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Report To Congress On
Implementing And Enforcing The
Underground Storage Tank Program
In Indian Country
" PROTECTING
INDIAN
COUNTRY
0 Underground Storage Tank
(UST) Program
Printed on recycled paper
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REPORT TO CONGRESS ON IMPLEMENTING AND ENFORCING
THE UNDERGROUND STORAGE TANK PROGRAM IN
INDIAN COUNTRY
AUGUST 2007
f t'jAj \
I ' W '' I
U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF UNDERGROUND STORAGE TANKS
WASHINGTON, DC
www.epa.gov/oust
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Report to Congress on the USTProgram in Indian Country
CONTENTS
EXECUTIVE SUMMARY 1
CHAPTERl: Background and Program Overview 3
Indian Country Program Overview 3
Legislative History 4
Recent Legislative Changes 4
UST Distribution in Indian Country 5
Outreach to Tribal Consortia 5
Program Resources 6
CHAPTER 2: Release Prevention Activities in Indian Country 7
Working to Increase Compliance 7
Inspecting USTs in Indian Country 8
Federal Inspector Credentials 9
Collaborative Prevention Activities 9
Compliance Training Activities 10
Compliance Enforcement 11
CHAPTER 3: LUST Cleanup Activities in Indian Country 13
Continuing Cleanup Progress 14
Collaborative Cleanup Activities 14
Cleanup Training Activities 16
Site Cleanup and Reuse 16
CHAPTER 4: Successes in Indian Country 17
The Navajo Nation 17
The Shoshone-Bannock Tribes 17
The Oneida Tribe, the Red Lake Band of Chippewa, and the Inter-Tribal Council of Michigan 18
The Choctaw Nation and Chickasaw Nation 19
The Eastern Band of Cherokee 19
The Gila River Indian Community 20
The Omaha Tribe of Nebraska 20
The Nez Perce Tribe 21
CHAPTER 5: Facing the Future 22
Strengthening relationships, communication, and collaboration 22
Improving Information Sharing 23
Implementing the New Provisions of the Energy Policy Act 23
Implementing UST Prevention Activities 23
Implementing LUST Cleanup Activities 23
Conclusion 24
APPENDIX A: Active and Closed Federally-Regulated USTs in Indian Country 25
APPENDIX B: List of Related Executive Orders, Statutes, Documents,
Policies, and Guidance 30
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Report to Congress on the USTProgram in Indian Country
CHARTS AND TABLES
National Map of Federally-Recognized Indian Lands and EPA Regions 1
Tribes with Active USTs in Indian Country 5
Top Ten Tribes with the Highest Number of Active USTs 5
Annual Funding Support for the UST Program in Indian Country 6
Ten Year Comparison of Indian Country and National LUST Cleanups 13
LUST Cleanup Backlog in Indian Country 14
Current LUST National Contract Work in Indian Country 15
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Report to Congress on the USTProgram in Indian Country
ACRONYM REFERENCE
DITCA - Direct Implementation Tribal Cooperative Agreement
EPA - Environmental Protection Agency
EPM - Environmental Program Management
FTE - Full-Time Equivalent
LUST- Leaking Underground Storage Tank
MOU- Memorandum of Understanding
RCRA - Resource Conservation and Recovery Act
SEE - Senior Environmental Employment
SOC - Significant Operational Compliance
STAG - State and Tribal Assistance Grants
SWDA - Solid Waste Disposal Act
UST- Underground Storage Tank
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EXECUTIVE SUMMARY
Report to Congress on the UST Program in Indian Country
The United States has a unique legal
relationship with federally-recognized
Indian tribes (tribe or tribes) based on the
Constitution, treaties, statutes, executive
orders, and court decisions. This
government-to-government relationship
includes recognition of the right of tribes as
sovereign governments to self-
determination and an acknowledgement of
the federal government's trust
responsibility to tribes.
The U.S. Environmental Protection
Agency (EPA or Agency) is committed to
strengthening its partnership with tribes
and supporting tribal governments in
protecting human health and the
environment in Indian country. In 1984,
EPA became the first federal agency to
adopt a formal Indian Policy of working
with tribes on a government-to-government
basis. EPA Administrator Stephen Johnson
reaffirmed the Agency's commitment to this
policy in 2005.
Today there are over 560 separate
federally-recognized tribal governments
throughout the United States. Of these
tribes, approximately 200 have active or
closed federally-regulated underground
storage tanks (USTs or tanks) on their lands.
There are currently about 2,600 active USTs
in Indian country and many tribes have
their own UST programs. The extent and
nature of these tribal programs vary though
depending upon such factors as the number
of tanks, funding sources, and experience
with other environmental programs.
In addition, each tribe has its own
history and culture and therefore, tribal
governments cannot be viewed or treated as
one group. The distribution of tanks in
Indian country also varies widely, with
many tribes having only a small number of
tanks. This cultural and programmatic
diversity makes the UST program in Indian
country complex to implement.
NATIONAL MAP OF FEDERALLY-RECOGNIZED INDIAN LANDS AND EPA REGIONS
10
j
i- '
*"
Source: EPA American Indian Environmental Office - http://www.epa.gov/indian/map.htm
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Report to Congress on the UST Program in Indian Country
For more than twenty years, EPA has
been directly implementing the UST
program in Indian country. This is
accomplished in part by providing technical
and financial support to tribal governments
to prevent and cleanup releases from USTs.
Working together, EPA and tribes have
made considerable progress since the
inception of the federal UST program.
About 5,500 substandard USTs in
Indian country have been
permanently closed;
59 percent of UST facilities are in
compliance with both release
prevention and detection
requirements;
Nearly 66 percent of known UST
releases have been cleaned up; and
Over 150 tribal environmental
professionals have received training in
UST maintenance, prevention, and
compliance requirements.
EPA remains committed to
implementing the UST program in Indian
country and will continue to develop and
enhance the program by:
Providing technical and financial
assistance to prevent and cleanup
releases;
Supporting tribal governments to
build and improve their UST
programs;
Enhancing relationships with tribal
partners; and
REQUEST BY CONGRESS
On August 8, 2005, President Bush
signed the Energy Policy Act of 2005.
Section 1529 of the Act, which amended
Subtitle I of the Solid Waste Disposal Act by
adding a new section 9013, directed EPA to
submit a report to Congress summarizing
the Agency's progress implementing and
enforcing the UST program on all lands
under the jurisdiction of an Indian tribe.
This report fulfills EPA's obligation to
Congress under section 9013 and provides
information on the background, prevention,
cleanup, successes, and future of the UST
program in Indian country.
Improving information sharing
between tribes and EPA.
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Report to Congress on the UST Program in Indian Country
CHAPTER 1
BACKGROUND AND PROGRAM OVERVIEW
In 1984, Congress enacted and President
Reagan signed into law Subtitle I of the
Solid Waste Disposal Act (SWDA), as
amended by the Resource Conservation and
Recovery Act (RCRA), directing EPA to
develop a comprehensive regulatory
program for USTs. This new regulatory
program required owners and operators of
USTs to prevent, detect, and cleanup
releases. In 1986, Congress further
expanded the law by creating the Leaking
Underground Storage Tank (LUST) Trust
Fund to pay for the cleanup of releases from
USTs as well as oversight and enforcement
activities by EPA and states.
After extensive input from states and
other stakeholders, EPA published the final
technical and financial responsibility
regulations for tanks in 1988 (40 CFR Part
280 and 281). These comprehensive
regulations, which continue to provide the
foundation for the program today, were
designed to achieve the following goals:
Preventing leaks by requiring owners
to close or upgrade old substandard
tanks or install new, improved, and
safer tanks that will not easily corrode
and leak.
Detecting leaks quickly by requiring
owners to put in place one of several
leak detection methods, such as
automatic tank gauging, interstitial
monitoring, and vapor or
groundwater monitoring.
Cleaning up leaks quickly and safely
by requiring tank owners to have the
financial resources to clean up a site if
a release occurs.
INDIAN COUNTRY PROGRAM OVERVIEW
While states regulate the majority of the
nation's USTs, EPA is responsible for
directly implementing UST regulations in
Indian country. Consistent with the
Agency's mission, the overarching goal of
the EPA UST program in Indian country is
to protect human health and the
environment. EPA works to ensure that
UST facilities in Indian country operate in
compliance with regulations in order to
prevent future leaks and to clean up
existing leaks.
EPA directly implements the UST
program in Indian country by providing
financial and technical assistance and by
working with tribes to build their
capabilities to develop and manage UST
programs. In addition, EPA invests Agency
staff and resources to support tribal
environmental staff in meeting UST
compliance requirements and to conduct
on-site UST inspections and oversee
cleanups in Indian country.
An antique gas pump at an UST site on the Navajo Nation
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Report to Congress on the UST Program in Indian Country
LEGISLATIVE HISTORY
In the early stages of the program, the
work in Indian country was primarily
focused on basic direct implementation
activities such as registering tanks,
compliance assistance, and overseeing or
conducting cleanups. As awareness of UST
prevention and cleanup issues improved in
the 1990s, program activities in Indian
country expanded.
In the Appropriations Act for fiscal year
1999 (Public Law 105-276), Congress
expanded EPA's authority to provide grants
to tribes to develop and implement UST
prevention and compliance programs. In
that same law, Congress authorized EPA to
provide grants for the development of
LUST cleanup programs in Indian country.
These authorities increased tribal
opportunities for involvement and
provided funding and support for
compliance assistance and the cleanup of
releases.
The Jicarilla Apache Environmental Protection Office overseeing
UST removals on the Jicarilla Apache Nation
RECENT LEGISLATIVE CHANGES
The Energy Policy Act of 2005 enhanced
the UST program in Indian country by
giving EPA new tools to encourage greater
opportunities for tribal involvement. The
Energy Policy Act directed EPA to
coordinate with tribes to develop and
implement an UST program strategy in
Indian country to supplement the
program's existing approach. In response,
EPA and 41 tribes coordinated and
collaborated over the course of ten months
and on August 7, 2006, EPA published the
Strategy for an EPA/Tribal Partnership to
Implement Section 1529 Of the Energy Policy
Act Of 2005 1 (tribal strategy).
The tribal strategy lays out five
objectives for the Agency to improve the
UST program in Indian country. In
particular, the strategy identifies steps that
EPA and tribes can take to further the
cleanup and compliance of USTs. EPA
intends to work with tribes toward
achieving the following:
Strengthening relationships,
communication, and collaboration;
Improving information sharing
between tribes and EPA;
Implementing the new provisions of
the Energy Policy Act;
Implementing UST prevention
activities through EPA and tribal
UST programs; and
Implementing LUST cleanup
activities through EPA and tribal
LUST programs.
In the upcoming years, EPA will strive
to meet or exceed established goals to
improve UST compliance and release
cleanup in Indian country along with
meeting the objectives laid out in the tribal
strategy.
' http://www.epa.gov/swerustl/fedlaws/final_ts.htm
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Report to Congress on the UST Program in Indian Country
UST DISTRIBUTION IN INDIAN COUNTRY
As of September 30, 2006, there were
approximately 2,600 active USTs and about
5,500 closed USTs in Indian country.2 Of the
approximately 200 tribes that have USTs on
their lands, about 170 have active tanks and
about two-thirds have less than ten active
tanks. The variety in the number of active
USTs in Indian country speaks to the
diverse nature of the UST program. Tribal
and EPA activities and roles vary with the
needs of each tribe. As a result, there is not
a prescriptive "one-size-fits-ali" approach to
developing and managing tribal UST
programs.
Tribes with Active USTs
in Indian Country
Top 10 Tribes with the
Highest Number of Active USTs
TVT i f TVT i f % of Tribes
Number of Number of ...
. TTCrj, with Active
Active USTs Tribes UST
100+
50-99
25-49
10-24
Less than 10
1
8
23
32
107
1%
5%
13%
18%
63%
171 Total Tribes
Source: EPA Regional data- includes tribally and non-tribally
owned tanks.
Moreover, the varied tank distribution
in Indian country poses unique and
complex challenges. Many tribes have a
small number of USTs and their programs
generally are emerging or limited. Tribes
with a large number of tanks typically have
more developed programs and established
partnerships with EPA. The following table
is a list of the top ten tribes with the highest
number of active tanks. A comprehensive
list of tank data, by tribe, can be found in
Appendix A.
Number % of
of Total
Active Active
TRIBE USTS USTS
Navajo Nation
Seneca Nation
Saginaw Chippewa Tribe
Confederated Salish &
Kootenai Tribes of Flathead
Confederated Tribes and
Bands of the Yakama Nation
Nez Perce Tribe
Northern Arapahoe Tribe of
the Wind River Reservation
Leech Lake Band
Ute Indian Tribe of the
Uintah & Ouray Reservation
Omaha Tribe of Nebraska
375
95
89
89
74
64
57
51
50
48
24%
4%
3%
3%
3%
2%
2%
2%
2%
2%
' Source: EPA UST FY 2006 End-of-Year Report
Note: "Active USTs" equals all USTs that are not
permanently dosed.
992 Active USTs in Top 10 Tribes
Source: EPA Regional data- includes tribally and non-tribally
owned tanks.
OUTREACH TO TRIBAL CONSORTIA
EPA works toward conducting outreach
activities to all tribes with USTs on their
land in order to encourage effective
program development suitable to tribal
needs and capabilities. Tribal consortia also
provide an effective way to provide support
to numerous tribes with small UST
inventories on their lands.
Since the 1990's, EPA has provided
grants to tribal consortia to develop and
conduct a comprehensive training program
for tribal environmental professionals.
Grant recipients include (1) the Inter Tribal
Council of Arizona, Inc., (2) the Inter-Tribal
Environmental Council, and (3) the Eight
Northern Indian Pueblos Council. The tribal
consortia represent approximately 90 tribes
and of these tribes about 60 have active
USTs.
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Report to Congress on the UST Program in Indian Country
The EPA grants provided to these tribal
consortia have enabled them to hold
training sessions for over 150 tribal
environmental professionals as well as for
many UST owners and operators in Indian
country. This training helps increase
knowledge of UST requirements which in
turn helps increase tank compliance and
reduce petroleum releases in Indian
country. The training also allows tribal
representatives to enhance the capabilities
of their UST programs.
EPA has historically used these
appropriated funds to support prevention
activities and to clean up releases in Indian
country. In addition, the Agency has
approximately ten EPA full-time equivalent
(FTE) employees supporting the tribal UST
program. The table below details the
average resource levels appropriated in
recent years and provides examples of the
activities conducted under each
appropriation to support the program in
Indian country.
PROGRAM RESOURCES
In the early 1990's, the Agency's budget
included about $500,000 annually for tribal
UST work. However, in recent years the
Agency has spent about $4.8 million a year
on the UST Program in Indian country.
ANNUAL FUNDING SUPPORT FOR THE UST PROGRAM IN INDIAN COUNTRY
APPROPRIATION
EXAMPLES OF ACTIVITIES CONDUCTED WITH APPROPRIATED FUNDS
EPM
$475,000* (approx)
Support for EPA compliance assistance and inspections in Indian country.
These activities are supported by funding EPA Senior Environmental
Employment (SEE) program enrollees in the EPA regional offices.
Maintain and improve information on USTs located in Indian country.
LUST
$2.5 million* (approx)
Support for cleanup and remediation of LUST-eligible sites in Indian country.
Grants for tribes to oversee cleanups in Indian country.
Grants for tribes to perform site assessments and remediation on LUST-
eligible sites.
EPA SEE Program grants for implementation of the LUST program in Indian
country (e.g., corrective action oversight).
STAG
$1.8 million* (approx)
Grants for tribes and tribal consortia to build their expertise to deal with UST
issues and capability to manage UST programs.
Training for tribal staff and owners and operators in Indian country on UST
requirements.
Direct implementation of compliance assistance activities in Indian country.
*Note: These numbers represent the recent approximate amount of annual funding the Indian country UST/LUSTprogram. The funding
levels may change in any given year based on annual appropriation levels.
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Report to Congress on the UST Program in Indian Country
CHAPTER 2
RELEASE PREVENTION ACTIVITIES IN INDIAN COUNTRY
The lack of proper tank operation and
maintenance is one of the major causes of
new releases from USTs. As a result, EPA
and tribes strive to improve operational
compliance at UST facilities in Indian
country.
Since the inception of the UST program
in 1984, nearly 5,500 old tanks in Indian
country have been permanently closed. EPA
continues to work with tribes to prevent and
detect leaks from the over 2,600 active
federally-regulated tanks in Indian country.
One of the key elements in preventing
releases is to increase a facility's operational
compliance with UST regulations.
Operational compliance means that a facility
has both the necessary equipment required
by current UST regulations and performs the
necessary operation and maintenance for the
UST facilities.
Outreach and education are critical to
improving compliance and consequently
leak prevention. EPA has produced
compliance assistance documents to help
owners and operators in Indian country and
in states understand the regulations and a
wide variety of UST topics, these include:
Musts for USTs- a comprehensive
summary of the federal requirements.
Operating and Maintaining UST
Systems: Practical Help and
Checklists- a manual to help owners
and operators understand how to
properly operate and maintain USTs.
Straight Talk on Tanks: Leak Detection
Methods for Petroleum USTs and
Piping- a booklet that summarizes leak
detection methods and regulatory
requirements.
A tribal technician testing an UST* on the
Standing Rock Sioux Reservation
WORKING TO INCREASE COMPLIANCE
The UST program in Indian country
strives to meet the national annual goal for
the rate of UST facilities in significant
operational compliance (SOC) with both
release prevention and detection
requirements. In FY 2006, the national goal
was for 66 percent of UST facilities to meet
the SOC requirements. These requirements
include having and operating equipment
that prevents petroleum releases, such as
equipment that prevents gasoline from
spilling when tanks are being filled, and
having and operating equipment that detects
a release if it occurs.
In FY 2004 the percentage of UST
facilities in Indian country that met both
release detection and prevention SOC
requirements was 48 percent, in FY 2005 the
* Note: In accordance with regulations, this tank is considered an UST
I because more than 10% of its combined volume is underground.
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Report to Congress on the UST Program in Indian Country
rate was 37 percent, and in FY 2006 the rate
was 59 percent. As of September 2006, the
overall SOC rate in Indian country still lags
behind the national goal of 66 percent and
the national average SOC rate of 62 percent.
EPA and tribes are making several efforts
to improve the compliance of UST facilities
in Indian country. One effort is the increase
in the frequency of UST facility inspections
by EPA's regional offices. As facilities are
inspected more often, owners and operators
are better able to understand what is
required to attain and maintain compliance.
Another effort is the partnership EPA and
the tribes have created to provide for
additional training on UST requirements.
This compliance training helps improve the
knowledge of tribal environmental
professionals, owners, and operators which
in turn may have a positive effect on
compliance rates.
To strive to close the gap and improve UST
operational compliance in Indian country,
EPA and the tribes have identified ways to
enhance current prevention activities. These
enhancements are laid out in the 2006 tribal
strategy and include the following activities:
Working with tribes to conduct
inspections at UST facilities in Indian
country, including inspections
conducted by EPA-authorized tribal
inspectors.
Developing additional collaborative
assistance agreements with tribes,
where appropriate, to help manage the
UST program in Indian country.
Providing further training to help
tribes build their UST expertise.
INSPECTING USTs IN INDIAN COUNTRY
One way to improve operational
compliance and reduce releases is to increase
the frequency of UST inspections. With more
frequent inspections of UST facilities, owners
and operators are better able to understand
what is required to attain and maintain long-
term compliance.
About five years ago, EPA was
inspecting USTs in Indian country
approximately once every four to five years.
Today, the program inspects tanks in Indian
country once every three years which is
consistent with the Energy Policy Act. EPA
conducts approximately 300 inspections on
average each year in Indian country and is
currently on track to meet the first three-year
inspection deadline in August 2010 as set in
the Energy Policy Act.
In addition, the Energy Policy Act also
required that all UST facilities that have not
been inspected since 1998 must be inspected
by August 8, 2007. EPA has worked
diligently with tribal partners to inspect
these previously uninspected facilities and
meet this deadline.
Tribal and EPA staff inspecting an UST facility located
on the Red Lake Band of Chippewa Reservation
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Report to Congress on the UST Program in Indian Country
EPA also promotes creative methods and
efficient applications of resources in order to
meet the three-year inspection requirement.
For example, one EPA regional office has
entered into an interagency agreement with
the Indian Health Service to provide an
additional inspector to supplement EPA's
existing inspection staff in the field. Some
EPA regional offices are also awarding
grants through the Senior Environmental
Employment (SEE) program in order to
provide additional staff support for
compliance assistance and inspection efforts.
These SEE program enrollees provide
valuable technical expertise and support for
the UST program in Indian country.
FEDERAL INSPECTOR CREDENTIALS
Section 6927(a) of RCRA enables EPA to
authorize tribal government representatives
to conduct inspections on behalf of the
Agency. EPA's designation of tribal
inspectors as authorized representatives of
the Agency for UST inspection purposes can
increase the geographic coverage and
frequency of inspections in Indian country.
This in turn helps ensure that inspections are
conducted every three years while
simultaneously increasing the capabilities of
tribal inspectors to conduct inspections
under tribal law.
After determining where and when such
authorizations are appropriate, EPA can
work with tribes to ensure that the tribal
inspector is properly trained and enter into a
written agreement addressing the scope and
use of the federal inspector credential.
Although EPA's issuance of these federal
credentials allows a tribal government
employee to conduct inspections on EPA's
behalf, only EPA can make formal
determinations of violations and bring
federal enforcement actions.
EPA has developed guidelines3 and
procedures for authorizing tribal inspectors
and issuing inspector credentials to tribal
members. The Agency is now determining
where such agreements are appropriate and
working with tribes to identify reciprocal
interest.
In April 2007, EPA and the Shoshone-
Bannock Tribes entered into a written
agreement that authorized a tribal inspector
to conduct UST inspections on behalf of
EPA; the first time EPA authorized a tribal
inspector for the UST program. The
responsibilities of the Shoshone-Bannock
inspector include annual visits to each UST
facility within the reservation to check for
proper operation and maintenance and to
confirm adequate financial assurance.
The tribal inspector provides inspection
reports to EPA and EPA then confirms
whether any violations occurred, determines
the appropriate enforcement response, and
then takes enforcement action, as
appropriate.
The issuance of this first federal UST
credential built upon a successful
partnership between EPA and the Shoshone-
Bannock Tribes and is a key step in
furthering the protection of human health
and the environment on the tribe's lands.
COLLABORATIVE
PREVENTION ACTIVITIES
Direct Implementation Tribal
Cooperative Agreements (DITCAs) are
another avenue for EPA and tribes to
collaboratively further UST prevention
activities in Indian country. Initially
authorized in the fiscal year 2004
Appropriations Act (Public Law 107-73,115
http://www.epa.gov/compliance/resources/policies/
monitoring/inspection/statetribalcredentials.pdf
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Report to Congress on the UST Program in Indian Country
Stat. 686), DITCAs enable EPA to award
cooperative agreements to federally-
recognized Indian tribes and eligible tribal
consortia to assist EPA in implementing
federal environmental programs in the
absence of an approved tribal program.
DITCAs provide tribes with the
flexibility and opportunity to hire and train
environmental staff to effectively manage
programs and to address specific tribal
needs and priorities within EPA's authority
for direct implementation. DITCA work
plans, negotiated by EPA and the tribe,
determine the scope and pace of tribal
involvement and specify the activities to be
carried out by a tribe or intertribal
consortium to ensure consistency with
environmental regulations.
Over the past three years, EPA has
entered into six DITCAs with tribes to
promote compliance and to help increase
tribal abilities to manage UST programs.
Several success stories regarding some of
these DITCAs can be found in Chapter 4.
Navajo Nation Environmental Protection Agency (NNEPA)
conducting an inspection on the Navajo Nation
Another collaborative avenue for
furthering prevention activities in Indian
country is to develop Memorandums of
Understanding (MOUs) between tribes and
EPA. MOUs establish a framework of
intergovernmental cooperation and
coordination between a tribe and EPA. For
example, in 1998, EPA entered into an MOU
with the Seneca Nation to develop and
implement an UST program. The MOU
recognizes the Seneca Nation as the lead for
conducting UST compliance activities on
their tribal land and lays out the protocol for
seeking EPA enforcement assistance, if
needed. While the agreement does not
change existing authorities, it promotes a
spirit of cooperation between the tribe and
EPA.
COMPLIANCE TRAINING ACTIVITIES
Another factor in improving operational
compliance is training on UST requirements.
Training helps tribal inspectors, UST owners
and operators, and tribal environmental
professionals to better understand UST
requirements and keep up to date on the
latest compliance measures required by the
program.
Since program inception, EPA has
trained numerous tribal environmental
professionals, tank owners, and operators in
UST regulations and compliance. Tribal
environmental professionals accompany
EPA regional inspectors to gain on-site
education, participate in inspector trainings
hosted by EPA, and attend other pertinent
training and national conferences. These
tribal professionals are trained to provide
compliance assistance to Indian country UST
owners and operators between EPA
inspections. This effort helps UST owners in
Indian country better understand facility
requirements and tribal inspectors are able to
provide immediate, hands-on compliance
assistance. EPA also works with tribal
environmental departments to educate and
provide compliance assistance to UST facility
owners and operators.
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Report to Congress on the UST Program in Indian Country
An UST-LUST Virtual Classroom is also
available for tribal tank inspectors and
environmental professionals, as well as
others interested in learning about USTs.
Launched by EPA in 2005, the virtual
classroom provides free Internet-accessible
introductory level courses and currently
consists of two modules: an Introduction to
the UST Program and Basic UST Inspector
Training. The virtual classroom can be
accessed 24 hours a day on EPA's National
Enforcement Training Institute website and
on the New England Interstate Water
Pollution Control Commission website.4
Training is also provided to tribal
environmental professionals, UST owners
and operators by tribal consortia through
EPA grants. The Inter-Tribal Environmental
Council (ITEC) has one of the longest
running working relationships with EPA on
UST issues and offered the first UST
owner/operator training through an EPA
grant in 2000. To date, over 260 individuals
have participated in the training and ITEC
continues to provide about six Indian
country owner/operator trainings a year.
ITCA training with the Three Affiliated Tribes (North Dakota)
See http://www.epa.gov/OUST/virtual.htm, or
http://www.neiwpcc.org/oustl .swf
In addition, since October 2001, EPA has
been working with the Inter Tribal Council
of Arizona (ITCA) to provide additional
training to improve the UST program in
Indian country. ITCA provides compliance
training to tribal environmental
professionals on UST regulations, UST
installations, and UST inspection protocols.
ITCA conducts approximately 20 tribal
training sessions every year throughout the
U.S. Over 150 tribal environmental
professionals have been trained by ITCA to
conduct UST inspections and numerous
owners and operators have also received
basic UST operation and maintenance
training.
COMPLIANCE ENFORCEMENT
As the implementing authority, EPA
enforces the UST program requirements in
Indian country. The most prevalent
violations that take place include failure to
provide adequate leak detection, failure to
provide adequate corrosion protection,
failure to provide adequate financial
assurance, and failure to perform annual line
tightness tests.5 Enforcement actions, such as
field citations, were taken at approximately
35 sites in Indian country in FY 2006.6
EPA is committed to working with tribes
to ensure that USTs in Indian country are in
compliance and providing technical support
and assistance to enable compliance. The
1984 "EPA Policy for the Administration of
Environmental Programs on Indian
Reservations", indicates that EPA should
consider taking a civil enforcement action
when it determines that (1) a significant
threat to human health or the environment
exists, (2) such action would reasonably be
expected to achieve results in a timely
' Source: EPA Regional inspection data
' Source: EPA Regional End-of-Year FY 2006 data
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manner, or (3) the Federal Government
cannot utilize other alternatives to correct the
problem in a timely fashion.
EPA's 2001 "Guidance on Enforcement
Principles Outlined in the 1984 Indian
Policy" (Enforcement Guidance) defines
these determinations and outlines an
approach to addressing instances of civil
noncompliance by UST facilities owned or
operated by tribes, in which a tribal
government has a substantial interest, or
over which a tribal government has control
("tribal UST facilities").
As indicated in the Enforcement
Guidance, in those cases where a tribal UST
facility is not in compliance with federal
regulations, EPA seeks to work
cooperatively with the tribe to develop
means to achieve compliance. As part of this
process, EPA, in consultation with the tribe,
generally develops a written compliance
plan. The plan communicates to the facility
and the tribal government the identified
noncompliance at the facility and the steps
necessary to return the facility to compliance.
In addition, the compliance plan
describes the nature of the assistance to be
provided by EPA, the timelines for
providing assistance and achieving
compliance, and EPA's expectations for
improvements in compliance at the facility.
The plan also describes any expected
enforcement response by EPA if the facility's
compliance status does not improve
according to EPA's stated expectations.
Throughout the implementation of the plan,
EPA communicates with the affected tribal
government regarding the compliance
developments at the facility.
Report to Congress on the UST Program in Indian Country
In cases of noncompliance by facilities
located within Indian country but not owned
or managed by a tribal government, EPA
generally responds in the same manner as it
would toward such facilities outside of
Indian country. EPA notifies the affected
tribal government of any anticipated Agency
action and consults with the tribe on a
government-to-government basis to the
greatest extent practicable and to the extent
permitted by law.
EPA addresses criminal noncompliance
with federal environmental laws in Indian
country in the same manner and fashion as it
does throughout the United States.
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Report to Congress on the UST Program in Indian Country
CHAPTERS
LUST CLEANUP ACTIVITIES IN INDIAN COUNTRY
The objective of the LUST program in
Indian country is to protect human health
and the environment from the risks of
leaking petroleum tanks by efficiently and
effectively responding to releases and
ensuring that they get cleaned up. Owners
and operators are responsible for the cost of
cleanup of their leaking tanks.
Since the mid-1990's, EPA has also used
part of its LUST Trust Fund appropriation
to clean up leaking UST sites in Indian
country. LUST Trust funds can pay for
cleanup at sites where the owner or
operator is unknown, unwilling, or unable
to respond, or where prompt action is
needed. EPA also provides LUST Trust
funds to tribes for cleanup oversight and to
help build LUST program capabilities.
As of September 2006, there have been
approximately 1,100 confirmed releases in
Indian country. Of those confirmed
releases, cleanups have been initiated at
approximately 1,010 sites and completed at
about 730 sites.
Over the past ten years, tribes and EPA
have made progress in cleaning up LUST
releases in Indian country. In 1996,
cleanups had been completed at only 28
percent of known release sites, at the end of
2006 cleanups had been completed at 66
percent of sites. Although the program in
Indian country currently falls behind the
national percentage of cleanups completed
(76 percent), EPA and the tribes decreased
the gap by 10 percent since 1996.
Ten Year Comparison of Indian Country and National LUST Cleanups
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
Indian Country
National
Source: EPA USTEnd-of-Year Reports, FY1996 -2006
Note: This chart refers to the percentage of cleanups completed relative to the cumulative number of releases.
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Report to Congress on the UST Program in Indian Country
CONTINUING CLEANUP PROGRESS
EPA has an annual goal of completing
30 cleanups a year in Indian country. From
FY 2001 - 2004, an average of 31 cleanups
was completed each year in Indian country.
In recent years, EPA has exceeded the
annual cleanup goal with 52 cleanups
completed in FY 2005 and 43 cleanups
completed in FY 2006. This success is partly
due to focused efforts to complete the
remaining cleanup necessary at older sites
in order to close them out, and also due to
the increased use of the national Indian
country cleanup contract which utilizes
LUST Trust Funds to clean up releases on
tribal land.
While the annual cleanup goal has been
exceeded in recent years, at the end of FY
2006 there were still 378 confirmed releases
in Indian country where cleanups have not
yet been completed. However, tribes and
EPA continue to make progress in reducing
this backlog and the number of cleanups
remaining to be completed has actually
declined by 20 percent over the past five
years, from 470 sites in 2002, to 378 sites in
2006.
LUST Cleanup Backlog in Indian Country
500
400
300
200
100
0
2002 2003 2004 2005 2006
Source: EPA USTEnd-of-Year Reports, FY 2003-2006
To continue making progress in
cleaning up LUST releases in Indian
country, EPA included several cleanup
activities in the 2006 tribal strategy. The
actions in the strategy were developed and
decided upon through close coordination
with tribes, and based on EPA and tribal
experience in how best to accelerate the
pace of cleanups, and continue to ensure
high quality cleanup actions. In the
upcoming years, EPA will continue to focus
on using existing effective approaches, such
as closing out older sites, and using the
highly effective national Indian country
cleanup contract, and in addition EPA will
strive to achieve the following objectives
laid out in the tribal strategy:
Implementing corrective action plans
that clarify the cleanup process;
Working with interested tribes to
develop and administer tribal codes
and cleanup standards;
Reviewing the corrective action
process and streamline, if appropriate;
Promoting more DITCAs for cleanup;
and
Increasing information sharing with
tribes.
COLLABORATIVE CLEANUP ACTIVITIES
EPA and tribes actively work together to
identify, assess, and clean up UST releases.
Since 2001, EPA has maintained a national
LUST cleanup contract to clean up tank
releases in Indian country. The contract is
supported by the LUST Trust Fund and
provides for a contracting firm to conduct
the following cleanup activities:
Site assessment and characterization;
Remediation and oversight support; and
Technical assistance, materials, and
equipment support
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Report to Congress on the UST Program in Indian Country
LUST Site Assessment on the Hopi Indian Reservation
conducted through the national LUST cleanup contract
The cleanup contract is used at LUST
Trust Fund-eligible sites, in other words,
those sites where the responsible parties are
unknown, unable, or unwilling to pay or
where a situation that required prompt
action existed. EPA works with tribes to
use the contractor support to assess and
cleanup LUST-eligible sites more promptly.
The national cleanup contract has
currently supported LUST work at 48 sites
on 15 Indian reservations. This work
includes evaluation of LUST-eligible sites,
site assessment/site characterization, and
remediation work. In FY 2007, EPA intends
to award a new national cleanup contract to
replace the initial expiring contract.
Prior to the establishment of the
national LUST cleanup contract in 2001,
EPA took an affirmative step to clean up
Some priority tribal sites through a regional
specific contract. In 2000, EPA's Region 8
office awarded two cleanup contracts to
tribally-owned firms to address
approximately 12 suspected LUST sites that
needed remedial activities conducted. Since
the award of the contracts, there have been
site assessments, soil excavations, vapor
intrusion assessments, and remediation
activities conducted and six cleanups
completed in the region. Several additional
sites have been discovered since 2000 and
EPA plans to continue the use of this
region-specific contract in order to enhance
the pace of cleanups in the region.
To enhance the cleanup progress in
Indian country, EPA has also recently
begun to provide LUST Trust funds directly
to tribes to conduct cleanups. Providing this
type of funding directly to tribes furthers
their capability to develop and manage a
LUST cleanup program.
CURRENT LUST NATIONAL CONTRACT WORK IN INDIAN COUNTRY
Coeur ct'Alene Indian Reserv
Nez Perce
Indian Reservation
Shoshone-
Bannock
Tribes
Navajo Nation
Hopi Indian
Reservation
Colorado River
Indian Tribes
Gila River Indian
Community
Tohono O'Odham
Nation San Carlos Apache
Reservation
Legend
M° I EP* H««4en*
HB Indian Land*
Sit» wh«n Bristol In* conducted warit
Pueblo of Laguna
Source: Map provided by Bristol Environmental Remediation Services, LLC, under contract with EPA/OUST, ContractNo. 68-W-01-057
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Report to Congress on the UST Program in Indian Country
In 2007, EPA awarded the first LUST
grant of this kind to the Navajo Nation to
conduct LUST site assessment activities. In
April 2007, the Navajo signed a contract
with a local tribally-owned company to
perform site assessment activities at two
sites and conduct initial investigations for at
least five sites.
CLEANUP TRAINING ACTIVITIES
Another factor in improving the
progress of cleanups in Indian country is
training on LUST cleanup procedures.
LUST training helps tribal environmental
professionals better understand LUST
sampling and corrective action reporting
procedures. EPA occasionally provides
LUST sampling training to tribal
environmental staff and technicians during
visits to LUST sites.
EPA staff conducting LUST sampling with the UST/LUST
Coordinator for the Oglala Sioux Tribe (Pine Ridge, SD)
EPA has also been working with the
Inter Tribal Council of Arizona (ITCA) to
provide LUST-related training to tribes. The
training is designed to provide tribal staff
with the technical knowledge of
contamination issues as well as the skills to
conduct oversight of cleanup activities at
UST facilities in Indian country. ITCA
currently offers three LUST related
trainings: LUST Site Assessment, LUST
Geology and Hydrology, and LUST
Remediation. Since 2006, ITCA has
provided these LUST-related training
courses to approximately 45 tribal
environmental professionals.
SITE CLEANUP AND REUSE
EPA encourages and supports tribes to
look for ways to reuse properties
contaminated by leaking USTs. To assist in
this effort, EPA created the pilot USTfield
Initiative in 2000. USTfields are abandoned
or underused properties where
revitalization is complicated by real or
perceived environmental contamination
from USTs. Three tribes received USTfield
pilot grants: the Crow Tribe, the Gila River
Indian Community, and the Metlakatla
Indian Community. The successes achieved
through one of these pilots are highlighted
in Chapter 4.
The USTfields pilots were available for
only one fiscal year, however, with the 2002
passage of the Small Business Liability
Relief and Brownfields Revitalization Act,
relatively low risk priority petroleum sites
became eligible for Brownfields funding.
Subsequently, funding for certain
assessment and cleanup projects may be
available through the Brownfields program.
EPA's Brownfields program provides
cleanup grants to address sites
contaminated by relatively low risk
petroleum and hazardous substances,
pollutants, or contaminants (including
hazardous substances co-mingled with
petroleum). The Brownfields grants allow
recipients to inventory, characterize, assess,
and conduct planning and community
involvement related to Brownfields sites.
EPA continues to encourage tribes to
compete for these Brownfields cleanup
grants at eligible petroleum Brownfield
sites.
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Report to Congress on the UST Program in Indian Country
CHAPTER 4
SUCCESSES IN INDIAN COUNTRY
Since the inception of the UST program
in Indian country there have been
numerous successes and advancements
made by tribes and tribal consortia through
partnerships with EPA. This section
describes several of those successes.
UST PROGRAM DEVELOPMENT ON THE
NAVAJO NATION
The Navajo Nation extends into the
states of Arizona, Utah, and New Mexico
and is home to about 210,000 people. The
Navajo Nation Environmental Protection
Agency (NNEPA), established in 1972, has
jurisdiction over more than 17.6 million
acres with about 375 active USTs.
The Underground and Leaking
Underground Storage Tank Program Office
(USTPO) of the NNEPA provides
regulatory control for the 375 active USTs.
In 1998, the Navajo Nation's council passed
a resolution adopting an Underground
Storage Tank Act which has been
instrumental in providing the framework
for NNEPA's ability to manage its tank
universe.
Over the past four years, the NNEPA
has developed its UST program by
conducting project management, technical
oversight, site assessments, performing
corrective action, and undertaking
corrective measures evaluations. As a result
of the adoption of their UST Act and the
funding provided by EPA and the Navajo
Nation, the program has removed over 125
tanks at approximately 50 facilities. In
addition, the NNEPA USTPO staff has
increased compliance at operating facilities
through UST inspections and on-site
operator workshops. The NNEPA USTPO
has also established draft petroleum
cleanup standards which are used to
evaluate the effectiveness of UST cleanup
projects.
Window Rock, AZ- The seat of government of the Navajo Nation
IMPROVING THE UST PROGRAM OF THE
SHOSHONE-BANNOCK TRIBES
For decades, the Shoshone-Bannock
Tribes have recognized the potential for
improving protection efforts of
groundwater on the Fort Hall Reservation.
In 2003, even though the relationship
between EPA and the Shoshone-Bannock
Tribes had many obstacles to overcome,
they began building a relationship based
upon technical coordination and
communication. As trust and
understanding grew, EPA and the Tribes
began to consider a future partnership.
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Report to Congress on the UST Program in Indian Country
In 2004, the Shoshone-Bannock Tribes
entered into a formal DITCA with EPA with
the goal of developing and implementing
an UST program on the Fort Hall
Reservation. A tribal employee completed
classroom training, certification, and EPA's
on-the-job training program to become the
first EPA-authorized inspector for the UST
program in the nation. The Tribes also
began developing their own regulations for
USTs, compiling an inventory of abandoned
tanks, and conducting outreach sessions
and workshops for farmers and residents of
the Fort Hall Reservation.
As a direct result of working in
partnership, 10 abandoned USTs have been
removed and several UST facilities have
been closed. Additionally, farmers
throughout the Fort Hall Reservation are
more aware of UST prevention actions they
can take to prevent polluting groundwater
and soil.
DITCAs allow EPA and the tribes to
enhance tribal program capacity and foster
information sharing, in order to reach the
long-term goal of improving compliance
rates and reducing releases.
Since the DITCAs were established, the
grantees and EPA have adopted a rigorous
schedule to meet the goals of the project. In
2006, all of the tribes completed classroom
training and certification, on-the-job
training, and joint compliance assistance.
Currently, the project is focused on
compliance assistance activities that are
fostering significant UST data sharing and
environmental presence throughout the 13
tribes in Michigan, the seven tribes in
Minnesota, and the Oneida Tribe. The
DITCA project periods are in effect through
October 2008. Some key factors that are
contributing to the success of the DITCAs
include:
The Shoshone-Bannock Tribes have
played a significant role in developing
national policy improvements for the tribal
UST program and have become a resource
not only for EPA, but also for other tribes
who have contacted them for advice and
assistance.
UST COMPLIANCE ASSISTANCE FOR THE
ONEIDA TRIBE, THE RED LAKE BAND OF
CHIPPEWA, AND THE INTER-TRIBAL
COUNCIL OF MICHIGAN
On October 2005, the Oneida Tribe of
Indians of Wisconsin, the Red Lake Band of
Chippewa, and the Inter-Tribal Council of
Michigan (ITCM) entered into Direct
Implementation Tribal Cooperative
Agreements (DITCAs) with EPA in an effort
to provide UST compliance assistance. The
Full support and commitment of the
participating tribes and tribal
consortia;
Individual compliance assistance
training;
Well developed work plans with
ample coordination and follow-up;
and
Open dialogue through monthly
conference calls.
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Report to Congress on the UST Program in Indian Country
SUCCESSFUL UST PROGRAM BUILDING
IN THE CHOCTAW NATION AND
CHICKASAW NATION
In 2004, the Choctaw Nation of
Oklahoma, the Chickasaw Nation of
Oklahoma, and EPA entered into a three
year capacity building assistance
agreement. The Chickasaw Nation has
seven large tribally-owned and operated
UST facilities (travel plazas) along the 1-35
corridor from the Texas/Oklahoma border
to Oklahoma City. The Choctaw Nation has
13 travel plazas with a total of 43 USTs.
One of the goals was to develop a
capacity building project for each tribe and
all of their operating travel plazas. Another
goal was to train a full time tribal
environmental staffer in UST operation,
maintenance, and compliance. The Choctaw
Nation, the Chickasaw Nation, and EPA
have successfully met the project goals.
A tribal UST Monitor on the Choctaw Nation
Tribal staff have been comprehensively
trained and given the title of "UST
Monitor", and all of the facilities underwent
a baseline compliance assistance inspection
by an EPA inspector. In addition, assistance
was provided to the tribes to take the
necessary actions to bring the facilities into
full compliance. Moreover, the Choctaw
and Chickasaw have quickly advanced their
level of expertise to comply with federal
regulations at all of their travel plazas.
CLEANUP COLLABORATION AMONG THE
CHEROKEE, EPA, AND NORTH CAROLINA
In 2000, the Eastern Band of Cherokee
Indians, EPA, and the State of North
Carolina, signed a Memorandum of
Agreement (MOA) to define the UST
program responsibilities for each party. The
MOA addresses EPA regulatory
enforcement, eligibility requirements for
participation in the North Carolina State
Trust Fund, corrective action, and general
information sharing. The MOA also allows
cleanup coverage for fee-paying facilities on
the Reservation, under the State UST Trust
Fund, commensurate with facilities off the
Reservation. In addition, through EPA
funding, a tribal representative has been
hired to serve as a liaison between the three
parties and the owners/operators of UST
facilities on the Reservation, to maintain an
UST inventory, and to provide UST
compliance assistance.
The benefit of the MOA became evident
in September 2006 with the successful
response to a release at a service station
located on tribal lands that impacted the
Tribes' primary drinking water supply.
EPA's Region 4 Emergency Response
Center and the Cherokee's Environmental
Planning Office coordinated the initial
response, abatement, and site investigation
activities. Since the responsible party met
the required deductible, the activities were
covered under the State's UST Trust Fund.
The Agreement guided each party's actions
and contributed to the successful and
efficient response to a UST release that
threatened human health and the
environment on the Reservation.
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Report to Congress on the UST Program in Indian Country
GILA RIVER INDIAN COMMUNITY
USTFIELD SUCCESS
The Gila River Indian Community is
located south of the Phoenix, Arizona
metropolitan area. In 1998, following the
removal of an UST at a site known as St.
John's Mission, the Community discovered
petroleum contamination in the soil and
groundwater. Using EPA USTfield and
Brownfields grants, the Community worked
closely with EPA to remediate the site.
With EPA's assistance, the Community
assessed the extent of soil and groundwater
contamination beneath the former UST and
prepared a Remedial Action Plan to address
the contamination. In addition, the
Community constructed a vapor barrier to
prevent the migration of hydrocarbon
vapors and installed a remediation system.
In 2003, with EPA USTfields and
Brownfields grants and technical assistance,
the Community constructed the Gila River
Resource Center at the St. John's Mission
Brownfields site for the purpose of
educating the Community about diabetes
prevention and care. In addition, the
cleanup work conducted at the site has
allowed the Community to continue using a
Boys and Girls Club located on the site and
has laid the groundwork for potential
future development of other areas on the
site.
The Gila River Community project
illustrates how close communication
between EPA and tribes, along with
collaborative programs such as USTfields
and Brownfields, can lead to successful
remediation and reuse of contaminated
properties.
Gila River USTfield- Before
Gila River USTfield- After (Resource Center)
THE CLEANUP SUCCESSES OF THE
OMAHA TRIBE OF NEBRASKA
In 2000, the small municipality of
Walthill on the Omaha Reservation had
three separate businesses with leaking
tanks. The site posed a risk to a nearby
creek and groundwater sources. In
response, the Omaha Tribe of Nebraska, the
Nebraska Department of Environmental
Quality (NDEQ), and the EPA entered into
an agreement regarding the assessment and
cleanup of the facilities.
To date, assessments have been
completed at all three facilities and two of
the facilities will undergo additional
corrective action. These experiences have
provided the foundation for an Indian
country UST cleanup process in the EPA
regional office that will facilitate the
assessment and remediation of all Indian
country leaks in that region.
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The agreement between EPA, the
Omaha Tribe of Nebraska, and NDEQ was
the result of their willingness to set aside
jurisdictional issues; adjust resources,
schedules and priorities; ensure
communication, participation, and
information sharing; and speak with one
voice through a single point of contact.
A SUCCESSFUL DITCA WITH THE
NEZ PERCE TRIBE
The Nez Perce Tribe, located in Idaho,
makes protecting and restoring water one of
its highest objectives. The Tribe values the
emphasis of the UST program on
groundwater protection as nearly 100% of
the drinking water on the Reservation
comes from groundwater wells. In addition,
the Tribe is historically a fishing culture
with the majority of their diet provided by
the threatened and endangered
anadromous steelhead and salmon, which
spawn on the Nez Perce Reservation. The
spawning beds for these fish are often
connected to groundwater sources. The
Tribe therefore values high quality
groundwater and protects and restores it
through UST pollution prevention and
cleanup activities.
In September 2002, the Nez Perce Tribe
entered into a Direct Implementation Tribal
Cooperative Agreement (DITCA) with EPA
to conduct UST compliance assistance on
the reservation. With 20 active UST
facilities, the Nez Perce Tribe has the second
highest number of facilities of any tribe in
the Pacific Northwest region. The role of the
DITCA is to enhance tribal program
capacity to improve compliance rates and
reduce releases from USTs on the Nez Perce
Reservation.
Report to Congress on the UST Program in Indian Country
Nez Perce environmental professional
staffers have completed classroom training
and certification, as well as EPA's on-the-job
training program. They have conducted
outreach sessions and provided onsite
compliance assistance to UST owners and
operators. Since the establishment of the
DITCA, compliance rates have dramatically
improved. In 2003, only 11 percent of
operating facilities passed EPA's inspection,
while in 2006, 60 percent of such facilities
passed EPA's inspection.
In addition, the Nez Perce Tribe has
developed a Brownfields program and been
instrumental in redeveloping contaminated
LUST sites. The synergy between the UST
and Brownfield programs has allowed the
Tribe to broadly address multiple
environmental programs on the
Reservation. The Nez Perce tribal staff has
invested their own time and skills to permit
and manage land farm sites and establish
petroleum land farming operations where
contaminated soil is remediated and
prepared for reuse. The Nez Perce Tribe has
also participated in developing
improvements in national policies to
improve the rate of cleanups in Indian
country and provides assistance and advice
to other tribes who have similar UST issues.
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CHAPTERS
FACING THE FUTURE
Report to Congress on the UST Program in Indian Country
For the past 20 years, EPA and tribes
have been working together to prevent and
detect releases from USTs, and to cleanup
those that occur. Through these
partnerships, compliance and cleanup rates
have been improved and numerous tribal
environmental professionals, owners and
operators in Indian country have been
trained in proper operation and
maintenance of USTs.
While much has been achieved and
progress has been significant, there are still
challenges remaining and work to be
accomplished. The compliance rates for
UST facilities in Indian country are below
those for the rest of the country. In addition,
there are 378 releases in Indian country
where the cleanups have not yet been
completed and the cleanup completion rate
is below the national rate.
As a result, EPA will continue working
with tribes to prevent and detect new leaks,
as well as increase the pace of cleanups for
new and existing leaks. In addition, EPA
intends to work with the numerous tribes
with a small number of tanks as well as
improve the programmatic capabilities of
the several tribes with a large number of
tanks.
The Energy Policy Act of 2005 gave EPA
and tribes new tools to improve the UST
program in Indian country. With the
development of the tribal strategy, EPA and
tribes identified objectives to further the
cleanup and compliance of USTs in Indian
country. In upcoming years, the Agency
plans to work with tribes to implement the
objectives laid out in the strategy. Following
is an outline of the tribal strategy objectives
as well as some current EPA activities.
An UST is removed during a site assessment on the
Tohono O'Odham Nation
STRENGTHENING RELATIONSHIPS,
COMMUNICATION, AND COLLABORATION
EPA is working with tribes to expand
their role at the annual national UST
conference. In recent years, a tribal speaker
participates in the opening plenary session
and several sessions are led and facilitated
by tribal environmental professionals.
These tribal sessions are designed to
disseminate and discuss important
information to tribes regarding
developments in the UST program and to
strengthen relationships between the tribes
and EPA. The Agency is currently working
with tribes to expand these sessions at
future conferences.
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Report to Congress on the UST Program in Indian Country
In addition, EPA is also working to
establish an annual meeting with tribes to
provide a forum to discuss key issues,
propose solutions, and share ideas. The
annual meeting will increase awareness of
tribal needs, priorities, and resources and
foster the relationship between EPA and
tribes.
IMPROVING INFORMATION SHARING
In July 2007, EPA launched a tribal UST
Web area7 located on the EPA website. The
tribal UST Web area includes important
information regarding training, funding,
and regulations. It also provides a directory
of other online sources that offer additional
information relating to UST compliance and
cleanup, an UST-LUST Virtual Classroom,
and a directory on funding resources for
tribal UST programs.
IMPLEMENTING THE NEW UST PROVISIONS
OF THE ENERGY POLICY ACT
EPA has developed guidelines for states
to address the provisions of the Energy
Policy Act, such as secondary containment,
financial responsibility, operator training,
and delivery prohibition. Tribes may also
use these guidelines to obtain assistance on
developing similar features for tribal UST
programs in Indian country.
In accordance with the Energy Policy
Act, EPA is also actively working with
tribes to ensure that all tanks in Indian
country meet the three year inspection
requirement.
Installation of new USTs - The Seminole Nation (Oklahoma)
IMPLEMENTING UST PREVENTION
ACTIVITIES
The first federal UST inspector
credential was issued in 2007 to a tribal
inspector and EPA is currently discussing
where it is appropriate to authorize
additional inspectors employed by other
tribes or tribal consortia.
In addition, tribes and EPA and are
currently working together to identify
further training needs for tribal
environmental staff, owners, and operators
in Indian country.
IMPLEMENTING LUST CLEANUP ACTIVITIES
EPA continues to work with tribes to
clean up sites and reduce the backlog in
Indian country. To assist in reaching this
goal, EPA is in the initial stages of
conducting an analysis of the remaining
LUST sites in Indian country. This backlog
analysis project involves collecting and
compiling additional information on site
releases that will help better characterize
sites and prioritize cleanups (e.g., by
targeting facilities and releases in sensitive
drinking water areas such as source water
areas).
http://www.epa/gov/OUST/tribal
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CONCLUSION
Report to Congress on the UST Program in Indian Country
Since inception over 20 years ago, the
UST program in Indian country has
developed and grown, relationships and
partnerships have been built. In recent
years, Congress has consistently provided
nearly $5 million annually to support the
program in Indian country. This support
has made it possible for EPA and its tribal
partners to achieve some important
successes that have been described in this
report. EPA looks forward to continuing to
work with tribal partners so additional
success stories will be written in the future.
With the renewed commitments of the
tribal strategy, EPA plans to work with
tribal staff, facility owners, and operators in
addressing the challenges and achieving
more success in Indian country. The
considerable progress that has been
achieved over the past 20 years and the
partnerships that have been forged between
the tribes and EPA will serve as a
foundation for further successes in the
future.
*^w^J.!;.;v-,^"'>'A:X:'.',->'."'; ?"-'"''.' '
, .j^Jatems....- . ' i ,« , Hf isljifflB»'»tf*t "*va"i»" ,' . i " '
' . F 4 t^^PP^mf* ' *m.,BvK"WBI^w-~* » *, * ^ »t» (»^ . ('t ,, i181^
' ' .'"=/ .._?sf * ' «.. ^^B^aiiKA»B«li,&-l,m / ' ',!! .9^, ,* , ,v i, ,
An UST Facility on the Standing Rock Sioux Reservation (North Dakota)
24
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Report to Congress on the UST Program in Indian Country
APPENDIX A: ACTIVE AND CLOSED FEDERALLY-REGULATED USTs
IN INDIAN COUNTRY As of March 2007
Tribes With Active and Closed Federally-Regulated USTs
# Facilities
EPA # Active w/Active # Closed
Region Tribe USTs USTs USTs
Region 1
Region 2
Region 4
Region 5
Mohegan Tribe of Indians of Connecticut
Passamaquoddy Tribe of Maine
Cayuga Nation*
Oneida Nation*
Saint Regis Mohawk Tribe*
Seneca Nation
Tonawanda Band of Seneca Indians*
Tuscarora Nation*
Eastern Band of Cherokee Indians of North Carolina
Miccosukee Tribe of Indians of Florida
Mississippi Band of Choctaw Indians
Seminole Tribe of Florida
Bad River Band of Lake Superior Chippewa
Bois Forte Band Of Chippewa (of the Minnesota Chippewa Tribe)
Fond Du Lac Band (of the Minnesota Chippewa Tribe)
Forest County Potawatomi Community
Grand Portage Band (of the Minnesota Chippewa Tribe)
Grand Traverse Band of Ottawa and Chippewa Indians
Hannahville Indian Community
Ho-Chunk Nation
Keweenaw Bay Indian Community
Lac Courte Oreilles Band of Lake Superior Chippewa Indians
Lac Du Flambeau Band of Lake Superior Chippewa Indians
Lac Vieux Desert Band of Lake Superior Chippewa Indians
Leech Lake Band (of the Minnesota Chippewa Tribe)
Little Traverse Bay Bands of Odawa Indians
Lower Sioux Indian Community
Menominee Indian Tribe of Wisconsin
Mille Lacs Band (of the Minnesota Chippewa Tribe)
Oneida Nation of Wisconsin
Prairie Island Indian Community
Red Cliff Band of Lake Superior Chippewa Indians
Red Lake Band of Chippewa Indians
Saginaw Chippewa Tribe of Michigan
Sault Ste. Marie Tribe of Chippewa Indians
Shakopee Mdewakanton Sioux Community
Sokaogon Chippewa Community
St. Croix Chippewa Indians of Wisconsin
White Earth Band (of the Minnesota Chippewa Tribe)
8
4
5
34
3
95
10
23
40
11
9
3
4
2
11
3
10
1
3
17
15
4
4
2
51
2
5
8
43
34
3
5
14
89
5
8
3
5
42
2
1
2
13
1
45
4
9
15
3
3
1
3
1
5
1
3
1
1
7
4
2
1
1
22
1
1
6
16
15
1
2
8
26
2
4
1
1
24
0
0
not available
not available
not available
not available
not available
not available
34
0
5
18
5
9
22
0
12
3
0
0
38
35
42
0
154
0
0
46
61
116
0
5
28
308
0
0
2
5
88
25
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Report to Congress on the UST Program in Indian Country
EPA
Region
Region 6
Region 7
Tribe
Absentee Shawnee Tribe
Alabama-Coushatta Tribe of Texas
Apache Tribe
Chickasaw Nation
Choctaw Nation of Oklahoma
Citizen Potawatomi Nation
Comanche Nation
Coushatta Tribe of Louisiana
Jicarilla Apache Nation
Kickapoo Tribe of Oklahoma
Kiowa Tribe of Oklahoma
Mescalero Apache Tribe
Muscogee (Creek) Nation
Ohkay Owingeh (formerly the Pueblo of San Juan)
Otoe-Missouria Tribe
Ottowa Tribe of Oklahoma
Pawnee Nation of Oklahoma
Pueblo of Acoma
Pueblo of Cochiti
Pueblo of Isleta
Pueblo of Jemez
Pueblo of Laguna
Pueblo of Picuris
Pueblo of Pojoaque
Pueblo of San Felipe
Pueblo of San lldefonso
Pueblo of Sandia
Pueblo of Santa Ana
Pueblo of Santa Clara
Pueblo of Santo Domingo
Pueblo of Taos
Pueblo of Zia
Quapaw Tribe of Oklahoma
Seminole Nation of Oklahoma
Tonkawa Tribe of Oklahoma
Ysleta del Sur Pueblo of Texas
Zuni Tribe
Kickapoo Tribe in Kansas
Omaha Tribe of Nebraska
Prairie Band of Potawatomi Nation
Sac & Fox Nation of Missouri in Kansas and Nebraska
Sac& Fox Tribe of Mississippi in Iowa (Meskwaki Nation)
Santee Sioux Nation
Winnebago Tribe of Nebraska
# Active
USTs
3
4
3
26
33
8
4
3
6
3
3
8
8
21
7
3
8
8
3
3
3
14
10
10
3
6
7
3
33
6
9
3
4
7
2
11
7
7
48
3
10
4
2
13
# Facilities
w/Active
USTs
1
1
1
8
10
1
2
1
2
1
1
2
2
7
2
1
3
1
1
1
1
3
4
3
1
2
2
1
10
1
3
1
1
2
1
6
3
2
13
1
2
1
1
4
# Closed
USTs
4
2
1
5
4
5
0
3
14
0
1
6
4
12
2
0
8
5
7
3
1
18
14
4
0
0
0
2
14
0
14
0
0
2
0
1
17
1
56
0
0
0
6
30
26
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Report to Congress on the UST Program in Indian Country
EPA
Region
Region 8
Region 9
Tribe
Assiniboine and Sioux Tribes of the Fort Peck Reservation
Blackfeet Tribe
Cheyenne River Sioux Tribe
Confederated Salish & Kootenai Tribes of the Flathead
Reservation
Crow Creek Sioux Tribe
Crow Tribe
Flandreau Santee Sioux Tribe
Fort Belknap Indian Community
Lower Brule Sioux Tribe
Northern Arapaho Tribe of the Wind River Reservation
Northern Cheyenne Tribe
Oglala Sioux Tribe of the Pine Ridge Reservation
Rosebud Sioux Tribe
Sisseton-Wahpeton Oyate of the Lake Traverse Reservation
Southern Ute Indian Tribe
Spirit Lake Tribe
Standing Rock Sioux Tribe
Three Affiliated Tribes of the Fort Berthold Reservation
Turtle Mountain Band of Chippewa Indians
Ute Indian Tribe of the Uintah & Ouray Reservation
Ute Mountain Ute Tribe
Agua Caliente Band of Cahuilla Indians
Barona Band of Mission Indians
Cabazon Band of Mission Indians
Campo Kumeyaay Nation (formerly the Campo Band of
Mission Indians)
Chemehuevi Indian Tribe
Colorado River Indian Tribes
Duckwater Shoshone Tribe
Ely Shoshone Tribe
Fort McDermitt Paiute-Shoshone Tribe
Fort McDowell Yavapai Nation
Fort Mojave Indian Tribe
Gila River Indian Community
Hoopa Valley Tribe
Hopi Tribe
Hualapai Indian Tribe
La Jolla Band of Luiseno Indians
Las Vegas Paiute Tribe
Moapa Band of Paiute Indians
Mooretown Rancheria of Maidu Indians
Morongo Band of Mission Indians
Navajo Nation
Paiute-Shoshone Tribe of the Fallen Reservation and Colony
Pala Band of Mission Indians
# Active
USTs
38
34
26
89
10
28
3
10
3
57
5
25
27
5
26
5
33
35
19
50
9
32
4
1
5
6
39
1
4
1
4
3
12
9
21
4
3
3
6
3
4
375
3
3
# Facilities
w/Active
USTs
13
12
10
32
5
16
1
2
1
21
2
14
12
1
10
2
15
25
9
17
2
10
1
1
1
3
11
1
1
1
1
1
6
3
15
2
1
1
2
1
2
198
1
2
# Closed
USTs
160
147
105
285
12
97
6
10
12
314
35
106
56
6
55
33
112
99
23
227
15
15
0
0
0
18
84
0
0
0
13
12
72
24
36
20
0
0
1
0
2
659
0
5
27
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Report to Congress on the UST Program in Indian Country
EPA
Region
Region 9
Region 10
Tribe
Paskenta Band of Nomlaki Indians
Pechanga Band of Luiseno Indians
Pyramid Lake Paiute Tribe
Quechan Tribe of the Fort Yuma Reservation
Rincon Band of Luiseno Mission Indians
Rumsey Indian Rancheria of Wintun Indians
Salt River Pima-Maricopa Indian Community
San Carlos Apache Tribe
Shoshone-Paiute Tribes of the Duck Valley Reservation
Smith River Rancheria
Susanville Indian Rancheria
Te-Moak Tribe of Western Shoshone of Nevada, Elkko Band
Tohono O'Odham Nation
Walker River Paiute Tribe
Washoe Tribe of Nevada & California
White Mountain Apache Tribe
Yavapai-Apache Nation of the Camp Verde Indian
Reservation
Yavapai-Prescott Indian Tribe
Yerington Paiute Tribe
Yurok Tribe
Coeurd'Alene Tribe
Confederated Tribes of the Chehalis
Confederated Tribes of the Colville Reservation
Confederated Tribes of the Grand Ronde Community
Confederated Tribes of the Umatilla Reservation
Confederated Tribes of Warm Springs
Confederated Tribes and Bands of the Yakama Nation
Cow Creek Band of Umpqua Tribe of Indians
Lummi Tribe
Makah Indian Tribe
Muckleshoot Indian Tribe
Nez Perce Tribe
Nisqually Indian Tribe
Nooksack Indian Tribe
Port Gamble S'Klallam Tribe
Puyallup Tribe
Quinault Tribe
Shoshone-Bannock Tribes of the Fort Hall Reservation
Skokomish Indian Tribe
Spokane Tribe
Squaxin Island Tribe
Suquamish Indian Tribe
Swinomish Indians
Tulalip Tribes
# Active
USTs
3
4
10
3
2
3
23
15
6
3
3
3
22
5
4
43
7
4
2
5
31
4
31
3
6
15
74
6
5
23
12
64
2
2
5
4
11
23
4
19
4
12
3
14
# Facilities
w/Active
USTs
1
2
6
3
1
1
9
10
6
1
1
1
13
2
2
24
2
2
1
3
13
1
13
1
1
5
25
1
3
6
3
24
1
1
1
2
4
8
1
7
1
3
1
5
# Closed
USTs
0
0
16
0
0
2
51
38
19
0
0
0
76
6
1
67
12
6
0
1
84
0
101
1
21
15
240
5
14
25
18
237
3
5
3
0
30
103
19
19
2
4
2
22
Total: 171 Tribes 2,658 1,087 5,446
Active Facilities Closed
28
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Report to Congress on the UST Program in Indian Country
Tribes With Closed Federally-Regulated USTs Only (no active)
EPA # Closed
Region Tribe USTs
Region 1
Region 2
Region 5
Region 6
Region 7
Region 8
Region 9
Region 10
Mashantucket Pequot Tribe
Onondaga Nation*
Bay Mills Indian Community
Stockbridge Munsee Community
Cheyenne-Arapaho Tribes of Oklahoma
Osage Nation
Seneca-Cayuga Tribe of Oklahoma
Wyandotte Nation
Iowa Tribe of Kansas and Nebraska
Chippewa-Cree Indians of the Rocky Boy's Reservation
Skull Valley Band of Goshute Indians
Yankton Sioux Tribe
AkChin Indian Community
Bishop Paiute Tribe
Cocopah Tribe
Confederated Tribes of the Goshute
Coyote Valley Band of Porno Indians
Havasupai Tribe
La Posta Band of Digueno Mission Indians
Pauma-Yuima Band of Liseno Mission Indians
Reno-Sparks Indian Colony
Tule River Indian Tribe
Tuolumne Band of Me-Wuk Indians
Metlakatla Indian Community
Quileute Tribe
1
not available
2
7
14
3
3
3
4
6
5
5
9
3
6
4
2
2
1
1
1
3
1
15
9
Total:
25 Tribes
110
All Tribes with Federally-Regulated USTs (active & closed)
GRAND TOTAL: 196 Tribes
2,658 active USTs
1,087 facilities with active USTs
5,556 closed USTs
Source: EPA Regional data- includes tribally and non-tribally owned USTs in Indian country.
Note: "Active USTs" equals all USTs that are not permanently closed.
*Region 2 only has facility data for most tribes, as such the number of USTs is estimated at 2.65 per facility
29
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Report to Congress on the UST Program in Indian Country
APPENDIX B: LIST OF RELATED EXECUTIVE ORDERS, STATUTES,
DOCUMENTS, POLICIES, AND GUIDANCE
Statutes
42 U.S.C. § 69911, Resource Conservation and Recovery Act, Section 9013, Tanks on Tribal
Lands
Regulations
40 CFR Part 280, Technical Standards and Corrective Action Requirements for Owners and
Operators of Underground Storage Tanks
40 CFR Part 281.12(a)(2), Approval of State Underground Storage Tank ProgramsScope
Presidential Documents
Memorandum for the Heads of Executive Departments and Agencies, Government-to-Government
Relationship with Tribal Governments. President George W. Bush, September 23, 2004.
(http://www.epa.gov/indian/pdfs/president-bush-indian.pdf)
Executive Order 13175 Consultation and Coordination with Indian Tribal Governments
(http://www.epa.gov/fedrgstr/eo/eol3175.htm)
EPA Policies and Initiatives
The 1984 EPA Indian Policy (http://www.epa.gov/indian/1984.htm)
Reaffirmation Memorandum of the 1984 EPA Indian Policy
(http://www.epa.gov/indian/pdfs/reaffirmation-indian-policy.pdf)
Interim Final National Policy Statement for Underground Storage Tank Program Implementation in
Indian Country, OSWER Directive 9610.15A, (http://www.epa.gov/oust/directiv/d961015a.htm),
October 23,1995
EPA Guidance
Guidance on the Enforcement Principles Outlined in the 1984 Indian Policy, January 17, 2001
(http://www.epa.gov/compliance/resources/policies/state/84indianpolicy.pdfj
Guidance for Issuing Federal EPA Inspector Credentials to Authorize Employees of State/Tribal
Governments to Conduct Inspections on Behalf of EPA, September 30, 2004,
(http://www.epa.gov/compliance/resources/policies/monitoring/inspection/
statetribalcredentials.pdf)
UST/LUST Enforcement Procedures Guidance Manual, OSWER Directive 9610.11, May 1990
(http://www.epa.gov/OUST/directiv/od961011.htm)
30
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United States
Environmental Protection
Agency
Solid Waste And
Emergency Response
5401 P
EPA510-R-07-006
August 2007
www.epa.gov/oust/
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