TD8115H176 HAZARDOUS WASTE SITES ON INDIAN LANDS Reoort to Conqress un:ler Section 126(c) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by-the Superfund Amendments and Reauthorization Act of Office of Emergency and Remedial Response U.S. Environmental Protection Agency November 1987 U S. Environmental Protection Agency Region 5 Library (PL-12J) ^WeetJackeon Blvd., 12ft Floor Chicago, IL 60604-3590 ------- CONTENTS Paqe 1 . INTRODUCTION 1 2 . BACKGROUND 3 2 . 1 The Suoerfund Program 3 2.2 Superfun^ and Indian Lands 4 3. STUDY OF HAZARDOUS WASTE SITE PROBLEMS ON INDIAN LANDS.. & 3 . 1 Apnroach 6 3.2 Overview of Findings 8 3.3 Analysis of Findings 10 3.4 Conclusions 12 4. PROGRAM COMMITMENTS AMD RECOMMENDATIONS 15 4. 1 Program Commitments 15 4.2 Recommendations on Program Needs of Tribes 17 Appendix A: Reservations Participating in CERT Study Aonendix Br CERT Questionnaire ------- -1- 1. INTRODUCTION Section 12G(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1930, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), is a new Section on Indian tribes, which includes the following requirement: (c) Study.--The President shall conduct a survey, in consultation with the Indian tribes, to determine the extent oc hazardous waste sites on Indian lands. Such survey shall be included within a report which shall make recommendations on the orogram needs of tribes under this Act, with particular emphasis on how tribal oarticioation in the administration of such programs can be maximized. Such report shall be submitted to Congress along with the President's bu-lget request for fiscal year 1938. This report, which was developed in consultation with the Bureau of Indian Affairs, U.S. Deoartment o^ the Interior, is being submitted to Congress by the U.S. Environmental Protection Agency (EPA) in fulfillment of this requirement. The report discusses a survey of hazardous waste sites on Indian lands that provides an indication of the extent o^ the problem. The report also describes follow-up actions that EPA will undertake to enhance tribal participation in further defining this problem. These follow-up actions will include an education and outreach program to the tribes that should result in an in- ventory of sites on Indian lands, and that will also provide a mechanism for oractical responses to problems when they are identi fied. ------- -2- This reoort is based larqely on data from an ^PA-funded study completed in July 1985 by the Council of Energy Resource Tribes (CERT) in consultation with Indian tribes.1 The CERT study, as explains 1 below, was limited in scope and extended o.ily to a samole o~ Indian lands located primarily near metropolitan areas. Due to the brieF time between the enactment of SARA in October, 1986 and the date by which submittal of this report was required, EPA did not feel it was oossible to conduct a new survey. The report is organized into four chapters. Chaoter 2 provides background on the Superfund program and explains the status accorded Indian Lands under the Federal system. Chapter 3 describes the findings of the CERT study on the extent of the hazardous waste site problem on Indian lands. Chapter 4 presents recommendations on program needs of Indian tribes and commitments on the part of the Agency to address those needs. ^Council of Energy Resource Tribes, "Inventory of Hazardous V'aste Generators and Sites on Selected Indian Reservations," July 199?. ------- -3- 2 . ACKGROUND The Superfund orogram was established by th-s Comorehensive Environmental -Response, Compensation, and Liability Act o^ 1980 (CERCLA). CERCLA authorizes the government to r^siond to releases of hazardous substances, oollutants, or contaminants that threaten public health and the environment. It also establishes a reim- bursable fund, based largely on special taxes, to finance such response actions. Although the Superfund orogram is commonly associated with cleanups of abandoned toxic waste disposal sites, CEPCLA authorizes a broad range of responses to any release of a hazardous substance into the environment, including sudden soills or discharges. The enactment of the Superfund Amendments and Reauthorization Act of 1986 (SARA) reauthorized the Superfuni Drogram and amended the CERCLA authorities under which it operates. Primary responsibility for administering the Superfund pro- gram at the Federal level is delegated to the U.S. Environmental Protection Agency (EPA). Under CERCLA, however, States may conduct response actions in the place of the Federal Government. States are generally accorded, an important role in any response action, regardless of whether they conduct the action- they must cover a share of the cost of the action, and they must provide certain assurances regarding site maintenance and the availability of off-site disposal facilities for hazardous substances. As the first step in identifying releases in neel of response, EPA maintains an inventory of potential hazardous waste sites called ------- -4- the "Comprehensive Fnvi roma T-..H I Response, Compensation, and Liability Information System" (CERCLIS). The CERCLIS inventory is based on reports from State and local officials, industry, and the general public of sites where hazardous wastes may have been disposed improperly, possibly presenting risks to human health and the environment. ^ach such report is checked by means of a preliminary assessment of the site to determine whether follow- un action is necessary. Those sites that present relatively the greatest hazards to public health and the environment are identified as national oriorities and are eliaible for a full-scale remedial response under Superfund. There are, at present, some 27,000 sites in CERCLIS, some of which are very likely to be located on Indian land. EPA is in the process of sorting the CERCLA data base to determine the number and location of sites that are on or adjacent to Indian lands. At present, five response activities are being conducte 1 on or adjacent to known Indian lands. As part of the general public, Indian tribal members can report releases on Indian lanls to the "hot line" number in the appropriate EPA regional office. 2 . 2 SUPERFUND_AND_INDI_AN_LANDS Indian tribes and Indian lands have special status in the United States' Federal system. Courts have generally characterized Indian tribes as independent entities with inherent powers of self-government subject only to the powers of Congress. In consequence, while Federal law applies to Indian lands, Indian lands are aenerally independent of the regulatory Jurisdiction of the States within whose boundaries they lie. ------- -5- The majority of Indian lands today consist OF reservation land held in trust for tribes by the Federal Government. There ara currently 278 Federal Indian reservations in the United States, with a total population of about 362,000 persons, roughly half of whoTi are Indians. These reservations cover an area of about 54 million acres, which is equal to the combined land area of the Mew England States, New Jersey, and Maryland. At present, about 39 million acres are held in trust by the Federal Government for tribes; another 10 million acres are held in trust by the Federal Government for individual Indians.2 As enacted, CERCLA did not establish an explicit role for Indian tribes in the Superfund program or define the status of Indian lands with respect to Superfund actions. Section 207 of SARA, however, amended CERCLA to afford "the governing body of an Indian tribe . . . substantially the same treatment as a State" in many respects under the Sunerfund program. -* The status of Indian tribes differs from that of States principally in that tribes are exempt from the statutory assurances required before a Fund-financed remedial action can proceed. As explained in ^Source: Bureau of Indian Affairs, Department of the Interior Data are- as of December 1985 . CERCLA Section 12S, as amended, Indian lands cannot be strictly equated with reservation lands. For example, an Indian tribe may own land outside the exterior boundaries of its reservation. Moreover, the Federal public lands which Alaska native villages are entitled to select pursuant to the Alaska Native Claims Settlement Act (Act of December 13, 1971, 35 stat. 688, 43 USC Section 1601, at seq. (1986)), and which, in fact, have been selected, do not constitute reservation lands. The report discusses reservations rather than Indian lands be- cause there is no data available on Indian lands oer se. ------- -6- Chapter 4 below, EPA has developed ooLicies and procedures to clarify the role accorded Indian tribes under these new authorities and to assist Indian tribes in participating in the Superfund program. ------- -7- 3- STUDY OF HAZARDOUS WASTE SITE PROBLEMS ON INDIAN LANDS This chapter of the renort presents the findings of the Council of Energy Resource Tribes (CERT) study of 25 reserva- tions, supplemented by data from additional sources, to provide an indication of the possible numbers of hazardous waste sites presenting risks to public health and the environment on Indian lands. 3 . 1 APPROACH Because time did not permit conducting a new survey, available data had to be used to fulfill the Congressional directive to •determine the extent of hazardous waste sites on Indian lands. The only national survey specifically of hazardous waste sites on Indian lands is the Council of Energy Resource Tribes (CERT) study, "Inventory of Hazardous Waste Generators and Sites on Selected Indian Reservations." As noted, this study is not comprehensive, an~l there are substantial gaps in its data. Several additional sources were tapped to supplement, to the extent possible, the CERT study. Completed in July 19S5 and funded by EPA, the CERT study orovides data on the number of hazardous waste generators and disposal sites on a sample of 25 Indian reservations located near metropolitan areas.4 These reservations are dispersed throughout the continental United States and intended to be representative. Detailed hazardous waste questionnaires were sent to the 25 •^Appendix A contains a list of these reservations. ------- -8- reservations selected by CF.RT (see Appendix A) r written or verbal responses were received from each. To heighten understanding of the purnose of the study an1 of hazardous waste issues in general, CERT formed a tribal working group that consisted of representatives of the participating tribes. This group met for a two-day workshop orior to the distribution of the questionnaire. The members of the tribal workgroup were responsible for obtaining responses to the questionnaire for their respective reservations. Some Indian tribes thus were directly involved in conducting this study. The questionnaires requested information on the following topics: o The general oerceptions of the tribe about hazardous waste issues on the reservation: o The identity and a description of each known or suspected hazardous waste storage or disposal site on or near the reservation; and o The identity and a description of each hazardous waste generator on or near the reservation. Additional data for the CERT study were obtained from EPA's CERCLIS data base, as well as from EPA's data base of hazardous waste generators and treatment, storage, or disposal facilities with interim regulatory status under the Resource Conservation and Recovery Act (RCRA). Only limited data were available to supplement those in the CERT study. One source consulted was the "Survey of American Indi an Environmental Protection Needs on Reservation Lands: 1986,"^ ^Office of Federal Activities, U.S. Environmental °rotection Agency, "Survey of .American Indian Environmental Protection JTeeds on Reservation Lands: 1986," prepared by Americans for Indian Opportunity, September 1986. ------- -9- prepared by Americans for Indian Opportunity with FPA fundina. This survey is a general assessment of multi-media environmental protection needs on Federal Indian reservations; it provides some data on notential abandoned hazardous waste sites at 48 Indian reservations throughout the country. To aid in interpreting these data sources, interviews were held, in person or by telephone, with the author of the CFRT study, officials in the Department of the Interior's Bureau of Indian Affairs, and several representatives of Indian tribes. 3.2 OVERVI_EW_OF_FINDINGS The CERT study reported a total of 1,196 hazardous waste generator, storage, and disposal sites on or near the 25 reservations included in the survey. Of the 1,196 sites, 65 are actually on Indian reservations (as explained more fully below, the renorts in the CERT data base include sites near, but not on, reservations). Over half of the reported sites are derived from an EPA data base of facilities subject to regulation under the Resource Conservation and Recovery Act (RCRA). A sizeable fraction (467) of the sites are already included in CERCLIS, EPA's inventory of potential hazardous waste sites due for assessment under Superfund. Six of the 1,196 potential sites identified in the CERT study were judged by CERT as clearly requiring prompt investigation: o Fort Howard Lagoons: waste disposal lagoons on or near the Oneida Reservation in Wisconsin. o Old Town of Oneida Landfill: an abandoned general use landfill located on the Oneida Reservation in Wisconsin. ------- -10- o Abandonee) Asbestos Mines and Tailings (San Carlos): open mines and tailings piles on the San Carlos Anache Reservation in Arizona- o Abandoned Asbestos Mines and Tailings (White Mountain): open nines and tailings piles on the White Mountain Apache Reservation in Arizona. o Raub Dump Site: an unlicensed dumn covering two acres on the Fort Berthold Reservation of the Three Affiliated Tribes in North Dakota. o Masonite/Mescat Site: soil contamination at the site of an abandoned forest products plant on the Hoopa Valley Reservation in California. EPA has already assessed three of these sites: Ft. Howard, Raub Dump Site, and Masonite/Mescat. A follow-up investigation is scheduled at Ft. Howard; a cleanup action will soon be conducted at the Raub Durnp Site. Preliminary assessments will be completed on the San Carlos, White Mountain, and Old Oneida Landfill sites before January 19RQ. The Denartment of the Interior's Bureau of Indian Affairs (BIA) confirms that there are potential hazardous waste sites on other Indian lands. BIA has identified 34 potential sites where the oresence of hazardous substances is suspected and investigation is needed. Twenty-four of these sites are on reservations not included in the CERT study. BIA is nerforming 14 preliminary assessments and three follow-up site inspections at these sites in FY 1987. In addition, there are five sites on or near Indian lands on the National Priorities List (NPL) where Superfund financed activities are being conducted.^ ^These five sites are Commencement Bay, W°L; United Nuclear, MM: Tar Creek, OK: Tucson Airport, AZ; and Celtor Chemical Works, CA. ------- -11- 3.3 ANALYSIS_OF_FINDINGS Although it is impossible, prior to further investigation, to determine the precise number of hazardous waste sites requiring resoonse on the 25 reservations in the CERT study, it is certain that this number will be much smaller than the 1,196 reports in the study. Nationwide exnerience with the Superfund program over the past six years suggests that many reported potential hazardous waste sites have not, in reality, experienced releases of hazardous substances threatening public health and the environment. Sometime: the wastes at a reported site are found upon investigation not to be hazardous. In other cases, hazardous substances at the site have not been released into the environment. In August 1987, EPA's CERCLIS inventory included approximately 27,000 reports of potentiaJ hazardous waste sites. 7 Preliminary assessments have been conducted on 22,800 of these sites to determine whether a follow-up site in- spection and, possibly, a response action was necessary. Altogether over the past six years, about two-thirds of the preliminary assess- ments of reported sites on the CERCLIS inventory concluded that the site did not present risks to public health and the environment and did not need follow-up investigation. Based on previous experience, the Agency expects perhaps 10 percent of all sites entered into CERCLIS to be listed on the NPL. "^Source: Office of Emergency and Remedial Response, U.S. Environmental Protection Agency. ------- -12- There are, in addition, several considerations specific to the CERT study sugqesting that the numbt3r of potential hazardous waste sites on the 25 reservations is far lower than 1,1^6. The CERT data include not only sites that are on Indian lands, hut also .sites that are near reservations (i.e., within 25 miles of a reservation, or in a bordering county). Sixty-five of the reported sites are identified as being on reservation land; 30 sites are off but near the reservation (same county); 263 reported sites are not on reser- vation land or in the sane county. Ninety-eight sites are on former reservation lands in and around Tulsa, Oklahoma. The location of the remaining sites is not indicated. The CERT study includes reports of releases from operating hazardous waste storage or disposal facilities. These facilities are subject to regulation under the Resource Conservation and Recovery Act (RCRA) and must meet RCRA standards to continue in operation. Investigations of RCRA-regulated facilities to deter- mine whether releases have occurred are normally conducted under the RCRA program. If a release of hazardous substances occurs at RCRA facility, the owner or operator win be required to take cor- rective action under RCRA authorities. CERCLA response will not be necessary unless the owner or operator is unwilling or incapable of taking proper action. Consequently, even if a release of hazardous substances is confirmed and a response of some type is required, the site would not usually become the responsibility of the Suoer^und program. The CERT questionnaire (see Appendix 3) asked whether a reported site is active or inactive. Active sites are more likely to be ------- -13- subject to RCRA regulations. Although the status of 675 sites was not indicated in the reports, 465 sites were identified as active waste generator, storage, or disposal facilities. Fifty-six of the rsoorte^ sites were.identified as inactive. Thus, between 56 and 731 of the sites are inactive. In light of this factor alone, they may be candidates for follow-up investigation under the Superfund program. Twenty-four of the inactive sites were reported to be on reservations; whether the other inactive sites were on or near a reservation was not indicated. The CERT study also asked whether a site was a generator of hazardous waste, a storage facility, a disposal facility, or a facility at which more than one of these operations took place. Disposal facilities -- especially inactive ones -- may be regarded as the most likely sources of releases of hazardous substances. Over 50 percent -- 619 -- of the reported sites were identified as generators or facilities that combine generation with other operations. Of the remaining 577 reports, 498 did not indicate the operations that took place at the site. Seventy-nine sites, however, were identified as storage or disposal facilities or facilities that combine these operations (including waste treatment). Fifty-three of these 79 sites were identified as facilities solely for waste disposal. Of these 53, 12 were clearly identified as in_ active and located on a reservation. It is possible that some releases reported in the CERT study nay be addressed unler the Uranium Mill Tailings Radiation Control Act of 1973 or the Surface Mining Control and Reclamation Act of 1977. ------- -14- Determi.nat.ion of whether cleanup of a site can be conducted under laws other than Super-fund is done on a case-by-cans basis. It is possible that such determinations would further reduce the number of sites that would be addressed under Superfund authorities. 3.4 CONCLUSIONS The range of the estimates of possible sites discussed above is, of course, very large. Data from supplemental sources, in- cluding discussions with the CERT study researchers, however, suggest that the number of potential hazardous waste sites on these 25 reservations may lie, in reality, at the lower end of the range. The survey of American Indian environmental protection needs conducted by Americans for Indian Opportunity (AIO) includes some information on abandoned hazardous waste sites on reservations, although the questions on hazardous waste in this survey relate primarily to the management of wastes currently being generated. Of the 43 reservations included in the AIO survey, 15 were also included in the CERT study. The numbers of hazardous waste sites on these reservations indicated by the AIO survey are far smaller than the numbers indicated by the CERT study. For example, the CERT study identified 38 hazardous waste generators or sites on or near the Menominee Reservation. The AIO survey does not indi- cate the presence of any abandoned hazardous waste sites on the Menominae Reservation. For the Oneida Reservation, the CERT study included 176 reports of hazardous waste generators or sites. The AIO survey, however, identifies only three abandoned sites. (Included is the Old Town of Oneida Landfill, which the CERT ------- -15- study identified as requiring nromnt investigation). Representatives of Indian tribes interviewed by telephone during the preparation of this report also sugqest that the lower ends of the CERT data ranges may be most realistic. According to a representative of the Fort Berthold Reservation, for example, it is unlikely that there are any remaining hazardous waste sites in need of response on this reservation, although two sites were previously discoverer! and cleaned up. The CERT study, however, identified seven generators or sites on the Fort Berthold Reserva- tion and an additional eight nearby. In summary, the number of potential hazardous waste sites requiring investigation on the 25 reservations included in the CERT study is likely to be smaller than 1,196 because the study included active facilities as well as sites or facilities located off reservation lands. Also, national experience over the past six years indicates that a number of the potential sites nay be found, upon investigation, not to be sources of releases threat- ening public health and the environment. The CERT study clearly indicates, however, that there are potential sites in need of as- sessment on the 25 reservations included in the study, which are but a fraction of the 273 Federal Indian reservations. To these sites must be added the possibility of accidental spills or other unanticipated releases of hazardous substances, a major aspect of the nation's hazardous waste problem not reflected in study data. Most important, study data on numbers of sites do not indicate the magnitude of the risks that any one site may present to nub Lie health and the environment. In addition, should the results ------- -16- of EPA's outreach program show the magnitude of the hazardous waste problems on Indian lands to he greater than currently assumed, EPA will work to ensure adequate and proTint response actions are under- taken . ------- -17- 4. PROGRAM_COMMITMENTS_AND_RFCOMMENDATiqNS In accordance with new authorities under SARA, EPA's Superfund program has been develoning policies and procedures to maximize the participation of Indian tribes and to ensure that hazardous waste site problems on Indian lands are remedied. These ooiicies and procedures represent commitments on the part of the Agency. This chapter discusses Superfund program commitments relating to Indian lands anl, on that basis, offers recommendations on the program need of Indian tribes. 4.1 £ROGRAM_CqMM^TMENTS Policies and procedures for implementing the Superfund program are presented in the National. Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR Part 300). EPA will soon publish revisions to the NCP to reflect SARA authorities. Three' of the forthcoming revisions are of special relevance to addressing hazardous waste site problems on Indian lands: (1) a new definition of "State," (2) revisions concerning the applicability of Subpart F of the National Contingency Plan to Indian tribal governments, and (3) revisions concerning the designation of trustees for natural resources. Each is described below. Inclusion of Indian Tribes in Definition_of "State". Section 126 of CERCLA, as amended by SARA, requires the governing body of an Indian tribe to be accorded the same treatment as a State with respect to certain provisions of CERCLA. Accordingly, the defini- tion of "State" in the NCP is being revised to include Indian tribes The requirements for Indian tribes that wish to be treated as States are explained. ------- -18- ^^ F of the National ^Contingency _Pj:an toIndianTribal SARA authorizes EPA to interact with Indian tribes directly and to enter into cooperative agreements as we do with States. To demonstrate equivalency with States, an Indian tribal government must document that it: o Is Federally recognized; o Has a tribal governing body that is currently performing governmental functions to promote the health, safety, and welfare of the affected population within a defined geographic area; o Demonstrates an ability to carry out "any or all" response actions (with the exception of criminal actions) that it seeks to perform "in accordance with the criteria and priorities" established by the NfCP (pursuant to section 105(a)(8) of CERCLA) r o Demonstrates that the functions to be performed for Fund-financed response actions are within the scope of its jurisdiction? and, o Demonstrates acceptable ability to effectively administer a cooperative agreement by the existence of the anpropriate management and technical skills; by a history of successful managerial performance of public health/environmental programs; and by acceptable accounting and procurement procedures (meets the requirements of 40 CFR Parts 30 and 33). The requirements for Indian tribal government equivalency are consistent with those in other EPA programs including the Safe Drinking Water Act and those required of all recipients of Federal funds. If Federally recognized Indian tribes can demonstrate that they satisfy all the equivalency to State requirements, EPA can enter into coooerative agreements with such tribes to undertake pre-remed ial or remedial response actions at sites that are within their juris fictional boundaries. ------- -19- At a minimum, Federally recognized Indian tribal governments that are unable to meet the equivalency requirements for procure- nent (40 CFR 33) may be provided CERCLA funds via a cooperative agreement to defray • their expenses for management assistance that includes coordination and involvement during Federal-lead response. Superfund monies are used to support CERCLA activities and cannot be used to develop a recipient's capabilities for eligi- bility for cooperative agreements. At such time as the NCP revisions are proposed, EPA will provide guidance to its regional offices regarding the involvement of Indian tribal governments in Superfund activities. Designation of Trustees for Natural Resources. The amendments to CERCLA authorize an Indian tribe to bring an action for injury to, destruction of, or loss of natural resources, belonging to, manaqed by, controlled by, or appertaining to the tribe. As ex- plained in the MCP revisions, when the United States acts on behalf of a tribe, the Secretary of the Interior will function as the truste of those natural resources. 4.2 RECOMMENDATIONS ON PROGRAM NEEDS In light of the policies and procedures explained above, the following recommendations are offered to meet the Superfund program needs of Indian tribes. 1 • EPA will ojffer to^eligible tribes the opportunity to participate in arrangements to manage, or assist in the_management_ of, Superfund response actions. Such arrangements include cooperative agreements for pre-remadial activities, remedial ------- -20- actions, or both, as described above. EPA is already engaged in discussions with one tribal government to evaluate the feasibility of negotiating cooperative agreements. 2. For tribes without appropriate capabilities and/or lacking a sufficient number of sites to make a cooperative agree- ment cost-effective for both parties, EPA will conduct preliminary assessments and ,_ if neeessary, site inspections of potential s_ites_o_n_IndjLan lands_us_ing _its own resources. SARA requires a preliminary assessment by January 1, 1988, of every potential hazardous waste site in the CERCLIS inventory as of the date of enactment. Accordingly, every site on Indian lands listed in CERCLIS at that time will receive a preliminary assessment by the end of 1987. Included are the 467 potential sites reported in the CERT study that were already listed in the CERCLIS inventory. Any site on Indian land added to CERCLIS after the enactment of SARA will be assessed within one year of being listed in CERCLIS. As the numbers of potential hazardous waste sites on individual reservations may not be sufficiently great to exnect each tribe to develop the technical expertise to conduct preliminary assessments and site inspections, EPA has in place the contractual mechanisms and the in-house expertise to conduct preliminary assessments. Consequently, EPA can conduct these assessments promptly and efficiently and will do so, unless (a) a Federally recognized tribe has a sufficient number of sites on its lands and nossesses the equivalent capabilities to conduct preliminary assessments of sites on its lands, or (b) the Indian ------- -21- Services is willing and able to conduct the assessments, or (c) the Bureau of Indian Affairs plans to conduct a preliminary assessment or inspection of a site. EPA will depend upon tribes, however, to report ootential sites in need of assessment. 3. |;EA_w^l^_larj:re^_r^y^n_ex^t:u2C[_ Federal resources jto plan and to conduct response actions on Indian lands. As noted earlier, the numbers of potential hazardous waste sites on Indian lands may not be sufficiently great to expect all tribes to develop resnonse capabilities. Also, States cannot be expected. to conduct response actions where they lack jurisdiction. Thus, FPA will rely on its existing response infrastructure to plan and conduct response actions, consistent with authorities in CERCLA, as amended. As provided for in the revised NCP, however, Federally recognized tribal governments that are willing and have been determined to possess the required equivalent capabilities may be awarded cooperative agreements to take the lead in conducting response actions on their lands. ^ • Through education and outreach programs , ^P-^wi^J^hei^hten tribal understanding and awareness of hazardous waste site problems and provide information on tribal participation _in__the_Superf und progjram. Working with the Bureau of Indian Affairs, EPA will con- duct regional workshops with representatives of Indian tribes to acquaint them with potential sources of assistance in dealing with environmental problems. In addition, through its regional offices, the Agency will provide technical assistance to Indian tribes- These programs will aid Indian tribes in identifying potential hazardous waste sites in need of assessment. They will also ------- -22- provide information and assistance for reoorting future sites, with the goal of securing prompt response whenever a problem is confirmed. Accordingly, EPA will, within one year, mail information packages to all Indian tribes. These packages will contain: 0 A description and format of the minimum information needed by EPA to enter sites into CERCLIS; 0 A description of the listing and priority setting procedures to be applied to the information when it is received by EPA; and 0 An EPA contact with mailing address (for each tribe) who will coordinate the distribution of information and provide status reports. ------- APPENDIX A RESERVATIONS PARTICIPATING IN CERT SURVEY Reservation 1 . Cherokee 2. Ft. Belknap 3. Ft. Berthold 4. Ft. Hall 5. Ft. Peck 6. Hoopa Valley 7. Laguna 8. Nooksack 9. Menominee 10. Mississippi Choctaw 11. Morongo 12. Navajo 13. Nez Perce 14. Northern Cheyenne IS. Oneida 16. Passamaquoddy 17. Quapaw 18 . Rincon 19. San Carlos 20. Seminole 21. Seneca 22. Skull Valley 23. Spokane 24. Winnebago 25. White Mt. Apache State Oklahoma Montana North Dakota Idaho Montana California New Mexico Washington Wisconsin Mississippi Cali fornia Arizona Idaho Montana Wisconsin Maine Oklahoma California Arizona Florida New York Utah Washington Nebraska Arizona ------- APPENDIX B INDIAN LANDS HAZARDOUS WASTE INVENTORY L OeaenJ hfbraatioa Trlbei Contact Person:_ Address) Telephone:_ Date: Please cheek the appropriate box to Identify any potential hazardous waste on or near reservation. 2. Active hazardous waste disposal or storage sites Yes D No a 2. Inactive or abandoned hazardous waste disposal or storage sites a 3* Hazardous wastes from mining, milling or drilling 4. Industrial, agricultural, or other generators of hazardous wastes a a a a 5. Disposal of wastes from off-reservation generators/haulers D 6. Transportation of hazardous wastes across tribal land 7. Other D D Pleas* enclose a map of the reservation showing the approximate location of any potential problem area. On the map locate each hazardous waste disposal or storage area and hazardous waste generator. Complete and attach an appropriate form for each disposal site or waste generation facility. ------- IL Hazardous Waste Storage or Disposal Site Description Some waste disposal sites having potential to cause health and environmental damage are visible and obvious. Many waste handling and disposal practices are not obvious, but can be equally harmful if not properly managed. Please complete this brief description of each storage or disposal facility on or near the reservation. A. Site designation B. Is this site on or off the reservation?_ C. Is this an operating or closed site? D. Kind of storage or disposal activity_ (Examples: Active landfill/dump; storage tanks for chemicals, fertilizers, fuels, etc; disposal site for 55-gaL drums; mining waste deposit; unauthorized dump area, etc.) E, Estimate size of storage or disposal area F. Kinds of wastes which may be present (Examples: chemicals/solvents; mine tailings/silver; industrial sludge/still bottoms; waste pesticides/DDT; etc.) G. If tanks or drums are present, please estimate number_ H. Known or suspected sources of wastes L Your recommendation for action (Examples: requires immediate clean-up: needs professional study; action already underway; not an immediate problem, etc.; J. Further description or comments Please use the back of this form for additional comments. ------- r n*L Hazardous Waste Generation Facility Hazardous wastes are a by-product of m*nv necessary activities. Although we quickly think of chemical wastes (dioxin, PCB, etc.), most hazardous wastes originate from other activities. Several common sources that generate hazardous waste are listed below. Please complete this brief description for each potential source of hazardous waste on or near the reservation. A. Facility designation B. Is this facility on or off the reservation?_ C. Is this an operating or closed facility? D. Nature of hazardous waste generating facility (Examples: mining operations; milling operations, pesticide formulation or packaging; textiles industry; leather tanning & finishing; wood and timber treating; metal finishing; chemicals industry, etc.) E. Description of wastes (Please provide any known Information on the quantity and characteristics of waste substances being generated.) F. How are/were wastes disposed of? (Examples: On-site landfill; on-site incinerator; hauled elsewhere on reservation; hauled to disposal site off the reservation, etc.) G. Additional information regarding this facility which generates potentially hazardous wastes Please use the back of this form for additional comments. ------- HUE U.S. Environmental Protection Agency ^ A Region 5 Library (PL-12J) 1 77 West Jackson Blvd., 12th Floor Chicago, IL 60604-3590 ------- |