environmental
quality, human health and natural resources:
• Set pollution prevention as a major goal and integrate the concept into governmental activities.
Publicly recognize pollution prevention as a priority. Practice what you preach—set an example.
• Educate the community about pollution prevention. Create an awareness of the profitability and
benefits of pollution prevention through greater efficiency and stewardship of natural resources.
• Develop programs that provide environmental alternatives.
• Use less energy. Set back thermostats, insulate, buy energy-efficient lighting and appliances and
make creative use of daylight.
Use less water. Be conservative. Use ultra-low flush toilets, install water meters, repair leaks,
review maintenance schedules and use water-conserving landscaping.
• Buy energy efficient automobiles and other fleet vehicles and keep them tuned. Car pool, bike,
walk or use mass transit when possible.
Encourage sustainable agriculture. Take advantage of natural methods of protection. Apply
pesticides, such as insecticides and herbicides, carefully if they must be used.
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Reduce toxic use; encourage product substitution and environmentally sound operation
modifications.
• Buy recycled or recyclable products. Seek out reusable, recyclable or returnable packages.
• Plant trees, shrubs and indoor plants. They replenish the earth's oxygen supply and clean the air
by removing pollution.
Practice preventative maintenance with equipment, including air conditioners, pumps, and power
generators. Well maintained equipment produces fewer emissions and uses less energy.
• Conduct P2 assessments at any tribal operations that produces sizable pollutant emissions—air,
water, solid or hazardous waste. These operations might have unsuspected potential for reducing
waste (and cutting costs).
Additional Information
Contact Eli Martinez at 214-665-6568 or martinez.eli@epa.gov.
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ENVIRONMENTAL EDUCATION GRANTS
The Environmental Education grant program was authorized by the National Environmental Education
Act of 1990. Activities eligible for funding under this program include projects that design,
demonstrate or disseminate practices related to environmental education. Funds may not be used for
construction activities, technical training of environmental professionals, non-educational research
and development, or environmental information projects.
Tribal, State, and local educational or environmental agencies, colleges, universities, non-profit
organizations, and non-commercial educational broadcasting entities are eligible for this grant.
Partnerships are encouraged. Individuals are not eligible to apply. Proposals for up to $25,000 are
addressed to the Regional Office. Proposals for above $25,000 to the statutory limit of $250,000
should be sent to EPA Headquarters in Washington D.C.
This program has attracted considerably more applications than available funding could award.
Because there is a direct proportion between the amount of funding requested and the degree of
competition, Congress designated that half of each region's allocation be reserved for grants of
$5,000 or less to encourage a community-based small grants approach.
Examples of Funded Activities
Teacher training and curriculum activity kits for fourth grade teachers. The model currently
in use in the schools offers a cross-cultural environmental curriculum and presents Native
American traditions in a scientific context.
Tribal Environmental Education Program aimed at all community members with a particular
emphasis for high school youth. Community activities include recycling workshops, clean-up
days, poster contests, and Earth Day Fair. An environmental education summer camp and
habitat study will be conducted for tribal youth.
"Reservation Environmental Science Education Training." Staff development training in the
environmental science curriculum that allows Native American students to get involved in
hands-on projects that address dai ly environmental problems of waste management and water
pollution in Indian Country.
Additional Information
Contact Jo Taylor at 214-665-2204 or taylor.jo@epa.gov.
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QUALITY ASSURANCE
The Quality Assurance Team (QAT) implements Region 6' s mandatory quality assurance (QA) program.
It develops regional QA guidance and procedures and assists in preparation of Quality Management
Plans (QMP), QA Project Plans (QAPP), and technical options and requirements for sampling and
analysis. The Team reviews and approves QAAPs, alternate test procedures, and assists EPA Project
officers with review of QAPPs. The QAT provides input on technical documents such as final reports,
data validation training and guidance to tribal environmental staff on how to write QMPs and QAPPs,
and assists with establishing a quality system for any data generation activities.
The Team conducts Management System Reviews and Technical Systems Audits to assure the data
are usable. QAT personnel are also available to help assess and establish QA programs relevant to
all environmental areas such as air, water, solid waste, pesticides, and cross-media programs. The
QAT also provides national and regional guidance documents.
Additional Information
Contact Charles Ritchey at 214-665-8344 (ritchey.charles@epa.gov) regarding quality assurance
documents. Contact Don Johnson at 214-665-8343 (johnson.donald@epa.gov).
RESIGN 6 LABORATORY
Region 6's Houston Laboratory provides analytical services in support of wastewater sampling
inspections, drinking water sampling inspections, Resource Conservation and Recovery Act (RCRA)
sampling inspections, hazardous waste site investigations, Superfund investigations, ambient water
quality monitoring programs, toxicity testing, and other regional activities. The Lab is responsible for
Drinking Water Certification and evaluation of laboratories conducting National Pollutant Discharge
Elimination System (NPDES) analyses. The Lab operates the Field Analytical Support Program (FASP)
mobile laboratory, provides field audits, and provides training in sampling.
Additional Information
Contact Doug Lipka at 713-983-2200 or lipka.douglas@epa.gov.
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AIR & TOXICS
PROGRAM
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CLEAN AIR ACT
With the goal of preventing or controlling discharges of air pollutants into the atmosphere, Congress
passed the original Clean Air Act (CAA) in 1980. Under the law, standards must be set to "protect
public health with an adequate margin of safety" and be based only upon implementation phase. The
EPA recently completed the scientific review for five of the six pollutants and set new, updated
standards for two of these—ozone and particulate matter.
Amendments to the Act of 1990 required EPA to issue regulations making Tribes full partners in the
air quality planning and management process. In 1998, EPA issued a rule to provide Tribes with the
authority to implement and administer CAA programs in essentially the same manner as States.
Program Development
The EPA has consistently stated its determination to protect the environment of Indian Country as
vigorously and as effectively as the Agency protects the environment elsewhere. As with air quality
programs that serve the entire United States outside of Indian Country, the Agency is committed to
finish the task by establishing comparably effective tribal air programs.
The effort to establish the existing air quality programs was an evolving developmental process
carried out in partnership with the States. Many States originally lacked institutions and experienced
personnel dedicated to air quality management. However, through close cooperation and steady
growth, the process of program development successfully evolved into the present level of national
statewide coverage and effectiveness. Similarly, the process of establishing air quality programs for
Indian Country can be expected to take several years to complete.
The EPA and tribal governments are developing plans to manage a phase-in process into fully
comparable program coverage. Under these plans, EPA will begin with "environmental data collection"
in the first phase to be accomplished for every Tribe within five years. This project will investigate
priority health and environmental needs and provide the institutional base which each reservation
program can evolve, according to need and tribal priorities.
In the ensuing phase, EPA will assist Tribes in their assessment of air quality management needs,
definitions of priorities, and establishment of air quality programs that respond to the identified
needs and priorities. At the end of the second phase, proposed to be completed within 12 years, every
Tribe will be protected by an effective air quality management program containing all of the
necessary elements. As with States, where tribal governments do not develop EPA approved
programs, EPA will develop and implement such programs for Tribes.
In the Agency's experience working with State governments, each State began with different levels
of expertise, varying degrees and types of environmental problems, and different social, economic,
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and political priorities. As a result, each State program developed at a different rate. The Agency
expects to encounter the same variations between tribal programs. Thus, the rate program coverage
will place a special emphasis on flexibility to accommodate long-term tribal needs while beginning
immediately to establish programs that ensure basic protection of human health and public welfare.
"Core/Mining Program" Elements
Tribal Implementation Program
When there is no air quality program in place on the reservation, whether it is because the Tribe
cannot or does not implement Tribal Implementation Plan (TIP) modules and other CAA provisions, or
the Tribe lacks capability, interest, or resources to implement programs, it is the responsibility of
EPA to ensure that critical minimum elements are in place. The "core elements" are the elements of
a provision that are necessary in order to abide by the CAA regulations, preserve the health and
welfare of the reservation and community, and guarantee further development of TIP and CAA
provisions.
The EPA is liable to implement appropriate TIP provisions for tribal jurisdictional areas in non-
attainment for the National Ambient Air Quality Standards (NAAQS). The Agency will proceed with
a Federal Implementation Plan (FIP) just as it would if a State were in non-attainment and a State
Implementation Plan was not developed and approved. The Agency would be responsible for
identifying emission sources and control strategies to be incorporated into the Plan. The
implementation and enforcement of strategies would also be under the final responsibility of the
Agency. Tribes would be encouraged to play an active role in the plan's development and would work
closely with EPA in all areas of the Plan's implementation in order to expedite the phase-in of tribal
administrative authority.
Monitoring
The quality of reservation air sheds may also be threatened by neighboring non-attainment areas. If
the Agency designates areas or parts of a reservation as non-attainment, air quality sampling
equipment will be placed and maintained at appropriate sites. Emissions inventories would also be
developed for the threatened airshed and inspections conducted.
Permitting
Any major source of air toxic being constructed on the reservation must obtain an operating permit
from EPA and apply Maximum Achievable Control Technology. A major source is one that emits
pollutants subject to emission standards under the National Emissions Standards for Hazardous Air
Pollutants (NESHAP). Existing sources must meet compliance dates developed by EPA for the emission
standard development under NESHAP.
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Any affected source (as provided in Title IV), major source, and any other source, including an area
source, subject to standards or regulations under §111 and 112, or any source required to have a
permit under parts C or D of Title I, must apply for an operating permit from EPA until that permit
is replaced by one from an approved tribal permit program. These sources must also follow conditions
of the permit described in Title V.
For Tribes who do not come in with an approved program, EPA may waive sanctions and grant the Tribe
an interim approval. After two years without a permit program, the Administrator must promulgate,
administer, and enforce a program under this title for that Tribe.
Availability of Federal Financial Assistance
Two important sources of financial assistance for tribal air quality planning and management activities
are:
# Indian Environmental General Assistance Program (SAP) (discussed on page 15)
# Funds awarded under §103 and 105 of the Clean Air Act
! §103 grants for assessment, investigation, and demonstration and studies.
! §105 grants for administration of CAA programs (except Title V activities).
Additional Information
"The Plain English Guide to the Clean Air Act" April 1993, EPA400-K-93-001.
Contact Richard M. (Dick) Thomas at 214-665-8528 or thomas.richardm@epa.gov.
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ASBESTOS
Schools--Public and Private Nonprofit
On October 22, 1986, President Reagan signed the Asbestos Hazard Emergency Response Act
(AHERA) into law. The Act required EPA to develop regulations creating a comprehensive framework
for addressing asbestos hazards in schools. The Act required EPA to construct a model accreditation
program for individuals who conduct inspections for asbestos, develop management plans, and design
and perform abatement work. Asbestos is also regulated under the authority of the National
Emissions Standards for Hazardous Air Pollutants in the Clean Air Act.
Other provisions of AHERA require all tribal, public and private elementary and secondary schools to
conduct inspections for asbestos-containing building materials, develop management plans and
implement response actions in a timely fashion.
Local education agencies (LEAs) were required to begin implementation of their management plans by
July 9,1989. LEAs are required to update and maintain management plans to reflect activities with
ongoing operations and maintenance, periodic survei Nance inspection, reinspection and response action
activities.
Public and Commercial Buildings
In 1990, Congress enacted the Asbestos School Hazard Abatement Reauthorization Act (ASHARA)
which amended AHERA to extend some of the training and accreditation requirements to persons
performing such work in public and commercial buildings.
ASHARA requires accreditation for any person who inspects for asbestos-containing material (ACM)
in a public and commercial building, or who designs or conducts a response action with respect to
friable ACM in such a building. In addition, ASHARA mandates that EPA to increase the minimum of
hours of training, including hands-on training, required for asbestos abatement workers in both
schools and public and commercial buildings. It also provides for a civil penalty for contractors who
fail to comply with Toxic Substances Control Act (TSCA) accreditation requirements by inspecting,
designing, or conducting a response action in a school or public and commercial building without TSCA
accreditation or by employing individuals to conduct response actions in such a building and failing to
require or provide TSCA accreditation for the employees.
All Buildings
In 1971, the Administrator of the EPA determined that asbestos presents a significant risk to human
health and is therefore a hazardous air pollutant. The National Emission Standards Hazardous Air
Pollutants (NESHAP) for asbestos, promulgated under §112 of the Clean Air Act, specifies emission
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control requirements for the milling, manufacturing and fabricating of asbestos; for demolition and
renovation activities; and for the handling and disposal of asbestos-containing waste materials.
The NESHAP requires that each owner or operator of a demolition or renovation activity thoroughly
inspect the affected facility or part of the facility for the presence of asbestos before
commencement of the demolition or renovation. Regulated asbestos must be properly removed prior
to the demolition of a structure.
Under the NESHAP, all demolitions require notification to the appropriate regulatory agency, including
f aci lities containing no asbestos. Work practice procedures, waste disposal requirements, and record
keeping provisions apply to those demolition operations for certain amounts of regulated asbestos-
containing material.
Please consult with the EPA Regional Office for specific guidance if a demolition or renovation is to
occur in your area.
Additional Information
Call the Region 6 Asbestos Program at 214-665-7545 or the NESHAP Program 214-665-7296.
40 CFR 61 NESHAP; Asbestos NESHAP Revision; Final Rule.
"The Asbestos Informer."
"Asbestos/NESHAP Adequately Wet Guidance."
"Asbestos/NESHAP Regulated Asbestos-Containing Materials Guidance."
"Reporting and Recordkeeping Requirement for Waste Disposal."
"Common Questions on the NESHAP."
"A Guide to the Asbestos/NESHAP" as revised November 1990.
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INDOOR RADON
Radon is a naturally occurring radioactive gas that comes from the natural breakdown (radioactive
decay) of uranium in soil, rock and water. Radon moves up through the ground to the air above and
into homes and other buildings through cracks or holes in the foundation and other entry points. The
home acts to trap radon gas, especially when the home is closed, increasing indoor radon levels. Most
soils contain varying amounts of uranium; therefore, elevated radon levels have been found in homes,
schools and buildings throughout the U.S.
Exposure to high radon levels is dangerous. The health hazard from radon arises from inhaling its
radioactive decay products. The Surgeon General has warned that radon is the second leading cause
of lung cancer in the U.S. today, and is estimated to cause about 14,000 deaths per year. For persons
who smoke, the health risk of inhaling radon is especially high.
EPA has established procedures for testing homes, schools and buildings. These testing procedures
are described in various radon documents that are available from EPA. Nearly one out of every 15
homes in the U.S. is estimated to have radon levels that exceed the action level.
In 1988 Congress enacted the Indoor Radon Abatement Act (IRAA) with the goal of reducing indoor
radon levels to radon levels found in outside air. Among other provisions, IRAA provided funds for
tribal governments to establish radon programs and to assist tribal governments, and to encourage
tribal members to test for radon and mitigate elevated radon levels. IRAA also requires EPA and IMS
to develop a national description of radon levels in homes and schools throughout the country. Several
Tribes in conjunction with EPA and IMS, have conducted radon residential surveys to characterize
radon distributions.
IRAA also required EPA to develop a program to evaluate radon mitigation contractors and radon
measurement labs. In response, EPA established four regional radon training centers to train radon
professionals. EPA also developed a national proficiency exam to test the knowledge of radon
contractors. Contractors who pass the exam are listed on the Radon Contractor Proficiency (RCP) list.
EPA also established the Radon Measurement Proficiency (RMP) Program. This program tests and
evaluates the accuracy of firms that supply radon test devices. Those that pass the program are
included on the RMP list.
It is very likely that there are homes, day care centers, schools and commercial buildings that have
elevated indoor air concentrations of radon. Testing is the only way to know.
Currently, most radon-related policies are non-regulatory. EPA, IMS and tribal governments have
focused their energies toward educating the tribal members about the health risk of radon and
encouraging voluntary testing of homes and buildings. However, some Tribes, IMS and HUD, have
developed radon regulations, including certification of radon professionals and mandatory testing of
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all schools. Additionally, model building codes for new construction have been developed that may be
incorporated into the building codes of local jurisdictions. Finally, Congressional attention has been
directed toward required radon disclosure during real estate transactions that involve Federal
agencies, such as FHA or HUD.
Tribal governments can act to protect their residents from radon in several ways: first, by developing
radon education and outreach programs; second, by adopting radon-resistant building codes for new
construction, such as the model codes; third, by encouraging voluntary testing in communities; and
fourth, by ensuring working in conjunction with EPA and community organizations, such as the
American Lung Association, to elevate tribal attention to this important health risk.
Additional Information
Contact the National Hotline at 800-767-7236, Mike Miller at 214-665-7550 or
miller.michael@epa.gov.
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PESTICIDES
Few chemicals have had as much impact or been the subject of as much controversy in recent decades
as pesticides. EPA has the authority to regulate pesticides under the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA). Under FIFRA, EPA has the authority and responsibility for regulating
pesticide registration, production, sale, distribution, and use. No pesticide may legally be sold or used
in the United States unless it has been registered by EPA and bears an EPA registration number. EPA
also has the authority to suspend or cancel registration of a pesticide. All pesticides must have a
label. The label includes instructions for use, human and environmental precautions to be taken, and
storage and disposal of containers. The label, together with any literature to which it refers, has the
force of law.
In addition to enforcement for the production, sale, distribution and use of pesticides, issues
currently being dealt with in the pesticide program include agriculture workers' and pesticide
handlers' safety, applicator certification and training, pesticides in ground water and endangered
species. EPA is also targeting funds to promote innovative projects that reduce the risk posed by
pesticide use, including Integrated Pest Management projects.
With regard to agricultural workers' and pesticide handlers' safety, EPA published Worker Protection
Standards on August 13, 1992. These standards, which were in response to a significant number of
pesticide poisonings occurring every year, strengthened earlier protection provisions, reduced risks
of exposure and extended additional coverage to handlers and field workers.
Currently there are about 100 active ingredients Federally registered which are classified as
restricted use. Pesticides containing these active ingredients can only be applied by, or under the
direct supervision of, a certified applicator. Applicants are certified by States and Tribes under
plans approved by EPA.
Efforts are under way to strengthen tribal enforcement and pesticide applicator training programs,
particularly with respect to ground water protection, worker protection and endangered species
protection. EPA prepared a Pesticides in Ground Water Strategy in 1991 to address risks of ground
water contamination by pesticide chemicals. EPA is required under the Endangered Species Act to
protect listed species and their habitat from the effects of pesticides. EPA may enter into
cooperative agreements with Tribes to cooperate in the enforcement of FIFRA and to assist Tribes
in developing and administering plans to train and certify pesticide applicators.
Additional Information
Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), 40 CFR, Parts 150 to 189.
Pesticides in Ground Water Strategy, U.S. EPA, 54 Federal Register 27984, July 3, 1989.
Contact Dianne Sales at 214-665-7556, sales.dianne@epa.gov.
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REFRIGERANT RECYCLING AND THE PROHIBITION OF VENTING
Under §608 of the Clean Air Act, EPA published final regulations in May 1993 that:
# Require service practices to maximize recycling of ozone-depleting compounds (chloro-
f luorocarbons or CFCs and hydrochlorof luorocarbons or HCFCs) during the servicing and disposal
of air conditioning and refrigeration equipment.
# Set certification requirements for technicians and reclaimers and for recovery and recycling
equipment.
# Establish safe disposal requirements to ensure removal of refrigerants from goods that enter the
waste stream with the charge intact (for example, motor vehicle and room air conditioners and
home refrigerators).
Effective July 1,1992, §608 of the Act prohibited individuals from knowingly venting ozone-depleting
compounds used as refrigerants into the atmosphere. Only three types of releases are permitted
under the prohibition:
# Minute quantities of refrigerant released in the course of making good faith efforts to recapture
and recycle or safely dispose of refrigerant.
# Refrigerant emitted in the course of normal operation of air conditioning and refrigeration
equipment, such as from leaks and mechanical purg ing (although there are leak repair requirements
in many circumstances).
# Mixture of nitrogen and R-22 that are used as holding charges or as leak test gases, because in
these cases, the ozone-depleting compound is not used as a refrigerant.
Use of Approved Equipment
Technicians repairing or servicing motor vehicle air conditioners must use either refrigerant
recover/recycle or recover-only equipment approved by EPA. Most certified equipment will be labeled
as "design-certified to SAE standards." A list of both types of approved equipment is available from
EPA by phoning 1-800-296-1996.
Technician Training and Certification
Technicians who repair or service motor vehicle air conditioners must be trained and certified by an
EPA-approved organization. Training programs must cover the use of recycling equipment in
compliance with the Society of Automotive Engineers (SAE) Standard J-1989, the regulatory
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requirements, the importance of refrigerant containment, and the effects of ozone depletion. A list
of approved testing programs is available from EPA.
Safe Disposal Requirements
Equipment that is typically dismantled on site before disposal (e.g. retail food refrigeration) must
have the refrigerant removed and recovered in accordance with EPA's requirements for servicing.
However, equipment that typically enters the waste stream with the charge intact (e.g. motor and
room air conditioners) is subject to special safe disposal requirements. Under these requirements,
the final person in the disposal chain is responsible for ensuring that refrigerant is recovered from
equipment before the final disposal of the equipment.
Hazardous Waste Disposal
If refrigerants are recycled or reclaimed, they are not considered hazardous under Federal law. In
addition, used oils contaminated with CFCs are not hazardous on the condition that:
# They are not mixed with other wastes.
# They are subjected to CFC recycling or reclamation.
# They are not mixed with used oils from other sources.
However, used oils that contain CFCs after the CFC reclamation procedure are subject to
specification limits for used oil fuels if these oils are destined for burning. Individuals with questions
regarding the proper handling of these materials should contact EPA's RCRA Hotline toll-free at 1-
800-424-9346.
Additional Information
Call EPA Stratospheric Ozone Hotline: 1-800-296-1996 (10 am-4 pm EST, M-F, except Federal
holidays) or contact Phyllis Putter at 214-665-7271, putter.phyllis@epa.gov.
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TOXICS—PCBs
EPA was required by Congress under §6(e) of the Toxic Substances Control Act (TSCA) (Public Law
94-469, October 11, 1976) to promulgate rules for the marking, storage and disposal of
Polychlorinated Biphenyls (PBCs). It also specifies requirements for marking, storage and disposal of
PCBs.
PCBs were used extensively by the electric power industry for insulating electrical equipment (for
example, transformers, capacitors) as well as for fire suppression. Many insulating materials used in
heating and venti lating systems also contained PCBs. Manufacturers inadvertently contaminated about
12 percent of the mineral oil-filled electrical equipment in use prior to 1976 by using the same pumps
and lines to fill their premium PCB equipment and their mineral oil equipment.
PCB levels at or above 50 parts per million in fluids or non-fluid materials are regulated by the EPA,
but EPA allows the use of PCB equipment for the remainder of its useful life, as long as the equipment
is properly monitored and maintained.
Additional Information
PCB Regulations, 40 CFR, Part 761.
Call Lou Roberts at 214-665-7579, roberts-lou@epa.gov.
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TOXICS—LEAD (Pb)
Lead poisoning is known to cause serious health problems, especially in children. Even at low levels,
lead poisoning can result in learning deficiencies, reduced intelligence, and other developmental
problems. The main source for exposure is through lead-based paint. Lead-based paint was banned
for residential use in 1978. Any house built before then may contain it. It is estimated that around
three-fourths of the existing homes in the U.S. contains lead-based paint, and as many as three million
may be affected by lead poisoning.
To deal with this problem, the Residential Lead-Based Hazard Reduction Act of 1992—commonly
referred to as Title X—added Title IV to the Toxic Substances Control Act (TSCA). Together, these
laws mandated EPA to do the following:
# Write regulations for training and certification of lead abatement workers.
# Develop a model program for Tribes, States, and territories to adopt
# Define proper abatement procedures.
# Develop a lead hazard information pamphlet.
# Develop renovation and remodeling guidelines.
Title X regulations require that anyone doing lead abatement work be trained, certified, and perform
the abatement work in a safe manner to protect both human health and the environment. The
regulations also require that a person buying or leasing a pre-1978 residence will be notified of known
lead hazards, issued a lead hazard information pamphlet, given an opportunity to inspect the property
and include specific language regarding lead hazards in any contract for sale or lease.
Tribal governments can work to prevent lead poisoning by educating their members in the
identification and control of lead hazards. For Tribes with sufficient infrastructure and an
established lead problem, Title X authorizes grants to establish training and accreditation programs
to regulate those involved in lead-based paint activities. Other Tribes may wish to consider other
funding alternatives, such as an Environmental Education grant, and Environmental Justice grant, or
include lead education and outreach as an element of a General Assistance grant.
Additional Information
Lead-Based Paint Regulations: 40 CFR Part 745.
"Protect Your Family From Lead in Your Home" pamphlet, EPA747-K-94-001, May 1995.
Contact Jeff Robinson at 214-665-7577, robinson.jeffrey@epa.gov.
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TOXICS RELEASE INVENTORY PROGRAM
Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986 which
mandates that certain businesses submit annual reports on the amounts of certain chemicals the
facilities released, either routinely or by accident. In 1994, all Federal facilities were also included.
The purpose of TRI is to provide community and government officials information about chemical
releases to the environment. In many cases this information has stimulated reductions in emissions,
both through focusing facility managers' attention on wastes and increasing public involvement.
Who Is Subject to the EPCRA §313 Release Reporting Requirements?
A plant, factory, or other facility is subject to the reporting requirements if it:
# Conducts manufacturing operations included in Standard Industrial Classification (SIC) codes 20
through 39 (This criterion does not apply to Federal facilities);
# Employs 10 or more full-time employees; and
# Manufactures, imports, processes, or otherwise uses any of the listed toxic chemicals in amounts
greater than the "threshold" quantities.
How to Get Information About the Toxic Chemical Releases
Annual release reports (Form R) are entered into a national computerized database called the Toxic
Release Inventory System, or "TRIS." The data is available through EPA's EPCRA Hotline 800- 535-
0202. In addition, non-trade secret data are avai lable through the TOXNET system (National Library
of Medicine) and in other forms such as annual national reports, CD-ROM and RTK NET. Many
university and public libraries can provide this access.
How Can TRI Help Your Tribe?
The TRI database can provide your Tribe with the following types of information:
# The chemicals that were released into the environment from a facility in your area.
# How much of each chemical was released into the air, water, and land.
# How chemical wastes were treated on-site and what was the efficiency of the treatment.
# The amount of chemicals that were transported away from the facility for recycling, treatment
or disposal.
The TRI data can be printed by year, chemical, facility, county, city, and zip code in a format tailored
to meet your needs. Contact Warren Layne at 214-665-8013 or layne.wayne@epa.gov for additional
information.
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WASTE PROGRAMS
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EMERGENCY RESPONSE
Region 6 operates an Emergency Response Program to receive reports and provide Region-wide
response to hazardous materials incidents, sites, and oi I spi I Is which are beyond the capabi lity of local,
State, or tribal responders. The 24-hour spill hotline number to call is 214-665-2222 or 1-800-424-
8802. The person who answers the call will obtain as much information as possible about the spill and
will then arrange to have a tribal, State, or Federal agency respond to the spill, as appropriate.
Additional Information
Contact Jim Mullins 214-665-2273 or mullins.james@epa.gov.
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SUPERFUND PROGRAM
As the 1970s came to a close, a series of stories gave Americans a look at the dangers of dumping
industrial and urban wastes on the land. First there was New York's Love Canal. Hazardous waste
buried for 25 years contaminated streams and soil, and endangered the health of nearby residents,
who had to be evacuated. The dioxin-tainted land and water in Times Beach, Missouri also attracted
attention.
It became increasingly clear that there were large numbers of serious hazardous waste problems that
were falling through the cracks of existing environmental laws. The magnitude of these emerging
problems moved Congress to enact the Comprehensive Environmental Response, Compensation and
Liability Act in 1980. CERCLA—commonly known as Superfund~was established to deal with the
dangers posed by the Nation's hazardous waste sites.
Since the program began, hazardous waste has surfaced as a major environmental concern in every
part of the United States. It wasn't just the land that was contaminated by past disposal practices.
Chemicals in the soil were spreading into the ground water and into streams, lakes and wetlands.
Toxic vapors contaminated the air at some sites, while improperly disposed or stored wastes
threatened the health or environmental resources of the surrounding community.
Few realized the size of the problem until EPA began the process of site discovery and evaluation.
Thousands of potential sites existed. Congress directed EPA to set priorities and establish a list of
sites to target. The sites on the National Priority List (NPL) are the most complex and compelling
cases of the entire inventory of potential hazardous waste sites.
Superfund responds immediately to sites posing imminent threats to human health and the
environment at both NPL sites and sites not on the NPL. The purpose is to stabilize, prevent, or
temper the effects of a release of hazardous substances, or the threat of one, into the environment.
Imminent threats might include tire fires or transportation accidents involving the spill of hazardous
chemicals.
Superfund activities depend upon local participation. EPA analyzes hazards and deploys experts, but
the Agency needs community input. EPA encourages and solicits input from tribal governments and
tribal members in Superfund clean-up decisions.
Additional Information
Contact LaDonna Walker at 214-665-6666 (walker.ladonna@epa.gov) or Robbie Hirt at 214-665-8079
(h irt.roberta@epa.gov).
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BROWNFIELDS
A brownf ield is a site, or portion of a site, that was once used for industrial or commercial purposes
and has since been abandoned. Some sites have actual or perceived contamination but have potential
for reuse or redevelopment. In May 1997, Vice President AI Sore announced the Brownf ields National
Partnership Action Agenda. This undertaking provides a framework for cooperation among tribal and
State governments, local communities, and businesses to assess, clean up, reuse, and prevent
brownfields. EPA's Brownfield Initiative identifies and addresses barriers to clean up and
redevelopment and recommends measures for change using the existing Superf und Law, (see previous
page):
#Brownfields Assessment Demonstration Pilots--grants of up to $200,000 for a two year
period to explore innovative approaches to solve brownfields problems and provide a database of
information to help in the Brownfields Initiative. EPA expects to award approximately 100 of these
grants in 1998.
#Clarification of Liability Issues—guidance and instructions on liability concerns of lending
institutions, property owners, developers, or prospective purchasers of brownfields. These documents
clarify the safeguards that protect them from EPA enforcement actions and outside liability claims,
thereby removing the stigma of potential contamination and liability associated with brownf ield sites.
#Partnerships and Outreach—partnerships with other Federal agencies, Tribes, States, and
cities to assure a coordinated approach to addressing brownfields. These partnerships were
established to exchange information on activities, ideas, and establish a national coordinated
strategy. The Brownfields National Partnership Action Agenda includes more than 100 commitments
from more than 25 organizations including 15 Federal agencies. These commitments represent a $300
million investment in brownf ield communities by the Federal government and an additional $165 million
in loan guarantees.
# Workforce Development—environmental education and recruitment of students from
disadvantaged groups and quality worker training in brownf ield areas.
Tax incentives are also available to spur clean up and redevelopment of these sites in distressed urban
and rural areas. Under this incentive, environmental clean up costs are fully deductible in the year in
which they are incurred, as opposed to having the cost capitalized or absorbed as part of the costs
in obtaining the site.
Additional Information
Contact Stan Hitt at 214-665-6739 or Fax 214-665-6660 or hitt.stan@epa.gov.
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SARA TITLE III—EMERGENCY PLANNING & COMMUNITY RI6HT-TO-KNOW ACT
The Superfund Amendments and Reauthorization Act (SARA) Title III has two purposes: to
encourage and support emergency planning for responding to chemical incidents, and to provide local
governments and the public with timely and comprehensive information about possible chemical
hazards in communities.
Does the Emergency Planning and Community Right-To-Know Act (EPCRA) Apply To My
Community?
Yes. The chemicals in your community may pose a threat to citizens and to those individuals being
asked to respond to emergencies involving hazardous substances. All facilities in the community
storing certain hazardous chemicals (exceeding specified quantities) must provide information to
appropriate governmental agencies and to the public. Also, if there is a chemical incident which
results in the release of any one of a large number of hazardous substances, immediate notification
must be made to governmental agencies.
The law provides stiff penalties for facilities that do not comply, and it allows citizens to sue the
owner or operator of a facility and regulatory agencies for failure to provide information that must
be made public.
What Are The Requirements Under This Law?
The law, passed in October 1986 and applied to Tribes by regulations in July 1990, has many
requirements and deadlines. An example is Tribes are required to establish Tribal Emergency
Response Commissions (TERCs) or associate themselves with already established Local Emergency
Planning Committees (LEPCs). LEPCs develop a local plan to respond to chemical emergencies in their
jurisdiction as well as exercise, review and update the plan annually.
The LEPC has other responsibilities besides developing an emergency response plan. It receives
emergency release and hazardous chemical inventory information submitted by local facilities and
must make this information available to the community upon request.
Title III requires owners and operators of f aci lities storing specified hazardous substances to report
to the LEPC within 60 days. When facilities provide the information required by the Act, local
officials and tribal communities can better prepare themselves for chemical emergencies.
If the Emergency Planning and Community Right-to-Know Act applies, what should I do?
As a tribal official, you should insist on complete planning and adequate preparation for an emergency.
There are four options for tribal compliance under EPCRA:
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1. The Tribe may form an independent Tribal Emergency Response Commission (TERC) with either a
separate Local Emergency Planning Committee (LEPC) or a combination TERC/LEPC which serves both
roles.
2. The tribal leader can appoint members to an independent TERC with either a separate LEPC or a
combination TERC/LEPC which serves both roles. Most Tribes have chosen the latter.
3. The Tribe may form a cooperative agreement with the State within which its lands are located.
In this case, the Tribe will either be a separate LEPC within the State or participate in a nearby LEPC.
4. Until a decision is made and an action is taken, the tribal leader is considered a one person TERC
by default. This is another option some Tribes have chosen.
It is important not only to participate in emergency planning, but also to communicate with the
members of the LEPC. Become familiar with the law so that you will know what tools are available for
assessing and managing risks within the community. Identify what needs to be done to better prepare
the community to deal more effectively with, and prevent, chemical emergencies.
Additional Information
Contact Fendol Chiles at 214-665-2283 (chiles.fendol@epa.gov) or Keith Reddick at 214-665-8338
(reddick.keith@epa.gov).
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RCRA HAZARDOUS WASTE
Hazardous waste is prevalent throughout all levels of commerce and industry. Wastes are identified
as hazardous if they pose a potential danger to human health and/or the environment when not
properly treated, stored, transported, disposed or otherwise managed. Potential dangers include
explosions, fires, corrosive destruction of materials, chemical reactions and health impairing exposure
to toxic chemicals. The greater the quantity or concentration of chemicals exhibiting any of these
dangers, the greater the need to assure their proper management.
In 1976, Congress enacted the Resource Conservation and Recovery Act (RCRA) as the primary
regulatory vehicle to assure that hazardous waste is properly managed from the point of its
generation to its ultimate disposal or destruction often called "from cradle to grave." RCRA
establishes a very complex and comprehensive set of requirements to define which hazardous waste
is subject to regulation as well as the responsibilities of anyone who generates, transports, stores,
treats, disposes or otherwise manages hazardous waste. At this time, waste generated by individual
households is not subject to Federal RCRA requirements.
There are three categories of hazardous waste generators under the RCRA program requirements:
# Generator—Facilities that generate more than 1,000 kilograms (kg) per month of any hazardous
waste or more than one kilogram of any "acute" hazardous waste. A kilogram is approximately 2.2
pounds and 1,000 kg is approximately five, 55 gallon drums of material.
# Small Quantity Generator—Facilities that generate less than 1,000 kg per month of hazardous
waste but more than 100 ki lograms per month. Small quantity generators are given additional time
to comply with new regulations and for on-site storage of their waste.
# Conditionally Exempt Generator—Facilities that generate less than 100 kilograms a month of any
hazardous waste are conditionally exempt from the RCRA regulations.
RCRA Program Applicability
It is very likely that some types of hazardous waste are generated by businesses in your community
or by your municipal facility operations themselves. Because hazardous waste includes things like
solvents, corrosives and materials containing heavy materials like chromium, cadmium and lead, vehicle
maintenance shops often generate hazardous waste that may be subject to RCRA requirements. Any
discarded material must be evaluated to determine if it has been listed by EPA as hazardous waste
or if the waste exhibits any of the following characteristics: ignitability, corrosivity, reactivity or
toxicity as determined by the Toxicity Characteristic Leaching Procedure (TCLP) test.
Care must be taken to manage products that are no longer wanted or needed. For example, leftover
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pesticides from grounds-keeping operations and old paint thinner must be fully evaluated before
determining how to dispose of them. EPA has identified several hundred chemical products which,
if disposed of, would also be considered "listed hazardous waste."
Another area of possible concern for a Tribe is the operation of a trash collection system and/or a
landfill. Normally, because household wastes are currently exempt from RCRA hazardous waste
regulations, landfills are regulated under a program referred to as the "Subtitle D Municipal Solid
Waste Landfill Criteria" which is intended to insure proper management of the landfill. However, the
addition of commercial waste materials collected and/or co-disposed with the household materials
might subject a facility to regulation under the RCRA hazardous waste program.
Timetable
RCRA regulations were first published in 1980 and are constantly being amended. Handlers of
hazardous waste (such as those who generate, store or transport this material) must notify EPA and
receive an EPA RCRA identification number.
Different timetables and responsibilities apply to the different activities. Generators may
accumulate waste on-site for up to 90 days without triggering a requirement to obtain a storage
permit. Small quantity generators have up to 180 days. Securing a permit authorizing the treatment,
storage, or disposal of hazardous waste is a very expensive and lengthy process.
Many companies and regulated entities look for ways to reduce the amount of hazardous waste
produced in order to reduce expense and regulatory burdens. Waste reduction can be accomplished
through better housekeeping, careful purchasing, changes in process and a variety of other ways.
Hazardous waste generators should examine their waste streams and consider whether there might
be a way to reduce what is being generated.
Additional Information
RCRA Hazardous Waste Regulations, 40 CFR Parts 260-279.
Small Quantity Generator brochure.
Contact Willie Kelley at 214-665-6760 (kelley.willie@epa.gov) or Teena Hullum at 214-665-7475
(hullum.chestenna@epa.gov) for an ID number.
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SOLID WASTE DISPOSAL PROGRAM
In 1976, Congress directed EPA to develop standards for the disposal of solid waste. The two main
regulations that were developed are 40 CFR Parts 257 and 258.
40 CFR Part 257 applies to all solid waste disposal sites and practices except agricultural and mining
waste. The minimum criteria include evaluating the location of a site (such as flood plains and
endangered species habitats) and limiting disease vectors, ground water contamination and explosive
gases. These regulations generally apply to a range of disposal facilities from monofills to
construction and demolition debris disposal sites. This regulation has been in effect since 1979.
40 CFR Part 258 pertains to disposal sites which accept household (or municipal) waste. Household
waste is defined as any solid waste from households (including single and multiple residences, hotels
and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use
recreation areas).
The effective date of the criteria was staggered depending on the size of the disposal site. The
general effective date of the criteria was April 9, 1995. However, many tribal sites may be able to
claim the "small community exemption." A small community landfill is defined as one that:
# Disposes of less than 20 tons of municipal solid waste daily, based on an annual average;
# Has no evidence of ground water contamination from the unit, and the unit serves:
A community that experiences an annual interruption of at least three consecutive months of
surface transportation that prevents access to a regional waste management facility, or
A community that has no practicable waste management alternative and is located in an area
that annually receives less than or equal to 25 inches of precipitation.
For a disposal site that fulfills the small community exemption (also called the arid, remote landfill
exemption), the general effective date of Part 258 was October 9, 1997.
For many rural communities, the development and implementation of these regulations require a
radical change in solid waste practices. The changes can be expensive if all options are not adequately
addressed.
Actions Your Tribe Should Be Taking
# Develop a Solid Waste Management Plan
# Find alternatives to open dumping and open burning
# Develop community education plans to address solid waste problems and to help find solutions
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# Develop waste reduction programs (recycling and composting) in your solid waste management and
community education plans
# Close all existing open dumps
Tribes can apply to EPA for approval of landfill regulatory programs. The program approval process
involves EPA review of all solid waste regulations and codes. If EPA determines that tribal regulations
are equivalent to the Federal regulations, landfill owners and operators may have flexibility in landfill
operations.
Waste Reduction/Recycling
The solid waste program also works with Tribes, States and non-profit organizations to expand
markets for recycled materials, stimulate economic development, and create jobs. Using the Jobs
Through Recycling (JTR) Initiative, EPA provides grants to States and Tribes so that the recipients
can provide financial, permitting, marketing and technical management assistance to recycling
businesses. Using the JTR funds, States and Tribes develop programs that put to productive use
recovered materials that would otherwise be land f i Ned or incinerated, employ innovative technologies
to use recovered materials collected in recycling programs, and stimulate economic growth and create
jobs.
Several Tribes have received funding for their job creation/environmental protection programs. EPA
also supports the development and/or enhancement of State and tribal source reduction, recycling,
and composting programs through a variety of other grants programs.
Additional Information
Call National RCRA Hotline at 800-424-9346.
Resource Conservation and Recovery Act, Subtitle D.
40 CFR Parts 257 and 258.
Public Law 103-399 (McCain Bill/Open Dump Clean-Up on Indian Lands Act).
Contact Anan Tanbouz at 214-665-8195 or tanbouz.anan@epa.gov.
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UNDERGROUND STORAGE TANKS
An underground storage tank (UST) is any tank, including underground piping connected to the tanks,
that has at least 10 percent of its volume underground. The UST regulations (40 CFR Part 280) cover
notification (registration), performance standards for new and existing tanks, tank closure, release
detection, cleanup activities, financial responsibility, reporting and record keeping. The goals of the
UST regulations are to prevent, identify and clean up leaks and spills. These regulations also require
that the owners and operators of USTs provide a financial means to pay for correcting the problems
created if their USTs leak.
Do the regulations apply to all underground storage tanks?
No. The following are some exclusions:
# Farm and residential tanks holding 1,000 gallons or less of motor fuel used for non-commercial
purposes.
# Tanks used to store heating oil for consumption on the premises where it is stored.
# Tanks on or above the floor of tunnels or basements.
# Septic tanks and systems for collecting storm water or waste water
# Flow-through process tanks.
# Tanks holding 110 gallons or less
# Emergency spill and overfill tanks.
# Other storage areas such as surface impoundments, pits, ponds, or lagoons.
# Tanks which contain hazardous waste.
If the UST regulations apply, what must I do as an owner/operator?
# Send completed form 7530-1 to EPA, Region 6 (6PD-U).
# Use an approved method of leak detection for both tanks and piping.
# Ensure that tanks installed after December 22,1988, have spill, overfill, and corrosion protection
at the time of installation.
# Ensure that tanks installed prior to December 22, 1988, are closed, removed, replaced, or
upgraded with spill, overfill, and corrosion protection by December 22, 1998.
# Demonstrate financial responsibility for the cost of cleaning up a leak or compensating other
people for injury or property damage caused by a leaking UST. Compliance date for local
governments and Tribes is December 31, 1998.
If I am not using tanks that come under the regulations, what should I do?
Follow closure requirements for tanks temporarily or permanently closed (40 CFR 280 Subpart &}.
(Note: Tanks not used from 3 to 12 months can be temporarily closed by leaving vent lines open and
functioning and cap and secure all other lines, pumps, manways and ancillary equipment.) Permanent
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closure is required beyond 12 months when the tank(s) must be either filled with an inert material or
removed. If a ground water monitoring system or vapor monitoring system was in operation at the
time of closure and indicates no release has occurred, a site assessment is not required. EPA will help
you decide how best to close the UST so that it meets all Federal requirements.
If a leak or spill should occur, what must be done?
# Contact the closest fire department to ensure that it does not pose a hazard to human health.
# Contact EPA within 24 hours to report the release or spill. The regulatory authority will decide
if you must take further action.
Additional Information
Musts for USTs: A Summary of the New Regulations for Underground Storage Tank Systems, U.S.
EPA, OUST, July 1990.
Dollars and Sense: A Summary of the Financial Responsibility Regulations for Underground Storage
Tanks Systems, U.S. EPA, OUST December 1988.
Don't Wait Until 1998: Spill, Overfill and Corrosion Protection for Underground Storage Tanks, U.S.
EPA, OUST, April 1994.
Contact Lynn Dail at 214-665-2234 or dail.lynn@epa.gov.
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WATER PRO6RAMS
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SAFE DRINKING WATER ACT—PUBLIC WATER SYSTEMS
The Safe Drinking Water Act (SDWA) is the Federal law regulating the quality of finished drinking
water from a public water system (PWS). The purpose of the Act is to make sure that the drinking
water supplied to the public is safe for human consumption. EPA has the responsibility of setting
national drinking water standards which must be met by all water supplied to the public. EPA also has
the authority and responsibility to implement the SDWA and its associated regulations in Indian
Country. All public water systems in Indian Country, regardless of ownership, must comply with these
requirements. EPA retains the primary enforcement responsibility for these PWS until a Tribe has
applied for, and been approved for, primacy under the SDWA Public Water Supply Supervision
program.
A public water system (PWS) is defined as "a system for the provision to the public of piped water
for human consumption if such system has at least 15 service connections or regularly serves an
average of at least 25 individuals dai ly at least 60 days out of the year." PWS are divided into three
categories:
Community systems serve a year-round residential population such as a village.
Non-transient non-community systems serve at least the same 25 people at least six months of
the year, such as schools, clinics and factories. This type of system serves the same people nearly
every day but they do not actually live at the facility.
Transient non-community systems serve at least 25 mobile or transient people at least 60 days
of the year at locations, such as hotels, restaurants, or seasonal campgrounds.
General Responsibilities
It is the responsibility of the owner of a public water system to meet the following general
requirements:
Sampling and Reporting: Each supplier of water must collect samples from the water system, take
them to a certified laboratory for analysis, and send the results to EPA. The type of analysis
performed, the sampling frequency, and the location of the sampling point vary from system to system
depending on the category of system (community, non-transient non-community or transient non-
community), the number of people served, the number of service connections, and whether it uses
surface water or ground water as its source of supply.
Recordkeeping: The water supplier must keep information about the system on file. This information
includes laboratory sample results, sanitary surveys, steps taken to correct problems, operation and
maintenance records, and correspondence.
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Notification: If there is a violation of the regulations, the public must be notified. The purpose of
the public notification is to inform customers of any potential adverse health effects and to describe
what steps consumers can take to minimize the impact. The method, timing and frequency of the
public notice varies based upon the severity of the violation. Each public notice must meet certain
requirements concerning the information it contains and the way that it is issued.
Operation and Maintenance (O&M): The water supplier is responsible for ensuring that the system
is properly operated and maintained by qualified persons. This includes correcting problems that
cause violations of the requirements. Water systems O&M is key to providing a safe supply of drinking
water.
It is important to note that the SDWA does not provide funds for ongoing operation and maintenance
or for monitoring of drinking water quality.
Drinking Water Standards
EPA sets drinking water standards which apply to all public water systems. There are two types of
national standards: primary and secondary. Primary standards are health-based and enforceable.
Secondary standards are based on the aesthetic quality of the water and are non-enforceable
guidelines.
Primary standards are established as either Maximum Contaminant Levels (MCLs) or as Treatment
Technique Requirements. Maximum Contaminant Levels (MCLs) are the numerical standard used to
judge the water quality. The system will be judged for compliance with the MCLs based upon results
of required water sampling. Treatment Technique Requirements are set for contaminants which are
difficult or costly to measure. In some cases, EPA chooses to require specific water treatment
practices (such as filtration or corrosion control) to remove these contaminants and prevent health
problems. The treatment technique is required in place of setting an MCL.
Secondary standards consist of Secondary Maximum Contaminant Levels (SMCLs) which are
associated with the aesthetic quality of water such as taste, odor or color. Water with contaminants
at levels above the SMCLs may not be pleasant to drink but will not cause health problems. These
numbers are guidelines, not enforceable standards.
Monitoring
Water suppliers are required to monitor the quality of the drinking water supplied to the public.
Monitoring requirements include testing for the following contaminant groups: Coliform bacteria
(Total Coliform Rule); Inorganic Chemicals; Volatile Organic Chemicals, Pesticides and Synthetic
Organic Chemicals; Radionuclides; and Disinfection By-Products. EPA Region 6 is implementing a
"Monitoring Waiver Program" for PWSs in Indian Country. Your water system may be eligible for
reduced monitoring frequency based upon previous monitoring results, characteristics of your system
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and land use practices in the watershed. Contact EPA for the monitoring requirements specific to
your water system and for information about the Monitoring Waiver Program application process.
The Total Coliform Rule requires that samples for coliform bacteria be collected on a routine (usually
monthly) basis from locations in the distribution system. Coliform bacteria are used as an indication
of the possible presence of potentially harmful bacteria in the water. The MCL is based upon the
presence or absence of coliform bacteria.
The Surface Water Treatment Rule requires that water systems using surface water sources or
ground waters which are directly influenced by surface water must filter and disinfect prior to
delivery to the public. Monitoring of treated water turbidity and disinfectant residual is required
as part of this treatment technique requirement.
Unregulated Contaminants are contaminants which must be sampled for but no MCL has been set. This
means that there is a requirement to monitor for these contaminants and to report any detections
to EPA. Samples for unregulated contaminants are usually collected in conjunction with regulated
contaminant monitoring.
Additional Information
Contact Blake Atkins at 214-665-2297 or atkins.blake@epa.gov.
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SAFE DRINKING WATER ACT—UNDERGROUND INJECTION CONTROL
Ground water supplies over half the Nation's drinking water, especially in rural areas. It is vulnerable
to contamination from activities occurring in and around it. Most Indian lands in Region 6 are in rural
areas and are dependent on ground water for water supply. The Underground Injection Control (UIC)
program was established under the Safe Drinking Water Act to protect the potable ground water
supplies. The UIC program regulates the subsurface injection of wastewater below, into, and above
underground sources of drinking water (USDW). USDW is defined as ground water that contains less
than 10,000 mg/l total dissolved solids. In EPA Region 6 injection wells on Indian lands are generally
regulated by EPA. The only exception to this is for Class II injection wells located on lands of the
Five Civilized Tribes in Oklahoma. The Oklahoma Corporation Commission regulates those injection
wells.
Requirements for injection wells depend on the type of injection activity. EPA has defined the wells,
as follows:
Class I Wells used to inject industrial or municipal wastes (including hazardous) below the
USDW.
Class II Wells used to inject fluids associated with oil and gas production.
Class III Wells used to inject fluids for mineral extraction.
Class IV Wells used to inject hazardous or radioactive waste into or above USDW
Class V Any wells not included in Classes I-IV. These wells are currently authorized by
rule unless EPA (or a primacy State/organization) determines that a permit is
needed to ensure protection of USDW. Examples of Class V wells include dry
wells collecting surface water runoff, automotive waste disposal wells, and large
septic systems or those which accept industrial wastes. "Injection" includes
seeping, flowing, leaching, and pumping with or without pressure.
Requirements for each type of well are listed in 40 CFR 144, 146, 147, and 148. Class IV injection
wells are prohibited by regulation. EPA is developing specific regulations for Class V injection wells.
All other injection wells on Indian lands require a permit or other authorization from EPA. The permit
specifies well construction and operating requirements.
EPA injection well permitting and enforcement programs are administered from the Dallas Regional
Office. Field activities are conducted from a field office in Pawhuska, Oklahoma. The field office
includes two EPA engineers and five administrative and inspection staff employed by the Osage Tribe.
The staff is responsible for conducting injection well inspections, on-site technical assistance to
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injection well operators and citizens, receiving permit applications for injection wells on the Osage
Mineral Reserve, and investigating reports of ground water contamination.
The Safe Drinking Water Act also provides for EPA to take quick action in situations where actual
or potential ground water contamination could imminently and substantially endanger human health.
This authority is found in §1431 and extends to any activity that could endanger drinking water
supplies including unlined pits, ponds, trenches, improper Class V wells, etc. Facilities likely to
generate wastes that pose a significant risk to ground water include automotive service stations, dry
cleaners, transportation service bays, pesticide applicators, photo-processors, electroplaters, primers,
chemical and electronics manufacturers, pharmaceutical companies, food processors, and much more.
Please note that septic tanks with the capacity to serve fewer than 20 persons per day and receive
only biological waste are exempt from UIC regulations.
Additional Information
Contact Phil Dellinger at 214-665-7165 (dellinger.phillip@epa.gov) concerning permits for injection
wells.
Contact Jerry Sounders at 214-665-6470 (saunders.jerry@epa.gov) to report possible violations of
EPA regulations or to report possible ground water contamination.
The EPA UIC Field Office in Pawhuska can also be contacted at 918-287-4041 for information
concerning UIC permitting requirements or to request an investigation of ground water contamination
or UIC program violations.
Contact EPA HQ toll free at 1-888-372-8255 59 Contact Region 6 toll free at 1-800-887-6063
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SAFE DRINKING WATER ACT—WELLHEAD PROTECTION
Ground water is used by more than half of all Americans for drinking purposes. Rural areas depend
on ground water for 95 percent of their drinking water. The nation's agricultural community uses
ground water for about half of its needs; ground water supplies nearly one-third of industry's water
requirements. Local communities can protect their ground water resources and prevent contamination
by incorporating wellhead protection activities into land use management efforts.
What is Wellhead Protection?
Wellhead protection is delineating boundaries around a public water supply well or wellf ield, and then
managing activities within those boundaries to prevent pollutants from getting to the ground water
that contributes to the well. The delineation area is also called the wellhead protection area (WHPA).
Activities which may be managed or limited within a WHPA are any land or subterranean disposal of
waste or application of chemicals from industrial, residential, or agricultural sources. This includes
dumps, septic systems, and injection wells.
WHPA boundaries are based on hydrogeological factors, like time-of-travel of ground water flowing
to the well, aquifer boundaries, the degree to which the aquifer is confined, and pumping rates. All
of these hydrogeological characteristics have a direct effect on the likelihood, extent, and movement
of contamination.
Some communities find that it is most appropriate to practice whole aquifer protection, or to define
the entire aquifer as their wellhead protection area. However it is defined, and whether it is called
a protected recharge zone, wellhead protection area, or aquifer protection area, the steps discussed
below apply.
Steps to Establish a Wellhead Protection Program
1. Specify roles, duties and authorities of tribal, local, and Federal agencies with an interest in
managing the quality of ground water resources in the approximate recharge area. Try to reach
consensus on the need for joint management and protection of the resource.
2. Delineate the wellhead protection area (WHPA) for each wellhead. The delineation method you
choose depend on available data, staff and funds to contract a hydrogeologist, if one is not locally
available.
3. Identify potential sources of contaminants within each WHPA. This inventory should consider
historical, current and future land uses. Much success has been achieved from using student and
senior volunteers in this step.
Contact EPA HQ toll free at 1-888-372-8255 60 Contact Region 6 toll free at 1-800-887-6063
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4. Develop management approaches to protect the WHPA from contaminants. Management may
be regulatory, non-regulatory or legislative, and include zoning, health regulations and public
education. It is extremely important to educate residents and businesses within the WHPA on the
value of ground water and how to prevent or minimize the threat of contamination.
5. Develop a contingency plan for each public water supply system, so that if contamination is
detected, an alternate water supply is available.
6. Site new wells carefully to minimize potential contamination.
7. Keep the public involved. By participating in wellhead protection efforts, the public takes
practical steps to protect their health and the health of the community.
Additional Information
Contact Ken Williams at 214-665-7129 or williams.ken@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 61 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER ACT
Although Federal laws dealing with water quality have existed for almost 50 years, the current era
of water pollution control began in 1972 with the comprehensive amendments to the Federal Water
Pollution Control Act, the formal name of the Clean Water Act (CWA). The goal of the CWA "is to
restore and maintain the chemical, physical, and biological integrity of the Nation's water," primarily
through a prohibition against discharging pollution into the waters of the United States. While not
comprehensive (certain sources of pollution are not directly regulated), the CWA does deal with a
complex variety of matters concerning water pollution, including the following: grants for construction
projects and research and study, development of water pollution control programs, permitting and
regulations of discharges, and establishing water quality standards.
It was not until 1987 that Congress dealt directly with the role of Tribes by enacting §518(e) of the
CWA which allows the Administrator to treat Tribes as States for specific purposes under the Act.
In essence, §518 expanded the State/Federal relationship to include a tribal/Federal relationship.
Most important, eligible Tribes, like States, can obtain grants to develop water quality programs,
establish water quality standards, issue National Pollution Discharge Elimination System (NPDES)
permits, and provide certifications under §401. To be eligible, a Tribe must:
• be Federally recognized;
• have a governing body that carries out substantial duties and powers;
• possess civil regulatory jurisdiction to carry out those functions it seeks to exercise; and
• demonstrate its capability to carry out those functions.
EPA has promulgated regulations implementing §518(e) and has established procedures for processing
applications under the applicable programs.
Contact EPA HQ toll free at 1-888-372-8255 62 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER ACT—106 WATER QUALITY MANAGEMENT PLAN
CWA §106 provides financial assistance to eligible Tribes for the assessment, prevention, reduction,
and elimination of water pollution. Tribes can use §106 funds to develop a water quality standards
program for ground water and wetlands protection and to abate nonpoint source water pollution.
However, 106 funds cannot be used to construct water treatment facilities, to monitor the quality
of water used solely for drinking, or to work on water rights issues. Up to three percent of funds
available under §106 are set aside for Tribes.
To receive a grant, a Tribe must show that it is eligible under the criteria found in §518(e) and must
have an EPA-approved work plan. Eligible Tribes may receive up to $60,000 from the base allocation
provided that performance on previous assistance agreements is satisfactory. The variable amount
is competitive between Tribes with TAS based on need, capabilities, and performance. Tribes
receiving TAS after allocation to the Region may be funded out of the variable amount. Some of the
tribal projects that have already been funded under the 106 program include those which have:
# Developed and refined Best Management Practices
# Developed and implemented a water quality standards program
# Reviewed stream classification system, compiled and evaluated existing data and conducted a
Rapid Bioassessment of streams
# Evaluated pesticide contamination of surface water and conducted detailed ammonia study
# Conducted ground water inventory
# Assessed the effects of siltation on a river
# Developed a water quality classification, and assessment management options.
Additional Information
"Clean Water Act Grants for Indian Tribes §106 Guidelines."
'Indian Tribes: Water Quality Planning & Management," Federal Register, April 11, 1989.
Federal Register, 40 CFR Parts 35 & 130, March 23, 1994.
Federal'Register40 CFR Parts 35 & 130, January 11, 1985.
Contact Stephanie Crossland at 214-665-6684 (crossland.stephanie@epa.gov).
Contact EPA HQ toll free at 1-888-372-8255 63 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER--NONPOINT SOURCE POLLUTION CONTROL
CWA §319(h) provides financial assistance for the abatement of water pollution caused by nonpoint
sources. Nonpoint sources of water pollution are multiple, diffuse sources of pollution. Primary
nonpoint sources of pollution include runoff from urban areas, farming, feedlots, mining and forestry.
The major pollutant from nonpoint sources by volume is sediment. Runoff may also carry oil and
gasoline, agricultural chemicals, nutrients, heavy metals and toxic substances, as well as bacteria,
viruses and oxygen-demanding compounds.
Using §319 funds, eligible Tribes can fund activities including information and education,
demonstration projects, and implementation of Best Management Practices (BAAPs) for controlling
nonpoint sources of pollution.
Up to one-third of one percent of the funds available under §319 are set aside for eligible Tribes.
To receive a grant, a Tribe must have an EPA-approved nonpoint source assessment and nonpoint
source management plan. A §106 grant can fund development of the assessment and management plan.
A project work plan is also required. Normally, a non-Federal match of 40 percent is necessary.
However, upon demonstration of financial hardship, a minimum 10 percent cost share can be allowed.
Additional Information
"Tribal Nonpoint Source Planning Handbook" U.S. EPA, Office of Water, September 1997, EPA841-B-
97-004.
Contact Brad Lamb at 214-665-6683 or lamb.brad@epa.gov.
CLEAN WATER ACT--INWAN SET-ASIDE PROGRAM
CWA §518(c) establishes an Indian Set-Aside Grant Program. One-half of one percent of the funds
available under §207 of the CWA are reserved each for the development of wastewater management
plans and the construction of sewage treatment works that serve Tribes. Grants are awarded
according to a national priority listing that is based on three categories of criteria: water quality,
public health, and existing level of treatment. The Set-Aside Program provides funds to Tribes (as
defined by the CWA), Alaska Native Villages (as defined by the Alaska Native Claims Act), and Tribes
on former reservations in Oklahoma.
Additional Information
"Guidelines and Requirements For Applying For Grants From The Indian Set-Aside Program," EPA,
April 1989.
Call Gene Wossum at 214-665-7173 or wossum.gene@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 64 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER ACT—WATER QUALITY STANDARDS PROGRAMS
Under CWA §303, Tribes can establish water quality standards. "Designated uses," "criteria" and an
"antidegradation policy" comprise water quality standards. Designated uses (for example, a "warm
water fishery" or "public water supply") are the uses for each water body that are to be maintained
and protected by the standards. Tribes must also adopt criteria that specify what concentrations
of pollutants will ensure that the designated uses are met. Criteria are usually stated in numerical
amounts but can also be written in narrative form. EPA publishes numeric certeria recommendations
for protection of aquatic life and human health, which may be adopted with or without modification
by Tribes and States. An antidegradation policy insures that the Tribe's standards maintain existing
uses and quality.
To participate in the water quality standards program, a Tribe must demonstrate that it is eligible
under the criteria contained in §518(e) of the CWA and must develop water quality standards
pursuant to the requirements of the statute and regulations. EPA must review and approve the
standards in the same manner as it approves State standards. Tribes and States must revise water
quality standards at least every three years. Public participation is an important part of the water
quality standards program. Whenever a Tribe or State proposes changes to its standards or first
adopts standards, a public hearing must be held so that interested parties have an opportunity to
review the proposed actions and present their support or concerns.
Tribal water quality standards serve as the basis for certifications under §401 of the CWA and are
implemented through NPDES discharge permits, §404 dredge and fill permits, and best management
practices to control nonpoint sources of pollution. A Tribe that has obtained approval of its water
quality standards also becomes the certifying authority under §401 of the CWA. A Tribe may use
§106 funds to develop and implement the standards. No funding is available under §303 itself.
Additional Information
40 CFR, Part 131, Water Quality Standards Regulation.
"Amendments to the Water Quality Standards Regulation that pertain to Standards in Indian
Reservations" Final Rule. 56 Federal Register 64876, December 12, 1991.
"Introduction to Water Quality Standards" US EPA, September 1994, EPA823-B-95-004.
"Reference (Suide to Water Quality Standards for Indian Tribes" US EPA, January 1990.
Contact Diane Evans at 214-665-6677 or evans.diane@epa.gov and Diana Sturges 214-665-7318 or
sturges.diana@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 65 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER ACT--NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
The CWA generally prohibits discharging any pollutants into the waters of the United States, except
in compliance with certain sections of the statute. Waters of the United States include intermittent,
ephemeral, and perennial streams; playa lakes, lakes, and bays; and estuaries and wetlands. One of
the primary exceptions to the prohibition is the National Pollutant Discharge Elimination System
(NPDES) program found in CWA §402. Every discharge to waters of the United States, including
those from tribal facilities, must be permitted under the NPDES program.
Among the most significant terms found in NPDES permits are the effluent limitations. There are
two types of effluent limitations — technology-based and water quality-based—which regulate the
content of the discharge based on available pollution control technology, and the effects that the
discharge may have on the receiving water's quality. Thus, NPDES permits work in concert with water
quality standards established by Tribes, States, or the Federal government. Pursuant to CWA §401,
an NPDES permit can only be issued after certification by the tribal or State government in whose
jurisdiction the discharge will occur. Such certification is based upon a finding that the permitted
discharge will support the Tribe's or State's approved water quality standards.
§518(e) authorizes EPA to approve tribal NPDES programs in substantially the same manner as the
Agency approves State programs. The time and resources to assume the NPDES program are
considerably greater than required to develop a monitoring project or water quality standards
program. A Tribe may obtain approval by demonstrating that it is eligible under the criteria found
in §518(e) and submitting the appropriate information as required in 40 CFR Part 123. Also, a Tribe
must have EPA-approved water quality standards in place before it assumes the NPDES program. If
a Tribe or State does not have an approved NPDES program, EPA continues to implement the Federal
NPDES program. Even without assuming the NPDES program, Tribes can increase awareness and
education concerning the requirements of the CWA and waste water collection and disposal, and can
implement the most appropriate waste water collection and treatment policies.
Additional Information
"Treatment of Indian Tribes as States for Purposes of §308, 309, 401, 402, and 405 of the Clean
Water Act (CWA)" 58 FederalRegister 67966 (December 22, 1993) ( 40 CFR Parts 122, 123, 124,
and 501).
NPDES and Sewage Sludge Program Authority: A Handbook for Federally-recognized Indian Tribes"
US EPA, July 1994, EPA 833-B-94-004.
Contact Mike Michaud at 214-665-6491 or michaud.michael@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 66 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER ACT--SEWA6E SLUD6E USE AND DISPOSAL
Municipal wastewater sludge (or biosolids) is a by-product of the domestic wastewater treatment
process and includes scum or solids removed in primary, secondary, or advanced wastewater treatment
processes. The regulations also apply to the land application and surface disposal of septage that is
wasted from on-site septic systems. The regulations provide requirements for sewage sludge that
is land-applied for beneficial reuse, surface disposed, and incinerated. When the 40 CFR Part 503
sewage sludge regulations are followed, sewage sludge can be reused as a soil conditioner or fertilizer
or disposed of safely.
For land application of sewage sludge for beneficial reuse, Federal regulations require compliance with
numerical limits for nine metals, pathogen and vector attraction reduction, and management practices.
For surface disposal of sewage sludge (including monof illing and applying sewage sludge at a higher
than agronomic rate to the land), Federal regulations require compliance with numerical limits for
three metals (when applied to a site without a liner), pathogen reduction and vector attraction
reduction, and management practices. For sewage sludge that is incinerated, compliance with
emissions standards is required. Sewage sludge that is disposed in a municipal solid waste landfill
must meet the quality requirements of 40 CFR Part 258 regulations.
The final sewage sludge regulations became effective March 22,1993. Full compliance was required
by February 19, 1994, or if construction of new facilities was required, by February 19, 1995.
Monitoring and record keeping was required starting July 19, 1993.
Tribes and their members should be aware of restrictions covering proper use of the sewage sludge
for land application (agricultural and small quantity local use) and proper disposal (incineration,
surface disposal, dedicated land disposal, disposal in a municipal solid waste landfill or placement in
a sludge monofill). Tribes should be testing their sludge prior to its final reuse or disposal to
determine its quality. Sewage sludge in lagoons does not have to be tested until it is land applied or
disposed. Communities should evaluate which options are available based on the sludge in accordance
with the regulations.
The Part 503 regulations are "self-implementing "--they are in effect and enforceable whether or not
they are specified in a permit. Wastewater treatment plants must submit a sludge permit application
with the information required by 40 CFR Subpart 122.21(d)(3)(ii) along with an NPDES permit
application 180 days prior to the current permit expiration date. Sewage sludge only facilities must
submit sewage sludge screening information in 40 CFR Subpart 122.21(c)(2)(iii) to EPA 180 days prior
to start-up.
Additional Information
Sewage Sludge Final Rule, 40 CFR Part 503.
Contact Richard Wooster at 214-665-6473 or wooster.richard@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 67 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER ACT--PRETREATMENT REQUIREMENTS
Pretrcatmcnt is the treatment of a waste before it is discharged into the sanitary sewer. A
pretreatment program includes ordinances, education, inspections, monitoring, and enforcement.
Pretreatment requirements control pollutants which are incompatible or will interfere with the
treatment process or pass through the treatment facility and cause problems in the receiving stream
or lake. In addition, pretreatment requirements will improve opportunities to recycle and reclaim
domestic and industrial wastewaters and sludges.
Traditionally, the smaller treatment facilities with individual discharges are not required to establish
local pretreatment programs. If a Tribe has non-domestic users (such as sawmills, food processing
plants and metal finishers) discharging pollutants that could pass through the treatment facility
untreated or interfere with operations, the Tribe may have to implement a pretreatment program to
satisfy the NPDES permit requirements.
Current NPDES permits contain a section on prohibited discharges and industrial waste. These are
pretreated requirements and are designed to insure that treatment facilities are protected.
Pretreatment discharge requirements may be imposed on industrial users of the wastewater system
based on minimum treatment requirements; the protection of the collection system, treatment
facility, or its workers; or to insure that the treatment facility complies with its own NPDES permit
limits.
If a Tribe is required to establish a pretreatment program, the Tribe will need to establish
ordinances implementing the pretreatment requirements, and identify a person responsible for
insuring the program is administered and enforced. If a Tribe wants to establish a local pretreatment
program, and is not required to through its NPDES permit, the Tribe should contact EPA for
assistance.
Additional Information
Pretreatment Final Rule, 40 CFR 403.
Contact Lee Bohme at 214-665-7532 or bohme.lee@epa.gov.
Contact EPA HQ toll free at 1-888-372-8255 68 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER ACT—STORM WATER
The storm water regulations of NPDES, requiring regulation of storm water discharges, was added
in the 1987 amendments to the Clean Water Act as §402(p). In response to these changes, EPA
issued final regulations in November 1990 which define the initial scope of the NPDES permit program
for storm water discharges. The Phase I regulations define the term "storm water discharges
associated with industrial activity," and "large and medium municipal separate storm sewer systems"
and the permit application requirements for these discharges.
At this time, the municipal side of the program requires applications from cities with a population of
100,000 or more, and counties having large populations in unincorporated, urbanized areas.
On January 9, 1998, EPA proposed regulations covering Phase II of the storm water program (63
FederalRegister 1536). Major changes proposed include a discussion of the tribal role in storm water
pollution control, all municipalities including Tribes in Census Designated Urban Areas with over
50,000 total population would need municipal storm water permits (with some possible exemptions),
runoff from construction sites of one to five acres would also be regulated, and addition of a "no
exposure" alternative to requiring a permit for industrial activity. The regulations are expected to
be finalized in March 1999.
Tribes can develop information and education programs to increase awareness of the relationship
between the storm water drain system and local lakes or streams. Storm water collects in streets
gutters, storm drains, and arroyos and flows directly to streams with little or no treatment.
Members need to be educated so that they are aware of the role they play in the quality of the
streams and lakes. Dumping used motor oil, unused paint, pesticides and other household chemicals
on the ground or in the street can severely impact nearby surface water.
Tribes should also consider establishing ordinances or regulations controlling the improper disposal
or discharges of pollutants to the municipal storm water drain system.
Additional Information
"National Pollutant Discharge Elimination System-Proposed Regulations for Revision of the Water
Pollution Control Program Addressing Storm Water Discharges; Proposed Rule" 63 Federal Register
January 9, 1998.
Contact EPA HQ toll free at 1-888-372-8255 69 Contact Region 6 toll free at 1-800-887-6063
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CLEAN WATER ACT--WATER AND WETLANDS PROTECTION
An integral part of the CWA is the restoration and maintenance of the Nation's wetlands. EPA, in
partnership with tribal governments, is responsible for protecting wetland resources. The major
Federal regulatory tool for this is §404 of the CWA, which is jointly administered by the U.S. Army
Corps of Engineers and EPA. §404 establishes a permit program to regulate the discharge of dredged
or fill material into waters of the U.S., including most wetlands. Failure to obtain a permit or to
comply with the terms of a permit can result in civil and/or criminal penalties. The U.S. Fish and
Wildlife Service has an important advisory role in the permit review process.
Waters of the U.S. include lakes, streams, rivers, wetlands and coastal waters. Wetlands are areas
which are saturated or flooded for varying periods of time during the growing season. Because of the
presence of water, there is a prevalence of aquatic or hydrophytic vegetation, such as that found in
swamps, marshes, bogs and similar areas. Besides providing fish and wildlife habitat, wetlands also
improve water quality by acting as filters, offering flood protection, buffering shorelines against
erosion, and providing areas for recreation.
§518(e) authorizes EPA to approve tribal wetlands programs in substantially the same manner as the
Agency approves State programs. A Tribe may obtain approval by demonstrating that it is eligible
under the criteria found in §518(e) and submitting the appropriate information as required in 40 CFR
Part 233. Also, the Tribe must have EPA-approved water quality standards in place before it assumes
the §404 permit program. If a Tribe or State does not have an approved §404 permit program, the
Corps of Engineers and EPA will continue to implement the Federal wetlands permit program.
Additional Information
Clean Water Act; §404 Tribal Regulations" 58 Federal Register 8171 (February 11, 1993) (40 CFR
Parts 232 and 233).
Contact Carmen Assunto at 214-665-8185 (assunto.carmen@epa.gov) or Pam Mintz at 214-665-8334
(minz.pamela@epa.gov).
Contact EPA HQ toll free at 1-888-372-8255 70 Contact Region 6 toll free at 1-800-887-6063
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GENERAL INFORMATION
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U.S. EPA Region 6
1445 Ross Avenue
Dallas, TX 75202-2733
OFFICE OF THE REGIONAL ADMINISTRATOR (6RA)
Gregg A. Cooke, Regional Administrator 214-665-2100
Jerry Clifford, Deputy Regional Administrator
Office of External Affairs (6XA)
David Gray, Director 214-665-2200
Brenda Black, Deputy Director
Regional Native American Office (6XA)
Ellen (Sreeney, Associate Director 214-665-6778
Multimedia Planning and Permitting Division (6PD)
Bob Hannesschlager, Acting Director 214-665-7200
(Serald Fontenot, Acting Deputy
Water Quality Protection Division (6WQ)
Bill Hathaway, Director 214-665-7101
Oscar Ramirez, Deputy Director
Superfund Division (6SF)
Myron O. Knudson, Director 214-665-6701
Pamela Phillips, Deputy Director
Compliance Assurance and Enforcement Division (6EN)
Sam Coleman, Director 214-665-2210
Barbara Greenfield, Deputy Director
Office of Regional Counsel (6RC)
Larry Starf ield, Director 214-665-2110
Larry Andrews, Deputy Director
Management Division (6MD)
Lynda Carroll, Acting Director 214-665-6500
Sam Becker, Acting Deputy Director
Contact EPA HQ toll free at 1-888-372-8255 72 Contact Region 6 toll free at 1-800-887-6063
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NATIONAL NUMBERS
EMERGENCY (Spills) 800-424-8802
Acid Rain 202-233-9620
Air Risk 919-541-0888
Asbestos 800-368-5888
Auto Imports 202-233-9660
Control Technology 919-541-0800
Drinking Water 800-426-4791
Electromagnetic Fields 800-EMF-2383
Environmental Justice 800-962-6215
Hazardous Waste 800-262-7937
Indoor Air Quality 800-438-4318
Inspector General 202-260-4977
Internet Address http://www.epa.gov
Lead (Pb) 800-424-LEAD
Pesticides (general public) 800-858-7378
Pesticides (medical) 800-858-7377
Pollution Prevention 202-260-1023
Power Lines 800-EMF-2383
Publications 513-489-8190
Publications (general consumer) 202-260-5922
Publications (technical) 513-569-7562
Public Information Center 202-260-5922
Radon 800-SOS-RADON
RCRA 800-424-9346
Recycling 800-372-9473
Small Business 800-368-5888
Stratospheric Ozone 800-296-1996
Superfund 800-424-9346/703-603-8917
Toxics Substances 202-554-1404
Water 202-260-7786
Wastewater Treatment 800-624-8301
WasteWi$e (recycling) 800-EPA-WISE
Wetlands 800-832-7828
Contact EPA HQ toll free at 1-888-372-8255 73 Contact Region 6 toll free at 1-800-887-6063
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ACRONYMS AND DEFINITIONS
AHERA-Asbestos Hazard Emergency
Response Act
AIAC-American Indian Advisory Council
AIEO-American Indian Environmental Office
AIO-Americans for Indian Opportunity
AISES-American Indian Science &
Engineering Society
ANV-Alaskan Native Village
AO-Administrative Order
AQM-Air Quality Monitoring
ASHAA-Asbestos School Hazard Abatement
Act
BIA-Bureau of Indian Affairs
BODS-Measurement of oxygen required for
bio-
chemical degradation of organic matter and
oxygen used in oxidizing inorganic material in
water (usually wastewater or receiving water
sample).
C&T-Certif ication and Training
CAA-Clean Air Act
CEPPO-Chemical Emergency Preparedness
and Prevention Office
CERCLA-Comprehensive Environmental
Response, Compensation and Liability Act;
also known as Superf und.
CERT-Council of Energy Resource Tribes
CFR-Code of Federal Regulations
CR-Circuit Rider
CWA-Clean Water Act
DBP-Disinfection By-Product
D/I-Direct Implementation
DOI-Department of Interior
DMR-Discharge Monitoring Report
EE-Environmental Education
EIS-Environmental Impact Statement
EPA-Environmental Protection Agency
EPCRA-Emergency Planning Community Right
To Know Act
FEMA-Federal Emergency Management
Agency
FIFRA-Federal Insecticide, Fungicide, and
Rodenticide Act
FY-Fiscal Year (October 1-September 30)
SIS-(5eographic Information System
SWP-(5round Water Protection
HMTUSA-Hazard Materials Transportation
Uniform Safety Act
HWM-Hazardous Waste Management
lAS-Inter-agency Agreement
ISA-Inter-governmental Agreement
IMS-Indian Health Service
ILAWS-Indian Law Attorney Work Group
IOC-Inorganic Chemical
IPA-Inter-governmental Personnel
Agreement
IRAA-Indoor Radon Abatement Act
ISA-Indian Set-Aside
IWS-Indian Work Sroup
LCCA-Lead Contamination Control Act
LEA-Local Education Agency
LEPC-Local Emergency Planning Committee,
established under SARA
LUST-Leaking Underground Storage Tank
MOA-Memorandum of Agreement
MOU-Memorandum of Understanding
MCL-Maximum Contaminant Level
NCAI-National Congress of American
Indians
NEPA-National Environmental Policy Act
NESHAP-National Emissions Standards
Hazardous Air Pollutants
NPDES-National Pollution Discharge
Elimination System
NPDWR-National Primary Drinking Water
Regulation
NPL-National Priority List
NPS-Nonpoint Source
NTEC-National Tribal Environmental Council
NTNC-Non-transient non-community
Contact EPA HQ toll free at 1-888-372-8255
74
Contact Region 6 toll free at 1-800-887-6063
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O&M-Operation and Maintenance
OSHA-Occupational Safety and Health
Administration
pH-A measurement of hydrogen ion in a
compound; determines whether a compound is
"acidic" or "basic".
PHS-Public Health Service
PPIS-Pollution Prevention Incentives to
States
PRP-Potentially Responsible Party
PWS-Public Water System
RA-Regional Administrator
RCRA-Resource Conservation and Recovery
Act
RNAO-Regional Native American Office
RRT-Regional Response Team
RTOC-Regional Tribal Operations Committee
SARA-Superfund Amendments and
Reauthorization Act
SDWA-Safe Drinking Water Act
SEE-Senior Environmental Employee
SERC-State Emergency Response Commission
SIC-Standard Industrial Classification
SLR-State/Local Relations
SMCRA-Surface Mining Control and
Reclamation Act
SMF-Standardized Monitoring Framework
SOC-Synthetic Organic Chemical (non-
volatile)
SSA-Sole Source Aquifer
SWM-Solid Waste Management
T/A-Technical Assistance
TAS-Treatment in a manner similar to a
State
TCLP-Toxicity Characteristic Leaching
Procedure
TCTF-Tribal Capacity Task Force
TERC-Tribal Emergency Response
Commission
TIP-Tribal Implementation Plan
TOC-Tribal Operations Committee
TRI-Toxic Release Inventory
TSCA-Toxic Substances Control Act
TWQS-Tribal Water Quality Standards
UIC-Underground Injection Control
USDA-US Department of Agriculture
USDW-Underground Sources of Drinking
Water
VOC-Volatile Organic Chemical
WHP-Wellhead Protection
WQM-Water Quality Management
WQS-Water Quality Standards
WWTF-Wastewater Treatment Facility
Contact EPA HQ toll free at 1-888-372-8255
75
Contact Region 6 toll free at 1-800-887-6063
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Contact EPA HQ toll free at 1-888-372-8255 76 Contact Region 6 toll free at 1-800-887-6063
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Tribal Grant Opportunities - Synopsis
United States Environmental Protection Agency Region 6 - 1445 Ross Avenue, Dallas, TX
75202-2733. 1-800-887-6063
Grant
Program
Purpose
Eligible
Applicant
s
Award
Amount
Awarded
in FY 98
Matching
Share
Key
Dates:
Environmental
Justice
(EJ)
To assist eligible
groups that are
working on or plan
to carry out
projects to address
environmental
justice issues.
Any affected
community group,
church, school, non-
profit organization,
university, or
Federally-
recognized Tribe.
Organizations must
be incorporated.
Up to $20,000 per
grant
about $200,000
regionally
No matching share
required.
Call for dates
Environmental
Justice through
Pollution Prevention
(EJP2)
To empower low
income, minority
communities
through education
on environmental
issues and provide
pollution prevention
resources for
addressing these
issues.
Any nonprofit
organization
incorporated under
IRS tax code
501(c)(3), Federally-
recognized Tribe,
state, or local
government
organization.
Up to $100,000 per
grant
None for not-f or-
prof its or Tribes;
25% for state of
local government.
Call for dates
Due in April
Selected in August
Pollution Prevention
Incentives for
States and Tribes
To build and support
pollution prevention
(P2) capabilities and
to test innovative
pollution prevention
approaches and
methodologies.
State agencies,
Federally-
recognized Tribes,
territories &
possessions.
Up to $490,000 per
grant over 3 years
$5,000,000
nationally
50% matching
required.
Call for dates
Due in January
Selected in
February
Brownfields
Assessment
Demonstration
Pilots
To empower States,
communities, and
other stakeholders
in economic
redevelopment to
work together to
prevent, assess,
safely cleanup, and
sustainably reuse
brownf ields.
States, cities,
towns, counties,
territories, & Tribes
are eligible to apply.
Up to $200,000
over 2 years
No matching share
required.
Call for dates
Air Pollution
Control Program
To support and
promote air quality
protection
programs. Priority
is given to areas
with existing
violations of the
national ambient
Air Quality
Standards.
States, Federally-
recognized Tribes,
and tribal non-
profit organizations
as described in
§103 and 105 of
the Clean Air Act
Varies
$2,000,000
regionally
5% for §103 grants
40% for §105
grants
Call for dates
Awarded by
September 30
77
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Priorities
Projects must
include one or
more::
1) Facilitate
communication &
info exchange and
create partnerships
among stakeholders
to address
disproportionate,
high & adverse
environmental
exposure.
2) Build community
capacity to identify
local environmental
justice problems &
involve the
community in the
design and
implementation of
activities to address
these concerns.
3) Enhance
community
understanding of
and access to
environmental and
public health
information systems
(e.g. Toxic Release
Inventory and
Geographic
Information
Systems).
4) Develop and
demonstrate a
practice or method
that addresses an
EJ issue.
! Projects by
community based
organizations & loca
governments that
improve the
environmental
quality of affected
communities using
pollution prevention
as a primary
solution.
! Proposals that
encourage
institutionalization
& innovative use of
pollution prevention
as the preferred
approach for
addressing
environmental
justice issues, &
whose activities and
products can be
supplied to other
communities.
! Funds must be
used for programs
that prevent the
transfer of
pollutants across all
environmental
media.
! Funded activities
might include:
direct technical
help to businesses,
collecting and
analyzing data,
conducting outreach
activities and
identifying
regulatory and non-
regulatory barriers
& incentives to
pollution prevention.
! Partnerships
between State
agencies and other
P2 assistance
providers are
encouraged.
! Pilots test cleanup
and redevelopment
planning models,
direct efforts
toward removing
regulatory barriers
without sacrificing
protectiveness, and
facilitate cleanup
and development
efforts at the
federal, state and
local level.
! Encourages
community groups,
investors, lenders,
developers, & other
parties to jointly
develop solutions to
assess & clean up
contaminated sites
for re-use.
Projects could
include air quality
monitoring efforts,
enforcement of air
pollution control
regulations,
development of air
quality plans
(including pollution
prevention plans)
and regulations to
address violations
of the ambient air
quality health
standards,
administrative
costs for operating
an air quality
program, and
implementation of
air quality control
measures and
programs. Also,
monies may be
granted to initiate
tribal air pollution
enforcement
programs, to
determine
contribution and
control options for
major stationary
sources, and to
develop air quality
ordinances and
Tribal
Implementation
Plans.
78
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EPA R6
Contact
Person
Phone
E-Mail
Address
Shirley Augurson
Compliance
Assurance &
Enforcement
Division
214-665-7401
augurson.shirley@ep
a.gov
Joy Campbell
Compliance
Assurance &
Enforcement
Division
214-665-8036
campbell.joy@epa.go
V
Eli Martinez
Compliance
Assurance &
Enforcement
Division
214-665-6568
martinez.eli@epa.go
V
Stan Hitt
Superf und Division
214-665-6739
hitt.stan@epa.gov
Dick Thomas
Multimedia Planning
and Permitting
Division
214-665-8528
thomas.richardm@e
pa.gov
Summer 1998
Tribal Grant Opportunities - Synopsis
United States Environmental Protection Agency Region 6 - 1445 Ross Avenue, Dallas, TX 75202-2733,
1-800-887-6063
Grant
Program
Purpose
Eligible
Applican
ts
Climate Change
Action Plan
To focus on source
reduction,
recycling and
composting that
furthers goals
contained in
State/local
Government
Climate Change
Mitigation Plans.
States, Tribes,
local governments,
and incorporated
non-profits
Superfund
Technical
Assistance Grants
(TAGs)
To enable
communities
affected by a site
on the Superfund
National Priorities
List (NPL) to
obtain technical
assistance in
interpreting
information
regarding the site.
Groups must be
located near or
affected by a site
that is either
proposed for or on
the National
Priorities List. All
groups must be
incorporated as
nonprofit
organizations.
Sustainable
Development
Challenge Grants
(SDCG)
To encourage
sustainable
development
efforts that
protect the local
environment &
conserve natural
resources while
supporting a
healthy economy
and an improved
quality of life.
-Incorporated non-
profits
- Local
governments (cities
and counties)
- Tribes
- Educational
Institutions
- States,
Territories, and
Possessions
Environmental
Education
(EE)
To provide
financial support
for projects
which design,
demonstrate or
disseminate
environmental
education
practices,
methods or
techniques.
Local, tribal, or
state education
agencies, colleges
& universities,
non-profit
organizations,
state
environmental
agencies, & non-
commercial
educational
broadcasting
agencies.
General
Assistance
Program
(GAP)
To support Tribe's
ability to build
capacity to
administer
environmental
regulator
programs in
Indian Country
and provide
technical
assistance in the
development of
multi-media
programs
Federally-
recognized Tribes
and inter-tribal
consortia
79
-------
Award
Amount
Awarde
d in FY
98
Matchin
g Share
Key
Dates:
$10,000-
$200,000
Formal program
began in FY96
20% match
required
Call for dates
Up to $50,000 per
site annually
20% match
required
Applications may
be submitted
after a site is
proposed for
listing on the NPL.
No minimum
$5,000,000
nationally
20% match
required
Call for dates
Up to $25,000
EPAR6
$25,001-
$250,000 HQ
25% match
required.
Call for dates
Minimum of
$75,000 for the
initial grant year.
$5,088,763
regionally
No match
required
Call for dates
Due March
Selection May
Award September
Contact EPA HQ toll free at 1-888-372-8255
80
Contact Region 6 toll free at 1-800-887-6063
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Prioritie
s
EPA R6
Contact
Person
Emphasis placed on
measurability of
projects, in terms
of volumes of
waste reduced to
be translated into
greenhouse gas
reductions.
Patrick Kelly
Multimedia
Planning and
Permitting Division
! Because only one
grant is available
for each NPL site,
EPA encourages
groups to
consolidate in
order to provide
technical
assistance to the
most widely
representative
group of
individuals
possible.
! To this end, EPA
notifies the
community via a
public notice in the
local newspaper if
an application is
received from an
eligible group.
Beverly Negri
Superf und Division
EPA is looking for
projects that:
! use proactive,
innovative
approaches to
project the
environment while
providing economic
benefits.
! are supported by
and involve diverse
interests in the
community.
! have measurable
environmental and
economic results.
! foster long-term
investments in local
sustainability
efforts.
Karen Alvarez
Multimedia Planning
and Permitting
Division
Demonstrate how
the proposed
project is new or
improved, has the
potential for wide
applica-tion and
addresses a high
priority environ-
mental issue.
Focus on ONE of
the following:
! improve
environmental
education
teaching skills;
! educate
teachers,
students or the
public about
human health
problems;
! build capacity to
develop
environmental
education
programs;
! promote
environmental
careers among
students;
! educate the
public through a
community-based
organization; or
through print and
other media;
! educate low
income or
culturally-diverse
audiences about
environmental
issues.
Jo Taylor
Office of
External Affairs
GAP offers Tribes
the opportunity to
develop an
integrated
environmental
program, develop
the capability to
manage specific
programs and
establish a core
program for
environmental
protection.
! Environmental
Assessment
! Strategic Plan
! Administrative
and legal
infrastructure
! Tribal
Environmental
Agreement
! Internet access
J. Paul Whitley
Office of
External Affairs
-------
Phone
E-mail
Address
214-665-7316
kelly.patrick@epa.
gov
214-665-8157
negri.beverly@epa.
gov
214-665-7273
alvarez.karen@epa.
gov
214-665-2204
taylor.jo@epa.gov
214-665-7454
whitley.paul@epa.
gov
Tribal Grant Opportunities - Synopsis
United States Environmental Protection Agency Region 6 - 1445 Ross Avenue, Dallas, TX 75202-2733,
1-800-887-6063
Grant
Program
Purpose
Eligible
Applicant
s
Award
Amount
Awarded
in FY 98
Matching
Share
Solid Waste
Management
Assistance
(SWMA)
To promote the
coordination of
research,
investigations,
experiments,
training,
demonstrations,
surveys, public
education programs,
and studies relating
to effective
integrated solid
waste management.
State agencies and
Federally-
recognized Tribes
Typically $10,000-
40,000
Water Quality
(Watershed)
To create and
enhance watershed
protection, monitor
and assess, and
create a Nonpoint
Source Assessment
and Management
Plan.
CWA §104(b)(3)
Variable
$14,000,000
nationally
$180,500 regionally
5% match required
Wetlands
Development Grants
To protect, enhance
and restore wetlands
and associated
aquatic ecosystems.
(Srant funds must be
directed toward
activities that result
in new wetland
protection programs
or progress in exiting
programs.
Generally, state and
tribal agencies, but
this has been
expanded for local
projects to include
local governments,
conservation
districts, non-profits
and others.
Variable
$15,000,000
nationally
$1,400,000
regionally
25% match required.
Nonpoint Source
Water Pollution
Control
To control and
prevent water
quality impacts due
to nonpoint source
pollution.
Treatment in a
manner similar to
state approval is
required.
Non-profits, local
governments,
Tribes, special
districts,
educational
institutions, and
State agencies.
Variable
$350,000
nationally
40% match
required.
Water Pollution
Control
To administer
programs for the
prevention,
reduction, and
elimination of
water pollution.
Treatment in a
manner similar to
state approval is
required.
CWA §106
State agencies and
Federally-
recognized Tribes.
Variable
$14,790,000
nationally
$1,140,000
retionally
5% match required
Contact EPA HQ toll free at 1-888-372-8255 82
Contact Region 6 toll free at 1-800-887-6063
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Key
Dotes
Priorities
EPA R6
Contact
Phone
E-Mail
Address
Call for dates
Encourages the
development of
innovative processes
for realizing
integrated
waste management.
Funded activities
might include
source reduction,
reuse, recycling, or
composting
demonstration or
educational
projects.
Partnerships are
encouraged.
Measurable results
elated to waste
reduction and
resource
conservation are
required.
Anan Tanbouz
Multimedia Planning
and Permitting
Division
214-665-8195
tanbouz.anan@epa.g
ov
Call for dates
Awarded on July 1
Steffanie Crossland
Water Quality
Protection Division
214-665-6684
crossland.steffanie
@
epa.gov
Call for dates
Awarded by
September 30
! Wetland/Watershe
d protection
demonstration
projects
! River corridor and
wetland restoration
projects
! Wetland
conservation plans
! Regulatory
programs
! Assessment and
monitoring
! Wetland
assessment models
! American Wetlands
Month activities
Carmen Assunto
Water Quality
Protection Division
214-665-8185
assunto.carmen@epa.
gov
Varies
! Solving priority
water quality
problems and/or
protecting high
quality waters.
! Comprehensive
local watershed
management
! Enhancing aquatic
and riparian
ecosystems
! Public education
and outreach
! Collaboration and
coordination among
multiple interests
! Volunteer
monitoring
A tribe must have
an EPA approved
nonpoint source
assessment report
and management
program identified
in CWA §319.
Len Pardee
Water Quality
Protection Division
214-665-8086
pardee. len@epa.gov
Call for dates
Awarded by July 1
! Monitoring
! Developing and
revising water
quality standards
! Supporting water
quality planning and
program
development
! planning for
nonpoint source
programs
Steffanie
Crossland
Water Quality
Protection Division
214-665-6684
crossland.steffanie
@
epa.gov
Tribal Grant Opportunities - Synopsis
United States Environmental Protection Agency Region 6 - 1445 Ross Avenue, Dallas, TX 75202-2733,
83
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1-800-887-6063
Grant
Progra
m
Purpos
e
Safe Drinking
Water State
Revolving Fund
A new low
interest- loan
program
established by
the Safe
Drinking Water
State Act of
1996 to provide
loans to ensure
that drinking
water remains
safe and
affordable.
States will
administer the
program and may
provide loan
subsidies and
loan forgiveness
to
disadvantaged
communities. In
addition, States
may use a
portion of these
funds for
prevention
programs and
projects that
address source
water
protection,
wellhead
protection, and
capacity
development.
Water Quality
Assessment &
Planning
Established by
the federal
Clean Water Act
§205/§604,
these funds will
support water
quality
assessment and
planning
projects which
will lead to
implementable
actions that
promote healthy
aquatic
ecosystems.
Contact EPA HQ toll free at 1-888-372-8255 84
Contact Region 6 toll free at 1-800-887-6063
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Eligible
Applied
nts
Award
Amoun
t
Award
ed in
FY 98
Matchi-
ng
Share
Key
Dates:
Prioriti
es
Community
water systems
and non-profit
non-community
water systems
are eligible.
$25,000,000 to
$60,000,000
$38,000,000 in
FY97
20% match
required
Varies
! Increase use
of loans for
innovative
projects that
address
nonpoint
source
pollution.
! States will
annually
prepare
intended use
plans
identifying
eligible
projects.
State Water
Quality Program
Agencies with
pass through to
regional public
comprehensive
planning
organizations.
$115,000 to
$350,000
$1,361,000 in
FY97
Varies
Varies
! An important
goal of this
funding
program is to
support
projects
which foster
local
watershed
management
efforts that
protect and
enhance
environmenta
1 conditions.
Contact EPA HQ toll free at 1-888-372-8255 85
Contact Region 6 toll free at 1-800-887-6063
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EPA
R6
Contac
t
Phone
E-mail
Add res
s
Walter Biggins
Water Quality
Protection
Division
214-665-6656
biggins.walter@e
pa.gov
?
Water Division
214-665-xxxx
@epa.gov
Summer 1998
MAJOR LAWS ADMINISTERED BY EPA
Statute
Provisions
Asbestos School Hazard Abatement Authorizes EPA to establish a comprehensive regulatory Act and Asbestos
Hazard Emergency Response framework for controlling asbestos hazards in schools.
Clean Air Act
Clean Water Act
Comprehensive Environmental
Authorizes EPA to set emissions standards to limit the release of
criteria pollutants and hazardous air pollutants.
Requires EPA to establish a list of water pollutants and set standards.
Requires EPA to designate hazardous substances that can present
Response, Compensation, and Liability Act substantial danger and authorizes the cleanup of contaminated sites.
Emergency Planning and Community
Right-to-Know Act
Requires States to develop programs for responding to hazardous
chemical releases and requires industries to report on the presence
and release of certain hazardous substances.
Environmental Research, Develop-
ment, and Demonstration Act
Federal Food, Drug, and
Cosmetic Act
Federal Insecticide, Fungicide,
and Rodenticide Act
Marine Protection, Research, and
Sanctuaries Act
Authorizes all EPA research and development programs.
Authorizes EPA, in cooperation with FDA, to establish tolerance levels
for pesticide
residues on food.
Authorizes EPA to register all pesticides, specify the terms and
conditions of their use, and remove unreasonable hazardous
pesticides from the market place.
Regulates ocean dumping of toxic contaminants.
National Environmental Education Act
National Environmental Policy Act
Provides for a program of education on the environment through
activities in schools and related educational activities, and to
encourage students to pursue careers related to the environment.
Provides a national policy requiring environmental impact statements
Contact EPA HQ toll free at 1-888-372-8255
86
Contact Region 6 toll free at 1-800-887-6063
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describing potentially adverse effects of, and alternatives to, any
major Federal action. Established the Council on Environmental
Quality.
Oil Pollution Act of 1990 Makes EPA responsible for oil spill prevention, preparedness, response,
and enforcement activities associated with non-transportation related
onshore oil facilities.
Pollution Prevention Act Provides that pollution should be prevented or reduced at the source,
recycled safely when not preventable, treated safely when not
preventable or recyclable, or disposed of in a safe manner.
Resource Conservation and Recovery Authorizes EPA to identify hazardous wastes and regulate their
Act and Solid Waste Disposal Act generation, transportation, treatment, storage, and disposal.
Safe Drinking Water Act Requires EPA to set drinking water standards to protect public health
from hazardous substances.
Toxic Substances Control Act Requires EPA notification of any new chemical prior to its
manufacture and authorizes EPA to regulate its production,
use, or disposal.
Contact EPA HQ toll free at 1-888-372-8255 87 Contact Region 6 toll free at 1-800-887-6063
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