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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VII
726 MINNESOTA AVENUE
KANSAS CITY, KANSAS 66101
OFFICE OF
THE REGIONAL ADMINISTRATOR
Dear Tribal Representative:
Let us join in an effort to protect human health and the
environment in Indian Country.
The document "Everything You Wanted to Know About
Environmental Regulations But Were Afraid to Ask" has been
prepared for you as a tool to assist your Nation with its
environmental management issues. By offering technical
assistance and a framework for regulatory compliance and program
development, the Environmental Protection Agency supports the
partnership between government and the tribes to protect public
health and the environment.
We reaffirm the President's commitment to establish
government-to-government relations with tribal nations, recognize
tribal sovereignty, and fulfill federal trust responsibilities.
We understand that Tribes are stewards of their land, air
and water, and that tribal nations play a vital role in educating
the Environmental Protection Agency in valuable traditional
stewardship perspectives. Through this document, we share a
partnership in protecting the environment.
Sincerely,
Dennis Grams, P.E.
Regional Administrator
RECYCLE@
PAPEfl CONTAINS RECKCIEO FISERS
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Everything You Wanted To Know
About Environmental Regulations
But Were Afraid To Ask
A Guide For Indian Nations
May, 1995
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Preface
Thishandbook was preparedforuseby representatives of tribal communities
as a quick reference to the environmental issues facing their members. This
handbookprovidesonlyasumrnaryofbasicenvironmental information. Itisnot
a definitive statement to the specific ways in which a tribal community may assure
environmental compliance; it is a quick guide to the environmental programs that
typically apply to reservations.
The requirements and guidance presented in this handbook are based on
federal regulations and/or guidance in place in early-1995. It should be expected
that some of these requirements/guidance will change in the future.
The handbook is organized according to key program areas. After
highlighting services available to you from EPA Region 7, the handbook
explores Tribal, Cross Media, Air, Land, and Water programs. Cross media
programs are those that can reach across any of the other program areas. Region-
specific contacts, definitions/acronyms and hotlines are provided at the end of
the handbook.
This document is based on one originally prepared in 1990 bythe Midwest
Assistance Program (MAP) under contractto the U.S. Environmental Protection
Agency,Region 8. InRegionT, adecision was made to prepare a Tribal handbook
and separate handbooks for each of the four states. The following people are
responsible for the production of the Tribal handbook:
John Wilson, Tribal Liaison: Reviewed/edited first version, coordinated
development of the second version.
Kelly Beard-Tittone: Coordinated development of the first version and
produced the Pagemaker file of both versions.
Kim Olson, Region 7 Indian Program Coordinator: Reviewed/edited
second version.
BillLandis: Created art work in both versions.
u
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Table of Contents
TRIBAL PROGRAMS
AmericanlndianEnvironmental Office 1
Tribal Operations Committee 3
American Indian Advisory Council 4
Treatment-As-A-State Regulation 5
-Recognition of Tribal Sovereign Governments
General Assistance Program 8
EPA's Environmental Justice For Native American Tribal Programs 10
Environmental Justice Through Pollution Prevention 12
Office of Environmental Justice Small Grant Program 14
Environmental Scholarship Program 16
CROSS MEDIA PROGRAMS
Pollution Prevention 17
Tribal - Private Partnerships 19
SARA Title III Emergency Planning and Community Right-to
Know Act 21
Asbestos 23
Indoor Radon 26
Pesticides 28
Toxics - Lead 29
Toxics-PCB's 30
AIR PROGRAM
Clean Air Act Amendments 31
Refrigerant Recycling and the Prohibition on Venting 32
TribalAirQualityPrograms 34
OperatingPermits 35
Air Toxics 36
LAND PROGRAMS
Superfund
RCRA Hazardous Waste
S olid Waste Landfill Criteria
Underground Storage Tanks
O WATER PROGRAMS
Water and Wetlands Protection
DrinkingWater
Inorganic Chemicals
Asbestos
Fluorides
37
38
40
42
44
45
46
49
51
111
Cont'd
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Lead Material Ban
Lead and Copper
Synthetic Organic Chemicals (Non-Volatile)
Volatile Organic Chemicals
ColiformMonitoring
Surface Water Treatment Rule
Radionuclides
Disinfection and Disinfection By-Products
Public Notification
Regulatory Development Schedule
Underground Injection Control
Clean Water Act
106 Water Quality Management Planning
Nonpoint Source Pollution Control
Water Quality Standards Program
Indian Set-Aside Program
CleanLakes Program
NationalPollutant Discharge Elimination System
Secondary Treatment of Wastewater
Sewage Sludge Use and Disposal
PretreatmentRequirements
Stormwater
53
55
58
61
65
67
70
72
74
78
79
80
81
82
83
84
85
86
87
88
89
a
H"
o
.§
REGIONAL CONTACTS
TRIBAL
EPA
HOTLINES &CLEAREVGHOUSES
ACRONYMS-DEFINITIONS
90
91
93
95
IV
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EPA REGION 7 SERVICES
Toil-Free Access
Residents of tribal communities in Region 7 can call the U.S. Environmental
Protection Agency, Region 7 Environmental ActionLine, 1-800-223-0425. Duringthe
week, operators can connect you to appropriate contact persons or programs. After
hours, and on the weekend, you will be able to leave a message.
EPA Regional Library
A number of services are available to residents of Region 7 from EPA's regional
library in Kansas City, Kansas (726 Minnesota Ave.; KC, KS 66101). The library is
available for use from 9:00 a.m. to 5:00 p.m. Monday-Friday. The regional library
provides interlibrary loans through the Online Computer Library Center (OCLC), or by
using a standard American Library Association (ALA) form available through your
reservation library.
The tribal members can also access the library viathe Online Library System (OLS),
a computer catalog of EPA's library network. An information handout about OLS and
how to use it is available from the library. To contact the library, call (913) 5 51 -7241, or
(913)551-7358.
Tribal Contacts at Region 7
In addition to the toll free number list above, please contact
-Tribal Liaison:
John Wilson
(913)551-7298
- Region 7 Indian Program Coordinator:
Kim Olson (913)551-7539
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EMERGENCY RESPONSE
Region 7 operates an Emergency Response Program to receive reports and to
respond to environmental spills. The number to call is 1-816-236-3778 to reportaspill.
The phone is answered 24 hours each day. Over 4,000 such calls are received each year.
The person who answers the call will obtain as much information as possible about the
spill and will then arrange to have a Tribal or Federal agency respond to the spill, as
appropriate. The party responsible for the spill will be provided an opportunity to
participate in the response and they usually do so to limit their liability.
In addition to the Emergency Response Program, the Region performs chemical
safety inspections to help facilities reduce their chances of having a spill. During these
inspections, a team of experts examines all parts of the facility, the equipment and the
procedures in use atthe facility andthenmakes recommendations to minimize losses from
accidental releases. Many facilities request that Region 7 perform a chemical safety
inspection at their facility. Inspections are routinely done at facilities that experience
spills.
In the third part of the program, the Region provides training for first response
personnel. First response personnel are most often the local fire or police departments.
In the first responder training, information is provided on safety, communications and
contacts who can provide assistance when necessary.
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REGION 7 ORGANIZATIONAL DESIGN:
The Region's organizational structure has moved from being media-specific to a
structure that balances flexibility, innovation and common sense with the best of prior
practices. Our new structure is customer-driven while maintaining media and program
linkage with our headquarters, state and tribal partners. We envision our organization
as flexible and dynamic, and we are willingto make changes to it as we move ahead. The
new Region 7 organizational structure is made up of eight offices/divisions. A brief
overview of each of these follows:
SUPERFUND
This division will include the Superfund Emergency Response/Preparedness, Site
Assessment, Remedial, Removal, andFederal Facilities programs. The Removal program
was previously located in the Environmental Services Division. Integrating the
Superfund program into one division will increase the efficiency of our hazardous waste
clean-up program operations. This will reduce duplication of work processes,improve
communications, streamline decision-making and planning, and better align with
headquarters and state partners.
AIR/RCRA/TSCA
This division will include the Air, Resource Conservation & Recovery, Underground
Storage Tank, regulatory (other than Water) and industrial sector programs. Combining
our major regulatory programs (other than Water) into one division has provided an
opportunity for a functional approach to enforcement and compliance work and the
ability to take the lead for the Region with industrial sectors. This configuration will
provide new opportunities for working with the regulated community to design efficient,
customer-driven processes. The Pollution Prevention program serves as an advocate
forpollution prevention approaches for allRegional programs andmanages the pollution
prevention grants that the Region awards.
WATER, WETLANDS, NEPA, PESTICIDES AND ECOSYSTEMS
This division includes the Water, Wetlands, National Environmental Policy Act,
Pesticides and Ecosystems programs. It will address the Agency's ecosystem management
thrusts and increase the focus on nonpoint sources and agriculture as well as the other
current water permitting, enforcement and drinking water programs. By combining the
Water, Pesticides and Wetlands programs, we will bring together major Regional
expertise in dealing with ground and surface water issues. This will increase the emphasis
on protecting and enhancing these resources and provide sound management for future
beneficial uses.
ENFORCEMENT COORDINATION
This office will be the enforcement/compliance assurance point of contact; it will
deal with cross-cutting issues including TRI and EPCRA. This office will coordinate
regional cross-program enforcement and compliance issues, and it will serve as point of
contact for our partners and customers concerning enforcement and compliance assurance.
The targeting activities associated with TRI will be moved to this office.
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MANAGEMENT SERVICES
In support of the Region's environmental mission, the Management Services
Division provides management and administrative services while ensuring sound
stewardship of the Agency's resources. This division has lead responsibility for policy,
strategic planning, state relations (including capacity building), tribal multi-media
program coordination, budget formulation, financial implementation, contracts, grants,
facilities, human resources, health and safety, information management,computer
services, library and other administrative services (supplies, motor pool,mail, etc.).
TECHNICAL SERVICES
This division will provide scientific and data analysis expertise and services to the
regional programs. Responsibilities will include environmental accountability, developing
an expanded cross-media environmental assessment program and providing laboratory
services. Primary objectives will include: providing the best scientific results and
products to the media programs; working with the media programs as partners in
planning for and accomplishingnational goals; and exploring ways to build an expanded
environmental assessment program.
EXTERNAL PROGRAMS
This office willberesponsible for external outreach and building partnerships with
Agency customers, the states and our tribal partners. Other responsibilities will include:
mediarelations, Congressional relations, small business, small community, information
sharing, Freedom of Information Act, environmental education, and environmental
justice coordination.
LEGAL SERVICES
All attorneys will remain in a central legal office and will continue to provide legal
services and advice to the Regional Administrator, Senior Staff, managers, program and
administrative staff. Under this configuration an emphasis will be placed on the need
for balance between strong, independent legal counsel and responsive customer-driven
processes for delivery of services to the programs.
VHl
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TRIBAL PROGRAMS
AMERICAN INDIAN ENVIRONMENTAL OFFICE
The American Indian Environmental Office (AIEO), established in October of
1994 and housed in the EPA's Office of Water, 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.
The AIEO 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 Region andHQ program
offices.
The AIEO is commited to EPA's continued implementation of the 1984 Indian
Policy. It ensures that EPA maintains working 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 try to meet the Agency's
resource needs for Tribal operations.
- Coordinate with Regions and HQ program offices to develop and/or support,
in a manner consistent with applicable law and the EPA Indian Policy,
regulations, guidance and/or 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.
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-Serve as the National Program Manager for the General Assistance Program.
- Coordinate with Regions and HQ program offices to develop opportunities for
Tribes to obtain environmental management training, education and technical
assistance.
-Chair the National Indian Work Group which is made up of the HQ program
offices and RICS.
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TRIBAL PROGRAMS
TRIBAL OPERATIONS COMMITTEE
In February 1994, the EPA Administrator convened a Tribal Operations Committee
(TOC) to facilitate the government-to-government relationship between EPA and
Tribes. The purpose of the TOC is to meet regularly with EPA Senior Management as
co-regulators to provide Tribal input into EPA decision-making that affects Indian
country.
In recent years there has been an increasing awareness of the need for improved
communication and partnerships between Indian Tribes and the EPA. This has come
about due, in part, to a greater understanding by. the Tribes and EPA of the seriousness
of threats to human health and the environment within Indian country.
The TOC is composed of 19 Tribal representatives who are either Tribal Leaders
or Tribal Environmental Officials selected by the Tribes within the EPA Regions.
There are Tribal representatives from each of EPA's Regions except for Region 3 which
has no Federally recognized Tribes.
The TOC members, together with EPA Senior Management at both the HQ and
Regional levels, will work through the newly formed American Indian Environmental
Office to continue to address the environmental and human health issues within Indian
Country.
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TRIBAL PROGRAMS
AMERICAN INDIAN ADVISORY COUNCIL (AIAC)
The Environmental Protection Agency American Indian Advisory Council
(AIAC) is a Special Emphasis Program Council organized under the 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, and of the Indian Tribes for which EPA acts as trustee.
Membership is open to all employees of EPA who share AIAC's beliefs.
Objectives of the AIAC:
- To assist the U.S. 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
and of those elements that are consistent with the EPA mission.
- To promote a better understanding of employment related problems of
American Indians in order to seek solutions 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 through the sponsorship of workshops, seminars, and similar programs.
- To ensure that EPA's programs and activities are open and available to all
American Indians.
For more information, call the American Indian Employment Program Manager
at 202-260-4569, or contact the Regional Indian Program Coordinator.
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MTREATMENT-AS-A-STATE REGULATION"
Recognition of Tribal Sovereign Governments
The final rule under the Clean Water and Safe Drinking Water Acts is designed
to simplify EPA's process for qualifying Indian Tribes for program approval. It was
developed because the Agency process for approving Indian Tribes for "Treatment-
as-a-State" (TAS) under various programs has proven to be burdensome and
offensive to Tribes.
Background
The Clean Water, S afe Drinking Water and Clean Air Acts authorize EPA to treat
Indian Tribes as States for purposes of certain types of grant awards and program
authorization. The only statutory requirements are that a tribe be federally recognized,
have a governing body carrying out substantial duties and powers, and have adequate
jurisdiction and capability to carry out the proposed activities. The Agency has
promulgated regulations for implementing this authority under the Water Acts and has
proposed regulations under the Air Acts.
Changes to Existing Process
A. Elimination of Separate "TAS" Approval
None of the statutes compel the use of a formal TAS or other prequalification
process separate from approval of the request for a grant or program approval.
However, the Agency initially chose to implement provisions of the Clean Water and
Safe Drinking Water Acts by establishing a formal prequalification process under
which Tribes can seek eligibility under these statutes. Under the regulation, current
regulations would be amended to eliminate TAS review as a separate step in the
processing of a tribal application for program approval. Under the new, simplified
process, the Agency will ensure compliance with statutory requirements as an integral
process of reviewing program approval applications.
B. Minimize use of the term "Treatment-as-a-State"
The term "treatment-as-a-state" is somewhat misleading and may be offensive
to Tribes. To the extent possible, the rule amends existing regulations so as to
discontinue use of the term "treatment-as-a-state;" however, since this phrase is
included in several statutes, its continued use is somewhat necessary.
C. Establish uniform requirements for " recognition'' and'' governmental''
requirements under each statute.
As a general rule, the "recognition" and "governmental" requirements are
essentially the same under the Clean Water, Safe Drinking Water, and Clean Air Acts.
The new process will reflect this by establishing identical requirements for making this
showing under each statute. Moreover, the fact that a tribe has met the "recognition"
or "governmental functions" requirements under the Clean Air or either of the Water
Acts will establish that it meets those requirements under all three statutes.
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D. Eliminate unnecessary and/or duplicative requirements and expedite the
process regarding the establishment of tribal jurisdiction.
Because 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 (e.g., waste management on a
portion of the reservation far removed from any lakes), the new process does not
preclude the Agency from making a specific determination that a Tribe has adequate
jurisdictional authority and administrative and programmatic capability before it
approves each Tribal program.
The portion of existing regulations on jurisdictional determination under
which governments comment on tribal jurisdiction will be altered under the regulation:
(1) for approvals of all Drinking Water regulatory programs and most Clean
Water programs under existing regulations, EPA will not authorize a state to operate
a program without determining that the state has adequate authority to carry out those
actions required to run the program. This applies also to a Tribe seeking approval, and
ensures that a close analysis of the legal basis of a tribe's jurisdiction will occur before
program authorization. Accordingly, a separate TAS jurisdictional review is not
needed to verify that a tribe meets the statutory requirement, and is therefore
eliminated for all programs under the Safe Drinking Water Act, and for the Clean
Water Act's 404 and NPDES programs. This change will have the effect only of
eliminating duplicative requirements;
(2) for the Water Quality Standards program, there is no review of tribal
authority as part of the program approval process. Accordingly, for that process, a
comment process will be retained. However, the Agency emphasizes that comments
must be offered in a timely manner and specifies that where no timely comments are
offered, the Agency will conclude that there is no objection to the tribal applicant's
jurisdictional assertion.
EPA will no longer be required, by regulation, to consult with the Department
oflnterior although it may, in its discretion, seek additional information from the Tribe
or the commentingparty, and may consult as it sees fit with other federal agencies prior
to making a decision as to tribal jurisdictional authority.
To encourage the expeditious resolution of tribal jurisdictional matters, the
rule notes that once the Agency makes a jurisdictional determination in response to a
tribal application regarding any EPA program, it will ordinarily make the same
determination for other programs unless a subsequent application raises different legal
issues. By contrast, however, a determination that a Tribe has inherent jurisdiction to
regulate activities in one medium might not conclusively establish its jurisdiction over
activities in another medium.
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Under the new approval process, as under the old, the Agency will continue
to retain authority to limit its approval of a tribal application to those land areas where
the Tribe has demonstrated jurisdiction. This would allow EPA to approve the portion
of a tribal application covering certain areas, while withholding approval of the portion
of the application addressing those land areas where tribal authority has not been
satisfactorily established.
E. Establish consistency among programs and flexibility in requirements
for establishing tribal capability
EPA will continue to make a separate determination of tribal capability for each
program for which it approves a Tribe. However, the Safe Drinking Water and Clean
Water Act regulations will be amended to conform to the CWA grant regulations,
which do not specifically prescribe the material a Tribe must submit to establish
capability. Ordinarily, the inquiry EPA will make into the capability of any applicant,
Tribal or state, for a grant or program approval, would be sufficient to enable the
Agency to determine whether a Tribe meets the statutory capability requirement.
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"RIBALPROGi
GENERAL ASSISTANCE PROGRAM
The EPA Indian Environmental General Assistance Program is administered by
the American Indian Environmental Office, Office of Water under the Indian
Environmental General Assistance Program Act of 1992, Public Law 102-497, S ection
11, 42 U.S.C. 4368b, as amended, (Public Law 103-155, 11-24-93).
The objectives of the program are to provide general assistance grants to Indian
tribal governments and intertribal consortium or consortia to build capacity to
administer environmental regulatory programs on Indian lands, and provide technical
assistance from EPA to Indian tribal governments and intertribal consortia in the
development of multi-media programs to address environmental issues on Indian
lands.
Activities eligible for funding under this program are those for planning,
developing and establishing capability to implement environmental protection
programs including development of solid and hazardous waste programs. General
Assistance agreements offer the opportunity for a Tribe to develop an integrated
environmental program, develop the capability to manage specific programs and
establish a core program for environmental protection. The assistance agreements
provide the opportunity for the Tribes to define and develop administrative and legal
infrastructures, and to conduct assessments, monitoring, planning, and other actions
and to undertake additional activities within a simplified administrative framework.
The primary purpose of these assistance agreements is to supportthe development
of elements of a core environmental program, such as: providing for tribal capacity-
building to assure an environmental presence for identifying programs and projects
- including developing proposals for environmental program grants and managing
environmental work; fostering compliance with Federal environmental statutes by
developing appropriate tribal environmental programs, ordinances and services; and
establishing a communications capability to work with Federal, State, local and other
tribal environmental officials. Restriction: The principal focus of this program is on
the development of general tribal environmental capability. Assistance will be
provided under this program only for activities which the agency determines are
appropriate to carry out the purposes of the Act. No single grant awarded under this
program may be for an amount exceeding ten percent of the total annual funds
appropriated under Section (h) of the Act.
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Those eligible to receive financial assistance are Indian tribal governments and
intertribal consortia. An Indian tribal government 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 Multi-
Media Assistance Program which was offered by the Agency during Fiscal Years 1991
through 1993.
- The project period for General Assistance grants can be for 1-4 years; the
grantee can reapply if additional time is needed for capacity-building.
- New grants will be for a minimum of $75,000. Amendments to grants may be
made in amounts as are appropriate.
- Funds awarded under the grant remain available through the project term of
grant.
- The Agency's standard grant application, reporting and audit procedures apply
to the Program.
- 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.
- The Program provides for a simplified procurement process for procurements
of $25,000 and over but less than $50,000.
The applicant should consult the Regional Indian Program Coordinator,
designated as the single point of contact, for more information.
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TRIBAL PROGRAMS
EPA'S ENVIRONMENTAL JUSTICE FOR
NATIVE AMERICAN TRIBAL PROGRAMS
EPA will work with Tribes, indigenous constituents, the Tribal Operations Committee and
the National Environmental Justice Advisory Council to integrate the subsistence and Native
American provisions of the Order on environmental justice into EPA's regulations, policies,
programs and activities.
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, including 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, while environmental justice has brought renewed attention to
the environmental concerns of Native Americans, it is not meant to replace the more
than two hundred 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 encouragingthe development of Federal-Tribal environmental programs comparable
in protection to Federal-State environmental programs.
OBJECTIVES FOR NATIVE AMERICAN PROGRAMS
1) 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.
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Options for Actions:
- EPA will work with the tribes to develop comprehensive Tribal-EPA
Environmental Agreements to address program delegations, direct implementation.
and other activities to effectively protect Tribal health and environments.
- EPA will provide outreach, education, training, technical and financial
assistance to support the implementation of environmental programs, including
activities to address disproportionately high and adverse human health or environmental
effects.
- EPA will identify and work to promote funding, statutory, and regulatory
flexibility to assist Tribes in addressing environmental justice issues.
- EPA will integrate Tribal environmental issues, including concerns regarding
differential consumption patterns and cultural, religious and/or traditional uses of
natural resources, where appropriate, into EPA's regulations, guidance, policies,
programs, implementation of statutes and other activities.
2) Native American Participation: EPA will ensure the participation of interested
or affected Tribal members, organizations or other Native American and indigenous
constituents in EPA decisions and/or activities that may affect the public health or
environment of their community.
Options for Actions:
- EPA will provide outreach, education, and training to affected Native American
and indigenous constituents, including affected urban Native American communities,
Native Hawaiians, and non-Federally recognized Tribes.
- Offices and Regions will work with the Tribes to encourage public participation
as part of their Tribal environmental programs and help facilitate, where necessary,
public discussions on Tribal environmental protection.
- EPA will work to improve education and training opportunities and partnerships
with Tribal colleges.
3) 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.
Options for Actions:
- EPA will promote active participation by the Agency on Tribal issues and on
relevant interagency committees and initiatives.
- Each Office and Region will work to improve interagency cooperation and
actions for addressing tribal environmental justice issues.
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TRIBAL PROGRAMS
ENVIRONMENTAL JUSTICE THROUGH
POLLUTION PREVENTION (EJP2)
I. Scope and Purpose of the EJP2 Grant Program
The primary purpose of this grant program is to provide financial assistance to
tribal governments for projects that address environmental justice and use pollution
prevention activities as the proposed solution. This grant program is designed to fund
projects which have a direct impact on affected communities. EPA is seeking
proposals for projects that will encourage institutionalization and innovative use of
pollution prevention as the preferred approach for addressing environmental justice
issues, and whose activities and products can be applied to other communities. The
Agency also encourages cooperative efforts with business and industry 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
partnerships, or approaches to develop, evaluate, and demonstrate non-regulatory
strategies and technologies.
What is Environmental Justice?
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 and
local, and tribal programs and policies.
What is Pollution Prevention?
EPA has defined pollution prevention as "source reduction;" that is, any practice
that reduces or eliminates any pollutantprior 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 help 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
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How is Pollution Prevention Different From Other EPA Programs?
EPA programs have traditionally focused on treatment, disposal, and remediation.
These types of activities, though they are important parts of an overall environmental
managementprogram, are notpollutantprevention activities because they are concerned
with the handling and management of waste and pollutants after they have been
generated. EPA has other program funds available for recycling, treatment and
disposal initiatives including funds to support lead abatement projects and to clean up
hazardous waste sites.
What if the Project is not Pollution Prevention?
There are a number of other Agency grant programs to which interested Tribes
may apply for funding. For example, EPA also funds community-based projects
through the Environmental Justice Small Grant Program, managed out of the Office of
Environmental Justice. These projects need not focus on pollution prevention.
BE. Eligible Applicants
Who is Eligible to Apply for Funding?
May an Applicant Submit More Than One Proposal?
Eligible applicants include any Federally-recognized tribal government.
No applicant can have two grants for the same project at one time under the EJP2
grant program. 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.
All awardees must also comply with the requirements of 40 CFR Part 31
(Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments) or 40 CFR Part 30 (General Regulation for Assistance
Program for other than State and Local Governments).
Grant Amounts: Tribes seeking funds from the EJP2 grants can request up to
$100,000.
Cost Share Requirements: Organizations that apply and receive EJP2 grant
funds in amounts up to and including $50,000 are not required to match the federal
funds. Requests for grants above $50,000 must match federal funds by providing 10%
of the total cost of the project.
Eligible Activities
The purpose of the EJP2 grants program is to support the use of pollution
prevention solutions to address the environmental problems of minority and low-
income communities and tribes. Funds awarded must be used to support pollution
prevention projects in minority and low-income communities on tribal lands. Priority
ivill be given to those projects that improve the environmental quality of affected
communities using pollution prevention as the primary solution.
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TRIBAL PR(
OFFICE OF ENVIRONMENTAL JUSTICE (OEJ)
SMALL GRANTS PROGRAM
Purpose of the Grants Program
The purpose of this grants program is to provide financial assistance and
stimulate a public purpose by supporting projects to any affected Tribal group, which
is eligible under applicable statutory authorities (for example, community-based
organization, church, school, education agency, college or university, or other non-
profit organization) and Tribal government who are working on, or plan to carry out,
projects to address environmental justice issues. Funds can be used to develop a new
activity or to substantially improve the quality of existing activities.
Important Pre-Application Information
Pre-applications will serve as the sole basis for evaluation and recommendation
for funding. This notice contains all information and forms necessary to submit a pre-
application. EPA will award grants based on the merits of the pre-application.
Background
In its 1992 report, Environmental Equity: Reducing Risk for All Communities.
EPA found that minority and low-income communities experience higher than average
exposure to toxic pollutants than the general population. OEJ was established in 1992
to help these communities to identify and assess pollution sources, to implement
environmental awareness and training programs for affected residents, and to work
with Tribal community stakeholders to devise strategies for environmental
improvements.
In June of 1993, OEJ was delegated granting authority to solicit projects, select
suitable projects for the grants from among those proposed, supervise such projects,
evaluate the results of projects, and distribute information on the effectiveness of the
projects, and feasibility of the practices, methods, techniques, and processes in
environmental justice areas.
Fiscal Year (FY) 1995 is the second year of the EJ Small Grants Program.
Seventy-one (71) grants totaling $507,000 were awarded in FY 1994.
Eligible Activities
To be selected for an award, the project must include one or more of the
following four 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, community newsletters, etc.);
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2. Motivate the general public to be more conscious of their local environmental
justice issues orproblems and: encourage the community to take action to address these
issues (for example, reforestation efforts, monitoring of socioeconomic changes due
to environmental abuse, stream monitoring, etc.);
3. Develop and demonstrate an environmental justice practice, method or
technique which has wide application and addresses an environmental justice issue
which is of a high priority.
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 (GIS), 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 whichhas 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.
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 gathering, observing, measuring, classifying, experimenting,
and other data gathering techniques that assist individuals in discussing, inferring,
predicting, and interpreting information about environmental justice issues and
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. 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 a high-
priority environmental justice issue will vary and must be defined by applicants
according to their local environmental justice concerns.
How Much Money May Be Requested, and are Matching Funds Required?
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, will each have approximately $300,000 to award.
Applicants are not required to cost share.
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TRIBAL PROGRAMS
TRIBAL LANDS
ENVIRONMENTAL SCHOLARSHIP PROGRAM
Purpose of Program:
EPA created this scholarship program to increase the number of American
Indians who are educated in the environmental sciences and available for work at EPA
and on Indian Reservations to improve the environmental protection of tribal lands.
Eligible Students:
In colleges and universities nationwide, juniors/seniors and graduate students
compete for these scholarships based on weighted factors as follow:
- 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
Amount of Individual Award:
Each annual scholarship is set at $4,000 per student. Efforts are made to
retain scholarship awardees on the program if they maintain their grade point average.
, Application Process:
Students wishing to make application should do so through the American
Indian Science and Engineering Society (AISES) which has chapters on many college
campuses. AISES may also be contacted at 1630 30th St., Suite 301; Boulder, CO
803 01, or by phone at 3 03 -492-865 8. AISES works with EPA to select the scholarship
winners and make the annual awards because of its excellent reputation and its
expertise in the area of assisting students with employment opportunities. Also, the
overhead costs of AISES are below those of universities evaluated to provide similar
services.
Funding/Scholarships:
Thus far, 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). Efforts are underway to create a specific budget
for this scholarship program to eliminate the need to annually contact all EPA Offices
for assistance on funding.
FY91 - $ 120,000 for 27 scholarships
FY92 - $158,800 for 33 scholarships
FY93 - $ 182,000 for 41 scholarships
Management of Program:
In FY91, this program was created by the Office of Pesticides Programs,
which managed the program for two years. In FY93, the Environmental Education
Division assumed responsibility for managing the program. Inquiries about program
management should be directed to Diane Berger at 202-260-4965.
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D
n
POLLUTION PREVENTION
EPA's Pollution Prevention approach
The Pollution Prevention Act of 1990 establishes pollution prevention as
national policy—HPA'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. Potential pollutants 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 Tribal Communities
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/maintain the ethic of preventing pollution.
Here are suggestions on how tribal community leader's 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 tribal 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:
-Recycle paper, glass, plastic, aluminum, scrap metal, motor oil and yard
wastes.
-Use less energy. Set back thermostats; insulate; buy energy-efficient
lighting and appliances and make creative use of daylight.
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-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. Carpool, 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.
-Reduce smoke, radon, asbestos and other indoor-air pollutants.
-Control hazardous waste. Reduce toxic use; encourage product substitution
and environmentally sound operation modifications.
-Buy recycled or recyclable products. Seek out reusable, recyclable or
returnable packages.
-Reduce risks from lead. Be careful around surfaces covered with lead-based
paint, and be cautious when children are nearby during renovation or
rehabilitation of old buildings. Be sure drinking water does not contain
harmful levels of lead or other contaminants.
-Plant trees, shrubs and indoor plants. They replenish the earth's oxygen
supply and clean the air by removing pollution.
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TRIBAL-PRIVATE PARTNERSHIPS
As a tribal community leader, you face the prospect of building or upgrading
facilities to meet environmental needs. You already may be feeling the squeeze of
growing environmental protection needs and expectations coupled with decreased
funding for infrastructure projects. As the pressure grows to minimize rate shock for
facility users, tribal leaders must find new ways for their communities to hold down
costs and build support for necessary additional expenses. Tribal-private partnerships
offer one solution.
The "Self-Help Guide for Local Governments" has been written to acquaint local
officials with the concept of public-private partnerships, their benefits and the steps
a community must take to build relationships with the private sector. Much of this
information is also applicable to tribal situations. This information will be conveyed
in the following sections:
Tribal-Private Partnerships: What and Why
A tribal-private partnership is a contractual relationship between a tribal and
private partner that commits both to providing an environmental service. The private
sector can be involved in a variety of ways, from the initial design of a facility to its daily
operation and maintenance.
Although each arrangement is unique, most partnerships fall into one of five
categories. These types are contract services, turnkey facilities, developer financing,
privatizations and merchant facilities. There are different benefits associated with each
of these categories.
Tribal communities could enter into partnerships for various reasons. These
include: access to more sophisticated technology; cost-effective design, construction
and/or operation; flexible financing; delegation of responsibility andrisk; and guaranteed
cost.
Building a Tribal-Private Partnership: An Action Checklist
No two communities build a partnership in exactly the same way, but all must
take roughly the same steps. This document presents an action checklist of the steps
that will help a community make many decisions necessary to enter into a contract
with a private firm.
A tribal community initiates the partnership process by evaluating its service
needs, reviewing available technology, and identifying resources that may be able to
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assist in the development of the contract. It is also important for tribal leaders to
generate public support while they are evaluating financing prospects and studying
laws and regulations.
Reviewing a potential private partner's track record is also an important part of
the process. Eventually, tribal officials must narrow partnership options, select and
conduct its procurement process and finally, develop the service agreement.
Financing, Procurement and the Service Agreement
Three of the most difficult steps in building a partnership are financing,
procurement and the service agreement.
In choosing a financing method, a tribal community should estimate the capital
required and identify various financing options. These financing strategies should then
be assessed against the financial condition of the tribe, the project's costs and any risks.
The tribal community must select the option which is most appropriate by comparing
benefits and costs.
A tribal government starts to implement its choice by initiating the procurement
process. The three types of procurement most communities select are advertised
procurement, competitive negotiation and two-step advertising. While advertised
procurement allows the community to dictate the terms of the solicitation, competitive
negotiation offers greater flexibility. Two-step advertising is a mixture of the other
two.
Finally, a partnership arrangement must be defined in a service agreement. Each
contract must include a number of elements. The contract must define: the project and
performance criteria, compensation method and timing, changing situations and risk
allocations and contract termination and step-in-rights. Insurance and bonding should
also be considered since they may affect the terms of the contract.
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SARA TITLE III - THE EMERGENCY
n
n
PLANNING AND COMMUNITY RIGHT-TO-KNOW
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 Apply To My Tribal 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 tribal community storing certain hazardous chemicals (exceeding
specified quantities) must provide information to government agencies and tribal
communities. 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 and individuals that do not comply,
and it allows citizens to file lawsuits against companies and government agencies to
force them to obey the law.
What Are The Requirements Under This Law?
The law, passed in October 1986, had many requirements and deadlines. For
example, governors were required to establish State Emergency Response Commissions
(SERCs); facilities subject to emergency planning requirements were required to
notify their state commissions; and SERCs were required to appoint Local Emergency
Planning Committees (LEPCs). LEPCs were required to analyze hazards and develop
a local emergency plan to respond to chemical emergencies in each local district.
Additionally, the LEPC must exercise, review and update the plan annually, informing
the tribal community of these activities.
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 tribal
community upon request.
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Title in requires owners and operators of facilities 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 three options for tribal compliance under
EPCRA:
- 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.
- Two or more Tribes may join together with a cooperative agreement to form
a TERC. Each Tribe may form a separate LEPC or there may be one LEPC to serve
all of the tribes.
- The Tribe(s) may form a cooperative agreement with the State where the State
will do emergency actions, but the Tribe will do the planning. In this case, the Tribe
will either be a separate LEPC within the State or participate in a nearby LEPC.
It is important to not only 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 being made available to the tribal community to better assess
and manage risks present within the community. Identify what needs to be done at
the reservation level to better prepare the response community to deal more
effectively with, and prevent, chemical emergencies.
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CROSS MEDIA PROGRAMS
ASBESTOS
Schools - Public and Private Nonprofit
On October 22, 1986, the President 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
Emission 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.
Specifically, each local education agency (or LEA, which means a public school
district or private nonprofit school) must do the following:
-Designate and train a person to oversee asbestos-related activities in the LEA
(designated person).
- Inspect every school building for both friable and nonfriable asbestos
containing building materials.
- Prepare a management plan for managing asbestos and controlling exposure
in each school and submit that plan to the appropriate state agency. The plan
should include a time frame for implementation of recommended actions.
- Use only properly accredited persons to conduct inspections and develop
the asbestos management plan. Accredited personnel must also conduct the
required triennial reinspections.
- Provide custodial staff and short-term workers with information about the
location of any asbestos-containing materials. Post warning labels as re-
quired.
- Survey all locations of asbestos-containing materials for damage every six
months. Take appropriate steps to repair or replace damaged materials.
- Provide custodial and maintenance staff with two hours of awareness
training and an additional 14 hours of training for employees whose duties may
cause mem to disturb asbestos. This additional training must include proper
work practices and the use of protective equipment when disturbing asbestos
containing materials.
- Notify parents, teachers and other school employees about the asbestos
inspection and the availability of the asbestos management plan for review.
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- Utilize properly accredited individuals to design and conduct asbestos
abatement actions that are necessary and appropriate to protect health and
the environment. These actions or methods must be documented in the
management plan.
- Keep records of all asbestos-related activities in each school plan and make them
available for citizen review.
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 surveillance, inspection,
reinspection and response action activities.
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 section 112 of the Clean Air Act, specifies emission 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, including Categories I and II nonfriable asbestos, before commencement of
the demolition or renovation. Private residences of four units or less are exempt from
the NESHAP.
Under the NESHAP, all demolitions require notification to the appropriate
regulatory agency, including facilities containing no asbestos. Work practice
procedures, waste disposal requirements, and recordkeeping provisions apply to those
demolition operations where the amount of regulated asbestos-containing material
(RACM), as defined in Section 61.141 ,when measured, meets or exceeds 260 linear feet
on piping, 160 square feet on other facility components, or 35 cubic feet of asbestos-
containing material that has already been stripped or removed and placed in containers,
or left on the floor or ground.
Under the NESHAP, renovations, including individual nonscheduled operations,
require notification to the appropriate regulatory agency, as well as compliance with
work practice procedures, waste disposal requirements and recordkeeping provisions
where the amount of RACM, when measured, meets or exceeds 260 linear feet on
piping, 160 square feet on other facility components, or 35 cubic feet of asbestos-
containing material that has already been stripped or removed and placed in containers,
or left on the floor or ground.
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The NESHAP requires at least one representative trained in the provisions of
this regulation be on site during any stripping, removal or handling of RACM. The
AHERA contractor/supervisor course meets the NESHAP training requirements.
The NESHAP requires that notification be submitted at least 10 working days
before any asbestos stripping, removal or any other activity begins that would
otherwise disturb the asbestos material.
Please notify the EPA Regional Office if a demolition or renovation is to occur
in your area.
How Do I Obtain More Information?
Under AHERA, LEA's afford citizens and applicable tribal communities the
opportunity to become familiar with asbestos activities in their respective school
districts. The initial point of contact to obtain information on asbestos activities should
be the LEA designee. This individual is most familiar with the asbestos situation
in your school.
For The Following Information, Please Call The EPA Regional Office
Contact:
40 CFR 61 National Emission Standard for Hazardous Air Pollutants;
Asbestos NESHAP Revision; Final Rule
"The Asbestos Informer"
"Asbestos/NESHAP Adequately Wet Guidance"
"Asbestos/NESHAP Regulated Asbestos-Containing Materials Guidance"
"Reporting and Recordkeeping Requirements for Waste Disposal"
"Common Questions on the Asbestos NESHAP"
"A Guide to the Asbestos NESHAP As Revised November 1990"
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CROSS MEDIA PROGRAMS
INDOOR RADON
n
•v^^nm
n
n
Radon is a naturally occurring radioactive gas that conies 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 and, 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. 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. EPA has established an action level for indoor air radon levelsof 4 pCi/1
(picocuries per liter). 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 required EPA and IHS to develop a
national description of radon levels in homes and schools throughout the country. To
date, seven Indian Nations in conjunction with EPA and IHS have conducted radon
residential surveys to characterize statewide radon distributions. Additionally, about
1,200 schools were tested in the winter of 1991. Results of the National School Radon
Survey are available from EPA.
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.
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Does The Radon Program Apply To My Reservation?
Tribal communities, in concert with state governments, play a vital role in
reducing the public health risk of radon. It is very likely that there are homes, day care
centers, schools or commercial buildings on your reservation that have elevated indoor
air concentrations of radon.
Currently, most radon-related policies are non-regulatory. EPA, IHS 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.
Some reservations, IHS and HUD, however, have developed radon regulations,
including certification of radon professionals and mandatory testing of all schools.
Additionally, model building codes for new construction have been developed that
may beincorporatedintothebuildingcodesoflocaljurisdictions. 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 tribal communities; fourth, by ensuring that local
radon contractors are RCP-listed or state-certified; and finally, by 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
Radon Measurement Proficiency Program
Research Technical Information Service
Research Triangle Institute
Research Triangle Park, NC 27709
1-919-541-7131
Radon Contractor Proficiency Program
Midwest University Radon Consortium
1985BufordAve.
St. Paul, MN 55108
1-612- 624-8747
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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. The Environmental Protection Agency has
the authority to regulate pesticides under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and the Federal Food, Drug and Cosmetic Act. 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 the registration of a pesticide.
All pesticides must have a label. The label includes instructions for use,
storage and disposal of containers. The label, together with any literature to which it
refers, has the force of law. The pesticide that stays in or on farm products or processed
foods is called a residue. EPA regulates the safety of the food supply by setting limits
for pesticide residues on food and animal feed available for sale in the United States.
In addition to enforcement for the production, sale, distribution and use of
pesticides, issues currently being dealt with in the pesticide program include agricultural
workers' and pesticide handlers' safety, applicator certification and training, pesticides
in groundwater and endangered species.
With regards to agricultural workers' and pesticide handlers' safety, EPA
proposed new Worker Protection Standards in 1988. These standards were published
as final regulations 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.
Efforts are under way to strengthen reservation enforcement and pesticide
applicator training programs, particularly with respect to groundwater protection,
worker protection and endangered species protection. EPA prepared a Pesticides in
Groundwater Strategy in 1991 to address risks of groundwater contamination by
pesticide chemicals. EPA is required under the Endangered Species Act, to protect
listed species and their habitat from the effects of pesticides. In 1989 EPA proposed an
Endangered Species Protection Program to accomplish this.
Additional Information:
U.S. EPA, FIFRA Amendments of 1988; Schedule of Implementation.
54 Federal Register 18078 (April 26, 1989).
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TOXICS - LEAD
Title IV of the Toxic Substances Control Act was created by Title X - Residential
Lead-Based Paint Hazard Reduction Act of 1992. Title X mandated EPA to do the
following:
-Write regulations for training and certification of lead abatement workers.
-Develop a Model State Program for states, territories and tribes to adopt.
-Define proper abatement procedures.
-Develop a lead hazard information pamphlet.
-Develop renovation and remodeling guidelines.
Title X regulations will require that anyone doing lead abatement work will be
trained, certified, and will perform the abatement work in a safe manner to protect both
human health and the environment. The regulations will also require that a person
buying or leasing property 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 protect their members from lead poisoning in several
ways. By educating their people in the identification of lead hazards and how to
handle lead hazards properly, the tribal governments can not only protect its children
but also those who work in lead-related industries.
Additional Information:
Lead-Based Paint Regulations: 40 CFR Part 745
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CROSS MEDIA PROGRAMS
TOXICS - PCB'S
Q
n
D
The Environmental Protection Agency was required by Congress under Section
6(e) of the Toxic Substances Control Act (TSCA) (Public Law 94-469, October 1 1,
1976) to promulgate rules for the marking, storage and disposal of Polychlorinated
Biphenyls (PCBs).
Many reservations, and virtually every municipality and utility in the U. S . is, or
has been, in possession of regulated PCB equipment. Manufacturers inadvertently
contaminated about twelve percent of the mineral oil-filled electrical equipment in use
prior to 1 976 by using the same pumps and lines to fill their premium PCB equipment
and their mineral oil equipment.
Disposal of dielectric fluid containing more than 2 part per million (ppm) and
less than 50 ppm PCBs is regulated by the states/tribes. Dielectric fluid greater than
49 ppm PCBs must be disposed of by incineration or its equivalent.
Inspections on tribal land are conducted by federal inspectors or state
inspectors working under a Cooperative Agreement with the Regional Office.
EPA intends to allow use of contaminated and PCB equipment for the remainder
of its useful life as long as the equipment is properly monitored, maintained, and used
in a totally enclosed manner. When its useful life has ended, the equipment must be
disposed of as dictated by 40 CFR Part 761.
Additional Information
PCB Regulations; 40 CFR, Part 761.
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A TR PROGRA M
CLEAN AIR ACT AMENDMENTS
Will The Clean Air Act Amendments Apply To My Community?
The goal of the Clean Air Act Amendments is to reduce pollution by 56 billion
pounds a year. This reduction will generally come from cutting emissions in large
urban areas. However, there may be some impacts on reservations. Implementation
of the Act will require the regulation of small businesses in order to attain and maintain
the national air quality standards and control air toxic emissions.
To be eligible for technical and environmental compliance assistance under the
Clean Air Act Amendments, a small business stationary source must meet the
following criteria:
a. Owned or operated by a person employing 100 or fewer individuals;
b. A small business under the Small-Business Act;
c. Not a major stationary source;
d. Does not emit 50 tons per year or more of any regulated pollutant; and
e. Emits less than 75 tons per year of all regulated pollutants.
These small businesses frequently lack the technical expertise and financial
resources necessary to evaluate state regulations and determine the appropriate
mechanisms for compliance. The Act provides for the design of a program to render
technical assistance and compliance information to small businesses.
Actions Your Reservation Should Be Taking
With regard to those regulations affecting small businesses, theEPA will
designate a Small Business Ombudsman. The EPA will also implement a Small
Business Assistance Program. This program will collect and disseminate information
on 1) determining applicable requirements under the Act and permit issuance, 2) the
rights of small businesses under the Act, 3) compliance methods and acceptable
control technologies, 4) pollution prevention and accidental release/prevention/
detection and 5) audit programs.
A reservation should contact the Regional EPA Indian Program Coordinator,
or the office listed at the back of the handbook, prior to addressing significant air
pollution issues.
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AIR PROGRAM
Refrigerant Recycling and the Prohibition
on Venting
nil
Under Section 608 of the Clean Air Act, EPA published proposed regulations on
December 10, 1992, that would:
- Require service practices that maximize recycling of ozone-depleting compounds
(chlorofluorocarbons [CFCs] and hydro-chlorofiuorocarbons [HCFCs])during the
servicing and disposal of air conditioning and refrigeration equipment.
- Set certification requirements for 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 (e.g., motor vehicle and room
air conditioners and home refrigerators).
Effective July 1, 1992, section 608 of the Act prohibits 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 purging.
- Mixtures 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 notused as arefrigerant.
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 at the address at the end of
this section.
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Technician Training and Certification
Technicians who repair or service motor vehicle air conditioners must be trained
and certified by an EPA-appro ved organization. Training programs must cover the use
of recycling equipment in compliance with the Society of Automotive Engineers
(SAE) Standard J-1989, the regulatory requirements, the importance of refrigerant
containment, and the effects of ozone depletion. A list of approved testing programs
is available from EPA at the address at the end of this section.
Safe Disposal Requirements
Under EPA's proposal, equipment that is typically dismantled on site before
disposal (e.g. retail food refrigeration) would have to 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) would be subject to special safe disposal requirements. Under these
requirements, the final person in the disposal chain would be 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 waste.
-They are subjected to CFC recycling or reclamation.
-They are not mixed with used oils from other sources.
Used oils that contain CFCs after the CFC reclamation procedure are,
however,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 at 1-800-424-9346.
Additional Information:
For information concerning regulations related to stratospheric ozone protection,
please call:
Stratospheric Ozone Hotline: 1- 800-296-1996
(10am-4pm EST, M-F, except federal holidays)
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TRIBAL AIR QUALITY PROGRAMS
Overview
In August 1994, EPA issued a proposed rule that would provide tribes authority
to implement and administer Clean Air Act (CAA) programs in essentially the same
manner as states. EPA anticipates issuing a final rule in 1995 after analyzing the
comments on the proposal.
Providing tribes authority to administer CAA programs represents a critical step
in empowering tribes to improve and protect tribal air quality. When this rule becomes
final, EPA will work with the tribes to develop the necessary programs to address air
concerns. Some tribes may choose not to develop air quality programs or to develop
only some parts of an air program. Where tribes choose not to administer their own
air quality program, EPA will have the responsibility to do so. Examples of the types
of activities which tribes could initially address include assessments of air problems,
emission inventories, and building an infrastructure for administering more complex
programs. Ultimately, tribes could undertake implementation plans to address air
problems, permitting activities, and oversight of air toxics regulations.
Funding Assistance
For a Federally-recognized tribe to be eligible for financial assistance, three
criteria must be satisfied: 1) a showing of an adequate governing body, 2) the capability
to implement the particular requirements for which the tribe is seeking assistance, and
3) a demonstration that the tribal air program applies to the reservation or other areas
within the tribe's jurisdiction. Any tribe that has been recognized under any other EPA
program is Federally recognized. Tribes that do not have the necessary management
and technical skills to run an air quality program may submit a plan detailing how they
will acquire those skills. Federal financial assistance will be available under sections
103 and 105 of the CAA; some tribal match will be required.
Future Actions
EPA intends to assist tribes by providing advice and assistance on air quality
issues and to consult with the tribes on their particular needs for developing an air
program. Further information will be available when EPA's final rulemaking is
promulgated.
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AIR PROGRAM
OPERATING PERMITS
nil
Operating Permits for Air Pollution Sources
Title V of the Clean Air Act Amendments of 1990 established a new requirement
for operating permits for major sources of air pollution. These operating permits are
designed to enhance the ability of EPA, the states and citizens to enforce the
requirments of the Act. Permits will also clarify for these sources exactly which
requirements are applicable to them and what the source must do to comply with those
requirements. Sources must pay fees annually to the premitting authority.
This program applies not only to major sources of the common air pollutants (for
example, particulate matter, sulfur dioxide, etc.) but also to sources of air toxics. The
Act lists 189 air toxics and EPA has identified over 170 source categories of these toxic
emissions. These sources must submit applications for Title V operating permits
unless they are below certain thresholds in their emissions.
How the Program Will Work
The states were required to submit programs to EPA for implementing Title V.
EPA is retaining authority for this program on Indian reservations unless a tribe
chooses to develop and administer its own program. Tribal programs would be subject
to EPA review and approval.
EP A's principal obj ective is to assist tribes in developing and administering their
own Title V operating permit programs. However, EPA intends to implement the Title
V program in the event the tribes do not. EPA will notify the appropriate tribal contacts
prior to implementing this program on the reservations.
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AIR PROGRAM
AIR TOXICS
FIB
Under Section 112 of the Clean Air Act, EPA has published the following
regulations.
Dry Cleaning
Each dry cleaning facility that uses perchloroethylene must maintain records of
solvent usage and use pollution prevention practices. For machines installed before
December 9,1991, they must install control devices and report the compliance status
by October 23,1996. For machines installed after December 9,1991, control devices
must be installed prior to start-up and notification must be made to EPA within 30 days
of start-up. The control device can be a refrigerated condenser but an existing charcoal
scrubber could meet the regulatory requirements. Coin-operated machines which are
operated by the customer are exempt from this regulation.
Halogenated Degreasing
Each solvent cleaning machine that uses: methylene chloride; perchoroethylene;
trichloroethylene; 1,1,1-trichloroethane; carbon tetrachloride; or chloroform, or any
combination of these in total concentration greater than 5 percent by weight, is affected
by this rule. This rule requires recordkeeping, reporting, work practices, and/or
control measures. EPA requires initial reports for existing equipment by August 29,
1995, and within 30 days of installation for new equipment. Compliance reports are
due no later than December 2,1996 for existing sources and 150 days after they achieve
compliance. New sources are subject to various notification and compliance dates.
Chrome Electroplating
This rule regulates each chromium electroplating or anodizing tank at an
electroplating facility. The rule requires hard chromium electroplating operations to
meet an emission standard that is based on a control system. EPA requires decorative
chromium electroplating and anodizing operations to meet an emission limit or use a
wetting agent, as specified by the regulations. Operators of existing facilties must
notify EPA by July 24,1995; owners of new sources must notify EPA no later than 30
days after construction.
All of the rules are available on EPA's Technology Transfer Network:
(919) 541-5742, Data Bits 8, Parity N, Stop Bits 1, Speed: 2400, 4800 and
9600 baud.
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LAND PROGRAMS
SUPERFUND PROGRAM
As the 1970's 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 groundwater
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), almost 1,300 in number, 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 i
transportation accidents involving the spill of hazardous chemicals. •
The ultimate goal for a site on the NPL is a permanent solution; this requires a
long-term effort. Nearly 1,800 Superfund sites have been cleaned up, including 112
on the NPL.
Superfund activities depend upon local participation. The EP As job is to analyze
the hazards and to deploy experts, but the Agency needs tribal community input.
Because tribal members where a site is located will be those most directly affected by
the wastes and cleanup processes, EPA encourages members to get involved in cleanup
decisions.
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LAND PROGRAMS
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/or 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, i.e.,
"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:
-Full 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 kilograms 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.
_
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Does The RCRA Program Apply To My Tribal Community?
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 metals like chromium, cadmium and lead, vehicle maintenance shops often
generate hazardous waste that may be subj ect 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: ignitablity,
corrosivity, reactivity or toxicity as determined by the Toxicity Characteristic
Leaching Procedure (TCLP) test.
In addition to used materials which might be considered hazardous waste, you
must also be careful with your management of products that are no longer wanted or
needed, and you now wish to discard. Leftover pesticides from grounds-keeping
operations, old paint thinner, etc., must be fully evaluated before you determine what
you are going to do with the waste. EPA has identified several hundred chemical
products which, if disposed of, would also be considered "listed hazardous waste."
Another area of possible concern for your tribal community would be the
operation of a trash collection system and/or a landfill. Normally, because household
wastes are currently exempt from RCRA regulation, tribal 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 trigger RCRA jurisdiction over the entire facility.
Timetable
RCRA regulations were first published in 1980 and are constantly being
amended. Once you determine that you are a handler of hazardous waste (i.e., either
generating, storing, transporting, etc.), you 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 avery espensive and lengthy process.
Many companies and reservations 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 Regulations 40 CFR Parts 260-272
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LAND PROGRAMS
SOLID WASTE DISPOSAL FACILITY CRITERIA
Tribal Community Solid Waste is anon-hazardous waste generated at residences,
commercial establishments and institutions. These solid wastes include durable
goods (appliances, furniture, etc.), nondurable goods (newspapers, clothing, etc.),
containers and packaging (boxes, bottles, etc.), food and yard wastes and miscellaneous
inorganic wastes (stones, pieces of concrete, etc.).
On October 9, 1991, the USEPA promulgated 40 CFR 257 and 258, the Solid
Waste Disposal Facility Criteria Final Rule. These regulations will have a significant
impact on Tribal and Bureau of Indian Affairs solid waste disposal practices.
The impacts include the following:
- BIA and Tribal noncompliant open landfills which stop receiving waste before
April 9, 1994 will be required to provide final cover at closure. Closure is to be
completed by October 9, 1994.
- Existing and new tribal and BIA open landfills which are operating after
October 8,1993*, will be required to meet all portions of the federal criteria and could
incur significant immediate and long-term costs. The revised criteria requirements
include location, operating criteria, design, groundwater monitoring, corrective
action(if any contamination is found), final closure and 30 year post closure care and
financial assurance requirements. Any new landfills or new landfill cells developed
will be required to be in full compliance prior to receiving waste. A complete record-
keeping system will be required.
- In order for tribes and BIA to utilize compliant landfills and close existing
landfills, development of transfer stations or other alternative collection facilities may
be necessary.
*The effective date of the federal MSWLF Criteria for existing, smaller landfill
units, is changed from October 9, 1993 to April 9, 1994. This extension applies to
landfills that:l)accept less than 100 tons of waste per day; 2) are in a state that has
submitted an application to EPA for approval of its program by October 9,1993, or are
located on Indian lands or Indian country; and 3) are not on the Superfund National
Priorities List.
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Action Your Tribal Community Should Be Taking
- For those tribal communities with a landfill, be prepared to either not accept
waste, or upgrade to meet the Criteria by October 9,1993. For those tribal communi-
ties without a landfill, be prepared to pay more for disposal,
- Develop community education programs to encourage recycling and waste
reduction.
- Plan and prepare solid waste management and disposal options, such as
composting of tree and yard waste, and establishing household hazardous waste
(HHW) collection sites.
Additional Information
40 CFR Part 258, regulations under RCRA Subtitle D
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LAND PROGRAMS
UNDERGROUND STORAGE TANKS
An Underground Storage Tank (UST) is any tank, including underground piping
connected to the tank, that has at least 10 percent of its volume underground. The UST
regulations (40 CFR 280) cover notification (registration), performance standards for
new and existing tanks, tank closure, release detection, cleanup activities, financial
responsibility, reporting and recordkeeping.
Do The UST Regulations Apply To All Underground Storage
Tanks? No, Some Exclusions Are:
-Farm or residential tanks holding 1,100 gallons or less of motor fuel used
for noncommercial purposes
-Tanks storing heating oil which is used on site
-Septic tanks and systems for collecting storm or wastewater
-Wastewater treatment tanks regulated under the Clean Water Act
-Tanks whose capacity is 110 gallons or less
-Storage tanks on or above the floor of an underground area, such as a
basement, tunnel or vault
-Other tanks, such as tanks for emergency spill or overflow containment and
field constructed tanks, are deferred from the regulation.
If the UST Regulation Does Apply, What Must the Owner/
Operator Do?
- Verify that the stored contents are compatible with the tank's interior walls.
- Demonstrate financial responsibility for the cost of cleaning up a leak or
compensating other people for bodily injury and property damage caused by
the leaking UST. Compliance date for local governments and Indian Nations
is February 18, 1994.
For Tanks Installed Before December 22,1988:
- Ensure tanks are registered with the EPA.
- Equip the UST with devices that prevent spills/overflows by
December 1998.
- Protect the tank and piping from corrosion or structural failure by
upgrading it by December 1998.
- Equip the tank and piping with leak detection.
- All tanks must have leak detection by December 22, 1993.
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For Tanks Installed After December 1988:
-Leak detection, spill and overfill, and corrosion protection are required at
the time of installation.
- Pressurized systems must have line leak detectors added by December
22, 1990.
I own tanks to which regulations apply, but I am not using them,
what should I do?
Follow closure requirements for tanks temporarily or permanently closed.
(Note: Tanks not used for 3 to 12 months can be temporarily closed.) Beyond 12
months, for permanent closure, the tank will have to be emptied and cleaned, a site
assessment conducted, and the tank must be either filled with inert material or removed.
If a groundwater monitoring system or a 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 fire department to ensure that it does not pose a hazard to
human health.
- Contact the EPA within 24 hours; the regulatory authority will decide
if you must take further action.
Additional Information
"Musts for USTs: A Summary of the New Regulation for Underground Storage
Tank Systems," U.S. EPA, UST Office, 7/90.
"Dollars and Sense: A Summary of the Financial Responsibility Regulations for
Underground Storage Tank Systems," U.S. EPA, UST Office, 12/88.
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WATER PROC&
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WATER PROGRAMS
WATER AND WETLANDS PROTECTION
The Environmental Protection Agency (EPA), in partnership with tribal
governments, is responsible for restoring and maintaining the chemical, physical and
biological integrity of the nation's waters. Because of the value of wetlands as an
integral part of those waters, EPA is also charged with protecting wetland resources.
The major federal regulatory tool for this is Section 404 of the Clean Water Act,
which is jointly administered by the U.S. Army Corps of Engineers and EPA. Section
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.
Availability of Tribal Wetland Grants:
Tribal wetland protection grants are available through EPA's regional offices to
Federally recognized Indian Nations to support wetland protection programs.
Additional Information:
The Clean Water Act (33 U.S.C. 1251 to 1387)
National Environmental Policy Act (42 U.S.C. 4321 to 4370c)
Fish and Wildlife Coordination Act (16 U.S.C. 742a to 742m)
River and Harbor Act of 1899 (33 U.S.C. 403, 406, 407, and 411)
The Endangered Species Act (16 U.S.C. 1531 to 1544)
Regulations of the U.S. Army Corps of Engineers (33 C.F.R. 320-330).
Regulations of the U.S. Environmental Protection Agency
(40 C.F.R. 230, also known as the 404 (b) (1) guidelines).
Executive Order 11990 (May 24, 1977) 3 CFR, 1977 Comp. pp. 121-123.
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WATER PROGRAMS
DRINKING WATER
The Safe Drinking Water Act (SDWA) is the federal law regulating the quality
of finished drinking water from a public water supply (PWS). The National Primary
Drinking Water Regulations (NPDWR), established under the SDWA, define a PWS
as:
-"A system for delivery to the public of water for human consumption if such
system has 15 service connections or regularly serves an average of at least 25
individuals daily, at least 60 days out of the year." A PWS is either a community water
system or a non-community system."
Community Water System - System which serves at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round residents.
Non-community Water System - System that has at least 15 service connections,
or serves 25 or more persons at least 60 days out of the year, and whose consumers are
mobile or transient in nature.
Transient Non-community Water System - System that serves at least 25 mobile
or transient consumers at locations such as highway rest stops.
Non-transient, Non-community Water System - System that serves at least 25
of the same persons at least six months per year (e.g., schools, factories, nursing
homes, etc.)."
The EPA is responsible for assuring the requirements found in the NPDWR are
carried out. EPA retains primary enforcement responsibility for Indian Land PWSs,
until a tribe has applied for, and been approved for, primacy of the SDWA/NPDWR
program by EPA.
Additional Information:
- The Safe Drinking Water Act
- National Primary Drinking Water Regulations, 40 CFR Part 141.
- National Secondary Drinking Water Regulations, 40 CFR Part 143.
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WATER PROGRAMS
DRINKING WATER
INORGANIC CHEMICALS
Inorganic Chemicals (lOCs) are elements or compounds found in water supplies and
may be natural in the geology or caused by activities of man through mining, industry
or agriculture. It is common to have trace amounts of many lOCs in water supplies.
Amounts above the Maximum Contaminant Levels (MCLs) may cause a variety of
damaging effects to the liver, kidney, nervous system, circulatory system, blood,
gastrointestinal system, bones or skin depending upon the IOC and level of exposure.
Some lOCs are more damaging to infants and pregnant women. Because of some
special aspects of the rules for asbestos, lead and fluoride, separate pages are prepared
for them in this booklet.
Do The IOC Regulations Apply To Tribal Communities?
Yes, prior to the 1986 Safe Drinking Water Act, there were 12 regulated lOCs.
Additional lOCs have been added with the Phase II and Phase V regulations, which are
described in the following paragraphs.
Timetable (For Revisions To Regulations)
New regulations called Phase II were finalized January 30, 1991, and became
effective on July 30, 1992. They added two new lOCs, asbestos and nitrite, and
changed the MCLs for four of the current lOCs. Silver is now a secondary MCL. As
a result of this regulation, non-transient non-community (NTNC) Public Water
Supplies (PWSs) will be required to test for lOCs, and all PWSs (both community and
non-community) will be required to test for nitrate and nitrite at least annually.
PWSs will continue to take IOC samples as they have in the past until January
1, 1993. A new monitoring framework was proposed for this rule to standardize
monitoring for all the new regulations. The standardized monitoring framework
(SMF) is comprised of a nine-year cycle, called a compliance cycle and three, three-
year periods, called compliance periods. For example, a groundwater PWS would
have to test for lOCs sometime in the first compliance period (January 1, 1993 -
December 31, 1995). This regulation allows PWSs to get waivers from monitoring.
A waiver either eliminates or reduces monitoring. A PWS with a waiver for lOCs
would need to sample once each compliance cycle or once every nine years.
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Additional new regulations called Phase V were finalized on July 17,1992, and
added six new lOCs. These rules will become effective January 17, 1994. Public
water supply systems with 150 or more service connections are required to begin
monitoring for the Phase V contaminants in the January 1,1993 through December 31,
1995 time period. A PWS with less than 150 service connections could wait until the
January 1,1996 to December 31,1998 compliance period. A PWS would be allowed
to apply for a waiver after three monitoring rounds if the new lOCs were not detected.
Again, a waiver for lOCs would reduce sampling to once every nine years.
EPA may be expected to add an IOC to the regulated list and may change some
MCLs of lOCs as new research clarifies levels of contamination considered hazardous!
(Most lOCs are tested from the same sample, requiring no additional work and little
additional cost for the community).
New sampling requirements for nitrates/nitrites will be quarterly for surface
water supplies and annually for groundwater supplies. These frequencies may be
reduced or increased by the State based upon the levels of nitrate/nitite found. The
new sampling requirements begin January 1,1993. EPA does not allow waivers for
nitrates. Therefore, PWSs can expect to sample at least annually.
MCLs
The following page lists the MCLs for lOCs.
If You Exceed Any Of The MCLs
- Take one confirmation sample. The EPA will then use the average of the initial
and confirmation samples to see if you exceed the MCL.
-Notify EPA and complete Public Notices as required.
-Work with the EPA and/or IHS to determine the best way to reduce the level
of the contaminants in your water supply. Consider a variety of options. In addition
to a new treatment process, you may need to consider improving your present
treatment process, mix your contaminated supply with another supply that does not
exceed the MCL or obtain a new source of water.
-Request an exemption from EPA to allow the reservation to continue to use the
water supply while the solutions to the MCL violation are being explored and any
needed financing is being planned.
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Additional Information
The rules for lOCs are contained in 40 CFR 141.23 and 141.62.
Maximum Contaminant Levels for IOC's
Contaminants
MCL (Pre-1986 and Phase II)
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Nitrate
Fluoride
Asbestos
Nitrite (As N)
0.05 mg/1
2 mg/1
0.005 mg/1
0.1 mg/1
refer to section on lead and copper
0.002 mg/1
0.05 mg/1
10 mg/1
4 mg/1
7 million fibers/1 (>10micrometers in
length)
lmg/1
Combined Nitrate & Nitrite 10 mg/1
MCL: Phase V
Effective January 17, 1994
Antimony
Beryllium
Nickel
Sulfate
Thallium
Cyanide
0.006 mg/1
0.004 mg/1
0.1 mg/1
deferred
0.002 mg/1
0.2 mg/1
For systems with 150 or more service connections, monitoring is
required in the January 1, 1993 through December 31, 1995 time
period.
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WATER PROGRAMS
DRINKING WATER
ASBESTOS
Asbestos is an inorganic chemical that occurs naturally and has been used in the
manufacture of a number of products used in the construction industry. Inhaled
asbestos fibers have been identified as causing cancer. Asbestos fibers ingested
through drinking water are suspected as a cancer causing agent. Asbestos occurs
naturally in a few water supplies and may occur by a corrosive action on asbestos
cement (AC) pipe contained in a water system.
Do The Asbestos Regulations Apply ToTribal Communities?
Yes, if you are a tribal community or non-transient non-community (NTNC)
public water supply, the asbestos regulations apply to you. Since EPA has a waiver
program, a vulnerability assessment may be performed on your system. If asbestos is
not likely to occur in your water source, and you do not have asbestos cement pipe,
your system may be designated as non-vulnerable and granted a waiver. A water
supply system that is granted a waiver will not have to monitor for asbestos. If your
system does have AC pipe and your water is non-corrosive, you also may be classified
as non-vulnerable and eligible for a waiver. If a waiver is not granted, you will have
to monitor for asbestos once every nine years.
Timetable
An MCL for asbestos was final as of January 30, 1991. If your water supply
system is vulnerable for asbestos in the water, you will have to take one sample within
the first compliance period of each compliance cycle (1993-96).
MCLs
The MCL for asbestos is 7 million fibers/liter (longer than 10 micrometers). If
your system is required to test for asbestos and it has asbestos cement pipe the sample
will be taken at the tap. If your system has asbestos in the source water only then test
at the entry point to the distribution system representative of the source. If your first
test exceeds the MCL, you may wish to take a confirmation sample. Compliance will
be based on the average of the two. If the sample is still over the MCL, then quarterly
testing is required.
Actions Your Tribal Community Should Be Taking
-Cooperate with EPA in terms of performing initial monitoring, applying for a
waiver and/or performing a vulnerability assessment.
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If Your Tests Indicate Levels Of Asbestos Higher Than The
MCL, You Are In Violation Of The MCL. You Should:
-Test quarterly.
-Notify EPA and complete Public Notices as required.
-Work with EPA and/or IHS to determine if asbestos is in your source water
and/or is being leached from your asbestos cementpipe. Plan a corrective
action.
-If asbestos is in your water source, it may be removed with coagulation/
filtration or direct and diatomite filtration. Corrosion control is used to reduce
leaching of fibers from asbestos cement pipe.
Other Important Considerations
EPA proposed (in 1986) under the Toxic Substance Control Act to ban the
manufacture of many asbestos products including asbestos cement pipe. There is no
plan to call for the removal of existing pipe, but a water system may need to provide
for corrosion control if there is asbestos cement pipe in their system. More important
may be the need to plan for materials and procedures to repair existing asbestos cement
pipe in the future.
The greatest risk related to asbestos cement pipe is to the maintenance worker
who is repairing or otherwise coming into contact with the pipe. Inhaling the dust
(fibers) from cutting the pipe is particularly hazardous. The Occupational Safety and
Health Administration (OSHA) of the Department of Labor has published rules
concerning occupational exposure to asbestos. If you work with asbestos cement pipe
in your community, contact IHS for information on this rule.
Additional Information
The rules for Asbestos are contained in 40 CFR 141.23 and 141.62.
The rules of OSHA on Occupations Exposure to Asbestos are contained in
29 CFR 1910 and 1926.
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WATER PROGRAMS
DRINKING WATER
FLUORIDES
Fluorides are compounds that contain an ionic form of the element fluorine.
Fluorides occur naturally in many water sources and are added in the treatment
process by many public water systems. Fluorides in amounts between 1.0 and 1.5
mg/1 have beneficial effects in reducing tooth decay. Amounts above 4.0 mg/1 may
cause bone and skeletal changes. Amounts greater than 2 mg/1 can cause discoloration
of teeth.
Does The Fluoride Regulation Apply To Tribal Communities?
Yes, all tribal water systems must test for fluoride every three years
(groundwater) or every year (surface water).
Timetable (For Revision Of Regulations)
Testing for fluoride was required prior to the 1986 SDWA (Safe Drinking
Water Act) Amendments. The new regulations on fluorides continue the testing
requirement of every three years for groundwater supplies and every year for surface
water supplies (Usually done with the routine testing for other regulated inorganic
chemicals -IOCs.). Waivers from fluoride monitoring as for other IOC's, are possible.
A new MCL was set in the final rules published on April 2,1986 and became effective
in October 1987.
MCLs
MCL = 4.0 mg/1 (secondary standard suggested level = 2.0 mg/1).
If your tests show levels less than the 2.0 mg/1, your community needs to do
nothing about fluoride. Plan your next routine test in one or three years.
Actions Your Reservation Should Be Taking
If your tests indicate fluoride levels between 2.0 and 4.0 mg/1, you should check
with EPA and/or IHS to see if any changes in operations can be made to lower the
fluoride level. As this is not an MCL violation, immediate action is not required, but
planning should be undertaken to reduce levels below 2.0 mg/1. Public notice is
required for levels between 2.0 and 4.0 mg/1. The mandatory text of this notice is
given in Section 143.5 of the National Secondary Drinking Water Regulations.
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If Your Tests Indicate Fluoride Levels Above 4.0 mg/1, You Are In Violation
Of The MCL, And You Should:
-Notify EPA, and complete public notices as required.
-Work with EPA and/or IHS to plan for a change in your water supply
and/or treatment system to lower the fluoride levels.
-Continue regular testing, as suggested or required by EPA to monitor
fluoride levels while you are working on solutions. Notify the public
periodically, as required.
Solutions to fluoride MCL violations for very small water systems usually
involve finding and using a new water source or mixing existing sources tp reduce the
fluoride level. Removing fluoride through treatment can be cost prohibitive for very
small systems.
Additional Information
The rule for fluoride is contained in 40 CFR 141.23 and 141.62.
"Removal of Excess Fluoride in Drinking Water," "Fluoridation Engineering
Manual," EPA, available from the Safe Drinking Water Hotline:
1-800-426-4791.
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WATER PROGRAMS
DRINKING WATER
LEAD MATERIAL BAN
Lead is a metal which, in the past, has been used for water supply pipe, joints in
other pipe materials and in alloy with other metals as solder in joining copper pipe and
in the manufacture of water supply fixtures. Lead has been identified as a cause of
central and peripheral nervous system damage, kidney effects and can be highly toxic
to infants and the developing fetus of pregnant women. Lead in plumbing materials may
be leached into drinking water by corrosive water.
Does The Lead Material Ban Apply To Tribal Communities?
Yes, the use of solder containing more than 0.2% lead in the installation of new
plumbing in tribal facilities that are connected to the water supply is banned. Also,
pipes and pipe fittings may not contain more than 8.0% lead. The law applies only to
plumbing which distributes drinking water and does not require the removal of existing
lead pipes or solder.
Timetable and MCLs
On October 28, 1987, specific public notice requirements were published as a
final rule. There is no MCL involved in the Lead Material Ban. See the section on Lead
and Copper for additional information.
Actions Your Reservation Should Have Completed:
- Complete a plumbing materials inventory in cooperation with EPA and IHS.
- Complete a set of tests, as instructed by EPA, to identify the corrosion related
factors in your water supply.
- Publish a notice about the lead ban and the information on corrosiveness for
the information of tribal members. (This was to have been completed by
June 19, 1988.)
- Consider adopting an ordinance or rule prohibiting the use of lead materials
in any new plumbing that is connected to your water system. If your tribal
community has adopted one of the national plumbing codes, these codes have
all been amended to include the lead materials ban.
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Actions Your Reservation Should Now Be Taking
-Inform tribal members involved in new construction or the replacement of
plumbing that the lead materials ban is in effect for your water system.
(Requiring a simple permit and inspection of new plumbing is one way some
communities carry out this information requirement.)
-Make information available to tribal members on the actions they can take
to reduce lead levels in the water they consume in their own home.
-If your water supply is very corrosive, contact EPA and/or IHS to plan
for ways you can reduce the corrosive impact of your water on the lead that may
be contained in tribal members'plumbing.
-If you have lead pipe or fixtures in your distribution system, consider
replacement with non-lead materials. Leaded joints in old cast iron or other
pipe is not believed to leach significant amounts of lead into the water.
Replacement is not required by the Lead Ban but may be required for systems
that continue to exceed the lead or copper action levels under the Lead
Copper Rule.
Additional Information
The statute for the Lead Material Ban is contained in the Safe Drinking Water
Act, Section 1417(a)(l) & (2).
"Lead and Your Drinking Water," EPA, available from the National Safe
Drinking Water Hotline: 1-800-426-4791.
"The Lead Ban: Preventing the Use of Lead in Public Water Systems and
PlumbingUsedfor Drinking Water, "EPA. Available from the National Safe Drinking
Water Hotline at 1-800-426-4791.
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WATER PROGRAM
DRINKING WATER
LEAD AND COPPER
Lead and copper are inorganic chemicals that are occasionally found in water
supplies and are frequently leached out of plumbing in water systems that have
corrosive water. Lead can cause central and peripheral nervous system damage, kidney
effects and be highly toxic to infants and in the developing fetus of pregnant women.
Copper causes taste problems and stains porcelain and can also cause stomach and
intestinal distress.
Timetable
Testing and MCL compliance for lead has been in effect for a number of years
prior to the 1986 SDWA Amendments for community water supplies. In June 1991,
EPA published new rules that deleted the MCL for lead but required that additional
sampling be done at tribal members' taps. High levels of lead and copper at the
customer taps will trigger requirements of treatment of the water supply to reduce
corrosivity; education should also be provided to help tribal members reduce their
intake of lead and copper.
Action Levels Per The New Rule:
-The treatment technique requirements are triggered by exceedances of the
lead action level of 0.015 mg/1 or the copper action level of 1.3 mg/1 measured
at the 90th percentile.
-All water systems are required to collect one sample for lead and copper
analysis from the following number of sites during each six-month
monitoring period.
System Size
(Population)
501 to 3,300
101 to 500
<100
No. of Sampling Sites No. of Sampling Sites
(Initial Base Monitoring) (Reduced Monitoring)
20
10
5
10
5
5
The above samples must be collected per monitoring period. For small water
systems, there are two monitoring periods per calendar year, July 1993 to December
1993 and January 1994 to June 1994.
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Compliance Deadlines
ACTION
SYSTEM SIZE
<3,300
Begin monitoring
Complete treatment study
(if required by EPA)
Recommend treatment to EPA
-Study not required
-Study required
Complete treatment installation
-Study not required
-Study required
Complete follow-up monitoring
-Study not required
-Study required
July 93
July 96
July 94
July 96
Jan 98
Jan 99
Jan 99
Jan 2000
Sample Collection Methods And Locations
-First flush tap water samples must stand motionless for at least six hours
before the samples are collected.
-One liter of water must be drawn from the cold water kitchen or bathroom tap.
-Systems may collect samples or enlist residents to collect samples. Residents
fill the container supplied by the water system according to directions and
leave the container for the system to pick up.
-Begin tap water monitoring program by July 1993. Tap water samples must
be collected at high risk locations:
o homes with lead solder installed after 1982,
o homes with lead pipes,
o homes with lead service lines.
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Public Education Program Requirements:
PWSs which exceed the lead action level must deliver a public education
program to their consumers. Please note that this program is different from the public
notification requirements discussed separately beginning on page 74.
The rule provides specific language for use in all printed materials, public
service announcements (PSAs) and broadcast materials. This language describes the
potential health effects of excess exposure to lead and the reasons why lead in drinking
water is of particular concern. It provides step-by-step instructions for water testing
and follow-up actions -that can be taken to reduce both short-term and long-term
exposure to lead in drinking water. The rule also requires the water system to provide
tap collection for any customers who request this service. The system, however, is not
required to pay for collecting and analyzing the sample.
The program must be delivered to your entire service area, and targeted to
high-risk segments of the population . The following are required:
- Distribute informational notices in water utility bills, along with a special
alert on the water bill itself, every 12 months;
- Publish informational notices in major local newspapers, every 12 months;
- Deliver brochures every 12 months to specified facilities and
organizations, including schools, health departments, hospitals/clinics, and
- Release PSAs every six months to at least five of the radio and television
stations with the largest audiences that broadcast to the community served by the water
system.
Water systems must perform these actions within 60 days from the time the
lead action level is exceeded and repeat for as long as the action level is exceeded.
The tribal community must also submit a letter to EPA by December 31st of
each year demonstrating compliance with the public education aspects of the
regulation.
Additional Information
The regulations for lead and copper are contained in Subpart I of 40 CFR
Part 141.
"Fact Sheet: National Primary Drinking Water Regulations For Lead and
Copper" available from EPA.
"Lead and Copper Monitoring Guidance for Water Systems Serving
501-3,300 Persons"
101-500 Persons"
<100 Persons" All available from EPA's National
Drinking Water Hotline.
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WA TER PROGRA MS
DRINKING WATER
SYNTHETIC ORGANIC CHEMICALS (Non-Volatile)
Synthetic organic chemicals (SOCs) are man-made compounds used for a
variety of industrial and agricultural purposes. For monitoring purposes, the SOCs are
divided into two groups - volatile synthetic organic chemicals (VOCs) and others
which are usually called pesticides and PCBs. This page will discuss SOCs that are not
volatile. VOCs will be discussed on a separate page. Also see the page on disinfection
by-products. SOC effects include damage to the nervous system, kidneys and cancer
risks.
Timetable (For Revisions To Regulations)
New regulations called Phase II were finalized January 30, 1991. These
regulations added 13 new SOCs and revised five SOCs. All tribal community and non-
transient non-community water supplies will be required to test for S OCs. For a water
supply that is vulnerable to SOCs, quarterly sampling is required beginning in 1993,
the first compliance period (1993-1996) in the first compliance cycle (1993-2001). If
SOCs are not detected, the required repeat sampling is: two quarterly samples
beginning in the second compliance period (1996) for water supplies greater than 3,3 00
people, or one quarterly sample also beginning in the second compliance period for
water supplies with less than 3,300 people.
It is the water supply's responsibility to perform the vulnerability assessment for
SOCs. The vulnerability assessment is mailed to EPA with a request for a waiver. If
a waiver is granted, no monitoring is required for the compliance period. The water
supply must be granted a waiver before the year testing is required. Every compliance
period thereafter, the water supply must update the vulnerability assessment and be
granted a waiver. Several methods are required to test for all the SOCs, which adds
tremendously to the cost.
The Phase V regulations, which were final on July 17, 1992, added 15 non-
volatile SOCs and three VOCs. The procedures and monitoring requirements are the
same for these contaminants as required under the Phase II rule. Because EPA is
required to add contaminants to the list to be regulated on a regular schedule, SOCs
will probably be added to the list. The water supply will want to perform a vulnerability
assessment on these new SOCs and request a waiver to reduce or eliminate
monitoring.
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MCLs
A separate page is included to list the MCLs for SOCs. These MCLs are not
enforceable in very small systems until 48 months after the final rules are published.
Actions Your Tribal Community Should Be Taking
- Complete any sampling for currently regulated SOCs as required, if your
system uses surface water.
- Cooperate with EPA to determine vulnerability of your water supply to
SOC contamination. If it is determined that you are non-vulnerable (SOCs are not
around to get in your supply) you will not have to sample for SOCs.
- If your system is vulnerable, cooperate with EPA to get the first round of
samples taken. If SOCs are not detected, you will not have to sample until the
second compliance period (1996-99).
If Your Tests Indicate Levels Of A SOC Higher Than The
MCL(Year Average), You Are In Violation Of The MCL. You
Should:
-Continue quarterly sampling (at times of highest vulnerability, i.e., after
fertilizer application and a rain).
-Notify EPA and complete public notices as required.
-Request an exemption from EPA to allow the community to continue to use
the water supply while the solutions to the MCL violation are being explored and any
needed financing is being planned.
-Work with EPA and/or IHS to determine how SOCs are getting into your
water supply. If possible, eliminate the source of contamination. If you must treat
your water supply to remove the SOCs, work with IHS to choose the best available
technology for treatment.
/
Additional Information
- The rules for SOCs are contained in 40 CFR 141.24 and 141.61.
- "Pesticides in Drinking Water Wells," EPA.
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Phase II
Contaminant
Alachlor
Aldicarb *
Aldicarb Sulfoxide *
Aldicarb Sulfone *
Atrazine
Carbofuran
Chlordane
Dibromochloropropane (DBCP)
2,4-D
Heptachlor
Heptachlor Epoxide
Lindane
Methoxychlor
PCB's
Pentachlorophenol
Toxaphene
2,4,5-TP (SILVEX)
Acrylamide
Epichlorohydrin
MCL
0.002 mg/1
0.003 mg/1
0.004 mg/1
0.003 mg/1
0.003 mg/1
0.04 mg/1
0.002 mg/1
0.0002 mg/1
0.07 mg/1
0.0004 mg/1
0.0002 mg/1
0.0002 mg/1
0.04 mg/1
0.0005 mg/1
0.001 mg/1
0.003 mg/1
0.05 mg/1
Treatment Technique
Treatment Technique
*These have been suspended, and will not be enforceable under
current regulations.
Phase V (SOCs)
Endrin
Dalapon
Diquat
Endothall
Glyphosate
Di (Ethylehexyl) Adipate
2,3,7,8-TCDD(Dioxin)
Hexachlorocyclopentadiene
Oxamyl (Vydate)
Simazine
PAH's [Benzo(a)pyrene]
Hexachlorobenzene
Di(ethylhexyl) Phthalate
Picloram
Dinoseb
0.002 mg/1
0.2 mg/1
0.02 mg/1
0.1 mg/1
0.7 mg/1
0.4 mg/1
3 x 10 (-8) mg/1
0.05 mg/1
0.2 mg/1
0.004 mg/1
0.0002 mg/1
0.001 mg/1
0.006 mg/1
0.5 mg/1
0.007 mg/1
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WATER PROGRAMS
DRINKING WATER
VOLATILE ORGANIC CHEMICALS
Volatile Synthetic Organic Chemicals (VOCs) are man-made compounds used
for a variety of industrial and manufacturing purposes. VOCs tend to be in a gaseous
form under conditions that may occur in a water system and then separate from the
water supply. VOCs have various effects on the liver, kidneys, nervous system and
some pose a cancer risk.
Do the VOC regulations apply to tribal communities?
Yes, the initial Volatile Organic Chemical (VOC) rule became effective on
January 9,1989. This rule, called Phase I, set maximum contaminant levels (MCLs)
for eight VOCs and required all community and non-transient, non-community water
supply systems to monitor for, and if necessary, treat their supply to remove these
chemicals. VOC monitoring requirements were revised on June 30, 1991 to
synchronize them with other VOC monitoring requirements in a new set of regulations
called Phase II. This rule set MCLs for 10 additional VOCs. Other Phase II regulations
became effective July 30, 1992. More new regulations, called Phase V, added three
new VOCs. The Phase V rule becomes effective on January 31,1994.
The VOC MCLs are listed below.
Phase I - Effective
VOC
Benzene
Carbon Tetrachloride
1 ,2-Dichloroethane
Para-Dichlorobenzene
1 , 1 -Dichloroethylene
1,1,1 -Trichloroethane
Trichloroethylene
Vinyl Chloride
January 9, 1989
MCL fm£/Tk
0.005
0.005
0.005
0.075
0.007
0.20
0.005
0.002
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Phase II - Effective July 30, 1992
VOC MCL fmg/H
o-Dichlorobenzene 0.6
cis-l,2-Dichloroethylene 0.07
trans- 1,2-Dichloroethylene 0.1
1,2-Dichloropropane 0.005
Ethylbenzene 0.7
Monochlorobenzene 0.1
Styrene 0. 1
Tetrachloroethylene 0.005
Toluene 1
Xylenes 10
Phase V - Effective January 30, 1994
VOC MCL fme/n
Dichloromethane 0.005
1,2,4-Trichlorbenzene 0.07
1,2,2-Trichlorethane 0.005
Monitoring Requirements
A maj or feature introduced in Phase II is its plan for synchronizing compliance
monitoring across several existing and upcoming rules. Under this Standardized
Monitoring Framework, the various monitoring frequencies for most source-related
contaminants will be coordinated within compliance periods of three years each.
Some monitoring and related system activities, such as vulnerability assessments, will
occur at intervals which may span across up to three of these three-year periods,
forming a nine-year compliance cycle. The first compliance cycle and the initial
compliance period both begin on January 1, 1993.
Other features of Phase II monitoring requirements include:
Sampling location - Groundwater systems must sample at entry points to the
distribution system which are representative of each well after any application of
treatment. Surface water systems must sample at points within the distribution
system which are representative of each source or at entry points to the distribution
system after any application of treatment. Samples must be analyzed by a State-
certified lab.
Initial sampling frequency - All systems must sample at a base (or minimum)
frequency which is specific for a contaminant or contaminant group. EPA may
grant monitoring waivers (as discussed below) and may allow a system to
substitute suitable previous monitoring data for this initial monitoring. In the
initial compliance period, the actual year in which a system samples will be
determined by EPA.
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Repeat sampling frequency - In general, if a system does not detect contaminants
in initial samples, then repeat sampling frequencies will be lower than initial frequencies.
Repeat monitoring requirements are generally the same for all systems regardless of
system size or water source.
Trigger to increase monitoring - If contaminants are detected in any sample, the
system must begin quarterly sampling until EPA determines that subsequent results are
"reliably and consistently" below the MCL. At least two to four samples must be taken
before this determination may be made. Detection is defined separately for various
contaminants or contaminant groups at either the MCL, 50 percent of the MCL, or at
the analytical method detection limit.
Monitoring waivers - Sampling frequencies may also be reduced or eliminated if
the system obtains a waiver based on: previous sampling results and/or an assessment
of the system's vulnerability to each specific contaminant. There are two types of
waivers based on vulnerability assessments:
Use waiver: A system may be eligible for a waiver if it can show that a
contaminant has not been used, manufactured and/or stored withing a certain area
around the system's water source. If use cannot be determined, a use waiver cannot be
granted.
Susceptibility waiver: Even if a system is not eligible for a use waiver, it may
be eligible for a waiver based on its susceptibility in terms of source protection,
wellhead protection program reports, previous sample results, environmental transport
and fate of the contaminant, and elevated nitrate levels. If susceptibility cannot be
determined, this type of waiver cannot be granted.
Unregulated contaminant monitoring - Phase II also contains one-time
monitoring requirements for 30 other contaminants during the initial period which
begins on January 1, 1993. Systems must take one year of quarterly samples for
organic contaminants, and one sample for inorganic contaminants. No MCLs have
been set for these contaminants, and no further monitoring is required if these
chemicals are detected. Systems only need to report the results of this monitoring to
the State. Systems with less than 150 service connections may request a waiver from
EPA.
Additional Information
The rules for VOCs are contained in 40 CFR 141.24 and 141.61.
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Compliance Monitoring Requirements
Contaminant
Asbestos
Nitrate
N'ioiis
Inorgarucs
VOCs*
17 Pesticides
and ornvir- 5OC.:s
Unregulated
IOCs\
SOCs
Base Requirement
Ground water Surface water
1 Sample every 9 years
Annual 1 Quarterly
After 1 year < 50% of MCL, SWS
may reduce to an annual sample
1 Sample: If < 50% of MCL,
state discretion
1 Sample every Annual sample
3 years
4 Quarterly samples every 3 years
Annual after 1 year of no detects
4 Quarterly samples every 3 years
After 1 round of no detects: systems
>3300 reduce to 2 samples per year
every 3 years; systems £ 3300
reduce to 1 sample every 3 years
1 Sample
4 Consecutive quaneriy samples
Trigger that
Increases
Sampling
>MCL
> 50% MCL
> 50% MCL
> MCL
> 0.0005 mg/L
Method
Detection
Limit
(MDL)
N.A.
Waivers
for Base
Requirements »
YES
Based on VA1
NO
NO
YES
Based or. analytical
resuhs of 3 rounds
YES
Based on VA<
YES
Based on VA1
YES
Based on VA!
1 VA - Vulnerability Assessment
- Volatile Organic Chemicals
lOCs - Inorganic Chemicals
SOCs - Synthetic Organic Chemicals (Non-Volatile)
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WATER PROGRAMS
DRINKING WATER
COLIFORM MONITORING
Bacteria from sewage and animal wastes have presented the most frequent and
immediate healthrisks to water supplies overthe years. Coliform bacteria, specifically
the presence of fecal and E. coli bacteria, are used as the best and most easily tested
for indicators of potentially harmful bacteria in the water.
Does The Coliform Monitoring Rule Apply To My Reservation?
Yes, all tribal water systems must submit samples for coliform bacteria testing
on a regular monthly basis. Failure to submit samples, meet the MCL and report non-
compliance are all violations of the rule.
Timetable
Your community has been required to test for coliform bacteria for many years.
The 1986 Amendments to the Safe Drinking Water Act caused new rules to be
published that change some of the procedures for testing, change the MCL and require
certain public notification related to coliform monitoring. These rules were published
in final form on June 29, 1989, and became effective December 31, 1990.
MCLs
The MCL is based on the presence or absence of total coliforms in a sample (the
old MCL was based on an estimate of coliform density). The presence of total
coliform bacteria indicates the possible presence of fecal and disease-causing bacteria.
A small water system may have no more than one coliform-positive sample per month.
Monitoring Requirements
You are required to submit a minimum of two routine samples per month,
depending on the size of your system — one sample for 25-1000, two samples for
1,001 to 2,500, and three for 2,501 to 3,300. (Carefully follow procedures for
sampling provided by your testing laboratory.). Samples are to be from different
tribal members' taps from month to month. If the sample tests positive for total
coliforms, you must (within 24 hours of notification of the result) collect four repeat
samples for each positive routine sample. These repeat samples must be collected
within five service connections of the original sample with at least one being at the
original location, at least one upstream and at least one downstream. If total coliforms
are detected in any repeat sample, your water system is in violation of the MCL and
you must notify EPA no later than the end of the next business day that you learned
of the violation.
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If fecal coliforms orE. coli are identified in a repeat sample following a routine
total coliform positive sample (or vice versa), it becomes an acute violation and you
must notify EPA the same day you receive the results. During the month following
one or more positive coliform samples, you must collect a minimum of five routine
samples. EPA may choose to require more routine samples per month.
A sanitary survey of your system is conducted by EPA at least every five years.
The initial survey must be completed by June 29,1994. Without the sanitary survey,
you would have to collect a minimum of five routine samples every month.
Actions Your Tribal Community Should Be Taking
If Your System Is Not Having Total Coliform Positive Tests:
-Continue to submit regular samples and review results.
-Maintain a good operation and maintenance program for your water system
including regular line flushing at fire hydrants and on dead ends.
If Your System Has A Coliform-Positive Sample Result:
-Immediately take and process your repeat samples.
-Carefully review your sample taking procedures to be sure you are not
accidentally contaminating the samples.
-Call EPA and ask for help to locate any possible sources of contamination.
-Follow EPA's direction in issuing public notices.
Additional Information
The rule for coliform monitoring is primarily contained in 40 CFR 141.21 &
141.63, and public notice rules in 40 CFR 141.32.
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WA TER PROGRA MS
DRINKING WATER
SURFACE WATER TREATMENT RULE
The Surface Water Treatment Rule (SWTR) was published in the Federal
Registeron June 29,1989. ItbecameeffectiveonDecemberSl, 1990. This rule requires
water treatment in lieu of water testing because it regulates contaminants which are
difficult to detect and pose acute health risks.
Under this rule, disinfection and filtration are required for surface water
systems and for groundwater systems under the direct influence (UDI) of surface water.
These systems must install filtration if the microbiological, turbidity and other standards
in this rule are not met. All surface water systems must disinfect.
Does the Surface Water Treatment Rule apply to tribal communities ?
Yes, it applies to all Water Supply Systems (community and non-community)
using a surface water source (i.e. water open to the atmosphere and subject to surface
runoff) or a groundwater source under the direct influence of surface water.
Water Treatment Requirements
Specific enforceable MCL standards for these microbial contaminants are not
established in this rule. Instead, treatment will be required for surface water systems.
Criteria to be met by systems seeking to avoid filtration
Although all surface water systems are required to filter their water, unfiltered
ystems may avoid this requirement as long as they meet certain source water quality
and system operation criteria. These criteria are given in the following table. The water
supply source must not exceed bacterial and other standards before the water is treated.
The effectiveness of disinfection will be demonstrated in part by the amount of
disinfectant in treated water and the length of time it is in contact with the water before
reaching the first customer.
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The water system must also operate in a way which minimizes the risk that the
supply will be susceptible to microbiological contamination:
-System must maintain a watershed control program.
-Systemmusthave no more than 2 monthly total coliformMCL violations in any
consecutive two month period.
-System must have no history of waterborne disease outbreaks.
-System serving 10,000 or more people must be in compliance with Total
Trihalomethane requirements.
Criteria for filtered systems
Systems which filter their water must ensure that the overall filtration and
disinfection process they use is performing effectively as demonstrated by turbidity
and disinfection criteria. These criteria are given in the table below. Aswithunfiltered
systems, effectiveness will be demonstrated in part by the amount of disinfectant and
the length of time it is in contact with the water before reaching the first customer.
Unfiltered System Criteria
Criterion
Source water quality
Coliforms
Turbidity
Disinfection
Giardia
Viruses
Residual
ColiformSampling
25-501 persons served
501-3300
3301-10,000
10,000-25,000
Standard
acceptable
<5NTU
99.9% effective
99.99% effective
0.2 mg/1 at entry
I/week
2/week
3/week
4/week
Filtered System Criteria
Criterion
Turbidity
Disinfection
Giardia
Viruses
Residual
Standard
<5NTU at all times
<0.5NTUin95%ofall
samples
99.9% effective
99.99% effective
0.2 mg/1 at entry
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Compliance
Systems are given time to comply with the water quality standards and
treatment requirements of this rule. Specific dates are given in the following table.
Surface water (SW) systems
- Unfiltered systems must meet monitoring requirements within 18 months
after the rule becomes effective.
- To avoid filtration, unfiltered systems must meet criteria within 30 months
after the rule becomes effective. Beginning 30 months after the rule becomes
effective, unfiltered systems which fail to meet any criteria must install filtration
within 18 months of such failure.
- Filtered systems must meet monitoring and treatment performance
requirements beginning 48 months after the rule becomes effective.
Groundwater systems under direct influence of surface water
(GW-UDI)
-EPA will determine which water systems are under direct influence of
surface water within 5 years after the rule becomes effective.
Compliance Dates
System Type
SW-UF
SW-UF
SW-UF
SW-F
GW-UDI
Requirement
Begin monitoring
Meet all criteria to
avoid filtration
Install filtration if
required to filter
Performance and
monitoring
EPA must notify
system that it is UDI
Date
12/31/90
12/31/91
6/29/93
6/29/93
6/29/94
AdditionaHnformation
The rule for surface water treatment is contained in Subpart H of 40 CFR
Part 141.
EPA's "Guidance Manual for Compliance with the Filtration and Disinfec-
tion Requirements for Public Water Systems Using Surface Water." Call
the Safe Drinking Water ActHotline: 1-800-426-4791.
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WATERPROGRAMS
DRINKINGWATER
RADIONUCLIDES
Radionuclides are radioactive particles that occur naturally in areas of uranium
and radium deposits and in waste from man-made processes. Radionuclides, even in
very small concentrations, pose a cancer risk.
Does the Radionuclides Regulation Apply to Tribal Communities?
Yes, radionuclides have been regulated since 1976 with MCLs currently set for
four types. All water systems must test for radionuclides at least every four years.
Timetable (For Revision of Regulation)
Proposed regulations were published in July 1991 that will add MCLs for two
additional radionuclides (Radon and Uranium). Final new rules may be published in
1995. Radon, hoever, is under a moratorium and will not be included in the 1995 rule.
Systems will begin to monitor under the new radionuclide rules in 1996. Until then,
continue to monitor under the old rules.
MCLs
The following are current MCLs for radionuclides and the levels that are
proposed. The units of measure are peculiar to radioactivity and represent very small
quantities.
CurrentMCL MCL Likely to be Proposed
Gross Alpha Particle Activity
Combined Radium - 226 & 228
Radium-226
Radium-228
Uranium
15pCi/l
5pCi/l
15pCi/l
5pCi/l
5pCi/l
80ug/l
Actions your tribal community should be taking
Submit samples as required for routine testing. The monitoring process requires
one sample every three months for one year (four samples in total). Unless test results
indicate radionuclide values above or near the MCL, the test is repeated only every
four years. Mark your calendar a few months prior to the four year time limit to remind
yourself to test.
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Compliance with the MCL is based on the results of a composite of the four
quarterly samples.
If Your Tests Indicate Levels of Radionuclides Higher Than The
MCL, You Should:
-Ask EPA if you should resample to confirm the test results.
-Follow EPA's instructions regarding when and what type of public notice you
need to give.
-Request an exemption from EPA to allow the community to continue to use the
water supply while solutions to the MCL violation are being explored and any needed
financing is being planned.
-Start working with EPA and/or IHS to consider options to eliminate the
radionuclides from your system. In nearly all tribal water systems, finding a different
source of water supply is the most economical solution to a radionuclide problem.
-Remember that exposure to radionuclides at levels found in water is a risk over
long term exposure. It is not an acute risk for short periods of time. Don't panic or start
unrealistic fears. Do proceed to work out a reasonable and affordable solution for your
drinking water supply.
Additional Information
The rule for radionuclides is contained in 40 CFR 141.15, 16 and 26.
"A Study of Possible Economical Ways of Removing Radium From Drinking
Water" is available from EPA by calling the Safe Drinking Water Hotline at
1-800-426-4791.
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WATER PROGRAMS
DRINKEVGWATER
DISINFECTION AND DISINFECTION BY-PRODUCTS
Disinfectants (such as chlorine) are the primary defense against diseases caused
by microbiological contaminants in public water systems. More than 90% of surface
water supply systems disinfect their water while less than half of the ground water
supplies are disinfected. Although disinfection is the single most important treatment
technique in use in public water supplies, the disinfectants themselves can react with
organic materials in water supplies to form disinfection by-products (DBFs) which may
prove to contaminate the water with compounds that increase cancer risk.
Do the Disinfection and Disinfection By-products Regulations
Apply to Tribal Communities?
Yes, all community and NTNC water systems will be required to disinfect their
water, with allowance for variances if the water comes from sources that are determined
not to be at risk from microbiological contamination. Monitoring for DBFs will be
limited to systems that are determined vulnerable to their development.
Timetable
Surface water supplies are now covered by final rules on filtration and
disinfection that were published on June 29, 1989. These rules require disinfection of
all surface water supplies and become effective over the next three years as determined
by EPA schedules. Rules for general disinfection of all drinking water supplies were
proposed in June 1993 and include MCLs for a number of disinfectants and disinfection
by-products. At present, three disinfection by-products (trihalomethanes) are regulated
but only in community supplies of 10,000 or greater population.
MCLs
EPA proposed changing the standards in two stages. The first stage would lower
the existing maximum contaminant level (MCL) for total trihalomethanes from
0.10 mg/1 to 0.080 mg/1, for all public water systems. New MCLs would be established
for six other contaminants, and amaximum residual disinfectant level. Some public water
systems would be required to provide additional treatment to control these
contaminants. The second stage would evaluate whether lower MCLs would be
appropriate, using information available after the first stage.
Another regulation, the Groundwater Disinfection Rule is expected to be proposed
in late 1995. This rule would require all public water systems using groundwater to
disinfectthe source and distribution system. Wells that were vulnerable to contamination
by bacteria and/or viruses would be required to have continuous disinfection.
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Actions Your Tribal Community Should Be Taking
-If your water supply is surface water, contact EPA to determine your schedule
for compliance with the filtration and disinfection rules.
-If your water supply is groundwater and you are now adding a disinfectant, start
regular disinfectant residual tests (weekly or monthly) at some consumer taps to
determine how much disinfection is available at the "end-of-the-line" in your system.
This will help you plan for modifications in your disinfection to meet any new standards
that are required.
-If your water supply is groundwater and you are not adding a disinfectant now,
the following steps may help in your planning:
o Check your coliform bacteria tests over the past three or four years. A
history with some coliform positive tests are likely to require you to
disinfect.
o If you have no coliform-positive tests, keep it that way by following a
proper sampling procedure and through good maintenance and operation
of your water supply and distribution systems.
o Look at and price different equipment for disinfection. For most
small systems, chlorination provided through gas, liquid solutions or
granular compounds are the methods used. Costs vary and may not be out
of reach for your community. EPA,IHS, or an equipment supply firm can
help you with this information.
o Visit neighboring communities that are disinfecting and see how they
do it and what it costs.
Additional Information
The authority for Disinfectants and DBFs is in Section 1412 (b) (8) of the
SDWA.
"Protecting Our Drinking Water From Microbes," EPA, available by calling
the National Drinking Water Hotline 1-800-426-4791.
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WATERPROGRAMS
DRINKEVGWATER
PUBLIC NOTIFICATION
With the enactment of the Safe Drinking Water Act, Congress required that
drinking water systems notify their customers/tribal members when drinking water
standards are violated. The purpose of public notification is to inform consumers of
any potential adverse health effects and to describe what steps consumers can take to
minimize the impact. It should also educate the consumer about the needs of the public
water system to assure the delivery of safe drinking water.
Do the Public Notification Rules Apply to Tribal Communities?
Yes, the Safe Drinking Water Act requires owners /operators of all community
drinking water systems to notify the persons they serve if certain violations of the
National Primary Drinking Water Regulations or certain other specified events occur.
Timetable
Public Notification rules are now in effect for all contaminants that your
community is required to monitor for. As new contaminants are regulated and
monitoring is required in your tribal community, you are also required to give public
notification when violations occur. This information describes the Federal Rules.
Your state may add requirements for your area.
Types of violations requiring Public Notification
There are six violations or events that require Public Notification:
1. Failure to comply with an applicable maximum contaminant level (MCL)
2. Failure to comply with a prescribed treatment technique
3. Failure to perform water quality monitoring (testing) as required by the
regulations
4. Failure to comply with testing procedures as prescribed by a National
Primary Drinking Water Regulation
5. Issuance of a variance or an exemption
6. Failure to comply with the requirements of any schedule that has been set
under a variance or exemption
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Notification Procedures
The method, timing and frequency of notifying the public varies based on the
"level" of the violation and the availability of the public communication media. There
are two "levels" of violation. Tier 1 violations include numbers 1,2 and 6 listed above,
namely, failure to comply with an MCL; failure to comply with a treatment technique:
failure to comply with a schedule prescribed under a variance or exemption.
Tier 2 violations are less serious and have simpler notification requirements.
They include numbers 3, 4 and 5 listed above, namely, failure to comply with
monitoring requirements; failure to comply with testing procedures; operating under
a variance or exemption.
Tier 1 violations are subdivided into "acute" and "non-acute" violations.
"Acute" risks are those that involve an immediate risk to human health. These are
violations specified by EPA and presently must include violations of the MCL for nitrate
and/or nitrite, violations of the MCL for total cqliforms when fecal coliforms or E. coli
are present, and occurrences of a waterborne disease outbreak in an unfiltered surface
water system.
Actions Tribal Communities Should Take
If you are informed of test results that indicate you are in violation of an MCL
or you are informed of another violation, immediately contact EPA and notify them
of the violation and ask their direction in proceeding with public notification. (Note:
EPA may declare a sample invalid or require a check sample before confirming a
violation and thereby ask you to delay public notification.)
Methods of Notification
Reservations with a daily (or weekly) newspaper of general circulation (received
yy most households) on the reservation:
Tierl Violations
1. Provide notice within 14 days of the violation through the newspaper, AND
2. Provide notice by direct mail or hand delivery within 45 days of the violation.
Repeat this notice every three months as long as the violation continues, AND
3. For ACUTE VIOLATIONS ONLY - Deliver notice to the principal
television and radio station serving the area within 72 hours following the
violation.
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Tier 2 Violations
1. Provide notice within three months of the violation through the newspaper
AND
2. Provide notice by mail or hand delivery within three months of the initial
newspaper notice. Repeat this notice every three months as long as the violation
continues.
Methods of Notification
Reservations without a newspaper:
Tier 1 Violations
1. For ACUTE VIOLATIONS ONLY - Provide notice by hand delivery or
by posting within 72 hours of the-violation, AND
2. For non-acute violations - Provide notice by hand delivery or by posting
within 14 days of the violation., AND
3. Repeat the notice by hand delivery every three months or by continuous
posting for the duration of the violation.
•
Tier 2 Violations
Provide notice by hand delivery or by posting within three months of the
violation. Repeat the notice by hand delivery every three months or by
continuous posting for the duration of the violation.
Information That Must Be Included In The Public Notice:
1. Must provide a clear and readily understandable explanation of the
violation.
2. Must include information about any potential adverse health effects.
3. Must contain information about the population at risk.
4. Must contain information about the steps being taken to correct the
problem.
5. Must contain information about the necessity of seeking alternative water
supplies, if any.
6. Must include any preventive measures that should be taken until the
violation is corrected.
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7. Must be clear and conspicuous.
8. Must not contain unduly technical language.
9. Must not contain unduly small print.
10. Must not create problems that frustrate the purpose of the public
notification.
11. Must include a phone number of the owner, operator, or someone to
contact at the public water system as a source of additional information.
12. Where appropriate, notices must be multi-lingual.
Mandatory Health Effects Language
EPA has established language on the health effects of contaminants found in
drinkingwater. The EPA language must be included in notices by public water systems
where the system is:
- In violation of an MCL or treatment technique,
- Has been granted a variance or exemption,
- Is operating under a variance or exemption,
- Fails to comply with a variance or exemption schedule.
Currently promulgated mandatory health effects language is included in the
public notification regulations cited below.
Notice to New Billing Units
In addition to complying with the public notification requirements for Tier 1
violations, community water systems must provide notice to new billing units of any
existing Tier 1 acute and non-acute violations. A copy of the most recent public notice
must be given to all new billing units or hookups prior to or at the time service begins.
Additional Information
The rule for Public Notification is contained in 40 CFR 141.32.
"General Public Notification for Public Water Systems," EPA, available by
callingtheNational Safe Drinking Water Hotline at 1-800-426-4791 forafree
copy.
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WATERPROGRAMS
DRINKING WATER
Regulatory Development Schedule
An important part of planning is knowing the specific regulations that will affect
yourparticular tribal members andits water system(s), and further, knowing when these
regulations will be in effect and enforced in your tribal community. Following is the
most recent schedule for the development of the new regulations.
Rule
Fluoride
Lead Ban (SDWA 1417)
Phase I Volatile Organics
Public Notification
Surface Water Treatment Rule
Total Coliform Rule
Phase II lOCs and SOC
Lead/Copper
Phase V lOCs and SOCs
Phase III Radionuclides
Disinfection/DisinfectionBy-Products
Revised Arsenic Standard
Sulfate Rule
Phase VIB SOCs and lOCs
Repropose MCls for Aldicarb,
Aldicarb sulfoxide, aldicarb sulfone
Additional List Contaminants
Status
Final
Final
Final
Final
Final
Final
Final
Final
Final
Proposed
TBP
TBP
TBP
TBP
TBP
TBP
Effective
10/87
6/86
1/89
4/89
12/90
12/90
7/92
12/92
1/94
1994
1996
9/94
10/93
1993
12/93
1997
- TBP means To Be Proposed
- IOC means Inorganic Chemicals
- SOC means Synthetic Organic Chemicals
- Some effective dates are phased-in by system size
- EPA Rules are generally effective 18 months after being finalized
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WATERPROGRAMS
DRINKING WATER
UNDERGROUND INJECTION CONTROL
The Underground Injection Control (UIC) program is authorized by the Safe
Drinking Water Act. The program is primarily preventative in nature and regulates
such aspects as siting, construction, operation, monitoring, and testing of various
types of wells used to inject fluids underground. Five classes of wells are recognized,
including:
Class I - Used to inject industrial, municipal or hazardous wastes below the
lowest underground source of drinking water (USDW).
Class II - Used to inject fluids associated with oil and natural gas production.
Class III - Used to inject fluids for extraction for minerals such as salt and
uranium.
Class IV - Used to inj ect hazardous or radioactive wastes into or above a USDW.
Class V - Wells not otherwise classified and generally used to inject non-
hazardous fluid into or above a USDW.
Class I, II, and III wells have specific requirements regarding their construction
and operation, and have been generally accounted for. Class IV wells are banned
unless part of an authorized groundwater cleanup. Class V well occurrence is not as
well documented, since this category includes any well not covered under the first
four Classes. There are a variety of constructions and uses for Class V wells, including
deep cased wells, seepage pits, cesspools, and septic tanks with lateral (tile) fields.
(S eptic tanks handling strictly domestic wastewater and serving fewer than 20 persons
a day are exempt from UIC regulation.) These factors make this type of well difficult
to locate. Many Class IV wells are mis-identified as Class V wells. If a well is identified
as being a Class IV well, closure is required. Class IV and V wells can serve virtually
any type of industrial or commercial facility including automotive service stations,
lawn services, laundries and dry cleaners, transportation and road facilities, local
weed control authorities, photo processing labs, electroplating companies, printers
and lithographers, chemical plants, electronics manufacturers, pharmaceutical plants,
food processors, and much more.
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WATERPROGRAMS
CLEAN WATER
106 WATER QUALITY MANAGEMENT PLAN
Section 106 of the Clean Water Act (CWA) provides financial assistance for the
assessment, then the prevention, reduction, and elimination of water pollution. The
Section 106 grant can be used as a foundation for creating water quality programs.
Using 106 funds, tribal communities can fundwork related to a water quality standards
program, groundwater protection, wetlands protection, and abatement of nonpoint
source water pollution. The 106 funds cannot be used to construct water treatment
facilities, to monitor the quality of water used solely for drinking, or work with water
rights.
Unless changed by the pending CWA reauthorization, up to three percent of the
national section 106 allocation of funds is set aside for Indian tribes. To receive a
grant, a Tribe must have "treatment-as-a-state" designation under Section 106. In
addition, the Tribe must have an EPA-approved workplan. Either Tribal staff or
consultants can be used. Some tribes have used 106 monies alongside multi-media and
other grants monies.
S ome of the tribal proj ects that have already been funded under the 106 program
include:
- Developed and refined Best Management Practices
- Developed and implemented a water quality standards program
- Reviewed stream classification system, compiled/evaluated existing
data/conducted a Rapid Bioassessment of streams
- Evaluated pesticide contamination of surface water/conducted detailed
ammonia study
- Conducted groundwater inventory
- Assessed the effects of siltation on a river
- Developed a water quality classification, and assessed management options.
Additional Information
- "Clean Water Act Grants for Indian [Nations] Section 106 Guidelines"
- "Indian [Nations]: Water Quality Planning & Management,"
Federal Register. Vol. 54, No. 68, April 11, 1989.
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WATER PR(
CLEAN WATER
Nonpoint Source Pollution Control
Section 319(h) of the Clean Water Act 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, tribes can fund activities including information and education,
demonstrationprojects, and implementation of Best Management Practices (BMPs) for
controlling nonpoint sources of pollution. The 319 program is a non-regulatory
program.
Up to one-third of one percent of the national section 319 allocation of funds is
set aside for Indian tribes. To receive a grant, a Tribe must have "treatment-as-a-state"
designation under Section 319. In addition, the Tribe must have an EPA-approved
nonpoint source assessment and nonpoint source management plan. A section 106
grant can fund the assessment and management plan. A project implementation plan
and workplan are also required. Normally, a non-federal match of 40% is necessary.
Additional Information
- "Indian [Nations]: Water Quality Planning & Management," Federal Register.
Vol. 54, No. 68, April 11,1989.
- "Guidance on the Award and Management of Nonpoint Source Program
Implementation Grants under Section 319(h) of the Clean Water Act," June 11,1993.
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WATERPROGRAMS
6
CLEAN WATER
Water Quality Standards Program
S ection 518(e) of the Clean Water Act requires Indian Nations that qualify to
be treated as states, and to develop, review, and revise water quality standards, under
Section 303 of the CWA, for all surface waters within their jurisdictional boundaries
that meet EPA's regulatory definition of "waters of the United States." Such water
quality standards must include designated water uses, in-stream criteria sufficient to
protect such uses, and an antidegradation policy. Water quality standards must be
reviewed and revised, if necessary, at least every three years.
Tribes may participate in the water quality standards program following EPA
approval of a tribe's application for "treatment-as-a-state" under Section303 of the Act.
Tribes may use Section 106 grants for fundingthe development and implementation of
standards. No other additional funding is available under Section 303 of the Clean Water
Act. Tribes may select one of the following three options for adopting standards:
- Negotiate a cooperative agreement with an adjacent state to apply the
state standards to the reservation;
- Adopt the standards of an adjacent state as the tribe's own, with or
without modifications; or
- Independently develop and adopt tribal water quality standards.
Water quality standards adopted by a Tribe must be submitted to EPA for
approval. Tribal water quality standards serve as the foundation for water quality
certifications under Section 401 of the Clean Water Act, and may be implemented
through NPDES permits, dredge and fill permits ("404 permits) and best management
practices to control nonpoint sources of pollution.
Additional Information:
- 40 CFR, Part 131, Water Quality Standards Regulation.
- "Amendments to the Water Quality Standards Regulation that pertain to
Standards on Indian Reservations;" Final Rule. 56 Federal Register
64876, December 12,1991.
- "Reference Guide to Water Quality Standards for Indian [Nations],
US EPA, January 1990.
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WA TER PROGRA MS
CLEAN WATER
Indian Set-Aside Program
The 1987 Amendments to the Clean Water Act authorized the Administrator
of the Environmental Protection Agency to make grants available to tribes under the
Indian Set-Aside Grant Program. Funds of one-half of one percent are taken off the top
of each year's appropriation, beginning in FY87. Grants are awarded according to a
priority list for the development of waste water management plans and the construction
of sewage treatment works to serve Indian Nations. Priority listing is based on three
categories of criteria: water quality, public health, and existing level of treatment.
The Indian Set-Aside Program is administered by EPA for the purpose of
providing funds to:
- Federally recognized Tribes with control over reservation land;
- Alaska Native Villages (as defined in the Alaska Native Claims Act); or
-Tribes on former reservations in Oklahoma.
The definition of Indian Nation provided in Section 518 of the Clean Water Act
is "Any Indian [Nation], band, group, or community recognized by the Secretary of the
Interior and exercising governmental authority over a federal Indian reservation."
Additional Information:
"Guidelines and Requirements For Applying For Grants From The
Indian Set-Aside Program," EPA, April 1989.
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WATERPROGRAMS
CLEAN WATER
6
Clean Lakes Program
Section 314 of the Clean Water Act provides financial assistance in the form of
cooperative agreements with Tribes under the Clean Lakes Program. Funds are
provided in four stages: l)Lake Water Quality Assessment, 2)Phase I Diagnostic/
Feasibility Study, 3)Phase II Implementation, and 4) Phase III Post-implementation
Monitoring. Because of the technical nature of the Clean Lakes Program, atribe should
have a functioning water quality program in place before applying for the 314 program.
To receive a grant, a Tribe must qualify to be treated as a State under Section
518 (e) of the CWA. In addition, the Tribe musthave anEPA-approved workplan, and
Quality Assurance Project Plan. The tribe may, upon demonstration of hardship,
provide aminimum 10 percent cost share rather than the usual 50 percent for lake Water
Quality Assessment and Phase I grants, or 30 percent for Phase I and III grants.
Additional Information
- "Indian [Nations]: Water Quality Planning & Management," Federal Register.
Vol. 54, No. 68, April 11,1989.
- "The Lake and Reservoir Restoration Guidance Manual," EPA 440/4-90-007
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WATERPROGRAMS
CLEAN WATER
NATIONALPOLLUTANTDISCHARGEELIMINATION
SYSTEM (NPDES)
Public Law 92-500 amended the Federal Water Pollution Control Act in 1972 (later
amended andrenamed the Clean Water Act). It established a national policy to restore
and maintain the chemical, physical and biological integrity of the nation's waters. The
U.S. EPA has responsibility for administeringNPDES permits to Tribes. Thesepermits
are issued to operators discharging any pollutant (including wastewater effluent) to
Tribal waters (such as streams, lakes, wetlands, etc.)
NPDES permits contain limits which reflect minimum treatment requirements
(such as secondary treatment) and may also include limits to protect water quality
standards. Tribes authorized by EPA to administerthe water quality standards pro gram
must certify that an NPDES permit is consistent with Tribal water quality standards by
issuing a 401 certification to the permit-issuing authority.
Actions a Tribal Community Should Be Taking
Maximize member awareness and education concerning wastewater collection
and disposal, available solution alternatives, funding resources and procedures for
implementing the most appropriate wastewater collection and treatment facility.
Numerous technical and administrative resources are available at little or no cost to
the tribal members.
Revisions to the NPDES regulations, which would allow Tribes to be delegated
by EPA to administer the NPDES program and issue permits, are beingplanned. Until
such regulations are promulgated, and a Tribe so authorized, EPA is the permitting
authority for discharges to Tribal waters.
Additional Information
Federal Water Pollution Control Act of 1972 (33 U.S.C. 1342).
EPA Administered Permit Programs: The National Pollutant Discharge
Elimination System, 40 CFR122.
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WATERPROGRAMS
CLEAN WATER
SECONDARY TREATMENT OF WASTEWATER
S econdary treatment is the minimum treatment requirement for most community-
owned (public or tribal) treatment works. Secondary treatment, among other things,
requires that effluent concentration of five-day biochemical oxygen demand (BOD5)
and total suspended solids not exceed 30 mg/1 as a 30-day average. In general, at a
minimum, the treatment process must be a stabilization pond.
Does The Secondary Treatment Regulation Apply to Reservations?
Yes, all treatment facilities that discharge to waters of the U.S. must comply.
Beneficial uses of the receiving waters may necessitate higher quality effluent be
discharged or possibly require no discharge.
Actions Your Tribal Community Should Be Taking
If a wastewater treatment plant discharges to waters of the United States (such as
streams, lakes, wetlands, etc.), it is required to have a National Pollutant Discharge
Elimination System (NPDES) permit. The permit will specify effluent limitations and
monitoring requirements.
If a treatment facility cannot meet the effluent limitations specified in the permit,
it may be necessary to upgrade the treatment facility, review operational improvements,
and/or improve the sewer collection system to correct excess inflow/infiltration
problems. If you suspect a problem, notify the organization you feel appropriate,
starting with the facility itself, tribal officials, or EPA officials responsible for water
quality and/or wastewater discharge permits.
Revisions to the NPDES regulations, which would allow Tribes to be delegated
by EPA to administer the NPDES pro gram and issue permits, are being planned. Until
such regulations are promulgated, and a Tribe so authorized, EPA is the permitting
authority for discharges to Tribal waters.
Additional Information:
U. S. EPA Secondary Treatment regulation, 40 CFR133.
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WATERPROGRAMS
CLEAN WATER
SEWAGE SLUDGE* USE AND DISPOSAL
Municipal wastewater sludge is a by-product of the wastewater treatment
process. Sludge regulations ensure that sewage sludge is properly handled by disposal
or reused as a soil conditioner or fertilizer.
Do The Sewage Sludge Regulations Apply to Tribal Communities?
Yes, the regulations apply if the wastewater treatment system includes any form
of central treatment or mechanical plant, including a lagoon, which will need to be
cleaned. The regulations do not apply if individual on-site septic systems are used.
However, the septage from the individual on-site systems must be disposed according
to final regulation.
Timetable
The final Sewage Sludge regulations were published on February 19,1993 and
became effective March 22, 1993. If tribal communities can meet the requirements
of the sludge regulations without construction, it must be done by February 19,1994.
However, if construction is required, tribal communities will have until February 19,
1995. Monitoring and recordkeeping must commence by July 19,1993.
Actions Your Tribal Community Should Be Taking
Be aware of restrictions covering proper use of the sewage sludge for land
application (agricultural and small quantity local use) and proper disposal
(incineration, and surface disposal). Tribal communities (exceptthosewithlagoons**)
should immediately begin testing the sludge being disposed of to determine its quality.
Then, the communities should evaluate which options are available based on the sludge
in accordance with the regulations.
These regulations are "self-implementing." In other words, they are in effect and
enforceable regardless of whether or not they are in your current wastewater treatment
facility permit.
*The term, "Biosolids," maybe used instead of "sludge" in some literature.
* *Lagoons are not required to comply with the Sewage Sludge regulations until
the sludge is removed from the lagoon.
Additional Information:
Sewage Sludge Final Rule, 40 CFRPart 503.
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WATERPROGRAMS
CLEAN WATER
PRETREATMENTREQUIREMENTS
Pretreatment is the treatment of a waste before it is discharged into the sanitary
sewer. Apretreatment 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.
Do The Pretreatment Requirements Apply to Tribal Communities?
Traditionally, the smaller treatment facilities with individual discharges are not
required to establish local pretreatment programs. If the tribal community has non-
domestic users (such as sawmills, food processing plants, metal finishers, etc.)
discharging pollutants that could pass through the treatment facility untreated or
interfere with operations, the tribal community may have to implement a pretreatment
program to satisfy the National Pollutant Discharge Elimination System (NPDES)
permit requirements.
Your current NPDES permit contains a section on prohibited discharges and
industrial waste. These are pretreatment requirements and are designed to insure that
you protect your treatment facility. 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 you are required to establish a pretreatment program ,your tribal community
will need to establish ordinances implementing the pretreatment requirements, and
identify a person responsible for insuring the program is administered and enforced.
If your tribal community wants to establish a local pretreatment program, and is not
required to through your NPDES permit, contact EPA for assistance.
Additional Information :
PretreatmentFinalRule, 40 CFR403.
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WATERPROGRAMS
CLEAN WATER - STORM WATER
The storm water regulations are a new part of the National Pollutant Discharge
Elimination System (NPDES). As part of the Clean Water Act amendments of 1987,
Congress acted to directly address storm water by adding Section 402(p). In response
to these changes, EPA issued a final application rule in November 1990.
This regulation defines the initial scope of the NPDES permit program for storm
water discharges. It defines 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 only from
cities with a population of 100,000 or more, and counties having large populations in
unincorporated, urbanized areas. Phase II (sometime after October 1994) may require
communities less than 100,000 to obtain apermit and develop a storm water management
program. Only three "industrial activities" owned or operated by a tribal community
withapopulation under 100,000 are coveredbythe storm water regulations-uncontrolled
landfills, airports, and power plants.
Actions Your Tribal Community Should Be Taking
Find out if the defined industrial operations owned or operated by the tribal
community (i.e. landfill, airport and power plant) need permits. The EPA contact will
be able to give assistance to determine which industrial operations need permits and
how to apply for the permits.
Develop an information and education program for community members to
increase awareness of the relation between the storm water drain system and the local
lake or stream. Storm water runoff collects in street gutters and storm drains 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.
Communities should also consider establishing local ordinances controlling the
improper disposal or discharge of pollutants to the municipal storm water drain system.
-For the following facilities, if materials are exposed to storm water: facilities
classified under SIC codes 20,21,22,23,2434,25,265,267,27,283,31 (except
311), 34 (except3441), 35,36,37 (except 373), 38,39, and4221-25 (including
food; tobacco, textile; apparel; wood kitchen cabinets; furniture; paperboard
containers and boxes; converted paper/paperboard products; printing;
drugs; leather; fabricated metal products; industrial and commercial machin-
ery and computer equipment; electronic equipment; transportation equip-
ment; measuring, analyzing and controlling instruments and photographic,
medical and optical goods, and watches and clocks; miscellaneous; and
certain warehousing and storage manufacturers).
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GENERAL INFORMATION
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REGIONAL CONTACTS-TKTRAT
- Prairie Band of Potawatomi Indians
14880 KRoad
Mayetta, Kansas 66509
913-966-2255 (Fax:913-966-2144)
- Kickapoo Tribe in Kansas
P.O.Box271
Horton, Kansas 66439
913^86-2131 (Fax:913-486-2801)
- Sac and Fox Tribe in Missouri
Route 1, Box 60
Reserve, Kansas 66434
913-742-7471 (Fax:913-742-3785)
- Iowa Tribe of Kansas and Nebraska
Route 1, Box 58-A
White Cloud, Kansas 66094
913-595-3258 (Fax:913-595-6610)
- Omaha Tribe of Nebraska
P.O.Box368
Macy, Nebraska 68039
402-837-5391 (Fax:402-837-5308)
- Winnebago Tribe of Nebraska
P.O.Box687
Winnebago, Nebraska 68071
402-878-2628 (Fax:402-878-2632)
- S antee S ioux Tribe of Nebraska
Route 2, Box 163
Niobrara, Nebraska 68760
402-857-3338 (Fax:402-857-3339)
- Sac and Fox of the Mississippi (Mesquakie)
3137 F Avenue
Tama, Iowa 52339
515-484-4678 or5358 (Fax:515-484-5424)
- Ponca Tribe of Nebraska
P.O.Box288
Niobrara, Nebraska 68760
402-857-3391 (Fax:402-857-3736)
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REGIONAL CONTACTS-EPA
General Address :
U.S. Environmental Protection Agency, Region 7
726 Minnesota Ave.
Kansas City, KS 66101
Tribal Contacts:
Regional Indian Program Coordinator - Kim Olson
Tribal Liaison - John Wilson
Tribal CircuitRider - Ira Salvini
Environmental Justice Contact:
Rupert Thomas
Pollution Prevention Contact:
Stephen Wurtz
Cross Media Contacts:
Air, RCRA, Toxics Division
Asbestos Control Program
Indoor Radon Program
913-551-7539
913-551-7298
913-551-7817
913-551-7282
913-551-7315
913-551-7499
913-551-7020
Water, Wetlands, and Pesticide Division
Office of Pesticide Program and Compliance Assurance
913-551-7473
Monitoring & Laboratory Issues
Air, RCRA, Toxics Division (Lead and PCBs)
Toxic Substances Control Section
Air Program Contacts:
Air, RCRA, Toxics Division
Air Planning and Development Section
Air Program Operating Permits
Air Programs - Air Toxics
Land Program Contacts:
Superfund Division
Air, RCRA, Toxics Division
RCRAProgram
Solid Waste Program
Underground Storage Tank Program
913-551-5000
913-551-7020
913-551-7607
913-551-7323
913-551-7323
913-551-7052
913-551-7051
913-551-7051
913-551-7051
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Water Program Contacts:
Water, Wetlands and Pesticide Division
Water &Wetland Protection Program
Drinking Water Programs
Indian Set-Aside Program
Clean Lakes Program
913-551-7042
913-551-7032
or -7416
913-551-7031
913-551-7439
or -7431
Other Clean Water Pro grams 913-551-7034
National Environmental Policy Act Pro gram
913-551-7042
or -7776
Planning Assistance Contact:
Tribes wishing to obtain technical assistance in program planning and
evaluation can call:
Policy and Program Analysis 913-551-7045
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HOTLINES AND CLEARINGHOUSES
Tribal:
-AmericanlndianEnvironmental Office (AIEO) U.S. EPA
401MSt.SW
Washington, D.C. 20460
202-260-7939 (Fax:202-260-7509)
Air and Radiation:
-AirRiskInformationSupportCenterHotline(AIRRISC) 919-541-0888
-Emission Factor Clearinghouse 919-541-5477
-Indoor Air Quality Information Clearinghouse^ AQ INFO) 800-438-4318
or 301-585-9020
-National Air Toxics Information Clearinghouse (NATICH) 919-541-0850
-National Radon Hotline 800-SOS RADON 800-767-7236
Hazardous and Solid Waste:
-Alternative Treatment Technology Information Center (ATTIC)
301-670-6294
-Emergency Planning and Community Right to Know 800-535-0202
InformationHotline or 703-412-9877
-Hazardous Waste Ombudsman Program
-National Response Center (NRC)
800-262-7937
or 202-260-9361
or 913-551-7050
or
-Resource Conservation and Recovery Act/Superfund/
Underground Storage Tank (RCRA/SF/UST) or
-Solid Waste Assistance Program (SWAP)
-Asbestos Ombudsman Clearinghouse/hotline
or
-NationalLeadlnformation Center Hotline 800-LEAD-FYI
or
800424-8802
202-267-2675
800424-9346
800-553-7672
800-677-9424
800-368-5888
703-305-5938
800-532-3394
800-526-5456
-NationalPesticidelnformationRetrieval System (NPIRS) 317-494-6614
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-National Pesticide TelecommunicationNetwork (NPTN) 800-858-7378
-Toxic Substances Control Act/Assistance Information Service (TSCA)
202-554-1404
-Pollution Prevention (PPIC)
-Radon Measurement Proficiency Program
Sandy Cohen & Assoc., Inc.
1418 1-85 Parkway
Montgomery, AL 36106
-Radon Contractor Proficiency Program
Midwest University Radon Consortium
St.Paul,MN55108
Water:
-CleanLakes Clearinghouse (CLC) 800-726-LAKE
-National Small Flows CLearinghouse
&
National Drinking Water Clearinghouse
or
or
-Nonpoint Source Information Exchange (NPS)
-Safe Drinking Water Hotline
- Storm Water Hotline
-Wastewater Treatment InformationExchange(WTIE-BBS)
-Wetland Hotline
-Environmental Equity Hotline
-EnvironmentalFinancinglnformationNetwork
-Inspector General Hotline
-Risk CommunicationHotline
or
202-260-1023
205-272-2797
612-624-8747
800-726-5253
202-833-8317
800-624-8301
304-293-4191
202-260-3665
800-426-4791
703-821-4823
800-544-1936
800-832-7828
800-962-6215
202-260-6357
202-260-0420
800-424-4000
202-260-5606
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ACRONYMS-DEFINITIONS
AARP - American Association of Retired People
AHERA - Asbestos Hazard Emergency Response Act
AIAC - American Indian Advisory Council
AIEO - AmericanlndianEnvironmental Office
AIO - Americans for Indian Opportunity
AISES - American Indian Science and Engineering Society
ANV - Alaskan Native Village
AO - Administrative Order
AQM - Air Quality Monitoring
ASHAA - Asbestos School Hazard Abatement Act
Bacteria - Microbiological contaminants found in drinking water samples are feca
coliforms and the bacterium E. coli. Their presence is evidence of sewage
contamination.
BIA - Bureau of Indian Affairs
Biosolids - Sewage sludge, a byproduct of wastewater treatment.
BODS - Measurement of oxygen required for biochemical degradation of organic
matter and oxygen used in oxidizing inorganic material in water (usually
wastewater or receiving water sample).
C&T - Certification and Training
CAA-Clean Air Act
CEPPO - Chemical Emergency Preparedness and Prevention Office
CERCLA - Comprehensive Environmental Response, Compensation andLiabilit}
Act; also known as Superfund.
CERT - Council of Energy Resource Tribes
CFR - Code of Federal Regulations
CR-CircuitRider
C W A - 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
FTS - Federal Telephone System
FY - Fiscal Year (October 1 - September 3 0)
GIS - Geographic Information System
G WP - Groundwater Protection
HMTUSA - Hazardous Materials Transportation Uniform Safety Act
HWM - Hazardous Waste Management
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IAG - Inter-agency Agreement
IGA - Inter-governmental Agreement
IHS - Indian Health Service
ELA WG - Indian Law Attorney Work Group
IOC - Inorganic Chemical
IPA - Inter-governmental Personnel Agreement
IRAA - Indoor Radon Abatement Act
ISA-Indian Set-Aside
IWG - Indian Work Group
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 ContaminantLevel
NCAI - National Congress of American Indians
NEPA-NationalEnvironmentalPolicyAct
NESHAP - National Emission Standards Hazardous Air Pollutants
NPDES-NationalPollutionDischargeEliminationSystem
. NPD WR - National Primary Drinking Water Regulation
NPL - National Priority List
NPS - Non-point Source
NTEC-NationalTribalEnvironmental Council
NTNC - Non-transient non-community
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 HealthService
PPIS - Pollution Prevention Incentives to States
PRP - Potentially Responsible Party
PWS- Public Water System
RA - Regional Administrator
RCRA - Resource Conservation and Recovery Act
RI WG - Regional Indian Work Group
RRT - Regional Response Team
SARA - Superfund Amendments and Reauthorization Act
SDWA - Safe Drinking Water Act
SEE - Senior Environmental Employee
SERC - State Emergency Response Commission, established under SARA
SIC - Standard Industrial Classification
SLR- State/Local Relations
SMCRA - Surface Mining Control and Reclamation Act
SMF - StandardizedMonitoring Framework
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SOC - Synthetic Organic Chemical (non-volatile)
SSA - Sole Source Aquifer
SWM - Solid Waste Management
T/A - Technical Assistance
TAS - Treatment-As-A-State
TCLP - Toxicity Characteristic LeachingProcedure
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
VOC - Volatile Organic Chemical
WHP - Wellhead Protection
WQM - Water Quality Management
WQS - Water Quality Standards
WWTF - Wastewater Treatment Facility
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When you begin a great work you can rt
expect to finish it all at once; therefore, do you
and your brothers press on, and let nothing
discourage you till you have entirely finished
what you have begun?
Now, Brother, as for me, I assure you I will
press on, and the contrary winds may blow
strong in my face, yet I will go forward and
never turn back, and continue to press forward
until I have finished, and I would have you do
the same...
Though you may hear birds singing on this
side and that side, you must not take notice of
that, but hear me when I speak to you, and take
it to heart, for you may always depend that what
I say shall be true.
Teedyusung
Delaware
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