310FR07001
Profile of Tribal
Government Operations
EPA Office of Compliance Sector Notebook Project
NOTEBOOKS
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
Summer 2007
Dear Environmental Professional:
The Environmental Protection Agency's (EPA) Office of Enforcement and Compliance Assurance
(OECA) is pleased to provide you with the Profile of Tribal Government Operations (Tribal
Profile). We hope that you will use the Profile and access a new Tribal Compliance Assistance
("enter (Tribal Center) at wvvw.epa.gov/tribaleompliance. Both the Tribal Profile and the Tribal
('enter are part of OECA's efforts to improve environmental compliance in Indian country under
our National Tribal Compliance Assurance Priority.
The Tribal Profile presents information on the erniromnental regulations thai may apply to tribal
government operations and related opportunities for preventing pollution. Additional!}, the Tribal
Profile provides tribes with ke\ information needed to ensure compliance with federal and tribal
environmental regulations and simultaneously build tribal em iromnenlal program capacity for
environmental compliance. EPA revised the Tribal I'rofile after seeking and receiving comments
irom tribes and tribal organizations.
The Tribal ('enter \< a web-based tool that serves as usur first place to get comprehensive, easy to
understand compliance information targeted specifically for environmental issues in Indian coumrx.
The Tnbal Center links to each EPA Region and Program Office (Air. Water, Waste,
Toxics/Pesticides, etc.), EPA's American Indian Environmental Office, other federal agencies, and
tribal and non-tribal organizations. In addition, the Tribal Center provides quick access to training
and funding opportunities, continual updates to the Tribal Profile and other programs, and the
ability lo ask EPA to post information on your environmental program. The Tribal Center is one of
1 5 Compliance Assistance Centers thai are found at w\\i\.as_sjstaneecenters.net.
1 hope you find the Tribal Profile and the Tribal ('enter useful tools to help you ensure
environmental compliance in Indian country. If you have any questions about these tools or the
Tribal Priority, please contact Jonathan Binder at (202) 564-2516, hinderj.oriajjia|ig:epa.gov. or
Catherine Eunis at (202) 564-0476. tunis,catherine,a;epa.gov or by mail (EPA. 1 200 Pennsylvania
Avenue, N.W.. Mail Code 2224A. Washington, DC 20460).
Sincerely.
James Edward. Director
Compliance Assistance and Sector Programs Division
Office of Compliance
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Sector Notebook Project
Profile of Tribal Government Operations
PREFACE
The Profile of Tribal Government Operations (Tribal Profile) is one in a series of volumes
published by the United States Environmental Protection Agency (EPA) to provide
comprehensive information of general interest regarding environmental issues associated with
specific sectors, including federal facilities and local governments. There are currently thirty-
five Sector Notebooks.
The Tribal Profile orients readers to the environmental responsibilities and challenges facing
tribal governments. The Tribal Profile is especially useful in providing information on the
complex and wide array of tribal government operations and applicable and relevant
environmental regulations and pollution prevention opportunities. The Tribal Profile also offers
references to more detailed information to facilitate compliance and pollution prevention.
OBTAINING THE TRIBAL PROFILE AND OTHER SECTOR NOTEBOOKS
Complimentary copies are available to tribal governments and certain other groups, including
public and academic libraries, federal, state, and local governments, and the media.
All Sector Notebooks are available in hardcopy by calling (800) 490-9198, reference 310-R-07-
001 and in electronic format at hit••>:.••/vvwvv.cpa.^ov/conipliaricc/scctornotchooks.html.
THE SECTOR NOTEBOOK PROJECT AND SECTOR NOTEBOOK CONTACTS
EPA's Office of Compliance developed the Tribal Profile and each Sector Notebook. Appendix
I contains information on, and contacts for, each Sector Notebook. For questions on the Tribal
Profile, contact Jonathan Binder, Tribal Program Manager Office of Enforcement and
Compliance Assurance, at binder.jonatlianifocpa.gov or (202) 564-2516 or Catherine Tunes, at
tunis.catherinetoepa.uov or (202-564-0476). You can direct general questions about the Sector
Notebook Project to Seth Heminway, Coordinator, Sector Notebook Project, at
herninway.sethfoepa.gov or (202) 564-7017.
UP-TO- DATE INFORMATION AND PEOPLE TO CONTACT
EPA's Tribal Compliance Assistance Center at www.epu.gov/tribalcompliance contains up-to-date
information on ensuring compliance in Indian country and EPA Headquarters and Regional
personnel who can offer you assistance.
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TABLE OF CONTENTS
CHAPTER 1. INTRODUCTION 1-4
1.1 WHY A TRIBAL PROFILE 1-4
1.2 How THE TRIBAL PROFILE Is ORGANIZED 1-4
1.3 SCOPE OF THE TRIBAL PROFILE-EVERY TRIBE is DIFFERENT 1-4
1.4 THE TRIBAL PROFILE is ADAPTABLE TO PARTICULAR NEEDS 1-4
CHAPTER 2. OVERVIEW OF TRIBAL GOVERNMENTS 2-4
2.1 TRIBAL GOVERNMENTS -OVERVIEW OF HISTORY AND STRUCTURE 2-4
2.2 APPROACHES FOR PROVIDING SERVICES 2-4
2.3 REGULATION OF TRIBAL GOVERNMENT OPERATIONS 2-4
2.4 TRIBES AND ENVIRONMENTAL PROTECTION 2-4
2.5 TRIBAL ASSUMPTION OF FEDERAL ENVIRONMENTAL PROGRAMS 2-4
2.6 DIRECT FEDERAL IMPLEMENTATION IN INDIAN COUNTRY 2-4
2.7 TRIBAL CAPACITY To MANAGE FEDERAL ENVIRONMENTAL PROGRAMS 2-4
2.8 PUBLIC PARTICIPATION 2-4
CHAPTER 3. TRIBAL GOVERNMENT OPERATIONS 3-4
3.1 POLLUTION PREVENTION AND COMPLIANCE ASSISTANCE 3-4
3.1.1 Benefits of Pollution Prevention 3-4
3.1.2 Implementation of Pollution Prevention 3-4
3.2 PURCHASING PRACTICES THAT ENCOURAGE REGULATORY COMPLIANCE AND
POLLUTION PREVENTION 3-4
3.2.1 Environmentally-Preferable Product Alternatives 3-4
3.2.2 Top Pollution Prevention Opportunities 3-4
3.3 PUBLIC SAFETY 3-4
3.3.1 Chemical Emergency Preparedness and Prevention 3-4
3.3.2 Fire Protection and Emergency Response 3-4
3.3.3 Police Protection 3-4
3.3.4 Pollution Prevention and Public Safety 3-4
3.4 HEALTHCARE PROGRAMS 3-4
3.4.1 Hospitals, Healthcare Workers and Emergency Response 3-4
3.4.2 Pollution Prevention and Healthcare Programs 3-4
3.5 TRIBAL GOVERNMENT ENTERPRISES 3-4
3.5.1 Forestry 3-4
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3.5.2 Gaming 3-4
3.5.3 Agriculture 3-4
3.5.4 Tourism 3-4
3.5.5 Fisheries and Shellfish 3-4
3.5.6 Fuel Management and Gasoline Stations 3-4
3.6 CONSTRUCTION/PROPERTY MANAGEMENT 3-4
3.6.1 Fundamental Environmental Issues of Construction Management 3-4
3.6.2 Stormwater - Application to Construction Activities 3-4
3.6.3 Buildings and Construction 3-4
3.6.4 Roads/Bridges/Tunnels 3-4
3.6.5 Underground Storage Tanks 3-4
3.6.6 Aboveground Storage Tanks 3-4
3.6.7 Outdoor Recreation Facilities (including Stadiums and Golf
Courses) 3-4
3.6.8 Vehicle and Equipment Maintenance 3-4
3.6.9 Pollution Prevention in Construction and Maintenance 3-4
3.7 WATER RESOURCES MANAGEMENT , 3-4
3.7.1 Surface Water Protection 3-4
3.7.2 Listing of Impaired Waters 3-4
3.7.3 Total Maximum Daily Loads 3-4
3.7.4 Implementation of Watershed (Surface Water) Protection Programs.. 3-4
3.7.5 Reservoir Management 3-4
3.7.6 Source Water (Groundwater) Protection 3-4
3.7.7 Wetlands 3-4
3.7.8 Watershed Protection and Management 3-4
3.7.9 Pollution Prevention and Water Resources Management 3-4
3.8 WATER SUPPLY 3-4
3.8.1 Water Treatment 3-4
3.8.2 Waste Disposal 3-4
3.8.3 Storage and Management of Disinfecting Chemicals 3-4
3.8.4 Water Distribution 3-4
3.8.5 Operations and Maintenance 3-4
3.8.6 Safety and Security 3-4
3.8.7 Safe Drinking Water Act Compliance 3-4
3.9 WASTEWATER MANAGEMENT 3-4
3.9.1. Operation and Maintenance of Sewer Systems 3-4
3.9.2 Wastewater Treatment 3-4
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3.9.3 Storm Water Discharges 3-4
3.9.4 Other Operations That May Be Regulated 3-4
3.9.5 Pollution Prevention in Wastewater Management 3-4
3.10 PESTICIDE MANAGEMENT 3-4
3.10.1 Purchasing Pesticides 3-4
3.10.2 Applying Pesticides 3-4
3.10.3 Worker Protection 3-4
3.10.4 Storing Pesticides 3-4
3.10.5 Disposing of Pesticides 3-4
3.10.6 Pollution Prevention in Pesticide Management 3-4
3.11 SOLID WASTE MANAGEMENT 3-4
3.11.1 Integrated Solid Waste Management 3-4
3.11.2 Collecting and Storing Municipal Solid Waste 3-4
3.11.3 Recycling and Composting 3-4
3.11.4 Disposal Through Landfilling and Waste Combustion 3-4
3.11.5 Household Hazardous Waste Collection and Storage 3-4
3.11.6 Partnership in Solid Waste Management 3-4
3.11.7 Hazardous and Non-Typical Waste 3-4
3.11.8 Other Operations That May Be Regulated 3-4
3.11.9 Pollution Prevention in Solid Waste Management Operations 3-4
3.12 VEHICLE/EQUIPMENT MAINTENANCE 3-4
3.12.1 Vehicle Repair Shops 3-4
3.12.2 Fueling Stations 3-4
3.12.3 Purchasing 3-4
3.12.4 Pollution Prevention in Vehicle/Equipment Maintenance 3-4
CHAPTER 4. SUMMARY OF FEDERAL AND TRIBAL REGULATORY
PROGRAMS 4-4
4.1 DIRECT FEDERAL IMPLEMENTATION OF ENVIRONMENTAL LAWS IN INDIAN
COUNTRY - EPA's ROLE AS REGULATOR 4-4
4.2 TRIBAL ASSUMPTION OF FEDERAL ENVIRONMENTAL PROGRAMS 4-4
4.3 THE CLEAN AIR ACT 4-4
4.4 CLEAN WATER ACT 4-4
4.4.1 The Water Quality Standards Program and Tribal Program
Approval 4-4
4.4.2 Water Quality Standards - Dispute Resolution Mechanism 4-4
4.5 SAFE DRINKING WATER ACT 4-4
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4.6 RESOURCE CONSERVATION AND RECOVERY ACT (SOLID AND HAZARDOUS WASTE
PROGRAMS 4-4
4.6.1 Underground Storage Tanks Program 4-4
4.6.2 Above Ground Storage Tanks 4-4
4.6.3 Oil Spill Programs - Spill Prevention, Control, and Countermeasure
Plans 4-4
4.7 EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW PROGRAMS 4-4
4.8 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
ACT 4-4
4.9 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT 4-4
4.10 Toxic SUBSTANCES CONTROL ACT 4-4
4.11 NATIONAL ENVIRONMENTAL POLICY ACT 4-4
4.12 ENDANGERED SPECIES ACT 4-4
4.13 RANGE MANAGEMEN" PROGRAMS 4-4
APPENDIX A. LIST OF ACRONYMS A-4
APPENDIX B. CONTACTS FOR EPA INDIAN AND MEDIA PROGRAMS B-4
EPA Regional Contacts - Indian Program & Media Programs B-4
EPA Headquarters Tribal Contacts B-4
APPENDIX C. EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL
PROGRAMS ON INDIAN RESERVATIONS (NOVEMBER, 8,1984) C-4
INTRODUCTION C-4
POLICY C-4
APPENDIX D. ENVIRONMENTAL ORGANIZATIONS GUIDE D-4
NATIONAL/REGIONALlNDiAM ORGANIZATIONS D-4
NATIONAL/REGIONAL EPA ORGANIZATIONS D-4
NATIONAL/REGIONAL INDIAN ORGANIZATIONS D-4
NATIONAL/REGIONAL EPA ORGANIZATIONS D-4
APPENDIX E. COMPLIANCE AND TECHNICAL ASSISTANCE RESOURCES.... E-4
GENERAL COMPLIANCE AND TECHNICAL ASSISTANCE MATERIAL E-4
TRAINING - GENERAL E-4
COMPLIANCE ASSISTANCE CENTERS E-4
WASTE ISSUES IN INDIAN COUNTRY E-4
Solid Waste Material E-4
Solid Waste - Tribal Codes E-4
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Solid Waste - Backyard Burning E-4
Hazardous Waste Material E-4
Training - Solid And Hazardous Waste E-4
Construction and Demolition Waste E-4
Underground Storage Tanks E-4
Emergency Planning E-4
Mining Waste in Indian Country E-4
Military Munitions Waste E-4
Radioactive Materials E-4
WATER RESOURCES E-4
Public Water Systems E-4
Tribal and Other Non-Federal Organizations E-4
Wastewater Management E-4
Training- Water Quality E-4
Wetlands Management E-4
Underground Injection Control E-4
Source Water Protection E-4
AIR RESOURCES E-4
Air Pollution E-4
Training- Air Pollution E-4
Air Quality and Monitoring E-4
Asbestos and Radon E-4
PESTICIDES E-4
Toxics E-4
SCHOOLS E-4
General E-4
Higher Education E-4
Asbestos E-4
Disposal of Spent Laboratory Chemicals E-4
Lead-Based Paint E-4
Water E-4
Pesticides E-4
POLLUTION PREVENTION E-4
GREEN BUILDINGS E-4
HEALTH CARE AND HOSPITALS E-4
NATIONAL ENVIRONMENTAL POLICY ACT E-4
SELECTED ENFORCEMENT GUIDANCE RELATED TO INDIAN COUNTRY E-4
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FEDERAL EXECUTIVE BRANCH RESOURCES E-4
Department of Agriculture E-4
Department of Commerce E-4
Department of Defense E-4
Department of Energy E-4
Department of Health and Human Services E-4
Department of Housing and Urban Development E-4
Department of the Interior E-4
Department of Justice E-4
Department of Labor E-4
Department of Transportation E-4
Environmental Protection Agency E-4
Federal Communications Commission E-4
The Advisory Council on Historic Preservation E-4
UNITED STATES CONGRESS RESOURCES E-4
TRIBAL CODES, TRIBAL ENVIRONMENTAL LAWS, AND FEDERAL INDIAN LAW E-4
LINKS TO TRIBAL GOVERNMEOT WEB SITES E-4
OTHER ENVIRONMENTAL WEB SITES E-4
APPENDIX F. EPA FINANCIAL ASSISTANCE RESOURCES F-4
AIR RESOURCES F-4
MULTIMEDIA RESOURCES F-4
EDUCATIONAL RESOURCES F-4
RESEARCH & SCIENCE F-4
PESTICIDE RESOURCES F-4
LEAD RESOURCES F-4
WASTE RESOURCES F-4
Solid Waste F-4
Hazardous Waste F-4
POLLUTION PREVENTION F-4
WATER RESOURCES F-4
Water Quality Standards F-4
Water Pollution F-4
Watershed Programs. F-4
Wetlands F-4
Underground Injection Control Program F-4
Water Emergencies F-4
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Drinking Water F-4
ENFORCEMENT AND COMPLIANCE ASSURANCE PROGRAM F-4
APPENDIX G. ECONOMIC BENEFITS OF BUILDING GREEN G-4
APPENDIX H. POLLUTION PREVENTION SUCCESS STORIES H-4
ADDITIONAL TRIBAL POLLUTION PREVENTION CASE STUDIES H-4
Waste Management in Indian Country H-4
Interagency Open Dump Cleanup Project H-4
APPENDIX I. AVAILABLE SECTOR NOTEBOOKS 1-4
DISCLAIMER
The Tribal Profile is for employees of EPA and the general public for informational purposes
only. The Tribal Profile was reviewed inside EPA, but its contents do not necessarily reflect the
views or policies of EPA or any other organization mentioned within. Mention of organizations,
trade names commercial products, or events does not constitute endorsement or recommendation
for use. The statutory provisions and regulations described in the Tribal Profile contain legally
binding requirements. The Tribal Profile is not a regulation itself, nor does not it change or
substitute for those provisions and regulations. Thus, the Tribal Profile does not impose legally
binding requirements on EPA, tribes, states, or the regulated community. In addition, the Tribal
Profile is not intended and cannot be relied upon to create any rights, substantive or procedural,
enforceable by any party in litigation with the United States.
Note: EPA's Office of Enforcement and Compliance Assurance, Compliance Assistance and
Sector Programs Division developed the Tribal Profile. Special thanks to the many individuals
inside EPA who reviewed the Tribal Profile and provided valuable comments, particularly
Jonathan Binder, Jeffrey Brown, Joe Edgell, Dan Martin, Catherine Tunis, Elizabeth Wendt, and
Barbara Wester. Additional thanks go to Mary Andrews, Jenny Beilanski, Jeff Besougloff, Steve
Clark, Darrell Harmon, Ken Harmon, Jim Havard, William Lienesch, Trish McKenzie, Nick
Nichols, Kris Range, and Martin Topper. The Inter Tribal Council of Arizona, Inc. provided
initial contract (PR-DC-01-02451/YDC-049) support and the Northwest Indians Fisheries
Commission and Robert Pojasek, Pojasek and Associates, provided additional material. Abt
Associates provided subsequent contract support (EP-W-04-058, WA 02-OPT1).
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Profile of Tribal Government Operations
CHAPTER 1. INTRODUCTION
WHY A TRIBAL PROFILE
The mission of the United States
Environmental Protection Agency
(EPA or Agency) is to protect human
health and the environment. EPA
works with federally-recognized
Indian tribes (tribes) to protect human
health and the environment, in a
manner consistent with EPA's trust
responsibility to tribes and the
government-to-government
relationship.
The Profile of Tribal Government
Operations (TribalProfile) presents
information on many aspects of tribal
government operations that affecl the
environment and human health. As
U.S. Environmental Protection Agency Strategic Plan
EPA's work with tribes is based on the recognition that tribes
have unique cultural, jurisdicational, and legal issues that must
be considered when coordinating and implementing
environmental programs in Indian country. One of their
cultural distinctions is a longstanding commitment to
environmetal stewardship. Native Americans recognize the
importance of not only protecing the environment, but of
pursuing a longer-term goal of sustainability - a perspective
that has much to offer as EPA pursues stewardship efforts.
EPA works with each tribe on a government-to-government
basis. The Agency's 1984 Indian Policy formally recognizes the
uniqueness of tribes and their rights as sovereign governments.
In keeping with that policy, EPA will pursue innovative and
coordinated programs that complement tribal government
structures and incoproate tribal priorities to protect human
health and the environment in Indian country.
such, the Tribal Profile provides environmental professionals working with tribes key
information needed to effectively understand the environmental regulations that may apply to
such tribal operations and related pollution prevention opportunities. The Tribal Profile also
offers material related to building tribal compliance capacity and achieving environmental
compliance. To this end, the Tribal Profile gives the reader information on:
• The different types of tribal governments;
• The types of tribal government operations that have the potential to significantly affect
human health and the environment;
K The potential environmental impacts of those operations;
* Opportunities to reduce environmental impacts through pollution prevention;
• The regulatory requirements with which tribal governments must comply; and
• Information on federal and non-federal resources available to achieve compliance and
potential pollution prevention opportunities.
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1.2 How THE TRIBAL PROFILE Is ORGANIZED
Profile of Tribal Government Operations
The Tribal Profile presents general information on many aspects of tribal governments that
affect the environment. In addition to this introductory chapter, the Tribal Profile contains three
additional chapters:
U.S. Environmental Protection Agency Strategic Plan
EPA's work with tribes to "[pjrotect human health and
the environment on tribal lands by assisting federally-
recognized tribes to build environmental management
capacity, assess environmental conditions and measure
results, implement environmental programs in Indian
country.
* Chapter 2 presents an overview of
tribal governments, including the
types, numbers, and sizes of tribal
governments in the United States.
8 Chapter 3 identifies the major
operations conducted by tribal
governments, the environmental
impacts of these operations, the
applicable environmental requirements, and pollution prevention opportunities.
• Chapter 4 provides an overview of the federal statutes and regulations that may affect the
major operations conducted by tribal governments, including information on EPA
authorization of tribal governments to implement federal environmental programs.
" Appendices provide comprehensive support material, including information on EPA's
media and Indian programs, references to compliance and technical assistance documents,
financial assistance resources, and green building and pollution prevention opportunities.
Chapter 3 is the heart of the Tribal Profile and focuses on eleven specific types of operations:
" Public safety;
» Healthcare programs;
* Land use management;
• Tribal government enterprises;
* Construction and construction management;
• Water resource management;
* Water supply;
" Wastewater management;
• Pesticides application and regulation;
B Solid waste management; and
" Vehicle/Equipment maintenance.
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Sector Notebook Project Profile of Tribal Government Operations
Although this list may not include all operations conducted by tribal governments, it is
representative of the operations that present the most significant environmental impacts. The
Tribal Profile intentionally omits other operations with significant environmental aspects and
impacts in Indian country, such as agriculture, mining, pulp and paper industry, and power
generation, because they are the subjects of other EPA sector notebooks that offer
comprehensive information on environmental concerns common to similar operations. A
complete list is available at: http:- "A\vvv.epa.gov.•compliance/scctonnotcbooks.html.
It should be noted that tribal environmental laws, in addition to federal environmental laws, may
regulate many operations conducted by tribal governments and private entities within a
reservation. As such, tribal governments may also play the role of the regulator for many
facilities in Indian country. The rsgulatory authority is discussed in Chapter 2 and Chapter 4.
1.3 SCOPE OF THE TRIBAL PROFILE - EVERY TRIBE is DIFFERENT
It is impossible to describe every aspect of tribal governments, tribal government operations, or
Native American history and culture. Tribes and native communities are numerous and diverse
as well as culturally rich and unique, and have differing perspectives on, and interests in,
environmental protection. A tribe I government may not have each (or any) of the operations
described in Chapter 3. However, it is possible to provide general insight into tribes and more
specific insight into the range of environmental issues encountered. Of course, a tribal
government's facilities may have unique characteristics that are not fully captured in the Tribal
Profile. The Tribal Profile serves, therefore, as an effective guide to tribes and EPA personnel to
help them understand and address environmental issues.
To produce a manageable document, the Tribal Profile focuses on providing summary
information for each topic. This format provides a synopsis of each issue, and references where
more in-depth information is available. Text originated from a variety of sources, and was
usually condensed from detailed sources pertaining to specific topics. This approach allows for a
wide coverage of activities that can be further explored using the references listed throughout the
Tribal Profile.
THE TRIBAL PROFILE is ADAPTABLE TO PARTICULAR NEEDS
EPA encourages tribal governments and other groups to supplement or re-package the
information contained in the Tribal Profile to include more specific information that may be
available. EPA plans to make the information contained in the Tribal Profile available online at:
http://www.epa.gov/compliance/tribal/ajsjstance.
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Profile of Tribal Government Operations
CHAPTER 2. OVERVIEW OF TRIBAL GOVERNMENTS
TRIBAL GOVERNMENTS - OVERVIEW OF HISTORY AND STRUCTURE
For the purposes of the Profile, the term tribal
government means any Indian or Alaska Native
tribe, band, nation, pueblo, village or community
that appears on the list of federally-recognized
tribes published annually by the United States
Department of the Interior [http://www.doi.gov1.
There are three distinct types of sovereign
governments within the United States - the
federal government, tribal governments, and
state governments; the federal government is
also responsible for fourteen insular areas,
including Puerto Rico and the Virgin Islands.
Tribes possess significant powers of
governance. The relationship between the United States and tribes is of one government to
another government. This principle has shaped the entire history of dealings between the federal
government and the tribes, and is lodged in the Constitution. Because the United States Supreme
Court has recognized that the Constitution vests authority over Indian affairs in the federal
government, generally, states have no authority over tribal governments. Tribal governments are
not subordinate to state governments.
Most tribal governments exercise jurisdiction over a single reservation and portions of a
reservation may not be contiguous. Some tribes, however, share a reservation but maintain
separate tribal governments. Other tribes share a reservation and govern together in a
confederation, and some tribes lack any reservation. There is one formal reservation in Alaska
and over 200 Alaska Native village corporations and 13 regional for-profit corporations in
Alaska.
Tribes have the inherent right to choose the form of government that best suits their practical and
cultural needs. Many tribes adopted constitutions patterned loosely on the Constitution after
passage of the Indian Reorganization Act (IRA) of 1934. Other tribes operate under Articles of
Association or other bodies of written law. Still other tribes have retained their traditional forms
of government, which are codified in tribal customs and have added nontraditional elements, as
appropriate. Thus, tribal governments are complex systems that vary from tribe to tribe. In each
case, tribal governments are responsible for the people, resources, and activities within their
jurisdictions except those aspects that have been withdrawn or modified by treaty, case law or by
the United States Congress. IRA tribes and those tribes with written laws exercise this
responsibility by making and enforcing laws and adjudicating cases, though not necessarily
through separate branches of government.
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The chief executive of a tribe, if cne exists, is generally called the tribal chairperson, but may
also be called principal chief, governor, president, administrator, or other name. The chief
executive usually presides over what is typically called the tribal council or tribal business
committee. Therefore, many tribal governments are like parliamentary bodies in that they
combine executive and legislative functions. Typically, the tribal council performs the
legislative function for the tribe, although some tribes require a referendum of the membership to
enact laws. Tribal legislative authority includes, but is not limited to, regulation of commercial
and business relations, environmental protection, land use regulation, regulation of domestic
relations among members, some police powers, and chartering of business organizations. Tribes
typically establish departments or agencies with responsibility for both regulating activities and
providing services. The most common departments are listed below:
• Environment and/or natural resources;
• Health and welfare;
• Law enforcement;
B Education; and
* Housing.
Tribal governments may also establish a formal judicial structure that can ultimately seek tribal
administrative or judicial sanctions to enforce tribal laws. Of course, some tribes retain
traditional community-based forms of jurisprudence that conduct the same activities and provide
the same services.
The Secretary of the Interior is responsible for acknowledging tribes pursuant to the Federally
Recognized Indian Tribe List Act of 1994, 25 USC 479a. When federal recognition exists, the
result is a trust responsibility flowing from the federal government to the tribe as a beneficiary.
The Secretary publishes a list of federally-recognized tribes each year. To date, the Secretary of
the Interior has acknowledged 562 tribal governments; no Alaska Native Village corporations are
recognized. These federally-recognized tribes are disbursed throughout the United States. The
heaviest concentration of tribes is in Alaska (227 tribes), California (106 tribes), Oklahoma (38
tribes), and Washington (29 tribes). There are over 55.7 million acres (approximately 3% of the
United States) of tribal trust lands in the United States. In addition, Alaska Native Corporations
retain title to 44 million acres, ami individual tribes also own additional non-trust lands. In the
2000 Census, 4.1 million people identified themselves as American Indian and Alaska Natives
(1.5 percent of the total United States population). Of that number, 2 million reported their
enrollment in a particular tribe.
Exhibit 2-1 provides a national map of federally-recognized tribes and each Environmental
Protection Agency (EPA) Region.
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Sector Notebook Project
Profile of Tribal Government Operations
Exhibit 2-1. National Map of Federally Recognized Indian Tribes
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The remainder of this chapter offers a broad overview of how tribes approach providing services
and environmental regulations, and the role of public participation in tribal governments.
2.2 APPROACHES FOR PROVIDING SERVICES
Tribal governments have a special responsibility to their members. Tribes provide essential
services and participate in the reservation economy both as a government (regulator) and as an
entrepreneur and service provider because the tribe is typically a major business/facility owner
within its own jurisdiction. Tribal businesses and services are as diverse as the tribal
governments providing them. With respect to services, the mechanisms through which tribal
governments provide the services are also diverse. Tribal governments often provide services
through their own employees. A tribe, for example, may hire and retain its own personnel and
equipment (e.g., dumpsters, trucks) to collect solid waste within its boundaries. In contrast, a
tribe may negotiate a contract with a private waste management company to collect solid waste.
Through either mechanism, the tribal government is providing the service. It should also be
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Sector Notebook Project Profile of Tribal Government Operations
noted that even though a tribal government may not actually conduct the operation (e.g., collect
solid waste) when contracting with a private company, the tribal government may still be
responsible for the environmental compliance of that operation and contractor. Tribal
governments may be responsible for meeting environmental requirements of its operations,
whether they actually conduct them or not.
Tribal governments may also provide tribal members with services through federal grants,
contracts, compacts, and cooperative agreements through the Indian Self-Determination and
Education Assistance Act (Public Law 93-638, as amended). This statute allows tribes to assume
programs provided for federally-recognized tribes by the Interior and Health and Human
Services Departments, especially those of the Bureau of Indian Affairs (BIA) and the Indian
Health Service (1HS). Examples of such programs include the operation of healthcare facilities
for IHS or schools operated by the BIA. Tribes may also operate federally-funded housing
programs through block grants provided under the Native American Housing Assistance and Self
Determination Act of 1996. Under these programs, tribes operate and maintain physical assets,
infrastructure, and services initially funded with federal resources, including highways and roads,
schools, water and sewerage facilities, and solid waste disposal systems. In these cases, the
tribal government usually has the responsibility for environmental compliance. The federal
government may also provide these and other services directly to tribal governments and tribal
members. When the federal government provides the service, depending on the nature of federal
involvement, the federal government may be responsible for environmental compliance, under
federal and applicable tribal laws.
In certain situations, tribal governments may choose to enter into agreements with state and local
governments to provide or share services. For example, a tribe and a local government may
agree to allow the local government to collect solid waste within the tribe's boundaries. These
agreements may be used to conserve financial resources or when a tribal government chooses not
to provide these services itself. In other situations, individual tribal members can select the
service provider(s) of choice (e.g., pest control, phone service).
REGULATION OF TRIBAL GOVERNMENT OPERATIONS
Federal and tribal environmental statutes and regulations are major tools to protect the
environment and human health in Indian country. Federal environmental statutes are enacted
into law by the United States Congress and, in accordance with these statutes, EPA and other
federal agencies develop corresponding regulations. Tribal environmental statutes are put into
place by tribal governments. Both federal and tribal environmental statutes may contain
enforcement mechanisms to deter and punish noncompliance.
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Federal and tribal environmental laws and
regulations apply to many tribal government
operations. In the case where a tribe is a provider of
a service or the owner and/or operator of a business,
the tribe is both the regulator of the operation and the
regulated entity, generally with different parts of the
tribal government carrying out the separate
functions. Under certain circumstances, tribal
governments may implement federal environmental
programs in the same manner as states. In these
instances, the tribe is again both the regulator of the
operation and the regulated entity. EPA-approved state programs generally do not apply in
Indian country. EPA is responsible for ensuring compliance with federal environmental laws in
Indian country, even when a tribe is operating a federal environmental program. Chapter 4
contains additional information on federal statutes and regulations applicable to tribal
government operations.
The Government-to-Government
Relationship
Under EPA's 1984 Indian Policy, EPA
recognizes tribal governments as sovereign
entities with primary authority and
responsibility for the reservation populace.
Accordingly, EPA will work directly with tribal
governments as the independent authority for
reservation affairs, and not as political
subdivisions of states or other governmental
units.
2.4 TRIBES AND ENVIRONMENTAL PROTECTION
Tribes' interest in, and authority over, environmental protection can arise from statutes, federal
executive orders, Indian treaties, agreements with the United States and/or state and local
governments, or as a result of aboriginal title. Tribes generally exercise exclusive jurisdiction
over civil claims arising in Indian country that implicate tribal interests. While, as a general rule,
federal courts have held that tribes do not have inherent jurisdiction over non-members, the
federal courts have established important exceptions to this general rule. In Montana v. United
States, the United States Supreme Court held that a tribe "may regulate...the activities of non-
members who enter consensual relationships with the tribe or its members [or] the conduct of
non-Indians on fee lands within its reservation when that conduct threatens or has some direct
effect on the political integrity, the economic security, or the health or welfare of the tribe."
Montana v. United States, 450 U.S. 544 (1981).
Under their own inherent tribal authorities, many tribes are developing environmental protection
programs and exercising jurisdiction over tribal members and, in some cases, non-members.
There is great variation in the scope and in the issues addressed by tribal environmental
protection programs. These variations are due to multiple factors, including a tribe's location,
the environmental conditions faced by each tribe, a tribe's individual relationship with the United
States (by way of treaty, executive order, statute, or other situation), a tribe's relationship with
surrounding state governments, and a tribe's size and financial and technical expertise. Because
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each tribe is unique and has a unique history, a specific tribe's environmental program may cover
some but not all environmental regulatory areas and may include a broad variety of regulations
associated with planning, monitoring, permitting, and licensing. Ensuring compliance with the
tribe's regulations is achieved through providing compliance assistance, conducting inspections,
and taking enforcement actions.
A number of federal Indian treaties and federal laws explicitly reserve rights pertaining to the
environment. These rights include rights to fish, hunt, and gather, rights to mineral estates and
water rights. Some treaties explicitly reserve such rights within Indian reservations. Other
treaties, particularly in the Pacific Northwest and the Great Lakes regions, reserve such rights
both within reservation areas and also within ceded territories where the tribes traditionally
maintained "usual and accustomed" hunting, fishing, or gathering places. Some treaties do not
contain any explicit reservation of hunting, fishing, or gathering rights. Nonetheless, courts have
held that treaties carry those rights necessary to realize the primary purposes of the treaty. How
these off-reservation reserved rights or tribal resource claims in ceded areas may impact federal
environmental program implementation should be addressed on a case-by-case basis.
2.5 TRIBAL ASSUMPTION OF FEDERAL ENVIRONMENTAL PROGRAMS
EPA recognizes tribal governments as the primary parties for setting standards, making
environmental policy decisions, and managing programs for Indian reservations, in a manner
consistent with Agency standards and federal regulations. Tribal governments may assume full
or partial responsibility for a variety of EPA programs; EPA retains aspects of certain
enforcement programs even when a tribe gets delegation of the whole program.
Federal environmental statutes that allow for EPA authorization of tribal assumption of federal
programs or a substantial role for tribes are:
* Federal Insecticide, Fungicide, and Rodenticide Act;
• Safe Drinking Water Act;
K Comprehensive Environmental Response, Compensation, and Liability Act;
« Clean Water Act; and
*> Clean Air Act.
In addition, eligible tribes may apply for approval to run certain federal environmental programs
under two additional statutes:
" Toxic Substances Control Act; and
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m Emergency Planning and Community Right-to-Know Act.
To assume regulatory program responsibility and be treated "in the same manner as a state,"
tribes must generally meet the following criteria:
» The tribe must be federally-recognized;
B The tribe must have or be able to exercise substantial governmental powers;
» The tribe must have or have been delegated jurisdiction over the area in question; and
» The tribe must be reasonably expected to have the capability to effectively implement a
program.
One important criterion for EPA's evaluation of a tribal application for assumption of an
environmental program is whether the functions to be exercised are within the applicant tribe's
jurisdiction. EPA asks tribes that are applying for regulatory program eligibility to demonstrate
that they have adequate authority over the activities to be regulated. Demonstrating jurisdiction
over activities on trust lands or lands owned by a tribe is usually relatively straightforward.
Under principles of federal Indian law, tribes generally have inherent sovereign authority to
regulate both their members and land held in trust (although specific federal statutes may have
affected this general principle for some tribes).
As part of the evaluation, EPA examines whether a tribe has jurisdiction over non-member
activities on non-member-owned fee lands within the boundaries of an Indian reservation, where
a tribe seeks approval for such activities. EPA generally analyzes whether a tribe has jurisdiction
over non-member activities on fee lands with respect to two potential sources of authority: 1) a
tribe may have inherent authority over these activities; or 2) Congress may, by statute, delegate
federal authority to a tribe.
In general, once a tribe has established one of the criteria, above, it need not reestablish that same
criteria for subsequent programs. It must only establish that it has jurisdiction and capability for
each subsequent program. If a tribe does not have capability, it must have a plan for acquiring
capability over time. This capability is required because each program may require different
skills and activities to provide the level and type of protection required by specific statutes and
regulations.
Chapter 4 provides additional information on tribal regulatory programs, including which
programs are eligible for treatment in the same manner as a state.
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2.6 DIRECT FEDERAL IMPLEMENTATION IN INDIAN COUNTRY
In general, when tribal governments are unwilling or unable to assume full responsibility for
federal environmental programs, EPA retains authority for directly implementing and enforcing
these programs in Indian country. Given that environmental program responsibility requires
capability and significant resources, tribes do not always find it practical to assume full
responsibility for federal environmental programs.
Based upon a variety of factors, including program costs, availability of technical expertise,
availability of technical assistance and maintenance costs, tribal governments may select certain
high-priority activities, but may decide not to assume an entire regulatory program. When tribes
decide not to undertake certain activities under federal environmental programs or when tribes
do not to apply for entire programs, EPA retains direct implementation and enforcement of those
environmental management programs.
The following is an illustrative selection of some tools that can provide assistance to tribal
programs in situations where EPA directly implements programs in Indian country:
• Establish Tribal-EPA Environmental Agreements (TEAs) that identify tribal priorities and
help with budget development;
B Develop Regional and National Environmental Work plans based on TEAs;
» Fine-tune Regional strategies so that direct implementation is consistent with tribal
priorities; and
8 Establish Direct Implementation Tribal Cooperative Agreements (DITCA) which allows
tribes and eligible intertriba: consortia to assist EPA in meeting its statutory obligations.
2.7 TRIBAL CAPACITY To MANAGE FEDERAL ENVIRONMENTAL PROGRAMS
Tribal governments relate to the reservation environment both as a government and as a
participant because they are often regulators, major landowners, and business owner/operators
within their own jurisdictions. Tne diversity of tribal governments - structure, number,
geography, environmental issues., and financial resources - affects their capacity to manage
federal environmental programs and ensure regulatory compliance.
EPA and a variety of other federal agencies provide resources to support tribal capacity to
manage environmental programs. The Indian Environmental General Assistance Program
(GAP) Act (42 USC 4368(b)) provides a significant source of grants to build tribal capacity to
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administer environmental programs and to provide technical assistance from EPA in the
development of multimedia environmental management and/or regulatory programs. Capacity-
building activities eligible for GAP funding include planning, hiring staff, environmental
monitoring, and assessing environmental resources and pollution threats. In addition, many EPA
program-specific grants help to build tribal environmental capability and can be used in concert
with GAP grants to establish integrated tribal environmental programs.
Tribal governments must ensure that resources are available to operate and maintain regulated
activities. In this situation, tribal governments operate like any government, business,
organization, or household and manage cash inflow and outflow, savings accounts, investments,
and debt. There may be a wide range of revenue sources available to tribes. These revenue
sources include tribally owned or operated businesses, taxes, natural resource severance fees,
royalties, and federal funds. For many tribal governments, like other government entities,
revenue sources do not always cover expenses. Limited revenue sources may impact the
services provided and environmental performance.
2.8 PUBLIC PARTICIPATION
Public participation can help ensure that tribal members and non-tribal members who reside in
Indian country are afforded opportunities to meaningfully participate in the decision-making
processes on issues which may impact their environment and public health. From planning a
project or activity through implementation, such participation should involve the people who will
be most affected in decision-making processes. This helps mitigate conflicts and
misunderstandings and prevent consequent delays in operations.
Public participation activities can be divided into two basic categories: 1) public outreach and
education; and 2) public involvement. Public outreach and education tools are designed to
increase the public's awareness of environmental issues pertaining to government operations.
Public involvement tools are designed not only to inform the public, but also to encourage
activism and involve the public in decision-making processes. Public involvement is also
important in fostering good relationships and open communication among operators of
tribal government facilities, tribal governments, tribal members, non-tribal members, and other
stakeholders. Examples of non-member involvement in tribal government processes include
administrative procedures like processes for tribal regulation or inclusion of non-tribal members
on regulatory boards.
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CHAPTER 3. TRIBAL GOVERNMENT OPERATIONS
Tribal governments, regardless of size, location, or demographics, provide a variety of services
to their populations. This chapter provides an overview of many of these operations and
activities, presents the potential environmental impacts of the operations/activities, and identifies
the environmental requirements to which these operations/activities may be subject. The
following sections are not exhaustive discussions of every aspect of the specific tribal operation.
Instead, they attempt to highlight activities with the greatest potential to impact the environment.
Chapter 4 presents additional information on specific environmental requirements.
A significant aspect of all of the operations presented in this chapter is pollution prevention. Not
only does pollution prevention reduce the amount of waste that must undergo treatment and
disposal, it also plays an important role in helping regulated facilities achieve compliance. For
these reasons, this chapter begins with an overview of pollution prevention and its relationship
with compliance; additionally, each section on a specific operation discusses pollution
prevention practices.
3.1 POLLUTION PREVENTION AND COMPLIANCE ASSISTANCE
Pollution knows no boundaries. Pollution originating in the air, on the land, in the water, even
on the other side of the world, can eventually disperse around the globe and degrade human
health and the environment. Pollution prevention can be applied across these environmental
media (i.e., air, water, and land) to address both point source and nonpoint sources of pollution.
Pollution prevention, also known as
source reduction, is any practice that
eliminates or reduces pollution at its
source. Pollution prevention is achieved
through material substitutions, process
changes, and the more efficient use of
natural resources (e.g., raw materials,
energy, water, and other resources).
Through pollution prevention, the use and
production of hazardous substances can be minimized, thereby protecting human health,
strengthening economic well-being, and preserving the environment.
The EPA's Pollution Prevention (P2) Web site
[http://' www.epa.gov/p2/1 offers up-to-date
information about pollution prevention practices and
source reduction programs and initiatives administered
by EPA and other organizations. For additional
pollution prevention information specifically for tribes,
and to share your tribe's pollution prevention successes
with others, go to Tribal Pollution Prevention Web site
fhttp:/ / www.tTibalp2.org/1.
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3.1.1 BENEFITS OF POLLUTION PREVENTION
Profile of Tribal Government Operations
Pollution prevention is one of the best ways for tribes to conserve natural resources and decrease
chemical exposures and environmental degradation. At the same time, reducing pollution also
allows tribes to meet compliance standards, save money on materials and energy costs, and
reduce liability. Information on waste streams, along with pollution prevention tips and
strategies, is included in this chapter.
Putting pollution prevention practices in place can:
« Help tribes and tribal facilities meet compliance standards;
» Improve practices and procedures to ensure continued compliance; and
* Reduce risk of employee exposure to hazardous waste by creating safer working
conditions.
Practicing pollution prevention can:
m Save money in production and material costs;
B Reduce solid and hazardous waste disposal costs; and
• Increase regulatory compliance and avoid penalty fees.
3.1.2 IMPLEMENTATION OF POLLUTION PREVENTION
Many tribal governments integrate pollution prevention into their operations. Tribal pollution
prevention practices can be applied across a wide variety of operations, including during
wastewater pretreatment, purchasing and procurement opportunities, building construction and
operation, and educational activities.
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PURCHASING PRACTICES THAT ENCOURAGE REGULATORY COMPLIANCE AND
POLLUTION PREVENTION
The Office of the Federal Environmental Executive
[http://vvnw.ofee.gQv/gp/gp.hbTi1 provides
information on the Federal Green Purchasing Program
and a wealth of other green purchasing tools.
Tribal governments use numerous
products as they perform services for
tribal members. Product manufacturing
(including raw material extraction),
transportation, use, and disposal can
generate byproducts that stress tribal, national, and global environmental resources and pose
health threats to product users and the public. By incorporating environmental and health criteria
into purchasing specifications, trioal governments can reduce or avoid the use of potentially
harmful chemicals, reduce the risk of accidents and toxic releases, and more easily achieve
regulatory compliance.
Green purchasing practices (e.g. purchasing energy efficient equipment, low toxicity cleaning
materials, recycled content products) are important components of effective pollution prevention
programs and can also lead to cost savings, manifested in reduced energy costs and reduced
hazardous material disposal costs.
Presidential Executive Order 13101 (which strengthens Executive Order 12873) Greening the
Government Through Waste Prevention, Recycling, and Federal Acquisition, directs federal
agencies to set goals to increase their use of recycled content products and other environmentally
preferable products and services. Many tribal and state governments have voluntarily adopted
policies that support the Executive Order and have increased their procurement of recycled
products and products that are less hazardous, non-toxic, energy efficient, and generate less
waste.
3.2.1 ENVIRONMENTALLY-PREFERABLE PRODUCT ALTERNATIVES
The waste stream, and the types of emissions generated by the activities of tribal governments, is
directly affected by the products they purchase or use. Choosing environmentally-preferable
alternatives to products that are considered hazardous, or that contribute to wastes covered under
environmental regulations, is a preventive strategy available to any tribe involved in product
requisition. Various sections of [he Tribal Profile provide information on specific wastes
generated and pollution prevention opportunities as does EPA's Environmentally Preferable
Purchasing Web site [littp://www.epa.gov/opptintr/ep.p/], where you will find tools, documents, and
guidance, including a comprehensive database for specific products.
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3.2.2 TOP POLLUTION PREVENTION OPPORTUNITIES
The following list highlights selected strategies for preventing pollution through purchasing
practices:
» Adopt a purchasing policy that promotes the integration of environmental and health
criteria in all product specifications;
• Educate tribal staff about health effects associated with chemicals commonly contained in
the products they use or are exposed to, and provide information on alternatives;
» Choose one department/operation at a time to incorporate environmentally-preferable
products; start with a group where you are most likely to succeed. Review final product
specifications with product users or operation supervisors to ensure that their needs are
satisfied;
• Encourage users to choose environmentally-preferable products;
* Involve product end-users throughout the decision-making process. Request that vendors
perform product demonstrations for staff, and compare products;
• Review all purchases and read all product Material Safety Data Sheets and product labels
for potential environmental and health impacts prior to purchase and use;
« Check products for durability;
• Make sure products can be safely used and stored (e.g., adequate storage locations and
ensure personal protective equipment is available).
* Avoid purchasing products that are potentially harmful to the user, public, or environment
(e.g., contain known or suspected carcinogens or other toxic ingredients), or purchase the
least toxic products available to do the job.
• Prevent the generation of hazardous wastes in operations by eliminating products that
contain hazardous ingredients.
B Participate in cooperative purchasing ventures with other jurisdictions to increase
availability of environmentally-preferable products, leverage purchasing power, and reduce
internal costs associated with the formal bid process.
" When researching environmental purchasing, utilize resources and expertise available from
vendors, manufacturers, government agencies, non-profits, and other organizations.
• Consider environmental and health impacts associated with a product's life cycle prior to
drafting bid specifications ("product life cycle" includes raw material extraction or
development, product manufacturing, transportation to market, product use, and disposal).
• Implement waste reduction activities (e.g., lease agreements that require vendors to take
responsibility for products as they become obsolete; require prospective bidders to avoid
excess paper and packaging in their bid and proposal submittals such as avoiding plastic
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covers and dividers, using both sides of paper, and using post-consumer recycled content
paper; specify copiers and printers with double-sided printing capabilities).
" Begin an energy conservation program and invest in energy-efficient equipment and
building design (specify EPA "Energy Star" certified equipment and require equipment
installers to activate efficiency features upon product installation).
3.3 PUBLIC SAFETY
Tribal governments help ensure public safety and provide emergency planning, fire protection,
and police protection. Emergency planning and response activities include analyzing community
hazards, developing a local emergency response plan to prepare for and respond to oil and
chemical emergencies, and responding to hazards and suppressing them. Exhibit 3-1 outlines the
range of public safety activities a tribal government may undertake.
Exhibit 3-1. Public Safety
Fire
Protection
and Emergency
Response
Information
Dissemination to
the Public
Hazardous
Materials
Response
Fire Response
and Suppression
Photoprocessing
Firing Ranges
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3.3.1 CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
The RCR A, Superfund, and EPCRA Training Module
[http://vvv\'vv. epa.gov/su perfnnd / contacts/sfliotlne/ce
rejvjxlj] contains release-reporting requirements, gives
some general information on EPCRA, and provides
hotline phone numbers.
In general, tribal governments have the basic
responsibility for understanding risks posed
by chemicals, managing and reducing those
risks, and handling emergencies on land
under their jurisdiction. Some tribal
governments must meet requirements both as regulated entities, and as regulators, under the
Emergency Planning and Community Right-to-Know Act (EPCRA). EPCRA regulates both
emergency planning and the dissemination of information on certain chemicals to the public.
EPCRA and the Clean Air Act's (CAA) chemical accident prevention provisions in section
I I2(r), require facilities to report on hazardous chemicals they store or handle. These two laws
provide an array of complementary information on what chemicals are in the community: what
chemicals are present at each location, what hazards these chemicals pose, what chemical
releases have occurred in the area, and, what steps industry is taking to prevent additional
accidents. The information can be used to enhance the community emergency response plan and
protect tribal communities from chemical hazards.
Eligible tribes may assume the same role as states in the development of chemical emergency
preparedness and prevention programs under EPCRA and the CAA. There are several other
options available to tribes to ensure effective EPCRA coverage in Indian country; these options
involve working with another tribe, or a consortium of tribes, or the state within which it is
located, to achieve a workable program. Every community in the United States, including Indian
reservations, must be part of a comprehensive plan.
Tribal Emergency Response Committee
Under sections 301-303m of EPCRA, tribal governments that do not enter into cooperative
agreements with states or other tribes establish Tribal Emergency Response Committees
(TERCs) to ensure the development of an emergency planning and implementation structure
sufficient to meet the reservation's needs. A TERC functions as the focal point of EPCRA
compliance, regardless of how much the tribe works independently or contracts with outside
agencies. If a TERC is not established, and the tribal government has not entered into a
cooperative agreement to provide this function, then the tribal executive branch (this may be the
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tribal chief executive or body) opsrates as the TERC and is responsible for the planning
committee's functions.
Visit EPA's Chemical Emergency Preparedness and
Prevention Web site
[http://voscmite.epa. goy/oswcr/ceppovveb.nsf/con tent
/ index.htm 11 for information about chemical emergency
preparedness and prevention programs and initiatives
administered by EPA and other organizations. Tribes
may wish to review the Gila River Indian Communities
emergency planning code at the Model Tribal
Emergency Response Commission Ordinance page
[http: / / w w w .cheinicalspill.org/ tribal.htm 11.
TERCs can provide training, technical
assistance, and information to
communities within Indian country so
they know what to do in the even: of a
chemical accident. Additionally, TERCs
establish procedures for receiving and
processing public requests for
information collected under EPCRA, and
obtain further information about a particular chemical or facility, when needed. Finally, TERCs
supervise a Local Emergency Planning Committee (LEPC). Federal funding for TERC activities
may be available from EPA's Chemical Emergency Preparedness and Prevention Office or from
the Federal Emergency Management Agency. See Appendix F, EPA Financial Assistance
Resources.
LEPC Responsibilities
Tribal governments that establish TERCs are not required to establish a LEPC. If a TERC
decides to establish a LEPC, then the LEPC could be given authority to develop a contingency
plan to prepare for and respond to emergencies involving hazardous substances on the
reservation. If the TERC does net establish a LEPC, then the TERC is responsible for all aspects
of the emergency planning and response program outlined below.
If a tribe forms a LEPC, its membership includes, at a minimum, tribal officials such as police,
fire, civil defense, public health, Iransportation and environmental professionals, industry
representatives of facilities subject to the emergency planning requirements of EPCRA,
community groups, and the news media. All members of the LEPC may be tribal members.
A LEPC-developed contingency :>lan should include:
18 The identity and location o: hazardous materials;
B Procedures for an immediate response to a chemical accident;
• Public notification of evacuation or shelter-in-place procedures;
<* Industry contact names; and
B Timetables for testing and updating the plan.
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In addition to requirements imposed by EPCRA and the CAA, tribal governments must comply
with all applicable federal right-to-know laws. Tribal governments may require steps in addition
to the ones imposed by EPCRA.
Other Emergency Response Options
Tribal governments may decide not to establish a TERC. Instead, tribal governments may decide
to develop an EPCRA program through formal collaboration with another tribe or tribes, or the
adjacent state(s). These collaborative EPCRA programs could be designed to meet specific tribal
needs and leverage resources. For example, a TERC could implement some but not all of
EPCRA's requirements, while allowing a state to implement other appropriate parts of the
program through a cooperative agreement with the State Emergency Response Commission
(SERC). Another option is for a tribe to authorize the SERC to perform appropriate functions of
the TERC within Indian country, to establish a LEPC, or join an off-reservation LEPC, that
works directly with the SERC through a cooperative agreement.
The National Safety Council's Environmental
Health Center Web site
[http://v\ •vvw.nsc.org/c'hc/iTiip.htm'Icontains
information on Risk Management Programs,
including safety, compliance, and enforcement
Under CAA section 112(r), all chemical facilities
with processes exceeding a threshold quantity for
77 acutely toxic substances (such as chlorine and
ammonia) and 63 highly volatile flammable
substances (when used as fuel) must adopt a Risk
Management Program (RMP). All facilities must
submit a summary, with RMP, to EPA. The RMP includes:
8 The facility hazard assessments, including worst-case release and alternative release
scenarios;
8 The facility accident prevention activities, such as the use of special safety equipment,
employee safety training programs, and process safety hazards analyses conducted by the
facility;
m The past chemical accidents at a facility;
• The management system in place at the facility; and
* The facilities emergency response program.
At present, EPA has authority for implementing CAA section 112(r) for Indian country. Tribes
that EPA finds eligible for treatment in the same manner as a state under the CAA's Tribal Air
Rule (40 CFR Part 49) can apply for authorization to administer the RMP program. Under this
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approach tribes should ensure that their chemical safety regulatory program is at least as
stringent as the federal program in order to strengthen enforcement capabilities.
Under EPCRA, LEPCs receive hazardous chemical inventory and emergency release
information submitted by facilities and have access to toxic chemical release information
supplied by facilities to EPA. LEPCs can provide this information to tribal officials, tribal
community leaders, and the public to aid in preparing for emergencies and managing chemical
risks.
The following describes the EPCRA reporting requirements for chemicals:
• Hazardous Chemical Reporting. Under EPCRA, TERCs/LEPCs receive hazardous
chemical inventory information submitted by facilities and make it available to the public
upon request. Facilities with chemicals that are present in excess of certain amounts are
required to submit either actual copies of Material Safety Data Sheet (MSDS) or lists of
MSDSs chemicals to LEPC. the TERC, and the local fire department. This reporting
requirement has been in effect since October 1987. In addition, these facilities must submit
annual inventories to the same agencies, which are due on March 1 of each year.
TERCs/LEPCs make this information available to the public, and fire departments and
public health officials use the information to plan for and respond to emergencies. Tribal
governments may be subjec: to the reporting requirements if they have or use any of the
specific chemicals in excess of the threshold amounts.
» Emergency Release Notification. Under EPCRA, TERCs/LEPCs receive emergency
release information submitted by facilities and make it available to the public upon request.
A facility is required to immediately notify the community and the tribe (i.e., the TERC and
the LEPC) of a release of more than a predetermined amount of certain hazardous
chemicals. Chemicals covered by this requirement include not only the 366 "extremely
hazardous substances," but also more than 700 hazardous substances subject to the
emergency notification requirements of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA or Superfund) hazardous waste cleanup law.
The emergency release notification activates emergency plans, and the information on
emergency releases is considered in the LEPC planning process. Tribal governments are
also subject to this notificaton requirement. All oil spills are to be reported to the National
Response Center (NRC) at (800) 424-8802.
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« Toxic Chemical Release Reporting. TERCs/LEPCs, as well as the public, have access to
an EPA database called the Toxic Release Inventory (TRI), which contains information on
annual toxic chemical releases submitted by
certain facilities. Under EPCRA,
specific facilities must estimate and
report each year the total amount of
toxic chemicals that they release into
Combined with hazard and exposure information, EPA's
TRI Explorer Web site
[http://wvvvv.cpa.gOv/triexplorer/1 can be a valuable
tool for risk identification.
the environment, either accidentally or
as a result of routine plant operations,
or transport as waste to another location. EPA's TRI Explorer offers access to TRI data to
help tribes and communities identify facilities, hazardous substances, and chemical disposal
or other release patterns that warrant further study and analysis.
3.3.2 FIRE PROTECTION AND EMERGENCY RESPONSE
Tribal governments may be responsible for providing fire protection services to their
communities. Fire protection services and responsibilities include fire response and suppression
(i.e., firefighting), salvage (i.e., pumping water out of
basements), investigation of fires, repair and
maintenance of equipment, and fire prevention. Tribal
fire departments may also be the first to respond to a
hazardous chemical emergency (i.e., hazardous
response).
Some tribal governments have their own fire departments that operate on the reservation. These
fire departments have their own equipment and employees and operate within the reservation
boundaries. Other tribes contract with off-reservation fire departments and private companies to
provide firefighting services on the reservation. Several tribes coordinate with fire departments
from surrounding jurisdictions to provide "first response" and other services to reservations and
the surrounding areas.
The size and type of tribal firefighting operations depend upon several factors, such as
population density, cost, reservation size, the range and type of flammable objects, topography,
and staffing abilities.
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Fire departments have a primary role in emergency planning and mitigation, including fire
response and suppression, and hazardous materials response. Because fire protection activities
can affect the environment, they may be subject to environmental laws and regulations, as
indicated in the following list:
" Emergency planning - EPCRA
" Fire response and suppression - CAA and EPCRA
* Hazardous materials response - Resource Conservation and Recovery Act (RCRA) and
Clean Water Act (CWA)
Firefighters may be appointed to TERCs/LEPCs under the emergency planning provisions of
EPCRA. Tribal fire departments may also receive information about hazardous chemicals from
facilities in the form of MSDSs o- lists of MSDS chemicals and hazardous chemical inventory
forms which are submitted to the TERC and LEPC. Tribal first responders should be properly
trained to deal with emergencies involving chemical hazards.
Agents used for fire suppression vary based on the location and type of fire. Halons, which are
low toxicity, chemically stable compounds, have been used historically for fire and explosion
protection. Halons are now known to contribute to the depletion of the ozone layer and have
been phased out of production; the production and importation of new halons is banned in the
United States. Recycled halon is now the only source of supply.
Firefighters use a number of traditional fire extinguishing agents, including water, carbon
dioxide, dry chemicals, and foam, that are good alternatives to halons for many fire protection
applications. Research has led to the commercialization of new agents and technologies, such as
halocarbon compounds, inert gas mixtures, water-mist or fogging systems, and powdered
aerosols. The potential environmental impacts from firefighting activities using water are soil
and water contamination from runoff. Also, many conventional synthetic foarns contain solvents
regulated under EPCRA.
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The Emergencies, Accidents, and Spills page of
EPA's Solid Waste and Emergency Response Web site
[http://ww\v.epa.gov/osvver/emergencies.html has
up-to-date information on Emergency Response -
sudden threats to the public health and the
environment arising from the release or potential
release of oil, radioactive materials, or hazardous
chemicals into the air, land, or water.
In the event of a spill, TERCs and LEPCs can
take the steps necessary to protect public
health and safety as well as the environment.
If another party is responsible for a
hazardous materials spill, tribes may seek to
bill the responsible party for the expenses
incurred in protecting the community and the
environment. In addition, reimbursement may be sought for any materials used by safety
personnel to control a spill, protect the environment, and mitigate the hazard.
Depending upon the type of hazardous material released, various response techniques may be
used to control the spill and minimize the impacts on human health and the environment. The
key to effectively combating spills is careful selection and proper use of the equipment and
materials most suited to the type of spill and the conditions at the spill site. The types of
response techniques include:
Response techniques:
* Mechanical containment and recovery
» Chemical and biological methods
Physical Methods
Mechanical containment or recovery, such as
booms, barriers, and skimmers, as well as
sorbent materials, that are used to capture and
store the spilled material until it can be
disposed of properly;
Chemical and biological spill containment methods such as chemical and biological
agents, the use of which requires EPA or U.S. Coast Guard On Scene Coordinator
authorization per the National Contingency Plan, as listed in 40 CFR 300.900; and
Physical methods, such as natural processes of evaporation, oxidation, and biodegradation.
As these processes take time, they might not be the most expeditious, depending on the type
of spill.
Sorbents contaminated with hazardous materials must be disposed of according to the hazardous
waste provisions of RCRA.
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3.3.3 POLICE PROTECTION
Tribal police protection involves law enforcement, traffic safety, and other activities related to
preservation of law and order in areas that contain tribal members. Some tribal governments
have assumed police responsibilities entirely while other tribes either contract with, or rely on,
BIA for this service. In either case, primary policing responsibilities include patrol,
investigative/detective force, traffic regulation, and crime prevention.
Firing practices may contaminate the soil, and possibly the groundwater, with lead from the
birdshot, bullets, and bullet fragments, as well as produce airborne lead dust.
Firing ranges can install devices that intercept and collect the shot and bullets for recycling and
substitute less hazardous materials (e.g., plastic and steel shot) for the lead shot. To reduce
and/or eliminate lead pollution, many indoor and outdoor firing ranges use bullet "traps." Bullet
traps use a rubber medium to cap:ure bullets and contain them, as well as a filter system to
eliminate airborne lead dust. These traps prevent the lead pollution of air and soil, which would
normally occur from a bullet's impact with metal, sand, or the ground. Most firing ranges hire
salvage companies to recover, clean, and recycle the bullet traps and filter systems. The disposal
of bullets and bullet fragments recovered from a bullet trap may be regulated under the
hazardous waste provisions of RCRA.
EPA's current position is that firing of birdshot, bullets, and bullet fragments at firing ranges is
considered to be within the normal and expected use pattern of the manufactured product, and is
not a waste management activity subject to the RCRA regulations. The bullets and bullet
fragments are not characterized as "hazardous wastes" because they have not been discarded.
Where an imminent and substantial endangerment to health or the environment may have been
created by expended shot or debris, however, remedial requirements may apply under RCRA. In
addition, the remediation of lead-contaminated soil at a firing range, either for maintenance or
site closure, is regulated under the hazardous waste provisions of RCRA and/or CERCLA.
Under the provisions of EPCRA, firing ranges must report releases of lead dust transported by
the wind. A release is reportable when more than 1 pound of lead particles smaller than 0.004
inches in diameter is released beyond the boundaries of the site or facility.
A discharge of lead shot, other ammunition, or broken targets into waters of the United States
would be considered a discharge of pollutants into navigable waters and, thus, require a CWA
National Pollutant Discharge Elimination System (NPDES) permit. EPA's policy on shooting
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ranges is found in "Best Management Practices for Lead at Outdoor Shooting Ranges"
[htrp:''www,epa.uov;region2'\viisteleadshot--J.
3.3.4 POLLUTION PREVENTION AND PUBLIC SAFETY
Public safety operations, especially emergency planning and response activities, can involve
tribal, industry and other community representatives. Within the public safety arena, tribal
governments have responsibilities as a regulated entity, an enforcement agent, a generator of
various waste streams, and a provider of quality services to the constituents they serve. Pollution
prevention can help tribal governments efficiently and effectively meet the regulatory
requirements associated with public safety operations, provide value added services, and protect
their community from chemical emergencies. The three primary functions associated with
public safety are emergency planning, fire protection and emergency response, and police
protection. The opportunities for pollution prevention within these three primary functions can
best be realized by examining both a list of the wastes generated and the specific services
provided through each of these functions.
There are many pollution prevention opportunities associated with emergency planning. This is
true even though no significant wastes are associated with emergency planning other than any
wastes created by the clean up of a specific release.
Tribes involved in emergency planning and response can promote and use pollution prevention
as a tool to better manage the risks in their communities by working with facilities to reduce and
eliminate the chemicals posing the risk. Through EPCRA, tribes and communities are provided
valuable information regarding the presence, quantities, and release of chemicals in their
environment. This information can be used to identify prevention priorities and establish a basis
for tribes, tribal members, and EPA to target and approach specific facilities.
Top Pollution Prevention Opportunities
" Encourage facilities which are required to develop risk management plans to consider
pollution prevention strategies to reduce the type and quantity of chemicals stored on-site to
avoid this EPCRA and CAA regulation;
• Establish a tribal pollution prevention task force to investigate ways to access federal
pollution prevention resources to address chemical concerns and priorities;
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• Incorporate pollution prevention requirements into Right-to-Know and other tribal laws;
and
• Sponsor and/or co-sponsor pollution prevention workshops and other educational events
for industrial facilities.
Pollution prevention opportunities associated with fire prevention and emergency response
include limiting the use and generation of waste. Fire protection services usually involve vehicle
and equipment maintenance activities similar to those associated with public works and other
tribal government operations. For specific guidance regarding pollution prevention opportunities
for vehicle/equipment maintenance operations, please refer to Section 3.12.4.
Top Pollution Prevention Opportunities
K Incorporate pollution prevention strategies through training and response protocols that
will minimize the waste generated and long-term environmental impacts associated with the
response incident without compromising human health and property;
B Incorporate strategies within emergency and fire response protocols and responder training
courses to maximize the containment of spilled materials and contaminated fire suppression
run-off and to prevent migration to waterways, sewers, and permeable surfaces;
• Incorporate the use of reusable absorbent booms and pads for materials containment to
replace clay and other absorbent materials that can only be used once. Reusable booms and
pads can provide the opportunity to recover a percentage of the material released and
significantly reduce the amount of waste generated;
• Consider the use of halon-free suppression materials where appropriate and develop a
specific protocol for using halon suppressants only for situations where a suitable
alternative is not available;
* Review training exercises and other drill activities for opportunities to substitute less
hazardous and non-hazardous materials, and incorporate water reuse and conservation
measures where and when the effectiveness of the training is not compromised; and
« Promote site-specific pollution prevention strategies through fire code inspections and
enforcement activities.
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Many activities related to police protection can produce waste, including photoprocessing wastes
(fixers, developers, film cleaners, etc.), vehicle maintenance wastes, gun cleaning wastes
(solvents, rags), shooting range wastes (spent casings, lead slugs, lead dust emissions), batteries,
and office paper and other solid wastes.
Top Pollution Prevention Opportunities
» Consider the use of digital cameras to eliminate and/or reduce the need for
photoprocessing;
B Recycle photo waste; most liquid photoprocessing wastes can be recycled through a large
commercial photoprocessing company or metals reclaimer;
* Consider the use of ceramic or other non-lead bullets for training where the effectiveness
of the training is not compromised. Where alternatives to lead bullets are not suitable, the
use of traps and other devices should be employed at both indoor and outdoor shooting
ranges to capture bullets and bullet fragments for recycling; and
* Recycle office paper, cardboard, and other significant solid waste streams.
3.4 HEALTHCARE
EPA's Profile of the Healthcare Industry
[http://www.hercenter.org/links/1 and the
Healthcare Environmental Resource Center Web site
[http: /./' w vvw.hercenter.orgl provide detailed
compliance and pollution prevention information on
the healthcare sector. Tribes may also want to obtain
information from the Indian Health Service Web site
[http: / / w w w. ihs. go v /1.
Tribes, the federal government (i.e., the Indian
Health Service), and a variety of public and
private parties operate hospitals and healthcare
facilities in Indian country to support the
healthcare needs of tribal communities and
tribal members. These operations include
small hospitals, clinics, physician and dentist
offices, diabetes centers, home-based care,
alternative medicine, nutritional counseling, pharmacies, dental and orthodontic care, substance
abuse treatment, mental health counseling, and preventive care. These operations also include
ambulatory healthcare services, nursing and residential care facilities, and social assistance.
Many healthcare activities also result in the generation of waste and air or water pollution.
Healthcare operations can contribute to the presence of mercury, dioxin, and other persistent,
bioaccumulative toxics (PBTs) in the environment. Healthcare operations also generate a wide
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variety of hazardous waste, such as chemotherapy and antineoplastic chemicals, mercury,
solvents, formaldehyde, photographic chemicals, radionuclides, and waste anesthetic gases. In
addition, healthcare providers produce tons of solid waste and may also own or operate
hospital/medical/infectious waste incinerators (HMIW1), underground storage tanks,
aboveground storage tanks, boilers, air conditioners, motor vehicle fleets, and engage in other
activities associated with construction and property management. Pesticides, including but not
limited to disinfectants, are also used in healthcare facilities.
Producing an exhaustive list of every healthcare activity that impacts the environment or is
regulated would be extremely cumbersome and ultimately would distract the focus from those
functions within the healthcare industry that create problem wastes and pollution. That said,
EPA's Profile of the Healthcare Industry identifies key functions and activities that are the major
sources of waste and pollution within health sector institutions.
After identifying environmental impacts by activity, healthcare facilities can begin to address the
major waste streams and emission sources. Healthcare wastes can be categorized as follows:
m Municipal solid waste. The majority of healthcare wastes are produced under
circumstances identical to restaurants and food industry facilities, hotels, and office
complexes. The industry generates large volumes of solid waste (much of which could be
sub-categorized as recyclable waste). A special subcategory of municipal solid waste to be
considered is construction and demolition (C&D) debris.
m Biohazardous waste. Regulated under the Medical Waste Tracking Act of 1988, this
healthcare waste can potentially harbor and transmit infectious diseases. This includes a
wide range of materials that are considered contaminated or that pose special risks.
" Hazardous waste. To be considered hazardous waste under RCRA, waste must either be
listed or characteristic. Listed wastes are specifically named in 40 CFR Part 261.
Characteristic wastes are ignitable, reactive, corrosive, or toxic.
There are some special waste streams that fall most logically under
the heading of "hazardous" because of their unique nature and the
risks inherent in each of them. The Profile of the Healthcare
Industry refers to them as pharmaceutical waste, commingled waste
(e.g., commingled "biohazardous," chemical waste or mixed
radioactive waste, and commingled nonhazardous and hazardous
wastes), pressurized containers and ignitable compressed gas, and universal waste. In some
cases, each of these "specia'." wastes is RCRA listed or RCRA characteristic wastes, and
disposal should follow the RCRA hazardous waste requirements.
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• Air emissions. At hospitals, air emissions come from boilers, air conditioning and
refrigeration, HMIWI (if on site), asbestos, paint booths, ethylene oxide sterilization units,
emergency generators, anesthesia, laboratory chemicals, and laboratory fume hoods.
HMIWI are used by hospitals, healthcare facilities, and commercial waste disposal
companies to burn hospital waste and/or medical/infectious waste. When burned, hospital
waste and medical/infectious waste may emit various air pollutants, including hydrochloric
acid, dioxin/furan, and toxic metals (i.e., lead, cadmium, mercury).
In each case, healthcare providers may be subject to multiple federal and tribal environmental
laws and regulations. Potentially applicable federal laws include: the CAA, CWA, EPCRA, and
RCRA. Tribal governments should obtain EPA's Profile of the Healthcare Industry and review
a variety of Tribal Profile sections, including those on Construction/Property Maintenance, Solid
Waste Management, and Pesticides Management to better assess their regulatory requirements.
3.4.1 HOSPITALS, HEALTHCARE WORKERS AND EMERGENCY RESPONSE
Hospitals are vital to the success of any. emergency response plan. Ambulance crews and
emergency room personnel must know how to transport and treat victims of exposure to
hazardous chemicals. Without such knowledge, victims of chemical accidents can contaminate
emergency rooms and cause hospitals to close temporarily.
Doctors, nurses, and trained medical professionals can be a valuable resource in emergency
planning and response. They can also be an
important source of information about risks to the
public health in their communities. Some of the ways
they can participate in emergency planning include:
B Volunteering to be a health professional
representative on the LEPC, or offering to assist
the LEPC in its work;
• Participating in programs to train medical
personnel to deal with emergencies involving chemical hazards; and
• Screening information submitted under EPCRA to determine if any acute or chronic health
effects may be associated with hazardous substances on the reservation.
In a more general sense, health professionals may be approached to provide and interpret
information on chemicals and their impacts on patients. The law allows health professionals to
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gain access to chemical identity information, even if it is claimed as trade secret, in three
different situations:
* If the chemical identity is needed for the diagnosis and treatment of an exposed person;
8 If a medical emergency exists in which the chemical identity is needed to aid in diagnosis
or treatment; and
• If a health professional who is a tribal government employee requests a chemical's identity
to conduct preventive research studies and to render medical treatment.
Except for medical emergencies, a written statement of need and a confidentiality agreement
must accompany a health professional's request for a chemical's identity.
3.4.2 POLLUTION PREVENTION AND HEALTHCARE
Within the healthcare industry, numerous opportunities exist to prevent pollution. By
implementing well-planned polluiion prevention strategies, facilities can improve efficiencies,
save money, minimize adverse environmental impacts, and create a healthier workplace.
Opportunities vary from facility to facility and relate to the volumes and types of activities. The
Profile of the Healthcare Industry and the Healthcare Environmental Resource Center Web site
[lilin;i'/w^:^jBUi^i]i^rj[irg] provide an understanding of some of the most common pollution
prevention opportunities available and highlight some examples of strategies by waste type.
The Healthcare Profile provides pollution prevention information on the following key topics:
Environmental Management Systems
(EMS) and EPA's "Healthcare Guide to
Pollution Prevention Implementation
through Environmental Management
Systems," is a comprehensive resource for
understanding and developing an EMS
specific to a healthcare facility. This
document is available at the EPA Region 2
Compliance Healthcare Web site
[http:V\v wxv.epa.gov; region()2/he;iUhci»u'].
Purchasing/Product Substitution/Source Reduction opportunities exist in many areas
within healthcare operations. Environmentally preferable purchasing (EPP) can reduce the
waste generated at a facility. The Sustainable Hospitals project is, among other things,
designed to support the healthcare industry select products and work practices that reduce
occupational and environmental hazards.
Web sites with resource information for source
reduction include the Hospitals for a Healthy
Environment (H2E) site [h ttp: / / ww w.h2e-
online.org/1 and the Sustainable Hospitals project
site [http://www.sustainabtehospitals.org/cgi-
bin/DB_lndex.cgil. H2E is designed to help
healthcare facilities enhance work place safety,
reduce waste and waste disposal costs and become
better environmental stewards; and neighbors.
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• Process changes are intentional modifications of activities that reduce pollution and there
are abundant opportunities for this in healthcare operations. Some process changes with
environmental benefits also have other benefits, such as cost containment or improved
service or product quality. Examples of healthcare process changes include switching to
digital imaging for radiology processing (reduces silver waste outputs) and improving
waste segregation systems (reduces biohazardous waste outputs, increases the likelihood
that wastes can be collected and handled in the most appropriate and cost-effective fashion,
separating solid waste outputs and recyclable waste outputs).
* Recycling opportunities are widespread throughout most healthcare facilities. Waste
volumes can dramatically be reduced if systems are in place to capture recyclable materials
such as cardboard, paper, glass and aluminum beverage containers, scrap metals, wood
waste, kitchen grease, and selected plastics. Opportunities also exist for reducing
hazardous waste through recycling initiatives.
The treatments chosen to address health issues also can have environmental impacts and less
toxic treatments, where appropriate, can prevent pollution. For example, pharmaceutical use of
lindane-containing products was banned in California because residues from these products were
contaminating drinking water. Because lindane can be toxic to the brain and other parts of the
nervous system, the Centers for Disease Control and Food and Drug Administration permit the
use of lindane-containing products for treatment of head lice and scabies with caution and only
when treatment with safer alternatives has failed.
3.5 TRIBAL GOVERNMENT ENTERPRISES
Tribal government enterprises allow tribes to foster economic development while simultaneously
maintaining control over the enterprises' impacts on the environment, natural resources, and
tribal cultural values. Tribal enterprises provide much of the financial resources needed to
manage day-to-day government operations as well as a full governmental infrastructure. Tribes
around the country operate numerous facilities, such as schools, medical facilities, utility
departments, businesses, factories, and other revenue producing ventures. Some tribes
encourage economic development and have micro-loan organizations that provide assistance to
tribal members who have business plans intended to contribute to Indian country's growing self-
sustainability. The popularity of the gaming industry has provided the capital necessary to
attempt other forms of economic development, and many tribes have been quite successful.
Additionally, revenue sharing with non-gaming tribes has provided start-up costs and matching
funds for smaller tribes that do not have casinos.
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3.5.1 FORESTRY
Profile of Tribal Government Operations
Many tribal governments with forests on their reservation are responsible for regulating forestry
operations and related activities. In other cases,
forests are the responsibility of tribal members, non-
tribal members, and the federal land management
agencies, including the U.S. Forest Service
(Department of Agriculture) and the Bureau of Land
Management and the National Park Service
(Department of the Interior). Regardless of regulatory
responsibility, forests often contain areas of spiritual
or religious value, medicinal or ceremonial plants,
archaeological sites, and areas of traditional hunting, fishing and gathering use, as well as areas
of scenic and aesthetic value.
Where tribes are responsible for regulating forest uses, tribes can meet their political, spiritual,
social, and economic needs concurrently through sustainable forestry management - the use of
forests in a way and at a rate that maintains their productivity, biodiversity, regeneration
capacity, and potential to fulfill relevant ecological, economic, and social functions. For more
information on sustainable forest management, visit the U.S. Forest Service Web site
[hiirii/M^Jklkd^::]- As an economic incentive to encourage sustainable forest management,
tribal forestry operations might consider certifying their management practices through one of
several independent organizations [http:/ \vw\v.fs.fed.iis/sustained'links.ht.m-l.]. A case study on a tribal
sustainable forest management program is found at the Forest Stewardship Council's news and
media site [hjtpji/ww^ and an example of sustainable forest management
is Menominee Tribal Enterprises "The Forest Keepers": The Menominee Forest-Based
Sustainable Development Tradition [Iittt7;^vv3yv\-.epa.gov.''ecopage/upland.''meiiominee/forestkeepers,pdf].
For specific information, see "Forestry Production Industry: Operations, Impacts, and Pollution
Prevention Opportunities" in The Profile of the Agricultural Crop Production Industry at EPA's
Profile of the Agricultural Crop Production Industry Web site
[http:;VwvvAv.epa.^oV'/CQiiipliance-'resouix'es/piiblications/assistancc/sectors/notebooks/crop.html].
Forestry activities can contribute to nonpoint source pollution and water quality degradation
through erosion, removal of streamside vegetation, destruction of habitat, and the use of
pesticides and nutrients, primarily commercial fertilizers. Additional information about these
issues is found in Section 3.7.1, Surface Water Protection and in Section 3.10. Pesticide
Management.
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3.5.2 GAMING
Profile of Tribal Government Operations
Gaming is a form of economic development that has provided income for tribes and job growth
on certain Indian reservations. Some tribes currently conduct a range of gaming enterprises,
including bingo, horse and dog racing, and casinos. The Indian Gaming Regulatory Act of 1988
(IGRA) regulates gaming on Indian reservations. Under IGRA, tribes must have a gaming board
that creates rules and regulations, reports to the federal government, and conducts the
background checks necessary to make sure the tribe's casino is in compliance with federal
standards. Additionally, IGRA provides standards for compacting with state governments for
gaming enterprises, and sets the appropriate taxation rates for individual gaming revenue.
Finally, the IGRA requires, in part, "the construction and maintenance of the gaming operation,
and the operation of that gaming [be] conducted in a manner that adequately protects the
environment and the public health and safety."
The National Indian Gaining Commision Web Site
provides information on gaming activities on
Indian lands. See NIGC website at
The IGRA created the National Indian Gaming
Commission (NIGC), an independent federal
regulatory agency, with responsibility for
regulating gaming activities on Indian
reservations. Among its other responsibilities,
NIGC is authorized to conduct investigations; undertake enforcement actions, including the
issuance of notices of violation, assessment of civil fines, and/or issuance of closure orders;
conduct background investigations; conduct audits; and review and approve tribal gaming
ordinances. IGRA also provides the NIGC the responsibility for overseeing gaming operations
conducted by tribes.
Gaming revenues are allocated by tribal governments for many different uses within several
major use categories. Many tribes put the revenue back into the tribe's infrastructure and build
administration offices, healthcare facilities, housing, and recreation sites. Other tribes distribute
gaming revenue to their members directly through a "per capita" allotment process or on an "as
needed" basis to members who apply. Gaming revenue proceeds are also used to encourage the
development of other tribal business ventures. For some tribes, the proceeds make up a
substantial portion of annual tribal revenue.
Gaming enterprises do not typically have any unique potential to impact the environment;
instead, gaming operations have the potential to impact the environment in much the same way
as other similar buildings - during the building construction phase and through building
operations, including dealing with stormwater and other drainage issues, and air quality impacts
associated with motor vehicle traffic and boiler operations. See Section 3.6 (Construction/
Property Management) for common environmental impacts and applicable regulations associated
with building construction and operation.
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3,5.3 AGRICULTURE
Tribes engage in a wide array of agricultural
operations. These operations include raising
animals and growing fruits and vegetables for
sale, as well as overseeing animal farms,
medicinal herb gardens, and the production and
collection of rare indigenous flora, such as blue
corn and wild rice. The environmental impacts, and relevant regulations, of agricultural
operations are the subject of separate EPA Sector Notebooks providing resources and other
compliance assistance tools, which can be found at the EPA's Compliance Assistance
Agriculture Sector site [liJiii^^wjv^e}^!^
EPA's Compliance Assistance Agriculture Sector
site
[http://www.cpa.tzov/compliance/assistance/sectors/
agriculture.html] provides information on
environmental impacts, relevant regulations, and
other compliance assistance tools.
Agricultural operations are subject to the requirements of many federal environmental statues.
Under the CWA, there are five program areas that potentially affect agricultural operations,
including point source discharges, storm water discharges, nonpoint source pollution, wetland
regulation, and sludge management. The Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) has a significant impact on the day-to-day operations of may agricultural operations.
Other relevant statutes pertaining to the agriculture sector include RCRA, CERCLA, EPCRA,
CAA, Toxic Substances Control Act (TSCA), and Coastal Zone Management Act (CZMA).
Agricultural operations should review the information found in Section 3.6.5 (Underground
Storage Tanks), Section 3.6.6. (Aboveground Storage Tanks), Section 3.7 (Water Resource
Management) and Section 3.10 (Pesticides) of the Tribal Profile. In addition, agriculture
operations should review other relevant EPA Sector Notebooks, including The Profile of the
Agricultural Crop Industry, The Profile of the Agricultural Livestock Industry, and The Profile of
the Agriculture Chemical, Pesticide, and Fertilizer Industry. See Appendix I of the Tribal
Profile.
The following presents a brief discussion of agricultural pollutants and their environmental
impacts:
• Nutrients. Excess nutrients in water (i.e., phosphorus and nitrogen) can result in or
contribute to low levels of dissolved oxygen (anoxia), eutrophication, and toxic algal
blooms. These conditions riay be harmful to human health and ecosystems and may
adversely affect the suitability of the water for other uses.
" Sediment. Sediments affect the use of water in many ways. Suspended solids reduce the
amount of sunlight available to aquatic plants, cover fish spawning areas and food supplies,
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clog the filtering capacity of filter feeders, and clog and harm the gills offish. Turbidity
interferes with the feeding habits of fish. These effects combine to reduce fish and plant
populations and decrease the overall productivity of waters.
m Animal Wastes. Animal waste includes the fecal and urinary wastes of livestock and
poultry; process water (such as from a milking parlor); and the feed, bedding, litter, and soil
with which fecal and urinary matter and process water become intermixed. Manure and
wastewater from animal feeding operations have the potential to contribute pollutants such
as nutrients (e.g., nitrogen and phosphorus), organic matter, sediments, pathogens, heavy
metals, hormones, antibiotics, and ammonia to the environment. Decomposing organic
matter (i.e., animal waste) can reduce oxygen levels and cause fish kills.
* Salts. Salts are a product of the natural weathering process of soil and geologic material.
In soils that have poor subsurface drainage, high salt concentrations are created within the
root zone where most water extraction occurs. The accumulation of soluble and
exchangeable salts (i.e., metal compounds in the soil that can chemically change) leads to
soil dispersion (i.e., movement of soil in air and water), structure breakdown, decreased
infiltration, and possible toxicity; thus, salts often become a serious problem on irrigated
land, both for continued agricultural production and for water quality considerations. High
salt concentrations in streams can harm freshwater aquatic plants just as excess soil salinity
damages agricultural crops.
m Pesticides. The primary pollutants from pesticides are the active and inert ingredients,
diluents, and any persistent degradation products. Pesticides and their degradation products
may enter groundwater and surface water in solution, in emulsion, or bound to soils.
Pesticides may, in some instances, cause impairments to the uses of surface waters and
groundwater. Some types of pesticides are resistant to degradation and may persist and/or
accumulate in aquatic ecosystems. Pesticides may harm the environment by eliminating or
reducing populations of desirable organisms, including endangered species. See Section
3.10 (Pesticides) for more information.
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3.5.4 TOURISM
Tribes often provide the public the opportunity to visit Indian reservations. Tourist enterprises
include indoor recreation facilities - casinos, hotels, spas - and outdoor recreation facilities and
activities - ski resorts, golf courses, and expeditions. While there are no potential environmental
impacts or regulations that are unique to tourist enterprises, these activities have the potential to
impact the environment in similar ways to corresponding non-tourist enterprises. See Section
3.6 (specifically, the subsections on buildings (3.6.3) and outdoor recreation facilities (3.6.5)) for
typical environmental impacts and applicable regulations of building construction and property
management.
Tribes may want to use EPA's Environmental Enrichment for the Lodging Industry: A Toolkit
Web site [http://www.cpa.gov-scahomc/hotelsnc\v.html] to improve the day-to-day operation and
maintenance of hospitality and food service facilities. The toolkit includes approaches that can
save money, improve the quality of guest experiences, and ensure the site's sustainability as an
attraction and environmental asset.
3.5.5 FISHERIES AND SHELLFISH
Tribal governments manage fisheries and shellfish resources for economic development, and to
support cultural, subsistence, and religious activities. Tribes regulate and coordinate fishery and
shellfish management programs within the exterior boundaries of their reservation and within
specific adjudicated usual and accustomed fishing and shellfish grounds. In addition to federal
and tribal law, tribes with treaties maintain guaranteed rights to harvest fish and shellfish in the
places they had traditionally utili/:ed. Some tribes also co-manage fisheries and other natural
resources with states. In many instances tribes cooperate with federal, state, private, and public
parties to protect, restore, and enhance the productivity and diversity of the ecosystems
supporting fisheries and shellfish.
Compliance with applicable federal and tribal environmental laws, as well as effective land,
water, fish and shellfish management, is important to species survival and the maintenance of
sustainable fisheries and shellfish beds and productive hatchery operations.
Tribes often have two types of fishery activities: (1) commercial, and (2) ceremonial and
subsistence. Commercial operations are for profit - fish and shellfish are sold to buyers, who in
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turn either sell directly to the public or to other commercial entities (i.e., wholesalers, restaurants,
other distributors). Tribes collect taxes from tribal members who sell the fish or shellfish and
those taxes are returned to the tribal programs to help pay for natural resource management.
Ceremonial and subsistence fishing are intended for tribal use only. For many tribes, fish and
shellfish have a central role in tribal gatherings (e.g., naming ceremonies, funerals, honoring
elders).
Fish hatcheries produce fish for stocking in tribal and non-tribal waters. The stocks are used to
rehabilitate declining populations and to provide additional fish for commercial and ceremonial
and subsistence uses. Fish hatcheries need a steady source of water to sustain the operation and
typically consist of ponds and tanks and tanks and cages of various capacities for hatching and
rearing aquatic species. Of course, the design of each hatchery reflects a tribe's priorities, the
type offish being raised, and the fish's life cycles.
The water used to raise fish in hatcheries is returned into the stream or river from which it
originated. This "wastewater" discharge, that has been in contact with cultured fish and contains
hatchery fish wastes, can create a number of environmental problems. As a discharge to
navigable waters of the United States, CWA NPDES permits are required generally with EPA or
tribes issuing permits for discharges in Indian country and states generally issuing permits for
discharges outside Indian country. EPA's NPDES program Web site [liLUiiiidil«li^
provides information concerning NPDES permits.
Hatchery waste products can include: uneaten food, fish carcasses, fish feces, nutrients
(especially phosphorus), algae and benthic macrophytes, parasites, disease organisms, drugs and
other chemicals. Solid and liquid pollutants are byproducts of raising fish in high densities
within a confined facility. Although both fish and their wastes occur naturally in free-flowing
systems, the unnaturally high concentrations of such wastes from fish raised in a concentrated
setting can pose environmental problems. When flushed into waterways, the solids can settle
beneath or downstream of the facility. These solids increase the turbidity and nutrient
concentrations in streams and may decrease dissolved oxygen. The rich nutrient concentrations
of phosphates and nitrates encourage the explosive growth of algae and benthic macrophytes.
The growth of algae and benthic macrophytes changes the habitat and consumes oxygen in the
water that other fish and plants need to survive.
Chemicals and pharmaceutical drugs used to treat fish for parasites, as well as other drugs and
chemicals used in aquaculrure, also flow into downstream waters. The use of settling ponds
greatly reduces or eliminates water quality concerns, and is an integral part of any tribal hatchery
operation. Settling ponds are vacuumed before the water is released back into the water body;
vacuumed waste is then disposed of in a landfill.
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3.5.6 FUEL MANAGEMENT AND GASOLINE STATIONS
Tribes are often responsible for fuel management. Fuels managed include: gasoline, diesel fuel,
fuel oil, and, in some cases heavier grades of oils. Fuel management operations include tank and
pipeline management, management of runoff and environmental controls, and management of
tank filling and refueling operations. Some of the wastes commonly generated in fueling
operations, include tank bottom water, tank bottom sludges, spent solvents, and waste petroleum
products.
Both aboveground and underground storage tanks (AST and UST) are found at tank farms.
Tanks typically are constructed of steel or fiberglass-reinforced plastic.
One of the major concerns of fuel management is associated with runoff from rainwater and
other environmental controls. Care should be taken in the design of fuel management areas to
minimize the potential that runoff from "dirty" areas (those areas where fuel is managed) will
make its way to areas where fuel is not managed. Clean runoff is discharged directly to
stormwater systems. Runoff from fuel management areas generally should be discharged to
treatment units, where fuel and olher contaminants can be removed before the runoff is
discharged to the storm water system. The treatment units may be as simple as gravity-based oil-
water separators, or they may be extensive treatment systems designed to salvage the fuel for
reuse. Increasingly, environmental controls are being installed to treat other wastes generated
from tank farm operations, such £.s tank bottoms.
Detailed information on USTs and ASTs, including the applicable federal regulations and
pollution prevention opportunities is found at Sections 3.6.5 and 3.6.6.
3.6 CONSTRUCTION/PROPERTY MANAGEMENT
Tribal governments may be responsible for
constructing and maintaining roads, buildings,
bridges, tunnels, treatment plants, and landfills,
as well as for renovating and demolishing
buildings. Construction and maintenance
activities, which typically involve planning,
coordination, and oversight by the tribal
government, are essential to the infrastructure for transportation, administration, public services
and housing. See Exhibit 3-2. Because many roadways, waterways and easements cross from
EPA's Compliance Assistance Construction Sector
Web site
[ http: /./ vv vv w .epa .go v / compliance/ assistance / sect
ors/construction.htm 11 provides up-to-date
information on the construction sector. Appendix
G and H of this Profile provide information on
green building cost savings and successes.
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reservation land to federal, state, and local land, tribes have also entered into intergovernmental
agreements that allocate responsibility for construction and maintenance.
Exhibit 3-2. Construction and Maintenance
CONSTRUCTION AND MAINTENANCE
Roads, Bridges,
and Tunnels
i
r
New
Construction
1
i
Maintenance
and Renovation
i
r
Traffic
Management
1
t
New
Construction
i
r
Maintenance
and Repair
\ '
Renovation
and Demolition
3.6.1 FUNDAMENTAL ENVIRONMENTAL SSUES OF CONSTRUCTION MANAGEMENT
It is important for tribes to engage in a dialogue with all parties involved in a construction project
to ensure that the applicable environmental requirements are met. EPA's Managing Your
Environmental Responsibilities: A Planning Guide for Construction and Development (MYER
Guide) [hltp:-\VAVW.epa.gov/coiTipllance/a'soiirccs/publicatioiis'assistaiice/sectors/constructmyer.htinl] provides
a list of questions to help owners and contractors assign who is responsible for ensuring
compliance with federal environmental regulations. The MYER Guide also contains self-audit
checklists that will help tribes and construction companies evaluate their compliance status once
a project is commenced. Finally, the MYER Guide can be used to facilitate compliance at the
pre-bid, pre-construction, and construction phases of a project.
Key issues discussed in the MYER Guide are:
K Stormwater permits;
" Dredge and fill wetlands (CWA Section 404) permit requirements;
» Oil spill prevention requirements;
« Hazardous and non-hazardous solid waste requirements;
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" Hazardous substances (Supsrfund liability) requirements;
» Polychlorinated Biphenyl (PCB) waste requirements;
s Air quality requirements;
• Asbestos requirements; and
m Endangered Species Act (ESA) requirements.
When planning and designing a construction project, tribes should consider applying "green
design" principles and apply an environmental management system (EMS). That is, the tribal
government should evaluate the environmental aspects and impacts of the project and establish
procedures to minimize the impacts. EPA's EMS Web site [http://wwvv.epa.gov/ems/index.htm]
provides comprehensive information about processes and practices. Green design resources are
available at EPA's Green Building Web site [http:.//w ww.epa.gov/grecnbuilding/], the Homes Across
America Web site [http://www.hom-s-across-arnerica.org/], and the U.S. Green Building Council Web
site [lrttn:/'/www.us"bc.ora/].
L -———f-—-— — —&~~—. is?-- J
In many cases, tribal governments hire contractors to assist or manage some operations, such as
construction operations, tank monitoring or well sampling, solid waste disposal, or vehicle
maintenance. Tribal governments should include reporting or monitoring methods directly in
contract agreements to ensure that contractor operations comply with all federal and tribal
regulations.
It is important to note that administrative activities can also affect the severity of environmental
impacts, as well as the relevant regulatory burdens, related to the construction and maintenance
of tribal government facilities and housing units.
Tribal governments use land use planning and community development planning to determine
the uses of their land. Once a tribe makes a zoning decision the land cannot be used for another
purpose unless it is first rezoned by the tribal government.
Land use planning and zoning activities do not themselves create environmental effects. Rather,
it is the results of these activities - the actual land use - that cause environmental impacts. Land
use choices often determine whether natural resources are enhanced, conserved or depleted.
Land used for residential, commercial, or industrial purposes can affect air, land, and water
resources. Of course, abandoned sites that are restored can revitalize an area and reduce
environmental risks as the site is cleaned up. By carefully considering the environmental
impacts prior to making zoning decisions, the tribal government can either prepare for the impact
of those decisions (i.e., concurrently construct stormwater catch basins while allowing
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construction of a new parking lot) or make adjustments to ensure adequate protections are in
place.
Tribal governments may also directly |«——i™*f^^^
0 EPA's National Environmental Policy Act Web site
coordinate their efforts with EPA and other
[http://ww vv.epa.gov/Compliance/nepa/index.htnil1
has information on NEPA, including definitions,
information on impact statements, and details on how
the EPA complies with NEPA.
federal agencies in order to comply with
federal statutes and regulations. When
federal dollars are used to build on tribal trust
lands or a federal permit is required for the
project, the federal agency providing the funds or permit may need to assess the potential
environmental impacts of the proposed project under the National Environmental Policy Act
(NEPA). Using the agency's NEPA implementing regulations, the responsible federal agency
generally may ask the tribe to cooperate in this process and, if more than one agency is providing
the funds or another agency needs to issue a permit, the other agencies may also be asked to
cooperate with the NEPA assessment process. An environmental impact statement may be
required in order to assess project impacts that significantly affect the quality of the human
environment.
The NEPA assessment, which may be necessary when a tribal government's construction project
uses federal funds or requires a federal permit, may involve such issues as water quality or
quantity, wetlands, air quality, land use, threatened or endangered species, potential impacts to
sacred sites and items of cultural patrimony, and traditional hunting, fishing, and gathering
rights. The NEPA process includes consideration of the applicability of other environmental
laws and federal executive orders so that, as appropriate, they are incorporated into the NEPA
review process as early as possible. Examples of applicable laws may include the ESA, the
National Historic Preservation Act (NHPA), and the National Native American Graves
Protection and Repatriation Act (NGPRA).
For certain construction projects, impacts on receiving .waters may be regulated under the CWA
and may require the tribal government to obtain a permit for certain discharges which may
include controls on discharge quantities or other control measures, including stormwater runoff
controls. Air and noise impacts may be regulated under the CAA. The above impacts may also
be regulated by tribal laws.
In the case of land use, tribes are generally exempt from state and local regulatory authority for
lands owned in trust. However, tribes often make efforts to meet with the planning and zoning
boards of surrounding state and local jurisdictions. This enables tribal planners to ensure that the
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tribe will meet its needs, while simultaneously taking into account the objectives of the
surrounding jurisdictions. Tribal government coordination with state and local governments may
also be necessary if construction and maintenance activities affect their respective interests and
responsibilities.
3.6.2 STORMWATER - APPLICATION TO CONSTRUCTION ACTIVITIES
Stormwater runoff from construction activities can significantly
impact water quality. As stormwater flows over a construction
site, it picks up sediment, debris, chemicals, and other
pollutants. Polluted stormwater runoff can harm or kill fish and
other wildlife and impact drinking water sources.
Sedimentation can destroy aquatic habitat and high volumes of
runoff can cause stream bank erosion.
EPA's Stormwater Discharge for Construction
Activities Web site
fhtip:/,/!£pa.gov/ripdes/st.oiTmvatcr/'const] has
more information to address construction issues.
The NPDES Stormwater program requires
operators of construction sites one acre or larger
(including smaller sites that are part of a larger
common plan of development) to obtain
authorization to discharge stormwater under a
NPDES construction stormwater permit. Tribal governments must apply for a construction
stormwater permit if they meet either of the two parts of the stormwater regulation definition of
"operator." This means a tribal government should apply for permit coverage if the tribal
government has operational control over either:
* The construction plans and specifications, including the ability to make modifications to
those plans and specifications (e.g., owner or developer of project); or
» Day-to-day operational control of those activities at a project which are necessary to ensure
compliance with a stormwater pollution prevention plan for the site or other permit
conditions (e.g., general contractor).
The development and implementation of stormwater pollution prevention plans is the focus of
NPDES stormwater permits for regulated construction activities.
EPA remains the permitting authority for most land in Indian country. For construction (and
other land disturbing activities) in areas where EPA is the permitting authority, operators must
meet the applicable requirements of the national EPA Construction General Permit (CGP); tribes
in EPA Region 4 are covered by a region-specific construction permit. The CGP outlines a set of
provisions construction operators must follow in order to comply with the applicable
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requirements of the NPDES stormwater regulations. The CGP covers any site one acre and
above, including smaller sites that are part of a larger common plan of development or sale, and
replaces and updates previous EPA permits. Tribes with questions about stormwater
requirements or permits may contact the Notice of Intent Processing Center at (866) 352-7755
for questions about filing by mail. Easy and fast online filing is available at the NPDES
Electronic Stormwater Notice of Intent (eNOl) Web site
3.6.3 BUILDINGS AND CONSTRUCTION
The Construction Industry Compliance
Assistance Center Web site
[htrp://www.cicacenter.org/1 provides plain
language explanations of environmental rules for
the construction industry.
Tribal government activities related to buildings
include constructing new schools, public
housing, administrative facilities, and other
government buildings, maintaining and repairing
those buildings, renovating old buildings, and
demolishing unusable buildings. Because these
activities could affect the environment, they may be subject to environmental laws and
regulations, as indicated in the following list:
8 New construction - CWA, ESA, Rivers and Harbors Act, CAA, and NEPA
• Maintenance and repair - CWA, RCRA, CAA, EPCRA, CERCLA, TSCA, F1FRA, and the
Safe Drinking Water Act (SDWA)
» Renovation and demolition - RCRA, CAA, and TSCA
See, Appendix H for information on the Economic Benefits of Building Green and Appendix G
for Pollution Prevention Success Stories.
The construction of new buildings involves several
activities, including clearing land, building the
structure, and disposing of construction materials.
Clearing Land for Construction. Clearing land entails
the removal of vegetation and existing structures to
prepare a site for construction. Clearing land can
impact the environment by:
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m Making it more susceptible to erosion, landslides, or floods;
» Harming aquatic resources (particularly wetlands) and endangered species; and
* Increasing the flow to storm sewer systems, leading to increased potential for downstream
flooding and increased stream bank erosion in receiving waters.
Stormwater runoff (which may contain sediment and construction waste) from new building
construction has the potential to contaminate surface waters and must be controlled under the
requirements of the NPDES stormwater program. Generally, most of the waste generated
through building construction activities is non-hazardous solid waste. The disposal of these
wastes may be regulated under a variety of federal and tribal laws. Hazardous construction
wastes are regulated under the federal RCRA hazardous waste regulations.
Additional impacts of construction activities include dust and odors from construction traffic, air
emissions, noise, and vibrations from construction equipment.
EPA's Wetlands Web site
|http://fpa.gov/'wetlands! contains information
to protect wetlands and ensure compliance with
federal laws.
New construction may directly affect wetlands if
fill material is dumped in them. Sediment from
construction sites may also negatively affect the
hydrologic capacity of wetlands. Wetland losses
may increase downstream flooding and may
impact a wide variety of aquatic and upland species. If new construction could potentially
impact aquatic areas, such as wetlands, tribal governments may need to obtain a permit before
beginning a construction project. The U.S. Army Corps of Engineers (Corps) regulates any
dredging and general construction in, over, and under navigable waters of the United States,
under Section 10 of the Rivers and Harbors Act. The Corps also regulates the discharge of
dredged and fill material into waters of the United States, which include wetlands. The
discharge of dredge and fill material into wetlands is regulated under Section 404 of the CWA
and may require a permit. In addition, controlling construction site discharges (particularly
stormwater runoff) is regulated under the stormwater provisions of EPA's NPDES permitting
program, as well as local erosion and sediment control programs.
Endangered Species Act
The ESA provides protection for federally
listed, threatened, and endangered species
of plants, animals, and their habitats.
Tribal governments may need to directly
coordinate construction issues with EPA
Endangered species are plants and animals that, without
special protection and management, are in danger of
becoming extinct. Threatened species are likely to become
endangered in the foreseeable future Go to die U.S. Fish
and Wildlife Service Endangered Species Web site
[http:/ / www.fws.gov/endangered/1 for more
information.
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and other federal agencies in order to comply with federal statutes and regulations, including
ESA and NEPA. Section 3.6.1.2 contains information on inter-governmental coordination
issues.
Construction Waste Disposal
Most of the waste generated through construction activities is non-hazardous solid waste.
Typical wastes generated at construction sites include concrete, steel, wood, rubber, asphalt, soil,
and organic matter (i.e., tree stumps). The disposal of these wastes may be regulated under a
variety of federal and tribal laws. Hazardous construction wastes are regulated under the federal
RCRA hazardous waste regulations. Some tribal governments have regulations regarding the
disposal of non-hazardous construction and demolition debris at special construction waste
landfills. These tribes may allow debris, such as uncontaminated concrete and asphalt, to be
used as fill material.
Much non-hazardous construction and demolition materials from new construction (as well as
renovation of roads, bridges, and buildings) can be recovered and recycled. EPA's Construction
and Demolition (C&D) Debris Web site [hty^iwww^
provides more information. Also see Appendix E for additional resources.
Tribal governments may be responsible for activities related to the operation, maintenance, and
repair of buildings, including addressing indoor air quality issues, operating boilers and cooling
systems, applying pesticides.
Indoor Air Quality-Lead Paint
The use of lead-based paint was banned in
, rv-n . 111 j • • -11 f j EPA's Lead Awareness Program Web site
1978; however, lead-based paint is still round ,
[http://wvvw.epa.gOV/lead/l is a comprehensive
in many older buildings and homes. When
doors and windows are opened and closed, or
painted stairs are walked upon, small
amounts of lead paint dust can be released
and then settle on room surfaces. Young children are particurly susceptible to the health effects
of lead poisioning and pregnant women poisoned by lead can transfer lead to a developing fetus,
resulting in adverse developmental effects. Since dust is continually released, damp mopping
and dusting can help reduce dust accumulation and facilitate removal. Doors, windows, stairs,
and other surfaces with lead-based paint that chip create more obvious problems. Vacuuming an
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source of information on EPA's Lead in Paint,
Dust, and Soil Program. It includes educational
materials and a toll-free hotline.
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area can remove lead-based paint chips but can also distribute lead dust unless a high efficiency
particle accumulator (HEPA) vacuum is used. Lead dust may also be present in the soil around
buildings or houses. Routine maintenance of buildings and homes - painting, plumbing or
electrical work, or heating duct work, and carpet removal - can also disrupt surfaces painted with
lead-based paint. While ground covering can minimize the disruption of the dust, doormats
should be provided to wipe the dust in soil from shoes. These are "interim controls" that tribal
governments can use to help reduce exposures to lead dust.
A number of options exist for tribal governments to address lead-based paint issues. Tribal
governments can replace windows, doors, or other surfaces painted with lead-based paint.
During maintenance, fugitive dust can be reduced and contained by covering the area with
polyethylene plastic sheeting and properly disposing of the sheeting after the work is completed.
In addition, the work area should be kept wet or moist to reduce dust. Of course, workers and
residents should be notified prior to any work in lead paint areas. Notification will allow
residents to stay away from the building while work is conducted. Workers should wear proper
personal protective equipment while conducting the work. Lead paint abatement must be
conducted by persons trained and certified, and they must follow the specific work practice
standards specified in TSCA 402 rules (40 CFR Section 745.227).
Prior to conducting remodeling o: renovation in a building with lead paint, tribal governments
should review the EPA brochure entitled Reducing Lead Hazards When Remodeling Your Home
(EPA-747-K-91-007), available through the National Lead Information Center ((800) 424-
LEAD/5323) and also online from EPA's Office of Pollution Prevention and Toxics
[hiip://vs'wvv.epa.gov'lead/pubs;n-painpl-.pdi']. See section 3.6.3.3 for additional information on lead
paint.
Indoor Air Quality - Mold
Exposure to mold can cause a variety of health effects and symptoms, including allergies. The
key to mold control is moisture control. Fix sources of moisture problems and maintain indoor
humidity below 60% relative humidity, ideally 30 to 50%. Mold problems can be hidden behind
walls or in air ducts. Mold may require remediation. EPA's Indoor Air Mold Web site
[http://ww\v.epa.gov/mold] provides useful information on mold growth and cleanup options.
Indoor Air Quality - Radon
Over the past 40 to 50 years, exposure to
indoor air pollutants (i.e., radon) has
increased, in part because of the construction
EPA's A Citizen's Guide to Radon Web site
[http://WWH.epa.gov/'iaq/radon/pubs/citgiiide.htmll
offers material on testing, effects, more information.
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of more tightly sealed buildings, the reduction in ventilation rates (intended to save energy), the
use of synthetic building materials and furnishings, and the use of chemically formulated
personal care products, pesticides, and housekeeping supplies. Common effects of indoor air
quality problems on occupants include headache, fatigue, shortness of breath, sinus congestion,
coughing and sneezing, eye, nose, throat, and skin irritation, dizziness, and nausea.
Radon is one particular indoor air pollutant of concern associated with this issue. Radon levels
can vary from structure to structure. The average indoor radon level is estimated to be about 1.3
picocuries per liter (pCi/L), and about 0.4 pCi/L of radon is normally detected in the outside air.
The United States Congress has set a long-term goal for indoor radon levels to be no more than
outdoor levels. While this goal is not yet technologically achievable in all cases, levels in most
structures today can be reduced to no more than 2 pCi/L. EPA recommends followup radon
testing or mitigation in buildings with levels of 4 or more pCi/L.
The federal government, as well as most tribal governments, do not have regulations or
established enforcement capabilities regarding indoor air quality in buildings, including schools.
Accordingly, at this time, tribal governments are not required to enforce any federal standards for
acceptable radon levels in commercial or residential buildings, including schools. However,
tribes may pass regulations recommending radon mitigation to owners of buildings.
Additionally, for some schools, financial or technical assistance may be available from EPA,
BIA, and OSHA.
Boiler Operations
Tribal governments operate boilers to produce steam or electricity to heat government buildings
or other buildings on the reservation, including casinos. Boiler operations include storing fuels
and boiler chemicals, operating the boiler, maintaining the boiler, and disposing of residuals
from fuel burning. Storing fuels and chemicals can affect the environment through spills that
have the potential to reach groundwater or surface waters. Operating boilers may impact the
environment through air emissions from fuel burning. Coal ash from fuel burning can
contaminate waterways if it contains heavy metals or other toxics and is not disposed of in a
manner that prevents it from coming in contact with waterways or rain water.
The storage of liquid boiler fuel (e.g., heating oil) may be regulated under the Spill Prevention,
Control, and Countermeasures (SPCC) program of the CWA, which requires the preparation and
implementation of SPCC Plans to ensure that containment and other countermeasures are in
place to prevent oil spills that could reach navigable waters. In this context, SPPC Plans are
required for facilities with an aggregate aboveground storage capacity greater than 1,320 gallons
or a completely buried storage capacity greater than 42,000 gallons. The storage of chemicals
may be regulated under EPCRA or Section 112(r) of the CAA (risk management plans), which
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requires the development of emergency plans and reporting based on the quantity of chemicals
stored. See Section 3.10.3.1.
Coal combustion byproducts (CCBs) may be either disposed of or put to beneficial use. When
considered as a waste, CCBs are exempt from federal regulation as hazardous waste. For more
information, see EPA's Fossil Fuels Combustion Waste page of the Special Wastes site
[htip;//epa.g(iyZe.paQswer/other/fossil/index.htiti]. Significant environmental benefits may be derived
from the beneficial use of CCBs, particularly in the use of coal fly ash as a substitute for cement
in the manufacture of concrere. There are many other beneficial uses for coal combustion
products, including wallboard, road base, embankments, flowable fill, structural fill, snow and
ice removal, and paint. EPA's Coal Combustion Products Partnership Web site
[http://www.epa.gov/c2p2/] provides more information. Air emissions from the boiler may be
regulated under the CAA, which may require the tribal government to obtain a permit and meet
emissions standards depending on the heat output of the boiler and date of boiler construction.
Cooling Systems
Tribal governments operate cooling systems to maintain temperature and to store food in
government buildings. Cooling systems contain refrigerants, such as chlorofluorocarbons
(CFCs) or ammonia. If released, CFCs harm the environment by depleting the stratospheric
ozone layer. The CAA requires maintenance of cooling systems to be conducted by certified
personnel who are using certified equipment and following specified guidelines for reclaiming
CFCs. The storage and use of ammonia may require reporting under EPCRA or CAA Section
Landscaping
With proper design, landscapes can add value to the local environment. During the design phase,
careful consideration should be given to plant selection. For example, native plants can reduce
the need for extensive pesticides and watering because they are locally adjusted to the pests and
climactic conditions of the region. Landscaping during construction can reduce polluted runoff
from construction sites. By installing vegetative buffers along water bodies arid seeding dirt
piles, construction runoff into lakes and streams is greatly reduced. Proper maintenance calls for
reduced levels of pesticides and fertilizers and appropriate irrigation. Toxic quantities of
chemicals from pesticides and fertilizers can seep into groundwater and leaching into waterways.
Overuse of these chemicals is often complicated by over watering. Best management practices
should be consulted for proper application of pesticides and fertilizers and strategies for efficient
water use. EPA's GreenScapes Web site [http://www.epa.gov/epaoswer/iion-liw/green/] provides more
information.
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Pesticide Applications
Building maintenance may entail the application of pesticides to eliminate unwanted pests, such
as insects, rodents, and weeds. Frequently used pesticides include
herbicides, insecticides, fungicides, and rodenticides. Pesticides are
also used in landscaping for aesthetic purposes. Improper pesticide
application can harm human health, causing respiratory and skin
infections, and even death. In addition, improper pesticide
application can destroy flora and fauna, and contaminate
groundwater and surface water supplies through infiltration and
runoff. Section 3.10 describes pesticide management activities.
The renovation and demolition of buildings can impact the environment as materials trapped
within the building structure are released to the environment. For example, the removal and
disposal of asbestos and lead paint can significantly affect both human health and the
environment. Renovation and demolition can also produce a large and varied waste stream -
Construction and Demolition (C&D) debris that includes concrete, asphalt, wood, drywall
(sheetrock, gypsum, or plaster), and asphalt shingles. C&D debris is also generated during
construction of roads and other public works projects.
Asbestos
Go to the EPA's Asbestos Web site
[http://www.epa.gov/asbestos/] provides
more information and links to other useful
sites.
Buildings owned by tribal governments may
contain asbestos or asbestos-containing materials
(ACM). Buildings constructed in the 1960s are
more likely to have asbestos-containing sprayed-
or troweled-on friable (asbestos that can be
reduced to dust by hand pressure) materials than other buildings. EPA banned the use of
asbestos-containing materials in the 1970s.
Used for insulation and as a fire retardant, asbestos and ACMs are still found in a variety of
building construction materials, including pipe and furnace insulation materials, asbestos
shingles, millboard, textured painted and other coating materials, and floor tiles. When
undamaged asbestos is encapsulated (sealed with coating materials), asbestos fibers do not
adversely affect impact human health or the environment. During renovation or demolition,
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however, asbestos fibers may be released. If inhaled or ingested, these fibers can cause
respiratory damage.
Asbestos is recognized as a major environmental/public health concern to schools. If a tribal
government owns or operates a school building constructed or insulated with asbestos,
particularly if renovations or demolitions occur that release fibers, then indoor air quality can be
impaired and people can suffer severe respiratory and other health problems.
Under the Asbestos Hazard Emergency Response Act (AHERA), EPA established a
comprehensive regulatory framework, within which tribal governments would inspect, manage,
plan, and conduct operations and maintenance (O&M) activities and appropriate abatement
responses, in order to control ACM in schools. This framework also applies to BIA and other
school operators.
Some tribal governments are in the process of developing comprehensive asbestos management/
control programs and/or abatement contractor certification programs. In addition, EPA's
National Emission Standard for Hazardous Air Pollutants (NESHAP) for asbestos regulates
asbestos emissions during building demolition or renovation and the transport and disposal of
asbestos waste. School building owners - tribes, BIA, and others - are supposed to inspect
school buildings for friable and nonfriable asbestos materials. Inspection activities include
reviewing building records, inspecting and sampling materials, and mapping the locations of
confirmed or suspected asbestos.
Lead-Based Paint
Lead-based paint is typically found on the interiors and exteriors of buildings constructed prior to
1978. During renovation and demolition, paint removal has the potential to impact human health
and the environment as fibers, dust, and paint chips are released. Paint chips and dust can cause
indoor air contamination during renovation, and soil contamination from demolition or improper
disposal. Assessment of lead-based paint hazards and removal of lead-based paint is regulated
under TSCA. Disposal of building materials contaminated by lead-based paint is regulated under
RCRA.
Demolition of buildings can cause significant levels of fugitive lead dust emissions. It is
therefore very important to control and minimize airborne lead dust during building demolition.
Suggestions on reducing lead hazards from demolition activities can be found in the EPA
brochure entitled Reducing Lead Hazards When Remodeling Your Home, available through the
National Lead Information Center at (800) 424-LEAD/5323. Tribal governments should contact
EPA to discuss how to dispose of lead wastes, such as painted wallboard, doors and doorframes,
windows, and similar materials.
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Tribal governments that are uncertain about lead hazards in tribal houses or buildings, including
decommissioned military housing, should contact the Office of Lead Hazard Control in the
Department of Housing and Urban Development (HUD) at 888-LEADLIST ((888) 532-3547).
HUD can provide tribal governments with a list of trained lead inspectors who can help
determine the presence and extent of lead.
Construction and Demolition Debris
The Construction Industry Compliance Assistance Center Web
site [http://'ivww.cicacent.er.org/1 provides plain language
explanations of environmental rules for the construction
industry. EPA's RCRA in Focus: Construction, Demolition, and
Renovation
[http://vvww .epa.gov/epaoswer/liazvvaste/id/infocus/rif-
cifed.pdf) provides information on RCRA and construction,
demolition, renovation and the solid and hazardous waste
regulations that may apply.
Municipal solid waste landfills are
subject to EPA landfill criteria, while
tribal governments mostly regulate
C&D landfills. EPA's RCRA
regulations (i.e., the Conditionally
Exempt Small Quantity Generators
Rule (CESQGs), June 1996),
however, do prohibit hazardous waste
from being dumped in C&D landfills
unless those landfills meet certain standards. As indicated above, building materials containing
lead and asbestos are also regulated by EPA.
C&D debris is not federally regulated, except to the extent that solid waste landfills must follow
a few basic standards outlined in RCRA Subtitle D and 40 CFR Part 257. Tribes, therefore, have
the primary role in defining and regulating the management of C&D debris in Indian country.
Depending on a tribe's specific definition, C&D debris can include the following discarded
materials:
Concrete, cinder blocks, drywall (sheetrock gypsum, or plaster), masonry, asphalt and
wood shingles, slate, and plaster;
Forming and framing lumber;
Steel, stainless steel, pipes, rebar, flashing, aluminum,
copper, and brass, residential and commercial steel
framing, structural steel, steel utility poles;
Brick and decorative blocks;
Siding;
Doors and windows;
Plumbing fixtures;
Electrical wiring;
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• Non-asbestos insulation; and
• Wood, sawdust, brush, trees, stumps, earth, fill, and rock and granular materials.
Much non-hazardous construction and demolition materials can be recovered and recycled.
EPA's C&D Debris Web site [htip:.;./wwvv.cpa.go\-.'cpa()swcr.'non-hw/dcbris-ncvv/indcx.him] provides more
information. Also see Appendix E for additional resources.
C&D debris that meets the legal definition of hazardous waste is required to be treated and/or
disposed of in a manner consistent with the federal requirements for hazardous, waste and any
other tribal waste requirements. Examples of hazardous waste in C&D debris wastes can
include:
18 Waste paints, varnish, solvents, sealers, thinners,
resins, roofing cement, adhesives, machinery
lubricants, and caulk;
R Drums and containers that once contained the
items listed above;
K Treated wood, including lumber, posts, ties, or
decks, and utility poles;
• Asbestos-containing items, such as certain older
types of floor tile, insulation, or other materials containing asbestos;
" Lead-based paint, or lead flashing or solder;
B Products containing mercury; and
K Other items that have inseparable hazardous constituents.
Most construction, demolition, and renovation companies - regardless of ownership are
considered CESQGs. CESQGs must comply with three basic federal waste management
requirements to remain exempt from the full hazardous waste regulations that apply to generators
of larger quantities of hazardous waste (Small Quantity Generators (SQGs) and LQGs)):
* Identify all hazardous waste generated on site. The relevant test procedures are described
in an EPA document, Test Methods for the Evaluation of Solid Waste, Physical/Chemical
Methods, SW-846 [http:/'/www.epa.gov;s\v-846/sw846.hti-n]. Tribal environmental departments
can also use their knowledge of the waste to identify hazardous waste; for example, you
might know that the spent solvent you are disposing of is an ignitable hazardous waste, and
therefore, you would not have to test for the solvent's flashpoint.
• Do not store more than 2,200 Ibs (1,000 kg) of hazardous waste on site at any time.
« Ensure delivery of your hazardous waste to an offsite treatment or disposal facility that is:
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* A federally regulated hazardous waste management treatment, storage, or disposal facility.
» A facility permitted, licensed, or registered by EPA or a state to manage municipal or
industrial solid waste.
» A facility that uses, reuses, or legitimately recycles the waste (or treats the waste prior to use,
reuse, or recycling). A "universal waste" handler or destination facility is subject to the
universal waste requirements of 40 CFR Part 273. (Universal wastes include certain batteries,
recalled and collected pesticides, mercury-containing thermostats, and mercury-containing
fluorescent bulbs).
Note that tribes can seek to require CESQGs to obtain an EPA identification number and comply
with certain storage standards. For more information refer to EPA's 40 CFR Parts 260 to 279
Web site [http: ;/ww\v.epa.gov/ep;joswer/hazwaste
3.6.4 ROADS/BRIDGES/TUNNELS
Tribal government activities related to roads, bridges, and tunnels include planning new
construction, maintenance of existing infrastructure, and traffic management. Because these
activities could affect the environment, they may be subject to federal environmental laws and
regulations, as indicated in the following non-exhaustive list:
E New construction - CWA, ESA, Rivers and Harbors Act, CAA, NEPA, RCRA, NAGPRA,
NHPA, Marine Mammals Protection Act (MMPA), and the Migratory Bird Treaty Act
(MBTA), among other statutes;
® Maintenance and renovation RCRA, CAA, and CWA; and
m Traffic maintenance and roads - CAA and CWA, including the general nonpoint
storm water runoff provisions.
Tribal governments should also be aware of the potentially applicable federal laws designed to
protect worker health and safety, including the Occupational Safety and Health Act. These laws,
including the Occupational Safety and Health Act, are implemented by the Occupational Safety
and Health Administration (OSHA), within the Department of Health and Human Services. See
www.OSHA.gov.
"''/%:/?£''i-_ • . ^J ' .. ..»,.. "'*-*;>,, ;.>*''*"" %1
Construction of new roads, bridges, or tunnels generally involves clearing land, constructing the
new structure, and disposing of construction waste. The impacts and regulations of these
activities are similar to those discussed previously in Section 3.6.3 for buildings.
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Maintenance and renovation of reads, bridges, or tunnels may include street sweeping, snow
removal, removal and disposal of lead-based paint, and maintenance of storm sewers. Aspects of
these activities may be regulated under the CAA, CWA, RCRA, and tribal solid waste disposal
requirements.
Street Sweeping
Tribal governments may sweep streets or require others to do so as a condition of a contract,
permit, or intergovernmental agreement. Street sweeping involves using mechanical sweepers to
remove dirt, grit, and solids from road surfaces. Street sweeping reduces the concentration of
pollutants in storm water runoff arid improves street appearance.
Maintenance of Storm Sewers
Tribal governments may be required to maintain storm sewers as a condition in a contract, permit
or intergovernmental agreement. Maintenance of storm sewers may include catch basin
cleaning, litter removal from storm channels, and maintenance of stormwater detention facilities.
Catch basin cleaning and litter removal from channels protect against street flooding and remove
potential pollutants from stormwater. Stormwater detention facilities and other pollutant
removal structures, such as sand filters and oil and grit separators, also require frequent
maintenance. Disposal of materials generated during cleaning may be regulated under tribal
solid waste disposal requirements.
Snow Removal
To maintain road safety in the winter, tribal governments may apply salt and abrasives (e.g.,
sand) and remove snow. Heavy applications of salts and abrasives may be necessary at busy
intersections and steep hills. These activities can degrade water quality by increasing
sedimentation and salinity in surrounding water bodies. If applied frequently or improperly, salt
may leach into the groundwater and contaminate drinking water supplies.
To prevent such contamination, snow removal activities may be regulated under a tribal law.
The code may require designation of sensitive areas (i.e., near public water supply facilities or
locations with high levels of groundwater recharge) where pollution prevention practices must be
followed. Some of these practices include prohibiting the dumping of heavily treated snow
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directly into water bodies or in or around drinking water supplies or landfills, proper operation of
salt storage facilities to reduce potential salt-contaminated runoff, and use of alternative de-icing
materials (i.e., calcium magnesium acetate).
Removal and Disposal of Lead-Based Paint
Lead-based paint is typically removed from bridges by sandblasting or abrasive blasting prior to
refurbishing and repainting. Sandblasting/abrasive blasting removes the existing paint with high
velocity sand or synthetic particles. This process could contaminate the air with lead dust, and
soil and water during disposal or spills of lead-contaminated sand/abrasive and paint chips.
Where possible, blasting should take place in such a way as to contain and or prevent releases of
lead-contaminated materials to the environment. RCRA and TSCA regulate the disposal of
materials contaminated with lead-based paint. Prevention of lead dust releases may be regulated
by the CAA. Lead-based paint is also discussed in the context of building operations and repair,
Sections 3.6.3 and 3.6.4, respectively.
Traffic management includes designing roads and bridges, access points, and traffic signals, and
it affects the environment by impacting motor vehicle
emissions. Increased access points to major roads generally
lead to more traffic, while new traffic signals often lead to
increase emissions from engine idling.
The Federal Highways Administration (FHWA) within the
Department of Transportation and the B1A provide
information to tribes developing traffic management plans.
When developed, each traffic management plan would
conform to a CAA Tribal Implementation Plan (TIP) or
Federal Implementation Plan (FIP) applicable to the tribe's
reservation. The TIP or FIP will account for the air pollution associated with the tribe's traffic
management actions.
FHWA's Transportation Planning Procedures and Guidelines Web site
[http://www,fhwa.dot.gov/t1lvreports/mdian;intro.htm - toe] provides guidance for tribes and BIA to use
when addressing transportation issues and this document meets the intent of the Federal Lands
Highways Program (23 USC 204), the Indian Self-Determination and Education Assistance Act,
(25 USC. 450), the Roads of the BIA (25 CFR Part 170, and the Indian Reservation Roads
Program Stewardship Plan. The document, rather than utilizing predetermined criteria that may
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not be applicable to tribal needs, provides a basis for developing goals and strategies that will
lead to good decisionmaking.
3.6.5 UNDERGROUND STORAGE TANKS
An underground storage tank (UST) system is a tank, and
any underground piping connected to the tank, that has at
least 10 percent of its combined volume underground. The
federal UST regulations apply only to UST systems storing
either petroleum or certain hazardous substances.
The EPA's Underground Storage
Tank (UST) Web site
[http://\wv vv.epa.gov/uiistl
provides additional material on
USTs.
Until the mid-1980s, most USTs were made of bare steel, which is likely to corrode over time
and allow UST contents to leak into the environment. Faulty installation or inadequate operating
and maintenance procedures also can cause USTs to release their contents into the environment.
The greatest potential hazard fron a leaking UST is that petroleum or another hazardous
substance can seep into the soil and contaminate groundwater, the source of drinking water for
nearly half of all Americans. A leaking UST can present other health and environmental risks,
including the potential for fire and explosion.
EPA's Detecting Releases Web site is found
at htU?.. /epa.gcvv/ustoystm/ltfakdc't.htm
And SPCC program found at
h Up: / / epa.gov / oil/ spec, h tm.
Subtitle 1 of RCRA contains technical and financial
requirements for USTs storing petroleum or certain
hazardous substances. The technical requirements are
designed to reduce the chance of releases from USTs,
quickly detect releases when they do occur, and cleanup releases promptly. Tribal governments
with USTs are required to have:
• Upgraded all USTs to protect against corrosion, spills and overfills;
* Replaced outdated USTs with new USTs that have corrosion, spill and overfill protection;
or
K Properly close all USTs by notifying EPA at least 30 days before closure, conducting any
necessary site assessment arid remedial action, having the tank emptied and cleaned safely,
and either removing the tank or leaving it buried but filled with an inactive solid (i.e., sand).
In addition, tribal governments with USTs must demonstrate they are financially capable of
cleaning up releases and compensating third parties for resulting damages. See
http://epa.gov/svverustl/ustsvstra1ineresp.him
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A tribe with a leaking UST is responsible for ensuring that the release is cleaned up, to restore
and protect groundwater resources, and to create a safe environment for those who live or work
near the site. Cleanup is essential because petroleum releases can contain contaminants like
methyl tertiary butyl ether (MTBE) that can make water unsafe or unpleasant to drink. Releases
can also result in fire and explosion hazards, as well as cause long-term health effects. Often the
specific characteristics of the site (its type of soil, proximity to groundwater) make it a better
candidate for a particular type of cleanup method. A contaminated site will need a site
characterization (also referred to as a "site assessment") that can help professionals choose the
best cleanup method. Professional cleanup contractors base their decisions on site-specific
investigations and with local environmental agency approval. In some cases, state or federal
regulators take the lead at a contaminated UST site and will make all the cleanup decisions.
For leaking USTs on tribal lands that are not owned by a tribe or that the tribe involuntarily came
into possession of, the tribe may be able to receive federal cleanup assistance from EPA. In
certain specific cases, EPA may be able to utilize the Leaking Underground Storage Tank Trust
Fund for tanks that present a threat to human health and/or the environment. To determine if it is
eligible for such assistance, the tribe should contact the EPA Regional underground storage tank
people listed in Appendix A.
3.6.6 ABOVEGROUND STORAGE TANKS
Aboveground storage tanks (AST) are tanks or other
containers that are above ground, partially buried,
EPA's SPCC Web site
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Plan must be maintained at the facility if the facility is normally attended for at least four hours
per day. Otherwise, the SPCC Plan must be kept at the nearest field office. The SPCC Plan must
be available to EPA for on-site review and inspection during normal working hours.
Each SPCC Plan, while unique to the facility it covers, must include certain elements, as outlined
in the rule. To ensure that facilities comply with the spill prevention regulations, EPA regional
staff may conduct on-site facility inspections. During an inspection, inspectors may ask to
review the SPCC Plan and conduct a walk-through inspection of the facility to ensure that the
facility has implemented spill prevention and response measures. In addition, EPA may
interview facility personnel on the SPCC Plans and their role in implementing it. Additionally,
regulated facilities are required to submit certain information to EPA after experiencing two or
more discharges (over 42 gallons) of oil in any 12-month period or a single oil discharge of more
than 1,000 gallons. These requirements are in addition to discharge notifications required under
other regulations.
Tribes with ASTs should keep in mind that oil-containing ASTs can increase the risk of fire and
hazards resulting from damage caused by vehicles or vandals. The SPCC rule contains
provisions requiring certain security and safety features to avoid vandalism, accidents involving
vehicles, and tank overfills. Tribes may additionally seek to regulate ASTs through a
combination of construction, installation, operation, and maintenance requirements that are
intended to prevent fires and other hazards that stem from mismanaged or substandard ASTs.
3.6.7 OUTDOOR RECREATION FACILITIES (INCLUDING STADIUMS AND GOLF COURSES)
Tribal governments construct anc maintain outdoor recreation facilities, including swimming
pools, playing fields, and stadiums. Because these activities could
affect the environment, they may be subject to environmental laws and
regulations, as indicated in the following list:
m New construction - CWA, RCRA, ESA, Rivers and Harbors
Act, CAA, NEPA, and NAGPRA, NHPA, MMPA, and the
MBTA among other statutes;
B Maintenance and renovation - CWA, RCRA, EPCRA,
CERCLA, CAA, TSCA, and FIFRA.
New construction of swimming pools, playing fields, golf courses, and stadiums has many of the
same impacts as constructing buildings, roads, bridges, and tunnels. New construction involves
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clearing and grading land, landscaping, and building the structure. Section 3.6.4.1 describes
these impacts and the associated regulations.
Facility maintenance and renovation are performed on playing fields and golf courses, stadium
buildings (including wastewater treatment plants), and swimming pools.
Playing Field and Golf Course Maintenance
Playing field and golf course maintenance may involve numerous
activities, including mowing, irrigating (watering), fertilizing,
resodding, applying pesticides, applying biosolids, spreading
lime, and maintaining vehicles.
Tribal governments may conduct each of these activities to keep
their playing fields in good condition for their designated use.
Mowing is typically done by gasoline-powered mowers that can
pollute the air with particulates, volatile organic compounds
(VOCs), and noise. While mowing activities are generally exempt from EPA regulations, the
engines of the mowers themselves are required to meet federal specifications designed to reduce
emissions. EPA's first set of emission standards for small engines typically used in lawn and
garden applications took effect in 1997. A second set of more stringent emission standards took
effect in 2001 and is currently being phased in through 2007. EPA has estimated that these
standards will reduce hydrocarbon emissions from these sources by over 70 percent from
unregulated levels.
Activities such as irrigating, fertilizing, and applying pesticides and biosolids may affect the
environment through spray drift, infiltration, or runoff, which may contaminate local waterways
or cause soil erosion. If playing field irrigation leads to a direct discharge (i.e., water is drained
to a pipe that leads to a surface water or a stormwater system), the discharge may be regulated
under the NPDES program in the CWA. If the discharge drains to a municipal sewer system, the
discharge may be regulated under the pretreatment program in the CWA. Tribes that apply
biosolids may establish levels of concentration that are acceptable for application. Tribes that
fertilize their playing fields and golf courses with biosolids from a municipal wastewater
treatment plant must comply with the biosolids management section of the CWA. Pesticide use,
including storage and disposal, is regulated under F1FRA. Section 3.9.2.6 provides additional
information on regulations concerning the application of biosolids while Section 3.10 provides
additional information on pesticides and fertilizers.
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Maintaining vehicles and equipment used for playing field and golf course care may be regulated
under several environmental laws. Section 3.12 describes these activities in detail, and the
applicable laws and regulations.
Maintaining Stadium Buildings
Maintenance of stadium buildings includes many of the activities related to maintenance of other
buildings that are described in this section. In addition to
operating boilers and cooling systems, maintenance of stadium
buildings may include operating a wastewater treatment plant
during stadium events; operating a large electrical system that
includes capacitors and transformers; storing and using cleaning
chemicals; sanding and salting, as well as removing snow from
stadium parking lots; and managing non-hazardous waste
streams, including food wastes.
Stadiums in Indian country are growing in popularity and may accommodate horse and dog
racing, concerts, and sports attractions. Larger stadiums may have their own wastewater
treatment plants to accommodate a relatively large number of users during stadium events.
Operation of a stadium wastewater treatment plant has the potential to affect the environment (air
and water) in the same manner as a municipal wastewater treatment plant, which is described in
Section 3.9. Discharges from wastewater treatment plants are regulated under the CWA.
Stadiums that hold evening events often have extensive lighting and public address systems that
require capacitors and transformers to assure the necessary electrical current. Stadiums may also
have diesel fuel-fired generators for auxiliary power. Capacitors and transformers that contain
PCB oils are regulated under TSCA, which may require the labeling of PCB-containing
equipment. The storage of oils, as well as spills of PCB oils and oils without PCBs, including
diesel fuel, may be regulated undsr the SPCC provisions of the CWA, depending on the total
volume of oil stored at the stadium.
Maintaining stadium parking lots may involve applying salt or sand to lots or removing snow.
Each of these activities may be regulated under the CWA. Stadiums use chemicals for cleaning
all aspects of the stadium, including restrooms, food service areas, and seating areas. The
storage and use of these chemicals may be regulated under the CAA, EPCRA and CERCLA.
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Maintaining Swimming Pools
Profile of Tribal Government Operations
Tribal governments may operate outdoor recreation facilities that include swimming pools.
Swimming pool maintenance involves treating pool water through filtration and the addition of
chemicals. The use and storage of pool chemicals may be regulated under EPCRA, and the
disposal of unused or spilled pool chemicals may be regulated under RCRA. The drainage and
disposal of pool water by subsurface infiltration may be regulated under SDWA.
3.6.8 VEHICLE AND EQUIPMENT MAINTENANCE
Tribal governments with vehicles associated with property construction and property
management activities should review Section 3.12.
3.6.9 POLLUTION PREVENTION IN CONSTRUCTION AND MAINTENANCE
The Construction Industry Compliance Assistance
Website [http://v\'vv\v.cicacenter,org/'1 provides
information on pollution prevention in
construction and maintenance.
Tribal governments may be responsible for
construction and maintenance activities.
Included in this category is the construction and
maintenance of roads, bridges and tunnels, the
construction, maintenance, renovation and demolition of structures. In some cases, these
activities are conducted through contractual arrangements. A simple building/construction cycle
includes the following activities:
« Pre-construction;
K Construction; and
m Maintenance and repair.
Pollution prevention begins long before the first nail is driven. Tribal governments can conduct
a baseline analysis of institutional issues that may affect pollution prevention/green building
construction and maintenance policy implementation. Areas to examine include procurement
policies, zoning, building codes and standards, operations and maintenance policies, and
recycling policies. Throughout the construction and maintenance process, opportunities exist for
implementing pollution prevention.
Pre-construction activities involve the preparation of a site for future development. During this
phase existing vegetation and structures may be removed, creating demolition waste including
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asbestos, mercury, PCB, lead based paints, and dust. Other pre-construction impacts include
increased potential for storm water runoff and possible negative impacts on aquatic resources
and habitat.
Construction activities may involve grading, drilling, and filling. These activities generally do
not generate substantial hazardous waste but may result in habitat loss through erosion,
sedimentation, and disruption of the natural environment. Building construction and
maintenance activities generate wastes from paints, thinners, grease, resins and sealers, glues,
cleaners, hydraulic oils, paint remover/stripper, soiled rags, and solder, as well as a host of solid
wastes including paper, plastic, scrap lumber, insulation, metals, gypsum, and roofing materials.
Maintenance and repair activities involve the removal and replacement of worn or damaged
surfaces, structural members and lubricating or cooling fluids. This could result in the
generation of hazardous wastes such as lead based paint or asbestos, cleaning fluids, used
lubricating oil, and cooling system fluids.
Construction and Demolition (C&D)
A major opportunity in the C&D industry is the recovery and reuse of materials. C&D recovery
and reuse is important because a large fraction of the debris ends up in municipal solid waste
landfills or in special C&D landfills, which may have the potential to contaminate groundwater.
Also, each year, there is less land available for waste disposal.
Areas to examine include the type of demolition process selected, labor costs, reuse, recycling,
contracting constraints, project schedules, material storage space, and marketability of materials.
By reducing the amount of C&D debris that is thrown away, tribes also reduce their regulatory
burden by avoiding the disposal of items that could be considered hazardous waste.
The key to reducing the amount of C&D debris is to make material recovery a part of the
planning and contracting process, and make waste management and recovery plans part of the
contractual scope-of-work. Recovery levels could be made an explicit criteria in the awarding of
contracts. Prevailing labor rates and local market conditions will need to be considered since
labor costs are viewed as the single most important barrier to increasing C&D materials
recovery.
A tribe's permit department could consider connecting permit authorization with material
recovery efforts. Educational outreach programs, including workshops, Web sites and
informational packets, represent another method for encouraging greater participation in C&D
material recovery programs.
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Adopt and implement a policy to encourage the use of green practices in building design,
construction, and operation.
Use "first-in, first-out" materials management.
Segregate waste streams.
Reduce risks of spills by controlling access to storage
areas and routinely inspecting containers.
Recycle used cleaning, lubricating, or cooling fluid.
Use water-based paints and coatings to minimize the use of petroleum-based solvents and
the hazardous air emissions associated with such solvents.
Avoid unnecessary grading and removal of vegetative cover to minimize road runoff into
surface water.
Use waterborne or thermoplastic traffic paint.
Consider deconstruction and reuse of existing buildings rather than demolition.
Utilize deconstruction, or the selective disassembly of buildings, to facilitate the re-use or
recycling of valuable materials.
Use high efficiency lighting and electronic ballasts to illuminate roadways and tunnels, and
install occupancy sensors to control lighting fixtures.
Design for water conservation. Group plants with similar water needs together so they can
be irrigated together and water will not be wasted on plants that do not need it. Proper
watering reduces stress on plants and allow their natural resistance to withstand pest attacks
without the need for pesticides.
Employ Environmental Landscape Management (ELM). ELM is a common-sense
approach that starts with healthy growing space. Select pest resistant plants, use sound
planning techniques, and correctly manage the established landscape. Choose plants
according to soil characteristics (pH level, moisture retention), rainfall, and sunlight
conditions. Use more native plant species and reduce the use of exotics.
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3.7 WATER RESOURCES MANAGEMENT
Water resources include surface waters (i.e.,
coastal bays, lakes, rivers, and streams) and
groundwater. These water resources may be
used for drinking water, industrial processes,
agriculture, and irrigation. Water resources
also provide opportunities for recreation,
such as fishing, boating and swimming.
Tribes also use water resources to support and maintain traditional cultural practices and
ceremonies.
EPA's Water Web site
[http:/ / vvvv\v .epa.gov/OVV / index,html] provides
access to all EPA's water quality issues including
groundwater, drinking water, water science,
wastewater management, wetlands, oceans, and
watersheds.
For each of these uses, tribal governments are one of many governmental entities - tribal, state,
and federal - that may be responsible for ensuring that the water is safe and available in
sufficient quantities for its intended purpose. Activities related to water resources management
include protecting and managing surface waters (including reservoirs) and protecting
groundwater. Water resources management programs protect these waters from direct
wastewater discharges and problems caused by urban and agricultural runoff. Among the most
important ecosystems in terms of watershed protection are wetlands, which filter pollutants,
afford protection from floods, and are home to a wide diversity of plants and animals. Also
important are estuaries, which seive as both birthplace and nursery for many species offish and
shellfish. Today, the majority of watersheds in the United States have water quality problems,
including excess nutrient loading and the presence of pathogens and toxic chemicals; these
problems have led to habitat loss, invasive species incursion, fish kills, and can present public
health threats.
Tribes have a dual role in the area of water resources management. They may develop separate
water quality programs and/or seek to implement federal programs like the CWA. To date,
however, most tribes do not exercise federal program authority under the CWA. Where tribes
have not received authorization to implement federal programs under the CWA, EPA directly
implements programs in Indian country.
In their other role, some tribal governments may be responsible for managing the water resources
within their borders as part of their efforts to meet requirements in their NPDES permits for
municipal wastewater treatment plants, municipal stormwater runoff, or combined sewer
overflow (CSO) controls. While many water resource management activities will overlap these
permit requirements, tribal governments may elect to develop water resources management
programs whether or not they are required by regulation.
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3.7.1 SURFACE WATER PROTECTION
The EPA's Watershed Web site
[http://vvww.epa.gOV/ovvovy./vvatershed/1
provides for information on protecting surface
waters and watersheds.
Surface water problems are complex and may vary
from region to region. Tribes are beginning
to protect and restore watersheds using a variety of
methods, including: establishing tribal water
quality standards; monitoring on-reservation
waters, and in some cases up-stream or other off-reservation waters, to assess water quality;
identifying water quality impairment; determining necessary pollution reductions; and taking
steps to protect and restore water quality through tribal authorities.
The C WA provides the basis of federal programs
to protect surface water quality, which tribes are
also eligible to seek to implement. Tribes may use
a watershed approach, which is a management
framework that focuses public and private efforts
on addressing high priority problems within
hydrologically defined geographic areas and
considers both ground and surface water flow.
Water quality standards are the
cornerstone of the nation's surface water
protection program and are integral to
implementing the water quality
framework of the CWA. The water
quality standards program is authorized
under Section 303(c) of the CWA (33
USC 1313(c)), and implemented through
40CFRPart 131.
The EPA's Water Quality Standards Web site
[http://www.epa.gov/vvaterscience/'standards/tribal/]
provides material on water quality standards. View "Our
Water Our Future: Saving Our Tribal Life Forces Together,"
[http://wwvv.cpa.gov/vvaterscience/tribes/vidcoreal.htm],
which documents the Pueblo of Acoma and the
Confederated Tribes of the Chehalis Reservation efforts to
develop water quality standards.
Under the CWA, water quality standards serve two primary purposes. First, they define the
water quality goals for a water body. Second, they serve as the regulatory basis for controls
beyond technology-based levels of treatment required by Sections 301 and 306 of the CWA.
Generally, water quality standards provide a means to attain the goals of the CWA.
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Water quality standards consist of three components:
B Uses of the water body (such as boating, swimming, fishing, cultural, or traditional);
• Water quality criteria (limits on pollutants and conditions that will protect the designated
use); and
* An antidegradation policy (governing changes in water quality).
EPA-approved water quality standards may be adopted for all surface waters of the United
States, including lakes, rivers, streams, intermittent streams, natural ponds, estuaries, near-shore
coastal waters and wetlands. For tribes, two of the requirements for applying to administer the
water quality standards warrant particular emphasis. First, tribes must demonstrate that they
have the technical capability to administer the program or provide a plan showing how the tribe
will get such capability. Second, tribes must demonstrate that they have jurisdiction over the
affected water resources; this demonstration, among other things, involves delineating tribal
authority for areas inside of a reservation's boundary.
Information on water quality standards and criteria for waters in Indian country is available at
EPA's Web site Tribes: Water Quality Standards and Criteria
[htip://wwvv.epa.g()V;/waierscience/iribes/']. This Web site provides information on the development of
sound, scientifically defensible standards, criteria, advisories, limitations and standards
guidelines under the CWA and SDWA.
Ambient monitoring means observing or
. , „ _ . EPA's Monitoring and Assessing Water
measuring selected features of an aquatic ,_ ,. ,., , .
0 n Quality Web site
[http: / / w w w .epa.gov / o wow / monitoring/1
provides material on EPA's water quality and
monitoring activities.
ecosystem and is essential to surface water
protection. It is performed in order to assess the
health of an aquatic ecosystem and its ability to
support human uses. Ambient monitoring is also
used to identify problems or charges early on, provide insight into the causes of problems, and
determine whether water quality goals have been achieved. Designing an effective ambient
monitoring program involves four elements:
» Determining what information is needed;
* Choosing the appropriate indicators, methods, and sites for monitoring;
» Determining the time of year, day, and frequency of the monitoring to be done; and
• Assuring the quality of the results.
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There are several methos to monitor water conditions:
" Chemical measurements monitor the chemical concentrations in water, sediments, and fish
tissue.
* Physical measurements of general conditions, such as temperature, potential of hydrogen
(pH), flow, watercolor, and the condition of stream banks and lakeshores; and
• Biological measurements of the abundance and variety of aquatic plant and animal life, and
the ability of test organisms to survive in sample water.
Monitoring can be conducted in several ways - at regular sites on a continuous basis, at selected
sites on an as-needed basis to answer specific questions, on a temporary or seasonal basis, or on
an emergency basis. Increasingly, monitoring efforts are aimed at determining the condition of
entire watersheds. This is because of increased understanding of the importance of watershed-
based management, which itself reflects the interconnectedness of all types of waterbodies and a
recognition of the impacts of land-based activities on the waters that drain the land, including
those beneath the ground.
Tribal governments have key monitoring responsibilities and may implement monitoring
programs. Pollution control decisions are based on data collected by tribes, as well as federal
and state governments and private entities. EPA provides technical assistance on how to
monitor, as well as how to report water quality monitoring findings to the federal government.
EPA also provides grants for pollution control activities, which tribes (and states) may use to
support monitoring programs.
Tribes may seek to obtain grants under Section 104 and 106 of the CWA to carry out effective
water pollution control programs. Section 106 grants may be used to fund a wide range of water
quality activities, including: water quality planning and assessments; development of water
quality standards; ambient monitoring; development of total maximum daily loads (TMDLs);
issuing permits; groundwater and wetland protection; nonpoint source control activities
(including nonpoint source assessment and management plans); and watershed assessments.
Section 104 grants may be used to focus on innovative demonstration and special projects.
Among the efforts eligible for funding are research, investigations, experiments, training,
environmental technology demonstrations, surveys, and studies related to the causes, effects,
extent and prevention of pollution. See Appendix F, Funding Resources.
3.7.2 LISTING OF IMPAIRED WATERS
The CWA requires the listing of each
currently impaired and threatened water
body, and the setting of priorities for their
US Watershed Assesment Tracking and Environmental
Results Tool, use to find impaired waters at
[http://epa.gov/naters/tTndI/expert query.htrnf|.
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cleanup; the impaired waters list is also called the 303(d) list, named after the section of the
CWA that requires it. Generally, any water body that does not meet, or is not expected to meet,
its water quality standards after application of technology-based pollution controls is considered
an impaired water body. Any water body that is not impaired but which, based on expected
changes in loadings or conditions, is considered a threatened water body.
Tribes may be involved in listing of impaired waters in one of two ways:
8 As the entity responsible for the initial listing and biannual listing update, through
authorization by EPA under the CWA.
« As a reviewer of listing decisions made by bordering tribes or states on shared water
bodies.
Tribes may apply to EPA for authority for assigning priorities and developing plans to clean up
the listed waterbodies. To date, however, no tribes have authority under the CWA to list
impaired waterbodies. Both the initial listing and the updated listing are sent to EPA. These
plans are known as TMDLs, and are discussed in Section 3.7.3. The priorities for establishing
TMDLs are based upon the severity of the pollution and the designated uses of the particular
waters. EPA recommends that the criteria for making priority decisions include the level of risk
to human health and the environment; the degree of public interest and support; the aquatic
habitat's vulnerability to pollution; and the importance of recreational, aesthetic, or economic
uses.
Tribes can influence listing decisions of neighboring states by providing information about the
health of a water body to the neighboring states and/or directly to EPA. The list of impaired
waterbodies may include waters for which water quality problems are reported by governmental
agencies, the general public, or academic institutions.
3.7.3 TOTAL MAXIMUM DAILY LOADS
EPA's Total Maximum Daily Loads
(TMDLs) Web site
fhttp://w ww.epa.gov/owow/tmdl/1
provides useful guidance information.
A TMDL specifies the maximum amount of a pollutant
that a water body can receive and still meet water quality
standards, and allocates pollutant loadings among point
and nonpoint pollutant sources. Tribes can become
involved in establishing TMDLs in three ways. First,
tribes can develop EPA-approved water quality standards and develop their own TMDLs
affecting the listed waterbodies on the reservation. Second, tribes may provide information and
become involved in the TMDL processes and decisions with states affecting shared water bodies.
Third, tribes may assist EPA in developing TMDLs for Indian country. The second and third
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ways are effective options for tribes to become familiar with the TMDL process and help ensure
their interests are represented. TMDLs are submitted to EPA for review and approval. If EPA
disapproves a TMDL, the Agency must establish TMDL within 30 days of the disapproval. The
TMDL program is found in section 303(d) of the CWA and 40 CFR Part 131.
A TMDL is the sum of the allocated pollutant loads and is set at a level necessary to implement
the applicable water quality standards; a TMDL includes:
m Wasteload allocations from point sources; and
* Load allocations from nonpoint sources and natural background conditions.
A TMDL must contain a margin of safety and a consideration of seasonal variations. In addition,
EPA encourages authorized tribes and states to identify a monitoring plan and schedule for
considering revisions to TMDLs that will be implemented over time.
3.7.4 IMPLEMENTATION OF WATERSHED (SURFACE WATER) PROTECTION PROGRAMS
EPA's Watershed Web site
[htlp://vvu vy.cpa.gov/onou / watershed/]
provides material on EPA's watershed
protection issues.
The CWA requires that any point source discharger
into surface waters obtain an NPDES permit,
including any facility discharging into waters in
Indian country. As discussed in Chapter 3.9, publicly
owned treatment plants are required to provide at
least secondary treatment for their discharged wastewater. When this level of treatment does not
protect receiving waters, additional treatment must be applied in order to meet water quality
standards.
Wastewater discharges from commercial/industrial sources may contain pollutants at levels that
could effect the quality of receiving waters. The NPDES permit program establishes specific
requirements for discharges from these sources. Depending upon the type of industrial or
commercial facility operated, more than one NPDES program may apply. For example,
stormwater run off from an industrial facility or from a construction site may require an NPDES
permit under the stormwater program. An industrial facility may also discharge wastewater to a
sewer system and be covered by the NPDES pretreatment program. Alternatively, an industrial
facility may discharge wastewater directly to a surface water and need an NPDES permit issued
by EPA.
Tribes may seek authorization from EPA to administer NPDES programs. To date, no tribes
have been authorized. However, tribes can have a role in the permitting process through the
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public participation provisions of the NPDES regulations (40 CFR Part 122). These participation
provisions enable tribes to comment during the public hearings or notice and commit
opportunities and appeal permit decisions. Many point source discharges remain undetected and
unpermirted. Tribes can visually survey the rivers and streams of their watersheds to identify
sources of pollution that are affecting their water resources. These unpermitted discharges can
be brought to EPA's and the permitting authorities attention in order to stop the discharge, or to
force the polluting facility to obtain a discharge permit and undergo a public comment period.
Best Management Practices (BMPs) may be structural EPA's National stormwater BMPs found at j
(e.g., stormwater detention/retention ponds) or [http://cpa.sov/npdcs/stomiwah^.
nonstructural (e.g., street sweeping) and may include ^^mm^mm^mm^^mmm^^'i^mm^^mmm^m^mm^J
managing existing sources or conduits of contamination, such as roads, bridges, and stormwater
systems. These activities help tribal governments protect their water supplies, comply with
stormwater permits, prevent soil erosion into water, and prevent problems associated with
agricultural runoff.
Structural BMPs are designed to prevent, inhibit, or slow the rate at which stormwater runoff or
spilled contaminants reach a body of water. BMPs, including extended retention ponds, wet
ponds, and constructed wetlands, prevent contaminants from reaching surface waters by
capturing runoff and allowing it to filter through the soil or evaporate, rather than directly
flowing to a water body. Additional filtering structures include sand filters, oil and grit
separators, and infiltration basins. Containment structures may require periodic maintenance to
remove accumulated sediment, witile filtering structures may require maintenance to remove
debris and ensure efficient operation. Each of these structures helps remove contaminants
(sediments, oils and greases, pesticides, fertilizers, debris) from rainwater and helps to protect
the surface water for its intended ase. Some structural BMPs that rely on storrnwater infiltration
may be subject to federal Underground Injection Control (UIC) regulations.
Nonstructural BMPs include various operational activities such as sweeping streets and
maintaining or preserving grassed swales, vegetative buffer areas, and wetlands. Street sweeping
protects surface waters by removing such solids as sand, debris, and litter that would otherwise
be transported to the surface water during a rain event. Street sweeping also prevents
contaminants that may be absorbed by sand and debris from reaching surface water.
Vegetative buffer areas are physically active controls designed and maintained to filter pollutants
and thereby prevent them from reaching surface waters; vegetative buffer areas are essential to
maintaining surface water quality These areas complement passive control, such as land use or
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zoning laws, which prevent activities (e.g., paving, pesticide use) that could increase surface
water contamination.
Wetlands are also used to help break down contaminants before they reach open bodies of water.
Tribal governments may actively manage marsh areas by adding new plants and removing
accumulated sediment.
Tribes may seek financial assistance from EPA and other federal agencies to assist them in
protecting their water resources. EPA provides grants to tribes for the construction of
wastewater and drinking water treatment facilities to develop a surface water protection program
targeted at controlling pollution from nonpoint sources. See Appendix F, Financial Resources.
3.7.5 RESERVOIR MANAGEMENT
Protecting reservoirs is a key component of a tribal government's surface water protection
program. Keeping reservoirs clean and free from contamination helps ensure a safe supply of
drinking water. In addition, preventing debris, sedimentation, litter, chemicals, or other
pollutants from entering a reservoir reduces the amount of treatment necessary for the water to
meet drinking water standards. While managing reservoirs includes many of the BMPs
described in Section 3.7.4.1, it also includes establishing security around the reservoir and
creating buffer zones.
Reservoir security involves controls to prevent direct litter, dumping, or inappropriate use.
Security measures may include fencing at the water line or fencing of a larger surrounding area.
Providing limited access roads or trails in the vicinity of the reservoir is another way to protect
reservoirs. While not preventing contamination, limiting access roads and trails can prevent
large-scale dumping, limiting pollution to litter or human waste. Such efforts can also enhance
the protection of cultural resources and hunting, fishing, and gathering sites.
3.7.6 SOURCE WATER (GROUNDWATER) PROTECTION
Tribal governments that provide or maintain
drinking water supplies within their boundaries
are encouraged to develop Source Water
Assessment and Protection Programs. Source
Water Assessment and Protection Programs help
enable tribes to assess possible threats to their
EPA's Source Water Protection Web site
f http: / / w w\v .epa.gov / safevvater /' protec t.html]
contains a variety of information on groundwater
and sourcewater protection to prevent drinking
water contamination.
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public drinking water supply sources and to develop protection measures to protect these sources
against those threats.
The program begins with the assessment phase:
" Mapping of source water areas around the drinking water source;
* Identifying potential contaminant sources in the mapped protection area that may impact
the drinking water supply;
m Determining the magnitude of the threat posed by the potential sources of contamination;
and
• Notifying the public of the results of the assessment.
Source water protection elements are developed and implemented based on the results of the
assessment. Typical Source Water protection elements may include:
8 Sole source aquifer designation;
« Zoning ordinances;
" Site plan reviews;
« Design standards for new construction and operating standards for ongoing land use
activities;
* Property or easement purchases;
• Public education;
* Groundwater monitoring;
* Household hazardous waste collection; and
* Integrated pest management
Tribal governments may develop an array of regulations to enhance groundwater protection.
Tribes may also want to partner with state, local, and regional planning bodies or water
commissions to ensure their views are incorporated into regional watershed decisionmaking.
Sole Source Aquifer Designation
Tribes may seek sole source aquifer designations to protect drinking water supplies in areas with
few or no alternative sources and where available alternatives sources would be extremely
expensive. The designation protects an area's groundwater resource by requiring EPA review of
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any proposed projects within the designated area that receive federal financial assistance. The
program typically reviews projects such as highway construction, airports and wastewater
treatment facilities, but all proposed projects receiving federal funds are subject to review to
ensure they do not endanger the water source.
The program also provides for EPA review of federal financially assisted projects planned for the
area to determine the projects' potential for contaminating the aquifer. Based on this review, no
commitment of federal financial assistance may be made for projects "which the EPA
Administrator determines may contaminate such aquifer," although federal funds may be used to
modify projects to ensure that they will not contaminate the aquifer. Section 1424(e) of the
SDWA addresses sole source aquifer designations.
Zoning Ordinances
Zoning and subdivision ordinances are used to direct or limit development in a wellhead
protection area to can limit the number of potential sources of contamination. Zoning ordinances
may restrict or regulate land uses within the protected area while subdivision ordinances are
designed to limit the division of land for sale or development. See Section 3.6.1.
Site Plan Reviews
Site plan reviews require developers to submit plans for approval for development occurring
within a given area. Site plan reviews help minimize the impact on a protected area by requiring
compliance with protection ordinances and giving the tribal government an opportunity to review
and approve development activities prior to implementation.
Design and Operating Standards
Tribal governments can establish design standards for new construction and operating standards
for ongoing land use activities. Design standards can ensure that new buildings or structures
placed within a wellhead protection area do not pose a threat to the water supply. For example, a
tribe could develop design standards for gas stations in order to reduce runoff that could
contaminate the water supply. Operating standards minimize threats from ongoing activities,
such as application of fertilizers and pesticides or storage and use of hazardous materials. These
standards may also include prohibition of potential pollutant sources within protected areas.
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Property or Easement Purchases
Profile of Tribal Government Operations
Tribal governments can purchase property or property easements on land within the protected
areas. These purchases can prevent future development and give the tribal government land on
which to maintain vegetative buffers to help prevent contaminants from reaching the protected
area.
Household Hazardous Waste Collection
As part of their wellhead protection programs, tribal
governments may establish household hazardous waste
(HHW) collection programs. HHW collection
programs provide an opportunity for the safe disposal
of oils, fertilizers, gasoline, or other household
chemicals that residents might otherwise dispose of on
the ground or in a landfill designed to accept only non-
hazardous solid waste. By collecting and safely
disposing of these materials, tribal governments
prevent them from potentially reaching underground drinking water supplies. See Section
3.11.5.
Groundwater Monitoring
As part of wellhead protection programs, tribal governments may monitor the groundwater
within and leading to a drinking v^ater aquifer. In addition, a tribe with appropriate regulatory
authority could require owners of businesses that have the potential to contaminate groundwater
to monitor groundwater as it leaves their property. EPA regulations may require monitoring in
particular circumstances (e.g., underground storage tanks) and tribal governments may request
property owners who participate in particular activities (e.g., agricultural fertilizer/pesticide
application) to periodically monitor groundwater to determine whether it is becoming
contaminated. Proper sampling and well drilling techniques are important to prevent aquifer
contamination.
Public Education
Tribal governments may initiate efforts to educate the public on potential threats to groundwater,
on how the public's actions impact groundwater, and the need to prevent groundwater
contamination. Some examples of efforts that tribes may pursue include sponsoring
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advertisements and radio programs, distributing fliers, posting information on community
bulletin boards, and providing information at tribal meetings.
Integrated Pest Management
Integrated pest management (IPM) is another way to protect reservoirs. IPM is an approach to
pest management that blends all available management techniques - nonchemical and chemical -
into one strategy: monitor pest problems, use nonchemical pest control, and resort to pesticides
only when pest damage exceeds an economic or aesthetic threshold. Using IPM will enable the
tribal government to determine whether pesticide application is appropriate in and around
groundwater and, if appropriate, which type of pesticide to apply. Additional information about
IPM is found in section 3.10.6.
EPA's Underground Injection Control Web site
[hMjLljLvywvv .epii.gov/safevvater/uk:.html]
provides material on EPA's U1C program.
The UIC program works with tribes and local
governments to oversee the underground
injection of waste to prevent the contamination
of ground water drinking water resources. For
regulatory purposes, EPA groups wastes into five classes. Classes V wells represent the category
most commonly found in Indian country. They include shallow disposal systems such as dry
wells, septic systems, leach fields, and similar types of drainage wells that are used to dispose of
fluids into or above underground source of drinking water. The UIC regulations were revised in
1999 and additional provisions for two Class V well types were implemented. The revisions,
referred to as the Class V Rule, ban the use of large capacity cesspools and motor vehicle waste
disposal wells. To protect groundwater tribal governments should work with their local EPA
UIC program representatives to ensure these well types are properly closed.
3.7.7 WETLANDS
EPA's Wetlands Web site
[http://wvvvv.epa.gOV/owovv/vvetlands./1 provides
material on EPA's wetlands program.
Tribal governments, in partnership with EPA
and other federal agencies, may be
responsible for protecting, restoring, and
maintaining the chemical, physical, and
biological integrity of the waters on tribal lands as part of the waters of the United States.
Wetlands vary widely because of regional and local differences in soils, topography, climate,
hydrology, water chemistry, vegetation, and other factors, including human disturbance. Under
the CWA, the term wetlands means "those areas that are inundated or saturated by surface or
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ground water at a frequency and (duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs and similar areas."
Wetlands in Indian country are both pristine and degraded and require an adaptive strategy that
includes protection, restoration, and mitigation. Tribal wetlands programs typically start with
determining the location, extent, and condition of a tribe's wetlands. Tribes with wetlands that
are in a relatively pristine state focus on protecting the resource from potential impacts. Tribes
with wetlands that have been adversely impacted focus on stopping existing degradation,
restoring previously degraded wetlands, and mitigating potential future impacts on wetlands.
Whether planning to address pristine or degraded wetlands, tribal wetlands programs can protect
economic, ecological, aesthetic, recreational, and medicinal values.
Although many tribes have wetland programs, most have yet to develop specific wetland
regulations or amend their environmental laws and regulations to include wetland and other
water quality issues.
3.7.8 WATERSHED PROTECTION IAND MANAGEMENT
EPA's Watershed Academy Web Online Training
Web site [http://\vvv vv.epa.gov/ water train/I
provides watershed management training courses.
A watershed protection approach is a strategy
to effectively protect and restore aquatic
ecosystems and protecting human health. This
strategy recognizes watersheds as physically
defined units that are functionall> distinct; that requires problem solving at the watershed level,
rather than at the individual water body or discharger level.
Major features of a watershed protection approach are:
« Targeting priority problems;
* Promoting a high level of stakeholder involvement;
8 Identifying and integrating solutions that make use available expertise and authority; and
• Measuring success through monitoring and other data gathering.
To address water resource problems more effectively, tribes both should tailor their program tp
the watershed of concern and be as comprehensive as possible. Many tribal watershed
approaches address natural resource issues that cross geographic, jurisdictional, and political
boundaries. These approaches recognize the need for water supply, water quality, flood control,
navigation, hydropower generation, fisheries, biodiversity, habitat preservation, and recreation.
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In addition, the issues of cultural values and sacred sites are important to tribal watershed
management.
Tribes can support and facilitate many of the management activities likely to be taken by
watershed programs outside of Indian country. Tribes may also want to partner with regional
planning bodies or water commissions to ensure their views are incorporated into
regional/watershed decision-making. The following steps provide a comprehensive approach to
watershed protection:
» Scoping (identify issues and stakeholders);
m Assessment (acquire and analyze data);
• Synthesis (integrate results of the assessment);
" Management solutions (develop options for improving conditions);
« Implementation (implement selected option(s)); and
» Adaptive management (monitor conditions and modify plans).
3.7,9 POLLUTION PREVENTION AND WATER RESOURCES MANAGEMENT
The best way to protect water quality is to avoid
polluting water in the first place. When pollution
reaches surface or underground waterways, it can have
many adverse effects, including impacts on drinking
water sources. Water resource management
approaches vary from community to community
depending on various factors such as the source of
water, size and population of the community, needs of
the population, and the water supply system integrity.
For example, water conservation may be a very high priority for some tribes, while other tribes
may enjoy an abundance of source water. But in all cases, there is a need to protect water
resources and manage them wisely.
As with other tribal government activities, by incorporating pollution prevention criteria into the
decisionmaking processes, tribal decision makers and water resource managers can:
• Help prevent and reduce waste and pollution;
• Prevent and reduce potentially harmful chemical exposures to employees and members;
« Reduce risks of accidents and releases; and
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• Prevent or reduce potential liabilities and regulatory compliance burdens, while providing
service delivery and cost savings to their organizations, customers and communities.
Programs that focus on municipal and industrial pollution prevention help prevent or reduce
water pollution. Development of tribal source-water management programs can help achieve
CWA and SDWA goals. Tribal education and outreach attempts can extend not only to
members, but to non-members as well. Extension to non-members provides an opportunity to
familiarize non-members around a reservation with the tribe's role in managing and protecting
resources, and the tribal interest in working with the larger community to conserve natural
resources.
Overall (affecting surface and groundwater)
B Releases into stormwater sewer systems of hazardous substances such as used oil or
household or yard chemicals;
8 Industrial site releases;
" Runoff of pesticides, fertilizers, and herbicides (impacts include degradation of stream
banks);
* Lack of education, awareness, and participation (public and private sector) in programs for
collection, recycling, and disposal of household hazardous waste materials;
B Lack of education, awareness, and participation (public and private sector) in water
protection and conservation activities; and
• Combined sewer overflows discharging excess wastewater, including untreated human and
industrial waste, toxic materials, and debris.
Additional for Surface Water
• Lack of residential and commercial development stormwater management controls;
K Flood control projects that impair water quality; and
m Soil runoff from construction and other sites.
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Overall (surface and groundwater)
m Develop local stormwater management and pollution prevention programs;
" Develop source water (groundwater) protection programs such as the EPA's Source Water
Assessment and Protection Program [http:;/w\vw.epa.gov'safewaterprotect.html];
• Develop household hazardous waste collection initiatives;
8 Require pollution prevention BMPs as a permit condition under the CWA. Tribes could
design BMPs on a case-by-case basis or develop generic BMPs that would be applied to all
facilities in a given industrial category;
• Set protective limits for reduction of discharges to wastewater treatment plants;
• Set protective limits for discharges of hazardous substances and petroleum storage;
m Adopt landscaping codes (e.g., institute irrigation restrictions);
" Establish different pricing plans for households and businesses to reduce demand and
remove unwanted subsidies;
• Investigate reduced water use projects (i.e., ultra-low flush "toilet voucher programs," low
flow shower heads, sprinkler systems that are sensitive to rainfall, etc.);
• Establish programs to conduct in-home water audits, leak repairs, and subsidized retrofits
with water conserving fixtures;
• Limit or exclude industrial discharges to septic systems through design review; and
• Work with EPA UIC representatives to properly close endangering Class V well types.
Additional for Surface Water
• Develop local surface water protection programs;
B Use local plants and establish sustainable water collection systems;
18 Develop erosion and sediment control programs; and
• Set protective discharge limits for stormwater controls.
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Overall (surface and groundwater)
8 Conduct leak detection programs and perform plumbing fixture retrofits;
s Upgrade water meters to ensure accurate readings (use water inventory meter and retrofit
programs);
• Develop BMPs for tribal government internal operations, in order to lead by example;
m Integrate water conservation into new facility design;
m Set protective limits to reduce of internal discharges to wastewater treatment plants;
B Set protective limits for internal discharges of hazardous substances and petroleum storage;
• Limit or exclude internal discharges to septic systems;
• Use water recycling for golF courses, parks, landscaping, schools, firefighting, fountains,
street sweeping, vehicle washing, and irrigation;
• Adopt EPA?s Water Efficiency Program [hup:, \vww.cpa.uov/owin/water-efiK'iency/]. to reduce
the need for wastewater treatment facilities, maintain stream flows and health aquatic
habitats, and reduce the energy used to pump and treat water; and
• Increase pervious surface areas by integrating low impact development techniques.
Additional for Surface Water
K Reconstruct or upgrade wastewater treatment plants;
K Investigate wetland mitigation banking opportunities;
• Set protective internal discharge limits for stormwater controls.
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3.8 WATER SUPPLY
EPA's Ground Water and Drinking Water Web site
[h ttp: / / vv vv w. e pa. go v / safe \v ate r / tr ibal. htinll
provides material on EPA's tribal drinking water
program.
Many tribal governments are responsible for
operating public water systems (PWSs). A
regulated PWS is any water system that makes
water available for drinking to 15 or more
i
connections, or regularly serves an average of 25 **"~-^am^^^^fi^*~««^^am^>^^af=a^^^
individuals daily at least 60 days out of the year. PWSs are designed to provide and maintain
reliable, safe, high-quality drinking water to consumers in their homes, at work, at school, at
restaurants, roadside rest stops, and any other
place the PWS makes water available to the
public.
The SDWA, giving EPA the authority to protect
the public from chemical, physical, radiological,
and microbiological contaminants in their
drinking water. EPA has used this authority to
develop regulations establishing maximum
contaminant levels (MCLs) for many substances
that can be harmful in drinking water and
treatment technique regulations requiring public
water systems to remove or inactivate other
substances found in their source water. Other
SDWA regulations are intended to protect the
quality of source water and to ensure treated
drinking water remains safe until it is delivered
to consumers.
There are three types of public water systems:
A Community Water System (CWS)
supplies water to the same residential
population year-round. Examples include
cities, towns, and rural water systems.
" A Non-Transient Non-Community Water
System (NTNCWS) regularly supplies water
to at least 25 of the same people at least six
months per year - but not to their residences.
Examples include schools and factories that
have their own water supply.
" A Transient Non-Community Water
System (TNCWS) provides water to at least 25
different people a day for six months out the
year (typically in a place where people do not
remain for long periods of time.) Examples
include restaurants, rest stops, and
campgrounds that have their own water
supplies.
Tribal PWSs are required to comply with all drinking water regulations that apply to their
systems. They are also responsible for ensuring that the required water samples are collected and
tested, and that the results of those tests and other required reports are sent to EPA, or to the
tribal regulatory office if the tribe has been approved to exercise primary enforcement authority
("primacy") for its drinking water program. To date, only the Navajo Nation has been approved
for primacy. EPA administers the drinking water program for all other tribes.
The drinking water requirements can be found at 40 CFR 141. The rules applicable to a
particular public water system can vary depending on the PWS's size (number of people it
serves) and type (community, non-transient non-community, or transient non-community), and
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the type of source water (groundwater or surface water) the PWS relies upon. Tribal PWS
operators should contact EPA or its circuit riders to make sure they have correctly identified the
requirements that their systems must meet.
The operations necessary to provide and maintain reliable drinking water include water treatment
and water distribution, and are discussed in detail below. A Typical Water Treatment Plant is
displayed in Exhibit 3-3 below.
Exhibit 3-3. Typical Water Treatment Plant
bate or Reservoir
j. . -_.. -^
¥
_.—•**
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Sector Notebook Project Profile of Tribal Government Operations
pumped and treated from sources open to the atmosphere, such as rivers, lakes, and reservoirs, is
known as surface water.
Surface water sources, which are more exposed to contaminants in stormwater runoff and to
microbiological contaminants, typically require more rigorous treatment. More than 90 percent
of tribal PWSs use groundwater sources, but the approximately 75 tribal PWSs that use a surface
water source are often the tribal systems serving the largest populations. Improper operation of
these large systems could put thousands of people at risk of illness or death.
Because water from both surface water and groundwater sources can become contaminated if it
is not protected, a PWS must shelter its water source from chemical spills, human activities that
can degrade water quality, and careless sanitary procedures. It is easier and more cost-effective
for a PWS to start with relatively clean water. Cleaning up contaminated source water and
making it safe to drink can be complicated, costly, and sometimes impossible. See Section 3.7.1
Once the quality of its source water has been determined, a PWS should consult with EPA and
its partners to develop an appropriate treatment process, or "treatment train." A typical treatment
train for PWSs that use surface water sources will include screening at the point of intake to
strain out large objects and fish; presedimentation to allow many suspended solids to settle out of
the source water by simple gravity; coagulation/flocculation/sedimentation to cause more of the
suspended solids, chemicals, and impurities to settle out of the water; filtration to remove finer
suspended particles and larger microbial contaminants; and disinfection to kill or inactivate
microscopic organisms that can cause disease.
3.8.2 WASTE DISPOSAL
Tribal PWSs should note that some treatment processes or technologies can produce waste
products or waste streams that are themselves regulated. Settling ponds are intended to capture
solids and chemicals removed from the source water and chemicals used to trigger coagulation
and flocculation. Residual wastes can collect in filter media where they can become trapped or
released as backwash during filter cleaning operations. The type of waste generated depends on
the treatment technology selected and can also be affected by the quality of the source water.
While the treatment trains used by tribal PWSs typically will not generate hazardous wastes, a
tribe should work with EPA or its circuit riders to identify potential waste products and streams
and to determine if they must be handled in accordance with the requirements of RCRA and the
CWA. EPA can also help the tribe determine the best waste disposal option based on the
system's treatment train, the type of waste or wastewater generated, and level of contaminants
present in the waste streams.
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3.8,3 STORAGE AND MANAGEMENT OF DISINFECTING CHEMICALS
Brief explanations
* Emergency Release Notification (EPCRA Section 304)
» Hazardous Chemical Inventory and Reporting
(EPCRA Sections 311 and 312)
Risk Management Planning (CA A Section 112 (r))
A tribal PWS that disinfects its water is
likely to use, and have on site, chlorine,
chloramines, or chlorine dioxide. These
are the most commonly used disinfection
agents because they effectively kill or
inactivate biological contaminants in
source water and remain in the treated water to prevent recontamination in the distribution
system. If the disinfecting PWS is large enough to store or use a specified amount of these
chemicals, it will be subject to the applicable planning and reporting requirements of OSHA,
EPCRA, FIFRA (if using chlorine or other registered pesticides) and Section 112(r) of the CAA.
The PWS should investigate disinfection technologies before deciding which method to use, and
contact EPA if it has any questions.
3.8.4 WATER DISTRIBUTION
Distribution systems deliver drink ing water from the treatment
plant to the consumers. A distribution system can include
storage facilities or tanks, water mains, service lines (lines from
water main to the building or property being served), and the
associated valving and accessories. The distribution system
must maintain adequate and constant water pressure to prevent
contaminants from being drawn into the pipes, and must
maintain a disinfectant residual to ensure that microbial
contamination does not occur after water leaves the treatment
plant.
Distribution systems can be contaminated through cross-connections. A cross-connection is
defined as an actual or potential connection between a potable supply of water and a non-potable
supply and are typically due to poor plumbing practices. Cross-connections allow the entry of
contaminated water from sources such as an adjacent sewer pipe, an industrial source, or
stormwater runoff. The contaminant enters the distribution system if the pressure of the polluted
source exceeds the water pressure in the distribution system. This action is called backflow and
may be due to backpressure or back siphonage. Cross connections lie dormant until backflow
occurs. Cross connections controls to prevent distribution system contamination can be found in
a variety of regulations, standards, and codes, including plumbing codes, health codes, and
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building codes. These vary widely throughout Indian country. Tribal PWSs should check with
their EPA Regional Office for more information.
3.8.5 OPERATIONS AND MAINTENANCE
Proper operation and maintenance (O&M) is essential to ensuring that a PWS effectively and
efficiently provides safe drinking water to its consumers. Ensuring that the entire water system
infrastructure (i.e., storage, treatment facilities, and distribution systems) is properly maintained
can prevent entry and growth of microbiological contaminants in the distribution system and
preserve the system's overall structural integrity. Proper O&M can also result in lower costs to
the PWS. These O&M costs include:
m The cost of labor (including training of operators);
» Energy costs;
• The cost of rehabilitating or replacing equipment;
» Chemicals costs;
B The cost of waste disposal;
B Safety and security costs; and
• Other miscellaneous costs like insurance
and taxes.
Operator certification information is found at
[iittp: / / epa.gov / sa few a ter / (tpcert7 opcert. h tin].
A preventive maintenance program will allow a tribal PWS to maximize the usefulness of
equipment and piping, help avoid problems, and cut down or delay rehabilitation or replacement
costs. Some key items and equipment that should be included in a preventive maintenance
program include:
8 Monitoring equipment calibration;
B Pump inspection and maintenance;
• Inspection and maintenance of disinfection system;
• Valve inspection and maintenance;
• Maintenance and repair of water mains and storage tanks or reservoirs;
• Distribution system flushing;
• Cross connection and backflow prevention;
• Distribution system piping repair or replacement; and
8 Safety (confined space measures, lockout/tagout procedures, oxygen deficiency hazard
measures).
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The above list i$ not all-inclusive and tribal PWSs should tailor their preventive maintenance
programs to meet their specific needs. In implementing a preventive maintenance program, a
tribal PWS should follow manufacturer equipment instructions and recommendations, plumbing,
electrical, and building codes, proper engineering and construction practices, safety standards,
MSDSs, and any other applicable requirements (including permits). Tribal PWSs should contact
their EPA Regional Office for mere information on developing and implementing a preventive
maintenance program, including system-specific O&M issues.
Sanitary Surveys help to ensure proper PWS operation. A sanitary survey is intended "to
evaluate and document the capabilities of the water system's sources, treatment, storage,
distribution network, operation and maintenance, and overall management to continually provide
safe drinking water and to identify any deficiencies that may adversely impact a public water
system's ability to provide a safe, reliable water supply." Sanitary surveys are indispensable for
ensuring the delivery of safe water on a sustainable basis. When conducted properly and with
appropriate follow-up, sanitary surveys can:
" Reduce the risk of waterborne disease;
• Provide an opportunity to educate system operators; and
• Identify systems needing technical or capacity development assistance.
EPA's sanitary survey resources £.re located at
safevvaicr-'dwa/resources.
3.8.6 SAFETY AND SECURITY
A tribal PWS must comply with safety requirements like any other work
environment. For example, the use of hazardous chemicals, such as chlorine
for disinfection, at a PWS would require MSDSs. Extreme caution should
always be exercised by anyone performing O&M procedures. Safety
procedures such as confined space, trench shoring (for excavations), and lock-
out/tag-out should always be used. Other regulations may also apply.
Security practices should also be incorporated into the every day business functions of a tribal
PWS. Activities such as fence cutting and lock picking, previously dismissed as harmless, may
be indications of more serious threats to the PWS. Tribal PWSs must be prepared to respond to
threats, as well as a wide range of emergencies, such as natural disasters. Improved security
preparations provide for a more effective and efficient response. A tribal PWS should contact
EPA for more information on tool s, training, and technical assistance pertaining to water system
security and emergency response. For more information, see
http://cfpub.epa.gov/safewatei- waterseci irity index.cfm
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3.8.7 SAFE DRINKING WATER ACT COMPLIANCE
Tribal PWSs are responsible for complying with SDWA requirements with respect to water
quality, treatment techniques, recordkeeping, and reporting. As part of those regulations, water
supply facilities are required to sample and analyze the water for specific chemicals and
microbiological organisms to ensure that applicable treatment techniques are followed and the
MCLs are not exceeded. Tribal PWSs are in violation and may be subject to fines and other
penalties if any of the following occur:
* The system exceeds an MCL;
» The system fails to comply with a treatment technique;
m The system fails to monitor for contaminants;
» The system fails to report monitoring results to the Primacy Agency; or
• The system fails to provide the appropriate public notification.
All tribal PWSs also must maintain records, including sample analyses, actions taken to correct
violations, sanitary surveys of the system, and variances or exemptions granted to the system.
Drinking water standards and MCLs are found at
EPA's Ground Water and Drinking Water Web site
[http:/ /w wvv.epti.gov/satevvater/standard s-htrnll.
When MCLs are exceeded, tribal PWSs must
notify EPA, or their tribal regulatory office if
they have been granted primacy. A PWS that
exceeds an MCL is also required to notify its
consumers of the violation. The public notification requirements are based on the severity of the
violation. Generally speaking, if the contaminant at issue can make people sick immediately, the
notification must be made within 24 hours. EPA's Final Drinking Water Public Notification
Regulations Web site [hup: vvww.cpa.uov••.'OGWDW/pws pa rule-fact.html] provides more information.
In addition, every CWS is required to provide its customers annual Consumer Confidence
Reports that describe the quality of the system's water source, identify any regulated
contaminants detected in the drinking water, and note any violations of drinking water standards.
For more information, go to EPA's Consumer Confidence Report (CCR) Web site
[http:/.'www.cpa.gov/safevvaicr/ccr/index.html] provides additional information.
For more information about any issues related to supplying public drinking water, please contact
your Regional EPA Tribal Drinking Water Coordinator listed in Appendix B.
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3.9 WASTEWATER MANAGEMENT
Profile of Tribal Government Operations
EPA's Tribal PWSS and UIC Web site
[http:/ /vv\vu .epa.gov/safewater/tribal/history.htmll
provides material on EPA's Wastewater point sources
programs, including pipes, ditches, and sanitary or
storm sewers. EPA's Clean Water Indian Program page
[http://wvvw.cpa.gov/owtn/mab/indiaii/indcx.htm1
provides additional information.
Some tribal governments are responsible
for designing, planning, constructing,
financing, operating, and maintaining
wastewater treatment plants. Other tribes
may run regional wastewater treatment
plants for service areas exceeding their
reservation and enter into service contracts
with regional authorities or individual
users. In both cases, tribes are responsible for the conveyance systems that transport wastewater
to the treatment plant and discharge storm water runoff to nearby water bodies.
A publicly owned treatment work (POTW) consists of the wastewater treatment plant and a
collection system that transports sewage to it. A collection system can be either of two types (or
some combination of the two):
m Separate sewer systems thai are designed to convey only municipal sanitary sewage and
industrial wastewater.
* Combined sewer systems that are designed to convey storm water runoff in addition to
municipal sewage and industrial wastewater.
EPA uses a broad definition of "municipal" to define
municipal sewer systems - conveyances that are
owned or operated by a state, city, town...or other
public body having jurisdiction of disposal of
sewage, industrial wastes, stormwater, or other
wastes, including...an Indian tribe or an authorized
Indian tribal organization, or a designated and
approved management agency under Section 208 of
the CWA.
A third type of conveyance system - a
municipal separate storm sewer system (MS4)
- conveys storm water runoff directly to
nearby waters rather than to a POTW.
Overall, POTWs are responsible for
collecting, treating, analyzing, and
discharging wastewater received from
separate sanitary or combined sewer systems, as well as for disposing of sewage sludge, or
"biosolids," generated during the treatment process. A POTW must comply with its NPDES
permit, including requirements for industrial pretreatment, compliance monitoring, and proper
use or disposal of biosolids. A POTW is also responsible for laboratory operations, chemical
storage and hazardous materials management, and vehicle and equipment maintenance. Exhibit
3-4, found on the next page, presents common wastewater management operations.
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Exhibit 3-4. Wastewater Management
System Operation
and Maintenance
3.9.1 OPERATION AND MAINTENANCE OF SEWER SYSTEMS
A tribal government may be responsible for operating and maintaining three types of conveyance
systems:
m Separate Sanitary Sewer Systems;
• Combined Sewer Systems; and
m Municipal Separate Storm Water Systems.
These systems may be regulated under the NPDES, pretreatment, or storm water provisions of
the CWA and 40 CFR Section 122.26. EPA generally is the permitting authority when NPDES
or other permits are required in Indian country under federal environmental laws.
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Some tribal governments design, construct, operate, and maintain sanitary sewer systems to
convey wastewater from homes and businesses to wastewater treatment plants.. Some tribal
governments install new sewer lines, clean blocked lines, repair leaky lines, maintain root
control, repair manholes, operate and maintain pump stations, and conduct all maintenance
activities necessary to prevent overflows and ensure that wastewater is conveyed to the treatment
plant. Other tribes contract with outside suppliers to utilize sewer systems already in place in
neighboring governments.
Maintaining sanitary sewer systems is a significant
responsibility for tribal governments. Leaks or the
infiltration of wastewater into the sewer system can
,, , , i • , , i • manhole covers, and domestic and industrial
occur through cracks and improperly sealed pipe
roof drains. While much of the leakage occurs in
Sanitary sewer capacity is; reduced by
groundwater seepage through leaky pipes and
storm water flow, through leaky and missing
main trunk sewers, more than 50 percent of
groundwater seepage in certain areas may come
from holes in pipes on private property.
joints. Overall, this "infiltration and inflow" (I/I)
raises the volume of wastewater in sewers and
lowers system capacity. During significant rainfall
events, the sewer system cannot carry the excess
wastewater, and flooding can occur. Diluted and untreated sewage can back up through
manholes and into basements, spill into storm drains p«-=^^
I EPA's Sanitary Sewer Overflow Material is
and creeks, and wash up onto beaches. To ensure I , , . , ,
I round at hup epa gov npncs ^so|.
maximum SyStem Capacity and tO prevent theSe LVm>«m^mm.^mmwammm«m^mlmnm»mSmm,^mmm^^mmm,
"sanitary sewer overflows" (SSOs), tribal governments must undertake active monitoring and
preventive maintenance programs to identify and repair leaky sewer lines, as well as conduct any
major upgrades or restorations.
Tribal governments that operate POTWs are required to report all overflows arid flooding from
either sanitary or combined sewage systems so that repairs can be made and preventive action
can be taken, to minimize environmental and human health impacts.
SSOs, whether caused by excessive I/I, inadequate capacity, blockages, or equipment failure,
impact the environment through the discharge of raw sanitary sewage. These discharges often
result in direct human exposure to raw sewage, as well as surface and groundwater
contamination. SSOs are unpermitted, illegal discharges under the CWA and rnay subject the
tribal government to enforcement action by EPA or the tribal regulatory authority.
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EPA's CSO Information is available at
[hitp:-'/epa.gov/npdea/CM>.1
Although limited in number, some tribal
governments maintain combined sewer systems
(CSSs) that are designed to carry sanitary sewage,
industrial wastewater and storm water runoff to the POTW. During periods of heavy rainfall or
snowmelt, the wastewater volume in a CSS can exceed the capacity of the system. CSSs,
therefore, are designed to overflow and discharge excess wastewater directly to nearby water
bodies. These discharges are called combined sewer overflows (CSOs).
Tribes with CSSs have operation and maintenance responsibilities similar to those for separate
sanitary sewer systems, such as installing new sewer lines, cleaning blocked lines, and inspecting
for and fixing leaks and infiltration. However, their most important activity is controlling CSOs,
which contain not only storm water, but also untreated human and industrial waste, toxic
materials, and debris. EPA's Combined Sewer Overflows (CSOs) section on the NPDES page
jia^ provides material on CSOs.
EPA's Stormwatcr Discharges from Municipal
Separate Storm Sewer Systems (MS4s) Web site
[hllp:;-'Clpuh.ejia.m)\';npdes/sk'rrinvaler''rniinii.'.clni ]
provides information on MS4s.
Although rare in Indian country, some tribal
governments also are responsible for operating and
maintaining municipal separate storm sewers
(MS4s). MS4s are designed to convey storm water
from impermeable areas to bodies of water. In
conveying storm water directly to streams, rivers, and lakes, MS4s also transport oil, grease,
pesticides, herbicides, dirt and grit, all of which have the potential to reduce water quality.
Tribal government operations related to operating and maintaining storm sewer systems include
clearing blocked sewer lines, preventing contaminants from entering the storm sewer system,
constructing storm water controls, and sampling and analyzing storm water discharges. In
addition, tribal governments can reduce the volume of silt and solids being transported to the
sewer systems and reduce water contamination by cleaning streets, removing wastes, and
cleaning sewer screens.
Medium and large MS4 operators are required to submit comprehensive permit applications and
are issued individual permits. Regulated small MS4 operators have the option of choosing to be
covered by an individual permit, a general permit, or a modified Phase I MS4 individual permit.
Tribal governments responsible for operating and maintaining MS4s submit permit applications
to EPA.
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Separate, combined, and storm sewer systems require repair to eliminate conditions that impede
their ability to convey sewage and storm water flows. Sewers and other collection system
components, such as manholes, pump stations, and siphons, must be repaired or replaced to
address structural failure, infiltration (leakage of groundwater into pipes), exfiltration (leakage of
sewage out of pipes), and blockages. In combined sewers, flow regulators must be repaired
when they fail to divert combined wastewater flows at the intended flow rates. Portions of a
sewer system may need to be replaced to address inadequate capacity, which can result in
separate sewer system overflows during periods of high flow. Repairs may involve replacing
individual pipe sections, replacing entire sewer segments, or repairing existing sewers. Grouting
leaking joints, lining existing sewers, and rebuilding or lining manholes and other structures all
may be necessary.
Separate and combined sewer system repairs can impact the environment through the discharge
of raw sewage around the line or system component being repaired. Repairs of separate,
combined, and storm sewers also can affect the environment through erosion and sedimentation,
which take place as a result of excavation, stockpiling, and backfilling, or through the discharge
of sediment-laden water from the repair excavation. Guidance on sewer maintenance activities is
often included in a tribal government POTW's NPDES permit.
3.9.2 WASTEWATER TREATMENT!
Some tribal governments may be responsible for
wastewater treatment. POTWs are responsible for
the treatment, analysis, and discharge of wastewater
received from sanitary or combined sewer systems,
and the disposal of sludge generated from the
treatment process.
Activities at a POTW may include:
Operating and maintaining the plant to ensure
that discharges meet the facility's NPDES permit requirements and limitations;
Overseeing a pretreatment program to prevent industrial discharges from causing
interference or pass through, sludge contamination, or the plant to violate its permit;
Sampling and analyzing wastewater and sludge prior to discharge or disposal to meet
NPDES monitoring requirements;
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H Managing biosolids from the treatment processes by landfilling, land application, surface
disposal, incineration, or composting; and
" Maintaining records and submitting discharge monitoring reports (DMRs).
Because these activities could affect the environment, they may be subject to environmental
regulations as indicated in the following list:
B Wastewater treatment process - CWA;
» NPDES permit compliance - CWA;
• Wastewater treatment plant effluent injection - SDWA;
" Laboratory operations - CWA and RCRA;
• Pretreatment program - CWA;
K Biosolids management and disposal CWA, RCRA, and CAA; and
• Chemical storage/hazardous materials management - EPCRA, CERCLA, and CAA
EPA's information on wastewater treatment plants is found at
htlp:••'.•'cl'puh 1 .cpa.gov npdes/honie.cl'm'.'program id 13.
Municipal wastewater (sewage) treatment is defined as primary,
secondary, or tertiary according to the extent of pollutant removal and
the mechanisms (physical, biological, or chemical) through which
pollutants are removed. Primary treatment consists primarily of physical
processes (settling or skimming) that remove a significant percentage of
the organic and inorganic solids from wastewater. Secondary treatment
depends on biological action to remove fine suspended solids, dispersed
solids, and dissolved organics by volatilization, biodegradation, and
incorporation into sludge. In addition, secondary treatment satisfies
much of the oxygen demand of the pollutant(s). Tertiary (advanced)
treatment uses a variety of biological, physical, and chemical treatment approaches to reduce
nutrients, organics, and pathogens.
Tribes with wastewater treatment facilities may use "biogas," a product of anaerobic digestion,
either offsite or within the plant to improve the energy efficiency of wastewater treatment
processes. Biogas, a gas composed of methane, carbon dioxide, hydrogen sulfide, and other
minor gaseous compounds, has about 60 percent of the heat value of natural gas. If the gas is not
used, it can be flared, which may be regulated under the CAA.
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Tribal governments with wastewater plant operations and/or a collection
system (sanitary or combined) that conveys wastewater to a POTW are
;'.:
responsible for complying with applicable federal and tribal regulations. 1
Proper operation and maintenance are critical for sewage collection and
treatment because the environmental impacts from these processes can
severely degrade water resources and, ultimately, human health. For these
reasons, POTWs receive NPDES permits to ensure compliance with federal regulations.
EPA'S NPDES Web site offers a wide I NPDES permits, issued by EPA or an authorized tribal
array of material on this permit government, establish effluent limits, including type and
program. See [I)l]p:/^a.^>vAnjxies]. I .
' ~ I quantity restrictions, and pollutant monitoring,
recordkeeping, and reporting requirements. Each POTW
(or other dischargers into surface water) that intends to discharge into the nation's waters must
obtain an NPDES permit prior to initiating its discharge. To date, no tribe is authorized to issue
NPDES permits.
To comply with the NPDES permit, tribal governments are responsible for implementing an
NPDES monitoring program at their POTWs. To comply with the program, POTWs must
collect samples of effluent discharges at the frequencies and locations specified in their permits
and submit monitoring reports to EPA or a tribe that is authorized to administer the NPDES
program. Sampling and analysis are conducted to verify that the amounts and types of pollutants
discharged from wastewater treatment systems meet the NPDES permit limits. The NPDES
permit specifies the parameters that must be monitored, which vary by plant. The primary
parameters in NPDES permits for POTWs include flow, biochemical oxygen demand (BOD),
pH, fecal coliform, residual chlorine, and suspended solids. A NPDES permit may include other
parameters, such as bioassay toxicity tests and metals.
If a POTW meets the NPDES permit requirements, the systems usually are operating properly.
Failure to comply with permit requirements can result in permit suspension, increased
monitoring requirements, increased inspections, and/or issuance of fines or other penalties by
EPA or the relevant tribal government regulatory agency.
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^
EPA's Septic System information is
available at [hJilL •-"PJJiLL: i>«ni -.qilicl
Some tribal facilities rely on on-site waste water treatment
systems and large capacity septic systems to treat
wastewater, facilities with on site systems may include
casinos, housing clusters, schools and other public
buildings, day care centers, gymnasiums, and shopping areas. A septic system is considered a
Large Capacity Septic System (LCSS) if it receives solely sanitary waste either from multiple
dwellings, or from a non-residential establishment, where the system has the total capacity to
serve 20 or more persons per day. LCSSs are regulated as Class V wells under the federal
Underground Injection Control (UIC) Program
[Mtii^w^vjgi^^ Although LCSSs can be individually
permitted, the majority of LCSSs, are "authorized by rule" provided they meet minimum federal
requirements. "Authorized by rule," means that an individual permit is not required.
EPA does not have permit requirements for septic systems used by single-family homes or non-
residential septic systems receiving solely sanitary waste that serve fewer than 20 persons per
day. However, if these systems are improperly sited, operated or maintained they can threaten
water quality. EPA has the authority to address malfunctioning systems on a case-by-case basis.
The minimum federal requirements for LCSSs are:
8 The owner or operator is required to submit basic inventory information to EPA or tribe
with primary control; and
* The injectate cannot endanger an underground source of drinking water (USDW).
Inventory information includes: facility name and location, owner/operator name and address,
nature and type of injection well, and operating status. A complete discussion is found on EPA's
Minimum Federal Requirements for Class V Wells page of the UIC Program Web site
[http:. / wvvw.epa.gov/safewoter/uic/cl5oper/cl 5 mi nrcq.html].
The second minimum federal requirement prohibits injection that allows the movement of fluids
containing any contaminants (such as nutrients, pathogens, solvents or heavy metals) into an
USDW if the presence of that contaminant may cause a violation of any primary drinking water
regulation or adversely affect public health.
If the LCSS is designed, operated, and maintained properly, they generally should not endanger
USDWs. To get more information on LCSS in your area contact your regional UIC program
representative. See [http://w\vw.cp;i,ggv/safc\vaLer/uic/pdfs/rpt_uic__nationaldircctor\'20U4v5.pdf].
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Some POTWs analyze wastewater samples and sludge at on-site laboratories. Laboratory
procedures must comply with approved methods and meet NPDES monitoring requirements.
Chemicals used in the laboratory include acids (e.g., sulfuric, hydrochloric, nitric), bases (e.g.,
sodium hydroxide, potassium hydroxide, sodium azide solution), and others (e.g., chlorine, ferric
salts, carbon disulfide, benzene). The quantity of wastes generated depends on the number and
types of tests performed. The storage and disposal of some wastes generated from laboratory
activities may be regulated under the hazardous waste provisions of RCRA.
POTWs are responsible for operating the wastewater laboratory safely. To prevent laboratory
accidents, chemicals should be stored in a properly ventilated and well-lit room. All bottles and
reagents should be clearly labeled and dated. Volatile liquids that can escape as a gas, such as
ether, must be kept away from heat sources, sunlight, and electrical switches. Cylinders of gas
being stored should also be capped and secured to prevent rolling or tipping.
Under the pretreatment regulations (40 CFR 403), POTWs are required to develop and
implement local pretreatment programs. Through this program, the POTW is directly
responsible for the regulation of certain industrial users discharging to the wastewater treatment
system. Information on pretreatrr ent programs can be found at the Pretreatment Program section
on the EPA's NPDES Web site [|mp://cfpub.cprnc^tjrL/program id.=3].
Some tribal governments are responsible for managing
and disposing of sewage sludge (i.e., blOSOlids). ioso i s(orsewagesu ge)are e ine
as solid, semi-solid, or liquid residue
generated during the treatment of
domestic sewage in treatment works. See
[hup://epa.gov/o\vm/mth/bio.stilids/index.htm].
Biosolids are a primary organic solid product produced
by wastewater treatment processes that can be
beneficially recycled (the fact thai biosolids can be
recycled does not preclude their disposal). These tribal
governments must follow the federal sludge management program (40 CFR Part 503), which
establishes requirements for the final use or disposal of biosolids when biosolids are:
<* Applied to land to conditior the soil or fertilize crops or other vegetation grown in the soil;
m Placed on a surface disposal site for final disposal; or
m Fired in a biosolids incinerator.
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A fourth disposal option is landfilling. If biosolids are placed in a municipal solid waste landfill,
the landfill owner/operator is responsible for ensuring that the biosolids meet the provisions of
40 CFR Part 258.
Is it a Regulated Chemical? Appendices
A and B of 40 CFR Part 355 list EPCRA
EHSs. 40 CFR Part 302 lists CERCL A
hazardous substances.
If storing or using specified amounts of certain
hazardous chemicals, a tribal government may be
subject to planning and reporting requirements of
EPCRA and Section 112(r) of the CAA. Hazardous
chemicals may be used in various wastewater
collection and treatment operations, such as disinfection as part of the treatment process, or
cleaning and other maintenance activities. Specifically, chlorine and sulfur dioxide are
commonly used in the disinfection (chlorination/dechlorination) process. Additional chemicals
may be used in laboratory procedures to analyze wastewater samples. Facilities must generally
submit hazardous chemical inventory and emergency release information as provided in RCRA,
CAA, and EPCRA. See section 3.3.1 (Chemical Emergency Preparedness) and section 3.10.4.1
(Risk Management and Prevention Planning).
3.9,3 STORM WATER DISCHARGES
Some tribal governments have enacted storm water discharge programs. Storm water discharges
are generated by runoff from land and impervious areas such as paved streets, parking lots, and
building rooftops during rainfall and snow events. These discharges often contain pollutants in
quantities that could adversely affect water quality. Many industrial/commercial storm water
discharges are considered point sources and require an NPDES permit. The primary method to
control storm water discharges is through the use of best management practices. Information on
BMPs is found in section 3.7.4.1 and at
http:Aepa.go\7npdes;stori'nwatt;r.
Polluted stormwater runoff is a leading cause of
impairment to water bodies. Over land or via
storm sewer systems, polluted runoff is discharged,
often untreated, directly into local water bodies.
When left uncontrolled, this water pollution can
result in the destruction offish, wildlife, and
aquatic life habitat; a loss in aesthetic value; and
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threats to public health due to contaminated food, drinking water supplies, and recreational
waterways.
Under the CWA, the NPDES Stonnwater Program is a comprehensive two-phased national
program for addressing the non-agricultural sources of stormwater discharges, which adversely
affect the quality of our nation's waters. The program uses the NPDES permitting mechanism to
require the implementation of controls designed to prevent harmful pollutants from being washed
by stormwater runoff into local water bodies.
As indicated in Section 3.6.2, Stormwater, the NPDES stormwater program requires operators of
construction sites one acre or larger (including smaller sites that are part of a larger common plan
of development) to obtain authorization to discharge stormwater under an NPDES construction
stormwater permit. Tribal governments must apply if they meet either of the two parts of the
stormwater regulation definitions of "operator."
3.9.4 OTHER OPERATIONS THATIMAY BE REGULATED
In addition, POTWs may be regulated for pesticide
management. POTWs may use pesticides, particularly
herbicides, to control weed growth and maintain the
plant site. Activities related to pesticide use and storage
may be regulated under the provisions of F1FRA,
EPCRA, or Section 112(r) of the CAA. See Section
3.10 for more information on peslicide management.
3.9.5 POLLUTION PREVENTION IN WASTEWATER MANAGEMENT
A substantial amount of the pollution generated by wastewater management activities can be
prevented. In preventing pollution, wastewater treatment plants can serve as role models for
their residential, commercial, and industrial customers; they can also help or require dischargers
to reduce their own toxic discharges to sewers through education, on site assistance, and
regulatory programs.
Sewer line and wastewater treatment operations and maintenance are key to ensuring proper
treatment of wastewater and protection of the environment. Unintended releases of partially
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treated or untreated sewage can result from leaks from pipes or sewers and inadvertent
discharges to waterways.
The wastewater treatment process involves treating both the liquid and solid factions of
wastewater. In doing so, various chemicals may be added to either the solids or the liquids to
produce an appropriate product meeting discharge requirements. By products of the treatment
process can include flared methane, bar screen waste, and grit chamber material.
Keep harmful chemicals out of the sewer lines and protect line workers, the plant, and the
public's investment. Work closely with pollution prevention programs, economic development
commissions, and pretreatment programs.
• Institutionalize a preventive maintenance program to predict problems before they occur
instead of reacting to them after their occurrence.
f Design, implement, and evaluate sewage acceptance procedures, including provisions for
spill prevention, discharge limitations, hauler performance guarantee, and enforcement or
permit revocation.
m Explore, evaluate and implement alternatives to existing wastewater treatment processes,
such as ultraviolet radiation or osmosis, to avoid using toxic chemicals such as chlorine and
sodium hypochlorite.
• Reuse or recycle solids (e.g., primary scum) and secondary screenings in areas such as
landscaping. Check tribal regulations for any special requirements for disposal in Indian
country and state and local regulations for any special requirements for disposal outside of
Indian country.
• Post and track statistical control tools to inform all employees of the plants target operating
level and the actual operating level.
* Establish a screening mechanism for procuring chemicals that evaluates non-toxic
alternatives and reduces chemical dependence, thereby lowering hazardous waste use and
avoiding hazardous waste generator status.
18 Be innovative in use and reuse of energy, such as fuel cells operating from methane,
participating in the United States Department of Energy's (DOE) Building Technologies
Program, including using heating/air conditioning controls and room sensors in buildings.
See [http: /wwvv.eere.energv.goy/huildings;program_areas/index.htiTil].
• Use alternative transportation, such as bicycles, at the facility. Offer transit subsidies,
telework, and flex-schedules for employees.
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3.10 PESTICIDE MANAGEMENT
Some tribal governments may
engage in pesticide management,
which includes applying, storing,
and disposing of pesticides.
Exhibit 3-5 presents activities
associated with pesticide
management.
EPA's Pesticide Web site fhttp:/ /www.epa.gov/ pesticides/1 and
Tribal Pesticide Program Web site
[http:,/ / www.cpa.gov/oppfead] / tribes/] provides information
about EPA's pesticide program. EPA's National Agriculture
Compliance Assistance Center Web site
[http:// wvvvv.epa.gov/agriculture/1 is another useful resource.
Exhibit 3-5. Pesticide Management
Because these activities could affect human health and the environment, they may be subject to
federal environmental laws and regulations, as indicated in the following list:
• Application - FIFRA, CWA and ESA;
- Storage - FIFRA, EPCRA, CERCLA, and CAA;
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• Disposal - FIFRA, CWA, and RCRA; and
• Spill/Release Response - EPCRA, CERCLA, AND CAA.
Regardless of who is responsible for pesticide regulation, tribes should understand that misuse of
a pesticide could cause damage to non-target species (i.e., humans, pets, or other animals and
plants). Pesticide labels, which describe when and under what conditions pesticides can be
applied, mixed, stored, loaded, or used, should be followed strictly to prevent indoor pollution
and potential hazards to humans and animals. In addition, federal labeling requirements
establish worker protection standards, which include information on restricted entry intervals
after pesticide usage and personal protective equipment requirements.
3.10.1 PURCHASING PESTICIDES
Purchasing includes the acquisition of pesticides and the equipment used to mix, load, and apply
pesticides. Although these purchases are generally not regulated directly by federal
environmental laws, purchasing decisions can impact the environment. Restricted use pesticides,
which may be highly toxic, must only be purchased and used by applicators certified as
competent to handle such pesticides. See Section 3.10.2.4 for information on restricted use
pesticides.
The purchase of pesticides sold in returnable containers will eliminate a tribe's need to dispose
of the containers, which could be a regulated hazardous waste under RCRA; by returning the
containers to the dealer, tribes also reduce their environmental footprint and risk. In addition, a
tribe may elect to purchase certain types of equipment that apply pesticides more efficiently,
thereby conserving resources, and reducing the environmental impacts of pesticide application.
Tribes also need to keep abreast of timetables for pesticides being phased out under re-
registration actions.
3.10.2 APPLYING PESTICIDES
Pesticide application methods and practices depend largely upon the nature of the application.
Pesticides may be applied indoors (e.g., housing units, schools, other buildings) or outdoors (e.g.
solid waste management units, parks, aquatic uses, wetlands, open range, roadsides, right of
ways, agriculture enterprises, recreational areas, and other tribal lands). Additionally, a wide
range of household products contain pesticides, such as cockroach sprays and insect repellents,
which can be applied without training as long as the label requirements are followed. However,
"restricted use" pesticides can only be applied by certified individuals.
The hundreds of application methods available can be categorized into three major types:
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*> Sub-surface application methods, including injecting the pesticide into the ground to
control subterranean insects (i.e., termites, grubs, and nematodes) and other sub-surface
methods, such as incorporating the pesticide into the soil;
« Surface applications, which include applying pesticides, repellants, disinfectants, or
mildewcides directly to surfaces (e.g., applications to floorboards, structures, animals or
insects, crack/crevices); and
8 Aerial application, including application via aircraft, back packs, and spray booms to apply
pesticides to trees, row crops, and open range, or fumigants to control mosquitoes and
wood-boring insects, such as termites.
Pesticides come in many forms, including gases, sprays, dusts, granulars, baits, and dips.
Pesticide-related activities are primarily regulated under FIFRA, which requires that pesticide
application occur in a manner consistent with product label instructions. All pesticide
management operations must comply with federal pesticide use requirements unless EPA grants
an emergency exemption from the requirements (40 CFR166). The application of pesticides may
also be regulated under the CWA if the tribal government develops BMPs that are included in its
stormwater or wastewater discharge permit.
Indoor pesticide application can occur in agricultural and non-agricultural areas and in any type
of structural or industrial area requiring pest management, including grain silos. Applicators
must follow label requirements for both general and restricted use pesticides. Applicators
applying pesticides indoors must follow guidelines listed under 40 CFR 171, regulating the use
of pesticides in, on, or around the following structures:
• Food-handling establishments;
» Human dwellings;
m Institutions (e.g., schools, hospitals, offices, warehouses, public buildings); and
B Industrial establishments (e.g., warehouses and grain elevators, and any other structures
and adjacent areas, public or private).
The potential environmental impacts from indoor pesticide application are air pollution and
exposure of people, non-target an mals, and plants.
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Tribal governments may be responsible for supervising the use of restricted pesticides in the
following areas or during the following activities:
• Forests, nurseries, and forest seed producing areas;
• Commercial or private agriculture operations;
" Ornamental trees, shrubs, flowers, and turf producing
areas;
* Livestock operations;
» Maintenance of roads, electric power lines, pipelines,
railway rights-of-way, or other similar areas;
B Eradication of noxious weeds, mosquitos, other aquatic
pests, and invasive species;
K Maintenance of irrigation canals; and
R Recreation or other outdoor areas.
Liquid spraying is one of the most common methods of applying pesticides to outdoor areas; it
may be conducted by aerial spraying, tractor spraying, spray rigs, air blasters, hand spraying, or
other liquid spray devices. The potential environmental impacts from outdoor pesticide
application are human exposure and air, soil, and water contamination.
The application of certain pesticides may destroy or adversely affect endangered or threatened
species of fish, wildlife, or plants, and their habitats. Tribal governments must comply with
applicable requirements under the ESA. Tribal governments can work with EPA's Endangered
Species Protection Program to learn more about the protection of endangered species from the
use of pesticides.
Outdoor pesticide activities are regulated under the label requirements and application provisions
of FIFRA. FIFRA also establishes worker protection standards designed to protect agricultural
workers and pesticide handlers. These include
posting warning signs in areas where pesticides
have been applied, restricting entry intervals
after pesticide usage, and requiring the use of
personal protective equipment. See Section
3.10.4.
EPA's Endangered Species Protection Program
Web site fhttp: / / w w w .epa.gov /es pp/1 provides
more information on species protected from the
dangers of pesticides.
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While there is no way to completely remove all traces of a pesticide from application equipment,
at the end of each application, several steps can be followed to protect the pesticide applicator,
the environment, and to ensure that the equipment is left as clean as possible. The steps are:
" Read and follow all label directions to
determine whether personal protection
equipment is required and to determine how
best to clean application equipment and
dispose of rinsate (the washwater that
contains small amounts of pesticide residue);
and
88 Ensure proper disposal of the rinsate.
Depending on the type of application equipment, the following steps should be considered and
used:
« Rinse the inside and outside of the tank with clean water;
« Put in a moderate amount o" clean water and spray it out. A small amount of liquid
detergent added to the water will help clean the inside of the sprayer system;
* Clean the nozzles, nozzle screens, and suction screens with compressed air or a soft brush;
and
" Closely monitor the activities of the pesticide applicator.
Pesticide products are categorized as restricted, general use, or unclassified. A product is
classified as a restricted use pesticide when the product meets certain criteria indicating that it
poses a threat to humans, non-target organisms, or the environment, and labeling cannot
sufficiently mitigate the hazard. For restricted use pesticides, special training in handling and
applying the pesticide is necessary to ensure its safe use. Under FIFRA's regulations, the sale of
restricted use pesticides is limited to certified applicators for use by those applicators or persons
under their direct supervision. Applicators and supervisors of restricted use pesticides must be
certified under Section 11 of FIFRA. Applicators who use restricted use pesticides must be
certified to use pesticides by demonstrating competency in specified areas:
• Label and labeling comprehension;
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* Safety techniques;
• Environmental awareness;
m Pest identification;
« Pesticide application;
" Equipment use;
K Application techniques; and
* Laws and regulations.
Profile of Tribal Government Operations
EPA's Restricted and Canceled Uses Web site
[hlip:.1 www.epa.irov/pesticides.-'i'egnlaiinq-restrick-d.htiTi]
provides more information and a list of restricted use
pesticides.
The use of unclassified products is not limited in any manner, except in cases where a product
label limits the use to a specific group (i.e., veterinarians).
Tribal governments who use certified pesticide applicators must keep and maintain various
restricted use pesticide records. The records must include the types, amounts, uses, dates, and
places of application of all restricted use pesticides. Tribes should keep records of the pesticide
application method and pounds of pesticides use per acre and per crop. The records should also
include information on the weather conditions and soil moisture when application occurred.
3.10.3 WORKER PROTECTION
EPA's Worker Safety and Training Web site
[http://wvvvv.epa.gov/pesHcides/health/worker.hhTi1
provides safety standards informaHon and EPA's WPS
Training site
[http://www.epa.gov/o.ppfeadl/safety/workers/trtim
ing.htm] provides important training informaHon.
Pesticides are designed to (in most cases) kill
pests. Many pesticides can also pose risks to
people. EPA's Worker Protection Standard
(WPS) are designed to protect agricultural
workers from the effects of exposure to
pesticides (40 CFR Part 170). The WPS
standard is aimed at reducing the risk of
pesticide poisonings and injuries among agricultural workers and handlers of agricultural
pesticides. The WPS contains requirements for:
• Pesticide safety training;
18 Notification of pesticide applications;
* Use of personal protective equipment;
• Restricted entry intervals following pesticide application;
» Decontamination supplies; and
• Emergency medical assistance.
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Training is essential for the proper use of pesticides and is key to the success of the WPS. To
protect the health and safety of workers and handlers, employers are responsible for training
them in the safe use of pesticides. Employers may either train their workers arid handlers, or hire
employees who have already been trained. Either way, employers must ensure that their
employees understand the basic concepts of pesticide safety. Employees need to be trained by
qualified trainers and must have the opportunity to ask questions during the training session.
3.10.4 STORING PESTICIDES
Tribal governments may be responsible for storing any unused or excess pesticides. The
recommended procedures and criteria for proper storage apply to pesticides that are classified as
highly toxic or moderately toxic and have DANGER, POISON, or WARNING written on their
labels. FIFRA defines adequate storage as
placing pesticides in proper containers and in
safe areas to minimize the possibility of an
accidental release that could result in adverse
effects on the environment.
EPA's Pesticides, Storage, and Disposal information for
tribe businesses, household consumers, farmers, and
other users can be found at
hep ipi .., pt Hacks it^ul i m^ MOI i._.t. him.
Storage sites should be in a dry, well ventilated, separate area where fire protection is provided
and special safeguards are in effect. . Identification signs should be posted to provide notice of
the contents and hazardous nature of the pesticide. Potential environmental impacts from
pesticide storage are air, soil, and water contamination from accidental releases, as well as
human and animal toxic exposure. Because pesticides are typically stored in large quantities for
future use, accidental releases may be large and have immediate, serious, and detrimental effects
on the surrounding environment.
Temporary storage of highly toxic or moderately toxic
pesticides may occur at isolated sites and facilities where it
is unlikely they will encounter conditions that may cause a
release. Each container should be stored with the label
plainly visible, and the container should be inspected for
corrosion and leaks. If a tribe stores or uses specified
amounts of certain pesticides, it may be subject to the
planning and reporting requirements of EPCRA and Section
112(r) of the CAA. These requirements are described below.
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At present, EPA has established a list of 140 regulated
substances that fall under the Risk Management
Planning regulations of the CAA. These substances
were published in the Federal Register on January 31,
1994; EPA amended the list by rule, published on
December 18,1997. EPA may further amend the list in
the future as needed.
Under Section 112(r) of the CAA, facilities
that any of 140 regulated substances in a
single process are required to develop risk
management programs and to summarize
these programs in risk management plans by
June 21, 1999 (40 CFR Part 68). EPA will
notify the public of risk management plans,
which are intended to prevent accidental
releases of regulated substances and to reduce the severity of those releases that do occur. At
present, EPA implements CAA section 112(r) for Indian country and will continue to do so in
areas where tribes are not authorized under the Tribal Air Rule. EPA has been working with
industry groups to develop model risk management programs. To review the model program,
refer to EPA's Chemical Accident Prevention and Risk Management Planning Web site
[Mill:wAy\y.:cna.^(^ See Section 3.3.1 Chemical Emergency
Preparedness and Prevention for additional information.
Under FIFRA, EPA or a registrant can cancel or suspend the registration of a pesticide or
withdraw authorization for a specific use of a pesticide. In such situations, EPA will request that
all entities having supplies of that pesticide notify the Agency. If a tribal government has any
canceled or suspended pesticides, it must notify the EPA of the amount. EPA will respond with
specific directions concerning handling of the pesticide.
3,10.5 DISPOSING OF PESTICIDES
Pesticide management includes the disposal of excess pesticides that cannot be stored for later
use or are no longer needed. Pesticide disposal can involve incineration, chemical degradation,
burial in a specially designated landfill, or well and soil injection. The potential environmental
impacts from pesticide disposal are air, soil, and water contamination from releases and
accidental exposure of humans and animals. The environmental implications are the same as for
the application process, except that the concentration of the pesticide may be stronger because of
the quantity and mass of the disposed pesticide. The disposal of pesticides is a critical process; if
not properly conducted it can have immediate detrimental effects on the environment.
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Pesticide labels outline proper disposal guidelines. FIFRA, RCRA, and the CWA all regulate
these practices. Disposal activities may require notifying EPA or a local solid waste disposal
facility (landfill or incinerator).
Before disposing of excess pesticide, the tribal government should consider two options:
• Store and reuse any leftover portion at the prescribed dosage rates; and
m 'Return any excess to the manufacturer or distributor for relabeling or reprocessing into
other materials.
3.10.6 POLLUTION PREVENTION IN PESTICIDE MANAGEMENT
Reduction in the use of pesticides in tribal government operations can be achieved by using
Integrated Pest Management (IPM). IPM utilizes regular monitoring to determine if and when
treatments are needed. It employs physical, mechanical, cultural, biological, and educational
practices to keep pest numbers low. Least-toxic pest control methods are used as a last resort.
These alternative methods result in decreased use of pesticides.
Many of the tips listed in Section 3.10.6.2 may not initially appear to be related to pesticide
pollution prevention. However, the use of the tips will result in lowered reliance on pesticides by
making plants healthier, and healthy plants are better able to withstand pest invasions. Although
IPM reduces reliance on pesticides, some pesticide use may still be necessary. In these cases,
pesticides should be used properly and safely.
The following list presents typical waste generated during pesticide management and ways to
handle them:
« Empty containers, including bags, drums, bottles, and cans. Containers should be triple
rinsed or "jet rinsed" prior to disposal. Tripled rinsed containers should be crushed or
punctured to prevent reuse. Containers can be reduced in quantity by buying in bulk;
however, never buy more than is needed. When possible, purchase in recyclable containers
that can be returned to dealers;
• Excess mixture (i.e., the diluted pesticide left over in the spray tank). The best disposal
method is to use it on a site;
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f Excess product (i.e., the unused pesticide no longer needed due to a change in procedures
or because the pest problems are solved). The best disposal method is to find someone who
can use it;
" Rinse water from containers and application equipment. This rinse water can be added to a
tank and used; and
8 Expired pesticides resulting from poor inventory management or from improper storage.
Contact the vendor to inquire if the manufacturer will take back the product. If returns are
not possible, the pesticides should be disposed properly and in a manner consistent with
RCRA's hazardous waste provisions.
The following recommendations can help tribal governments
achieve reductions in pesticide and herbicide applications and
maintain regulatory compliance associated with chemical use,
storage, and disposal.
" Design for water conservation. Group plants with
similar water needs together so they can be irrigated
together, and water will not be wasted on plants that do not need it. Proper watering will
reduce stress on plants and allow their natural resistance to withstand pest attacks without
the need for pesticides.
" Employ Environmental Landscape Management by selecting pest resistant plants, using
sound planting techniques, and correctly manage the established landscape. Choose plants
according to soil characteristics, rainfall, and sunlight conditions. See Section 3.6.9.2
8 Avoid monocultures. Monocultures (single-species planting, such as large areas of grass)
are very susceptible to infestation since most pests are host-specific. Growing different
species together prevents pests from readily spreading.
8 Reduce water runoff by building retaining walls, which direct water to a dry well or other
areas to collect and percolate through soil. If pesticides are used, this will reduce the
likelihood of contaminating nearby water bodies
• Use proper mowing practices. Mow grass with sharp blades. A dull blade rips grass
making larger wounds and increasing susceptibility to disease pathogens. Sharp blades
increase equipment efficiency and reduce wear on equipment. Never cut more than one-
third the height of the grass at a single time.
» Scout the landscape regularly to learn which plants have problems. Most plants (except
grass) seldom have more than one major pest problem. Scouting identifies problems early
and facilities solving problems using IPM without resorting to pesticides.
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m Use pesticides only when needed, not on a prescribed schedule. Use spot treatment
instead of treating the entire area.
• Correctly identify insects prior to treatment. Less than 1 percent of all insects are harmful
to plants. Take care not to harm beneficial insects.
* Use least toxic pest control methods:
« Horticultural oils;
» Insecticidal soaps;
» Natural enemies such as:
Pathogens, like as Bacillus thuringiensis, which infects and controls caterpillars;
Predators, such as purple martins, praying mantises, lady beetles, beneficial nematodes,
and spiders;
Parasites, such as parasitic wasps;
Diatomaceous earth;
Boric acid;
Pyrethrins;
Insect growth regulators, which halt or interfere with the development of an insect before
it matures;
Pheromones, which disrupt normal mating behavior by stimulating breeding pests and
luring them into traps;
Insect traps; and
Mechanical treatments, such as cultivating to control weeds; hand picking of pests off
plants, and sticky trap's.
• Buy pesticides only in small quantities and store them carefully in labeled, airtight
containers. Plan your purchases so pesticides do not expire.
» Understand that pest eradication is generally an unrealistic management objective. An
attempt to totally eliminate a pest is likely to result in excessive pesticide application.
" Outsource pest control sen ices and write IPM requirements into the specifications.
• Keep clutter, excess water sources (e.g., drips or standing water in plants), and food waste
minimized to discourage pests from entering buildings.
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3.11 SOLID WASTE MANAGEMENT
EPA's Waste Management in Indian Country Web site
[http://vvww.epa.gov/epaoswer/non-
hw / tribal/ index.html provides information about EPA's
tribal solid waste program.
Tribal governments may engage in solid
waste management within their jurisdiction.
Some tribes conduct waste management
operations (e.g., waste collection and
disposal) directly. Other tribes contract "~~™''~=l™~~™——™-————— —— —— -
those services to private parties or enter into agreements with neighboring state or local
governments. Proper management of solid waste is critical to public health and community
resources. Exhibit 3-6 presents activities associated with solid waste management.
Because these activities could affect the environment, they may be subject to the following
environmental regulations:
* Collection and storage - CWA;
» Composting - EPCRA, CERCLA, and CAA; and
- Disposal RCRA, CWA, and CAA.
Exhibit 3-6. Solid Waste Management
SOLID WASTE MANAGEMENT
Household
Hazardous Waste
Collection/
Storage
1
r
Landfill Operation
^
r
Municipal Waste
Combustor
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3.11.1 INTEGRATED SOLID WASTE MANAGEMENT
Integrated solid waste management involves using a combination of techniques and programs to
manage a community's waste stream. To account for the variations in waste streams between
communities, tribal government planners can tailor integrated waste management systems to fit
their specific local needs. EPA suggests using the following priorities - in order as tools to
help set goals for integrated waste management systems and meet specific tribal needs.
* Source reduction (waste minimization and prevention);
B Recycling; and
s Disposal.
Information on developing an integrated solid waste management plan (and many other waste
issues) can be found at EPA's Waste Management in Indian Country Web site
[http:.//jv\'\vvv.cpa.,ui()vvtribalms\v/rosourcc-.hlm].
Integrated solid waste management programs typically begin with waste audits - an assessment
of the tribal waste stream.
A waste audit is a formal, structured process used to quantify the amount and types of waste
generated by a tribal government, a tribal facility, or tribal members. A tribe's waste audits
should assess and account for the amount of materials purchased, used, recycled, and disposed
of. Information from audits will help identify current waste practices and how they can be
improved. A waste audit includes four steps:
m Describing current purchases, use and disposal requirements and methods;
8 Identifying amounts and types of materials generated, including those to target for source
reduction;
• Estimating cost savings; and
• Implementing and monitoring the program.
Audits can be done on any type of waste (e.g. paper and office waste, municipal waste,
commercial and industrial waste, construction and demolition waste). There are a number of
different ways to conduct a waste audit, such as visual waste audits, waste characterization, and
desktop audits. The type of audit used depends on the type of waste, where it is to be conducted
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(tribal school, tribal housing, or other tribal facilities or operations), and what a tribe wants to get
out of the audit. Audits help managers determine the most appropriate and effective source
reduction programs for their community. Waste audits are a key to establishing waste and source
reduction programs.
Waste reduction, also known as source reduction or waste prevention, means using less material
to get a job done. Waste prevention methods help create less waste in the first place - before
recycling. Because it avoids recycling, composting, landfilling, and combustion, source
reduction can help reduce waste disposal and handling costs. An example of source reduction is
buying products that use less packaging (buy larger containers or refill containers with bulk
purchases). It also conserves resources.
Tribal governments can establish waste reduction goals that require a percent reduction in the
solid waste stream before a particular year. Tribes can also encourage programs that are directed
at conserving resources and reducing solid waste generation, thereby helping to mitigate the
burden of collection, processing, and disposal practices. There are many ways tribes can modify
their current practices to reduce waste generation; potential activities include:
Incentives for Waste Reduction
"Unit pricing" and "pay as you throw" programs utilize economic
incentives to create less waste. The programs charge for the
collection of municipal solid waste - ordinary household trash -
based on the amount thrown away. This creates a direct economic ... •
incentive to recycle more and to generate less waste. EPA's Pay As :
You Throw Web site [http:-'\'\vv\AV.epa.gov/cpaoswcT/noivJiivy/payt/intro.htm]
provides information about this program and links to related topics.
Another method would be to provide a location for reuse (extra lumber, leftover paint, toys,
windows).
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Paper Products
m Reduce office paper waste;
« Use recycled paper, make double-sided copies;
« Replace hand towels and other disposables with hand dryers or cloth towel machines and
reusable hardware.
Buildings, including Casinos
• Participate in an integrated waste management program;
• Replace disposable kitchenware with reusable cups, plates, knives and forks;
8 Request used pallets;
• Install refillable shampoo and soap dispensers;
• Recycle bingo cards or purchase reusable ones;
B Use recycled plastic for benches, signs, and other fixtures;
H Explore collection and reuse of restaurant grease as biodiesel; and
• Develop compost programs and use mulch in landscaping.
3.11.2 COLLECTING AND STORING MUNICIPAL SOLID WASTE
Solid waste management begins with the collection
and storage of solid waste. Collection involves
either picking up the waste at or near the point of
generation (e.g., curbside or backdoors) or gathering
it from drop-off locations (such as community
dumpsters or transfer stations). "Storage" of waste
at an interim site, prior to recycling or final disposal,
should be as brief as possible to discourage the
formation of odors and the breeding of unwanted
pests (i.e., rats, flies).
RCRA defines solid waste as any garbage or
refuse; sludge from a wastewater treatment
plant, water supply treatment plant, or air
pollution control facility; and other discarded
material, including solid, liquid, semi-solid,
or contained gaseous material resulting from
industrial, commercial, mining, and
agricultural operations, and from community
activities. The main constituent of the latter
group is municipal solid waste, which
includes paper and paperboard, yard waste,
wood, metal, glass, food waste, plastics,
rubber, leather, textiles, household hazardous
waste, and miscellaneous inorganic waste.
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Tribal governments use an array of methods to collect solid waste, including the following:
« Curbside or front yard collection, where containers are placed at the curb or front yard;
• Backyard collection, where containers are carried from backyards by collection crews; and
* Drop-off stations, where residents deliver solid waste to a specified site, such as a transfer
station, local dumpster, or the disposal site itself.
Most activities undertaken during collection are not regulated by any particular federal
environmental statute. Federal guidelines for the collection and storage of residential,
commercial, and institutional solid waste are found at 40 CFR Part 243, but are not binding upon
tribal governments. Of course, there may be tribal environmental or health codes that pertain to
the collection of solid waste.
Once the solid waste is collected, the tribal government or other collection entity may have to
store the waste at an interim location prior to recycling or final disposal. If necessary, such
storage usually occurs at a transfer station. A transfer station is a facility where wastes are
transferred from smaller collection vehicles to larger transport vehicles, such as trucks, tractor-
trailers, railroad gondola cars, or barges. These larger vehicles then transport the waste to its
final destination.
Not all tribal governments have transfer stations. In small communities in which the nearest
landfill is within 10 to 15 miles, compactor trucks take solid waste directly to the landfill. If
stations are used, collection crews take waste to the transfer stations where it is weighed and
either temporarily stored or moved directly into a larger vehicle.
These activities may impact the environment if waste is not contained and is carried away from
the transfer station by wind or stormwater runoff. In addition to tribal building and health codes,
the operation of transfer stations may be regulated under the tribal government's solid waste
ordinance, as well as by any existing CWA NPDES stormwater or CSO permit conditions.
Storage should be on a short-term basis only and should prevent the waste from being released to
the environment. In some conditions, improper storage could be deemed disposal and could
trigger more stringent regulation of the waste.
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3.11.3 RECYCLING AND CowiPostiNG
Profile of Tribal Government Operations
EPA's Resource Conservation Challenge Web site
[http:// vvvyvv. epa.gov /epaosvver/osw/conserve/priori!
ies/ms>\ .htm] provides material on pollution
prevention in construction and maintenance.
Recycling, the next level of the integrated
solid waste management hierarchy, is the
process by which materials are collected
and used as raw materials for new products.
Recycling includes collecting recyclable
materials, separating materials by type, processing them into a form that can be sold as scrap
material, and purchasing and using goods made with reprocessed materials. Recycling prevents
potentially useful materials from being landfilled or combusted, and allows disposal capacity to
be preserved, while saving energy and natural resources. Similarly, composting can play a key
role in diverting organic waste away from disposal facilities.
By definition, recycling does not occur until someone transforms or remanufactures the material
into a usable or marketable product or material. Tribes can locate markets for its recyclable
materials or place that responsibility with the entity responsible for collecting recyclables. This
process is similar to marketing any product or commodity and involves four distinct steps:
* Determining the possible uses of the end product;
• Identifying potential markeis;
» Marketing the product; and
• Developing a collection and transfer system.
Recycling is best when it is as "clean" and separated as possible. In rural
areas, recycling can be very successful when tribes use the process to make a final "product" that
is then sold within the community. In more urban settings, tribes can participate in partnerships
that accomplish recycling in the general scrap market, and do not necessarily lead to a single,
identifiable product.
The major environmental impact associated with recycling is the volume of waste diverted
(reduced) from landfills or incineration. This diversion extends the life of landfills and limits the
volume of wastes being combusted. The most significant environmental impact from these
activities is resource conservation; however, these activities can also significantly reduce criteria
(i.e., carbon monoxide, particulate matter) and toxic (i.e., dioxin) air pollution.
Federal environmental statutes do not directly regulate the recycling of typical solid wastes (e.g.,
paper, plastic, glass, aluminum). Used oil recycling, however, is regulated under 40 CFR Part
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279, which establishes standards for used oil generators, collection centers, transporters and
transfer facilities, processors and re-refiners, burners of off-specification used oil, used oil fuel
marketers, the use of used oil as a dust suppressant, and used oil disposal. Used oil generated by
households is exempt from these requirements but still is prohibited from being released into the
environment.
Many tribal recycling ventures focus on collection in tribal government offices, as well as in
business enterprises, including casinos and hotels, and homes on the reservation. These efforts
are part of the tribes' integrated solid waste management plan and not only reduce waste and
energy usage, but also provide an employment source. Tribal recycling programs can also cover
non-members.
EPA's Composting information is
available at [ii.i| t p.i mu innipusil.
Composting is a process of aerobic biological
decomposition of organic materials to produce a stable
and usable organic topsoil that does not require disposal.
Resources used to create the final compost product originate from the roughly 25 percent of the
municipal solid waste stream that is organic material (i.e., food waste/scraps, yard and lawn
clippings). If paper waste is included, almost 60 percent of the municipal solid waste can be
composted. EPA's Composting Web site [htj^;i\Nww,e^^ provides useful
information.
Three primary activities are associated with composting:
<* Collecting/receiving wastes for composting;
» Processing the wastes (e.g., decomposition); and
8 Marketing.
Tribal governments can collect or receive wastes for composting from a variety of sources,
including tribal business ventures, including casinos, hotels, and schools. Tribal governments
may have active yard waste collection programs, complete with trucks that vacuum up leaves.
Other tribes may have separate yard waste pickup as a part of recycling programs or drop-off
stations for yard wastes. Significant composting wastes also result from recyclable material
separation and processing. Once recyclable materials are removed from the solid waste stream,
the remaining wastes may be suitable for composting. For example, one southern tribe composts
nearly 1,200 pounds of food waste per day from its casino and restaurants. The tribe distributes
the final product to landscapers, nurseries, and homes both on and off the reservation.
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During the processing or decomposition stage of composting, the tribal government may need to
adjust the physical and chemical properties of
the waste to make it more amenable to
composting. For example, it ma> shred or
grind the waste into a smaller particle size,
alter the carbon-to-nitrogen ratio, or add water
to the waste. All of these activities are
designed to facilitate decomposition.
Depending on the types and amounts used,
chemicals added to alter the properties of the
composted waste may be regulated under
EPCRA, FIFRA, or Section 112(r) of the CAA
(risk management plans). Composting that occurs outside may create nuisance odors. Tribal
ordinances may address odor problems.
A key aspect of composting programs is the concept of biosolids recycling. Sewage sludge
biosolids are solid, semi-solid, or liquid residue generated during the treatment of domestic
sewage in a wastewater treatment plant. The requirements for land application of biosolids at 40
CFR Part 503 pertain to materials derived from biosolids (e.g., biosolids that have undergone a
change in quality through treatment, such as composting, or by mixing with other materials, such
as wood chips, municipal solid waste, or yard waste). These regulations specify pollutant limits,
management practices, operating standards, monitoring requirements, and recordkeeping and
reporting requirements.
Composting of household organic: materials is not regulated by any major federal statutes.
Tribes can establish composting programs or ordinances. Composting is encouraged if tribes
create markets for the compost by using it in landscaping or specifying its use at tribal facilities.
Composting can also address odor problems and promote best management practices that
minimize fire risks.
3.11.4 DISPOSAL THROUGH LANCTILLING AND WASTE COMBUSTION
Tribal governments may dispose of solid waste that is not recyclable, compostable, or considered
household hazardous waste. The two primary types of disposal practices are landfilling and
municipal waste combustion (incineration), which may employ conventional techniques or a
"waste-to-energy" approach.
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Landfilling and waste combustion provide the last level of the solid waste management hierarchy
because they manage waste that cannot be reduced or recycled. Some tribes might choose
landfilling as their principal method of managing waste, while other tribes may choose to send
their waste to a municipal waste combustor. Disposal decisions are made based on a variety of
factors, including cost, land availability, population characteristics, and proximity to
waterbodies.
EPA's MSW Disposal Web site
[h Up:/'Avw^'.epa. go v.;epaosvveiviion-h\v/muncpl.'disposal.hinil
provides information on solid waste landfills and solid waste
combustion and incineration facilities.
Some tribal governments own and operate
solid waste landfills for final disposal of the
municipal solid waste generated within
their jurisdictions; other tribes manage
waste for surrounding jurisdictions. Solid
waste landfills provide an engineered facility for the long-term containment of solid waste and
involve the following activities:
* Receiving and depositing solid waste into the landfill;
» Controlling disease vector (pest) populations;
* Managing/monitoring landfill gas production, leachate, and stormwater; and
« Recordkeeping.
Most landfills include a large disposal area that contains numerous smaller cells. Solid waste is
deposited in these cells daily, compacted using specially
designed bulldozers, and then generally covered with
either a thin layer of soil or some alternative cover. The
landfill owner and operator should control the flow of
solid waste into the facility to exclude materials such as
hazardous waste or other materials that should be
managed elsewhere or could be recycled to make the
landfill safer and preserve capacity. Once a cell is full,
it is covered with a final cover designed to limit
infiltration and pest populations, as well as to provide a base for subsequently placing and
growing vegetation on the landfill.
Landfill operations are subject to the minimum criteria for municipal solid waste landfills found
at 40 CFR Part 258. These criteria address location restrictions, operating criteria, design
criteria, groundwater monitoring and corrective action requirements, closure and post-closure
care requirements, and financial assurance criteria. If a municipal solid waste landfill subject to
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this rule does not meet the requirements, it is considered an open dump, which is prohibited
under Section 4005 of RCRA.
Under the CAA, landfills are subject to air emission guidelines (40 CFR Part 60.30c) and a
NESHAP for emissions from landfills (40 CFR Part 63 Subpart AAAA). In addition, landfills
may be regulated under prevention of significant deterioration (PSD), nonattainment area
provisions, and new source perfonnance standards (NSPS) programs.
Landfills do have drawbacks, such as the fact that they eventually leak and can cause
environmental hazards and public nuisances (e.g., odors and pests). Successful maintenance and
landfill operation requires continuous budgeting for leak repair and general upkeep, and for
eventual closure.
Tribal governments must monitor groundwater in close proximity to a tribally run landfill. They
may also be required to employ a series of wells and pipes to extract the landfill gas that is
created as solid waste decomposes in a landfill. This gas consists of about 50 percent methane
(CH4), the primary component of natural gas, about 50 percent carbon dioxide (CCK), and a small
amount of non-methane organic compounds. Instead of allowing landfill gas to escape into the
air, it can be captured, converted, and used as an energy source. Using landfill gas helps to
reduce odors and other hazards associated with these gas emissions, and it helps prevent methane
from migrating into the atmosphere and contributing to local smog and global climate change.
Stormwater runoff associated with landfills may be regulated under the CWA stormwater
provisions.
An alternative method to managing solid waste is combustion, which involves the incineration of
all or a portion of the solid waste stream. Combustion should
take place in specially designed solid waste combustion
facilities and residual ash should be disposed in a landfill which
may be a hazardous waste landfill depending upon the
composition of the ash.
When choosing to use municipal combustion, tribal
governments can retrofit existing facilities, build new facilities,
or enter into partnerships with other tribes or state and local governments. If a new facility is
built, the builder must site, design (incorporating elaborate air pollution controls), permit, and
construct the combustion facility. Once a combustion facility is in place, the tribal government
must ensure its proper operation, provide a relatively constant flow of waste as a feed stream,
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and manage and dispose of the residual ash. Most new incinerators have the capacity to recover
and reuse the energy released during combustion (the "waste-to-energy" process).
Municipal waste combustion is regulated primarily under the CAA (40 CFR Part 60), which
establishes guidelines and standards of performance for both large and small municipal waste
combustors, as well as standards of performance for incinerators. Regulations under RCRA
would only apply if the facility receives and burns hazardous waste. Other CAA regulatory
programs to which combustion may be subject are PSD, nonattainment provisions, NESHAPs,
and NSPS.
The disposal of residual ash from the combustion of municipal waste, including fly ash and
bottom ash, is regulated under RCRA and the law where disposal will take place. Generally,
these two types of ash are combined and then disposed of either at a municipal landfill or a
special ash landfill. Under RCRA, each facility must determine whether the combined ash
constitutes a hazardous waste and, if so, the ash must be managed as a hazardous waste. If the
ash is not a hazardous waste, it can be managed under tribal or state law, which may allow
disposal in a solid waste landfill or provide for disposal in an ash monofill (or impose other
special requirements).
Certain forms of combustion and burning such as bonfires and backyard burning should not be
used as they put toxic substance into the air. They also may violate certain provisions of the
CAA.
Burning of household waste is a long-standing practice in many rural areas, including Indian
country and Alaskan Native villages. New research, however,
shows that it is a major source of toxic emissions, including dioxin,
sulfur dioxide, lead, and mercury, that damage both human health
and the environment. Open burning of household waste creates
significant amounts of dioxins due to the low combustion
temperatures, poor air distribution, and the presence of chlorine,
which is found in almost all household waste components.
Backyard burning of household waste is one of the largest known
sources of dioxin in the nation. f iUBiifliilB^'' *-
Controlling backyard burning and reducing combustion-related
toxic emissions is particularly important to tribes and tribal members. Toxic emissions from
backyard burning accumulate in the food chain by settling on feed crops, which are then eaten by
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More information can be found at EPA's Backyard Burning
site [http://wvvAv.cpa. go v/nisw.'biickyai'tl/].
Sector Notebook Project Profile of Tribal Government Operations
domestic meat and dairy animals. These _____ ,,_,_._m_aajm=_=^^
pollutants also accumulate in the fats of
animals, and then in tribal members when
meat, fish, and dairy products are consumed.
In addition, toxic emissions can cause immediate and long-term damage to the lungs, nervous
system, kidneys, or liver, especially in children, the elderly, and those with preexisting
respiratory conditions. Finally, ash from backyard burning also is likely to contain toxic
pollutants, such as mercury, lead, chromium, and arsenic, which can contaminate vegetables if
scattered in gardens. Children can also accidentally swallow contaminated dirt on their hands
while playing near discarded ash.
Tribes can regulate tribal member backyard burning by establishing and enforcing regulations
and ordinances. EPA, on the other hand, does not generally regulated residential backyard
burning. While tribal regulation may be available, providing and promoting safer waste
management alternatives is essential to reducing backyard burning. Tribes can educate tribal
members about the health and environmental dangers of backyard burning. Tribes can also
promote alternatives to leaf, brush, and trash burning by establishing solid waste collection
programs and encouraging tribal members to compost and reduce, reuse, and recycle.
3.11.5 HOUSEHOLD HAZARDOUS WASTE COLLECTION AND STORAGE
Tribal governments may sponsor basic household
hazardous waste collection programs. These programs
may be single-day or continuous events that provide
for the safe collection, identification, sorting, storage,
and disposal or reuse of household hazardous waste.
Such programs may be operated by the tribal
government or administered under a contract with a
waste management firm. The materials collected
during a household hazardous waste collection
program may be recycled (e.g., used oil), used as a
waste fuel (e.g., solvents), or disposed of properly at
hazardous waste facilities.
Common Household Hazardous Wastes
include: oil-based paint and varnish, paint
and varnish remover, pesticides,
insecticides, herbicides, motor oil, brake
fluid, fuels, antifreeze, oven cleaners, drain
cleaners, bleach, solvents, pool chemicals,
mothballs, dye, nail polish, photo
chemicals, toilet cleaners, fertilizer, metal
polish, floor cleaners, wood strippers,
muriatic acid, creosote, sealants, and both
household and automotive batteries. See
fhttp: cpa.gov rnsw hhw.html
Household hazardous waste poses an environmental and health risk when managed improperly.
These products may contain toxic substances that can be released when they are poured down the
sink, sewer, onto the ground, or when they are landfilled or incinerated. The dangers of such
disposal methods may not be immediately obvious, but certain types of household hazardous
waste have the potential to cause physical injury to sanitation workers; contaminate septic tanks
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or wastewater treatment systems if poured down drains or toilets; and present hazards to children
and pets if left around the house. Thus, many tribal governments have established household
hazardous waste collection, storage, and disposal programs.
Under federal regulation, the collection, transportation, storage, treatment, and disposal of
household hazardous waste are exempt from the regulations applicable to commercial hazardous
waste. In addition, resource recovery facilities that manage municipal solid waste are not subject
to hazardous waste regulations (with the exception of ash that exhibits a hazardous characteristic,
such as toxicity) if they meet specified conditions. Tribes may develop laws that regulate the
disposal of household hazardous waste, including requiring the separation of waste streams.
3.11.6 PARTNERSHIP IN SOLID WASTE MANAGEMENT
Many tribal governments partner with other tribes, as well as state and local governments to
manage solid waste. These partnerships help tribes supplement and combine resources to
effectively establish, manage, and maintain municipal solid waste management projects.
Partnerships offer a variety of benefits, including:
* Implementation of projects that otherwise might be too costly to an individual tribe;
• Pooling of financial and administrative resources for purchase of equipment and
machinery;
• Opening up a variety of waste management opportunities to promote health and safety on
the reservation;
* Reduction of capital costs associated with recycling centers, landfills, and storage
facilities;
8 Job creation for tribal members that participate in the partnership; and
» Increase in ability to comply with all applicable regulations.
Tribes interested in partnerships should contact EPA or contact other tribes directly.
3.11.7 HAZARDOUS AND NON-TYPICAL WASTE
Hazardous waste, including industrial wastes and toxic chemical waste, is governed by RCRA
standards (40 CFR Parts 264 and 265). Tribes cannot be authorized by the EPA to administer
and enforce a hazardous waste program under RCRA. Several tribes do, however, partner with
EPA, states and local governments to provide hazardous waste clean up and storage services.
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In Indian country, generally EPA issues permits to facilities that treat, store, and dispose of
hazardous waste under RCRA. Permits for Treatment Storage and Disposal (TSD) facilities are
designed to control the operations at the facility, and include requirements for:
" Site security, personnel training, and emergency procedures;
8 Waste analysis, handling and recordkeeping;
m Technical standards for tanks, containers, impoundments, and other units;
• Financial assurance;
m Groundwater monitoring; and
« Closure.
TSD facilities are designed to protect soil, groundwater, and air resources by establishing
minimum management standards and precautions. An EPA training module on RCRA
Treatment, Storage, and Disposal Facilities (TSDFs)
[htip://ww\v.cpa.go\vcpaosvvei-/hoHinc-'< 'ninnm. tsJtD5.pdf] provides an introduction to the TSDF standards
in 40 CFR part 264/265, Subparts A through E.
3,11.8 OTHER OPERATIONS THATJWIAY BE REGULATED
Another operation associated with solid waste management is pesticide application. Pesticides
may be used in solid waste management activities to control weed growth and control disease
vectors. Activities related to pesticide use and storage may be regulated under the provisions of
FIFRA, EPCRA, or CAA Section I I2(r). Section 3.10 provides information on pesticide
management.
3.11.9 POLLUTION PREVENTION IN SOLID WASTE MANAGEMENT OPERATIONS
EPA's National Waste Minimization
Program provides information on ways to
promote waste reduction. See
[http:.'-/cpa.gov/wastemin].
Numerous opportunities exist for pollution prevention in
solid waste management operations. As the lead
department for "putting waste in its place," tribal solid
waste departments can show their commitment to waste
reduction by ensuring that their operations prevent
pollution and comply with the applicable environmental regulations. Solid waste managers
engage in a range of activities, most with the potential to cause pollution. These can generally be
categorized as follows:
• Source reduction;
• Collection and storage;
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« Processing - recycling and composting;
K Disposal; and
« Household hazardous waste.
Profile of Tribal Government Operations
With the exception of source reduction, each category generates wastes as described below.
Curbside collection or drop off facilities are provided for solid waste and recyclables, and other
materials and special wastes. Key wastes generated by collection operations include used motor
oil and filters, antifreeze, batteries, parts washer solvent, used hydraulic oil, tires, used vehicles
and vehicle parts, and air emissions.
The processing of recyclables at material recovery facilities, solid waste at transfer stations, and
yard waste at compost sites, often generates waste. Key wastes include dust from compost sites,
hydraulic oil, site runoff, recycling residues, electrical transformers, and spilled fuels.
Waste disposal includes landfill and waste-to-energy facility
operations. Key landfill wastes include leachate and air
emissions. Key waste-to-energy facility wastes include bottom
ash, fly ash, bulky materials, air pollution control residues, air
emissions, and wastewater.
Tribal governments that operate household hazardous waste
collection operations typically assume generator status for
household materials upon acceptance at the collection point.
Problematic wastes include PCBs and mercury from fluorescent
ballasts and lights, paints, and computer monitors.
Overall
Perform a waste audit - understand the waste stream in order to identify high priority items for
source reduction and reuse (e.g., textiles, yard waste, construction and demolition material).
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Collection
8 Establish a "take back" program with motor oil suppliers to provide re-refined oil;
B Use in-line oil filters to reduce frequency of oil filter disposal;
8 Capture and recycle on site spent antifreeze;
8 Convert parts washer to aqueous-based systems or biodegradable solvents;
• Convert fleet to natural gas as feasible;
18 Maximize collection efficiency (minimize trips) by using route management software and
multi-purpose vehicles;
H Recycle tires and utilize retread tires where appropriate;
• Specify tires for maximum durability; and
B Replace mercury thermometers in clinics and/or provide thermometer exchange for
residents.
Processing
K Establish a preventative maintenance program for all major pieces of equipment to
minimize potential fluid discharges.
B Capture and recycle spilled hydraulic oil using oil absorbent material.
" Minimize recycling residues through on-going education of customers, limits on
compaction equipment, and employee training.
<* Maximize acceptability of compost products by minimizing heavy metal content of source
materials, including pretreatment requirements for industrial contributors and increased
frequency of street sweepings.
Disposal
m Minimize landfill site runoff by capturing and recirculating leachate and developing
effective stormwater management plans.
• Capture and reuse methane gas generated at landfill sites.
m Minimize hazardous nature of incinerator ash by implementing battery recycling and
household hazardous waste collection programs.
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Household Hazardous Waste
Educate household hazardous waste participants to "use it up," provide a waste exchange for
unopened materials, and bulk containerize latex paint for reuse or resale.
Other
Establish a preventative maintenance program for electrical equipment and require
equipment vendors to take back all devices with mercury switches or PCB transformers;
Replace USTs with above ground tanks with proper containment systems; and
Minimize pesticide usage through litter prevention, site management, and integreated pest
management programs.
3.12 VEHICLE/EQUIPMENT MAINTENANCE
Tribal governments may operate, maintain, and
purchase motor vehicles and equipment to perform
government services. Vehicles range from school
buses, fire engines, snowplows, and heavy
construction equipment to automobiles used by police
and fire departments and government officials. Equipment may include pumps, tools, and
boilers. Exhibit 3-7 shows the different types of fleet operations, including vehicle repair shops,
fueling stations, and purchasing operations.
The National Automotive Environmental
Compliance Assistance Center
[littp://uwvv.ccai-<.;i'(.'enlink.t)rty/1
provides information about maintenance
and compliance.
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Exhibit 3-7. Vehicle Fleet Activities
3.12.1 VEHICLE REPAIR SHOPS
Vehicle repair shops conduct several activities that could affect the environment; these activities
may be regulated under the following federal environmental laws:
• Fluid changes RCRA, SDWA, and CWA;
» Parts washing - RCRA, CAA, and CWA;
" Battery maintenance - RCRA and CWA;
K Air conditioner repair-CAA.;
" Vehicle and shop floor washing - CWA;
• Exhaust system repair and ^placement - CAA;
» Painting - RCRA and CAA; and
" Outdoor material storage - CWA and RCRA.
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Exhibit 3-8 illustrates some typical auto shop activities and provides an illustration of activities
that are not in compliance.
Exhibit 3-8. Repair Shop Activities
Changing vehicle fluids includes oil, transmission, and break lubrication, as well as antifreeze.
Changing fluids also involves storing both new and waste fluids and managing or disposing of
waste fluids. Fluids generally are drained from the vehicle to a pan or bucket placed below the
vehicle. Full pans or buckets are then dumped into a larger container, such as a 55-gallon drum,
UST, or AST, prior to off-site disposal. The potential environmental impacts from fluid changes
are soil and water contamination from spills or improper disposal. Disposal of these fluids by
infiltration through shallow disposal systems is prohibited by the SDWA's Class V rule.
Storage of new materials may be regulated under the SPCC provisions of the CWA, which
require development of a spill prevention plan that generally includes a requirement to provide
secondary containment for all tanks and drums. Storage, recycling, and disposal of waste fluids
are regulated under the used oil provisions of RCRA. The used oil provisions require used oil to
be stored in structurally sound containers labeled with the words "used oil only" and ultimately
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recycled or burned for heat. Fluids disposed of or spilled in floor drains or surface drains or
otherwise released from the facility property are regulated under the NPDES, pretreatment, or
stormwater provisions of the CWA. These provisions require notifying EPA or the treatment
plant about oil spills, complying with permit provisions, and preventing untreated fluids from
reaching surface waters. Fluids stored in underground tanks are regulated under the UST
provisions of RCRA, which require that the tanks maintain spill prevention and leak detection
devices and be made of specified structurally sound materials.
Washing vehicle parts consists of immersing the small parts, such as nuts, bolts, or carburetor
pieces, into a solvent bath of chemical or water-based solvent or spraying them with a chemical
or citrus-based solvent. Washing vehicle parts also may include spraying shop rags with solvent
and rubbing the solvent on the part to clean it. Chemical solvent washers often consist of a metal
sink attached to a 20-gallon drum of solvent. When the solvent is no longer usable, the drum is
replaced. Water-based solvent washers consist of an enclosed bath with high-pressure sprayers.
The use of chemical solvent washers is regulated under the cold solvent bath section of the CAA,
which requires sink lids to be kept closed and specifies additional practices to minimize the
release of hazardous air pollutants. The disposal and recycling of used chemical solvent are
regulated under RCRA, which specifies disposal methods. The disposal of wastewater from
water-based solvent washers is prohibited from injection under the SDWA and may be regulated
under the pretreatment program or NPDES programs of the CWA. The disposal of solvent-
contaminated rags may be regulated under RCRA.
Maintaining vehicle batteries includes testing, changing, storing, and disposing of new and used
vehicle batteries. The storage of batteries may be regulated under the NPDES stormwater
provisions of the CWA, which require that batteries be contained and covered to prevent
potential leaks from coming in contact with stormwater. Disposal of batteries may be regulated
under RCRA, which requires that batteries either be returned to a supplier or recycler or meet
stringent disposal requirements.
Repairing vehicle air conditioners includes adding, removing, and recycling CFC refrigerants, as
well as performing general maintenance on vehicle air conditioners. These activities are
regulated under the CAA provisions designed to prevent ozone depletion by requiring the
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capture and recovery of used refrigerants, the use of certified recycling equipment, and the
training and certification of operators.
Washing vehicles and shop floors including spraying water and detergent on vehicles and floors
and discharging the washwater through a drain to a septic tank is prohibited under SDWA.
Some facilities may dump used washwater on the ground outside of the facility, which is
generally improper. Washing vehicles and shop floors may be regulated under the pretreatment
program or NPDES program of the CWA. These sections may require the facility to obtain
permits, install oil and water separators, or comply with other provisions designed to prevent
contaminated wastewater from reaching the environment.
Repairing or replacing exhaust systems consists of repairing or
replacing catalytic converters. Any work that affects vehicle
emissions is regulated under the CAA, which requires that records
be kept of all converter repair and replacement, and specifies
procedures for ensuring that removed converters are properly
replaced.
Vehicle painting includes overall body painting, touch up, paint and thinner mixing, and
unusable paint and thinner disposal. Vehicle painting often is conducted in an enclosed room or
booth that has positive pressure ventilation to ensure that paint fumes leave the room, rather than
being inhaled by the painter. To minimize air pollution, air filters are placed in the vents and
changed regularly. Vehicle painting also includes changing and disposing of these filters. If
significant quantities of paints containing hazardous materials are used or if the tribal
government is located in a designated geographic area, air emissions from painting operations
may be regulated under the CAA, which may specify the type of ventilation system required and
the frequency for changing the filters. The disposal of air filters used to filter emissions from
paints containing hazardous materials, disposal of many unusable paints, and disposal of spent
thinners is regulated under RCRA. Preparing a vehicle for painting (e.g., stripping, sanding)
may also be regulated under RCRA because such activities may result in the generation of a
hazardous waste.
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Due to space and safety concerns, many vehicle repair shops store drums of used and new fluids,
hazardous materials, batteries, vehicle parts, or other wastes outside of the shop. The storage of
any materials that could reach waterways through spills or stormwater runoff are regulated under
the NPDES direct discharge or stormwater discharge provisions of the CWA, which require that
the facility prevent these materials from coming in contact with stormwater.
3.12.2 FUELING STATIONS
Tribal governments operate and maintain vehicle-fueling stations to provide fuel to their
vehicles. Because these activities could affect the environment, they are regulated under
environmental laws and regulations, as indicated below.
- Fuel storage - CWA and RCRA;
« Fuel dispensing - CAA; and
" Disposal of spilled unusable fuel - RCRA and SDWA
Vehicle fuels, including gasoline, kerosene, and diesel fuel, are stored in underground or
aboveground storage tanks that are connected by piping to a fuel-dispensing unit. The operation
and maintenance of these tanks may be regulated under the SPCC section of the CWA, which
requires development and implementation of spill prevention plans and secondary containment
for aboveground tanks, and/or under the UST section of RCRA, which specifies structural,
monitoring, and leak detection requirements for underground tanks. See Section 3.6.5.
"' ^\4 ' ' • h • ^ ^ v
Fuel dispensing units used at tribal government facilities are similar or identical to those used at
retail service stations and could emit organic vapors to the atmosphere. In some areas,
dispensing is regulated under the CAA, which may require the dispensing units to have vapor
recovery systems at the point of fueling and at the location where the aboveground or
underground fuel storage tanks an; filled. In addition, fuel-dispensing units are required to
dispense fuel at a prescribed gallons-per-minute rate to prevent spills.
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In the course of fueling or fuel loading operations, fuel may be spilled. Fuel that cannot be
dispensed into a vehicle for use must be disposed of properly. The disposal of this fuel may be
regulated under RCRA, which sets requirements for handling, storage, and ultimate disposal of
hazardous wastes. A repair shop may be required to report any spill to tribal authorities.
3.12.3 PURCHASING
Purchasing includes the acquisition of vehicles, equipment, and materials. The purchasing of
clean fuel vehicles for tribal governments with large vehicle fleets may be regulated under the
CAA. Other purchasing decisions, such as the purchase of hazardous or water-based solvent,
can directly impact whether the fleet operations are subject to additional environmental
requirements.
3.12.4 POLLUTION PREVENTION IN VEHICLE/EQUIPMENT MAINTENANCE
Pollution prevention opportunities abound in the area of vehicle and equipment maintenance.
Usually, three factors contribute to the level of success of a pollution prevention plan. The first
factor involves auditing current procedures, researching pollution prevention opportunities, and
committing to make appropriate and beneficial changes. This step requires researching
alternative products and funding equipment purchases. The second factor is funding. Generally,
present funding can be reappropriated in a phased plan to purchase new equipment, products,
and/or contract services. The third factor deals with the regulatory requirements and contract
services available based on the facility's location. Some facilities base their decisions for a
pollution prevention plan on the regulatory requirements contained in RCRA, OSHA, and/or
tribal regulations.
Pollution prevention technology implemented under this approach will enhance the safety of
workers, improve regulatory compliance, and may lower the operating costs of the facility.
There are many options for pollution prevention, depending on the waste stream's characteristics
and regulatory requirements. Some of the best ideas for pollution prevention can come from
mechanics who perform the tasks every day, but changing old habits is the key to pollution
prevention success. The remainder of this section highlights pollution prevention options by
waste stream.
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Cleaning solvents;
Anti-freeze/coolant;
Used/soiled shop rags;
Unrecovered Freon from air conditioners;
Oil/lubricants; and
Scrap metal.
There are many different types of parts cleaning systems. Some utilize a pump to circulate
cleaning solvent/solutions. These machines can be managed by the facility or contracted to a
service that maintains the system and hauls away any generated wastes. The type of system and
the solvent/solution (e.g., organic based, aqueous, citrus based) used in the system will determine
the applicable regulatory management requirements and pollution prevention opportunities.
Some systems have a distiller to clean the solvent and a reservoir tank to hold the waste that is
"cooked" out, while others utilize filters to extract impurities. Protecting the integrity of the
cleaning solvent/solution in order to extend its life and reduce disposal quantities is pollution
prevention. For example, it may :>e possible to avoid reaching a regulated threshold by
managing system use, including purchasing a different system or altering filter types. Also, there
are aqueous-, semi-aqueous, and citrus-based systems that offer unique opportunities for
pollution prevention. With any oF these types of systems, it is important not to introduce any
non-compatible solvents/solutions into them that would cause them to become regulated
hazardous waste.
Some Factors to Consider in a Filtered System
m Utilizes non-chlorinated solvents in the system;
" Has a high flash point solvent of more than 140 degrees;
• Has a closing lid for when the system is not being used to reduce evaporation and air
emissions;
" Can meet all regulatory requirements regarding disposal of filters; and
8 Meets OSHA safety requirements.
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Some Factors for Aqueous Solution Systems
The system cleans to the standard required for the part to function properly;
There will be minimal regulatory restrictions if disposal of the solution is required; and
A balance needs to be maintained for the bioremediation in the system to work properly.
Key Tips. Maintain the solution/solvent integrity to extend the solution/solvent life and increase
the frequency of filter replacement to reduce disposal costs of solvent/solution. Let the part sit in
the washbasin and drip dry to reduce solvent "drag out" loss. Choosing aqueous systems may
reduce regulatory requirements all together.
Chlorinated solvents/solutions should not be used in any application to
clean parts. Avoid using any aerosol cleaning products that are not RCRA
approved. The use of these types of solvents/solutions can cross
contaminate fluids and make them regulated under RCRA and increase
OSHA requirements. Solvent/solutions purchased in bulk and applied with
self-pressurizing applicators will reduce the use of the product and waste
containers. Pre-cleaning with a putty knife and wire brush and utilizing recyclable shop rags will
also reduce disposal cost and excess use of solvents/solutions. Verify compatibility of the with
the parts washer's solvent/solution. Aqueous solutions may be the best option when utilized
properly. There are pre-cleaning solvents/solutions that can affect the parts washing tank if, after
use, further cleaning of a part is required in that system. Eliminate overuse and set standards on
the amount of cleaning required for the particular part to function properly.
Some Factors to Consider in a Self-pressurizing System
" Use of non-chlorinated solvents.
m Solvent/solution is compatible with the parts washer.
" Sol vent/solution's contents affect on RCRA/OSHA regulatory requirements.
• Does the manufacturer/supplier offer system product support and/or training?
Key Tips. Utilizing a scraping device and/or wire brush, recyclable shop towels, and a non-
regulated RCRA solvent/solution will reduce usage and hazardous waste regulatory
requirements. Solvents/solutions with low VOC and low toxic contents produce fewer emissions
that are harmful to the employee.
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Using manufacturer-specified antifreeze/coolant is required to maintain warranties and extend
the life of the vehicle/equipment. Antifreeze/coolant can be recycled in
various ways, to manufacture specifications and for reuse on site. The
facility should verify that the vehicle/equipment warranty would be
honored if this reused antifreeze/coolant were utilized. One method to
recondition used antifreeze/coolant is to utilize a mobile service to perform
on-site recycling at your facility. Verify that the service is licensed, and
have a neutral third party laboratory test results to demonstrate the system
works, and guarantees the product. Another approach is to purchase and use an on-site recycling
machine. This allows full management of the system's use and the quality of the product it
produces. Either one of these will reduce new product purchases and associated RCRA disposal
costs, as well as ensure a readily available product.
Some Factors to Consider in Choosing the Best Method for the Facility
• Verify warranty coverage of the vehicle/equipment for the system/service chosen.
» Verify disposal approval for filters generated from the recycling system.
- See if bulk containers for used/recycled anti-freeze are available and proper storage can be
achieved.
Key Tip. Whatever method is chosen, tribes should make sure testing and warranties of the
system's product are backed, and the manufacturer of the vehicle/equipment allows for the use of
the reconditioned anti-freeze/coolant.
Do not use disposable shop rags. Obtain and use reusable rags, contract with a company to
deliver clean (reusable) rags and pick up dirty (reusable) rags. Verify that the service selected
has an approved method and facility for recycling the rags. The only exception to utilizing a
service is if the facility's nonregulated waste is disposed of at a waste-to-energy plant that can
incinerate waste rags. Remember, never use chlorinated solvents regardless of the
recycling/disposal method.
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There are several manufacturers that have different machines that will recover Freon from a
system for off-site recycling. Other machines recover and recycle the Freon and then place the
recycled Freon back into the repaired unit. These types of machines reduce new Freon purchases
and disposal costs associated with the management requirements of the waste stream. If the
repair of air conditioners is performed offsite, tribes should verify that the company handles
generated waste consistent with applicable regulations.
Some Factors to Look for in Selecting a Machine
• Is regulatory approved and registered?
" Is backed by third party test results verifying efficiency?
* Has factory warranty and supplier training?
There are several types of lubricating oils in the various types of
vehicles/equipment in use today. Changing these oils should be
performed as determined by use and not according to specific dates. If
the vehicle/equipment is underutilized and/or is only needed for a
specific task, changing the oils by a timed date is a waste of resources.
Synthetic oils generally have a longer span of time for use before a
change is required. When choosing the correct lubricant, verify
warranty approval and track the miles/hours of use of the product in the
vehicle/equipment. Check various disposal options to see if refining of
the waste oils is available over fuel blending for incineration. Keep non-compatible oils separate
from one another to reduce possible cross contamination and increased disposal cost.
Most replaced parts are made of metal. Some metal parts must be exchanged for the new part
when purchased. Many parts can be recycled, saving the facility disposal costs. Lead tire
weights, broken engine brackets, nuts and bolts, and body parts are just a few that have value for
recycling. Set up places to store the recyclable metal, preferably out of the weather, and contract
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with a scrap dealer to pick up the recycled parts at the facility on
an as needed basis. Some scrap dealers will supply the container
to the facility for the storage of the metal to be recycled. The
scrap dealer may require separation of the different metals.
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CHAPTER 4. SUMMARY OF FEDERAL AND TRIBAL REGULATORY PROGRAMS
There are more than a dozen major federal
environmental laws applicable to Indian country.
S66 ['''Up:' epa. goy/coinpliancc/ basics laws, him!].
This chapter discusses the federal regulations
that may apply to tribal government operations.
The purpose of this chapter is to highlight and
briefly describe the applicable federal
requirements and to provide citations. This chapter also discusses EPA's role in directly
implementing and enforcing federal environmental laws in Indian country and the process
through which tribal governments can assume responsibility for implementing certain federal
environmental programs.
In addition to the federal environmental programs discussed in this chapter, tribal governments
may use their own inherent authority to develop environmental laws.
DIRECT FEDERAL IMPLEMENTATION OF ENVIRONMENTAL LAWS IN INDIAN COUNTRY •
EPA's ROLE AS REGULATOR
Environmental program responsibility requires capability and significant resources, among other
things. Tribal governments do not always find it practical to assume full responsibility for EPA
programs. Based upon a variety of factors, often including program costs, assistance and
maintenance costs, and availability of technical expertise, tribal governments may focus on
certain high-priority activities, but may decide not to assume an entire regulatory program.
When tribes decide not to undertake certain activities under EPA's programs or not to apply for
entire programs, EPA will seek to directly implement the environmental programs, as
appropriate. EPA may also directly implement certain environmental management programs
where federal statutes preclude tribal eligibility.
TRIBAL ASSUMPTION OF FEDERAL ENVIRONMENTAL PROGRAMS
In the EPA Indian Policy, EPA announced its support for tribal assumption of environmental
programs under federal statutes, stating, among other things, that "[t]he Agency will recognize
tribal governments as the primary parties for setting standards, making environmental policy
decisions, and managing programs for reservations, consistent with Agency standards and
regulations."
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Three environmental statutes - the Safe Drinking Water Act (SDWA), the Clean Water Act
(CWA), and the Clean Air Act (CAA) - explicitly authorize EPA to "treat tribes in the same
manner as states" (TAS) for purposes of implementing various environmental programs. In
addition, the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) explicitly include a provision that affords tribes substantially the same treatment as
states with respect to certain provisions of the Act, while the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) also provides a role for tribes. Although the Toxic Substances Control
Act (TSCA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) do not
explicitly provide for TAS, EPA has taken the position that it has the discretion to approve tribes
to implement certain programs in the same manner as states in order to fill gaps in how the
statutes are implemented in Indian country.
For tribes to assume many of EPA's regulatory programs, they generally must go through the
TAS process and meet the following criteria:
• The tribe must be federally-recognized;
• The tribe must have or be able to exercise substantial governmental powers;
• The tribe must have or have been delegated jurisdiction over the area in question; and
• The tribe must be reasonably expected to have the capability to effectively implement a
program.
In general, once a tribe has been deemed eligible for one EPA program, it need only establish
that it has jurisdiction and capability for each subsequent program. If a tribe does not have
capability, it must have a plan for acquiring capability over time. A capability showing is
required because each program may require different skills and activities to provide protection
that meets the requirements of specific statutes and regulations.
Perhaps the most important of the tribe-specific eligibility criteria is whether the functions to be
exercised by a tribe are within the applicant tribe's jurisdiction. EPA asks tribes that are
applying for regulatory programs :o demonstrate in their applications that they have adequate
jurisdiction over the areas to be regulated. Under principles of federal Indian law, tribes
generally have inherent sovereign authority to regulate both their members and land held in trust
(although specific statutes may have affected this general principal for some tribes). Depending
on the scope of the application, EPA may also need to evaluate whether a particular tribe has
jurisdiction over nonmember activities on nonmember-owned fee lands within the boundaries of
an Indian reservation. Jurisdiction over nonmember activities on fee lands may come from two
potential sources: a tribe may have inherent authority over these activities; or Congress may, by
statute, delegate federal authority to a tribe. Tribal applications for authorization to administer
the program are sent to EPA's Regional Administrators.
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EPA has made a number of "treatment in the same manner as a State" determinations for tribes,
most of which involved findings that tribes are eligible for grants under the CWA. EPA has
approved twenty-seven tribes to set water quality standards under section 303 of the CWA. One
tribe has received primacy under the SDWA. Five tribes have received program approval under
the CAA. Approximately 30 tribes operate pesticide certification or enforcement programs
authorized by FIFRA under cooperative agreements with EPA.
4.3 THE CLEAN AIR ACT
The CAA is designed to "protect and enhance the nation's air resources so as to protect the
public health and welfare and the productive capacity of the population." The CAA directs EPA
to establish national standards for ambient air quality and for EPA, tribes, and states to
implement, maintain, and enforce these standards through a variety of mechanisms; tribes are
expressly eligible for TAS. CAA regulations appear at 40 CFR Parts 50-99. EPA's Tribal Air
Web site [Imjr;,;\vww,eji;Lggv/air:inbal/] provides information about CAA issues affecting tribes.
The Clean Air Act Tribal Authority Rule establishes eligibility requirements for TAS, EPA's
Tribal Air Program Resources site [hUjriiwwwxjra,^ provides information.
For training, technical information, and resources related to the CAA, see Appendix E.
• National Ambient Air Quality Standards. EPA establishes national ambient air quality
standards (NAAQSs) to limit levels of "criteria pollutants:" carbon monoxide, lead,
nitrogen dioxide, particulate matter, ozone, and sulfur dioxide. Geographic areas that meet
NAAQSs for a given pollutant are designated as attainment areas; those that do not meet
NAAQSs for a given pollutant are designated as non-attainment areas. Under Section 301
of the CAA, tribes may, but are not required to, apply to develop a Tribal Implementation
Plan (TIP) to identify sources of air pollution and to determine what reductions are
necessary to meet federal air quality standards. Revised NAAQS for particulates and ozone
became effective in 2004.
m New Source Performance Standards. EPA establishes New Source Performance
Standards (NSPS), which are nationally uniform emission standards for new and modified
stationary sources falling within particular industrial categories. NSPSs are based on the
pollution control technology available to that category of industrial source (see 40 CFR Part
60).
m National Emission Standards for Hazardous Air Pollutants. EPA establishes National
Emission Standards for Hazardous Air Pollutants (NESHAPs) to control particular
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hazardous air pollutants (HAPs). Section 112(c) of the CAA directs EPA to develop a list
of sources that emit any of 188 HAPs and to develop regulations for these categories of
sources. To date, EPA has listed 185 source categories and developed a schedule for
establishing emission standards. The emission standards are developed for both new and
existing sources based on "maximum achievable control technology" (M ACT). MACT is
defined as the control technology that achieves the maximum degree of reduction in the
emission of HAPs, taking into account cost and other factors.
• Mobile Sources. Title II of the CAA pertains to mobile sources, such as cars, trucks,
buses, and planes, as well as small engines, like lawn mowers, and large stationary engines
used in industry and pipelines. EPA uses technology forcing emissions requirements,
reformulated gasoline, automobile pollution control devices, and vapor recovery nozzles on
gas pumps, among other mechanisms, to regulate mobile air emission sources. While
almost all mobile source regulation is reserved exclusively for EPA, eligible and approved
TAS tribes may participate in enforcing mobile source enforcement through vehicle
inspection and maintenance programs; states are required to participate in such programs.
B Sulfur Dioxide/Nitrogen Oxide Emissions. Title IV of the CAA establishes a sulfur
dioxide/nitrogen oxide emissions program designed to reduce the formation of acid rain.
Sulfur dioxide releases can be reduced under a "cap and trade" program by granting to
certain sources limited emissions allowances, which are below previous levels of sulfur
dioxide releases. Commercial electric generators (natural gas, oil or coal fired) are the
primary subjects of this title. Tribal governments that own and operate municipal waste
combustors, sewage sludge incinerators, or large boilers/generators may be subject to these
requirements. Tribal governments with these types of sources may choose to seek to obtain
federal regulatory authority over this program.
* Major Source Permit Program. Title V of the CAA requires that all "major sources"
(and certain minor sources) of air pollution obtain an operating permit, and such sources
may be required to submit information about emissions, control devices, and the general
process at the facility in the permit application. Permits may limit pollutant emissions and
impose monitoring, record keeping, and reporting requirements. One purpose of the
operating permit is to include in a single document all air emissions requirements that apply
to a given facility. Tribal governments may apply for eligibility to issue and monitor Title
V permits.
• Stratospheric Ozone Protection. Title VI of the CAA is intended to protect stratospheric
ozone by phasing out the manufacture of ozone-depleting chemicals and restricting their
use and distribution. The production of "Class I" substances, including 15 kinds of
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chlorofluorocarbons and chloroform, was phased out (except for essential uses) in 1996.
EPA's Stratospheric Ozone Information Hotline, at (800) 296-1996, or the Ozone Depletion
Web site [hturiAv.\v\^rjaj^n../ozone/'], provides general information about regulations
promulgated under Title VI of the CAA.
• Risk Management Planning Section 112(r) of the CAA mandates a federal focus on the
prevention of serious chemical accidents that could affect public health and the
environment. Under these requirements, facilities must identify and assess their chemical
hazards and carry out certain activities designed to reduce the likelihood and severity of
accidental chemical releases. Information summarizing these activities is available to
tribes, the public, and all other stakeholders. Using this information, tribes and tribe
members can work with industry to reduce risks to the community from chemical accidents.
In the broadest sense, risk management planning relates to tribal emergency preparedness
and response, to pollution prevention at facilities, and to worker safety. In a more focused
sense, it forms one element of an integrated approach to safety and complements existing
industry codes and standards. The risk management planning requirements build on the
Occupational Safety and Health Administration's (OSHA) Process Safety Management
Standard.
• CAA Implementation in Indian Country. EPA is authorized to directly implement the
CAA in Indian country. However, over 100 tribes are now pursuing the development of air
quality management programs, and many more have expressed an interest. Many tribes are
monitoring their air for a variety of pollutants, from ozone and particulate matter, to
mercury and acid rain, as well as developing emission inventories to understand the sources
of air pollution on the reservations. Some tribes have been approved to implement CAA
provisions and are developing TIPs to address violations of air quality standards; such
tribes expect to apply for approval to run ongoing programs in the near future. Other tribes
are developing operating permit programs for both major and minor sources of air
pollution.
Many are actively participating in partnerships with EPA and state regulators to address air
quality problems that cross jurisdiction boundaries. An example of these partnerships is air
toxics risk assessments being done cooperatively in the Phoenix area by three tribes and the
State of Arizona. In addition, as many as 70 tribes are active partners in regional haze
planning organizations, and around 100 tribes participate in the Western Regional Air
Partnership.
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4.4 CLEAN WATER ACT
The primary objective of the CWA is to restore and maintain the chemical, physical, and
biological integrity of the nation's surface waters. Pollutants regulated under the CWA are
classified as either "toxic" pollutants; "conventional" pollutants, such as biochemical oxygen
demand (BOD), total suspended solids (TSS), fecal coliform, oil and grease, and pH; or
"nonconventional" pollutants, including any pollutant not identified as either conventional or
priority. The CWA is implemented via several regulatory programs, including:
• National Pollutant Discharge Elimination System Program. The CWA regulates both
direct and indirect discharges. The National Pollutant Discharge Elimination System
(NPDES) program (CWA Section 402) controls direct discharges into navigable waters.
Direct discharges come from "point sources" which are defined as any "discernible,
confined, and discrete conveyance, including but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fixture, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel, or other floating craft from which
pollutants are or may be discharged." These include discharges of industrial and municipal
wastewater, as well as storm water conveyed through a municipal separate storm water
system (MS4). EPA's NPDES Web site [ME;£yjM\^a^oAZQDi!ci.S:G provides technical and
regulatory information about the NPDES permit program, which controls water pollution
by regulating point sources (e.g., pipe, ditch) that discharge pollutants into waters of the
United States.
NPDES permits, issued by either EPA or an authorized tribe (or an authorized state or U.S.
territory) contain industry-specific, technology-based and water quality-based limits, and
establish pollutant monitoring, record keeping and reporting requirements; to date, EPA has
not authorized any tribes to administer the NPDES program. A facility that proposes to
discharge into the nation's waters must obtain a permit prior to initiating a discharge. The
permit will set the conditions and effluent limitations under which the facility may
discharge.
An NPDES permit may include discharge limits based on tribal water quality standards that
are established under the CWA, and which are designed to protect designated uses of
surface waters, such as supporting aquatic life or recreation. These standards, unlike the
permit technology-based standards, generally do not take into account technological
feasibility or costs. Water quality standards may vary from site to site, depending on the
use classification of the receiving water body. When establishing water quality standards
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and associated water quality criteria, tribes may elect to follow EPA guidelines, which
propose aquatic life and human health criteria for many of the 126 priority pollutants.
m Combined Sewer Systems Permit Provisions. NPDES permits for municipalities with
combined sewer overflow (CSO) must conform to EPA's CSO Control Policy. The
permitting provisions include minimum technology-based controls that can reduce the
prevalence and impacts of CSOs and that are not expected to require significant engineering
studies or major construction. Communities with combined sewer systems are also
expected to develop long-term CSO control plans that will ultimately provide for full
compliance with the CWA, including attainment of water quality standards. EPA's CSO
Web site [http: cipub.ep3.gov^npdes/home.dm?program_id=5] provides technical and regulatory
information about CSOs.
• Storm Water Discharges. EPA's Storm water Program
[M^iMnui^&EOvm^ is part of the NPDES program and is
designed to regulate the discharge of contaminated stormwater (and contaminated
discharges from storm sewers that are only supposed to discharge storm water) into
navigable waters.
EPA implemented the storm water program in two phases. Phase 1 of the stormwater
program applies to medium (serving a population from 100,000 to 250,000) and large
(serving a population greater than 250,000) municipal separate storm sewer systems (MS4),
certain industrial facilities, and any construction activity disturbing at least 5 acres (large
construction sites). Covered MS4, industrial facilities, or construction activity must apply
for and obtain an NPDES storm water permit. Phase 1 began in 1990.
Phase II of the stormwater program applies to small (serving populations under 100,000)
MS4s and construction activity disturbing at least 1 acre and less than 5 acres (small
construction sites). Covered MS4 and construction activity should obtain a stormwater
NPDES permit for construction. This may be accomplished by submitting a Notice of
Intent to EPA to be covered under a national general storm water permit. Phase II began in
1999.
The term MS4 does not solely refer to municipally owned storm sewer systems, but rather
is a term with a much broader application that can include departments of transportation,
colleges and universities, sewer districts, hospitals, military bases, and prisons. An MS4
also is not always just a system of underground pipes - it can include roads with drainage
systems, gutters, and ditches. The regulatory definition of an MS4 is provided in 40 CFR
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122.26(b)(8). EPA's Stormwater Program site
[http://cfpub.epa4m:7'npdes/home.;cfm?.pr()grain_id -6] provides general Stormwater information and
the Stormwater Phase II Compliance Assistance Guide
[http:/'www.epa.gov 'npdes pubs/comuuide.pji'] also provides information.
B Pretreatment Program. The CWA also requires EPA to promulgate regulations that
restrict discharge of wastewater indirectly through sewers to publicly-owned treatment
works (POTWs). POTWs receive wastewater from homes, commercial buildings, and
industrial facilities and transport it via a series of pipes, known as a collection system, to
treatment facilities. Industrial users of POTWs must comply with CWA pretreatment
standards before introducing pollutants into a POTW. These pretreatment standards must
control pollutants that may pass through or interfere with POTW treatment processes or
contaminate sewage sludge. EPA has developed national categorical Pretreatment
Standards that apply numeric pollutant limits to industrial users in specific industrial
categories. EPA has also developed general pretreatment requirements. The General
Pretreatment Regulations require POTWs that meet certain criteria to develop pretreatment
programs to control industrial discharges into their sewage collection systems.
Additionally, the General Pretreatment Regulations include general prohibitions that forbid
industrial users from causing pass through and interference, and specific prohibitions
against the discharge of pollutants that cause problems at the POTW such as corrosion, fire
or explosion, and danger to worker health and safety.
Different technology-based categorical pretreatment standards apply to existing and new
industrial categories. In addition, POTWs may need to develop "local limits," to assist the
POTW in achieving the effluent limitations in its NPDES permit or where necessary in
order to prevent pass through or interference. Local limits may be more stringent than
federal standards.
m Sludge (Biosolid) Management. Section 405 of the CWA regulates the land application
and land disposal of sludge - the solid, semisolid or liquid untreated residue generated
during the treatment of domestic sewage in a treatment facility. 40 CFR 503 contains
provisions for sludge quality, application rates, and environmental conditions under which
land application is permitted. The regulations also specify sludge management methods
and monitoring and record keeping requirements for both disposal and land application
facilities. Sewage sludge ca:i be disposed of in landfills, lagoons, incinerated, or applied to
the land to serve as a soil enhancer or fertilizer. Land application of sewage sludge is often
done on parks, golf courses, abandoned mines, and during construction site restoration. It
can also be applied to crops, including crops for human consumption. EPA's Biosolid Web
site [http://www.epa.gov/ownvintb/hiQSQlids/indcx.htm] provides sludge and biosolid information.
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Spill Prevention, Control, and Countermeasure Plans. CWA section 311 contains broad
federal authority to prevent, respond and cleanup an oil spill or threat of an oil spill. This
provision, as implemented through regulations at 40 CFR. part 112, requires facilities that
could reasonably be expected to discharge oil in harmful quantities to navigable waters and
adjoining shorelines to prepare and implement Spill Prevention, Control, and
Countermeasure (SPCC) Plans. Section 4.6.3 contains additional information about SPCC
Plans or online at EPA's SPCC page of the Oil Program Web site
[http://www.epa.uov.'oil spill-'spec, htm].
4.4.1 THE WATER QUALITY STANDARDS PROGRAM AND TRIBAL PROGRAM APPROVAL
Section 518(e) of the CWA require EPA to issue regulations to specify how the Agency would
treat tribes in a manner similar to states for certain CWA programs, including the water quality
standards program. Section 518(e) also requires EPA to establish a mechanism for resolving any
unreasonable consequence that results when a tribe and a state adopt different water quality
standards for common bodies of water. 40 CFR Part 131 contains the requirements and
procedures for EPA to promulgate water quality standards for tribes and for EPA to approve or
disapprove tribal applications.
If a tribe chooses to apply for treatment as a state for the water quality standards program and
receives EPA approval, all of the procedures and requirements that apply to states for the
development, review, and adoption of water quality standards apply to a tribe with authorization
to administer the program. Tribes have three years from the time they receive approval to
administer the water quality standards program to submit their water quality standards to EPA
for approval.
4.4.2 WATER QUALITY STANDARDS - DISPUTE RESOLUTION MECHANISM
Section 518(e) of the CWA required EPA to issue regulations that establish procedures for
resolving disputes between states and tribes that arise as a result of differing water quality
standards on common bodies of water. Since some Indian reservations fall within the boundaries
of one or more states, so it is possible that there will be conflicting water quality standards for a
common body of water because there are two or more responsible governing bodies. This
situation also occasionally occurs between two states sharing a common body of water. 40 CFR
Section 131.7 states that the EPA Regional Administrator is responsible for acting in accordance
with this section of the Regulation.
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4.5 SAFE DRINKING WATER ACT
The Safe Drinking Water Act (SDWA) mandates that EPA establish regulations to protect
human health from contaminants in drinking water. The law authorizes EPA to develop national
drinking water standards and to create a system to ensure compliance with these standards. The
SDWA also directs EPA to protect underground sources of drinking water through the control of
underground injection of fluids.
Drinking Water Programs
EPA has developed primary and secondary drinking water standards under its SDWA authority.
EPA and authorized tribes enforce the primary drinking water regulations, which are either
contaminant-specific concentration limits that apply to certain public drinking water supplies or
treatment techniques that must be followed. Primary drinking water standards are based on
maximum contaminant level goals (MCLGs), which are non-enforceable health-based goals.
The standards consist of treatment techniques or maximum contaminant levels (MCLs), which
are enforceable limits set as close to MCLGs as possible, considering cost and feasibility of
attainment.
To assure these standards are maintained, SDWA regulations require public water systems to
monitor for various contaminants., such as fecal coliform and metals. In addition, the SDWA
regulations require specified disinfection and filtration activities, and public notification when
certain contaminants exceed specified levels, and reporting of contaminant limit exceedences.
Tribes may apply for eligibility tc receive primary enforcement authority (known as primacy) to
administer the requirements of Sections 1413 and 1451 of the SDWA. The Navajo Nation has
primacy for the SDWA public water system (PWS) program.
Underground Injection Control
The SDWA Underground Injection Control (UIC) program (40 CFR Parts 144-148) is a permit
program that protects underground sources of drinking water by regulating five classes of
injection wells. The UIC permit program is primarily enforced by EPA in Indian country
because no tribe is authorized to administer the program.
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RESOURCE CONSERVATION AND RECOVERY ACT (SOLID AND HAZARDOUS WASTE
PROGRAMS
The Resource Conservation and Recovery Act (RCRA) of 1976, which amended the Solid Waste
Disposal Act, addresses nonhazardous (Subtitle D) and hazardous (Subtitle C) waste
management activities. The Hazardous and Solid Waste Amendments (HSWA) of 1984
strengthened RCRA's waste management provisions and added provisions governing
underground storage tanks (USTs).
Hazardous waste regulations (40 CFR Parts 260-299) establish a "cradle-to-grave" system
governing hazardous waste from the point of generation to disposal. Hazardous waste is a solid
waste, or combination of solid wastes, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may: (1) cause, or significantly contribute to, an increase
in mortality or an increase in serious or incapacitating illness; or (2) pose a substantial present or
potential hazard to human health or the environment when improperly treated, stored,
transported, or disposed. RCRA hazardous wastes include the specific materials listed in the
regulations (commercial chemical products designated with the code "P" or "U", hazardous
wastes from specific industries/sources designated with the code "K", or hazardous wastes from
non-specific sources, designated with the code "F") or materials that exhibit a hazardous waste
characteristic (ignitability, corrosivity, reactivity, or toxicity, and designated with the code "D").
The RCRA Orientation Manual [litiii^ww^pjy^ provides an overview
of both hazardous and non-hazardous waste issues.
Entities that generate hazardous waste are subject to waste accumulation, manifesting, and record
keeping standards. Facilities generally must obtain a permit if they store hazardous wastes for
more than 90 days before treatment or disposal. Facilities may treat less-than-90-day tanks or
containers of hazardous wastes without a permit. Subtitle C permits contain general facility
standards, such as contingency plans, emergency procedures, record keeping and reporting
requirements, financial assurance mechanisms, and unit-specific standards. RCRA also contains
provisions (40 CFR Part 264 Subpart S and Section 264.101) for conducting corrective actions,
which govern the cleanup of releases of hazardous waste or constituents from solid waste
management units at RCRA treatment, storage, and disposal facilities.
Solid Waste Management
Solid Waste Management (40 CFR Part 247 and 258) regulations establish standards and
guidelines for solid waste collection and disposal programs, as well as recycling programs.
Municipal solid waste - otherwise known as trash or garbage - consists of everyday items such
as boxes, grass clippings, furniture, clothing, bottles, food scraps, newspapers, and appliances.
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The regulations also establish criteria for design, operation, maintenance, and closure for
municipal solid waste landfills. In addition, the regulations provide requirements for thermal
processing (incineration) and resource recovery facilities. Many tribes have found creative ways
to reduce and better manage municipal solid waste through a mix of practices that includes
source reduction, recycling (including composting), and disposal.
4.6.1 UNDERGROUND STORAGE TANKS PROGRAM
Added in 1984, RCRA Subtitle 1 directed EPA to develop a comprehensive regulatory program
for USTs storing petroleum or certain hazardous substances in order to protect the environment
and human health from UST releases. EPA's regulations (40 CFR Part 280) set minimum
standards for new tanks and require owners of substandard tanks to upgrade or close them by
1998. The regulations address a variety of other requirements, including those related to leak
detection and cleanup of releases when they occur. Some USTs, such as many home heating oil
tanks, are not federally regulated. Additional information on USTs is available on the Web site
for EPA's Office of Underground Storage Tanks [h«riL^w^vAa»^^^mi^]-
USTs and Tribes
EPA may not approve tribal UST programs under RCRA. However, tribes may seek to establish
oil pollution regulations under their own authority. The Oil Pollution Act (OPA) required the
initiation of significant new program activities relating to oil spill prevention, preparedness and
response. A few tribes have developed or are developing their own UST regulations under the
tribe's laws, usually with financial support provided by EPA through grants or cooperative
agreements.
4.6.2 ABOVE GROUND STORAGE TANKS
The Spill Prevention Control and Countermeasures (SPCC) program (40 CFR Part 112) regulates
the storage of oil in above ground containers. These regulations require owners or operators of
certain above ground oil storage facilities to prepare and comply with written, site-specific, spill
prevention plans. ASTs subject to the SPCC requirements are:
» Facilities with a total above ground oil storage capacity of more than 1,320 gallons;
* Single above ground tanks with an oil storage capacity of more than 660 gallons; and
• Facilities with a total combined underground oil storage capacity greater 42,000 gallons.
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4.6.3 OIL SPILL PROGRAMS - SPILL PREVENTION, CONTROL, AND COUNTERMEASURE PLANS
The CWA, section 311, and the Oil Pollution Act of 1990 (OPAO contain broad federal
authority to prevent, respond to and clean up an oil spill or threat of an oil spill. EPA's Oil Spill
Program regulates non-transportation-related facilities storing, producing, using, processing,
refining or otherwise managing oil of any kind that could reasonably be expected to discharge
into the navigable waters of the United States and adjoining shorelines. EPA's Oil Pollution
Prevention rule at 40 C.F.R. part 112 requires such facilities to develop and implement Spill
Prevention, Control and Countermeasure (SPCC) plans. Facilities are not required to report the
number of storage tanks or containers. There is no authority under Section 311 for authorized or
approved state or tribal SPCC regulatory programs. Information on this program can be found at
EPA's Preventing Oil Spills Web site [http;/iw\vw.,cpa.uov/Qilspill.'prevent.htni].
On July 16, 2002, EPA promulgated a revised final SPCC regulations that became effective
August 17, 2002. The SPCC regulations also require specific management procedures for
loading, unloading, and storing petroleum products. EPA subsequently extended the regulatory
compliance schedule included in the new SPCC rule. The current compliance dates for the new
rule are:
• By February 17, 2006, facilities must prepare, and a Professional Engineer (P.E.) certify,
an SPCC Plan in accordance with the new SPCC rule by this date; and
• By August 18, 2006, facilities must implement a revised SPCC Plan.
In the interim, facilities are required to maintain their existing SPCC Plans and amend it in
accordance with 40 CFR Section 112.5.
OPA amended section 311 of the CWA and established additional requirements for oil pollution
prevention, response and liability. EPA has several regulations covering response to oil
discharges.
• The National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 40 CFR
Part 300.
*> Facility Response Plan requirements, 40 C.F.R. part 112, Subpart D.
Coastal and Marine Oil Spills
The U.S. Coast Guard has jurisdiction over coastal/marine oil spills and oil spills that threaten
navagible waters. The Department of Transportation, Office of Pipeline Safety, regulates the
transport of oil through pipelines. EPA is the lead response agency for inland pipeline spills.
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More information can be obtained at the Office of Pipeline Safety Web site [http://ops.dot.gov/].
Also, a federal reporting requirement exists for oil spills and chemical spills, that requires a call
to the National Response Center at 800-424-8802. To obtain more information on marine spills,
contact EPA at (202) 267-2229 or (800) 368-5647. EPA's Reporting Oil Spills Web site
[http://www.cpa.gov/oilspill/contacts.htn] also provides more information. Oil spills can also be
reported to the National Response Center at (800) 424-8802.
4.7 EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW PROGRAMS
The Emergency Planning and Community Right-to-Know Act (EPCRA) is designed to improve
community access to information about chemical hazards and to facilitate the development of
chemical emergency response plans by tribal governments. EPCRA and its regulations (40 CFR
Parts 350-372) establish four types of reporting obligations for facilities that store or manage
specified chemicals:
« Extremely Hazardous Substances requires facilities to notify the SERC and LEPC of the
presence of any extremely hazardous substance (the list of such substances is in 40 CFR
Part 355, Appendices A and B) in excess of the substance's threshold planning quantity and
directs the facility to appoint an emergency response coordinator.
18 Notification of a Release or Exceedence (EPCRA Section 304) requires facilities to
notify the SERC and the LEPC in the event of a release equaling or exceeding the
reportable quantity of a CERCLA hazardous substance or an EPCRA extremely hazardous
substance.
m Material Safety Data Sheets (EPCRA Sections 311 and 312) require a facility at which
a hazardous chemical, as defined by the Occupational Safety and Health Act, is present in
an amount exceeding a specified threshold to submit to the TERC, LEPC, and local fire
department material safety data sheets (MSDSs) or lists of MSDSs and hazardous chemical
inventory forms (also known as Tier I and II forms).
K Toxic Release Inventory (EPCRA Section 313) requires manufacturing facilities
included in SIC codes 20 through 39, as well as SIC codes 10, 12, 4911, 4931, 4939, 4953,
5169, 5171, and 7389, that have 10 or more employees and that manufacture, process, or
use specified chemicals in amounts greater than threshold quantities, to submit an annual
toxic chemical release report. This report, known commonly as Form R, covers releases
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and transfers of toxic chemicals to various facilities and environmental media and allows
EPA to compile the national Toxic Release Inventory (TRI) database.
EPCRA and Tribes
Under EPCRA and 40 CFR Parts 350-372, tribes can establish tribal emergency response
commissions (TERCs), which are responsible for coordinating certain emergency response
activities and can appoint tribal emergency planning committees (TEPCs). Tribal EPCRA
programs involve the collection, management, and distribution of information related to the
presence of particular substances at facilities in their areas.
4.8 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a
1980 law known commonly as Superfund, authorizes EPA to respond to releases or threatened
releases of hazardous substances that may endanger public health, welfare, or the environment.
CERCLA also enables EPA to compel parties responsible for environmental contamination to
clean it up or to reimburse the Superfund for response costs, which include remediation costs
incurred by EPA.
EPA Responses to Hazardous Substance Releases
EPA implements hazardous substance responses according to procedures outlined in the National
Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR Part 300). The NCP
includes provisions for permanent cleanups, known as remedial actions, and other cleanups,
referred to as removals. EPA generally takes remedial actions only at sites on the National
Priorities List (NPL), which currently includes approximately 1,300 final and proposed sites.
Both EPA and states can act at NPL sites; however, EPA provides responsible parties the
opportunity to conduct removal and remedial actions and encourages community involvement
throughout the Superfund response process. EPA and states have developed a work share
arrangement to divide assessment and cleanup responsibility. As a matter of policy, EPA
requests state or tribal concurrence for listing a site on the NPL, depending on whether the site is
located on state or tribal lands. In certain circumstances, EPA does conduct response actions at
non-NPL sites.
" Superfund Enforcement Program. A primary goal of the Superfund enforcement
program is to obtain consensual settlements, or, if necessary, compel potentially responsible
parties (PRPs) to implement or pay for site cleanups. Hazardous waste responses are often
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an emergency and there is not time to search for PRPs and to ensure they take responsibility
for their action. In these cases EPA acts immediately, taking a Fund-lead action, which
uses federal money from the Superfund, and then tries to recover the costs of the cleanup
from the PRPs. When the situation permits, EPA tries to get the PRP to conduct the
cleanup before it uses Fund resources. When this happens the action is referred to as an
enforcement-lead or PRP-lead action.
m Superfund Sites and Tribal Governments. Tribes are accorded the same status as states
under much of CERCLA and its regulations, which provide for a meaningful and
substantial role for tribes in Superfund response. Tribes are increasingly choosing to
exercise that role as they develop greater capability for site response.
• Natural Resource Damages. Natural resource injuries may occur at sites as a result of
releases of hazardous substances or oil. CERCLA provides authority for assessment and
restoration of natural resources that have been injured by a hazardous substance release or
response. OPA, enacted in reaction to the Exxon Valdez oil spill, provides authority for oil
pollution liability and compensation as well as for the federal government to direct and
manage oil spill cleanups. Similar to CERCLA, OPA contains authorities to allow the
assessment of damages and restoration of natural resources that have been contaminated by
the discharge, or threatened discharge, of oil. Both CERCLA and OPA define "natural
resources" broadly to include "land, fish, wildlife, biota, air, water, groundwater, drinking
water supplies, and other such resources...."
» Natural Resource Damages (NRD) Trustees. EPA is not a Natural Resource Trustee,
nor is it authorized to act on behalf of Natural Resource Trustees. For NRD, EPA's role
primarily involves the notification of, and coordination with, all Trustees, including
coordinating assessments, investigations, and planning with Trustees. When an
enforcement action is initiated, CERCLA requires EPA to notify Federal Natural Resource
Trustees of settlement negotiations with potentially responsible parties, if the release of
hazardous substances may have resulted in injuries to natural resources under their
Trusteeship, and encourages the participation of Federal Natural Resource Trustees in
settlement negotiations. OPA requires EPA to consult with affected trustees on removal
actions taken in conjunction with any discharge of oil.
• Under both CERCLA and OPA, federal, tribal, and state "Natural Resource Trustees" are
authorized to "represent" natural resources belonging to, managed by, controlled by, or
appertaining to their respective entities. The two major areas of Trustee responsibility
under CERCLA and OPA are: (1) assessment of damages due to injury to natural resources;
and (2) restoration of natural resources injured or services lost due to a release or discharge.
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Both statutes provide several mechanisms to meet these responsibilities. The Trustees can
either: (1) sue in court to obtain compensation from the potentially responsible parties
(PRPs) for NRD damages and the costs of assessment and restoration planning; or (2)
conduct assessments or restorations in accordance with certain standards specified by the
federal government and file a claim for reimbursement from the Trust Fund established
under OPA; or (3) participate in negotiations with PRPs to obtain PRP-financed or PRP-
conducted assessments and restorations of NRD.
• Tribal Natural Resource Trustees. Tribal Chairmen (or heads of the governing bodies of
Indian Tribes), or persons designated by tribal officials, shall act as Tribal Trustees for
natural resources belonging to, managed by, controlled by, or appertaining to the Indian
Tribe, or held in trust for the benefit of such Indian Tribe, or belonging to a member of an
Indian Tribe, if such resources are subject to a trust restriction on alienation. Under certain
circumstances, the Secretary of the Interior may act as Trustee on behalf of a Tribe at the
Tribe's request (40 CFR 300.610).
« Cleaning Up and Reinvesting in Contaminated Property. In January 2002, Superfund
was amended by the Small Business Liability Relief and Brownfields Revitalization Act to
provide relief for small businesses from liability under Superfund, and to amend CERCLA
to promote cleanup and reuse of brownfields, to provide financial assistance for
brownfields revitalization, and to enhance state and tribal response programs.
"Brownfields" sites are properties, the redevelopment of which may be complicated by the
presence or potential presence of a hazardous substance, pollutant, or contaminant. The
free-standing law, commonly known as the Brownfields Law, authorizes EPA to address
brownfields sites that may not be addressed under Superfund. The Brownfields Law also
changes and clarifies Superfund liability in two ways: (1) clarifies Superfund liability for
prospective purchasers, innocent landowners, and contiguous property owners; and (2)
provides liability protection for certain small volume contributors and contributors of
municipal solid waste.
4.9 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) addresses the sale,
distribution, and labeling of pesticides, as well as the certification and training of pesticide
applicators. FIFRA also establishes record keeping and reporting requirements on certified
applicators of restricted use pesticides, as well as imposing storage, disposal, and transportation
requirements on registrants, and applicants for registration, of pesticides.
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The primary purpose of FIFRA is to regulate the labeling, and the subsequent use, of pesticides.
Pesticide use is regulated through requirements to apply pesticides in a manner consistent with
the label. The labeling requirements include directions for use, warnings, and cautions, along
with the uses for which the pesticide is registered (i.e., pests and appropriate applications).
Labeling requirements also include specific conditions for the application, mixture, storage, and
time period for re-entry to fields following pesticide application, and when crops may be
harvested after applications. If a pesticide is used in a manner contrary to its labeling, that use
constitutes a violation of FIFRA.
FIFRA and Tribes
EPA generally is the primary enforcement authority for pesticide use violations in Indian
country. Tribes may seek to restrict the sale or use of a federally registered pesticide, but may
not allow the sale or use of a federally prohibited product. EPA works cooperatively with tribal
government to enforce FIFRA, as it does with states and territories. For example, under FIFRA
Section 23, EPA may enter into cooperative agreements with tribes. These agreements may
include provisions for tribes to assist EPA in ensuring compliance with FIFRA. by obtaining
federal inspector credentials, conducting inspections, and recommending enforcement actions to
EPA. As a separate matter, EPA also provides funding to tribes to assist in the development and
implementation of pesticide programs under tribal law.
4.10 Toxic SUBSTANCES CONTROL ACT
The Toxic Substances Control Act (TSCA) granted EPA authority to create a regulatory
framework to collect data on chemicals to evaluate, assess, mitigate, and control risks that may
be posed by their manufacture, processing, and use. TSCA provides a variety of control methods
to prevent chemicals from posing unreasonable risk.
TSCA standards may apply at an)' point during a chemical's life cycle. Under TSCA Section 5,
EPA has established an inventory of chemical substances. If a chemical is not already on the
inventory and has not been excluded by TSCA, a premanufacture notice (PMN) must be
submitted to EPA prior to manufacture or import. The PMN must identify the chemical and
provide available information on health and environmental effects. If available data are not
sufficient to evaluate the chemical's effects, EPA can impose restrictions pending the
development of information on its health and environmental effects. EPA can also restrict
significant new uses of chemicals based upon various factors, such as the projected volume and
use of the chemical.
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Under TSCA Section 6, EPA can ban the manufacture or distribution in commerce, limit the use,
require labeling, or place other restrictions on chemicals that pose unreasonable risks. Among
the chemicals EPA regulates under Section 6 authority are asbestos, chlorofluorocarbons, and
PCBs.
4.11 NATIONAL ENVIRONMENTAL POLICY ACT
The National Environmental Policy Act (NEPA) was one of the first laws written to establish the
broad national framework for protecting our environment while bolstering the health and welfare
of humankind. NEPA directs federal agencies to assess the potential environmental impacts of
their proposed major actions significantly affecting the human environment and inform the
public about those potential impacts. For Indian country and in other tribal areas, the
environmental impacts of federal agency actions may involve such things as water quality or
quantity issues, air quality issues, land use, or potential impacts to sacred sites, items of cultural
patrimony, and traditional hunting, fishing, and gathering rights. Understanding the range of
potential environmental impacts enables federal agencies to integrate environmental values into
their decision-making processes.
Environmental assessments may be used by a federal agency to determine whether the
environmental impacts of the agency's proposed action are likely to be significant. If the
impacts are not expected to be significant, federal agencies prepare a finding of no significant
impact. If the impacts are likely to be significant, federal agencies prepare an environmental
impact statement (E1S). As part of the NEPA process, federal agencies, including EPA, with
jurisdiction by law or with special expertise with respect to any environmental impact involved,
or which are authorized to develop and enforce environmental standards, must comment on
another agency's ElSs.
EPA also has unique comment responsibility under Section 309 of the Clean Air Act because the
Agency must review and comment in writing on the environmental impact of, among other
things, any newly authorized federal projects for construction and any major federal agency
action significantly affecting the environment. Thus, as part of the NEPA process, EPA reviews
all EISs prepared by federal agencies, and may also review some environmental assessments.
EPA's comment letters are available to tribes and tribal members upon request and EIS comment
summaries are available at the EPA Comments on Environmental Impact Statements Web site
[http://cfpub.epa.gov/cuinpliance/nepa/conimeiiis-'].
Under the NEPA process, tribes generally are invited to comment on EISs when the effects of
the federal agency's action may be on a reservation, and federal agencies should actively solicit
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tribal government participation as a "cooperating agency" when the project's effects are on a
reservation. Agencies should also invite tribes to comment and be a "cooperating agency" when
non-reservation tribal resources are affected.
Identifying, understanding and addressing the potential environmental impacts to tribes and
Indian country and in other tribal areas are key elements of the NEPA process. Indeed, the
Council of Environmental Quality's regulations implementing NEPA specify that federal
agencies should consult with affected tribal governments through the scoping process, and
identify possible conflicts between a proposed action and the objectives of tribal reservation land
use plans, policies and controls. In addition to any scoping comments and comments on draft
EISs which the tribes and individual tribal members may offer, EPA uses its knowledge of
Indian country to facilitate the identification of potential issues during scoping so that the NEPA
process addresses issues that could impact tribes and tribal members.
For certain programs, EPA may also prepare an EIS for an action. In such cases, EPA solicits
participation of the tribal government as a "cooperating agency" when the project's effects may
impact Indian country and other Hbal areas. As part of the EIS process, EPA fully considers
potential impacts to the tribal government and/or tribal members as part of its consideration of
other relevant environmental statutes, regulations and Executive Orders related to the proposed
action. EPA seeks to ensure that mitigation plans developed by EPA for the action incorporate
tribal concerns and, for project effects that may impact Indian country or other tribal areas, that
the tribal government and/or tribal members will have meaningful involvement in the
development and, as appropriate, implementation of these mitigation plans.
4.12 ENDANGERED SPECIES ACT
The Endangered Species Act (ESA) establishes a program for conserving endangered and
threatened species and their habitats. The ESA affords broad protection for species of plants and
animals that are listed as endangered or threatened. Provisions in the ESA and its regulations,
which are administered by the Fish and Wildlife Service (FWS) and National Marine Fisheries
Service (NMFS), describe the process for listing species, as well as for designating critical
habitat and developing species recovery plans.
The ESA generally prohibits the taking, possession, import, export, sale, and transport of a listed
animal. The term "take" includes harassing, harming, hunting, killing, capturing, and collecting.
"Harm" includes significant habitat alteration that actually kills or injures a listed animal. The
FWS and NMFS, however, may issue permits that authorize "take" that is incidental to an
otherwise lawful activity. To obtain a permit, an applicant develops a habitat conservation plan
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that minimizes and mitigates the taking. FWS and NMFS may provide technical assistance and
financing. Permits may also be issued that provide for protection of existing habitat in exchange
for flexibility to later develop the habitat. Incidental take permits may cover small or very large
areas.
Under the ESA, it is also unlawful to maliciously damage, destroy, or remove and possess listed
plants in an area under federal jurisdiction; damage or remove a listed plant from any other area
in knowing violation of state law; or to import, export, or sell a listed plant. In addition, where
an activity is authorized, funded, or carried out by a federal agency, the ESA provides that the
federal agency must consult with the FWS or NMFS to ensure that the agency action is not likely
to jeopardize listed species or their designated critical habitat. If jeopardy is likely to occur,
FWS or NMFS suggests alternatives. The consultation process may also result in authorization
of incidental take, as long as the take is minimized.
Tribal governments, among others, may petition the FWS or NMFS to list species, and may
comment on proposed listings, critical habitat designations, and recovery plans. Tribes may also
enter into conservation agreements regarding species considered candidates for listing, with a
view toward obviating the need to list the species. Federal policy provides opportunities for
Tribal governments to participate in consultations between federal agencies and FWS or NMFS
required by the ESA to ensure no jeopardy, and establishes that deference will be given to tribal
conservation plans regarding activities on Indian lands that address listed species. Federal
enforcement policy provides that ESA-related restrictions regarding incidental take may be
imposed on Tribes only under carefully detailed circumstances. The American Indian Tribal
Rights & the ESA Web site [hup^wwwJws.gov/ciulangercd/inbal'uKicx.himl] of the FWS, in particular,
is an excellent source of information regarding the ESA, federal policies, and Indian tribal rights.
4.13 RANGE MANAGEMENT PROGRAMS
Range management is an issue for all Tribes with public rangelands within their reservation
boundaries. Rangelands include federally owned grazing lands that are leased out for cattle and
horse grazing to states, localities, tribes, and private industries for non-tribal uses. These
rangelands are usually managed by the federal Bureau of Land Management (BLM). Tribes with
rangelands work cooperatively with the BLM to ensure proper management, under the guidelines
contained within 43 CFR §4180, etseq.
Federal units of national ranges and affiliated refugees may be managed by tribes in certain
circumstances when they have a historic, geographic and cultural link to the unit.
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To develop appropriate standards for rangelands, tribes consider the four fundamentals of
rangeland health as outlined in the grazing regulations: (1) watershed functioning; (2) water,
nutrients, and energy cycling; (3) water quality; and (4) habitat protection.
Additionally, ranges raise many environmental issues such as habitat destruction from grazing,
water issues (pollution, scarcity), fencing and containment, erosion control, and feral animal
management.
In addition to the requirements in the CFR, tribal governments may develop ordinances that deal
with the environmental impacts of livestock grazing.
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APPENDIX A. LIST OF ACRONYMS
ACM Asbestos Containing Material (AHERA)
AST Aboveground Storage Tank (RCRA)
AHERA Asbestos Hazards Emergency Response Act
BIA Bureau of Indian Affairs
BOD Biochemical Oxygen Demand (CWA and SDWA)
BLM Bureau of Land Management (Department of the Interior)
BMP Best Management Practices
C&D Construction and Demolition Waste
CAA Clean Air Act
CSS Combined Sewer Systems (CWA)
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CORPS U.S. Army Corps of Engineers (Department of Defense)
CESQG Conditionally Exempt Small Quantity Generator (RCRA)
CFC Chlorofluorocarbon (CAA)
CFR Code of Federal Regulations
CGP Construction General Permit (CWA)
CSO Combined Sewer Overflow (CWA)
CSS Combined Sewer Systems (CWA)
CWA Clean Water Act
DOI Department of the Interior
DITCA Direct Implementation Tribal Cooperative Agreement
DMR Discharge Monitoring Report (CWA)
DOE United States Department of Energy
EA Environmental Assessment (NEPA)
EIS Environmental Impact Statement (NEPA)
ELM Environmental Landscape Management
EMS Environmental Management Systems
EPA United States Environmental Protection Agency
EPP Environmentally-Preferable Purchasing
EPCRA Emergency Planning and Community Right-to-Know Act
ESA Endangered Species Act
FHWA Federal Highways Administration (U.S. Department of Transportation)
FIFRA Federal Insecticide, Fungicide, and Rodenticide Act
FIP Federal Implementation Plan (CAA)
FR Federal Register
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FWS Fish and Wildlife Service (Department of the Interior)
GAP Indian Environmental General Assistance Program
GCP General Construction Permit
HAP Hazardous Air Pollutant (CAA)
HHW Household Hazardous Waste (RCRA)
HMIWI Hospital/Medical/Infectious Waste Incinerator (CAA)
HUD United States Department of Housing and Urban Development
I/I Infiltration and Inflow (CWA)
IGRA Indian Gaming Regulatory Act
IHS Indian Health Sendee, United States Department of Health and Human Services
IPM Integrated Pest Management
IRA Indian Reorganization Act
IRR Indian Reservation Roads
LCSS Large Capacity Septic System (SDWA)
LDR Land Disposal Restrictions (RCRA)
LEED Leadership in Energy and Environmental Design
LEPC Local Emergency Planning Committee (EPCRA)
MMPA Marine Mammal Protection Act
MACT Maximum Achievable Control Technology (CAA)
MCL Maximum Contaminant Level (SDWA)
MCLG Maximum Contaminant Level Goal (SDWA)
MBTA Migratory Bird Treaty Act
MSDS Material Safety Data Sheet
MS4s Municipal Separate Storm Sewers (CWA)
MSW Municipal Solid Waste (RCRA)
MTBE Methyl Tertiary Butyl Ether
NAA Nonattainment Area (CAA)
NAAQS National Ambient Air Quality Standards (CAA)
NAGPRA Native American Graves Reparation Act
NIGRA National Indian Gaming Regulatory Act
NIGC National Indian Gaming Commission
NCP National Oil and Hazardous Substances Pollution Contingency Plan
NEPA National Environmental Policy Act
NESHAP National Emission Standards for Hazardous Air Pollutants (CAA)
NHPA National Historic Preservation Act
NIGRA National Indian Gaming Regulatory Act
NMFS National Marine Fisheries Service (National Oceanic and Atmospheric Agency)
NOX Nitrogen Oxides (CAA)
NPDES National Pollutant Discharge Elimination System (CWA)
NPDWR National Primary Drinking Water Regulation (SDWA)
Summer 2007
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NPL National Priorities List (CERCLA)
NRC National Response Center
NSPS New Source Performance Standards (CAA)
NTNC Nontransient Noncommunity Water System (SDWA)
O&M Operation and Maintenance
OPA Oil Pollution Act
OSHA Occupational Safety and Health Administration (Department of Health and
Human Services)
PBT Persistent Bioaccumulative Toxins
PCB Polychlorinated Biphenyl
PH Potential of Hydrogen
PMN Premanufacture Notice (TSCA)
POTW Publicly Owned Treatment Works (CWA)
PSD Prevention of Significant Deterioration (CAA)
RCRA Resource Conservation and Recovery Act
RMP Risk Management Program (EPCRA)
SARA Superfund Amendments and Reauthorization Act
SDWA Safe Drinking Water Act
SEP Supplemental Environmental Project
SERC State Emergency Response Commission (EPCRA)
SIC Standard Industrial Classification
SIP State Implementation Plan (CAA)
SOX Sulfur Oxides
SPCC Spill Prevention, Control, and Countermeasure
SQG Small Quantity Generator (RCRA)
SSO Sanitary Sewer Overflow (CWA)
TAS Treatment In The Same Manner as A State
TEA Tribal Environmental Agreement
TERC Tribal Emergency Planning Committee (EPCRA)
TIP Tribal Implementation Plan (CAA)
TMDL Total Maximum Daily Load (CWA)
TNC Transient Noncommunity Water System (SDWA)
TRI Toxic Release Inventory (EPRCA)
TSCA Toxic Substances Control Act
TSD Treatment, Storage, and Disposal (RCRA)
TSS Total Suspended Solids (CWA)
UIC Underground Injection Control (SDWA)
USC United States Code
USDW Underground Source of Drinking Water (SDWA)
UST Underground Storage Tank (RCRA)
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VOC Volatile Organic Compound (CAA)
WWTP Wastewater Treatment Plant (CWA)
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APPENDIX B. CONTACTS FOR EPA INDIAN AND MEDIA PROGRAMS
Please note that while we have made every effort to have the information in this appendix current
at the time of printing, individuals in specific jobs may change over time. To find current phone
listings for specific individuals, the EPA Employee Directory [http://cfpuh.epa.gov/lgcaior/index,ctm]
is a good resource. The EPA Program Offices & Tribal Programs Page of the American Indian
Environmental Office Web site [http://vvwvv.cpa.gov/indian/proiirams.htm] provides links to tribal
contacts in a specific program.
EPA Regional Contacts - Indian Program & Media Programs
Contact
Air
Drinking Water
Enforcement/Compliance
Pollution Prevention
Solid Waste
Source Water
Toxics
Tribal Contact
Underground Injection Control
Air
Drinking Water, Source Water
Enforcement/Compliance,
Underground Injection Control
Indian Coordinator
Pollution Prevention
Solid Waste
Office
Region 1
fhttp: / / vv vv vv .epa.gov/ regionOI / govt/ tribes /ind ex .htm 1]
Ida McDonnell
Ellie Kwong
Michael Wagner
Alex Peck
Chuck Franks
Ted Lavery
Jim Bryson
George Frantz
Jean Crocker
David Delaney
Region 2
f h ttp: / / vv ww .epa. gov / Region2 / nations / ind ex .htm 11
Gavin Lau
Gerard McKenna
Rebecca Jamison
Christine Yost
Tristan Gillespie
Lorraine Graves
Garrett Smith
Region 3
No Federally-recognized Indian Tribes
Region 4
fhttp:/7www.epa.gov/regioM/mdiart/coiitacts.html
Phone
617-918-1653
617-918-1592
617-918-1735
617-918-3758
617-918-1554
617-918-1683
617-918-1524
617-918-1883
617-918-1498
617-918-1618
212-637-3715
212-637-3838
212-637-3948
212-637-3564
212-637-3753
212-637-4099
860-678-0437
Air
Gracy Danois
404-562-9119
404-562-9124
Summer 2007
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Contact
Drinking Water
Pollution Prevention/Toxics
Regional Tribal Coordinator
Solid Waste
Source Water
Toxics
Tribal Lead Region Coordinator
Underground Injection Control
Enforcement/Compliance Contact
Hazardous Waste
Pollution Prevention
Solid Waste
Source Water
Toxics
Tribal Contact
Office
Chris Thomas
Dan Ahern
Bill Patton
Davy Simonson
Natalie Ellington
Roseanne Rudd
Dan O'Lone
Robert Olive
Region 5
fhttp: / / www.epa.gov/Region5/ tribes/1
Benjamin Giwojna
Jane Neumann
Kelley Moore
Jane Neumann
Report a Spill
Luke Jones
Mary Morgan
Glenn Cekus
Andrew Anderson
John Colletti
Beverly Kush
Report a Spill
Dolly Tong
Jan Bartlett
Brian Bell
Emma Avant
Kelley Moore
John Taylor
Ross Micham
Dan Cozza
David Horak
Region 6
rhttp: / / epa .go v / region6/ 6dra /ej tribal / triba I / index, h tml
Elizabeth Braziel
Arnold Bierschenk
Chelo Hall
David Bond
Nick Stone
Joy Campbell
Audray Lincoln
Ken Williams
Jerry Collins
Jonathan Hook
Air
Brownfields Programs
Contaminated Site Response
Director, Indian Environmental Office
Drinking Water
Emergency Preparedness & Prevention
Enforcement/Compliance
NPDES
Oil Pollution
Pollution Prevention & Solid Waste
Source Water
Stormwater
Toxics
Tribal Site Response Programs
Underground Injection Control
Water Program
Air
Drinking Water
Phone
404-562-9459
404-562-9028
404-562-8632
404-562-8457
404-562-9453
404-562-8998
404-562-9434
404-562-9423
312-883-0247-
312-353-0123
312-886-3598
312-353-0123
800-424-8802
312-353-2087
312-886-6201
312-353-6449
312-353-9681
312-886-6106
312-353-8200
800-424-8802
312-886-1019
312-886-5438
312-886-0981
312-886-7899
312-886-3598
312-886-4299
312-886-4237
312-886-7252
312-353-4306
214-665-6449
214-665-7435
214-665-2716
214-665-6431
214-665-7226
214-665-8036
214-665-2239
214-665-7129
214-665-7562
214-665-8069
Summer 2007
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Contact Office Phone
Underground Injection Control Tyrone Hoskins 214-665-7375
Region 7
[littp://ww\v.epa.gov/Region7/govenTmenLtribal/in.dex.htm1
Air Robert Fenemore 913-551-7745
Drinking Water Stan Calow 913-551-7410
Enforcement/Compliance Contact Carol LeValley 913-551-7610
Indian Coordinator Wolfgang Brandner 913-551-7381
Pollution Prevention Royan Teter 913-551-7609
Solid Waste Marcus Rivas 913-551-7669
Source Water, SWAP/PWSS Grant Stephanie Lindberg 913-551-7423
Toxics Janice Green 913-551-7139
Underground Injection Control Kurt Hildebrandt 913-551-7413
Region 8
[http://www.epa.gOV/region8/tribes/1
Air Michael Copeland 303-312-6010
Drinking Water Gary Carlson 303-312-6269
Legal Enforcement Contact David Janik 303-312-6917
Pollution Prevention Linda Walters 303-312-6385
Solid Waste Susanna Trujillo 303-312-7008
Source Water Marcella Hutchinson 303-312-6753
Technical Enforcement Contact Elisabeth Evans 303-312-6217
Toxics Dave Combs 303-312-6021
Tribal Contact Connally Mears 303-312-6343
Underground Injection Control Douglas Minter 303-312-6079
Region 9
fhttp;/ /www .epa.gov/region09/ Indian/ index.htmll
Air Sara Bartholomew 415-947-4100
Associate Director Tribal Program Program Clancy Tenley 415-972-3785
Drinking Water - Southern California Helen McKinley 415-972-3559
Drinking Water - Eastern Arizona Danny Collier 415-972-3565
Drinking Water - Hopi, Tohono O'Odham Bessie Lee 415-972-3776
Drinking Water - Navajo Brian Smith 415-972-3580
Drinking Water - Nevada, Owens
w „ ,K. u ^ ,-* • Roger Yates 415-972-3549
Valley/Northern California
Drinking Water - Western Arizona & Lower , , _,
_ , , _. Karl Banks 415-972-3557
Colorado River
Enforcement and Compliance Pamela Overman 415-972-3781
„ , . „ . JohnKatz 415-972-3283
Pollution Prevention
Jessica Counts 415-972-3288
Solid and Hazardous Waste
_ , Wenona Wilson 415-972-3239
Underground Storage Tanks
Solid Waste - Arizona and Nevada Heather White 415-972-3384
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Contact
Solid Waste - Northern California
Solid Waste - Southern California
Source Water
Toxics
Underground Injection Control
Air
Drinking Water
Enforcement/Compliance
Solid Waste
Source Water
Toxics/Pollution Prevention
Tribal Contact
Underground Injection Control
Office
Kelly Doordan
Caleb Shaffer
Jamelya Curtis
Kate Rao
David Tomsovic
Eric Byous
Region 10
[http://yoscmite.epa.gov/r10/tribal.NSFl
Doug Cole
Mary Manous
Craig Paulsen
Donald Dossett
Fran Stefan
Nina Kocourek
Al Latourette
Kristin Hall
Domenic Calabro
Tim Hamlin
Joe Sarcone
Santina Gay
Jennifer Parker
Fran Stefan
Tim Hamlin
Katherine Holt
Phone
415-972-3380
415-972-3336
415-972-3529
415-972-3533
415-972-3858
415-972-3531
206-553-5764
206-553-1059
206-553-4350
206-553-1783
206-553-6639
206-553-6502
206-553-8202
206-553-6357
206-553-6640
206-553-1563
907-271-1316
907-271-3413
206-553-1900
206-553-6639
206-553-1563
206-553-2901
EPA Headquarters Tribal Contacts
Contact Phone
American Indian Environmental Office
Carol Jorgensen, Director [hitp:.'www-.epa.gov/mdiaii-1 202-564-0303
Gary Hudiburg, Deputy Director 202-564-0626
Jeff Besougloff, Senior Policy Advisor 202-564-0292
Edna Silver, Administrative Assistant 202-564-0286
Dianne Briggs, Associate Director (Tribal Operations Staff) 202-564-0279
Chris Hoff, Associate Director (Tribal Policy and Partnerships Staff) 202-564-5238
Office of Enforcement and Compliance Assurance
Jonathan Binder, Program Manager fhttp://www.epa.uoy/CQmpliance/tribal/] 202-564-2516
Mary Andrews, Office of Regulatory Enforcement 202-564-4011
Robert Hargrove, Office of Federal Activities 202-564-7157
Danny Gogal, Office of Environmental Justice 202-564-2576
Melanie Garvey, Federal Facilities Enforcement Office 202-564-2579
John (Jack) Neylan, Office of Compliance, Agriculture 202-564-5033
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Contact Phone
Vernon Jackson, Office of Criminal Enforcement 202-564-1506
Doug Dixon, Office of Site Remediation & Enforcement 202-564-4232
Jeff Lightner, National Enforcement Training Institute 303-236-6782
Office of Prevention, Pesticides, and Toxic Substances
Larry Watkins, Program Manager 202-564-2096
[http://ww\vxpa.gov/oppts;piibs:inbal/index.htni]
Mary Lauterbach, Office of Pollution Prevention and Toxics 202-564-8821
Ronald J. Kendall, Office of Pesticide Programs 703-305-5561
Office of Solid Waste & Emergency Response
Felicia Wright, Coordinator [http://www.cpa.gov/epaoswer/non-
202-566-1886
hw/tnbai/indc x.htm]
Charles Reddoor, Solid & Hazardous Waste
703-308-8245
[blip: // ww vv. epa. go w t ri ba I ms w/ J
Janice Johnson, Office of Solid Waste / MISWD 703-308-7280
Tonya Hawkins, Office of Solid Waste / MISWD 703-308-8278
Denise Roy, Office of Solid Waste / MISWD 703-308-8458
Jennifer Wilbur, Brownfields [hnp:;/www.epa.go\.'sworosps/bl7iiKlcx.hi.iTil] 703-603-8851
Robert Myers, Superfund [huji:£www,eaia4:o^^^^ 202-566-2756
William "Nick" Nichols, Emergency Management [hi^\jv\\^-\^eciL^VMi£n]i] 202-564-1970
William Lienesch, Underground Storage Tanks [MuiLlwwv:..^Ea^fA^lliSIZ] 703-603-7162
Renee Wynn, Federal Facility Restoration and Reuse
r 703-603-0049
[http:. w WAV . cpa. go v / svvcrf trrv J
Office of Research and Development
Monica Rodia, Program Manager [http://ww\v.epa;i;ov ospiribes.htm] 202-564-8322
Office of Air and Radiation
Darrel Harmon, Senior, Tribal Manager [hup^wwxv.cpa.gov/airanbal] 202-564-7416
Julie McClintock, OAQPS Tribal Programs 919-541-5339
Office of General Counsel
Tod Siegel, Program Manager 202-564-5552
Joe Edgell 202-564-5514
David Coursen 202-564-0781
Office of the Chief Financial Officer
Drusilla Yorke, Program Manager [http://www.epa.gov/ocfo/] 202-564-7553
Office of Administration and Resources Management
Glen Langlois, Program Manager [http:/-'\wvw.epa.gov/ogd/index.htm] 202-564-5084
Laura McKelvey, OAQPS Community and Tribal Programs Manager 919-541-5497
Dennis O'Connor, Senior Advisor, Office of Radiation and Indoor Air 202-343-9213
Erika Wilson, Tribal Coordinator, Office of Atmospheric Programs 202-343-9113
Office of Environmental Information
Lorena Romero-Cedeno, Program Coordinator [http://ww\v.epa.gov/oci/] 202-566-0978
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Contact Phone
Julie Kocher, Tribal Information Management System 202-566-0710
Cassandra Vail, Toxic Release Inventory 202-566-0753
Mary Greene, Information Exchange Network 202-566-1634
Office of International Affairs
Pete Christich, Program Manager 202-564-6404
Office of Water
Karen Rudek, Program Manager [http:.-/wvvw.epa.gov/QW/index.html] 202-564-0472
Elin Betanzo, Safe Drinking Water Act 202-564-2811
Racquel Stephenson, Safe Drinking Water Act
r, • , r , , n 202"564-1 807
[http://wvvw.epa.gov/saievvater/index.himll
Andrea Matzke, Clean Water Act, Section 319 Nonpoint Source
202-564-1150
[http://vvww.epa.gov/salewater/nicex.htmlj
Adriana Hochberg, Clean Water Indian Set-Aside Program 202-564-0691
Nizanna Bathersfield, Water Permits Division 202-564-2258
Otto Gutenson, Clean Water Act Tribal 106 Program 202-564-1183
Kathleen Kutschenreute, Wetlands, Oceans, and Watersheds 202-566-1383
Gul Beg, Wastewater Management 202-564-0586
Marjorie Copeland, Source Water 202-564-3876
Frances Desselle, Science and Technology 202-564-0375
Jeff Jollie, Underground Injection Control
202-564-3886
Fred Leutner, Water Quality Standards 202-566-0378
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APPENDIX C. EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL
PROGRAMS ON INDIAN RESERVATIONS (NOVEMBER, 8,1984)
INTRODUCTION
The President published a Federal Indian Policy on January 24, 1983, supporting the primary
role of Tribal Governments in matters affecting American Indian reservations. That policy
stressed two related themes: (1) that the Federal Government will pursue the principle of Indian"
self-government" and (2) that it will work directly with Tribal Governments on a "government-
to-government" basis.
The Environmental Protection Agency (EPA) has previously issued general statements of policy
which recognize the importance of Tribal Governments in regulatory activities that impact
reservation environments. It is the purpose of this statement to consolidate and expand on
existing EPA Indian Policy statements in a manner consistent with the overall Federal position in
support of Tribal "self-government" and "government-to-governments" relations between federal
and Tribal Governments. This statement sets forth the principles that will guide the Agency in
dealing with Tribal Governments and in responding to the problems of environmental
management on American Indian reservations in order to protect human health and the
environment. The Policy is intended to provide guidance for EPA program managers in the
conduct of the Agency's congressionally mandated responsibilities. As such, it applies to EPA
only and does not articulate policy for other Agencies in the conduct of their respective
responsibilities.
It is important to emphasize that the implementation of regulatory programs which will realize
these principles on Indian Reservations cannot be accomplished immediately. Effective
implementation will take careful and conscientious work by EPA, the Tribes and many others. In
many cases, it will require changes in applicable statutory authorities and regulations. It will be
necessary to proceed in a carefully phased way, to learn from successes and failures, and to gain
experience. Nonetheless, by beginning work on the priority problems that exist now and
continuing in the direction established under these principles, over time we can significantly
enhance environmental quality on reservation lands.
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POLICY
In carrying out our responsibilities on Indian reservations, the fundamental objective of the
Environmental Protection Agency is to protect human health and the environment. The keynote
of this effort will be to give special consideration to Tribal interests in making Agency policy,
and to ensure the close involvement of Tribal Governments in making decisions and managing
environmental programs affecting reservation lands. To meet this objective, the Agency will
pursue the following principles:
*> The Agency Stands Ready to Work Directly with Indian Tribal Governments on a
One-to-one Basis (The "Government-to-Government" Relationship), Rather than as
Subdivisions of Other Governments.
EPA recognizes Tribal Governments as sovereign entities with primary authority and
responsibility for the reservation populace. Accordingly, EPA will work directly with
Tribal Governments as the independent authority for reservation affairs, and not as political
subdivisions of States or other governmental units.
» The Agency Will Recognise Tribal Governments as the Primary Parties for Setting
Standards, Making Environmental Policy Decisions and Managing Programs for
Reservations, Consistent with Agency Standards and Regulations.
In keeping with the principle: of Indian self-government, the Agency will view Tribal
Governments as the appropriate non-federal parties for making decisions and carrying out
program responsibilities affecting Indian reservations, their environments, and the health
and welfare of the reservation populace. Just as EPA's deliberations and activities have
traditionally involved the interests and/or participation of State Governments, EPA will
look directly to Tribal Governments to play this lead role for matters affecting reservation
environments.
• The Agency Will Take Affirmative Steps to Encourage and Assist Tribes in Assuming
Regulatory and Program Management Responsibilities for Reservation Lands.
The Agency will assist interested Tribal Governments in developing programs and in
preparing to assume regulatory and program management responsibilities for reservation
lands. Within the constraints of EPA's authority and resources, this aid will include
providing grants and other assistance to Tribes, similar to what we provide State
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Governments. The Agency will encourage Tribes to assume delegable responsibilities, (i.e.
responsibilities which the Agency has traditionally delegated to State Governments for non-
reservation lands) under terms similar to those governing delegations to States.
Until Tribal Governments are willing and able to assume full responsibility for delegable
programs, the Agency will retain responsibility for managing programs for reservations
(unless the State has an expressed grant of jurisdiction from Congress sufficient to support
delegation to the State Government). Where EPA retains such responsibility, the Agency
will encourage the Tribe to participate in policy-making and to assume appropriate lesser or
partial roles in the management of reservation programs.
• The Agency Will Take Appropriate Steps to Remove Existing Legal and Procedural
Impediments to Working Directly and Effectively with Tribal Governments on
Reservation Programs.
A number of serious constraints and uncertainties in the language of our statutes and
regulations have limited our ability to work directly and effectively with Tribal
Governments on reservation problems. As impediments in our procedures, regulations or
statutes are identified which limit our ability to work effectively with Tribes consistent with
this Policy, we will seek to remove those impediments.
* The Agency, in Keeping with the Federal Trust Responsibility, Will Assure That
Tribal Concerns and Interests Are Considered Whenever EPA's Actions And/or
Decisions May Affect Reservation Environments.
EPA recognizes that a trust responsibility derives from the historical relationship between
the Federal Government and Indian Tribes as expressed in certain treaties and Federal
Indian Law. In keeping with that trust responsibility, the Agency will endeavor to protect
the environmental interests of Indian Tribes when carrying out its responsibilities that may
affect the reservations.
• The Agency Will Encourage Cooperation Between Tribal, State and Local
Governments to Resolve Environmental Problems of Mutual Concern.
Sound environmental planning and management require the cooperation and mutual
consideration of neighboring governments, whether those governments be neighboring
States, Tribes, or local units of government. Accordingly, EPA will encourage early
communication and cooperation among Tribes, States and local Governments. This is not
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intended to lend Federal support to any one party to the jeopardy of the interests of the
other. Rather, it recognizes that in the field of environmental regulation, problems are often
shared and the principle of comity between equals and neighbors often serves the best
interests of both.
• The Agency Will Work with Other Federal Agencies Which Have Related
Responsibilities on Indian Reservation to Enlist Their Interest and Support in
Cooperative Efforts to Help Tribes Assume Environmental Program Responsibilities
for Reservations.
EPA will seek and promote cooperation between Federal agencies to protect human health
and the environment on reservations. We will work with other agencies to clearly identify
and delineate the roles, responsibilities and relationships of our respective organizations and
to assist Tribes in developing and managing environmental programs for reservation lands.
• The Agency Will Strive to Assure Compliance with Environmental Statutes and
Regulations on Indian Reservations.
In those cases where facilities owned or managed by Tribal Governments are not in
compliance with federal environmental statutes, EPA will work cooperatively with Tribal
leadership to develop means to achieve compliance, providing technical support and
consultation as necessary to enable Tribal facilities to comply. Because of the distinct status
of Indian Tribes and the complex legal issues involved, direct EPA action through the
judicial or administrative process will be considered where the Agency determines, in its
judgment, that: (1) a significant threat to human health or the environment exists, (2) such
action would reasonably be expected to achieve effective results in a timely manner, and (3)
the Federal Government cannot utilize other alternatives to correct the problem in a timely
fashion.
In those cases where reservation facilities are clearly owned or managed by private parties
and there is no substantial Tribal interest or control involved, the Agency will endeavor to
act in cooperation with the affected Tribal Government, but will otherwise respond to
noncompliance by private parties on Indian reservations as the Agency would to
noncompliance by the private sector elsewhere in the country. When the Tribe has a
substantial proprietary interest in, or control over, the privately owned or managed facility,
EPA will respond as described in the first paragraph above.
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« The Agency Will Incorporate These Indian Policy Goals into its Planning and
Management Activities Including its Budget, Operating Guidance, Legislative
Initiatives, Management Accountability System and Ongoing Policy and Regulation
Development Processes.
It is a central purpose of this effort to ensure that the principles of this Policy are effectively
institutionalized by incorporating them into the Agency's ongoing and long-term planning and
management processes. Agency managers will include specific programmatic actions designed
to resolve problems on Indian reservations in the Agency's existing fiscal year and long-term
planning and management processes.
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APPENDIX D. ENVIRONMENTAL ORGANIZATIONS GUIDE
This appendix lists many of the organizations that the EPA Indian Program works with in
various capacities. These organizations are categorized into two types: National/Regional
Indian organizations and National/Regional EPA organizations. There are over 150 tribal
organizations throughout the country that address environmental and natural resource issues.
The section on National/Regional Indian organizations is an illustrative selection of some of
these organizations. The National/Regional EPA Organizations are those groups that have been
established by EPA to serve as work groups or advisory groups.
NATIONAL/REGIONAL INDIAN ORGANIZATIONS
Affiliated Tribes of Northwest: Indians
Alaska Inter-Tribal Council
American Indian Science and Engineering Society
California Indian Basketweavers Association
Chippewa Ottawa Resource Authority
Columbia River Inter-Tribal Fish Commission
Council of Energy Resource Tribes
Great Lakes Indian Fish and Wildlife Commission
Haudenosaunee Environmental Task Force
Indigenous Environmental Network
Institute for Tribal Environmental Professionals
Inter Tribal Council of Arizona
Intertribal Agriculture Council
Intertribal Bison Cooperative
Inter-Tribal Council of Michigan
Inter-Tribal Environmental Council of Oklahoma
Intertribal Timber Council
Midwest Alliance of Sovereign Tribes
Midwest Treaty Network
Midwest Tribal Aquaculture Network
Mni Sose Intertribal Water Rights Coalition
National Congress of American Indians
National Indian Health Board
National Indian Justice Center
National Tribal Environmental Council
Native American Fish & Wildlife Society
Native American Rights Fund
Native American Water Association
Northwest Indian Applied Research Institute
Northwest Indian Fisheries Commission
The National Tribal Air Association
Tribal Solid Waste Advisory Network
United South and Eastern Tribes
Western Regional Air Partnership
Yukon River Inter-Tribal Watershed Council
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NATIONAL/REGIONAL EPA ORGANIZATIONS
American Indian Advisory Council (AIAC)
Forum on State and Tribal Toxics Action
National Environmental Justice Advisory Council (NEJAC) Indigenous Peoples Subcommittee
National Pollution Prevention & Toxics
Advisory Committee (NPPTAC)
Regional Tribal Operations Committee (RTOC)
Tribal Operations Committee (TOC)
Tribal Pesticide Program Council (TPPC)
Tribal Science Council (TSC)
NATIONAL/REGIONAL INDIAN ORGANIZATIONS
Affiliated Tribes of Northwest Indians
In 1953 tribal leaders in the Northwest formed the ATNI, and dedicated it to tribal sovereignty
and self-determination. Today, ATNI is a nonprofit organization representing northwest tribal
governments from Oregon, Idaho, Washington, southeast Alaska, Northern California and
Western Montana. ATNI is an organization whose foundation is composed of the people it is
meant to serve — the Indian peoples. Representatives from the member tribes set the policy and
direction through committees by way of resolutions during yearly meetings. For more
information, visit the Affiliated Tribes of Northwest Indians Web site [htip://w\vw.ainitribcs.om/] or
call (503) 249-5770. Membership: 55 Tribes
Alaska Inter-Tribal Council
AITC is a statewide, tribally governed non-profit organization that advocates in support of tribal
governments throughout the state. AITC promotes indigenous self-determination by providing
technical assistance to tribal governments, facilitating inter-governmental and inter-agency
communication and collaboration, offering public education regarding Alaska Native cultures
and tribal governments, and advocating on behalf of tribal initiatives and self-governance. For
more information, visit the Alaska Inter-Tribal Council Web site [http: w\vw.aitc.org/] or call (907)
563-9334. Membership: 231 Tribes.
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American Indian Science and Engineering Society
AISES is a private, nonprofit organization that nurtures building of community by bridging
science and technology with traditional native values. For more information, visit the American
Indican Science and Engineering Society Web site [http://www.aises.org/] or call (505) 765-1052
California Indian Basketweavers Association
CIBA's mission is to preserve, promote, and perpetuate California Indian basketweaving
traditions while providing a healthy physical, social, spiritual, and economic environment for
basketweavers. For more information, visit the California Indian Basketweavers Association
Web site [http:/7w ww.dba.org/] or call (530) 272-5500. Membership: There are two categories -
Voting Member - California Indian Descent and practice traditional California Indian basketry
and Associate Member Supporters.
Chippewa Ottawa Resource Authority
CORA manages and regulates the 1836 treaty fishery for the Bay Mills Indian Community, Sault
Ste. Marie Tribe of Chippewa Indians, the Grand Traverse Band of Ottawa and Chippewa
Indians, the Little River Band of Ottawa Indians, and the Little Traverse Bay EJands of Odawa
Indians. For more information, visit the Chippewa Ottawa Resource Authority Web site
[http://lSjfocora.oi-g/] or call (906) 632-0043. Membership: 5 Tribes.
Columbia River Inter-Tribal Fish Commission
CRITFC was created in 1977 to coordinate the management and protection of the tribes' treaty
fishery resource and to implement the tribes' fishery policies and objectives in the Columbia
Basin. CRITFC staff consists primarily of biologists, attorneys, and other professionals who
provide legal and technical assistance to the tribes on issues relating to protection, enhancement,
and sustainable use of the fishery resources in the Columbia River Basin. For more information,
visit the Columbia River Inter-Tribal Fish Commission Web site [http://\\• ww.criifc.org/] or call
(503) 238-0667. Membership: The governing body of CRITFC, the Commission, consists of
the Fish and Wildlife Committees of Warm Springs, Yakama, Umatilla and Nez Perce Tribes
located in Oregon, Washington, and Idaho.
Council of Energy Resource Tribes
CERT promotes the general welfare of member tribes through the protection, conservation,
control and prudent management of their oil, coal, natural gas, uranium, and other resources.
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Activities include giving on-site technical assistance to tribes in energy resource management,
conducting programs to enhance tribal planning and management capacities, and sponsoring
workshops. For more information, visit the Council of Energy Resource Tribes Web site
[httE^i^^^c^rtrt^mih.co.nv] or call (303) 282-7576. Membership: 57 tribes in U.S. and Canada
(4).
Great Lakes Indian Fish and Wildlife Commission
GLIFWC provides technical assistance to its 11 member tribes in the conservation and
management offish, wildlife, and other natural resources throughout the Great Lakes region,
thereby ensuring access to traditional pursuits of the Chippewa people. For more information,
visit the Great Lakes Indian Fish and Wildlife Commission Web site [http://giifa-c.oru/] or call
(715) 682-6619. Membership: 9 Tribes.
Haudenosaunce Environmental Task Force
HETF is an inter-tribal consortium that addresses environmental matters for the Iroquois
Confederacy. HETF is composed of delegates (Haudenosaunee leaders, environmental
technicians, and scientists) chosen by each of the Haudenosaunee Nations. These individuals are
from the 4 federally recognized nations of Cayuga, Tuscarora, Onondaga, and Tonawanda-
Seneca as well as from the 2 non-federally recognized nations of Mohawk and Oneida and are
committed to identifying environmental problems in their communities and working to find
solutions to them. For more information, visit the Haudenosaunee Environmental Task Force
Web site [j]ttiiz;:^v^ictjbniiric..()rg/] or call (518) 358-3381. Membership: Cayuga, Tuscarora,
Onondaga, and Tonawanda-Seneca, Mohawk and Oneida Nations.
Indigenous Environmental Network
IEN is governed by a national council of indigenous grassroots organizations and individuals.
The services provided by the IEN National Office include a national clearinghouse on
environmental issues; a resource and referral network for technical information and fact sheets;
national/regional/local education on grassroots organizing, training, and strategic development;
annual conference planning; and information dissemination on indigenous grassroots
environmental groups and tribal government environmental programs. For more information,
visit the Indigenous Environmental Network Web site [http:/. vvww.ienearth.org/] or call (218) 751-
4967.
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Institute for Tribal Environmental Professionals
ITEP was created to act as a catalyst among tribal governments; research and technical resources
at Northern Arizona University (NAU); various federal, state and local governments; and the
private sector, in support of environmental protection of Native American natural resources.
ITEP was established at NAU in 1992, in cooperation with EPA and seeks to assist Indian Tribes
in the management of their environmental resources through effective training and education
programs. For more information, visit the Institute for Tribal Environmental Professionals Web
site [http://www4.nau.edu/itep/] orcall (928) 523-9555.
Intertribal Agriculture Council
lAC's mission is to pursue and promote the conservation, development and use of agricultural
resources in Indian country. For more information, visit the Intertribal Agricultural Council Web
site [MuiiiL^^^myiML^ik^iioJ/] or call (406) 259-3525.
Intertribal Bison Cooperative
ITBC provides technical support 1o tribal bison management operations and helps tribes acquire,
and care for bison. The cultural significance of bison to Native Americans is a significant factor
in the ITBC's advocacy of tribal management of bison. For more information, visit the
Intertribal Bison Cooperative Web site [littp://wwvv.inienribalbison.com.'] or call (605) 394-9730.
Membership: ITBC has a membership of 42 tribes with a collective herd of over 8,000 bison.
Inter Tribal Council of Arizona
The Inter Tribal Council of Arizona was formed in 1953. In 1975 it established the Inter Tribal
Council of Arizona, Inc. (ITCA) to provide a united effort to promote Indian self-reliance
through public policy development. ITCA provides an independent capacity to obtain, analyze,
and disseminate information vital to Indian community development. The 20 member tribes of
ITCA are the highest elected tribal officials, tribal chairpersons, presidents, and governors. For
more information, visit the Inter Tribal Council of Arizona Web site [http: /vvww. itcaonline.com ] or
call (602) 258-4822. Membership: ITCA has a membership of 20 tribes.
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Inter-Tribal Council of Michigan
MITC provides a forum for member tribes and advocates for development of programs and
policies on improvement of economy, education, and quality of life for Michigan native
Americans. Additionally, MITC provides technical assistance to member tribes including
development of tribal laws and regulations. For more information, visit the Inter-Tribal Council
of Michigan Web site in [Mpiiw^jicim^org/] or call (906) 632-6896. Membership: 12 Tribes.
Inter-Tribal Environmental Council of Oklahoma
ITEC was formed in October 1992 by the signing of a Memorandum of Understanding between
20 Oklahoma tribes and EPA Region 6. Since that time other tribes have joined and the current
membership includes 36 tribes in Oklahoma, New Mexico, and Texas. ITEC provides
environmental management for air, land, and water resources to the member tribes. For more
information, visit the Inter-Tribal Environmental Council of Oklahoma Web site
[Imp:// www.itecmembcrs.org/] or call (918) 458-5498. Membership: 36 Tribes.
Intertribal Timber Council
ITC advocates the conservation, enhancement and development of tribal timber resources for the
benefit of tribal members. For more information, visit the Intertribal Timber Council Web site
[hiicii iwAv^dtejieLorg/] or call (503) 282-4296. Membership: 1 1 Tribes.
Midwest Alliance of Sovereign Tribes
MAST consists of tribes from Wisconsin, Minnesota, Michigan, and Iowa. MAST formed to
work pro-actively on common political and administrative issues and to advance, protect,
preserve and enhance their mutual interests, sovereignty, and cultural way of life. For more
information, visit the MAST Web site [http://www.m-a-s-t.org/] or call (715) 793-4386.
The Midwest Treaty Network
MTN was founded in 1989 as an alliance of Indian and non-Indian groups supporting Native
American sovereignty in the western Great Lakes region. The MTN is works with numerous
tribes and tribal organizations throughout the region on issues of cultural respect including
sacred site protection, opposition to spiritual exploitation and cultural trivialization (e.g., Indian
mascots issues), support for environmental protection and land claims, and building cultural and
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economic ties between Native and non-Native communities. While founded in the context of the
Chippewa (Ojibwe) treaty struggle, it is concerned generally with defending and strengthening
Native cultures and nationhood, protecting Mother Earth, and fighting racism and other forms of
domination throughout our region. The Network has taken a stand against economic and
political pressure on indigenous nations to give up their rights. For more information, visit The
Midwest Treaty Network Web site [http://www.treatvland.com/] or call (715) 833-1777.
The Midwest Tribal Aquaculture Network
MTAN is composed of Tribal Fish Hatchery Biologists who are interested in promoting fish-
rearing techniques for Tribal hatchery programs. The primary means of assisting tribal hatchery
employees is by sharing information through the organization's quarterly newsletter. For more
information, visit The Midwest Tribal Aquaculture Network Web site
[htt{K//www,fafs.gov/iiiidwest/ashlaiid/nitan/mianhome.htiTil] or call the contacts listed below.
Contacts: Elizabeth W. Greiff, St. Croix Tribal Natural Resources Department, (715) 349-2195
Frank G. Stone, US Fish and Wildlife Service Ashland FRO, (715) 682-6185 (ext 202)
Mni Sose Intertribal Water Rights Coalition
Mni Sose is based in Rapid City, South Dakota and is composed of 23 member tribes in the
Missouri River Basin. Four other tribes (Crow Creek Sioux Tribe, Oglala Sioux Tribe, Standing
Rock Sioux Tribe, and Iowa Tribe of Kansas) that are non-members are also located within the
Missouri River Basin. Mni Sose was formally organized and recognized by the Missouri River
Basin Indian Tribes in January of 1993. The Coalition's objectives are to strengthen tribal
capabilities necessary to manage, control, and protect tribal water resources and to implement
tribal environmental programs. For more information, visit the Mni Sose Intertribal Water Rights
Coalition Web site at [http://www.mnlsosc.org/] or call (605) 343-6054. Membership: 23 Tribes.
National Congress of American Indians
NCAI founded in 1944, is the oldest, largest, and most representative national Indian
organization, serving more than three quarters of the American Indian and Alaska Native
population. NCAI is organized as, a representative congress of consensus on national priority
issues. NCAI issues and activities include protection of Indian cultural resources and religious
freedom, promotion of Indian economic opportunity, and support of environmental protection
and natural resources. Over the past few years, NCAI has passed numerous resolutions
supporting various environmental issues. For more information, visit the National Congress of
American Indians Web site [http://www.nciii.org/] or call (202) 466-7767. Membership: 250
member tribes from throughout the United States.
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National Indian Health Board
NIHB represents Tribal Governments operating their own healthcare delivery systems through
contracting and compacting, as well as those receiving healthcare directly from the Indian Health
Service (IHS). NIHB advocates on behalf of all Tribal Governments and American
Indians/Alaska Natives in their efforts to provide quality healthcare. In addition, there are several
local Area Health Boards that serve as a communication link between the NIHB and the tribes
and are located across the country. For more information, visit the National Indian Health Board
Web site [httni^v^^niMi^g/] or call (202) 742-4262.
National Indian Justice Center
NIJC is an Indian owned and operated non-profit corporation established in 1983 through the
collective efforts of the National American Indian Court Judges Association, the American
Indian Lawyer Training Program, and the Bureau of Indian Affairs as an independent national
resource for Native communities and tribal governments. The goals of NIJC are to design and
deliver legal education, research, and technical assistance programs which seek to improve the
quality of life for Native communities and the administration of justice in Indian country. NIJC
has designed and conducted regional trainings, on-site training and conferences for tribal courts,
tribal government, law enforcement, social services, medical personnel, victim's assistance
programs and others on alcohol and substance abuse, alternative dispute resolution, child abuse
and neglect, domestic violence, Indian youth and family law, juvenile justice, and federal Indian
law. For more information, visit the National Indian Justice Center [hty^nucmiij.ian.-.tmnj or
contact NIJC at 5250 Aero Drive, Santa Rosa, CA 95403, (707) 579-5507 or (800) 966-0662,
Fax: (707) 579-9019, nyc^aoUom.
The National Tribal Air Association
NTAA is a membership organization dedicated to advancing air quality management policies
and programs, consistent with the needs, interest, and unique legal status of American Indian
Tribes and Alaskan Natives. NTAA is overseen by an Executive Committee comprised of a
primary and an alternate representative from each EPA Region and Alaska. Principal
membership—persons who work within the Tribal Environmental Profession and have had a
resolution/letter of intent submitted by their respective tribal leaders — is open to federally
recognized Indian tribes. Associate membership is open to individuals and organizations
interested in protecting tribal air sheds. NTAA services include policy analysis, quarterly
newsletters, and assistance on key tribal air issues. For more information, visit The National
Tribal Air Association [http://www.niaatnbalair.org/] or (505) 242-2175, ext. 111.
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National Tribal Environmental Council
NTEC was formed in 1992 and is a membership organization dedicated to working with and
assisting tribes in the protection and preservation of reservation environments. NTEC services
include environmental technical support, newsletters, updates, federal regulatory and legislative
summaries, workshops on specific environmental issues, resource clearinghouse and reference
library, and intergovernmental cooperation. For more information, visit the National Tribal
Environmental Council Web site [hup: w\ ww.ntec.org/] or call (505) 242-2175. Membership:
Membership is available to all federally recognized Indian tribes and associate membership is
available to individuals and organizations interested in protecting tribal environments. NTEC
has 182 member tribes.
Native American Fish & Wildlife Society
NAFWS exists for the protection, preservation, and enhancement offish & wildlife resources.
The Society's purposes are charitable, educational, scientific, and cultural. For more
information, visit the Native American Fish & Wildlife Society Web site
[htip:.Vna fws.org cms .-'index, php] or call (303) 466-1725. Membership: The Society represents
professional biologists, natural resource managers, technicians, and conservation law
enforcement officers. There are currently 224 member tribes.
Native American Rights Fund
NARF was formed in 1970 to provide top-quality legal representation to tribes regardless of their
ability to pay. NARF has represented hundreds of tribes and its work has included the areas of
tribal cultural preservation, protection of tribal natural resources, promotion of human rights,
government accountability and development of Indian Law. For more information, visit the
Native American Rights Fund Web site [http://www.naif.org/] or call (303) 447-8760.
Native American Water Association
NAWA works to provide tribal water and wastewater operators, managers, utility commissions
and tribal leadership with continued training and technical assistance in their goals to strengthen
tribal sovereignty and self-determination and protect health and environment in Indian Country.
For more information, visit the Native American Water Association Web site
[http://wwvv.nawainc.org] or call (775) 782-6636.
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Northwest Indian Applied Research Institute
NIARI's mission is to serve the interests of the tribes in the area, by applying the principles of
applied research, putting theory into practice, and making available college and community
resources to address the needs of Washington State tribes and native people.
NIARI is associated with Evergreen State College who has a proven history of educational
service to the tribes. Through development of the Northwest Indian Applied Research Institute,
the college has made a commitment to the indigenous people of western Washington. The
Institute expands its services to what Evergreen College offers which allow the college to assist
local tribes in meeting economic, governance and resource goals. In return, the Institute
provides additional, real-life learning opportunities for Evergreen students. For more
information, visit the Northwest Indian Applied Research Institute Web site
[hltp://www.cverurccn.edu/nwinclian'] or call (360) 867-6614.
Northwest Indian Fisheries Commission
The Treaty Indian Tribes in Western Washington established the NIFC in 1974 to help them
manage their fisheries and to provide member tribes a single, unified voice on fishery-related
issues. The Commission provides informational and educational services, fishery management,
planning and enhancement support, environmental coordination, and quantitative and technical
services. For more information, visit the Northwest Indian Fisheries Commission Web site
[ium:iiwww.,nwi£c,oru] or call (360) 438-1180. Membership: 20 Tribes.
Tribal Solid Waste Advisory Network
Founded in 1997, TSWAN is a non-profit alliance of Native American Tribes from throughout
the Pacific Northwest who strive to make effective and environmentally responsible solid waste
management a priority on reservations and in tribal communities. One of TSWAN's primary
goals is to share technical expertise, information and educational resources, and opportunities
with one another, as well as providing Tribal perspective to agencies and organizations designing
waste programs so they are effective in Indian Country. For more information, visit the Tribal
Solid Waste Advisory Network Web site [http://\v\vvv.tswan.org/main main.asp] or call (509) 235-
6007. Membership: 18. 56 Villages under the Association of Village Council President, Bethel,
Alaska.
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United South and Eastern Tribes
USET is an intertribal organization comprised of 23 federally-recognized tribes. The primary
goals and objectives of USET include the promotion of tribal health, safety, welfare, education,
economic development, and employment opportunities and the preservation of cultural and
natural resources. For more information, visit the United South and Eastern Tribes Web site
[http://www.usetinc.org/] or call (615) 872-7900. Membership: 24 Tribes.
Western Regional Air Partnership
WRAP is a collaborative effort of tribal governments, state governments and various federal
agencies to implement the Grand Canyon Visibility Transport Commission's recommendations
and to develop the technical and policy tools needed by western states and tribes to comply with
the EPA's regional haze regulations. Other common air quality issues raised by WRAP members
may also be addressed.
The Partnership promotes, supports and monitors the implementation of recommendations
throughout the West. The WRAP is also implementing regional planning processes to improve
visibility in all Western Class I areas by providing the technical and policy tools needed by states
and tribes to implement the federal regional haze rule. The WRAP is administered jointly by the
Western Governors' Association and the National Tribal Environmental Council. Participation
is encouraged throughout the Western states and tribes. For more information, visit the Western
Regional Air Partnership Web site [http://www.wrapair.oi-g/tribal/].
Yukon River Inter-Tribal Watershed Council
Focusing efforts from the headwaters to the mouth of the Yukon River, YRITWC promotes
environmentally sound use of the land, water, and resources of the fourth largest watershed in
North America. Federally recognized Tribes in Alaska and First Nations in Canada came
together in 1997 to promote biodiversity and enhance sustainability in the watershed. For more
information, visit the Yukon River Inter-Tribal Watershed Council Web site
[Imp: wvvw.yntwc.com/] or call (907) 451-2530. Membership: 58 Tribes signed an Accord to
protect and restore the watershed
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NATIONAL/REGIONAL EPA ORGANIZATIONS
American Indian Advisory Council
AIAC is a Special Emphasis Program Council organized under the Office of Civil Rights. The
central purpose of AIAC is to serve as an advisory group to the Administrator of EPA to
recommend actions that address concerns of American Indians in the EPA workforce, and of the
Indian tribes. Membership is open to all employees of EPA.
Contact: Secody Hubbard, Office of Civil Rights, (202) 564-7286
Forum on State and Tribal Toxics Action
FOSTTA was established in spring of 1991 as a partnership between OPPT and state and tribal
leaders to increase understanding and improve collaboration on toxics and pollution prevention
issues among the states, tribes, and EPA. FOSTTA is comprised of members from state and
tribal communities who have an interest in pollution prevention programs and toxics issues and
meets three times a year. The FOSTTA Tribal Affairs Project was created in 1997. In 2002, the
Environmental Council of States (ECOS), in partnership with the National Tribal Environmental
Council, was awarded a five-year cooperative agreement to manage FOSTTA. For more
information, visit the FOSTTA Web site [htip://\vvvw.e(.-os.org./seci.i()ii/projects/'.'id-653].
Contacts: Margaret Sealey, Environmental Council of the States, (202) 624-3662
Darlene Harrod, EPA Office of Pollution Prevention and Toxics, (202) 564-8814
National Environmental Justice Advisory Council (NEJAC) Indigenous Peoples
Subcommittee
NEJAC was charted as a Federal Advisory Committee in 1993. The Council has 26
representatives, including the Designated Federal Officer. The Council is made up of
representatives from seven key environmental justice constituencies including community-based
groups, business and industry, academic and educational institutions, tribal governments, state
and local governments, and nongovernmental organizations.
The Council has seven subcommittees, one of which is the Indigenous Peoples Subcommittee.
This Subcommittee has nine members from a diversity of backgrounds, such as tribal
government, indigenous grassroots groups and environmental organizations, tribal business and
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industry, academia, and state government. This Subcommittee is primarily focused on reviewing
Agency actions to address environmental justice and developing recommendations for bringing
about environmental justice in Indian country.
Contact: Daniel Gogal, Designated Federal Official, (202) 564-2576
National Pollution Prevention and Toxics Advisory Committee
NPPTAC is the national advisory body to provide advice, information and recommendations on
the overall policy and operation of programs managed by EPA's Office of Pollution Prevention
and Toxics, in performing its duties and responsibilities under TSCA and the Pollution
Prevention Act (PPA). NPPTAC provides a forum for public discussion and the development of
independent advice to the EPA Administrator by taking advantage of the experience, strengths
and responsibilities of a broad range of Agency constituents and stakeholders. In addition,
federal agency representatives or national experts serve as technical advisors to NPPTAC.
Membership: NPPTAC is composed of fifteen members, with balanced representation from
industry, non-governmental organizations, states and tribes, academia and other institutions, with
knowledge and experience with risk management, risk communication, and pollution prevention
programs. NPPTAC is expected to meet at least three times per year. Technical advisors, while
not members of the Committee, provide information and advice about their federal agencies'
policies and positions as needed by the NPPTAC during discussions. The NPPTAC Web site
[http:. www.epa.uox. oppi nppiac ] provides more information.
Contacts: John Alter, EPA Office of Pollution Prevention and Toxics, (202) 564-8074
Aresia Williams, EPA Office of Pollution Prevention and Toxics, (202) 564-0308
Regional Tribal Operations Committees
The formation of RTOCs at each EPA region with federally recognized tribes is to facilitate
communications regarding tribal environmental matters within the regions. RTOC and its
members help the regional offices institutionalize the Agency's Indian Policy and serve as an
important liaison on regional and national environmental issues that impact Indian country,
between Native American tribes, EPA's Regional Offices, EPA's national program offices, and
the Tribal Operations Committee. The RTOC helps maintain open and consistent communication
among tribes, and between tribes and EPA management.
Membership: Membership of RTOC varies by Region. Region 2 does not have an RTOC. The
Indian nations in Region 2 have an annual meeting with EPA senior leaders.
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Tribal Operations Committee
In order to improve communications and build stronger partnerships with the tribes, the Agency
established the Tribal Operations Committee (TOC) in February 1994. The TOC is comprised of
19 tribal leaders (the Tribal Caucus) and EPA's Senior Leadership Team, including the
Administrator, the Deputy Administrator, and the Assistant and Regional Administrators. The
TOC is co-chaired by the EPA Administrator and the Chairperson of the TOC Tribal Caucus.
The TOC meets on a regular basis to discuss implementation of the environmental protection
programs for which EPA and the tribes share responsibility as co-regulators. All tribes are
encouraged to communicate with the members of the TOC Tribal Caucus. Although the TOC is
an important and effective vehicle for enhancing communications between EPA and the tribes, it
is not a substitute for Agency consultation with individual tribes in accordance with the
Administration policy of working with Indian tribes on a government-to-government basis.
Membership: 19 TOC members from nine EPA regions. Region 1, Region 2, & Regions 4-10
Chairman: Calvin E. Murphy, R4, Eastern Band of Cherokee Indians - Qualla Boundary. P.O.
Box 547, Cherokee, NC 28719. Phone: (828) 497-1839
Vice Chair: Nat Nutongla, R9, Hopi Tribe, Main Street, P.O. Box 123, Kykotsmovi, AZ 86039.
Phone: (928)734-3711
Secretary: Felix Kitto, R7, Santee Sioux Tribe of Nebraska, 52948 Highway 12, Niobrara,
Nebraska 68760. Phone: (402) 857-3338
EPA Contact: Carol Jorgensen, Director, American Indian Environmental Office (A1EO). Phone:
(202) 564-0303
Tribal Pesticide Program Council
EPA's Office of Pesticide Programs (OPP) Tribal Program organized the TPPC in late 1999.
TPPC is a tribal technical resource and program and policy dialogue and development group,
focused on pesticide issues and concerns. It meets twice a year and provides a vehicle through
which tribes can voice opinions on national pesticide policies and raise tribal pesticide issues to
federal attention. The TPPC is a strong partner with the EPA to ensure that tribes will continue
to provide a major impetus for the long-term strategic direction taken by the Office of
Prevention, Pesticide, and Toxic Substances (OPPTS) Tribal Program as it strives to build tribal
capacity and produce an Agency pesticide strategy that is responsive to tribal needs and
concerns. In addition, the TPPC serves as a technical resource pool for tribes in Indian country.
Membership: The TPPC is composed of authorized representatives from federally recognized
tribes and Indian nations and intertribal organizations. Authorization must be in writing by a
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letter from either the Tribal Chairperson or a letter or resolution from the Tribal Council or
similar governing body. At this time there are 42 authorized representatives, including some
authorized alternates. Thirty-two tribes or Indian nations have authorized representatives.
Contacts: The Authorized Representative is the elected TPPC Chairperson.
Irving Provost, Director of Pesticide Enforcement for the Oglala Sioux Tribe, (605) 867-5624
The Administrative Contact is the Coordinator of the TPPC.
Lillian A. Wilmore of Native Ecology Initiative, (617) 232-5742
Tribal Science Council
TSC provides a forum for interaction between Tribal and Agency representatives of mutual
benefit and responsibility to work collaboratively on environmental scientific issues.
Membership: Membership in the TSC consists of a single tribal representative from each of the
nine EPA Regions with federally recognized tribes, an additional tribal representative designated
in Region 10 to represent Alaska Native communities, and a single Agency representative from
each Headquarters program office and region. Agency representatives are designated by
Assistant Administrators from the EPA program office and regions. Tribal representatives are
nominated by their Regional Tribal Operations Committees through the National Tribal
Operations Committee.
Executive Secretary: Claudia Walters, EPA Office of Research & Development, (202) 564-6762
Officers: David Nelson, Cheyenne River Sioux Tribe, Co-Chair, (605) 964-6558
Roland Hemmett, EPA Region 2, Co-Chair, (732) 321-6755
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Profile of Tribal Government Operations
APPENDIX E. COMPLIANCE AND TECHNICAL ASSISTANCE RESOURCES
This appendix provides information on federal and non-federal compliance assistance resources
for tribes and tribal operations. This chapter highlights and briefly describes the range of
resources available. This resource list is not exhaustive.
GENERAL COMPLIANCE AND TECHNICAL ASSISTANCE MATERIAL
Tribal Environmental and Natural Resource Assistance Handbook
[http:.••7www.epa.gov indian.pdfs iribook.pdi'] provides information on federal sources of both
technical and financial assistance related to environmental management.
Everything You Wanted to Know About Environmental Regulations...But Were Afraid to
Ask offers brief, clear information on many topics and identifies where tribes can turn for
in-depth information and assistance. Contact: EPA Region 7, Elizabeth Wendt at
v\;en dt e I i ZillK' b!' 'j cpa.gov
TRAINING - GENERAL
EPA's National Enforcement Training Institute (NETI) trains federal, state, tribal, and
local lawyers, inspectors, civil and criminal investigators, and technical experts in the
enforcement of the Nation's environmental laws. NETI provides a comprehensive and
integrated approach to training in which enforcement and compliance personnel are trained
in a range of specialities in order to work together more effectively as a team. The
Government Training, National Enforcement Training Institute Web site
[http: ww\v.epa.go\ /compliaiKxvtraininir'neti/index.html] provides more information.
Emergencv Management Framework for Tribal Governments courses offered by the
Federal Emergency Management Agency to tribal members who have emergency
management responsibilities. The Tribal Information page of the FEMA Web site
[hup: ww«.lenia.gov/'govcinmcnt/tnbal. index.shtm] provides more information.
EPA's Working Effectively with Tribal Governments Training is designed to increase EPA
staff understanding of tribal legal and cultural issues, acquaint EPA staff with the EPA
Indian policy and its place in the management of environmental programs, and provide
suggestions and practical tips for EPA staff members who work with tribes. EPA's Tribal
Training Materials page of the American Indian Environmental Office Web site
[http: 'www.epa.gQviindiaivresourcg/intro.htm] provides more information.
EPA's Resource Guide [http:/. ww\v.cpa.gov/indian/rcsourcc/intro.htm] is a comprehensive source
of information presented in the Working Effectively with Tribal Governments training
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modules. It can be viewed or printed out by chapter and contains links to related documents
posted on the Internet.
• Western Community Policing Center's Tribal Training Program
[http://w\vw.tribaltniining.com training,, tribal _.php] promotes safe, healthy, and stable Indian
reservation communities by providing tribal justice systems with the funding and technical
assistance necessary to effectively reduce crime and administer justice.
s Agency for Toxic Substances and Disease Registry (A TSDR) Tribal Environmental Health
Education Program [http://vvivvv.atsdr.cdc.gOv/trihal/doc.s/tlnalfactshcct 2pagc.pdf] provides
resources for tribal health professionals to identify, prevent, and respond to health issues
related to environmental contamination.
m Training Tribal Environmental Professionals: Using a Project, Not a Projector [by P.
Ellsworth, et al.,] offers training that is sensitive to the vast cultural heritage of Native
Americans.
R EPA's Grant Writing Tutorial [http://www.purdLic.edu/dp/cnvirosoft/granls/src/insicopcn.hlm] is
interactive software that walks users through the grant-writing process and helps them learn
to write more competitive grants. The program includes detailed information and tips on
writing a grant proposal, how to complete a grant application package, arid program-
specific sections on three EPA grant programs: environmental justice, environmental justice
through pollution prevention, and environmental education.
" Cherokee Nation Geographic Information System Training Program is for tribal map-
making professionals and those interested in learning more about tribal mapping methods
and CIS technology. Contact Laura Harjo at (800) 256-0671, ext. 2421, or maj]to:«is-
/ cherokee. om.
COMPLIANCE ASSISTANCE CENTERS
Each Compliance Assistance Center [http://www.assistancecentcrs.net/] addresses real world
issues faced by a specific industry or government sector. The Centers deliver information
in many forms: Web sites, telephone assistance lines, fax-back systems, and e-mail
discussion groups. The Centers help tribes understand an array of environmental
requirements, and offers information on how to save money by preventing pollution in the
first place.
CCAR-GreenLink® [http://www.ccar-ureenlink.org/], the National Automotive Environmental
Compliance Assistance Center helps persons engaged in automotive service, collision
repair and other sectors of the automotive industry better understand their environmental
responsibilities, and to help them achieve compliance with environmental program
requirements.
ChemAlliance [http://www.chemalliance.org/] offers regulatory information for the chemical
process industries.
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B Printers' National Environmental Assistance Center [hup:/'www.pneac.ori.;.] is a direct
conduit to experts and reliable information on environmental issues related to the printing,
publishing and packaging industry.
" Transportation Center [http://w\vw.iransource.org/] offers simple environmental solutions for
the transportation industry.
» The Paint and Coatings Resource Center [http^www.pamtcemer.org/] delivers regulatory and
pollution prevention information, either directly to businesses engaged in painting and
coating or indirectly through the technical assistance community.
• National Metal Finishing Center [hup://www.nmtrc.org/] is a comprehensive environmental,
technical, and pollution prevention resource for the metal finishing industry. Key features
include: a searchable technical database; compliance assistance tools, including full text
regulations and interpretations from EPA and other entities; specifications (with index)
used in metal finishing; shop, supplier, and people directories; interactive features to obtain
reliable information from industry experts; and on-line calculators designed for finishing
needs.
m The Printing and Wiring Board Resource Center [http:/.••\vw\v.pwbrc.org/] provides easy-to-
use, in-depth technical information on pollution prevention and regulatory compliance.
m FedCenter [lmrji£i>vA\^e^ is a virtual compliance assistance center providing
information on environmental regulations, pollution prevention, and policies affecting
federal agencies.
m The Local Government Environmental Assistance Network \httpiLi^!^L^w\,coin] provides
environmental management, planning, funding, and regulatory information for local
government elected and appointed officials, managers and staff. LGEAN enables local
officials to interact with their peers and others online. In an effort to reach all local
governments, LGEAN also manages a toll-free telephone service ((877) 865-4326).
" Environmental Compliance for Automotive Recyclers [http: vwww.ecarcemer.org ] is designed
for automotive recycling facilities that are subject to federal, state and local environmental
laws. The ECAR Tour is designed to provide a state-by-state breakdown of the
requirements that apply specifically to industry activities.
• Construction Industry Compliance Assistance Center [http://ww\v.cicaccntcr.org/] is a place to
find plain language explanations of environmental rules for the construction industry. The
Center also provides links to detailed information, including state regulations and other
resources.
• The Border Compliance Assistance Center [http://wwu-.bordercenter.org/] provides information
related to transporting cargo from Mexico into the United States, with special attention to
solid and hazardous wastes. The Center provides information to help you from start to
finish, including: packing and labeling your load; preparing paperwork and keeping
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records; procedures at ports of entry; rules for travel on different highways in different
states; and delivering your load.
WASTE ISSUES IN INDIAN COUNTRY
Waste Management in Indian Country [Imp;//www.cpa.gov/tribalmsw/] provides waste
management information and links to related sites.
SOLID WASTE MATERIAL
" Waste Management in Indian Country, Publications [http://www.epa.gov/epaoswer/non-
hw/tribal/rcspurcc.htm] provides related publications, highlights and information about grants,
regulations, case studies, and education.
" Tribal Decision Makers Guide to Solid Waste Management, November 2003
[hltp:/Vww\v.epa.gov/epaoswer/non-hw/trib.il.resource.him - drug/] provides an overview of tribal
management of solid waste. Chapters can be downloaded individually or the document can
be accessed in its entirety.
• Decision Maker's Guide to Solid Waste Management [http:'/w\vw.epa.go\ epaoswer/non-
h\\;miincpjjdrnglhtm] provides an informative guide for those who practice waste
management. It contains both technical and economic information to help practitioners
reduce waste and integrate waste management systems.
" Criteria for Solid Waste Disposal Facilities: A Guide for Owners and Operators
[blip: \v\vv, •.epa.gov/epaos\ver/non-lnv/nuincpl /criteria.lit in] provides a link to the booklet.
" Guide for Initiating Solid Waste Management Planning on Indian Lands, for more
information, contact Faith Williams, DO1, BIA.
• Site-Specific Flexibility Requests for Municipal Solid Waste Landfills in Indian Country,
Draft Guidance [http:.•\vww.cpa.gov. cpaosvvcr/non-hvv/tribal/rcgs.htrn] can be found on EPA's
Regulations and Standards page of the Waste Management in Indian Country Web site.
' Source Reduction Program Potential Manual: A Planning Tool
[hup://v\\vv\.cpa.gov,cpaosvvcr/nc'ii-hvv/rcducc/sourcc4xir] is a manual that provides information
concerning the impact of a number of source reduction options.
8 State and Tribal Implementation Rule discusses the process through which tribes may seek
approval of tribal permit programs for MSWLFs to ensure that the landfills comply with the
federal criteria. The document explains EPA procedures for evaluating tribal permit
programs for solid waste landfills and provides a detailed description of the components of
the application and approval process. Document Number: EPA530-F-95-028. Contact
EPA's Office of Solid Waste and Emergency Response, RCRA Information Center at (800)
424-9346 or mailtoTcra-dQckeiifoepamaiI.epa.gov
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* Open Dump Cleanup Project Helps Tribes Fight Waste [hup://www.cpa.gov/cpaoswcr/non-
hw'rribai/pdttxt 'opendump.pdf] is a document that provides information and case studies to help
tribes with waste management issues.
« Waste Reduction Tips for Hotels and Casinos in Indian Country
iio^^^ is a document that provides
information and case studies to help tribes with waste management issues specifically
concerning tribally owned hotels, motels, resorts, casinos and bingo halls.
Training and Technical Assistance Directory for Tribal Solid Waste Managers
[http:/7www.epa.gc)v/epaosv\-er/noii-hvv-;iribal;pdi'txt'ti'aiiiiiig.p(.li'] is a document designed to provide
various levels of technical help and training resources for tribal solid waste managers.
Grant Resources for Solid Waste Activities in Indian Country
[http://wvvw.epa.gov/epaos\\'er/non-hvv/tribal/resource.htni - grunts] provides resources, tips and Other
information concerning grants for tribal solid waste activities.
Publications on Solid Waste Management in Indian Country [hup:// VAVW. cpa.gov/cpaoswcr/non-
hMriha.ki£sourcej]tm] provides solid waste management information and related publications.
1998 Report on the Status of Open Dumps on Indian Lands (Published by the Indian
Health Service)
[Moiii.^^.:ii!^
provides information about open dumps located on Indian Lands, important details about
yearly dump inventories, and funding.
Partnerships in Solid Waste Management [iiHj:i:::;www.cpa.goy/ei>aoswcr;iH)n:
hw^hyj^Tdtl^pjirujcijidt] describes the benefits of partnering, obstacles to partnering,
developing a partnership agreement, and working in partnership after entering into such an
agreement. It also provides a case study describing the partnership of the Eastern Band of
Cherokee Indians with Swain County, North Carolina.
The Site-Specific Flexibility Requests for Municipal Solid Waste Landfills in Indian
Country [http://www.epa. Kov/iribjilmsvv/pdftxt'sitetlex.pdfj, which is a draft guidance document,
describes a process by which MSWLF owners and operators in Indian country can request
design and operating flexibility.
Preparing Successful Solid Waste Grant Proposals [http://www.cpa.aov/epaoswcr/non-
hw/tribal/pdftxt/grant.pdf] describes procedures that tribes and Alaska Native Villages can
follow when applying for solid waste management grants.
Landfills in the Bush: A Guide to Opening, Maintaining, and Closing Remote Solid Waste
Sites [httfr 7vvwvv.avcp.org ], the manual contains: (1) background information about landfills;
(2) Federal, state, regional, and local funding and knowledge resources; (3) Federal and
state regulations and policies; (4) solid waste management plan development; and (5) siting.
Developed by the Alaska Native Villages by the Association of Village Council Presidents,
Inc.
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f Recycling Guide for Native American Nations [hup: //u-ww. epa.gov/epaoswei/non-
hw/tribal pdftxt.ntverecy.pdf] provides information on setting up a recycling program (collecting
materials, staffing, educating the community, and reducing waste), creating recycling jobs,
and buying recycled products.
11 State and Tribal Partnerships to Promote Jobs Through Recycling
[liitp://wwvv.cpu.gov/cpaosvvcr/lncin-hvv/rccyclc/suriobs.pdf] provides information about two of the
program's four components: recycling and reuse business assistance centers (RBAC) and
recycling economic development advocates (REDA). It explains how the programs foster
recycling-based businesses and identifies the beneficiaries of the REDA and RBAC
programs.
1 Tribal Waste Journal: Alaska Villages Chart their own Course toward Solid Waste
Solutions [http://www.epa.gov/epaosxver/non-hw^ribal/pdftxt/nvj-S.pdf] highlights some Alaskan
villages that have overcome various difficulties concerning waste management.
" Tribal Waste Journal: Against All Odds: Transfer Station Triumphs
• [httrj^Avwi^^^ highlights successful transfer stations
and provides ideas and resources for future improvements and community action.
• Tribal Waste Journal: Respect Our Resources: Prevent Illegal Dumping
[htip:/'www.cpa.uo\ opaosweivru^n-lTO.'inbal/pdnxi/twi-i.pdi] features communities that have been
successful with preventing illegal dumping as well as community action initiatives and
resources.
* Design and Guidance for Installation of Final Covers [hup: '/w\v\v.epa.gov/carth 1 iivcipd/pd-u-
*w/swgmd_cjit_m] addresses the technical aspects of closure and post-closure plans for each
open dump in Indian Country, including how to comply with Federal regulations.
* Waste Management on Indian Reservations: An Introduction for Tribal Decision Makers
provides information on waste management and how to initiate action to effectively manage
waste on reservations. Summarizes applicable laws, regulations, and guidelines governing
municipal solid waste and hazardous waste; defines terms; and provides references for
further information. Contact DOI, BIA, Branch of Environmental Services at (202) 208-
4791.
" First Annual Report: Open Dumps on Indian Lands
[iittp://ww\v.oehe.jhs.gov/SolKi_NV/19QS_Ol)Report/l998Qpenl)imipsReport,pclf] provides information
on 868 dumps, including ownership, cover status, population served, location, dump
contents, and other details.
» Proposed Procedures and Criteria for Determining Adequacy of State and Tribal
Municipal Solid Waste Landfill Permitting Programs describes what tribes must do to
obtain approval of their programs. EPA's Office of Solid Waste and Emergency Response,
RCRA Information Center, at (800) 424-9346, or rcra-dockcti^cpamail.cpa.gov.
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" Publications on Solid Waste Management in Indian Country
[http:.-7www,eBa.cov'tribalmsw/iidftxt/bib-slidjxt] describes publications of EPA, BIA, and Native
American organizations that are designed to assist tribal leaders, environmental personnel,
and the general public in developing, expanding, and implementing solid waste
management programs. Document Number: EPA530-B-96-008.
• Solid Waste Program Development Seminar provides information about effective dates of
EPA regulations and closure of existing dumps and addresses the importance of developing
a solid waste program. Contact Indian Health Service Organization, Office of
Environmental Health and Engineering Room 309 Federal Building Address, Aberdeen, SD
57401.
• Solid Waste Resource Guide for Native Americans: Where to Find Funding and Technical
Assistance, Spring 1994 identifies potential sources of federal financial and technical
assistance for safely managing solid waste, implementing the requirements of RCRA, and
enhancing tribal capability. Contact Office of Solid Waste and Emergency Response,
RCRA Information Center (800) 424-9346 or rcra-dockctfi-ucpamail.epa.gov.
* Waste Transfer Stations: A Manual for Decision-Making
[liUii^xii.:*^ defines what a transfer station is and how it relates
to municipal solid waste management in the context of a community's total waste
management plan. The manual identifies issues and factors to consider when deciding
whether or not to build a transfer station, planning and designing it, selecting a site, and
involving the community.
SOLID WASTE- TRIBAL CODES
EPA 's Waste Management in Indian Country Web site [http:;7ww\v.cpa.gov/tribalms\v/]
provides additional information.
Case Studies of Successful Tribal Solid Waste Management Programs
[imp: '• www.cpa.uov /cpaoswer non-hw/iribal/tribprog.htm] provides examples of successful tribal
programs as resources for other communities.
A Model Tribal Solid Waste Management Code by The Inter-Tribal Council of Arizona,
Inc. [htip: ••www.itcauiiline.com/] is a generic code, which tribes can customize to suit their own
situations and then enact. It is designed to be comprehensive, covering many areas of solid
waste management, such as recycling, landfill design and operation, and collection and
transportation of solid waste.
Campo Indian Reservation Solid Waste Management Code
["imp: 'www.epa.uov tnbalmsw/pdftxt'itc 10746.txt] provides legislative findings and purpose,
which defines and explains model waste management code.
Inter-Tribal Council of Arizona Solid Waste Code Model [http://www.epa.gov/epaoswcr/non-
hw/tnbal/rcgs.htiTi] provides information pertinent to models of solid waste codes and
Summer 2007 wvvvv.epa.gov/tribalcompliance Appendix E: page 7
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compliance assistance related to such projects. Contact Inter-Tribal Council of Arizona, Inc.
at (602) 248-0071.
SOLID WASTE - BACKYARD BURNING
EPA 's Backyard Burning Web site [http://wvvw.epa.gov/garbage/backyard/] provides resources
and information about backyard burning with a link to tribal information,
Tribal Leaders are Key to Reducing Backyard Burning
[htt p: .//wwv\-. epa, goy / ga rbage/bac ky a rd; pu bs/tri ba 1 -1 ea de rs. pdf] is a resource for tribal leaders
concerning backyard burning in relation to tribal policy, health, and community action.
Reducing Backyard Burning in Indian Country
[hjtp://\vwvv.epa,ggy/garJ^age/backyard/pubs/tribaHnember.pdf] provides facts about the health
hazards of backyard burning on Indian Lands.
HAZARDOUS WASTE MATERIAL
RCRA Orientation Manual [htip://v>v\\v.cpa.go\vcpaosvver/y:cricral/oriciHiU/] provides introductory
information on solid and hazardous waste management program requirements under
RCRA. Covers an introduction to RCRA; managing solid waste, hazardous waste, and
underground storage tanks; RCRA's relationship to other environmental statues; and public
involvement requirements.
Hazardous Waste Identification [!]iln:iiW^vv:^a^L^ describes how
to identify whether and why waste is hazardous.
Hazardous Waste Clean-Up Information [lMp:lI?^^L^h!-AM^] provides links to a number
of hazardous waste clean-up sites such as training, remediation, and databases.
Catalog of Hazardous And Solid Waste Publications
[lmp://ww\\.epu.gov/epaos^er/osw/catalog.htm] lists frequently requested hazardous and solid
waste documents released by EPA.
RCRA, Superfund and EPCRA Hotline Training Module: Introduction to: Hazardous
Waste Identification [http://vvww.epa.gov/epaoswer/hotline/traitiing/hwid05.pdf].
FEMA 's Community Emergency Response Training (CERT) for Tribal Nations
[http://www.fcma.gov/rcgions/vii/ccrt.. 120902.shtm] provides information about FEMA's CERT
for Tribal Nations.
North American Indian Tribes and Nations: Emergency Response Resources
[hup://wwvv.trcx-ccntci-.org/tribal cr.asp] provides emergency response resources for Tribes and
Nations and links to related FEMA links.
Good Earth and Good Earth Workbook defines hazardous issues facing Alaskan Native
villages, includes suggestions on how to assemble a hazardous materials committee,
explains how to find, recognize, and handle hazardous materials, and describes how to
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devise a community hazardous materials plan. Offers a step-by-step guide and checklist for
inventorying hazardous materials in communities and preparing for spills and accidents.
Contact Alaska Native Health Board Organization's Alaska Health Project at (907) 276-
2864.
TRAINING - SOLID AND HAZARDOUS WASTE
Solid Waste Training by the Solid Waste Alaska Network [http://www.cctlnta-
swan.org Tutoriais/training.cfm] provides information about solid waste training and scheduled
events.
National Environmental Training Center for Small Communities Training Packages.
Contact Jamie Knotts at West Virginia University Organization, National Environmental
Training Center for Small Communities, at (800) 624-8301.
Rural Community Assistance Program [Intp: /www.rcap.org/swp.html] provides technical,
financial management, and managerial support and training to tribal and rural communities
with populations under 10,000.
Training Exchange Web site [http://\v\v\v.traincx.org-;] provides classroom and internet-based
course training to environmental staff involved in hazardous waste management and
remediation. Partnership with the Interstate Technology Regulatory Council, EPA and the
Community Involvement University.
Changing Waste in Changing Times: Solid Waste and Natural Resources Issues in Rural
Alaska — A Teacher's Guide is a curriculum to foster school children's understanding of
environmental issues and solid waste management problems in Alaskan Native villages. It
emphasizes the involvement of community resources, elders, and health organizations.
Contact Northwest Renewable Resources Center Organization at (206) 269-2357.
Indian Health Service Solid Waste Management Training provides information about solid
waste management plans, including composition of the waste stream, evaluation of options,
development of plans, and implementation of such plans, recycling, and equipment. Contact
the Indian Health Service, Office of Environmental Health and Engineering, Room 309
Federal Building Aberdeen, SD 57401.
Compost Operator Training Workshop For Federally-Recognized Native American Tribes,
August 16-20, 2004. Qualla Boundary, Cherokee, NC. Sirnonson.davy@epa.gov
CONSTRUCTION AND DEMOLITION WASTE
EPA 's Construction and Demolition Debris Web site [http://w\vw.epa.go\/epaoswcr/non-
hwv'debris-new/index.litni] provides basic information, publications and related links.
Construction Industry Compliance Assistance Center (see page B-5).
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• EPA 's Construction and Demolition Debris Publications [http://www.epa.gov/epaoswcrmon-
hw- debris-new, piib_nav.htm] provides fact sheets, case studies, and references to applicable
federal regulations.
" Characterization of Building-Related Construction and Demolition Debris in the United
States [http://www.ep:i.gov/epauswei:/ha7wasie/sqg/c&d-rpt.pdf| characterizes the quantity and
composition of building-related construction and demolition (C&D) debris generated in the
United States and summarizes the related waste management practices.
« Residential Construction Waste Management: A Builder's Field Guide: How to save
money and landfill space [hup:,.•vwww.ilsr.org/recvcling/buildingdebris.pdf] is an EPA-funded
publication from the National Association of Home Builders Research Center which
explains cost-effective techniques for construction waste management. This 32-page field
guide presents several approaches builders can take to manage construction waste and
provides real case studies to support the recommended actions.
B Builder's Guide to Reuse and Recycling: A Directory for Construction and Demolition
Materials [http://ww\v.stopwastc.org/docs/20()3bi.'.pdf] provides practical, cost-saving tips for
building professionals on recycling asphalt, glass, and related materials.
* Construction and Demolition Waste Publications
[hup:/ ww\\ .epa.uoviribalinsw/pdlt\i'4()ci'r257.pcii] conditionally exempt small quantity generator
(CESQG) hazardous waste may be managed at construction and demolition waste landfills
if the landfills comply with federal regulations 40 CFR Part 257.
* Resource Efficient Residential Construction: Industry Web Directory. The Peaks to
Prairies Residential Environment Web site
[http://peaksropriiiries.org/p2hamle/conslnici ion/CnstrMatri \.pdf] provides technical assistance and
referrals, industry contacts, and a database of resources and publications.
• Environmentallv Sound Practices in the Homebuilding Industry
[hUp://wvvw.incet.org/spec_proje:t/mhJcap.htm - Homebuilders] is a video training package that
covers the basic principles of pollution prevention and environmental compliance for
homebuilding projects. Topic areas include the environmental impacts of homebuilding and
best management practices for habitat preservation, stormwater management, and erosion
and sediment control.
» Construction and Demolition (C&D) Waste Management Guide
[http://peaSvStoprairies.org.•p2banclc./construciion/c&d\vastc/indcx.cl'm] describes resource efficient
building practices which will allow residential construction professionals to meet consumer
demand, increase profits, provide savings for the consumer and enhance marketing
opportunities, while using resources in a sustainable manner.
• Haskell Environmental Research Studies Center promotes activities that reduce negative
environmental impacts of economic development in Native communities, provide for
environmental restoration, and promote environmental health, for the advancement of tribal
sovereignty and self-determination. Contact Dan Wildcat at (785) 749-8498.
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UNDERGROUND STORAGE TANKS
EPA's Office of Undergroud Storage Tanks Web site [http://'\vww. epa.gov/swerust)/] provides
a variety of resources and links to access information concerning USTs.
EPA's Operating and Maintaining USTSystems [http: /www.epa.gov/oust-ustsystm/tnnko&m.htm]
provides a wide array of tools to help owners and operators properly operate and maintain
UST systems.
Underground Storage Tank Environmental Results Program Workbook
[http://wvvw.epa.gov/swerusH/pubs/cip.htm] helps programs, owners and operators learn how to
better comply with UST regulations.
Operating and Maintaining Underground Storage Tank Systems: Practical Help and
Checklists [http://www.epa.gov/oust/pubs/ominunual.htm] contains brief summaries of the federal
UST requirements for operation and maintenance as well as practical help that goes beyond
the requirements. Checklists link equipment uses and how to keep equipment working
properly, including record keeping forms.
Automatic Tank Gauging Systems for Release Detection: Reference Manual for
Underground Storage Tank Inspectors [hup:/'• www.cpa.gov ousi pubs, automat i.him] provides
handouts that UST inspectors can distribute to owners and operators to help them
understand the proper operation and maintenance of ATG systems. Contains a summary of
specifications, based on third-party evaluations, for ATG systems that detect leaks from
USTs and their piping, detectable leak rate/threshold, test period duration, product
applicability, calibration requirements, restrictions on the use of the device, vendor contact
information, printing and interpreting reports, and sample reports.
Underground Storage Tank Self-Evaluation Checklist [http://www.epa.uov/swenjst 1 /cmplastc/]
helps users comply with most operational requirements for USTs.
Underground Storage Tank Compliance Assistance Package
[http:/.www.epa.gov/swerustl cmplastc cup, htm] is designed to improve understanding of the
regulatory requirements associated with owning or operating USTs. Information is divided
into UST-specific subject matter categories, legal requirements, inspections, leak detection,
and risk assessment theories, practices and applications.
Preventing Leaks and Spills at Service Stations [http: www.epa.gov/region09/wasteust/mdex.lilrnl
- Indian]. A Guide for Facilities for service station owners and operators in Indian Country
and the Trust Territories of the Pacific Islands, shows how to comply with federal UST
regulations and prevent leaks and spills.
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EMERGENCY PLANNING
Emergency Management Framework for Tribal Government Toolkit [htrpj/^iTidw^.^ov/5::
prog/prgms/policy/cmc/rcsourccs'rcs-tribal-coord.htm] contains resources to build emergency
management capabilities. Provides information on legal requirements, risk analysis,
emergency operations planning, resource management, and communication and outreach
strategies.
MINING WASTE IN INDIAN COUNTRY
Publications on Mining Waste Management in Indian Country
[http://www.cpa.gov/tribalmsw/pdftxt/biblio.pdf] provides access to publications and regulations
that will help you meet the challenges of managing mining waste.
Mining Waste Rulemaking Docket Supporting Documentation
' [http://www.cpa.go\/cpaoswcr./oi.hcr/mining/] contain technical background information covering
EPA's mining waste rulemakings and Report to Congress. These documents identify waste
streams produced by mineral processing, potential for mismanagement, waste disposal
practices, and human health and environmental damages.
Land Disposal Restriction?, Phase IV, Proposed Rule - Treatment Standards Proposed for
Toxicity Characteristic (TC) Metal and Mineral Processing Wastes - April 1997
[j.!tn^>y-Ms:.^ The proposed rule addresses treatment
standards for certain metal wastes and wastes from mineral processing and discusses how
the proposed Universal Treatment Standards would apply to wastes from mineral
processing operations.
MILITARY MUNITIONS WASTE
EPA's Military Munitions Final Rule [http://vvww.epa.gov/epaoswer/hazwastc'military/indcx.htm]
provides information about military munitions waste, which consists of ammunition
products and components produced for or used by the military, including unused, damaged,
or fired munitions. It includes bombs, rockets, artillery ammunition, small arms
ammunition, and mines. If you have military firing ranges on your lands, you should be
aware of proper military munitions waste management.
Military Munitions Regulations [http://www.epa,gov/docs/fedrgstr/HPA-WASl'E/1997/l'>bmai^/[3iiy-
1.2/13218.htm] is the Federal Register page where EPA has finalized regulations that clarify
when conventional and chemical military munitions become a hazardous waste under the
Resource Conservation and Recovery Act (RCRA). Additionally, this rule amends existing
regulations regarding emergency responses and RCRA manifest requirements.
Military Munitions Final Rule (62 FR 6622: February 12, 1997).
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m Environmental Fact Sheet: EPA Finalizes Regulations under RCRA far Military Munitions
[http://www.epo.uov/epaoswei7hazwaste/mi|itaiy/muns_ls,txt] is a page that provides information
about the rule regulating military munitions.
« Department of Defense Policy to Implement the EPA's Military Munitions Rule
[https://w\ywAJcnix.osd.mil/denix/Public.Policy/Rangc/1 iiilyggninixhtml], which is a document that
interprets the requirements of EPA's Military Munitions Rule and establishes Department of
Defense policy for the management of waste military munitions.
RADIOACTIVE MATERIALS
The Transportation Resource Exchange Center (T-REX) [http://www.trex-center.org/] is a
comprehensive Web site where you will find the answers to complex questions surrounding
radioactive materials transportation.
WATER RESOURCES
PUBLIC WATER SYSTEMS
• EPA's Tribal Public Water System & Underground Injection Control Programs Web site
[htyi;\\ \\-\\.qia.uov/saicwaicrinbal/hisiory.html] is the place to start and obtain information about
federal regulation of public water systems in Indian country, including EPA direct
implementation and tribal primacy.
• EPA's Office of'Ground Water & Drinking Water, Small Drinking Water Systems Web site
[http: Hwu.epa.eov/ouwdw smallsys/ssinfb.htm] contains a wealth of information pertaining to
small drinking water systems.
* EPA's Drinking Water Academy [http:,--\vw\v.epa.gov/sufewater/dwa.html] provides classroom
and Web-based training and materials pertaining to SDWA implementation.
18 EPA's Drinking Water Infrastructure Grants Tribal Set-Aside Program
[hup: \v\w\ .cpa.gov/safewater. tribes.html] provides information on the Drinking Water State
Revolving Fund (DWSRF) established under SDWA, which make funds available to
finance infrastructure improvements of drinking water systems, including those that serve
Indian tribes.
* EPA Region 10 Tribal Water Program [http://yosemite.epa.gov,/rlO/water.nsf;bbb2eUbec
35Jll2368K2564f7()()67n63;655b3ea54e3haOa388256a8cOJ)7ac4be?QpenDocumeiit] provides
information on the Program activities in the Pacific Northwest.
• EPA's Radon in Drinking Water Web site [http://www.cpa.gov/iaq/radoa''rriwatcr.litrnl] provides
information on radon in drinking water including public health standards and risk
assessment report by the National Academy of Sciences.
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m Planning and Tracking Forms for Public Water Systems Sampling and Testing provide
tribes with specific information and instruction about when to monitor, sample, or test. The
goal is to enable systems to remain in compliance with the requirements of CWA and
SDWA. Contact Mark Robertson at (404) 562-9639 or robertson.markfoepi.imail.epa.gov.
TRIBAL AND OTHER NON-FEDERAL ORGANIZATIONS
Native American Water Association provides tribal water and wastewater operators,
managers, administrators, utility commissions and Tribal Councils with continued training
and technical assistance in their goals to: strengthen tribal sovereignty, self-determination
and protect health and environment in Indian country. Visit their Web site
[http://www.nawamc.org] for more information.
US Geological Survey Drinking Water Programs. Visit their Web site
[Mpiiyvai^^^ for more information.
Association of State Drinking Water Administration Internet Resources. Visit their Web
site [My}.i;:«:'s^.^idw:;aj2D£ll!lkJiMn f°r more information.
Office of Water Programs, a non-profit organization operating under the California State
University, Sacramento Foundation, provides training and materials for water treatment
plants, water distribution systems, wastewater collection systems, municipal and industrial
wastewater treatment and reclamation facilities, and also for pretreatment facility inspectors
and environmental compliance inspectors. Visit their Web site [lit|{i::/;w^;w;mvrKcsus;edu] for
more information.
National Environmental Services Center provides technical assistance and information
about drinking water, wastewater, environmental training, and solid waste management to
communities serving fewer than 10,000 individuals. Visit their Web site
[littp.;//\v\vw.ncsc.wvu.edu] for more information.
National Drinking Water Clearinghouse at West Virginia University helps small
communities by collecting, developing, and providing timely information relevant to
drinking water issues. It is intended for communities with fewer than 10,000 residents and
the organizations that work with them. It offers training and free telephone consultation.
Visit their Web site [liitp://vvHw.ncsc.vvvu.cdu/nchvc/ndvvc indcx.htm] for more information.
Small Utilities Service Corporation received an EPA grant to provide specific training and
technical assistance to water systems located in Indian country (which for this grant this
means inside of existing reservation boundaries) in Oregon, Washington, Idaho, and
Alaska.
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WASTEWATER MANAGEMENT
EPA's Office of Wastewater Management, Clean Water Indian Program Web site
[http://vvwAv.cpa.gov/bvvTOnialvindian/indcx.htiTi] details tribal financial assistance programs and
initiatives, contacts, publications and success stories.
EPA's Clean Water Tribal Resource Directory for Wastewater Treatment Assistance
identifies sources of financial and technical assistance for Tribal wastewater treatment
programs and infrastructure. Visit their Web site [http://www.cpa.gov/OW-
OWM.html/mab. indiaiicwtrd.htm] for more information.
EPA's Total Maximum Daily Loads Web site [http://www.epa.gov/owow/tmdl].
TRAINING - WATER QUALITY
The Alaska Regional Office of Native American Fish & Wildlife Society is in the fifth year
of providing training to Alaskan Native villages on water quality assessment and
monitoring. Visit their Web site [http://alaska.naiws.org] for more information.
National Environmental Training Center for Small Communities
[hltp:/••'www.ncsc.wvu.edu iKlcsc/lnsliUile()4;iNSTlTlJTi;2()04MAlNPA(:il:l .htm]
EPA's Tribal Water Quality Standards Document Repository
'i::;.wwvy.epa.«OYY \\atersc i ciicc/s!aiidards;\vgsiihrar\v;|ribes.i)inil]
Our Water Our Future: Saving our Tribal Life Force Together is a video that shows the
efforts of the Pueblo of Acoma in New Mexico and the Confederated Tribes of the Chehalis
Reservation in Washington in developing water quality standards. Tribal elders and leaders
and the directors and staffs of tribal environmental departments recount their experiences.
Visit their Web site [http://cpa.gov/vvatcrscicncc/tribcs/vidcorcal.htm] for more information.
Reference Guide to Water Quality Standards for Indian Tribes provides tribes with an
overview of the water quality standards program and a guide to EPA reference materials on
the program. Visit their Web site [hup://cpa.gov/waiersaence/tnbcs/rctguide.pdf] for more
information.
Water Quality Standards Training Academy offers basic and intermediate training on the
entire range of water quality and water standards issues. Visit their Web site
[http://epa.gov/watcrscience/standards/academv.html] for more information.
Watershed Training Courses [http:./ww\v.epa.gov/ovvow/watcrsricd/wacadcmv/]
EPA's Water Quality Reporting Web site [http://www.cpa.gov/owow/monitonng/monintr.html]
provides information on the water quality monitoring and reporting required by CWA
305(b).
EPA's Clean Lakes Program Web site [http://www.epa.gov;owow/lakes/] describes the
processes related to identification and implementation of pollution controls to mitigate lake
Summer 2007
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Appendix E: page 15
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water quality problems. Contact EPA Regional Nonpoint Source Coordinators or EPA
Regional Indian Coordinators.
WETLANDS MANAGEMENT
EPA's Wetlands Web site |jittp:/7www.epa.gov/owow/wctlands] contains information on
wetlands, why they are important, and how the can be protected. Contact the Wetlands
Hotline at 800.832.7828.
Water Quality and 401 Certification are effective tools to protect the overall health of
wetlands resources and the valuable functions they provide. Water quality standards,
including designated uses, criteria, and an antidegradation policy can provide a sound legal
basis for protecting wetland resources through State water quality management programs.
Visit EPA's Water Quality Web site [http:.//ww\v.epa.govvJowo\v/wetlands/waterquality/index.html]
for more information.
UNDERGROUND INJECTION CONTROL
EPA's Underground Injection Control Program Web site
[hltp: www.cfxi.gov/sal'e\vater/Liic index.html]
Protecting Drinking Water Through Underground Injection Control: Drinking Water
Pocket Guide #2 provides an overview of the UIC programs: importance to drinking water,
the Safe Drinking Water mandate, the classification system, historical time line, five
pathways of contamination., information on each well class, strategic program priorities,
contact information and more. Contact (800) 426-4791 or visit EPA's Web site
[http://www.cpa.gov;salc\vatcr/uc/uicpockct.html] for more information.
American Indian Underground Storage Tanks Project creates a reserve of UST Certified
Inspectors to provide tribal governments with the technical expertise to develop strong
effective UST management programs. Includes information on developing tribal UST laws
and regulations and enacting tribal cleanup standards. Co-sponsored by EPA and the Inter
Tribal Council of Arizona, Inc.Visit their Web site [http:-;www.itcaonline.com/program ust.html]
for more information.
SOURCE WATER PROTECTION
Drinking Water Quality in Indian Country: Protecting the Sources contains information on
the prevention of contamination of source water, which is one important part of providing
safe water at the tap. Visit EPA's Web site [http://wvv\v.epa.gov/safewater/protect.iribe.html] for
more information.
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* EPA's Wellhead Protection (WHPP) Program is a pollution prevention and management
program used to protect underground-based sources of drinking water. Visit their Web site
[lmp://\v\v\v\epa.gcw./salbwuKT/whpnp.html] for more information.
m Source Water Training from EPA's Drinking Water Academy
[hjj:pj//\*Av\^
• EPA's Annotated Bibliography oj Source Water Protection Materials
[http:.y-www.epa.gov/safevvater/protect/swpbibliography]
AIR RESOURCES
AIR POLLUTION
Air Pollution Project Assistance, CFDA: 66.009, provides information and encourages
increased dissemination of air pollution literature. It also supports research, investigations,
experiments, demonstrations, surveys, and studies, as well as training, related to air
pollution. Contact EPA's Regional Tribal Coordinator and EPA's Office of Air and
Radiation at (919) 541-5557
Clean Air Act Tribal Authority Rule implements section 301(d) of CAA, which authorizes
the EPA Administrator to establish eligibility requirements for tribes to be treated in the
same manner as states. Visit their Web site [!iitpj£\v ww .^ j^^ for more
information.
TRAINING-AIR POLLUTION
Air Pollution Training Institute [http://ww\v.epa.gov/air/oaqps/cog/index.hiiiil] provides special
courses and workshops on air issues: ambient monitoring, engineering, meteorology and
modeling, air toxics, permitting, entry-level training, inspections, sampling analysis,
compliance assurance, and statistical analysis. The curriculum is available in classroom,
telecourse, self-instruction, and web-based formats.
Basic Concepts in Environmental Science: Air Pollution Training
[http://www.epa.gov/apti/course topic.html] contains self-study reading material and problems
that review important fundamental engineering principles and concepts used in a number of
Air Pollution Training Institute courses on control technology, permit review, and
compliance monitoring and inspection.
American Indian Air Quality Training Program [http://vvww4.nau.edu/itep/programs/aiaqtp.asp]
provides air quality training to tribes through a cooperative agreement between EPA and
Northern Arizona University's Institute for Tribal Environmental Professionals.
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AIR QUALITY AND MONITORING
Profile of Tribal Government Operations
Tribal Air Monitoring Center [http://www4,nau.eduaams/] is designed to meet the needs of
tribes involved in air quality management and offers an array of training and support
services to tribal air professionals.
Ambient Air Monitoring Program [http://vvuAvx'pu.gov/oar/Qa.qjxs/qa/monprog.himl] is a national
network of air monitoring stations that provide raw air quality data and source inventory
data submitted to air pollution control agencies.
EPA'?, Ambient Monitoring Technology Information Center [http://ww\v.epa.gov/ttn,'amtic./]
contains information and files on ambient air quality monitoring programs, monitoring
methods, related documents and articles, information on air quality trends and
nonattainment areas, and related federal regulations.
EPA's Technology Transfer Network [http://www.cpa.uov/ttn/] offers tools to estimate air
pollutant emissions, downloadable computer code for regulatory air models, guidance,.or
request technical support to implement air pollution control programs.
ASBESTOS AND RADON
Tribal School Compliance Initiative - AHERA trains representatives of tribal schools in
Washington, Idaho, and Oregon to ensure compliance with requirements of AHERA. Joint
project between EPA Region 10 and Bereau of Indian Affairs. Contact Jayne Carlin (206)
4762 or carliii.jaync(
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• EPA's Office of Pesticide Program 's [http://www.epa.gov/oppfeadl/iribcs/] goal is to help tribes
resolve pesticide issues regardless of whether they have an established pesticide program.
To further that goal, OPP directly funds tribal program projects and provides EPA liaison to
the Tribal Pesticide Program Council.
» OPPT's Publications [http://www.epa.gov/oBBtintivtnbal/pubs/] provides links to a number of
publications about pollution prevention and toxics concerning the Tribal Environmental
Network.
" Tribal Pesticide Program Council [http:/Avvv\v.opa.uov/oppfcadl/tribcs/tppc.htm] is a tribal
technical resource, program and policy dialogue, and development group, focused on
pesticide issues and concerns. It is composed of authorized representatives from federally
recognized tribes and Indian nations and intertribal organizations.
» Guidance on Basic Elements of an EPA-Funded Tribal Pesticide Program
[htip:7www. epu.gov/oppleadi /iribes/giiidancc. htm] describes basic elements for an EPA-funded
tribal pesticide program. It is intended primarily for use by EPA regional staff as they
provide assistance to tribes that are assessing their pesticide program needs, negotiating
EPA/tribal cooperative agreements, and implementing pesticide programs where they are
desired and needed.
E National Pesticide Information Center [hup: 'npic.orsi.cclu/] provides information and related
links.
OPP's Technical Tools and Models [htjix^vv^ for pesticide
programs.
OPPT Programs, Resources, -and Grant Opportunities for Indian Tribes
[hup: \vw\\ .cpu.gov/upptintriribal pubs/pubs. html] provides a link to the document that discusses
grant opportunities for tribes.
Pesticide Action Network Pesticide Database Web site [littp://pesticideinfo.org/InUex.html]
brings together a diverse array of information on pesticides from many different sources,
including information on toxicity and regulations. The Web site is not peer reviewed.
National Pesticide Information Center Pesticide Fact Sheets (Pesticide Information
Profiles). NPIC fact sheets are designed to answer questions that are commonly asked by
the general public about pesticides and pesticide related topics. The Web site
[hup: ••' npic.orst .edu/npicfact.litm] contains links to toxicity and active ingredient fact sheets,
health information databases, environmental and chemical properties databases, product
label and MSDS databases, statistics, and sites with additional technical information.
Through the CalEPA Department of Pesticide Regulation Web site
[Imp: www. cdpr.ca.gov/index. htm], information on EPA's pesticide registration can be accessed
from EPA databases. It is possible to look up the regulatory status of registered pesticides.
A link is available to a pesticide label database where EPA-accepted pesticide labels can be
viewed.
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11 Pesticide Regulatory Education Program [hup: www.prep-gov.net/] provides classroom and
field instruction on the regulation of pesticides. Contact Suzanne Forsyth at (530) 757-8603
or John Ward at (312) 353-9510.
• Pesticide Inspector Residential Training teaches inspectors how to conduct different types
of pesticide inspections and offers tips and tools to instruct other inspectors. There are
three courses: (1) Pesticide Use Inspection Training; (2) Pesticide Product Enforcement;
and (3) Worker Protection Inspector Training. Courses include lectures, written exercises
and field trips for on site inspection training. Contact EPA's Amar Singh at (202) 564-4161
Or singh.ainar(c/jepa.gov.
m Integrated Pest Management Information Service [http: Svww.efn.orgHpmpa/] provides the
opportunity to find, share, and develop effective, economical, and environmentally sound
approaches for the management of vegetation and pests, primarily in non-agricultural
resource settings.
Toxics
EPA's.Empowering Communities to Reduce Risks from Toxic Exposure
[lutp://\v\vw.epu.gov/air/grants/o 5-08.pdf] helps communities understand and reduce the risk of
exposure to toxic chemicals. Community Action for a Renewed Environment is offering
communities financial and technical assistance to reduce the release of toxic pollutants and
minimize exposure to them.
National Institutes of Health: Toxics on the Web [Ml^LloM^^
provides an introduction to toxic chemicals and environmental health risks you might
encounter in in everyday places.
The Forum on State and Tribal Toxics Action [http: -'\v\vw.cpa.gov/opptintr/tribal/pubs/ibslta.litm]
is a partnership between EPA's Office of Pollution Prevention and Toxics and state and
tribal leaders to increase understanding and improve collaboration on toxics and pollution
prevention issues among the states, tribes, and EPA.
SCHOOLS
GENERAL
» EPA's Healthy School Environments Web pages [http://cfpub.eDa.gov/schools/indcx.cFm] are to
help facility managers, school administrators, architects, design engineers, school nurses,
parents, teachers and staff address environmental health issues in schools.
• EPA's Children's Health Protection
[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM TEXT RPT.SHOW?p_arg names=prog nbr&p
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arg valucs=66.609] [http:A/yQsemile.cpa.gov/ochp/ochpweb.nsl/conicnt/hoincpage.htm] support efforts
by government organizations and educational institutions to establish or enhance their
ability to take actions that will reduce environmental risks to the health of children or
elderly populations.
8 BIA's Office of Indian Education Programs [hup://www,oicp. bm.edu/] is responsible for
direction and management of all BIA education functions, including formation of policies
and procedures, supervision of all program activities undertaken within the office's
jurisdiction, and approval of the expenditure of funds appropriated for the BIA Indian
education functions.
" National Best Practices Manual for Building High Performance Schools
[http:A^nc.ed.gov/ERlCDocs/data/ericdocs2'content storage 01/OU()OUUOb/80/27/c3/70.pdf].
8 Best Practices for Controlling Energy Costs, A Guidebook for K-12 School System
Business Officers and Facilities Managers
[http://www.rebiiild.org/'attachments/solutioncentor/schoolcncrgyguidcbookv2.pdf] is a guidebook to
offer strategies for maintaining facilities as well as recommended methods to reduce energy
costs and improve efficiency.
• Healthy Schools Guide to Chemical Cleanout
[hup: cl'pub.epa.L'ov/schools iop suh.dhi'.-'i id 36l&s id 365] provides resources to help schools
learn about, identify and remove hazardous chemicals.
HIGHER EDUCATION
The American Indian Higher Education Consortium [htlpjiiwwv^^iihot^orsi-.'] represents 34
colleges in the United States and one Canadian institution.
The American Indian Science & Engineering Society [http://vvww.aiscs.org/] is a national,
nonprofit organization, which nurtures building of community by bridging science and
technology with traditional Native values.
The Office of the White House, Initiative on Tribal Colleges and Universities
[http;i/>\Avvv\ed.gov'about/inits/list.'\vhtc/edlite-index.html] leads the implementation of Executive
Order 13270, ensuring that the nation's Tribal Colleges and Universities (TCU) are more
fully recognized and have full access to federal programs benefitting other higher education
institutions.
EPA 's Colleges and University Sector Strategy Web site
[http://wvvw.epa.gQv/seciors/coiiegcs.index.hiinl] is a partnership to assist colleges and universities
and seeks to advance the use of environmental management systems, reduce regulatory
performance barriers, and measure environmental progress.
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ASBESTOS
EPA's comprehensive Web site designed to provide information to regulators, parents and
schools about asbestos in schools. Including Federal Requirements for Asbestos
Management in Schools and 20 Frequently Asked Questions About Asbestos in Schools
[http://www.cpa.gov/asbcstos/pul.is/asbcslos in schools.html].
Common Questions on the Asbestos NESHAP
[http://www.cpa.tiov/rcuion04/air/asbcstos/asbcut.htm] provides examples of general questions
concerning a variety of asbestos issues.
DISPOSAL OF SPENT LABORATORY CHEMICALS
EPA's Chemical Use and Management Web site
[http://cfpub.epa.goy/schools/top_sub.ct'm?t_id=361 ] provides information on the types of
chemicals that are used in classrooms and in facility maintenance operations, and suggests
thoughtful chemical purchasing and proper chemical use and management (storage,
labeling, disposal) for reducing chemical exposures and accidents.
NLM's Tox Town [http:7ioxtovvn.nlm.nih.gov index.html] provides an introduction to toxic
chemicals and environmental health risks you might encounter in everyday life. National
Library of Medicine, National Institutes of Health.
Chemicals in Your Community: A Guide to the Emergency Planning and Community
Right-to-Know Act
[http://yosciiiitc.cpa.gov/osvvci' cjppoweh.nsl/vscbprintview/chemicalsiny ourcomrruiririy.htm] explains a
community's rights and opportunities under EPCRA. The guide includes a section on tribes
and their roles and responsibilities under EPCRA.
LEAD-BASED PAINT
How Mother Bear Taught the Children about Lead
[http:'/www.niehsAmh.gov/kids/bear/hoine.htm] is an educational activity book on lead based-paint
prevention. Designed for Native American Children in grades 3-4, the activity book
teaches children to protect themselves and their siblings.
Little Moccasins - A Lead Poisoning Prevention Manual for Tribal Day Cares and
Families is a part of EPA's First Steps Program. Contact Phillip Quint with the Lead-
Housing-Sanitation Director, Houlton Band of Maliseet Indians at 207.532.7260 or
quintfeainop.com.
EPA's Training, Certification, and Accreditation Web site
[http://www.epa.gov/lead/pubs/traincert.htm] provides training courses regarding lead-safe work
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practices during building renovation, remodeling, rehabilitation, maintenance,
sampling/evaluation, and abatement.
" EPA's Lead Awareness Program [litip2:i^Yw;.ej];Lg(Mie^intk^html]
[hup:/ www.epa.gov. lead pubs leadpbed.htm] designs outreach activities and educational
materials, awards grants, and manages a toll-free hotline to help parents, home owners, and
lead professionals learn what they can do to protect their families from the dangers of lead.
• Federal lead-based paint Rules and Regulations Web site
[ht^^\TO^^oy/lcad/piibs/rcgulati()n.lnni] provides links to regulations related to lead found
in paint, dust, and soil.
m The National Lead Information Center (NLIC) [http://wvvw.epa.gov/lead/piibs/nlic.htm] provides
the general public and professionals with information about lead hazards and their
prevention. Call (800) 424-LEAD (5323).
m EPA's Regional Lead Coordinators [http://\vww,epa,i.;ov/lead/pubs/leadofl'l.htiTi] oversee the
development of lead-poisoning prevention efforts and coordination with tribes, states, and
local governments.
* The Department of Housing and Urban Development's Office of Healthy Homes and Lead
Hazard Control [I•ittp.v/wwvs.l-iud.gov/officcs/lead/index.ciin] brings together health and housing
professionals to eliminate lead-based paint hazards in privately-owned and low-income
housing.
* The Occupational Health and Safety Organization 's Lead Web site
[h.Upj£v^^ provides links and information concerning lead in
the workplace.
* Healthy Schools Network, Inc. [hjip^^ww.jiealthysch(iojkoru/] is a national not for profit
organization, centered on children's environmental health.
" National Safety Council [http://www.nsc.org/issues/lead/index.htni] provides comprehensive
information about lead based paint.
" Certified Environmental Registry and Tracking System supports a free database about lead
inspections. The system tracks licenses, training, citations, violations, and blood lead
levels. The system also can be used to track asbestos, radon, and information about the
licensing of pesticides applicators. Contact James Bryson, Region 1, at (617) 565-3836 or
bryson.jamesurcpa.gox
" Children and the Hazards of Lead-Based Paint in Tribal Communities provides
background material on issues related to lead-based paint. It describes the risks that lead-
based paint poses to children, explains how children can be tested for exposure to lead,
highlights steps that can be taken to avoid lead poisoning, and lists the names and telephone
numbers of organizations that can assist tribes address lead-based paint issues. Contact
Inter-Tribal Council of Arizona, Inc. at (602) 248-0071.
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H Comprehensive Home Inspection for Lead Detection provides a free software program for
tracking children affected by lead poisoning and the homes in which they live. Using the
software, tribes can produce a list of all residents who have high lead blood levels and the
homes in which they live. Contact James Bryson, Region 1 at (617) 565-3836 or at
bryson.jarneswepa.gov
" Computerized Lead Auditing Support System is a free auditing system for providers of lead
training. The system standardizes the auditing check list for the EPA Model Lead course.
The system tracks lead training and produces reports. Contact James Bryson, Region 1 at
(617) 565-3836 Or brvson.ianicyigepa.gov.
» GateKeeper is an electronic system for tribes and states to use in managing the delivery of
lead inspection examinations. The system offers tribes and states a no-cost alternative to
administering inspections for third-party lead inspectors. Contact James Bryson, Region 1
at (617) 565-3836 or biysoii.jamesfeepa.gov.
* State Tribal Application for Model Lead Procedures describes the process through which
states and tribes can set their own lead regulations and supplies information about lead
contamination. Encourages, tribes to negotiate with EPA agreements related to regulations
governing lead. Contact James Bryson, Region 1 at (617) 565-3836 or hrysonjajicsMepa.gov
WATER
PROJECT WET (Water Education for Teachers) Curriculum and Activity Guide
[hMpM^x^^ is a collection of over ninety, broad-based water
resource activities. Contact national headquarters at (406) 994-5392 or by email at
PuijjXtV^ TjV{J 110 rrUuia ..ecj u.
PESTICIDES
Integrated Pest Management in Schools [http://\v\vw.epu.gov/pesticides/ipm/| reflects an EPA
priority to protect children's health from unnecessary exposure to pesticides at school.
Encourages school officials to adopt IPM practices to reduce children's exposure to
pesticides.
Washington State Pesticide Notification Requirement
[http://ww\v.govlink.org/hazwastc/intcrat;cncy/ipm/'schoolIPN'l.html] discusses that public schools and
licensed day cares in Washington are required to establish a system for notifying parents
and employees of pesticides being used on school grounds.
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POLLUTION PREVENTION
EPA's Pollution Prevention Homepage [http://www.epa.gov/p2/] provides general information
about pollution prevention practices, the various source reduction programs and initiatives
administered by EPA and other organizations.
The Tribal Pollution Prevention Web site [http://tribalp2.org/] is targeted to tribal leaders and
environmental managers looking to learn more about pollution prevention, including
resource conservation and best management practices.
An Organizational Guide to Pollution Prevention
[http://www.p2ric.org./Vlibrary/Bib Contact.d'm'.M'oldcr lD^2&scction lD=l()&PubAutoID=2129]
provides information to help organizations get pollution prevention programs started or to
re-evaluate existing pollution prevention programs. It presents an alternative method for
working on pollution prevention projects and four approaches to implementing a pollution
prevention program in an organization.
Environmentally Preferable Purchasing Database [htip:/-yoseiniiel.epa.gov oppt eppstund2.nsf]
is a tool to make it easier to purchase products and services with reduced environmental
impacts. Environmental information on over 600 products and services is included in the
database.
Comprehensive Procurement Guidelines []i!in;iiwww.opa.goy/gig/inak^Jitm] is a key
component of EPA's "buy-recycled" program and provides access to Recovered Materials
Advisory Notices, which recommend recycled-content levels for Comprehensive
Procurement Guidelines items.
GREEN BUILDINGS
Green Building/High Performance Buildings Web sites [http://www.cpa.gov/grccnbuildinu]
[Imp: hoincs-across-ainerica.org/] [http:/'.iwww.usgbc.c)rg/] provide a comprehensive overview of
topics related to green buildings.
Building Site Location & Smart Growth Web site [http://www.wbdg.org/design/site potential.php]
provides comprehensive guidance and recommendations for optimizing site potential.
EPA's Smart Growth Web site [http://vvww.epa.gov/smaitgrowtli/] provides links and resources
on development that serves the economy, the community, and the environment.
Leadership in Energy and Environmental Design (LEED) Green Building Rating System
[http://ww\v.usgbc.org/DisplayPagc.aspx?CMSPagcTD=22l] provides information on renovating
existing buildings in a manner that maximizes operational efficiency while minimizing
environmental impacts.
Summer 2007
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m LEED Information for Commercial Interiors
[hnp://www,usgbc.oi-g/DisplayPage,aspx?CMSPagelD^i45] provides information about major
interior renovations
m Whole Business Design Guide [htip: www.v\bdg.org/] is the gateway to up-to-date
information on integrated whole building design techniques and technologies.
• Guide to Designing for Deconstruction and Material Reuse [http://www.cpa.gov/cpaoswcr/non-
hw debris-new/rcuse.htm] associated with the selective disassembly of buildings to reuse and
recycle parts.
m Federal Green Construction Guide for Specifiers [http:/"www.vvbdg.org/design/greenspec.php] is
designed to help federal building project managers meet various green mandates as
established by federal law and Executive Orders, as well as, EPA and DOE program
recommendations.
" Green Indoor Environments Program [http://www.epa.gov/iaq/iireenbuilding/] provides
information on building greener, which includes using healthier, less polluting and more
resource-efficient practices
• Comprehensive Guide to the Energy Star Program [hitp://www.encrgystar.gov/] offers
information to help businesses and individuals protect the environment through superior
energy efficiency, including savings associated with heating and cooling systems, lighting,
and appliances.
g EPA 's Water Efficiency Program [liit]i;;;wwwj::pa;goy/!^ offers information
on helping to reduce the need for costly water supply and wastewater treatment facilities
through water efficiency practices and products.
" Non-Point Source Pollution Reduction Resources, [http://www.epa.gov/owowvnps/urbiin.html]
offers resources including information on low-impact development utilizing/retaining
stormwater on-site, green roofs, rain gardens.
» Collecting Rainwater [hitp://www.ewp.org/Conmiunity Watersheds/brochure.pdf] provides how-to-
guides on constructing and installing a rain barrel and rain garden.
* Overview of Environmentally Beneficial and Water Efficient Landscaping
[littp://\vwv\.epa.go\/grccriscapes/] provides resources related to cost efficient and
environmentally friendly landscaping.
m Comprehensive Guide to the Green Power Partnership [http://www.epa.gov/iireenpower/] by
offers information everything needed to know about green power and how to purchase it.
g DOE's Gateway to Energy Efficiency and Renewable Energy Resources
[http://www.cere.energv.gov/] provides U.S. Department of Energy links to resources related to
renewable energy.
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HEALTH CARE AND HOSPITALS
Hospitals for a Healthy Environment [http://wwvv.h2e-oiiline.org/] is designed to help
healthcare facilities enhance work place safety, reduce waste and waste disposal costs and
become better environmental stewards and neighbors.
Healthcare Guide to Pollution Prevention Implementation through Environmental
Management Systems [Imp://wwvv.epa.gov/region02/healthcan;/] is a comprehensive resource for
understanding the components of an EMS and for developing an EMS specific to a
healthcare facility.
Sustainable Hospitals Project [htlp://www.sustainablchQspiials.org/cgi-bin/DB Index.cgi] supports
the healthcare industry with select products and work practices that reduce occupational and
environmental hazards.
EPA 's Profile of the Healthcare Industry
[http://wwv\'.epa.go\'/compliance/resoLirces/publications/assistance/sectors/notebooks/health.litml] and the
Healthcare Environmental Resource Center (HERC) [hiip://www.hercenter.org/] provide
detailed compliance and pollution prevention information on the healthcare sector. The
Healthcare Profile [hnp:.'/vvwvv.hercenier.org/links/] is a good resource for industry, government
and the public.
EPA 's CA COMPASS [hjj|v//vvwvv.epa^^.gov/coniplianee/resources/iicvvslel1ors/a.ssistancc/cacompass2-
2006.pdt] is a newsletter on compliance assistance issues. Spring, 2006 issue focuses on the
healthcare sector.
NATIONAL ENVIRONMENTAL POLICY ACT
EPA's Office of Federal Activities Web site [http://www.epa.gov/compliance nepa/iridex. html]
provides information on the NEPA compliance program.
The White House Council on Environmental Quality's NEPAnet Tribal Information
[http://ceq.eh.doe.eov/nepa/tribes.htm] provides information on CEQ Guidance and Executive
Orders Related to Native Americans.
NEPA and TEPA handbook. Visit the Web site [http://www.tulalip.nsn.us/index.htnii] for more
information.
Tribal Environmental Review CV/m'c1
[http://www.tulalip.risn.us/TE:RC"^20Wcb"/»20Pages_files/TERC'M)20Web"/«] provides general
information about a project of the Tulalip Tribes, The TERC is being developed to help
protect tribal natural and cultural resources through informed and leveraged participation in
the National Environmental Policy Act (NEPA), and to assist tribes in the development of
internal environmental review practices (i.e., TEPA-based policies) that meet their
organizational and cultural needs.
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SELECTED ENFORCEMENT GUIDANCE RELATED TO INDIAN COUNTRY
Protecting Public Health and the Environment Through Enforcement and Compliance
Assurance in Indian Country, A Strategy for Results (March 2004) is provided on the
Compliance and Enforcement through Tribal Resources Web site
[http://www.epa.gt>v compliance.'tribal/strateyy.html].
Executive Order 13175, Consultation and Coordination with Indian Tribal Governments
(November 2000) is provided on the Federal Register Environmental Documents Web site
[http://www.cpa.go v/fcdrgstr/co/>'o 13175.htm].
EPA Policy for the Administration of Environmental Programs on Indian Reservations
(November 8, 1984) Web site [http:-/www.epa.izov/superiund/tgols/topics/relocation/policy.htm]
provides information about and the text of the policy.
Guidance on the Enforcement Principles Outlines in the 1984 Indian Policy (January, 17,
2001), the EPA's Tribal Compliance and Enforcement Web site
[http:/%ww.e|:ui.uov/compliance iribal/] provides links related to the guidance for the 1984 Indian
Policy.
EPA Region 4 Policy and Practices for Environmental Protection in Indian Country
(November, 2001) [httn;//;\vww1cp^uwLl^ provides guidance and
information for employees of Region 4 working with federally recognized tribes.
EPA Region 5 Direct Implementation Strategy for Indian Country for Fiscal Year 2005,
the Region 5 Indian Environmental Office Web site [Mii;^iww^;yiiiy:iKtsioji5/trik^ ]
provides links to the 2005 and 2006 versions of the document.
EPA Region 8 Guidance for Compliance Monitoring, Compliance Assistance and
Enforcement Procedures in Indian Country (January 10, 2001)
[hup:- www.epa.eovregion8/tribes/r8eiif.html] sets the procedures for compliance assistance and
enforcement procedures in Region 8 Indian country.
FEDERAL EXECUTIVE BRANCH RESOURCES
DEPARTMENT OF AGRICULTURE
Guide to USD A Programs for American Indians and Alaska Natives
[http://www.usda.gov/iiews/pubs.4ndians/opcn.litm] provides links to the document as well as
information about accessing the document in other media.
Forest Service National Resource Guide to American Indian and Alaska Native Relations
[http://www.fs.fed.us/people/tribal/] provides links to the document in pdf format.
Summer 2007
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DEPARTMENT OF COMMERCE
U.S. Census Bureau's American Indian and Alaska Native Data and Links
[blip: f;ictFiiidcr.cerisiis.eov/h«me/aiaii index.html] provides Census data and other information
links concerning American Indians and Alaska Natives.
DEPARTMENT OF DEFENSE
Office of the Deputy Under Secretary of Defense For Installations and Environment
developed the Native American Environmental Tracking System
[https:/, wvvw.denix.osd.mil/denix/Public/Native,-native.html] to track information regarding
environmental impacts on tribal lands.
DEPARTMENT OF ENERGY
Office of Intergovernmental and Public Accountability [http:/. \vch.cm.doc.gov/public index.html]
promotes active public involvement in the Environmental Management planning and
decision-making processes. The mission of our office is to provide State, Tribal, and local
governments and other interested stakeholders with opportunities for meaningful
involvement managing the cleanup and closure of the Nation's former nuclear weapons
complex.
The Native American Treaties and Agreements [hu^_\\^\v^^l
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Native organizations, Native Hawaiian organizations and Native populations throughout the
Pacific basin (including American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands).
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing and Urban Development, Office of Native American Programs
[http://wwvvJiud.gov/officcs/pili/ih/codetalk/onap'] provides information about safe, decent and
affordable housing as well as economic opportunities, assistance and development
information.
Code Talk is a federal inter-agency Native American Web site
[http://vvwvv.hud.gov/oniceh/pih/ih/codctalk/] that provides information for Native American
communities. Code Talk is hosted by the U.S. Department of Housing and Urban
Development, Office of Native American Programs.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs [t UBVAVVV^OL^ .
Bureau of Land Management [h^iL^w^yjw^ administers 262 million acres
of America's public lands, located primarily in 12 Western States. The BLM sustains the
health, diversity, and productivity of the public lands for the use and enjoyment of present
and future generations.
Tribal Preservation Program of the National Park Service [http:/'/www. or. sips.gov/hps/tribal']
assists Indian tribes in preserving their historic properties and cultural traditions. The Web
site offers links to cultural resource and historic preservation material.
The National Native American Graves Protection and Repatriation Act (NAGPRA)
[http:/Ayww.cr.nps.go\/nagpra/] program assists the Secretary of the Interior with some of the
Secretary's responsibilities under NAGPRA, and focuses on NAGPRA implementation
outside of the National Park System. National NAGPRA is a program of the National Park
Service's National Center for Cultural Resources.
Native American Library of the Department of the Interior
[http://iibrary.doi.gov/internet/iiativc.htnil -news] provides links to a number U.S. Government
Web sites related to Native Americans.
Office of Native American Liaison at the U.S. Fish and Wildlife Service
[http://vvww.fws.gov/nativeameiican/] identifies areas where both Federal and tribal conservation
efforts can most effectively conserve fish, wildlife, plants, and their habitats.
The Bureau of Reclamation's Native American Program [http:/%ww,yisbr.gov./native/] serves
as the central coordination point for the Native American Affairs Program and is
Reclamation's policy lead for all Native American issues.
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m The U.S. Geological Survey's American Indian/Alaska Native Coordinating Team
[http://wwwjisgs.gov/indian/] establishes policy and to coordinates USGS activities.
* U.S. Geological Survey's Indian Land Maps
[http://rockyvveb.cr.iisgs.gov.'outreach./lewisclurk/indiaiilandsniaps.html] include maps showing the
results of cases before the U.S. Indian Claims Commission or U.S. Court of Claims in
which an American Indian tribe proved it's original tribal occupancy of a tract within the
continental United States and Indian lands of the United States.
m American Indian Liaison Office at the National Park Service
[http://www.cr.nps.uov/ailo ailohome.htm] seeks to improve relationships between American
Indian Tribes, Alaska Natives, Native Hawaiians and the National Park Service through
consultation, outreach, technical assistance, education, and advisory services.
DEPARTMENT OF JUSTICE
The Office of Tribal Justice (OTJ) [hup: /w vvvv.usdQi.gov/oii/index.html] at the Department of
Justice provides a single point of contact within the Justice Department for meeting the
broad and complex federal responsibilities owed to Indian tribes. OTJ, in cooperation with
the Bureau of Indian Affairs, serves to unify the federal response.
DEPARTMENT OF LABOR
Division of Indian and Native American Programs in the Employment & Training
Administration \\^^j^^^;^^^^Xi\^MM'j] provides quality employment and training
services to Native American communities that not only meet regulatory requirements, but
also are administered in ways that are consistent with the traditional cultural values and
beliefs of the people they are designed to serve.
'DEPARTMENT OF TRANSPORTATION
DOT's Federal Highway Administration [http://\vww.fh\va.dot.gov/hep/tribaltrans/index.htm]
provides guidance and technical assistance to tribes about transportation concerns.
ENVIRONMENTAL PROTECTION AGENCY
American Indian Environmental Office [http://www.cpa.gov/indian/] coordinates the Agency-
wide effort to strengthen public health and environmental protection in Indian Country,
with a special emphasis on building Tribal capacity to administer their own environmental
programs.
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FEDERAL COMMUNICATIONS COMMISSION
Federal Communications Commission [http:/ www.icc.gov/indians/] is a resource for tribal
governments, organizations and consumers in expanding telecommunication services in
Indian country.
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
The Advisory Council on Historic Preservation 's [http://www.achp.goW] mission is to
promote the preservation, enhancement, and productive use of our Nation's historic
resources, and advise the President and Congress on national historic preservation policy.
ACHP Web site offers information on their ACHP Native American Program and related
Guidance for Federal Agencies and Tribal Historic Preservation Officers.
UNITED STATES CONGRESS RESOURCES
United States Senate, Committee on Indian Affairs [hty^jidian^.iifUe^gov.^ubiic/] has
jurisdiction to study the unique problems of American Indian, Native Hawaiian, and Alaska
Native peoples and to propose legislation to alleviate these difficulties. These issues
include, but are not limited to, Indian education, economic development, land management,
trust responsibilities, healthcare, and claims against the United States.
Office of Native American and Insular Affairs - Committee on Resources - United States
House of Representatives [http-Vrcsoiircoscomrniitcc. house, govsuhcuminiiiees/naia. htm] provides
links to various government links related to Native American and Insular Affairs.
The Library of Congress' Guide to Law Online [http://www.loc.gOv/lavv./public/law-ij:iiide.html] is
a selective, annotated compendium of Internet links and offers the full texts of laws,
regulations, and court decisions, along with commentary from lawyers writing primarily for
other lawyers. Materials related to law and government written by or for laypersons is also
included, as is government sites providing general information.
TRIBAL CODES, TRIBAL ENVIRONMENTAL LAWS, AND FEDERAL INDIAN LAW
Native American Constitution and Law Digitization Project [http://thoipc.ou.edu/] is a
cooperative effort among the University of Oklahoma Law Center, the National Indian Law
Library (NILL), and Native American tribes providing access to the Constitutions, Tribal
Codes, and other legal documents.
Cornell Legal Information Institute's Web site
[http: .WWW. Saw. Cornell, edu'vvex/'index.php Indian law] contains a list of legislation that pertains to
Indian Law, with links to the full text of the legislation.
Summer 2007
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* University of North Dakota 's Tribal Environmental Law Project
[http:,7\v\vw. law. iind.edu/npilc/ieip/index.plip] focuses on environmental justice concerns in Indian
Country.
« Findlaw's Subject Guide to Indian Law Web site
includes summaries of law, links to
documents, briefs, articles and books, message boards, and firms online.
Tribal Environmental Law Virtual Library at Vermont Law School
[http://vvvvw.vormontlavv.edu/clc. index. cfm'.'doc icNl66] offers tribal codes, rules, and laws. Also
included are "model" or "template" codes and analytical papers by scholars and
practitioners.
Handbook of Federal Indian Law by Felix S. Cohen [hup: thoipe.oii.edu. cohcn.html] provides
links to the contents of the Handbook.
National Tribal Environmental Council [httr^wwH\ntec\orjr'] is a resource for all federally
recognized tribes.
University of Colorado at Boulder 's Native American Treaties and Information Web site
provides links and citations to library
resources.
Tribal codes and constitutions provided by the tribes under the auspices of the National
Indian Law Library and its partners - the National Tribal Justice Resource Center and the
University of Oklahoma Law Library.
* Constitutions - [hn[v//wvvvv.narf.urg;mll trilxillaw onlmcdo^
* Codes — [littjr/'wwy.n^
Tribal Court Clearinghouse [hup:/ wvvw.iribal-insiituic.org ] is designed as a resource for tribal
justice systems and others involved in the enhancement of justice in Indian country.
Tribal Ordinance/Code Development Resources of the Institute for Tribal Environmental
Professionals at Northern Arizona University [http://www4.nau.edu/eeop/tocd resources.html]
provides links to other Tribal Ordinance/Code Development Resources.
Building Support for the Development of the Hualapai Tribal Court by Michael S.
Goldstein. The Harvard Project on American Indian Economic Development
• [http://wvvw.ksir.harviird.edu/hpaied/pubs/pub 061.htm] provides a link to the document.
LINKS TO TRIBAL GOVERNMENT WEB SITES
Tribal Directory from The American Indian Heritage Foundation Web site
[http://wvvw.indians.org/Resource/FedTrihesS>'J/t'edtribes99.html] provides additional information.
EPA Region 10's links to federally-recognized Indian tribes. The Tribal Governments and
Organizations' Web sites
Summer 2007 www.epa.gov/tribalcompliance Appendix E: page 33
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[hUp://yoscmite.cpa.gov/riO/lnb£l.nsi/4bld54516^H84iS825682400645235/65102c(j495a7764c882569bc()
07a7e(?a?Qpenpocument] provides more information.
OTHER ENVIRONMENTAL WEB SITES
NativeWeb [http://www.nati vt:wcb.org/info/] is an international, nonprofit, educational
organization dedicated to using telecommunications to disseminate information from and
about indigenous nations, peoples, and organizations around the world; to foster
communication between native and non-native peoples; to conduct research involving
indigenous peoples' usage of technology and the Internet; and to provide resources,
mentoring, and services to facilitate indigenous peoples' use of this technology.
Native Americas Journal is the award-winning publication of Akwe:kori Press of the
American Indian Program at Cornell University. It features articles that cover the most
important and critical issues of concern to Native American peoples throughout the Western
Hemisphere.
WWW Virtual Library - American Indians [http://www.hanksvjlle.ory/NAresuurces/j is an index
of Native American Resources on the Internet.
Native Americans and the Environment [[HUII^IWww.cjiic.orgiNAJE/J is a non profit seeking to
educate the public on environmental problems in Native American communities; explore
the values and historical experiences that Native Americans bring to bear on environmental
issues; to promote conservation measures that respect Native American land and resource
rights.
Summer 2007 www.epa.gov/tribalcompliance Appendix E: page 34
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APPENDIX F. EPA FINANCIAL ASSISTANCE RESOURCES
This appendix provides information on EPA financial resources for tribes. This resource list is
not exhaustive. References to the online Catalogue of Federal Domestic Assistance (CFDA)
[http://l2.46.245.i73/cfda/cfda.litml] are provided to facilitate access to a database of federal program
financial assistance. For EPA-specific funding opportunities go to the Find Current Funding
Opportunities Web site [http://www.epa.uov/ogd/grant!>/funding_t>pportunitics.htm] or contact the people
listed in Appendix B.
AIR RESOURCES
Indoor Air Quality Grants Concerning EPA Surveys, Studies, Investigations,
Demonstrations and Special Purpose Activities Relating to the Clean Air Act - Section 103
(CFDA: 66.034)
Purpose: Support indoor environment demonstration projects, outreach and training,
surveys, studies, investigations, demonstrations and special purpose assistance relating to
the causes effect, extent, prevention, and control of air pollution.
Contact: Regional Air Program Contacts.
The Air Pollution Control Program Support Clean Air Act, Section 105 Air Program
(CFDA: 66.001)
Purpose: Assists in planning, developing, establishing, improving, and maintaining
adequate programs for prevention and control of air pollution or implementation of national
primary and secondary air quality standards.
Contact: Regional Air Program Contacts or the Office of Air and Radiation
Air Pollution Control Research Environmental Protection Consolidated Research (CFDA:
66.500)
Purpose: Supports research to determine the environmental effects of air quality, drinking
water, water quality, hazardous waste, toxic substances and pesticides; to identify, develop
and demonstrate necessary and effective pollution control techniques and to explore and
develop strategies and mechanisms for environmental management decisions.
Contact: EPA Regional Office
The Tribal Community: Reducing Toxic Air Pollutants Project
Purpose: Provides funds for projects to conduct education, training, and outreach on the
application of voluntary methods that reduce the risk of human exposure to air pollutants in
tribal communities.
Summer 2007 vvvvvv.epa.gov/tribalcompliance Appendix F: page 1
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Contact: The Tribal Community: Reducing Toxic Air Pollutants Project document
[http://www.epa.gov/air.^rants/O.^-QT.pdf] and the Grants and Funding Web site
[http:/'/www.epa.gov^air/grants limding.html - indoor]
• Indoor Radon Grants (CFDA: 66.032)
Purpose: Supports the development and implementation of radon programs and projects
reducing radon risks.
Contact: Regional Air Program Contacts or EPA Headquarters at (202) 564-9439.
MULTIMEDIA RESOURCES
The Indian Environmental General Assistance Program (GAP) (CFDA: 66.926)
Purpose: Provides grants to tribes and intertribal consortia to build capacity to administer
environmental regulatory programs, funds development of multimedia programs to address
environmental issues, including the planning, developing and establishing the
administrative, technical, legal, enforcement, communications, and environmental
education and outreach structure of these programs.
Contact: EPA's American Indian Environmental Office (202) 564-0303, Regional Tribal
Contacts, or the The Indian Environmental General Assistance Program (GAP) (CFDA:
66.926) Document [htlp:,-w'\\v.cpa.go\.iridinn/pdls/gap2()(K).pdf]
Performance Partnership Grants (CFDA: 66.605)
Purpose: Provide tribes and states with greater flexibility to address their highest
environmental priorities, improve environmental performance, achieve administrative
savings, and strengthen partnerships between EPA and the states or tribes. PPGs are an
alternative assistance delivery mechanism and do not represent funding in addition to
grants provided under individual authorities. Recipients can conduct activities in multiple
areas and combine two or more of twenty different EPA grants, including GAP resources.
Contact: The Performance Partnership Grants (CFDA: 66.605) Web site
[http://12.46.245.173/pls/portai:-'()/CATALOG.PROGRAM TEXT RPT.SHOW?p arg namcs=prog nbr&p
_arg_ values~66.605]
Direct Implementation Tribal Cooperative Agreements (CFDA: 66.473)
Purpose: Allow tribes and intertribal consortia to help EPA implement federal
environmental programs in Indian country, notwithstanding the Federal Grant and
Cooperative Agreement Act. DITCAs are negotiated between EPA and tribes and can help
tribes build the capacity to carry out specific activities for EPA with EPA retaining final
decision-making authority and ultimate responsibility for the environmental programs
including all regulatory activities.
Summer 2007 www.epa.gov/tribaiconipliance Appendix F: page 2
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Contact: Regional Indian Program Contacts and the Direct Implementation Tribal
Cooperative Agreements (CFDA: 66.473)
[hltp://12.46.245.173/pls/porlal30/CATAL()G.PROGRAM TEXT RPT.SHOW.'p arg names=prog nbr&p
ar<- values=-66.473]
« Bio Watch Cooperative Agreements - CAA 103(b)(3) (CFDA: 66.500)
Purpose: Supports research to determine the environmental effects of air quality, drinking
water, water quality, hazardous waste, toxic substances and pesticides; identify, develop,
and demonstrate necessary and effective pollution control techniques; and explore and
develop strategies and mechanisms for those in the economic, social, governmental and
environmental systems to use in environmental management decisions.
Contact: The EPA Needs to Fulfill Its Designated Responsibilities to Ensure Effective
BioWatch Program document [hup:Vw\vwxpa.gov/oig/reports/2ri05/20050323-2005-P-00012~
Gccipy.pdf]
• The Five Star Restoration Matching Grants Program
Purpose: Supports community-based wetland, riparian, and coastal habitat restoration
projects that build diverse partnerships and foster local natural resource stewardship
through education, outreach and training activities.
Contact: The Five Star Restoration Matching Grants Program Web site
[!}y£lllWWU:epiU^0^
» Environmental Information Exchange Network Grant Program (CFDA: 66.608)
Purpose: Facilitates electronic exchange of environmental, health, and geographic data to
make it easier for EPA and its partners on the Exchange Network to obtain the timely and
accurate information needed to make better decisions. In FY 2006, grant funds will be
provided to develop information management technology capability and data exchange
(including geospatial), analysis, and integration capabilities. The funding will also support
mentoring, planning and training activities related to the Exchange Network.
Contact: Environmental Information Exchange Network Grant Program
[http://vvvvw.cpa.gov/c\changenctvvoi;k/granls.-]
m Community Action for a Renewed Environment (CFDA: 66.035)
Purpose: Supports analyses, studies, evaluations, surveys, investigations, conferences,
demonstrations and special purpose projects to reduce risks from exposures to toxic
pollutants in the air, in the water, and on the land through collaborative action at the local
level. Development a comprehensive understanding of all sources of risk from toxics and
set priorities for effective action. Creation self-sustaining community-based partnerships
that will continue to improve local environments.
Summer 2007 wwvv.epa.gov/tribalcompiiance Appendix F: page 3
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Contact: Community Action for a Renewed Environment Program Document
[http://www.epii.gov/aHvgrants/05-08.pdf]
• Environmental Policy and Innovation Grants (CFDA: 66.611)
Purpose: Supports activities that reduce pollutants generated and increase conservation of
natural resourcesmprove economic information and analytic methods to support projects on
the benefits, costs and impacts of environmental programs and on incentive-based and
voluntary environmental management strategies and mechanisms.
Contact: The Environmental Policy and Innovation Grants Web site
[http://12.46.245.173/pls/portal30/CATALOG.FROGRAN-LTEXT_RPT.SHOW';'p_arg names=p_rog_nbr&p
arg valucs:=66.611]
m The Environmental Justice Cooperative Agreements Program (CFDA: 66.306)
Purpose: Provide financial assistance to eligible community-based organizations working
on or planning to work on projects to address local environmental and/or public health
concerns, using EPA's "environmental justice collaborative problem-solving model."
Contact: The Collaborative Problem-Solving Cooperative Agreements Program Web site
[Imp: wvvw.cpa.gov:;^
B The Office of Environmental Justice Small Grant Program (CFDA: 66.604)
Purpose: Provides financial assistance to eligible community groups with projects that
address environmental justice issues.
Contact: The EJ Small Grants Program Web site
[hup: \vwu .cpii.yn'N compliance /cm ironmcntalj ust icc/grants/o j-smgrants.html]
• The Guide to Federal Grant Resources for Community Organizations, Tribal
Organizations, and Tribal Governments
Purpose: Identifies 44 federal environmental protection grants. For each grant, it provides
objectives, financial information, eligibility requirements, contact points, and more.
Additional sections advise applicants on preparation of grant proposals, budgeting for
projects, and completing standard forms.
Contact: The Plains States Tribes' Guidebook of Agencies/Colleges Providing Assistance
in Environmental and Water Resources Issues Web site
[hup: \vw\\ .mnisose.orti. guidebook'ahindex.htm]
• The EPA Grant Writing Tutorial
Purpose: Contains interactive software that walks users through the grant-writing process
and helps them learn to write more competitive grants. Program includes: detailed
information and tips on writing a grant proposal, how to complete a grant application
package, program-specific sections on three EPA grant programs environmental justice,
environmental justice through pollution prevention, and environmental education.
Summer 2007 vvvvw.epa.gov/tribalcompliance Appendix F: page 4
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Contact: The Grant Writing Tutorial Web site
[http:/V\vvvw.purdue.edu/dp/enviroso.ft/gra.ntS;fsrc./nisieopen.htiri]
EDUCATIONAL RESOURCES
Environmental Education and Training Program & Partnership (CFDA: 66.950)
Purpose: Trains educational professionals in the development and delivery of
environmental education programs.
Contact: The Educator Training Program (CFDA: 66.950) Web site
[http://l2.46.245.l73/pls/poi1al30/CATALOG.PROGRAM TTXT RPT.SHOW?p arg names-prog nbr&p
arg values^66.950] and the Educator Training Program Web site
[http: /vvww.cpimov.cnvirocd-cducate.html] or Kathleen MacKinnon at: mackinnon.kathlccn(«,;cpa.gov
The Environmental Education Grant Program (CFDA: 66.951)
Purpose: Supports creation of environmental education programs that enhance critical
thinking and problem solving skills. Supports projects to design, demonstrate, and
disseminate information related to environmental education and teacher training.
Contact: The Environmental Education Grant Program Web site
[htlp:. 7 www.cpii.gov cm i rood, grants.lit ml]
Children's Health Protection (CFDA: 66.609)
Purpose: Supports efforts by government organizations and educational institutions to
establish or enhance their ability to take actions that will reduce environmental risks to the
health of children or elderly population.
Contact: The Children's Health Protection Web site
[http: %osemitc.cpa.gov/ochp/ochp web .ns{/conl.eii_l/gran(s. him]
RESEARCH & SCIENCE
The Science To Achieve Results (STAR) Program (CFDA: 66.509)
Purpose: Supports research on environmental and human health effects of air quality,
drinking water, water quality, hazardous waste, toxic substances, and pesticides. Supports
research to explore and develop strategies and mechanisms for those in the economic,
social, governmental, and environmental systems to use in environmental management
decisions.
Contact: The Science To Achieve Results (STAR) Program Web site
[ht(p:/712.46.245.173/pls/porlal30/CATALOG.PROGRAM TEXT RPT.SHOW?p am names=prog nbr&p
_aig_values=66.5Q()]
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m Office of Research and Development Consolidated Research: Surveys, Studies,
Investigations and Special P'urpose Grants (CFDA: 66.511)
Purpose: Supports surveys, studies and investigations and special purpose assistance to
determine the environmental effects of air quality, drinking water, water quality, hazardous
waste, toxic substances, and pesticides; and identify, develop, and demonstrate effective
pollution control techniques; and perform risk assessments to characterize the potential
adverse health effects of human exposures to environmental hazards.
Contact: The National Center for Environmental Research (NCER) Web site
[http://es.epu.gov/nceiv]
• Environmental Protection Consolidated Research (CAA 103, CWA 104, SWDA 8001,
SDWA 1442, FIFRA, TSCA, CERCLA, MPRSA, NEPA) (CFDA: 66.510)
Purpose: Supports research on environmental effects of air quality, drinking water, water
quality, hazardous waste, toxic substances and pesticides; to identify, develop and
demonstrate necessary and effective pollution control techniques; and to explore and
develop strategies and mechanisms for those in the economic, social, governmental and
environmental systems to use in environmental management decisions.
Contact: The Survey, Studies, Investigations and Special Purpose Grants in the Office of
Research and Development Web site
[iitiii;iill:4^^
_yj"_!yylu.^~Mi-5!. Q]
» Surveys, Studies, Investigations and Special Purpose Grants (CFDA: 66.606)
Purpose: Support surveys, studies, investigations, and special purpose assistance for the
award of Congressional eamiarks and multimedia grants only.
• Surveys, Studies, Investigations and Special Purpose Grants within the Office of the
Administrator (CFDA: 66.610)
Purpose: Support surveys, studies and investigations, and special purpose assistance
associated with air quality, acid deposition, drinking water, water quality, hazardous waste,
toxic substances, and pesticides.
Contact: The Surveys, Studies, Investigations and Special Purpose Grants Web site
[http://12.46.245.173/pls/portai:.0/CATAL(Xi.PROGRAM TEXT RPT.SHOW?p arg names-prou nbr&p
_arg values=6b.6lo] and the Small and Disadvantaged Business Utilization Web site
[htip:/ www.epa.gov/osdbu/]
" International Financial Assistance Projects (CFDA: 66.93)
Purpose: Support assistance projects relating to the protection of the health and welfare of
our citizens and of all people.
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Contact: The International Financial Assistance Projects Web site
[http://12,46.245.173/pis/Boilai3()/CATALOG.PROGRAM TEXT .RPT.SHOW?p are names=prog nh.r&p
^ir£_.Yalyts::M,93j] and the International Affairs Web site [hjttrr£w\\^^
" Environmental Policy and State Innovation Grants (CFDA: 66.940)
Purpose: Support analyses, studies, evaluations, and conferences that lead to reduced
pollutants generated and conservation of natural resources. To promote comprehensive,
cross-media approaches that encourage and promote stewardship programs that reflect
"beyond compliance" behavior and offer incentives or rewards for superior environmental
performance. To encourage and promote change that is systems-oriented and enables
better results.
Contact: The State Innovation Grants Web site [http://www.epa.gov/innovation/staiegrants/]
PESTICIDE RESOURCES
The National Agriculture Compliance Assistance Center [MtE^:www.e|2a.gtn
provides comprehensive information about financial resources. Created by EPA with the
support of the Department of Agriculture.
Tribal Grants for Surface and Groundwater Protection, Pesticide Management Planning
Purpose: Provide technical assistance and cooperative agreements for enforcement
certification and training and pesticide program initiatives in groundwater, endangered
species, and worker protection programs.
Contact: The Catalog of Federal Funding Sources for Watershed Protection Web site
[htt}>://clpub.cpa.gov/fedfiiii(:l/prografn.clhi?prog_iniiTi-58]
Tribal Pesticide Program Support
Purpose: Helps to build comprehensive pesticide programs through purchasing inspection
and laboratory supplies and equipment and reimbursing grant-related travel, per diem
expenses, salaries, and administrative costs.
Contact: The Tribal Pesticide Program Grants Web site
[http://wvvvv.epa.gov/opptcadl.tribcs.granls.htsTi]
LEAD RESOURCES
The Lead Program, and organizations such as the National Lead Information Center
(NLIC) [http://www.epa.izov/lead/iuibs/leudpbed.htm - grants], ensure that individuals conducting
lead-based paint activities in target housing and child-occupied facilities are properly
trained and certified.
Summer 2007 vvvvvv.epa.gov/tribalcompliance Appendix F: page 7
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m The Occupational Health and Safety Organization's Web site
[http://wvvw.osha.gov/SLTC/lead/index.htiTil] addresses regulatory issues associated with lead in
the workplace.
WASTE RESOURCES
SOLID WASTE
• Grant Resources for Solid Waste Activities in Indian Country - August, 1998
Purpose: Identifies financial assistance opportunities for solid waste management
programs, including specific information explaining how to obtain tax-exempt status for
organizations, locating other grant resources, and preparing successful grant proposals.
Contact: The Grant Resources for Solid Waste Activities in Indian Country section of the
Grants and Funding Web site [lutp:/^vw\v.epLi.goy/epaos\ver/non-hw/tribal/finarLce.htiTi - epa pubs]
• Preparing Successful Grant Proposals
Purpose: Describes application procedures for solid waste management grants. Provides
tips for preparation and writing of proposals, resources for identifying grantors, a check list
for grant proposal writing, and a case study describing the Sitka Tribe of Alaska's
successful grant proposal, Jobs Through Recycling. Document Number EPA530-F-97-051.
Contact: The Preparing Successful Grant Proposals Web site
[lillp://\yvvvv.cpa.uo\'.'U'iha 11 rissv • .xllixr'nictagran.txl ]
• Interagency Project to Clean Up Open Dumps
Purpose: Assists with the closure or upgrade of open dumpsites and completing and
implementing comprehensive, integrated waste management plans.
Contact: Regional solid waste Contacts or the Grants and Funding Web site
[htlp://vvwv\.cpu.gov;/epaosvverno!i-livv;iribal/Tinancc.hlm - Iy2()()5]
• Solid Waste Resource Guide for Native Americans: Where to Find Funding and Technical
Assistance, Spring 1994
Purpose: Identifies potential sources of federal financial and technical assistance for safely
managing solid waste, implementing the requirements of RCRA, and enhancing tribal
capability.
Contact: The Office of Solid Waste and Emergency Response, RCRA Information Center
at (800) 424-9346 or rcra-docketiffepamaii.epa.gov
» The Rural Community Assistance Partnership (RCAP)
Purpose: Provides technical, financial management, and managerial support and training to
tribal and rural communities with populations under 10,000.
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Contact: The RCAP Web site [hup: vvww.rcap.org. swp.html]
HAZARDOUS WASTE
The Hazardous Waste Grant Program
Purpose: Encourages comprehensive integrated hazardous waste management practices by
building tribal capacity for developing and implementing hazardous waste activities,
developing tribal organizational infrastructure, achieving sustainable hazardous waste
programs, and building partnerships among tribes, federal agencies, states and local
communities.
Contact: Regional hazardous waste tribal program contacts or the Hazardous Waste Grant
Program section of the Grants and Funding Web site [http://ww\v.epa.gov/tribalmsw/fmance.htm -
hazard]
POLLUTION PREVENTION
Grants for Environmental Justice Through Pollution Prevention
Purpose: Provide financial assistance to community groups and Tribal governments for
projects that address environmental justice and use pollution prevention activities as the
proposed solutions.
Contact: EPA Regional Indian Contacts and the Grants and Fellowship Information Web
site [hup: v> w\\.epa.eowogd grants inroiinaiion.liim]
WATER RESOURCES
WATER QUALITY STANDARDS
Water Quality Funding Opportunities
Purpose: Provide financial assistance for the prevention, reduction and elimination of water
pollution. Grants may fund a variety of projects for the protection of water quality,
including developing water quality standards, conducting stream bioassessment surveys,
gathering baseline water quality data, and developing a water classification system.
Contact: The Funding for Tribal Water Quality Program Development Web site
[littp: epa.gov/waterscieiice tribes/fund.htm]
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WATER POLLUTION
Clean Water Tribal Resource Directory for Wastewater Treatment Assistance
Purpose: Assists in identifying sources of financial and technical assistance for Tribal
wastewater treatment programs and infrastructure. Note: Currently being updated.
Contact: The Clean Water Tribal Resource Directory for Wastewater Treatment Assistance
Web site [http:/'/vv\vvv.cpa.gov/OW-OWMhtml/nuib/indian/cwtrd.htm]
Water Pollution Control Program Grants - CWA Section 106
Purpose: Assists tribes in carrying out effective water pollution control programs by
funding a wide range of water quality activities including: water quality planning and
assessments; development of water quality standards; ambient monitoring; development of
total maximum daily loads: issuing permits; groundwater and wetland protection; nonpoint
source control activities (including nonpoint source assessment and management plans).
Contact: The Clean Water Act Section 106 Tribal Pollution Grant Control Program Web
site [htip: 'wwvv.cpa.gov owm. iniib/indi:in/cw;i I06.htm]
The Clean Water Act Indian Set-Aside Program
Purpose: Provides grants for planning, designing, and constructioning wastewater treatment
systems. Funds originate from a 1.5 percent set-aside from the Clean Water State
Revolving Fund (CWSRF), and are allocated among the EPA regions based on
proportionate share of total wastewater facility need as determined by the U.S. Indian
Health Service (IHS) using their Sanitation Deficiency System (SDS). EPA regional
coordinators then develop agreements with IHS and tribes to commit funds to specific
projects. Eligible projects include interceptor sewers, wastewater treatment facilities,
infiltration/inflow correction, collector sewers, major sewer system rehabilitation, and
correction of combined sewer overflows.
Contact: The Clean Water Indian Set-Aside Grant Program Web site
[http:/V www.epa.gov/ow-nVmab/ indian/cvvisa.htm]
WATERSHED PROGRAMS
The Alaskan Native Village and Rural Communities Sanitation Grant Program
Purpose: Assists Alaskan Native Villages and Alaska rural communities with the
construction of new or improved drinking water and wastewater sanitation systems. Grants
are awarded by EPA to the State of Alaska, who administers the funds through the Village
Safe Water Program [http://www.dec.state.ak.us/waier/vsw/]. A portion of EPA's funding is also
used to provide training and technical assistance in the operations and maintenance of
treatment systems.
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Contact: The Alaskan Native Village and Rural Communities Sanitation Grant Program
Web site [http://www.epa.gov/owni/niabIndian ;anvrs.htm]
8 Nonpoint Source Implementation Grants - CWA Section 319
Purpose: Implement nonpoint source projects and programs to address nonpoint source
pollution, including runoff from urban areas, farms, feedlots, abandoned mines, and forest
operations. Fund activities including information and education, demonstration projects,
and implementation of Best Management Practices for controlling nonpoint sources of
pollution. Eligibility depends on tribe having "treatment-as-a-State" status and an EPA-
approved nonpoint source assessment and nonpoint source management plan.
Contact: The Funding Opportunities Web site [hup:/ wvvw.cpa.gov/owow/nps.funding.himl]
m Catalog of Watershed Assistance Grants
Purpose: Highlights federal grants and loans to support watershed projects and provides
references to other publications and Internet sites that provide information about funding
and technical assistance.
Contact: The Catalog of Watershed Assistance Grants Web site
[http: /2 w wvy. cpii.gov-1 owovv; watershed '\vau/ ].
" Water Quality Cooperative Agreements/Grants - CWA Section 104(b)(3)
Purpose: Support developing, implementing, and demonstrating innovative approaches
relating to the causes, effects, extent, prevention, reduction and elimination of pollution
related to watershed approaches for combined sewer overflow, sanitary sewer overflows,
and storm water discharge problems, pretreatment and sludge (biosolids) program
activities, decentralized systems, and alternative ways to measure the effectiveness of point
source programs.
Contact: The Water Quality Cooperative Agreements/Grants - CWA Section 104(b)(3)
Web site [http;//wvy\y.cpa.gov/OW-OWM.html/mah/indian/secl()4.htm]
WETLANDS
Wetlands Program Development Grants
Purpose: Conduct projects that promote the coordination and acceleration of research,
investigations, experiments, training, demonstrations, surveys, and studies relating to the
causes, effects, extent, prevention, reduction, and elimination of water pollution.
Contact: The Wetlands Program Development Grants Web site
[http:./wwvv.epa.gov/owow/wetlands/grantguidelines ].
The North American Wetlands Conservation Act Grants Program
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Purpose: Develops partnerships focusing on protecting, restoring, and/or enhancing critical
habitat. Project must support long-term wetlands acquisition, restoration, and/or
enhancement.
Contact: U.S. Fish and Wildlife Service, Department of the Interior. David Buie at
davicLbuiewifvvs.gov, (301) 497-5870 or Keith Morehouse at keithjnorehousef«;fws.gov, (703)
358-1888, or the USFWS Grants at a Glance Web site [http:6www.fws.gov/grants/ ]
* The State/Tribal Environmental Outcome Wetland Demonstration Program Grant Pilot
Purpose: Demonstrates the extent to which wetland program implementation achieves
positive environmental outcomes - in particular, no net loss, net gain and protection of
vulnerable wetlands. Section 104(b)(3) of the Clean Water Act.
Contact: The State/Tribal Environmental Outcome Wetland Web site
[http://www.epa.gov/owow/vvellands/grantpilot/index.html]
» Water Resources on Indian Lands (CFDA: 15.037)
Purpose: Funds specific water resource projects, as well as to support the collection and
analysis of baseline data and to facilitate litigation and negotiation activities, including
analysis of water, assessment of water quality, ecosystem development, and classification
of aquifers.
Contact: U.S. Department of the Interior, Bureau of Indian Affairs, Division of Water and
Land Resources, Branch of Agriculture, (202) 208-6042
UNDERGROUND INJECTION CONTROL PROGRAM
Tribal Underground Injection Control Grants Program
Purpose: Supports Tribal UIC programs to protect drinking water sources. Theses funds
should be used for Class V implementation, including Class V inventories, or UIC Primacy
grants when necessary, unless a clear rationale exists to apply it to other classes.
Contact: UIC Tribal Grant Program Web site [http://w\vvv.epa.gov./safewater/uic/tribai.html].
WATER EMERGENCIES
• The Hazard Mitigation Grant Program
Purpose: Helps implement long-term hazard mitigation measures after a major disaster has
been declared.
Contact: (202) 646-4621 or the FEMA Mitigation Division Web site
[hUp:.;'j'vvwvv.feina.gov.''about/di\'isions/mitigalion/mitigation.shtm]
m The Abandoned Mine Land Reclamation Grant Program
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Purpose: Supports administrative costs, construction work to reclaim abandoned mine sites,
emergency program administration and project construction costs, acid mine drainage,
establish a self-sustaining program to provide insurance against coal-mining-related
subsidence, and clean streams activities.
Contact: Indian Regulatory Program Web site [http:/7ww\v.osmre.gov/grantsprogrnms.htm].
DRINKING WATER
Drinking Water State Revolving Fund (DWSRF) Tribal Set-Aside Program (formerly
SDWA Section 1452(1) Drinking Water Infrastructure Grants - Tribal Set-Aside Program)
Purpose: EPA sets aside 1.5 percent of the total Drinking Water State Revolving Fund
allocation for infrastructure improvements to public drinking water systems that serve
tribes. The funds are allotted among the EPA regional offices. The regional offices then
identify potential projects and make awards based on a priority setting process that each
region has developed for its own program. Projects must address an existing drinking water
quality problem and identify how the proposed project will improve the quality of drinking
water to comply with Safe Drinking Water Act primary or secondary standards.
Contact: DWSRF Web site [hiLiriiww^^r>
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science, statistical research, development, studies, surveys, demonstrations, investigations,
public education, training, and fellowships.
Contact: Multi-media STAG Web site [http:/ w\vw.epa.gov/conipliance/state/granis/stag/nulex.html].
8 The Compliance Assistance Support for the Regulated Community (CFDA: 66.305)
Purpose: Provides financial assistance to private nonprofit institutions, universities, and
public agencies to improve environmental compliance and to create compliance assistance
tools utilizing industry and commercial communication channels.
Contact: Compliance Assistance Support
[htip:/vi2.46.245.173/pls/portal3()/CATALQG.PROGRAM TEXT RPT.SHOW?p arg names=prog nbr&p
am values-^66.305] and the Compliance Assistance Centers [http://www.assistanceceHters.net/].
s Capacity Building Grants and Cooperative Agreements for Compliance Assurance and
Enforcement Activities in Indian Country and Other Tribal Areas (CFDA: 66.310)
Purpose: Build and improve the capacity of tribes, inter-tribal consortia, or tribal
organizations by providing financial resources to foster environmental enforcement and
compliance assurance activities and to improve compliance with environmental laws.
Contact: Office of Enforcement and Compliance Assurance at (202) 564-2516.
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APPENDIX G. ECONOMIC BENEFITS OF BUILDING GREEN
This appendix provides information on the economic benefits of building green. EPA's Green
Building program [http: www. epa.gov/oppiintr/greenbuilding/index. htm] and the Department of
Energy's Energy Efficiency Portal [htip:/vww\v.eere. energy. uov/] are two examples.
* Buildings and Life-Cycle Costing [http://lrcjiix-cnrc.gcxa/cbd/cbd2 1 2e.html] provides
information on the economic evaluation of these costs to give those involved in the design
and ownership of a building some basis for selecting the best investment in buildings or
building systems.
B Costing Green: A Comprehensive Cost Database and Budgeting Methodology
[hup: ,;idavis[a^ is a paper that provides an
economic evaluation of the costs to give those involved in the design and ownership of a
building some basis for selecting the best investment in buildings or building systems.
(July 2004)
Economic Benefits of Green Building Design
[hup: vv\vu.ciwml^ciL^ is a presentation for government
decisionmakers.
Actual Costs- Is Building Green too Expensive?
[http: wvvvx.housingzonc.com /topics/nahb/tirccn/nhb()()ca029. asp] is an excerpt from the book
Building Green in a Black and White World.
General Services Agency LEED Cost Study [http:/7ww\v.wbd.u.org/ccb/GSAMAN/gsaleed.pdf]
provides comprehensive analysis the costs to develop "green" federal facilities using the
U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED)
Building Rating System, Version 2.1 . (October 2004)
Managing the Cost of Green Buildings
[liltp: vvww.ciwmb.ca. gov/grccnbuilcling/dcsign. lVlanagingCost.pdf] provides general COSt-saving
strategies for green building, and by exploring the cost issues associated with four specific
building types in the context of the green building rating systems. (October 2003)
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K What Every State Executive Should Know About Sustainable Buildings
[http:/ www.ciwmb.co.go\/greenbuikliiig-'desigii/Managers.ppt] information from California on what
are sustainable buildings, how sustainable buildings create a healthier workplace, and the
executive's role in promoting sustainable building practices.
• New Air Quality Standards Report Knocks Down Economic Stumbling Blocks to Green
Building [http://aqs.com/DesktopDeiault.aspx] provides evidence that building green is not cost
prohibitive.
" Life-Cycle Cost Programs for the Federal Energy Management Program
[http://wwwl.eere.energv.uov/feniip/infonriution/download blcc.html] is a program developed by the
U.S. National Institute of Standards and Technology to provide computational support for
the analysis of capital investments in buildings.
* U.S. EPA 's Energy Star Building Manual: Financing
[http://vvwvv.resourccsavcr.org/fiic/toolmanagcr/o16F2166Q.pdf] provides information on how energy
performance projects may be different from many other business investments and how to
finance energy efficient purchases.
8 Energy-10: Tool to Identify Cost-effective, Energy Saving Measures
[http://www.nrcl.gov buildings, energy I o.html] is a PC-based design tool for architects and
building designers of small commercial and residential buildings.
* RETScreen Renewable Energy Project Analysis Software
[http:-/vvwvv.retscrceri.nci/ang/hciTic.php] offers information to build the capacity of planners,
decision-makers and industry to implement renewable energy and energy efficiency
projects.
m CFL Economics: Lifetime Economics of Compact Fluorescent Lamps and Incandescent
Lamps [http://wwvv.susdcsian.com/cfl] enables users to determine, among other things, at what
point in time the lower operating cost of a more efficient lamp offsets its typically higher
purchase price.
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APPENDIX H. POLLUTION PREVENTION SUCCESS STORIES
This appendix provides examples of successful pollution prevention projects implemented by
tribes. While not an exhaustive list, these success stories provide a survey of the range of
activities into which pollution prevention can be incorporated and demonstrate the multiple
benefits - resource conservation, regulatory compliance, cost savings - of incorporating
pollution prevention into all operations. Tribes can find additional pollution prevention
examples, information resources, and share their own success stories at the Tribal Pollution
Prevention Web site [httjii/wvwinbalj^^ Tribes and others can also join the Tribal P2
Workgroup [http://vvvvvv.tribalp2.ore .subscribe. php].
Green Building: Baca/Dlo'ay azhi Community School
The Leadership in Energy and Environmental Design Certified Baca Dlo'ay azhi Community
School [htt£^/]cc4aiscs!iidics^ on the Navajo Nation reservation
in Prewitt, New Mexico, serves students in kindergarten through grade six. The 78,900 ft2
building incorporates Native American cultural concepts, including an orientation that reflects
the meanings associated with the four cardinal directions. The school employs daylighting, low-
emissivity windows, shading, an efficient mechanical system, and a sophisticated energy-
management system; energy use at the school is expected to be 20% below that of a minimally
code-compliant facility. The school is also expected to use 30% less water than a conventional
facility. Materials were selected for their recycled content and proximity to the building site.
Daylighting, air filtration, a track-off entryway system, and a green housekeeping plan contribute
to a healthy indoor environment.
Green Building: Hopi Nation Straw Bale Home
Red Feather Development Group is a nonprofit whose mission is to educate and empower
American Indian nations to create sustainable solutions to the severe housing crisis in reservation
communities. They teach affordable, replicable and sustainable approaches to home
construction. As part of Red Feather's Elder Housing Initiative, a strawbale home was recently
completed on the Hopi Reservation
[http://ilomes-across-america.org/searcl^/details.cfm?who=l6l&Feature=all&action=shovvDetails&Quely=byState].
It was built as a replicable model to introduce straw bale homes as a viable solution and provide
housing for one family and a learning tool for others. Straw bale construction, especially when
built with a frost-protected shallow foundation, provides an affordable and energy-efficient
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house. The home was constructed with community involvement, transferring straw bale
construction skills to tribal members. This home also demonstrates efficient layout in a small
footprint, the use of low-impact products (on both health and environment), and barrier-free
design.
Sustainable Forestry: Tribes Supply Green Building Market with Certified
Lumber
The First Nations Development Institute reported (2002) that tribes have gained increased
control over their forests in recent years, and tribal foresters are seeking exposure for their
sustainable forestry practices, which are part of their traditional way of life. One vehicle for
exposure is the Forest Stewardship Council (FSC) [http://fscus.org/], which provides third-party
certification for environmentally sound forestry operations.
Tribes completing certification assessments include: The Confederated Tribes of the Warm
Springs in Oregon, the Nez Perce Tribe in Idaho, the Confederated Salish and Kootneai Tribe in
Montana, the White Mountain Apache Tribe in Arizona, the Mescalero Apache Tribe in New
Mexico, the Spokane Tribe of Washington, the Red Lake Band of Chippewa Indians in
Minnesota and the Ft. Bidwell Indian Community in California. Several of these have obtained
full FSC certification, while twenty-seven more tribes have gone through scoping assessments.
Renewable Energy: Wind Powering Native America
The Wind Powering Native America On-line video
[http://www.ccrc.cncrgy.gov.•'windandhydro/winclpovvcringamcrica/filler detail.asp?itcmid=749] documents the
installation of the first Native American-owned, large, utility-scale wind turbine in Indian
country, Rosebud Sioux Reservation in South Dakota. A printable video transcript is also
available. Year Published: 2005
Pollution Prevention Programs: Mo began Sun Resort
The Mohegan Tribe was honored with a 2004 National Pollution Prevention Roundtable MVP2
Award for their Environmental Protection Department's outstanding P2 program. They have
done work implementing fuel cell technology, photovoltaics, heat pumps, and in recycling food
and other materials. The Mohegan Sun Resort
[http://www.mohcgansun.com/vvwvv.p2pays.org/rcf/37/36i09.pdf] installed infrared sensors in hotel rooms
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for heating and lighting, and established a rainforest in Costa Rica to sequester carbon produced
by the casino. Mohegan Sun, the third largest casino in the United States, is also a member of
the Mohegan Nation, a leader in "Green Purchasing" that requires every employee take a course
on P2. More information about their efforts are available on their Web site:
Solid Waste Management: Tribal Composting Nourishes Land and Tradition
This issue of EPA'S Tribal Waste Journal [http://\vww.epa.gov/epaoswer/non-hw/tribal/resource.htm - twj]
focuses on a variety of innovative composting approaches, including: backyard, fish and wood
waste, food waste and biosolids, vermicomposting in schools, green waste composting in an arid
climate, mixed solid waste composting in Alaska, and cultural gardens and green roofs. It
features the stories and experiences of the Blackfeet Tribe of Montana, Eastern Band of
Cherokee Indians, Fond du Lac Reservation, Haines Sanitation, Inc., Ho-Chunk Nation, Kake
Tribal Corporation, Mashantucket Pequot Tribe, Oneida Tribe of Wisconsin, Redwood Valley
Rancheria, and Slat River Pima Maricopa Indian Community in Arizona. It also contains an
extensive list of resources and a Kids Page. Published annually, the Journal is available on the
Web or free printed copies are available from the National Service Center for Environmental
Publications at (800) 490-9198; e-mail: ncepiinalfojonc.net. Document Number: (EPA530-N-05-
001).
ADDITIONAL TRIBAL POLLUTION PREVENTION CASE STUDIES
WASTE MANAGEMENT IN INDIAN COUNTRY
EPA's Tribal Solid Waste Management Program encourages municipal solid waste and
hazardous waste management practices in Indian country that protect human health and the
environment. The experience of other tribes, villages, and tribal consortia that have successful
programs already in place or on the way is a valuable resource for tribes and Alaska native
villages developing solid waste management programs. The Tribal Solid Waste Management
Program Web site [http://www.epa.gov/tribalmsw/] offers studies of tribal waste management
programs in the "where you live" section.
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Mohegan Tribe (EPA Region 1)
The Mohegan Tribe has undertaken a major effort to reduce waste. The result is that the Tribe
has reduced 44 percent of its solid waste stream by source reduction, green purchasing,
education, and contractor certification.
Assiniboine and Sioux Nations, Fort Peck Reservation (EPA Region 8)
The Fort Peck tribes offer a combination of affordable curbside collection service and permanent
waste drop-off sites to facilitate proper solid waste disposal. The tribes established a Public
Works Committee Board to speed up the solid waste management decision-making process.
Eastern Band of Cherokee Indians (EPA Region 4)
When the federal RCRA Subtitle D landfill regulations went into effect, tribe closed its landfill
and constructed a transfer station that can accept 300 tons of waste per day. The transfer station
is successful because the tribe sized it properly, sited it carefully, and provided employees with
extensive training.
Confederated Tribes of the Umatilla Indian Reservation (EPA Region 10)
It took the Confederated Tribes of the Umatilla Indian Reservation 10 years to plan and build a
transfer station, but their persistence paid off. The northeastern Oregon reservation now has a
successful waste management system in place that is proving well worth the wait.
Jicarilla Apache Nation (EPA Region 6)
The tribe used information collected from site visits and a feasibility study to select the perfect
transfer station design. The completed transfer station is a split-level, enclosed facility that
handles 12 to 16 tons of waste psr day.
Oglala Sioux Tribe (EPA Region 8)
The tribe constructed a balefill that meets the federal landfill requirements. The tribe obtained
funding from EPA, the Indian Health Service (IHS), and the U.S. Department of Agriculture to
complete the project. The first cell of the balefill can handle waste from the reservation for 25
years.
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Onondaga Nation (EPA Region 2)
The nation funded and constructed a small transfer station without help from the IHS or any
other federal agencies. The nation worked directly with private waste haulers to design and
complete its transfer station, which consists of a concrete surface with two roll-off bins inside of
a gated chainlink fence.
St. Regis Mohawk Reservation (EPA Region 2)
After conducting a waste audit, completing a feasibility study, and examining different transfer
station designs, the tribe chose to install two 53 cubic yard, self-contained waste storage units.
The tribe's transfer station facility will also include a gated entrance, an unpaved road, a vehicle
scale, a drop-off area for recyclables, and an operations building.
Tule River Indian Tribe (EPA Region 9)
After closing five open dumps, the tribe implemented a solid waste management plan to provide
waste disposal alternatives. The tribe worked with the Indian Health Service to site, design, and
construct a transfer station.
INTERAGENCY OPEN DUMP CLEANUP PROJECT
A multi-agency funding commitment to help tribes throughout Indian Country close open
dumps, clean up waste on tribal land, and develop safe solid waste management practices. The
Open Dump Cleanup Project document [http://www.epa.gov/tribalmsw/pdftxt/opendump.pdf] provides
more information. Cooperating agencies include: Environmental Protection Agency, Bureau of
Indian Affairs, Indian Health Service, USDA's Rural Utilities Service, Department of Defense,
and Housing and Urban Development.
Pueblo of Taos
The Pueblo used federal grants to close its 5.4-acre open dump, identified by IHS as a high-threat
site. The grant funding enabled the Pueblo to cap its open dump, provide post-closure
maintenance and monitoring, establish a transfer station and curbside collection service, and
provide community outreach. The tribe implemented a solid waste management plan in
conjunction with the open dump closure activities in order to prevent the degradation of wetlands
and to protect the Pueblos' bison herd. To assess the effects of a transfer station or curbside
collection service, the tribe is monitoring illegal dumping activity. The tribe worked as a team,
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with several federal agencies and a consortium of 19 federally recognized tribes, to successfully
close the 5.4-acre dump. By working together to close the open dump and develop alternative
solid waste management options, the team helped protect the health of the community and
prevent environmental damage to wetlands, the aquifer, and the Pueblos' bison herd.
White Earth Band of Chippewa Indians
The White Earth Band of Chippewa Indians used a Tribal Open Dump Cleanup Project grant to
clean up the Cherry Lake Road dumpsite on its reservation. This highly visible and well-known
illegal dumpsite spanned a 4.5-mile stretch of Cherry Lake Road. All types of waste were
removed from the site, ranging from common household trash to large items such as furniture,
appliances, and tires. The council also used the grant funds to improve service at its five solid
waste satellite transfer stations, (n the past, many residents felt the user fees were too high and
the stations were not staffed reliably. With the grant money, the tribal council evaluated the fee
schedule for the stations and established prices more conducive to residents. Since the cleanups
and the improvements to the transfer station, most of the illegal dumpsites have remained clean,
and residents are much more aware of the illegal dumping problem.
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APPENDIX I. AVAILABLE SECTOR NOTEBOOKS
Direct questions and comments on the sector notebooks to the Compliance Assistance and Sector
Programs Division at (202) 564-2310 unless otherwise noted below. See the Notebook Web
page [http://wwvv.epa.gov/coinpliance resources publications assistance/sectors notebooks ] for the most recent
titles and links to refreshed data.
EPA Publication Number
EPA/310-R-05-001.
EPA/300-B-96-003.
EPA/310-R-99-001.
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
EPA/310-
R-95-001.
R-95-002.
R-95-003.
.R.95-004.
R-95-005.
R-95-006.
R-95-007.
R-95-008.
R-95-009.
R-95-010.
R-95-011.
R-02-001.
•R-95-013.
R-95-014.
R-02-002.
R-95-017.
R-95-018.
R-97-001.
R-97-002.
R-97-003.
R-97-004.
R-97-005.
R-97-006.
R-97-007.
Government Series
Profile of Tribal Government Operations
Profile of Federal Facilities
Profile of Local Government Operations
Industry Series
Profile of the Dry Cleaning Industry
Profile of the Electronics and Computer Industry*
Profile of the Wood Furniture and Fixtures Industry
Profile of the Inorganic Chemical Industry*
Profile of the Iron and Steel Industry
Profile of the Lumber and Wood Products Industry
Profile of the Fabricated Metal Products Industry*
Profile of the Metal Mining Industry
Profile of the Motor Vehicle Assembly Industry
Profile of the Nonferrous Metals Industry
Profile of the Non-Fuel, Non-Metal Mining Industry
Profile of the Organic Chemical Industry, 2nd Edition*
Profile of the Petroleum Refining Industry
Profile of the Printing Industry
Profile of the Pulp and Paper Industry, 2nd Edition
Profile of the Stone, Clay, Glass, and Concrete Industry
Profile of the Transportation Equipment Cleaning
Industry
Profile of the Air Transportation Industry
Profile of the Ground Transportation Industry
Profile of the Water Transportation Industry
Profile of the Metal Casting Industry
Profile of the Pharmaceuticals Industry
Profile of the Plastic Resin and Man-made Fiber Industry
Profile of the Fossil Fuel Electric Power Generation
Industry
Summer 2007 www.epa.gov/tribalcompliance Appendix I: page 1
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Sector Notebook Project Profile of Tribal Government Operations
EPA/310-R-97-008. Profile of the Shipbuilding and Repair Industry
EPA/310-R-97-009. Profile of the Textile Industry
EPA/310-R-98-001. Profile of the Aerospace Industry
EPA/310-R-OO-OO1. Profile of the Agricultural Crop Production Industry
Contact: Ag Center, (888) 663-2155
EPA/310-R-00-002. Profile of the Agricultural Livestock Production Industry
Contact: Ag Center, (888) 663-2155
EPA/310-R-00-003. Profile of the Agricultural Chemical, Pesticide and
Fertilizer Industry
Contact: Agriculture Division, (202) 564-2320
EPA/310-R-00-004. Profile of the Oil and Gas Extraction Industry
EPA/310-R-05-002. Profile of the Healthcare Industry
EPA/310-R-05-003. Profile of the Rubber and Plastic Industry, 2nd Edition
* Spanish translations of 1s' Editions available in electronic format only.
Summer 2007 www.epa.gov/tribalcompliancc Appendix I: page 2
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