Draft Profile of Tribal
Government Operations
EPA Office of Compliance Sector Notebook Project
EPA
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NOTEBOOKS
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EPA
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
ENFORCEMENT AND
COMPLIANCE ASSURANCE
December 2005
U S EPA Headquarters LiDrary
Mail code 3404T
1200 Pennsylvania Avenue NW
Washington, DC 20460
202-566-0556
Dear Environmental Professional:
The Environmental Protection Agency's (EPA) Office of Enforcement and Compliance
Assurance (OECA) requests your assistance in reviewing the Draft Profile of Tribal Government
Operations (Draft Profile). We hope that you will share the Draft Profile with your colleagues
and ask that you send us comments by April 3. 2006: EPA is also sharing this document with
tribal organizations and inter-tribal consortia. EPA intends to revise and finalize the Draft
Profile based on the input you provide.
This Draft Profile presents general information on many aspects of tribal government operations
that affect the environment. Additionally, the Draft Profile provides tribes with key information
needed to effectively understand the environmental regulations that may apply to tribal
operations and build tribal environmental compliance capacity. Building tribal compliance
capacity is accomplished by providing material on a wide array of available EPA technical and
compliance assistance tools and pollution prevention opportunities. This draft does not
necessarily fully express EPA policy or legal interpretation on a subject; it is instead intended to
provide an overview of environmental requirements. The Draft Profile is part of EPA's National
Tribal Compliance Assurance Priority and one of thirty five EPA sector notebooks that offer
comprehensive information on environmental concerns; information on the Tribal Compliance
Priority http://www.epa.gov/compliance/data/planning/priorities/tribal.html.
To facilitate the review process, EPA will discuss the Draft Profile with tribes, us well as with
the EPA Regional .Tribal Operation Committee and the EPA National Tribal Operations. At your
convenience, EPA can set up a conference call with you or your organization to discuss the Draft
Profile. You should send written comments directly to Jonathan Binder in OECA at
binderjonathan@epa.gov or by mail (EPA, 1200 Pennsylvania Avenue. N.W., Mail Code
2224A, Washington, DC 20460). If you have any questions, please feel free to have your staff
call Jonathan at^202-564-2516.
Thank you for taking the time to give us your views on this important document.
Sincerely,
U.S EPA Headquarters Library
Mail code 3404T
1200 Pennsylvania Avenue NWX 7 James Edward
Washington, DC 20460 / . \ Director
202-566-0556 Compliance Assistance and Sector Programs Division
Office of Compliance
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Sector Notebook Project
Draft Profile of Tribal Government Operations
GENERAL INFORMATION
The Draft Profile of Tribal Government Operations (Profile) is one in a series of volumes
published by the U.S. Environmental Protection Agency (EPA) to provide'comprehensive
information of general interest regarding environmental issues associated with specific sectors,
including notebooks for federal facilities and local governments.. There are currently thirty five
sector notebooks.
The Profile orients readers to the environmental responsibilities and challenges facing tribal
governments. The 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 Profile provides references to more detailed information
to facilitate compliance and pollution prevention techniques. ,
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.
Hard copy versions of all sector notebooks are available from EPA's National Comer for
Environmental Publications and. In format ion at (800) 490-9198.
Electronic versions of all sector notebooks are available via Internet on the EPA Web Siie at
www.epa.gov/compliiince/resources/Dublications/assistance/sectors/notebooks/index.htm!.
The Sector Notebook Project and Sector Notebook Contacts
;
EPA's Office of Compliance developed the Tribal Profile and each sector notebook. Appendix
A contains information on, and contacts for. each of EPA sector notebook. You can direct
general questions about the Sector Notebook Project to:
Coordinator, Sector Notebook Project
EPA Office of Compliance
1200 Pennsylvania Ave., NW (2224-A)
Washington, DC 20460
• 202-56412310 . -
EPA Indian Program and Media Program Contacts
Appendix B contains a list of EPA Headquarters and Regional contacts. These contacts can
provide information on EPA's Indian Program and Media (Air, Water; Waste, Toxics, Pesticides,
Enforcement and Compliance) Programs.
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General Information
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TABLE OF CONTENTS
1. INTRODUCTION 1-1
1.1 Why aTribalProfile .. 1-1
1.2 How the Tribal Profile is Organized ; 1-2
1.3 Scope of the Tribal Profile - Every Tribe is Different ... ; 1-3
1.4 Providing Comments on the Tribal Profile • 1-4
1.5 The Tribal Profile is Adaptable to Particular Needs 1-4
2. OVERVIEW OF TRIBAL GOVERNMENTS 2-1
2.1 Tribal Governments - Overview of History and Structure 2-1
2.2 Approaches for Providing Services 2-3
2.3 Regulation of Tribal Government Operations 2-5
2.4 Tribes and Environmental Protection 2-5
2.5 Tribal Assumption of Federal Environmental Programs 2-6
2.6 Direct Federal Implementation in Indian Country 2-8
2.7 Tribal Capacity to Manage Federal Environmental Programs 2-9
2.8 Public Participation 2-9
3. TRIBAL GOVERNMENT OPERATIONS 3-1
3.1 Pollution Prevention and Compliance Assistance 3-1
3.1.1 Benefits of Pollution Prevention 3-2
3.1.2 Implementation of Pollution Prevention '. 3-2
3.2 Purchasing Practices that Encourage Regulatory Compliance and Pollution
Prevention 3-2
3.2.1 Environmentally Preferable Product Alternatives ; 3-3
3.2.2 Top Pollution Prevention Opportunities 3-4
3.3 Public Safety 3-5
3.3.1 Chemical Emergency Preparedness and Prevention 3-6
3.3.2 Fire Protection and Emergency Response 3-10
3.3.3 Police Protection 3-12
3.3.4 Pollution Prevention and Public Safety 3-13
3.4 Healthcare Programs 3-16
3.4.1 Hospitals, Healthcare Workers and Emergency Response 3-18
3.4.2 Pollution Prevention and Healthcare Programs : 3-19
3.5 Tribal Government Enterprises 3-20
3.5.1 Forestry 3-20
3.5.2 Gaming 3-21
3.5.3 Agriculture 3-22
3.5.4 Tourism 3-24
3.5.5 Fisheries and Shellfish 3-24
3.5.6 Fuel Management and Gasoline Stations 3-26
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3.6 Construction/Property Management 3-27
3.6.1 General Issues and Activities '. 3-27
3.6.2 Stormwater - Application to Construction Activities 3-30
3.6.3 Buildings and Construction 3-31
3.6.4 Roads/Bridges/Tunnels 3-40
3.6.5 Underground Storage Tanks 3-43
3.6.6 Aboveground Storage Tanks 3-44
3.6.7 Outdoor Recreation Facilities (including Stadiums And Golf Courses) ... 3-45
3.6.8 Vehicle and Equipment Maintenance .. 3-47
3.6.9 Pollution Prevention in Construction and Maintenance 3-47
3.7 Water Resources Management 3-50
3.7.1 Surface Water Protection 3-51
3.7.2 Listing of Impaired Waters 3-54
3.7.3 Total Maximum Daily Loads i.'. '. 3-55
3.7.4 Implementation of Watershed (Surface Water) Protection Programs 3-56
3.7.5 Reservoir Management ... 3-58
3.7.6 Source Water (Groundwater) Protection 3-59
3.7.7 Wetlands .„ 3-62
3.7.8 Watershed Protection/Management 3-63
3.7.9 Education and Outreach 3-64
3.7.10 Pollution Prevention and Water Resources Management 3-64
3.8 Water Supply ' 3-69
3.8.1 Water Treatment 3-70
3.8.2 Waste Disposal '. 3-70
3.8.3 Storage and Management of Disinfecting Chemicals 3-71
3.8.4 Water Distribution 3-71
3.8.5 Operation and Maintenance -. 3-72
3.8.6 Safety and Security 3-73
3.8.7 Safe Drinking Water Act Compliance ,.. 3-74
3.9 Wastewater Management 3-75
3.9.1 Operation and Maintenance of Sewer Systems 3-77
3.9.2 Wastewater Treatment 3-79
3.9.3 Storm Water Discharges 3-84
3.9.4 Other Operations That May Be Regulated 3-85
3.9.5 Pollution Prevention in Wastewater Management 3-85
3.10 Pesticide Management 3-87
3.10.1 Purchasing Pesticides .' x 3-88
3.10.2 Applying Pesticides .: 3-88
3.10.3 Storing Pesticides : 3-92
3.10.4 Worker Protection Standards 3-94
3.10.5 Disposing of Pesticides 3-94
. 3.10.6 Pollution Prevention in Pesticide Management 3-95
3.11 Solid Waste Management ; 3-98
3.11.1 Integrated Solid Waste Management 3-99
3.11.2 Collecting and Storing Municipal Solid Waste 3-101
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3.11 Solid Waste Managementcontinued
3.11.3 Recycling and Composting 3-102
3.11.4 Disposal Through Landfilling and Waste Combustion 3-105
3.11.5 Household Hazardous Waste Collection and Storage 3-109
3.11.6 Partnership in Solid Waste Management 3-110
3.11.7 Hazardous and Non-Typical Waste 3-110
3.11.8 Other Operations That May Be Regulated 3-111
3.11.9 Pollution Prevention and Solid Waste Management Operations 3-111
• 3.12 Vehicle/Equipment Maintenance 3-114
3.12.1 Vehicle Repair Shops 3-115
3.12.2 Fueling Stations 3-118
3.12.3 Purchasing •„ ..3-119
3.12.4 Pollution Prevention In Vehicle/Equipment Maintenance 3-119
4. SUMMARY OF FEDERAL ENVIRONMENTAL LAWS RELEVANT TO TRIBES AND TRIBAL
OPERATIONS 4-1
4.1 Direct Federal Implementation of Environmental Laws in Indian Country -
EPA's Role as Regulator 4-1
4.2 Tribal Assumption of Federal Environmental Programs 4-1
4.3 Clean Air Act 4-3
4.4 Clean Water Act ; 4-6
4.5 Safe Drinking Water Act 4-10
4.6 Resource Conservation and Recovery Act 4-10
4.7 Emergency Planning and Community Right-to-Know Act 4-14
4.8 Comprehensive Environmental Response, Compensation, and Liability Act 4-15
4.9 Federal Insecticide, Fungicide and Rodenticide Act '... 4-17
4.10 Toxic Substances Control Act .. 4-18
4.11 National Environmental Policy Act 4-18
4.12 Endangered Species Act 4-20
4.13 Range Management Programs 4-21
APPENDIX A. LIST o¥ ACRONYMS , A-l
APPENDIX B. CONTACTS FOR EPA INDIAN AND MEDIA PROGRAMS B-l
APPENDIX C. EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS
ON INDIAN RESERVATIONS (NOVEMBER 8,1984) C-l
APPENDIX D. ENVIRONMENTAL ORGANIZATIONS GUIDE D-l
APPENDIX E. EPA COMPLIANCE AND TECHNICAL ASSISTANCE RESOURCES
COVERING AIR, WATER, WASTE, ENFORCEMENT, COMPLIANCE,
PESTICIDES, AND Toxics E-l
APPENDIX F. EPAFINANCIAL ASSISTANCE INFORMATION F-l
A?PENDD(G. ECONOMIC BENEFITS OF BUILDING GREEN G-l
APPENDIX H. TRIBAL POLLUTION PREVENTION SUCCESS STORIES H-l
APPENDIXI. LIST OF THIRTY FIVE EPA SECTOR NOTEBOOKS : 1-1
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LIST OF EXHIBITS
Exhibit 2-1. National Map of Federally Recognized Indian Tribes 2-3
Exhibit 3-1. Public Safety . 3-5
Exhibit 3-2. Construction and Maintenance 3-27
Exhibit3-3. Typical Water Treatment Plant 3-69
Exhibit 3-4. Wastewater Management 3-76
Exhibit 3-5. Pesticide Management 3-87
Exhibit 3-6. Solid Waste Management 3-98
Exhibit 3-7. Vehicle Fleet Activities 3-114
Exhibit 3-8. Repair Shop Activities 3-115
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List of Exhibits
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DISCLAIMER
The Profile of Tribal Government Operations was created for employees of the United States
Environmental Protection Agency (EPA) and the general public for informational purposes only.
This document has been 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 this document contain legally
binding requirements. This document is not a regulation itself, nor does not it change or
substitute for those provisions and regulations. Thus, it does not impose legally binding
requirements on EPA, tribes, states, or the regulated community. In addition, this documents 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: The Profile of Tribal Government Operations was developed by EPA's Office of
Enforcement and Compliance Assurance, Compliance Assistance and Sector Programs Division.
Special thanks to the many individuals inside EPA who reviewed the Tribal Profile and provided
comments, particularly Jonathan Binder, Jeffrey Brown, Joe Edgell, 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-01-0245 l/YDC-049) support and the Northwest Indians Fisheries
Commission and Robert Pojasek, Pojasek and Associates, provided additional material.
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Disclaimer & Note
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CHAPTER 1. INTRODUCTION
1.1 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
govemment-to-goverament relationship.
The Draft Profile of Tribal Government
Operations (Profile) presents information on
many aspects of tribal government operations
that affect the environment and human health.
As such, the 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 Profile also
offers material related to building tribal
compliance capacity and achieving
environmental compliance. To this end, the
Profile gives the reader information on:
US. Environmental Protection Agency Strategic Plan
''
„. , .
EP A's mission - to protect human health and •
the;enyironmeiit:-: applies tojfli our Nation,
mcludmgiindian,coutttry,;and Alaska^Natiye
Villages, hi carrying out our mission, we
; will build on diir strong foiuidathmof
, working with our tribal partners to ensure
ithat our efforts encompass all U.S. ilands, rv
regardless of ownership status or jurisdiction.
Tribes have unique cultural, jurisdiction, and-
legal issues that present special challenges to
the coordination and implementation of
environmental management activities in ; ^
Indian Sbj^ 3
'formally recognized the uniqueness of tribal *
jiidB^ciu^i lands- ^ital !^ti^pWicy is;the
principle ijjiat jEPA yraks with^K
governrnent-tp-governntent basis that -'\"'i ;
reaffirms the federal trust responsibility to ;:" '
trtbes.. Therefore,! EPA's work toward a.
cbmprehensiye plan of enylronrhibnta^ j
protection activities in Indian country and ,
Alaska Native Villages rriust use innovative '
approaches and coordinated programs mat .
complementitribal government structures,
incorporate tribal priorities, and recognize
tribal cultural considerations. • >
• The different types of tribal governments;
• The types of tribal government operations that have the potential to significantly affect
the environment and human health;
• 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 resources available to achieve compliance and potential pollution
prevention opportunities.
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1.2 How THE TRIBAL PROFILE Is ORGANIZED
The Profile presents general information on
many aspects of tribal governments that affect
the environment. In addition to this
introductory chapter, the Profile contains
three additional chapters:
• Chapter 2 presents an overview of
tribal governments, including the
types, numbers, and sizes of tribal
governments in the United States.
U.S. Enwrbnmente/ ftrrfarffon Agency Strategic fftan -V?
. EPA's::wprk wit|i tribes is about more jthan -.•%
pii^mifmdsc^h^^^ire^i^^;-"",,. »,;, >. '-
matters of jimsdictiori,a^ ""-.•'' •''
recognize that i^^^ppo]pi6;h^y^;d^stuiclf ,• • V.':.
•ways' of iijfe~^-'^i|^'^i^jfiiom oUMar:',^';'
A^epca^'; .Tlieif^culturalisumval dc^ert^ ;
on the protection affiljyitali^'"oifvffi^;tnbal :.;"^
homelands. Therefore} protecting that '• c
* •» w? ^-«;,*m*iS»'«;•*#<* «*-s* *^i•*;'T*A^tt T* '•*•,•*•«*' "i * ;>"\*r*%"3 _fc'*%. * -1? ^."-* K^~
: enviroifiment .and emsufing equiutole; /T .'f :3
environmental protection in Indian country - •
, and Alaska Native :Vilteges is critical.to v' '"
maintaining the vibrancy of tribal culture. : ""
• 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
Indian program and media points of contacts, references to compliance and technical
assistance documents, financial assistance resources, and green building and pollution
prevention opportunities.
Chapter 3, is the heart of the Profile, 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;
• Solid waste management; and
• Vehicle/Equipment maintenance.
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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
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 of EPA's
sector notebooks is available in Appendix A of the Profile and at
www.epa.gov/compliance/resources/pubiications/assistance/sectors/notebooks/index.html.
It should be noted that, while federal environmental laws regulate many operations conducted by
tribal governments and private entities within a reservation, tribal governments also play the role
of the regulator in many environmental programs. Chapter 2 and Chapter 4 discuss this aspect of
tribal governments.
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. Similarly, tribes and native communities have differing.
perspectives on, and interests in, environmental protection. In other cases, a tribal 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, in many instances, a tribal government's facilities may have
unique characteristics that are not fully captured in the Profile. In other cases, a tribal
government may not have each (or any) of the operations described in Chapter 3. In all cases, the
Profile can serve as an effective guide to tribes and EPA personnel to help understand and
address environmental issues.
To produce a manageable document, the 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 Profile.
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1.4 PROVIDING COMMENTS ON THE TRIBAL PROFILE
EPA's Office of Compliance plans to finalize the Profile after receiving comments from tribal
environmental professionals. EPA will make the final Profile available both in hard copy and
electronic format. If you have any comments on the Profile, please send hard copy or computer
disk comments to the EPA Office of Compliance, Sector Notebook Project (2224-A), 1200
Pennsylvania Avenue, NW, Washington, DC 20460. You can also send comments to
binder.ionathan@epa.gov or call 202-564-2516. If you are interested in assisting in the
development of new Notebooks, or if you have recommendations on which sectors should have a
Notebook, please contact the Office of Compliance at 202-564-2310.
1.5 THE TRIBAL PROFILE is ADAPTABLE TO PARTICULAR NEEDS
EPA's Office of Compliance encourages tribal governments and other groups to supplement or
re-package the information contained in the Profile to include more specific information that may
be available. EPA plans to make the information contained in the Profile available online.
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CHAPTER 2. OVERVIEW OF TRIBAL GOVERNMENTS
2.1 TRIBAL GOVERNMENTS - OVERVIEW OF HISTORY AND STRUCTURE
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.
Under this relationship, tribes are considered
domestic dependent nations. 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.
:;Fw. the purposes of the Profile .;,'
The term tribal government means any ;
Indian or Alaska Native tribe, band,
nation, pueblo, village of community that
appears on the list of federally-recognized
tribes published annually by the United
States Department of me mterior. *
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 join together as confederations to govern on one
reservation, 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 one 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;
• 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, and individual tribes also own additional non-trust lands. In the
2000 Census, 4.1 million people identify 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.
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Exhibit 2-1 provides a national map of federally-recognized tribes and each Environmental
Protection Agency (EPA) Region.
Exhibit 2-1. National Map of Federally Recognized Indian Tribes
Indian t*an«ta
The remainder of this chapter offers a broad overview of tribal approaches to providing services,
tribal environmental regulatory programs, 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
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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
noted that even though a tribal government may not actually conduct the operation (e.g., collect
solid waste) when contracting it to 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 (IHS). Examples of such programs include the operation of healthcare facilities for MS
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, arid 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.
hi 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 providers) of choice (e.g., pest control, phone service).
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2.3 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.
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 on
Indian lands, 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.
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-
The Government-to-Government v •
Relationship ' ,'•-/"„ :n~~ - J''•' <•
^r^;^y £,>./..?. ,-• V „,'•%>.:•*•
IttederEPA's 1984//«<#a/t PolieyJSPA :
recognizes tribal governments as
sovereign entities with primary authority
•. and responsibility for the reservatiofi ;
populace. Accordingly, EPA will work
directlyrwith tribal governments as the
independent authority for reservation
affairs, and not as political subdivisions «
of states or other governmental units.
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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 (19811
Under their own inherent tribal authorities, many tribes are developing their own environmental
protection programs and exercising jurisdiction over tribal members and, in some cases, non-
members. There is great variation in the scope and hi 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 each tribe is unique and has a unique history, a specific tribe's environmental
programs may cover some but not all environmental regulatory areas and may include a broad
variety of regulations associated with planning, monitoring, permitting, licensing, compliance
assistance, and enforcement.
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 mineralestates 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
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programs or a substantial role for tribes are:
» Federal Insecticide, Fungicide, and Rodenticide Act;
• Safe Drinking Water Act;
* Comprehensive Environmental Response, Compensation, and Liability Act;
• Clean Water Act; and
• Clean Air Act.
m addition, eligible tribes may apply for approval to run certain federal environmental programs
under two additional statutes:
• Toxic Substances Control Act; and
• Emergency Planning and Community Right-to-Know Act.
To assume regulatory program responsibility and be treated in the same manner similar to that of
a state, tribes must generally 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.
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
in their applications 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 particular 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
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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.
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 mat 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 the federal government directly implements programs on tribal
lands:
• Establishment of Tribal-EPA Environmental Agreements (TEAs) that identify tribal
. priorities and help with budget development;
• Development of Regional and National Environmental Work plans based on TEAs;
• Fine-tuning Regional strategies so that direct implementation is consistent with tribal
priorities; and
Establishment of Direct Implementation Tribal Cooperative Agreements (DITCA)
which allows tribes and eligible intertribal consortia to assist EPA in meeting its
statutory obligations.
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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. The 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
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 coyer 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-Indians who reside on tribal
lands 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, misunderstandings, and
helps prevent consequent delays in operations.
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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 local government
operations. Public involvement tools are designed not only to inform the public, but also to
encourage activism arid involve the public in decision-making processes. Public involvement
also is 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.
Pollution Prevention on the Internet
',.-•-.• •' •'>«•*::;:.- vTKi :-:''• f ":'.;. *.s' '".-'• \ '\ .-'•
www.eDa.Qov/D2offersup-to-date1nformalionabout
pollution prevention practices and source reduction
programs and initiatives administered by EPA and
other organtotions! Additional poilution^revention
!nfomiation8pecifk»ilyfortnl)esl6avaaable;at;
www.tribalD2.org. ;. -'/'Vy* V*,-,!•-;;:/';--': ' • .
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3.1.1 Benefits of Pollution Prevention
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 tribal organizations meet compliance standards;
• Improve practices and procedures to ensure continued compliance;
• Move tribal organizations beyond basic environmental compliance thresholds; and
• Reduce risk of employee exposure to hazardous waste by creating safer working
conditions.
Many of the pollution prevention tips contained in the Profile are cost-effective procedures that
not only save precious environmental resources but also save money.
Economic benefits to practicing pollution prevention include:
• Saving money in production and material costs;
• Reducing solid and hazardous waste disposal costs; and
• Increased regulatory compliance and avoidance of 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 and septic tank programs, purchasing and procurement opportunities,
building construction and operation, and educational activities for tribal members.
3.2 PURCHASING PRACTICES THAT ENCOURAGE REGULATORY COMPLIANCE AND
POLLUTION PREVENTION
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
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Green Purchasing on the internet «c - , Vr:
• .••':. •->*/',•.•,> "•-•-, '•*••*•'< •• * •' • " *" "••-.:- ... • < ••
••$:•'.•'£'•':.•;;*:. ' I.;"' • ••".•?."•"*'', .-..-V •!.:•: v;" ' .• .", .• - '" -.
www.ofe6.oov/Qp/ap:htm provides Information on the
other green puix^asing tools! *"-f;f',\x .L'V 7' .
to product users and the public. By incorporating environmental and health criteria into
purchasing specifications, tribal 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. Please refer to the accompanying tribal government operations in the Profile for
specific wastes generated and pollution prevention opportunities.
Appendix F provides detailed information on products that may be purchased by tribal
governments and includes environmentally preferred alternatives and Internet sites with
additional information. For further information on environmentally-preferable alternatives and
products, consult http://www.epa.gov/opptintT/epp/. 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;
• 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;
• 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;
• 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.
• 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-profit 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 mat 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
Planning
Information
Dissemination to
the Public '
Hazardous
Materials
Response
Fire Response
and Suppression
Photoprocessing
Firing Ranges
IftW
nue
2Q460
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3.3.1 Chemical Emergency Preparedness and Prevention
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.
Preparedness and Prevention on the Internet
•f" .'**)••* 5j < * ".v'f (. """
Go to yosemite.epa.Qov/pswer/ceppoweb.nsf/ *
content/index.html for information about chemical .
.-u_. l-TiiT^r-T-iT-iinwiiiT T i- TI ^ J^L ^, *,*,-* >**t JT ".
emergency preparedness and prevention ^programs'
and Initiatives administered by EPA and other '
organizations. Tribes may wish to review the Giia -'
River Indian Communities emergency planning code
at www.criernicaJsDill.om/tribal.html, 1 ,
EPCRA and the Clean Air Act's (CAA)
chemical accident prevention provisions in
section 112(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.
3.3.1.1 Planning: Tribal Emergency Response Commissions and Other Options
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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 tribal chief executive or body) operates as the TERC and is
responsible for the planning committee's functions.
TERCs can provide training, technical assistance, and information to communities within Indian
country so they know what to do in the event 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 E,
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 not 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, transportation 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 LEPG may be tribal members.
A LEPC-developed contingency plan should include:
• The identity and location of hazardous materials;
• Procedures for an immediate response to a chemical accident;
• Public notification of evacuation or shelter-in-place procedures;
• Industry contact names; and
• Timetables for testing and updating the plan.
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.
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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. 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.
3.3.1.2 Risk Management Program
. 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 subject to such requirements must submit a summary of the program,
known as a risk management plan, to EPA. The RMP includes:
* The facility hazard assessments, including worst-case release and alternative release
scenarios;
* 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;
• 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 Clean Air Act Tribal
Air Rule (40 CFR Part 49) can apply for authorization to administer the RMP program. If the
tribe passes its own chemical safety legislation, the tribe should ensure that its program is at least
as stringent as the federal law in order to strengthen enforcement capabilities.
Risk Management Programs on the Internet
www.nsc.orQ/ehc/rmb htm is a valuable website ,
contstnlng Information on safety, cornpliance! '•"
iand;enfjB^m.ert-lssues^; •'-'; •;\y%'v '•-. • .
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3.3.1.3 Providing Chemical Information to the Public
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. hi
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 subject 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 Superfimd) 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 notification requirement. All oil spills are to be
reported to the National Response Center (NRC) at 1-800-424-8802.
• 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
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EPCRA, specific facilities must estimate and report each year the total amount of toxic
chemicals that they release into the environment, either accidentally or as a result of
routine plant operations, or transport as waste to another location. The annual TRI data
are used, along with the other information the TERCs/LEPC receives, to put together a
more complete picture of the hazardous substances in each district. EPA's TRI
Explorer offers access to TRI data to help tribes and communities identify facilities and
chemical disposal or other release patterns that warrant further study and analysis.
Combined with hazard and exposure information, TRI Explorer can be a valuable tool
for risk identification. TRI Explorer is found at http://www.epa.gov/triexplorer/.
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 neighborhoods.
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.
3.3.2.1 Fire Protection
Pure 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
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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)
3.3.2.2 Emergency Planning
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 or 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.
3.3.2.3 Fire Response and Suppression
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 foams contain solvents
regulated under EPCRA.
3.3.2.4 Emergency Response to
Hazardous Materials Release
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
Emergency Response on the Internet '/; •„' > ,
... v^vlepa.oov/oswer/emerciencies.titrTihas up-to-
d^finformatJon on sudden threats to the public r.;
healjti land the environment arising Irom the release
iredesa ,.
" ' '
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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:
• 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.
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.
Response techniques:
• Mechanical containment and
recovery
• Chemical and biological methods
• Physical Methods
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3.3.3.1 Firing Ranges
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 have a rubber medium that captures bullets and contains them, as well as a filter system that
eliminates 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
ranges is found in "Best Management Practices for Lead at Outdoor Shooting Ranges,"
www.epa.gov.re jrion2/waste/leadshot.
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
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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.
3.3.4.1 Pollution Prevention: Emergency Planning
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;
• 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.
3.3.4.2 Pollution Prevention: Fire Protection and Emergency Response
Pollution prevention opportunities associated with fire prevention and emergency response
include limiting the use and generation of waste. Fire protection services usually involve vehicle
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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 maintenance operations, please refer to Section 3.12.4.
Top Pollution Prevention Opportunities
• 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;
• 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.
3.3.4.3 Pollution Prevention: Police Protection
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;
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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 PROGRAMS
Healthcare on the Internet
EPA's Profile of the Healthcare Industry anti the
Healthcare Environmental Resource Center provide
detaHed cxjrnpllarK» ^d pollutiOT^prevention ;:_.'.
information on ttie heafthcare sector. Tribes may1 •?
also want to obtain Irifoiroattqn from the-Indiani> ^; -
Health Services at www.iHs.QOV. The Healthcare l
Profile is.avaJlable at wwW.HERCenter.bra/links and
the Center is found at www.HERCenter.ora *•.< :'C.
'
Tribes, the federal government (/. e., the
Indian Health Service), and a variety of
public and private parties operate
hospitals and healthcare facilities in
Indian country. 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.
The healthcare industry provides a variety of services to support the healthcare needs of tribal
communities and tribal members. Many healthcare activities also result in the generation of
waste and air or water pollution. Healthcare sector operations can contribute to the presence of
mercury, dioxin, and other persistent, bioaccumulative toxics (PBTs) in the environment.
Hospitals and healthcare operations also generate a wide 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
(HMTWI), underground storage tanks, aboveground storage tanks, boilers, air conditioners, motor
vehicle fleets, and engage hi 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
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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:
• 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;
• 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 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 either 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 "special" waste are RCRA listed or RCRA characteristic wastes, and .
disposal should follow the RCRA hazardous waste requirements.
• 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 (/. e., lead, cadmium, mercury).
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In each case, healthcare providers maybe 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 a copy of EPA's Profile of the Healthcare Industry
and review a variety of Tribal Profile sections, including those on Constraction/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 other 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:
• Volunteering to be a health professional representative, on the LEPC, or offering to
assist the LEPG 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
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;
• If a medical emergency exists in which the chemical identity is needed to aid in
diagnosis or treatment; and
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• 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, the request for a chemical's identity must be accompanied by a
written statement of need and a confidentiality agreement.
3.4.2 Foliation Prevention and Healthcare Programs
Within the healthcare industry, numerous opportunities exist to prevent pollution. By
implementing well-planned pollution 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 www.HERCenter.org provide an understanding of some
of the most common pollution prevention opportunities available to the healthcare industry and
highlight some examples of pollution prevention and waste management 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," which is a
comprehensive resource for understanding the components of an EMS and for
developing an EMS specific to a healthcare facility. The first edition of this document
can be found at www.epa.gov/region02/healthcare.
Purchasing/Product Substitution/Source Reduction opportunities exist in many
functional areas within healthcare. Purchasing products with minimum waste or
minimum toxicity (i.e., environmentally preferable purchasing (EPP) strategy) can
reduce the waste generated at a facility. Websites with resource information for source
reduction include Hospitals for a Healthy Environment (H2E) at www.h2e-online.org
and the Sustainable Hospitals project at www.sustainablehospitals.org. H2E is designed
to help healthcare facilities enhance work place safety, reduce waste and waste disposal
costs and become better environmental stewards and neighbors. 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.
* Process changes are intentional modifications of activities that reduce pollution and
there are abundant opportunities for this in healthcare. Some of the process changes that
have environmental benefits also have other benefits, such as cost containment or
improved service or product quality. Examples of process changes in healthcare include
switching to digital imaging for radiology processing (reduces silver waste outputs) and
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improved waste segregation systems (reduces biohazardous waste outputs, can increase
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.
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.
3.5.1 Forestry
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
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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 website, at http://www.fs.fed.us/.
As an economic incentive to encourage sustainable forest management, tribal forestry operations
might consider certifying their management practices through one of several independent
organizations that at http ://www.fs.fed.us/sustained/links.html. A case study on a tribal
sustainable forest management program is found at httpV/www.fscus.org/news^article^lSS and
information on the Menominee Forest-Based Sustainable Development Tradition is found at
http://www.epa.gov/ecopage/upland/mehominee/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:
http://www.epa.gov/compliance/resources/pufalications/assistance/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.
3.5.2 Gaming
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."
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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 for common
environmental impacts and applicable regulations associated with building construction and
operation.
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 com and
wild rice. The environmental impacts, and relevant regulations, of agricultural operations are the
subject of separate sector notebooks providing resources and other compliance assistance tools.
See http://www.epa.gov/compliance/assistance/sectors/agriculture.html.
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.
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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 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 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 may be harmful to human health and ecosystems and may adversely affect the
suitability of the water for other uses.
t ,
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, clog the
filtering capacity of filter feeders, and clog and harm the gills of fish. Turbidity interferes with
the feeding habits offish. These effects combine to reduce fish and plant populations and
decrease the overall productivity of waters.
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
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and for water quality considerations. High salt concentrations in streams can harm freshwater
aquatic plants just as excess soil salinity damages agricultural crops.
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 for more information on Pesticides.
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
which can help facility owners and operators improve the day-to-day operation and maintenance
of hospitality and food service facilities, including approaches that can save money, improve the
quality of experience for patrons, and ensure the site's sustainability as an attraction and
environmental asset. The toolkit is found at http://www.epa.gov/seahome/hotelsnew.htm1.
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 utilized. In addition, some tribes co-manage fisheries and other
natural resources with states. Tribes also cooperate with federal, state, private, and public parties
to protect, restore, and enhance the productivity and diversity of the ecosystems supporting
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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.
3,5.5J Operational Aspects
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
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 of fish 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, 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. Information on EPA's NPDES program is found at
htQ?://cfpub.epa.gov/npdes/home.cfm?program id=45..
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
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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 aquaculture, 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.
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 abqyeground 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
stonnwater systems. Runoff from fuel management areas generally should be discharged to
treatment units, where fuel and other 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 as tank bottoms.
Detailed information on USTs and ASTs, including the federal regulations applicable and
pollution prevention opportunities is found at Section 3.6.5 and 3.6.6.
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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
reservation land to federal, state, and local land, tribes have also entered into intergovernmental
agreements that allocate responsibility for construction and maintenance.
Construction Information on flte Internet
:.. '*;, '•rr-'S- •','•-!£> -v*" /c "O'v • Y -•>-">'•"
-, Go to www^eDa.aov/oomDliance/a8Sisianc6/
sectors/constaiction.htfnj for up-to-date ,
information on the construction sector. '
Appendix G and H provide information oh \
green building cost savings and successes.
Exhibit 3-2. Construction and Maintenance
CONSTRUCTION AND MAINTENANCE
1
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New
Construction
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Maintenance
and Renovation
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t
Traffic
Management
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New
Construction
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Maintenance
and Repair
Renovation
and Demolition
3.6.1 General Issues and Activities
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) 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
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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:
• Stormwater permits; .
• Dredge and fill wetlands (CWA Section 404) permit requirements;
• Oil spill prevention requirements;
• Hazardous and non-hazardous solid waste requirements;
• Hazardous substances (Superfund liability) requirements;
• Polychlorinated Biphenyl (PCB) waste requirements;
• Air quality requirements;
• Asbestos requirements;
• Endangered Species Act (ESA) requirements.
When planning and designing a construction project, tribe 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. Comprehensive information about EMSs is found at
http://www.epa.gov/ems/index.htm and about green design is found at
http://www.epa.gov/greenbuilding, http://homes-across-america.org/. and http://www.usgbc.orE/
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 develop 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.
3.6.1.1 Land Use Planning and Zoning
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.
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NEPA on the tntemet *^.,: -.—*' • .;-'V:;'_.•_..
www:6pa.aov/ComDllance/neDa/index.htmlhas
information on NEPA, including definitions,
Information on impact statements^ and details
on how the EPA complies with NEPA, ' :
' . ' ' ~^ ' s • .. . l'*:,' • '!'. ».•'.-. . *•?....*& i/:.. ...* . =" "*"• .
Land use planning and zoning activities do not themselves create environmental effects. Rather,
it is the results of these activities - the actual land use - which 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 construction of a
new parking lot) or make adjustments to ensure adequate protections are in place.
3.6.1.2 National Environmental Planning Act Process and Inter-governmental Coordination
Tribal governments may also directly
coordinate .their efforts with EPA and other
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).
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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
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.
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
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• 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 on 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
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:
http://cffaub.epa, gov/nDdes/stormwater/enoi.crm
Building and Construction Information on:,
the Internet • ;. .,•; '._ •> ^l':.-.^-,; /_,•
Go to the Construction Industry Compliance
Assistance Center at www.cicacenter.org for;-;
plain language explanations of environmental
rules forthe construction industry. ;j:j >:^
3.6.3 Buildings and Construction
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:
• New construction - CWA, ESA, Rivers and Harbors Act, CAA, and NEPA
• Maintenance and repair - CWA, RCRA, CAA, EPCRA, CERCLA, TSCA, FIFRA, and
the Safe Drinking Water Act (SDWA)
• Renovation and demolition-RCRA, CAA, and TSCA
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See, Appendix G for information on the Economic Benefits of Building Green and Appendix H
for Pollution Prevention Success, Stories.
3.6.3.1 New Construction
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:
• 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.
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
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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 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.
Endangered species are plants and .--.'
animals that, without special protection and
^management, ate In danger of becoming ;!
extinct. Threatened species are likely to
become endangered in the foreseeable
future. Additional information on ; :
endangered species Is available from the
;O.Sv Fish and Wildlife Service at r'f'
www.fws.aov/endanQered. >', , j >•>, •
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 (Le.+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.
3.6.3,2 Operations, Maintenance and Repair
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.
cornprehensiye source of infbrmafon on the EPA's
Lead Awareness F^ ;
" '
Indoor Air Quality-Lead Point. The use of
lead-based paint was banned in 1978;
however, lead-based paint is still found 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 settle on room surfaces. Since dust is continually released, damp
mopping and dusting can help reduce dust accumulate and facilitate removal. Doors, windows,
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stairs, and other surfaces with lead-based paint that chip create more obvious problems.
Vacuuming an area can remove lead-based paint chips. 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, door mats
should be provided to wipe the dust 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.
hi 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 or 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 (1-800-424-
LEAD/5323) and at http://www.epa.gov/leaaVrrpamph.pdf.
Radon information on the Internet Yt ;,
EPA provides a guidebook entitied, A ,
'Sittetf^O^to^^ '?
www.eDa-Q6v/laq/radon/pubs/citQiiide.Htmi.
Itc»ntains information on testing, effects,
and links to more sources. . : V*' ;''
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 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.
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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.
Batter 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 Countenneasures (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
requires the development of emergency plans and reporting based on the quantity of chemicals
stored. See Section 3.10.3.1.
Disposal of residuals, such as coal ash, may be regulated under RCRA, depending on the metals
or other toxics contained in the ash. Air emissions from the boiler may be regulated under the
CAA, which requires 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
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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 112(r).
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, local
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 and
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,
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.
3.6.3.3 Renovation and Demolition
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.
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Asbestos Information
•• "
Go to ttve ERA'S asbestra sfte for rnofe
Snft^atiortandlinks to other
' it www.epa.QOv/asbeistds. ;
Asbestos, 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,
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, hi 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.
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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 (1-800-424-LEAD/5323). Tribal governments should contact
EPA to discuss how to dispose of lead wastes, such as painted wallboard, doors and door frames,
windows, and similar materials.
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. 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 Information on the Internet
Go tp;the ConstructionIndustry Compliance Assistance Center
'.of1"
environmental rules for the omstmcUcfi Indus^. InformaWon on ,
RCRA and construction, demolition, renovation and the solid!
and hazardous waste regulations that may apply can be found at
www.eDalQOv/epaoswBr/hazwaste/idAnfocus/rif-c&d.Ddf. '•;....
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.
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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;
• Non-asbestos insulation; and
• Wood, sawdust, brush, trees,
stumps, earth, fill, and rock and
granular materials.
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:
• Waste paints, varnish, solvents, sealers, thinners, resins, roofing cement, adhesives,
machinery lubricants, and caulk;
• Drums and containers that once contained the
items listed above;
• 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;
* Products containing mercury; and
• 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
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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 (see www.epa.gov/sw-846/sw846.htm for more
information.) 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:
- 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 40 CFR Parts 260 to 279, or visit
www.epa.gov/epaoswer/hazwaste/sqg/cesqg.htni.
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:
• 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
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• Traffic maintenance and roads - CAA and C WA, including the general nonpoint
stormwater 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.
3.6.4.1 New Construction
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.
3.6.4.2 Maintenance and Renovation
Maintenance and renovation of roads, 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 stormwater runoff and 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
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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
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.
3,6.4.3 Traffic Management
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 BIA
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.
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FHWA's Transportation Planning Procedures and Guidelines provide guidance for tribes to use
when addressing transportation issues rwww.fliwa.dot.gov/fih/reports/indian/intro.htmftoc'). The
document, rather than utilizing predetermined criteria that may not be applicable to tribal needs,
provides a basis for developing goals and strategies that will ultimately lead to good
decisionmaking. This document defines procedures and provides guidelines to be used by the
FHWA, BIA, and Indian Tribal Governments for Indian Reservation Roads (IRR) transportation
planning. It details procedures to meet 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 IRR Program Stewardship Plan.
3.6.5 Underground Storage Tanks
Underground Storage
;Formatwl|tI on U$Ts, go to
www.epa.gov/swerust1/indexihtm.
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.
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 from 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.
Subtitle I 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 ,
• Properly close all USTs by notifying EPA at least 30 days before closure, conducting
any necessary site assessment and 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).
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In addition, tribal governments with USTs must demonstrate they are financially capable of
cleaning up releases and compensating third parties for resulting damages,
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, bunkered, or in a subterranean vault. Most ASTs need to meet EPA's SPCC
requirements (40 CFR Part 112). SPCC applies to facilities with a single AST with a storage
capacity greater than 660 gallons, or multiple tanks with a combined capacity greater than 1,320
gallons. SPCC requires procedural and contingency plans and includes various technical
requirements, such as corrosion protection.
Tribes with ASTs should keep in mind mat ASTs can increase the risk of fire and hazards •
resulting from damage caused by vehicles or vandals. As a result, AST owners should install
AST systems that have adequate safeguards against fire, overfills, and damage. Tribes may seek
to regulate AST through some mix of construction, installation, operation and maintenance
requirements that are intended to prevent fires and other hazards that stem from mismanaged or
substandard ASTs.
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3.6.7 Outdoor Recreation Facilities (including Stadiums and Golf Courses)
Tribal governments construct and 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:
New construction - CWA, RCRA, ES A, Rivers and Harbors
Act, CAA, NEPA, and NAGPRA, NHPA, MMPA, and the
MBTA among other statutes;
• Maintenance and renovation - CWA, RCRA, EPCRA,
CERCLA, CAA, TSCA, and FIFRA.
3.6.7.1 New Construction
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
clearing and grading land, landscaping, and building the structure. Section 3.6.4.1 describes
these impacts and the associated regulations.
1 *
3.6.7.2 Facility Maintenance and Renovation
•^
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
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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 FIFRA. Section 3.9.9.6 provides additional information on regulations
concerning the application of biosolids while Section 3.10 provides additional information on
pesticides and fertilizers. ' ,
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
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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 requires 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 under 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 maybe 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 maybe regulated under the CAA, EPCRA and CERCLA.
Maintaining Swimming Pools. 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 SOW A.
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
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:
Construction industry Compliance Assistance
Center '••: "'•,. '£-.'„."' '• ".-:~ ''-• V -. '•:•'•''. "#;;.-' " -
T;" rV-:.". "*V' ..'- :'.„'.„,:' -•.r.Y -.'"v'Ov '"'.'
: Go to www.cica.bmto find material on pollution ,
prevention in construction and maintenance. ,,- '•>.
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• Pre-construction;
* Construction; and
» Maintenance and repair. .
3.6.9.1 Typical Wastes Generated
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
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.
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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, websites and informational
packets, represent another method for encouraging greater
participation in C&D material recovery programs.
3.6.9.2 Top Pollution Prevention Opportunities
• 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 deconstniction, 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 runnels,
and install occupancy sensors to control lighting fixtures.
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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
1 f
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.
3.7 WATER RESOURCES MANAGEMENT
Water Resources In formation on the Internet
• y >:•?. '• „; '•,.,. -f: '"• '• • •• ••• - ^ - .], '•• >.?.•• • •: L;-y/:;- ''"-
60 to Aftfwvv.6pa.Qov/OW/lndex.html to find - - 4~
material on EPA'svratef quality activities and
specific envirdruTientatinformation about ..:;,
vratereheds through out the United States/i,'
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 traditional cultural practices and ceremonies.
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 serve 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 hi 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
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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.
3.7.1 Surface Water Protection
Surface Water Protection ., \ , '
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3.7.1.1 Water Quality Standards ,
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 ^ wvwWqqy^ i
,., , , .formaterial on water quality standards; Vtew "Our
1313(c)), while the current regulation Water oanFuture: SavingiOurirribal^lfe I "" * "
implementing this section of the CWA is at Together,^ Video on trie efforts of tfieftebjaof,
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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.
Water quality standards consist of three components:
• 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 for administering 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
http://www.epa.gov/waterscience/tribes/. The EPA's Standards and Criteria website provides
information on the development of sound, scientifically defensible standards, criteria, advisories,
limitations and standards guidelines under the CWA and other programs.
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Water Qualify Information on the -'
Internet '.;•',, _"'....:";:~::|V>:\-
, i,;,1; " "•• -,/>'";" •''•i?:'irs_
Go to www.epa.gov/owow/inonitorinp to.
find material on EPA's water quality and
monitoring activities. •'/>". " /:v c*;
1 ~
3.7.1.2 Water Quality Monitoring
Ambient monitoring means observing or measuring
selected features of an aquatic 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 changes 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.
There are several ways 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, water color, and the condition
of stream banks and lake shores, are also important. Biological measurements of the abundance
and variety of aquatic plant and animal life, and the ability of test organisms to survive in sample
water, are also widely used.
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. Computerized data systems are used to analyze whether
waters meet water quality standards. Computerization also facilitates data management and the
sharing of water quality data, 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
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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. For
Section 106 grants, EPA provides 95% of the funding for the program award, with a 5% tribal
match to support the total award cost. 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 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:
• 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 7.3.3. 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
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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
TMDL Information on the Internet
Go to www.epa.QOv/owow/tmdl to
find material on TMDLs. "'•:.:'-• :
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
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:
• 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.
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3.7.4 Implementation of Watershed (Surface Water) Protection Programs
Internet
Go to www.eDa:(Mv/owow/wateTsheds y
, to find material cm EPA's watershed
protection Issues.
*•.-.> ,.*^ ~ i « . >. .
Protection and restoration of surface water quality
involves a combination of activities, including the
permitting of wastewater treatment, industrial, and
commercial facilities that discharge into surface
waters, and wet weather discharge from sewer
systems, implementation of best management
practices, financial assistance or cost-sharing programs, education, pollution prevention, and the
develppment of tribal laws and regulations as needed.
The CWA requires that any point source discharger into surface waters obtain ah NPDES permit,
including any facility discharging into waters in Indian country. As discussed in Chapter 3.9,
publically 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, the
stormwater that runs off from the property of 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
public participation provisions of the NPDES regulations (40 CFR Part 122). The public
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 unpermitted. 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 attention in order to stop the discharge, or to
force the polluting facility-to obtain a discharge permit and undergo a public comment period.
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3.7.4.1. Best Management Practices
Best Management Practices (BMPs) may be structural (e.g., stormwater detention/retention
ponds) or nonstructural (e.g., street sweeping) and may include 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. BMP structures, 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, while 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 rain water and helps to protect
the surface water for its intended use. Some structural BMPs that rely on stormwater 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. While some
tribes may sweep their streets to improve community aesthetics, street sweeping is also an
effective tool in protecting water resources. Contaminants typically found on streets including
the following:
• Particulates from local soil erosion;
• Nitrogen and phosphorus from local plants and soils;
• Phenolic compounds from wear of asphalt street surfaces;
• Grease, petroleum, n-paraffin, and lead from vehicle leaks and spills;
* Lead, zinc, and asbestos from tire wear;
V Asbestos, lead, chromium, copper, and nickel from clutch and break lining wear; and
• Chlorides from de-icing compounds.
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.
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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
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. EPA further provides financial support to tribes meeting
certain criteria for the development of a surface water protection program targeted at conn-oiling
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.
Dumping, litter, or inappropriate use of reservoirs can also be limited through indirect means,
such as providing limited access roads or trails in the vicinity of the reservoir. While not
preventing contamination, limiting access roads and trails can prevent large-scale dumping,
limiting pollution to litter or human waste. Such efforts allow hiking and bicycling opportunities
for residents, and enhance the protection of cultural resources and hunting, fishing, and gathering
sites.
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O/w/ii^^ /hfomiaton on the v ?
Internet '' '"='-\ '.••' ''i';';: "V;V;'' -I'-''-' • '•
EPA's sitewww.epa.gov/safewater/protect
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grwndwater iand sourcewater protection .
to prevent drinking water contamination, ./
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
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,
• 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:
• 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 regional planning bodies or water commissions to ensure
their views are incorporated into regional/watershed decisionmaking.
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3.7.6.1 Elements of a Source Water Protection Plan
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 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 maybe made for projects "which the 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. 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. By limiting the creation of new subdivisions, tribal governments can limit the
number of potential sources of contamination. 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. Fpr 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. 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
then1 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 11.5.
Groundwater Monitoring. As part of wellhead protection programs, tribal governments may
monitor the groundwater within and leading to a drinking water 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
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
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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.
3.7.6.2 Underground Injection Control
Underground
j . s,^r,~ , ,.u. , .
Control Information *
:-•*-!
www.eDa.Qov/owoiw/safewater/uic/c5imD.html
The UIC program works with states, 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
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 faformatonohthe Internet
Go to www.epa.gbv/owow/wettands to ;
Jftid material on EP A's weMands: ;' s" J
•oregrarn..j; .;•:'' -'•'- :\. f.-:« ; >f-:^---;^^^
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
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 mat
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
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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 and institute specific
wetland regulations or amend their environmental laws and regulations to include wetland and
other water quality issues.
3.7.8 Watershed Protection Management
Online Training In Watershed ,
Management :';<•••-'f-v";/-i; "^i^,;
Go to wwW:epa.QQv/watertratn to find EPA's
watershed management training courses.
A watershed protection approach is a strategy for
effectively protecting and restoring aquatic
ecosystems and protecting human health. This
strategy recognizes watersheds as physically
defined units that are functionally distinct;
accordingly, a watershed-based approach assumes that many water quality and ecosystem
problems are best solved 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;
• 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, tribal water resource managers may adopt
a comprehensive approach that considers all threats to a watershed. A watershed can be large or
small. 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. In addition, the issues of cultural values and sacred sites are
important to tribal watershed management.
Watershed protection approaches by tribes can support and facilitate many of the management
activities likely to be taken by watershed teams outside of Indian country. Tribes may also want
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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);
• 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 Education and Outreach
Concerted efforts to inform tribal and non-tribal members of how their day-to-day activities
impact watersheds is vital to protecting water resources. Educating the public can help raise
awareness of the value of these resources, the threats to natural resources, and how to take
protective action.
Tribal governments can promote the integration of environmental curricula into classroom
activities in schools. Tribes can also recommend steps tribal members can take to reduce
pollution from simple household activities. Tribes may sponsor hazardous waste collection days
where chemicals can be dropped at various locations around the reservation. Tribes can also
work with their members to develop volunteer networks for water monitoring programs,
recycling, and information dissemination. Tribes can use the media or community meetings to
promote these activities and involve many members in pollution prevention.
3.7.10 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 in some locales, while other areas may
enjoy an abundance of source water. But in all cases, there is a need to protect water resources
and manage them wisely.
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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
• 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.
3.7.10.1 Typical Wastes Generated or Losses Contributing to Pollution
Overall (affecting surface and groundwater)
• Releases into stormwater sewer systems of hazardous substances such as used oil or
household or yard chemicals;
• 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;
• Lack of education, awareness, and participation (public and private sector) in water
protection and conservation activities; and
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• Combined sewer overflows discharging excess wastewater, including untreated human
and industrial waste, toxic materials, and debris.
Additional Surface Water
• Lack of residential and commercial development stormwater management controls.
• Flood control projects that impair water quality.
• Soil runoff from construction and other sites.
3.7.10,2 Top Pollution Prevention Opportunities - Outreach & Promotion
Surface and Groundwater
• Develop local stormwater management and pollution prevention programs;
• Develop source water (groundwater) protection programs. See EPA's Source Water
Assessment and Protection Program at http://www.epa.gov/safewater/protect.html.
• Develop household hazardous waste collection initiatives;
• 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;
* 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 (/.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 Surface Water
• Develop local surface water protection programs;
* Use local plants and establish sustainable water collection systems;
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• Develop erosion and sediment control programs; and
• Set protective discharge limits for stoimwater controls.
3.7.10.3 Top Pollution Prevention Opportunities - Internal Tribal Government Operations
Overall (surface and gronndwater)
• Conduct leak detection programs.
• Perform plumbing fixture retrofits.
• 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.
• Integrate water conservation into new facility design.
* Set protective limits to reduce of internal discharges to wastewater treatment plants.
* 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's which provides support to reduce the need for
wastewater treatment facilities, helps maintain stream flows and health aquatic habitats,
and reduce the energy used to pump and treat water, www.epa. gov/owm/water-
efficiencv.
• Increase pervious surface areas by integrating low impact development techniques.
Additional Surface Water
• Reconstruct or upgrade wastewater treatment plants.
• Investigate wetland mitigation banking opportunities.
• Set protective internal discharge limits for stormwater controls.
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.- , ,.-:--•-» ,.,-
Go to www.eDa.Qov/safewaterrtribal.htn1l to
.find materiaj on EPA's tribal drinWng water
3.8 WATER SUPPLY
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 .
connections, or regularly serves an average of
25 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 SDW A regulations are intended to
protect the quality of source water and to
ensure treated drinking water remains safe
until it is delivered to consumers.
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.
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.
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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
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
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partMaa. Til* oomMmdwaMm of Via
mmrf Bnaugh tt»*nk to ttM baanni
I
1
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3.8.1 Water Treatment
The amount and type of treatment applied by a PWS varies with the source water type and
quality. Drinking water can come from either surface water or groundwater sources. Water
pumped from wells drilled into underground aquifers - geological formations containing water -
is called groundwater. Many, but not all, groundwater systems can satisfy all federal drinking
water requirements without applying any treatment. Water that is 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.
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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.
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 (CAA 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 drinking 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-
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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 back pressure 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 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:
• The cost of labor (including training of operators);
• Energy costs;
• The cost of rehabilitating or replacing
equipment;
• Chemicals costs;
• The cost of waste disposal;
• Safety and security costs; and
• Other miscellaneous costs like insurance
and taxes.
• ••• .. ..•:...••
PWS Information on the Internet
Gotowww.epa.Qov/earth1r6/6en/w/ , ;;
sdwapws.htm for more Information on
PWSs and a contact list for EPA's PWS
'
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:
* Monitoring equipment calibration;
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* 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
• Safety (confined space measures, lockout/tagout procedures, oxygen deficiency hazard
measures).
The above list is 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 more 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 waterbome disease;
• Provide an opportunity to educate system operators; and
• Identify systems needing technical or capacity development assistance.
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
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procedures such as confined space, trench shoring (for excavations), and lock-out/tag-out should
always be used. Other regulations may also apply.
; t
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 tools, training, and technical assistance pertaining to water system
security and emergency response.
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 maybe 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;
• 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.
MCL In formation on th* Internet
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
www.epa.qov/owow/safewater/standard8;html $
drinking water standards and MCLs -jl .^
"•• •' '« ••• -- ' *'• -' -'' -
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immediately, the notification must be made within 24 hours. For more information, go to
http://www.epa.gov/OGWDW/pws/pn/rulefact.html.
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 http://www.epa.gov/OGWDW/ccrl .html.
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.
3.9 WASTEWATER MANAGEMENT
Wastewater Information on the Internet .
Go to vww.eDa.qov/ovrowAyetlands to find ,
material on EPA's discrete conveyance (point
sources) programSi including pipes, ditches,. V
and sanitary or storm sewers. Visit EPA's ".<
-Clean Water, Indian Program page at •"•} ; v V
www.epa.aov/owm/mab/indian/index.htm.
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, m 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):
• Separate sewer systems that 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.
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.
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EPA u^ a br to
'™J''
;Of*:
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 P'OTW 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 presents
common wastewater management operations.
Exhibit 3-4. Wastewater Management
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tribe of an :aiJth^^
la designatedPanel ^prove^=martai|Brn^ ageni^-
under Section 208 of trie CWA. ; .' riM ; V" ^
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3.9.1. Operation and Maintenance of Sewer Systems
A tribal government may be responsible for operating and maintaining three types of conveyance
systems - separate sanitary sewer systems, combined sewer systems, and 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.
3.9.1.1 Sanitary Sewer Systems
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
occur through cracks and improperly sealed pipe
joints. Overall, this "infiltration and inflow" (M)
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 and creeks, and wash up onto
beaches. To ensure maximum system capacity and to
prevent these "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.
What part of the sanitary sewer ' .
system is most likely to leak? r.,,. •
Sanitary sewer capacity is reduced by
groundwater seepage through leaky
pipes and stpOT^ter,;flc^!l|li«raugh '
leaky and missing manhole covers and
domestic and Industrial roof drains.
While much of tte leakage occurs in
main trunk sewers, more than 50
percent of groundwater seepage in
certain ;areas may come^frbm holes In
pipes on private property ;;
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Tribal governments that operate POTWs are required to report all overflows and 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 may subject the
tribal government to enforcement action by EPA or the tribal regulatory authority.
3,9.1.2 Combined Sewer Systems
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 material on CSOs is found at
http://croub.epa.gov/npdes/home.cfm7Drograni id=5 ~ Mail rade^MT ' ^
1200 Pennsylvania Avenue NW
3.9.1.3 Municipal Separate Storm Sewer Systems Was °n, DC 20460
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
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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 IMS4 individual permit.
Tribal governments responsible for operating and maintaining MS4s submit permit applications
to EPA. EPA information on MS4s is found at
http://cfbub.epa. gov/npdes/stormwater/munic.cfhi.
3.9.1.4 Sewer Line Repair/Replacement
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, 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 that may occur as a result of the need to bypass 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
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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;
• 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:
• Wastewater treatment process - CWA;
• NPDES permit compliance - CW A;
• Wastewater treatment plant effluent injection - SDWA;
• Laboratory operations - CWA and RCRA;
• Pretreatment program - CWA; «
• Biosolids management and disposal - CWA, RCRA, and CAA; and
• Chemical storage/hazardous materials management - EPCRA, CERCLA, and CAA
3.9.2.1 Wastewater Treatment Process
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,
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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.
3.9.2.2 NPDES Permit Compliance
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.
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.
NPDES permits, issued by EPA or an authorized tribal government, establish effluent limits,
including type and 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 NP^ES 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 biochemical oxygen demand (BOD), pH,
fecal coliform, residual chlorine, and suspended solids. An NPDES permit may include other
parameters, such as bioassay toxicity tests and metals.
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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. ,
3.9.2.3 Waste Water Treatment Plant Effluent Injection ,
Some tribal facilities such as casinos, housing clusters, schools and other public buildings, day
care centers, gymnasiums, and shopping areas rely on on-site waste water treatment systems and
large capacity septic systems to treat wastewater. On-site wastewater treatment plants and large
capacity septic systems that dispose of effluent through subsurface fluid distribution systems are
subject to UIC regulations if they treat wastes generated by 20 or more people per day. Tribes
can work with EPA regional UIC representatives to protect their underground sources of drinking
water and ensure compliance with federal UIC requirements. See A
3.9.2.4 Laboratory Operations
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.
3.9.2.5 Pretreatment Program
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
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system. Information on pretreatment programs is available at
http://cipub.epa.gov/npdes/home.cmi7program id=3.
3.9.2.6 Biosolids Management and Disposal
Some tribal governments are responsible for managing and
disposing of sewage sludge (i.e., biosolids). Biosolids are a
primary organic solid product produced by wastewater
treatment processes mat can be beneficially recycled (the
fact that 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 condition the soil or fertilize crops or other vegetation grown in the
soil;
• Placed on a surface disposal site for final disposal; or
• Fired in a biosolids incinerator.
What are blosotids? -.'-,.
Biosolids (or sewage sludge)
are defined as solid^sefflksolid,
or liquid residue generated ': ~.
during the treatment of domestic
sewage In treatment works.
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.
3.9.2.7 Chemical Storage/Hazardous Materials Management
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
maybe 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.
Appendices A and B of 40 CFR
Pan 355 list EPCRA EHSs end
40 CFR Part 302 Hsts CERCLA
hazardous substances. '"'.
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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 are found in section 3.7.4.1.
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 threats to public health due to contaminated
food, drinking water supplies, and recreational waterways.
Under the CWA, the NPDES Stormwater Program is a comprehensive two-phased national
program for addressing the non-agricultural sources of stormwater discharges which adversely
affect the quality of out 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."
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3.9.4 Other Operations That May 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 ofFJLFRA, EPCRA, or Section
112(r) of the CAA. See Section 3.10 for more information on pesticide 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.
3.9.5J Typical Wastes Generated
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
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 waste
water. 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.
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3.9.5.2 Pollution Prevention Opportunities In Wastewater Management
Keep harmful chemicals out of the sewer lines and protect line workers, the plant, and the
public's investment. Work closely with assistance programs, such as 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.
* Design, implement, and evaluate sewage acceptance procedures, including provisions
for spill prevention, discharge limitations, hauler performance guarantee, and
enforcement or permit revocation.
• 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.
• 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. http://www.eere.energv.gov/buildings/program_areas/index.html.
• 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.
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 - FEFRA, CWA and ESA;
Storage - FIFRA, EPCRA, CERCLA, and CAA;
Disposal - FIFRA, CWA, and RCRA;
Spill/Release Response - EPCRA, CERCLA, and CAA;
Exhibit 3-5. Pesticide Management
Pesticide Informationon[theinternet Y.,•„,. ,
Go to wwW.epa.ggy/pe8ticides to find material on •• .
EPA's pesfidde program, Trib« should also go to '
dtec^te conveyance (point sources) programs,
ir^udlnaP^» d^
eewere,,Tribes^i^ou^^v^ltfl?^ Tribal ..
Pesticide Proararh;'at Vi^IeiMld^/blpeadl/tribes:
and the National ^ricuKure Compliance Assistance
Center at wwvv^eDa.obv/ agriculture, ff?
PESTIdOE MANAGEMENT
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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 maybe 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.
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The hundreds of application methods available can be categorized into three major types:
• 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
• 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.
3.10.2.1 Applying Pesticides Indoors "
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;
• Institutions (e.g., schools, hospitals, offices, warehouses, public buildings); and
• 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 animals, and plants.
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3.10.2.2 Applying Pesticides Outdoors
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;
• ' Eradication of noxious weeds, mosquitos, other aquatic pests, and invasive species;
• Maintenance of irrigation canals; and
• 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 ES A.
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 F1FRA. FTJFRA 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.
For more information on
^
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3.10.2,3 Cleaning Application Equipment
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 to:
4
• Read and follow any 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
• 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 of 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.
3.10.2.4 Certifying Applicators
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
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certified under Section 11 of FBFRA. Applicators who use restricted use pesticides must be
certified to use pesticides by demonstrating competency in specified areas:
• Label and labeling comprehension;
• Safety techniques;
• Environmental awareness;
• Pest identification; .
• Pesticide application;
• Equipment use;
* Application techniques; and
• Laws and regulations.
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).
3.10.2.5 Keeping Records
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 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. FBFRA 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.
Storage sites should be in a dry, well ventilated, separate area where fire protection is provided.
Identification signs should be posted to provide notice of the contents and hazardous nature of
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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 maybe large
and have immediate, serious, and detrimental effects on the surrounding environment.
Because pesticides can cause adverse effects on the environment, they should be stored only in
facilities where special safeguards are in effect. 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 maybe subject to the planning and reporting
requirements of EPCRA and Section 112(r) of the CAA. These requirements are described
below.
3,10.3.1 Risk Management Planning (CAA Section 112(r))
At present, EPA has established a list of 140 : ,
regulated Substances that fall under the Risk •>, ;7
Management Rannhg regulations of Bie CAA 3
These substances were published in the Federa/
ffeff/steron January 31,1994; EPA amended the :
list by rule, published on December 18,1997. EPA
may farther amend frie list in trie future as needed,
;*': , • , ,. .. • .• . 1!."t. * . i ' .'"• • '• : " • '. • *
Under Section 112(r) of the CAA, facilities
that have more than a threshold quantity of
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 website at
'www.epa.gov/ebtpages/enviri5kmanagement.html. See Section 3.3.1 Chemical Emergency
Preparedness and Prevention for additional information,
3.10.3.2 Notification of a Canceled or Suspended Pesticide
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, hi such situations, EPA will request that
all entities having supplies of that pesticide notify the Agency. If a tribal government has any
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canceled or suspended pesticides, it must notify the EPA of the amount. EPA will respond with
specific directions concerning handling of the pesticide.
3.10.4 Worker Protection
Work Protection Standards '
. -* r\'
For material on EPA's WPS, go to %""'•., k
httDJ/www.eDa.odv/Desticides/health/workerhtm.
WPS training Information is available at ; '..
htto.www.eDa.Qov/oDDfead1J8afetv/worksArainiha.htm.
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:
U.S EPA Headquarters Library
,on Mail code 34Q4T
14XJ Pennsylvania Avenue NW
Washington, DC 20460
onf^66-0556
Pesticide safety training;
Notification of pesticide applications;
Use of personal protective equipment;
Restricted entry intervals following pesticide application;
Decontamination supplies; and
Emergency medical assistance.
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 and 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.
3.10.5 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
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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.
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
• 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 3.10.5.2 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 the 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, hi these
cases, pesticides should be used properly and safely.
3.10.6.1 Typical Wastes Generated
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;
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• Excess mixture (i.e., the diluted pesticide left over in the spray tank). The best disposal
method is to use it on a site;
• 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
• 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..
3.10.6.2 Top Pollution Prevention Opportunities
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
• 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.
• 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.
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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.
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 traps.
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 services 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
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Go to www:epa.aov/epaoswBr/nDn-hwftribal/inaBx.htm
for information about EPA's tribal i
Tribal governments may engage in solid
waste management within their
jurisdiction. Some tribes conduct waste
management operations (eg., waste
collection and disposal) directly. Other tribes contract 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, CW A, and CAA.
Exhibit 3-6. Solid Waste Management
SOLID WASTE MANAGEMENT
i
Vehicle
Maintenance
i
r
Transfer Stations
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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);
• Recycling; and
• Disposal.
Integrated solid waste management programs typically begin with waste audits - an assessment
of the tribal waste stream.
3.11.1.1 Waste Audits
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:
• Describing current purchases, use and disposal requirements and methods;
• 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
(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.
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3.11.1.2 Waste Reduction
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; and
http://www.epa.gov/epaoswer/non-hw/payt/intro.htm.
• Provide a location for reuse (extra lumber, leftover paint, toys, windows).
Paper Products.
• 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;
Request used pallets;
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• Install refiUable shampoo and soap dispensers;
• Recycle bingo cards or purchase reusable ones;
• Use recycled plastic for benches, signs, and other fixtures;
• 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).
3.11.2.1 Collection
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 &>
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.
RCRA defines solid waste as any garbage
or refuse; sludge from a wastewater ,
freafrnent 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
mufiicjpal -solid: waste,- which includes
paper and paperboard, yard waste, wood,
metal, glass; food waste, plastics, rubber,
leather, textiles, household hazardous'•
waste, arid;rniscellaneous inorganic
" " ' * ' ' ' "" "
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3,11.2.2 Storage/Operation of Transfer Stations
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.
3.11.3 Recycling and Composting
Municipal Solid Waste Recycling
visit EPA'sR^ource Conservation Challenge at
wvw.epa.gov/eDaosw^
m3w.htm.cica.6rQ to find m^
prevention In construction and maintenance.
3.11.3.1 Recycling
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.
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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:
j
• Determining the possible uses of the end product;
• Identifying potential markets;
• 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 men 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, paniculate 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
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.
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3.11.3.2 Composting
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 70 percent of the municipal solid waste stream
that is organic material (i.e., food waste/scraps, yard and lawn clippings). See
www.epa.gov/msw/compost.htm.
Three primary activities are associated with composting:
• Collecting/receiving wastes for composting;
• Processing the wastes (e.g., decomposition); and
• 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 ^ Tr-"~ ;'".""•" *"
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 landscapes,
nurseries, and homes both on and off the reservation.
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 may 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
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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 Landfilling and Waste Combustion
3.11.4.1 Disposal v
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.
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.
3.11.4,2 Landfill Operation
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
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jurisdictions. Visit www.epa. gov/epaoswer/non-hw/muncpl/disposal. 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
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
NESHAPs 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 performance 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.
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Tribal governments must monitor groundwater in close proximity to a tribaliy-run landfill and
employ a system of pipes that collect methane gas generated as a byproduct of decomposition.
Methane is a significant greenhouse gas. Facilities that generate sufficient quantities of methane
can recover the landfill gas for use as an energy source and, in doing so, reduce greenhouse gas
emissions (as methane is burned to produce energy, it is converted to carbon dioxide, which has a
much smaller global warming potential per unit). Stormwater runoff associated with landfills
may be regulated under the CWA stormwater provisions.
3.11.4.3 Municipal Waste Combustion - Specifically Designed Combustion Facilities
t
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 facility and residual ash should be disposed in landfills which may be a
hazardous waste landfill depending upon the composition of the ash.
When choosing to use municipal combustion, tribal governments can either 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, 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
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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.
3,11.4.4 Municipal Waste Combustion - Backyard Burning
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. Visit
www.epa.gov/msw/backvard/.
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
domestic meat and dairy animals. These pollutants also
accumulate in the fats of animals, and then in tribal members
when meat, fish, and dairy products are consumed, hi 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.
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Tribes can regulate tribal member backyard binning 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.
.j
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 (eg., solvents), or disposed of properly at
hazardous waste facilities.
Common Household Hazardous
Ofhbased paint and varnish. paint and
varnish remover, pesticides, -f '"
insecticides; herbicides, motor oil, /
brake fluid, fuels, antifreeze, oven •.".
cleaners^ drain deaners, bleach. . ~ '
solvents, pool chemirais. mothballs, ^
<{ye,nali polish, photo c^emlcais.'toilet
deaners, fertfli2er,melal polish, floor ; ,-
deanens.wowJsWpjjers, muriatic add,
creosote, sealants, and both , '•••<•* -.
household arid automotive batteries * :
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
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,
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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
s
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;
* 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.
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;
• Waste analysis, handling and recordkeeping;
• Technical standards for tanks, containers, impoundments, and other units;
• Financial assurance;
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• Groundwater monitoring; and
• Closure.
TSD facilities are designed to protect soil, groundwater, and air resources by establishing
minimum management standards and precautions.
3.11.8 Other Operations That May 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 vectors.
Activities related to pesticide use and storage may be regulated under the provisions of FEFRA,
EPCRA, or CAA Section 112(r). Section 3.10 provides information on pesticide management.
3.11.9 Pollution Prevention in Solid Waste Management Operations
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;
• Processing - recycling and composting;
» Disposal; and
• Household hazardous waste.
With the exception of source reduction, each of these categories generates wastes as described
below.
3.1L9.1 Typical Wastes Generated
Curbside collection is provided for solid waste and recyclables, with drop off facilities for other
materials and special wastes. Key wastes generated by collection operations include used motor
oil and filters, antifreeze, parts washer solvent, used hydraulic oil, tires, used vehicles and vehicle
parts, and air emissions.
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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 often operate household hazardous waste
collection. In these cases, the tribal government typically
assumes 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.
3.11.9.2 Top Pollution Prevention Opportunities
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).
Collection
• Establish a "take back" program with motor oil suppliers to provide re-refined oil;
• Use in-line oil filters to reduce frequency of oil filter disposal;
• Capture and recycle on site spent antifreeze;
» Convert parts washer to aqueous-based systems;
• Convert fleet to natural gas as feasible;
Maximize collection efficiency (minimize trips) by using route management software
and multi-purpose vehicles;
• Recycle tires and utilize retread tires where appropriate;
• Specify tires for maximum durability; and
• Replace mercury thermometers in clinics and/or provide thermometer exchange for
residents.
Processing
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• Establish a preventative maintenance program for all major pieces of equipment to
minimize potential fluid discharges.
• 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
• Minimize landfill site runoff by capturing and recirculating leachate and developing
effective stormwater management plans.
Capture and reuse methane gas generated at landfill sites.
• Minimize hazardous nature of incinerator ash by implementing battery recycling and
household hazardous waste collection programs.
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 underground storage tanks with above ground tanks with proper containment
systems; and
Minimize pesticide usage through litter prevention and site management programs.
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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, snow plows, 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. (Note: While this section specifically discusses vehicle
maintenance, many of the regulated activities apply to equipment maintenance.)
Exhibit 3-7. Vehicle Fleet Activities
FLEET OPERATIONS
Battery
Repair
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Shop
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Exhauat
Repair
Fluid
Parts
Washing
Air
Conditioner
Repair
Outdoor
Metenal
Storage
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Fuel
Dtepotal
Fuel
Dispensing
Minimizing
impact of
Purchasing
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Solid Waste
Generation
Ctean Fleet
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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;
* Air conditioner repair - CAA;
• Vehicle and shop floor washing - CWA;
* Exhaust system repair and replacement - CAA;
• Painting-RCRA and CAA; and
» Outdoor material storage - CWA and RCRA.
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
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3.12.1.1 Changing Vehicle Fluids
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-gaIlon 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
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.
3J2.L2 Washing Vehicle Parts
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 are prohibited from injection under the SDWA and may be
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regulated under the pretreatment program or NPDES programs of fee CWA. The disposal of
solvent-contaminated rags may be regulated under RCRA.
3.12.1.3 Maintaining Vehicle Batteries
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.
3.12.1.4 Repairing Air Conditioners
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 capture
and recovery of used refrigerants, the use of certified recycling equipment, and the training and
certification of operators.
3.12.1.5 Washing Vehicles and Shop Floors
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 normally
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.
3.12.1.6 Repairing or Replacing Exhaust Systems
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
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converter repair and replacement, and specifies procedures for ensuring that removed converters
are properly replaced.
3.12.1.7 Painting Vehicles
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.
3.12.1.8 Storing Materials Outside
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
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3.12.2.1 Fuel Storage
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 maybe 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.
3.12.2.2 Fuel Dispensing
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 are filled. In addition, fuel dispensing units are required to
dispense fuel at a prescribed gallons-per-minute rate to prevent spills.
3.12.2.3 Disposal of Unusable Fuel
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
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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.
3.12.4.1 Typical Wastes Generated
• Cleaning solvents;
• Anti-freeze/coolant;
• Used/soiled shop rags;
• Unrecovered Freon from air conditioners;
• Oil/lubricants; and
• Scrap metal.
3.12.4.2 Parts Cleaning Systems
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 be possible to avoid reaching a regulated threshold by managing
system use, including purchasing a different system or altering filter types. Also, there are
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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
• Utilizes non-chlorinated solvents in the system;
• Has a high flash point solvent of more man 143 degrees;
* Can meet all regulatory requirements regarding disposal of filters; and
• Has a closing lid for when the system is not being used to reduce evaporation and air
emissions.
• Meets OSHA safety requirements.
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 wash basin and drip dry to reduce solvent "drag out" loss. Choosing aqueous systems may
reduce regulatory requirements all together.
3.12.4.3 Pressurized/Aerosol Cleaners
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 solvent/solution with the
parts washer's solvent/solution. Aqueous solutions may be the best
option when utilized properly. There are pre-cleaning solvents/solutions
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that can affect the parts washing tank if, alter 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.
• Solvent/solution is compatible with the parts washer.
• Solvent/solution content 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 less emissions
that are harmful to the employee.
3.12.4.4 Anti-freeze/Coolant
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 will be honored if this reused
antifreeze/coolant is 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 has
a neutral third party laboratory test results to demonstrate the system
works, and guarantees the product. Another approach is to purchase
your own 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.
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• See if bulk containers for used/recycled anti-freeze are available and proper storage can
be achieved.
Key Tip. Whatever method is chosen, make sure testing and warranties of the system's product
is backed, and the manufacturer of the vehicle/equipment allows for the use of the reconditioned
anti-freeze/coolant.
3, J2.4.5 Shop Rags
Do not use disposable shop rags. Contract with a company to provide reusable rags for the
facility as needed. Require them to bring back and exchange used rags for new 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.
Some Factors to Look for in Selecting a Service
• A regulatory approved method for the facility where the rags will be recycled.
• Will set a pick-up schedule for the used rags as required by your facility.
• Offers different rag selection based on the use for the facility.
Key Tip. Use as few rags as possible and always utilize a service to recycle rags at an approved
facility.
3.12.4.6 Air Conditioning
^
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, verify their practice for handling generated waste.
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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?
3.12.4.7 Lubricating Oils
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.
3.12.4.8 Metal Recycling
Most parts replaced 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 with a scrap dealer to pickup 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
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.
4.1 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.
4.2 TRIBAL ASSUMPTION Or 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."
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
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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 to 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 oh 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 promote 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
Website flittp://www.epa.gov/air/tribal/) provides information about CAA issues affecting tribes.
• 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
in2004.
• 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).
>
National Emission Standards for Hazardous Air Pollutants. EPA establishes National
Emission Standards for Hazardous Air Pollutants (NESHAPs) to control particular
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
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establishing emission standards. The emission standards are developed for both new and
existing sources based on "maximum achievable control technology" (MACT). 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 n 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.
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
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
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web site (Www.epa.gov/ozoneX 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 http://cfpub.epa.gov/npdes provides technical aad
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 and associated water quality criteria,
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tribes may elect to follow EPA guidelines, which propose aquatic life and human health criteria
for many of the 126 priority pollutants.
* 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://cfpub.epa.gov/npdes/home.cfin7program id=5 provides technical and regulatory
information about CSOs.
• Storm Water Discharges. The stormwater program 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.
See the website at: http://cfpub.epa. gov/npdes/home.cfm?program_id=6
EPA implemented the storm water program in two phases. Phase I 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 I began in 1990.
Phase n 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 n 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. A 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 122.26(b)(8). General
stormwater information can be found at httD://croub.epa.eov/npdes/home.cfrn?program id=6 and
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the Storm-water Phase n Compliance Assistance Guide at
http://www.epa.gov/npdes/pubs/comguide.pdf.
• 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.
• 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 hi 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
can 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. Sludge and biosolid information is available
at http://www.eDa.gov/owm/mtb/biosolids/index.htm.
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• Spill Prevention, Control, and Coimtermeasure Plans. CWA section 311 contains broad
federal authority to prevent, respond and cleanup of 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. SPCC information is available online at http://www.epa. gov/oilspill/sDcc.htm.
4.4.1 The Water Quality Standards Program and Tribal Program Approval
Section 518(e) of the CWA required 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 required 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, for EPA to approve or
disapprove tribal applications for treatment as state status to develop EPA-approved for water
quality standards. . .
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, 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 oj •£
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 certain0'.
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 to 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.
4.6 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
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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").
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 (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. 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.
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4.6.1 Underground Storage Tanks Program
Added in 1984, RCRA Subtitle I 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 required 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 (http://www.epa. eov.oustA.
• 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 Aboveground 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 combined underground oil storage capacity greater 42,000 gallons.
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 cleanup 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,
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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 the EPA
website: http://www.epa.gov/oilspill/prevent.htm.
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:
• 1 •
• 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.
OP A 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
PartSOO.
• 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 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,
and more information can be obtained at the website 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. The EPA website address for oil response
is http://www.uscg.mil/hQ/g-m/nmc/response/index/htm.
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4.7 EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW PROGRAMS
s
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.
• 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.
• 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).
• 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 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.
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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 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.
• Superfund Sites and Tribal Governments. Tribal governments are generally not involved
with hazardous waste cleanup as part of normal operations.
- 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
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restoration of natural resources that have been injured by a hazardous substance release or
response. OP A, 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. 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 hi,
negotiations with PRPs to obtain PRP-financed or PRP-conducted assessments and restorations
ofNRD.
• Tribal Natural Resource Trustees. Tribal Chairmen (or heads of the g9verning 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
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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.
t
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.
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
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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 any 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 chemicals 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.
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
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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 (EIS). 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
EISs.
/•
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 www.epa.gov/compliance/nepa/comments/index.html.
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 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
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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, hi such cases, EPA solicits
participation of the tribal government as a "cooperating agency" when the project's effects may
impact Indian country and other tribal 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 (ES A) 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 authorizing "take" that is incidental to an
otherwise lawful activity. To obtain a permit, an applicant develops a habitat conservation plan
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
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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 website of the FWS, in
particular, is an excellent sources of information regarding the ESA, federal policies, and Indian
tribal rights. See http://www.fws.gov/endangered/tribal/index.html.
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, et seq.
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.
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
CCS 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
December 2005 Draft for Review
Appendix A-l
List of Acronyms
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Draft Profile of Tribal Government Operations
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
XHS Indian Health Service, United States Department of Health and Human Services
IPM Integrated Pest Management
IRA Indian Reorganization Act
IRR Indian Reservation Roads
LDR Land Disposal Restrictions (RCRA)
LEED Leadership in Energy and Environmental Design
LEPC Local Emergency Planning Committee (EPCRA)
MMP A 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).
December 2005 Draft for Review
Appendix A-2
List of Acronyms
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NPDES National Pollutant Discharge Elimination System (CWA)
NPDWR National Primary Drinking Water Regulation (SDWA)
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 (EPRC A)
TSCA Toxic Substances Control Act
TSD Treatment, Storage, and Disposal (RCRA)
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Appendix A-l
List of Acronyms
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TSS Total Suspended Solids (CWA)
UIC Underground Injection Control (SDWA)
USC United States Code
UST Underground Storage Tank (RCRA)
VOC Volatile Organic Compound (CAA)
WWTP Wastewater Treatment Plant (CWA)
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A-4
List of Acronyms
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APPENDIX B. CONTACTS FOR EPA INDIAN AND MEDIA PROGRAMS
EPA Regional Contacts - Indian Program & Media Programs
Region J Robert Goetz! (Tribal Contact)
Jean Crocker (Tribal Contact)
Michael Wagner (Enforcement/Compliance Contact)
Chuck Franks (Solid Waste)
Ida McDonnell (Air)
JimBryson (Toxics)
Abby Swaine (Pollution Prevention)
Mark Sceeiy (Drinking Water)
Ellie Kwong (Drinking Water)
David Delaney (Underground Injection Control)
Ted Lavery (Source Water)
www.epa.gov/regionQl/govt/trifaes/index.html
617-918-1671
617-918-1498
617-918-1735
617-918-1554
617-918-1653
617-918-1524
617-918-1841
617-918-1559
617-918-1592
617-918-1618
617-918-1683
Region 2 Christine Yost (Indian Coordinator) v. 212-637-3564
Rebecca Jamison (Enforcement/Compliance Contact, Underground 212-637-3948
Injection Control)
Lorraine Graves (Solid Waste) ' 212-637-4099
Garrett Smith (Solid Waste) 860-678-0437
. Gavin Lau (Air) 212-637-3715
Adrian Enache (Toxics) . 732-321-6769
Deborah Freeman (Pollution Prevention) 212-637-3730
Marcia Seidner (Pollution Prevention) 212-637-3584
Gerard McKenna (Drinking Water, Source Water) 212-637-3838
www.eDa.gov/Region2/nations/index.html
Region 3
No Federally Recognized Indian Tribes
December 2005 Draft for Review
Appendix B-l
EPA Contacts
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Draft Profile of Tribal Government Operations
Region 4 Bill Patton (Tribal Contact)
Davy Simonson (Solid Waste)
Gracy Danois (Air)
Roseanne Rudd (Toxics)
Dan Ahern (Pollution Prevention/Toxics)
Dan O'Lone (Drinking Water)
Robert Olive (Underground Injection Control)
Natalie Ellington (Source Water)
Alanna Conley (Source Water)
www.eDa.gov/region4/ead/indian/
404-562-8632
404-562-8457
404-562-9119
404-562-8998
404-562-9028
404-562-9434
404,562-9423
404-562-9453
404-562-9443
Region 5 John Haugland (Director, Indian Environmental Office)
Barbara Wester (EnforcementfCompliance Contact)
Dolly Tong (Solid Waste)
Burdell Chapman (Solid Waste)
Mary Setnicar (Solid Waste)
Margaret Millard (Solid Waste)
Faye Blondin (Air)
Julie Henning (Air)
Emma Avant (Toxics)
Dolly Tong (Pollution Prevention)
Maty Morgan (Drinking Water)
Chuck Pycha (Drinking Water)
Denis L. Baker (Drinking Water)
John Taylor (Underground Injection Control)
Ross Micham (Underground Injection Control)
Jan Bartlett (Source Water)
www.epa.gQv/Region5/tribes/
312-886-9853
312-353-8514
312-886-1019
312-353-9564
312-886-0976
312-353-1440
312-353-5069
312-886-4882
312-886-7899
312-886-1019
312-886-6201
312-886-0259
616-271-7492
312-886-4299
312-886-4237
312-886-5438
9990-999^02
09WZ 00 '
if m 8P°° IPW
sjauenbpean Vd3 STI
December 2005 Draft for Review
Appendix B-2
EPA Contacts
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Draft Profile of Tribal Government Operations
Region 6 Jonathan Hook (Tribal Contact)
David Bond (Enforcement/Compliance Contact)
Audrey Lincoln (Solid Waste)
Roger Hancock (Solid Waste)
Eric Adidas (Solid Waste) .
Nick Stone (Hazardous Waste)
x
Paul Sieminski (Hazardous Waste)
Cbesteena Hullum (Hazardous Waste)
Dick Thomas (Air)
Tony Talton (Air)
Jerry Collins (Toxics)
Joy Campbell (Pollution Prevention)
Blake Atkins (Drinking Water)
Yulonda Davis (Drinking Water)
Marvin Waters (Drinking Water)
Tyrone Hoskins (Underground Injection Control)
Ken Williams (Source Water)
www.eoa.Eov/Arkansas/6xa/rnao.hoti
214-665-8069
214-665-6431
214-665-2239
214-665-6688
214-665-8308
214-665-7226
214-665-8503
214-665-7216
214-665-8528
214-665-7205
214-665-7562
214-665-8036
214-665-2297
214-665-7154
214-665-7540
214-665-7375
214-665-7129
Region 7 Wolfgang Brandner (Indian Coordinator)
Secody Hubbard (Enforcement/Compliance Contact)
Marcus Rivas (Solid Waste)
Clem Egger (Solid Waste)
Judith Robinson (Air)
Margaret Stockdale (Toxics)
Mary Carter (Pollution Prevention)
Stan Calow (Drinking Water)
Stephanie Lindberg (Source Water, SWAP/PWSS Grant)
Morris Holmes (ISA Grant Contact)
Kurt Hildebrandt (Underground Injection Control)
www.eDa.gov/Region7/govemment tribal/index.htm
913-551-7381
913-551-7757
913-551-7669
913-551-7436
913-551-7825
913-551-7936
913-551-7350
913-551-7410
913-551-7423
913-551-5379
913-551-7413
December 2005 Draft for Review
Appendix B-3
EPA Contacts
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Draft Profile of Tribal Government Operations
Region 8 Connally Mears (Tribal Contact)
Elisabeth Evans (Technical Enforcement Contact)
David Janik (Legal Enforcement Contact)
Susanna Trujillo (Solid Waste)
Stephanie WaUace (Solid Waste)
Ron Lillich (Solid Waste)
Susan Zazzali (Solid Waste)
Monica Morales (Air)
Bemadette Gonzalez (Air)
Dave Combs (Toxics)
Linda Walters (Pollution Prevention)
Gary Carlson (Drinking Water)
Tsegaye Hailu (Drinking Water)
Minnie Adams (Drinking Water)
Terry Griffith (Drinking Water)
Douglas Minter (Underground Injection Control)
Marcella Hutchinson (Source Water)
www.epa.gov/region8/tribes/
303-312-6343
303-312-6217
303-312-6917
303-312-7008
406-457-5018
303-312-6149
406-457-5019
303-312-6936
303-312-6072
303-312-6021
303-312-6385
303-312-6269
303-312-6273
303-312-6624
303-312-6153
303-312-6079
303-312-6753
December 2005 Draft for Review Appendix B-4
EPA Contacts
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Draft Profile of Tribal Government Operations
Region 9 Clancy Tenley (Director Tribal Program Office) 415-972-3785
Pamela Overman (Enforcement and Compliance Contact) 415-972-3781
Kelly Doordan (Solid Waste - Northern California) 415-972-3383
Caleb Shaffer (Solid Waste - Southern California) 415-972-3336
Wenona Wilson (Solid and Hazardous Waste, Underground Storage 415-972-3239
Tanks)
Heather White (Solid Waste-Arizona and Nevada) 415-972-3384
Doug McDaniel (Air) 415-947-4106
Gary Lance (Air) , 415-942-3992
Pat Maravffla (Toxics) 415-947-4177
John Katz (Pollution Prevention) . 415-972-3283
LeifMagnuson (Pollution Prevention) 415-972-3286
Brian Smith (Drinking Water-Navajo) 415-972-3580
Bessie Lee (Drinking Water-Hopi, Tohono O'Odham) 415-972-3776
Roger Yates (Drinking Water-Nevada, Owens Valley/Northern California) 415-972-3549
Danny Collier (Drinking Water-Eastern Arizona) 415-972-3565
Helen McKinley (Drinking Water-Southern California) 415-972-3559
Karl Banks (Drinking Water-Western Arizona & Lower Colorado River) 415-972-3557
Eric Byous (Underground Injection Control) 415-972-3531
Jamelya Curtis (Source Water) 415-972-3529
Kate Rao (Source Water) 415-972-3533
www.epa.gov/reeion09/cross pr/indian/index.html
December 2005 Draft for Review
Appendix B-5
EPA Contacts
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Draft Profile of Tribal Government Operations
Region 10 Tim Hamlin (Tribal Contact)
Donald Dossett (Enforcement/Compliance Contact)
Fran Stefan (Solid Waste)
Nina Kocourek (Solid Waste)
Al Latourette (Solid Waste)
Kristin Hall (Solid Waste)
Domenic Calabro (Solid Waste)
Tim Hamlin (Solid Waste)
Joe Sarcone (Solid Waste)
Santina Gay (Solid Waste)
Diana Boquist (Air)
Doug Cole (Air)
Mary Manous (Air)
Fran Stefan (Toxics/Pollution Prevention)
Craig Paulsen (Drinking Water)
Katherine Holt (Underground Injection Control)
Jennifer Parker (Source Water)
htto://vosemite.epa.gov/rlQ/tribal.NSF
206-553-1563
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
206-553-1586
206-553-5764
206-553-1059
206-553-6639
206-553^350
206-553-2901
206-553-1900
December 2005 Draft for Review Appendix B-6
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Draft Profile of Tribal Government Operations
EPA HEADQUARTERS TRIBAL CONTACTS
American Indian Environmental
Office
(See complete staff list below)
Carol Jorgensen, Director
www.epa.eov/indian
Gary Hudiburg, Deputy Director
Jeff Besougloff, Senior Policy Advisor
Edna Silver, Administrative Assistant
202-564-0303
202-564-0626
202-564-0292
202-564-0286
Office of Enforcement and
Compliance Assurance
Jonathan Binder, Program Manager 202-564-2516
/ www.epa.gov/compliance/planning/tribal/index.htrnl
Mary Andrews, Office of Regulatory Enforcement 202-564-4011
Katherine Biggs, Office of Federal Activities 202-564-7144
Danny Gogal, Office of Environmental Justice 202-564-2576
Melanie Garvey, Federal Facilities Enforcement Office 202-564-2579
Martin Topper, Office of Criminal Enforcement 202-564-2564
Doug Dixon, Office of Site Remediation & 202-564-4232
Enforcement
Office of Prevention, Pesticides,
and Toxic Substances
Caren Robinson, Program Manager 202-564-0544
www.epa.gov/oppts/tribal.htm .
Mary Lauterbach, Office of Pollution Prevention and 2Q2-564-8821
Toxics
Phil Robinson, Office of Pollution Prevention and 202-564-8824
Toxics
Office of Solid Waste & Emergency
Response
Felicia Wright, Coordinator 202-566-1886
www.epa.gov/epaoswer/non-hw/tribal/index.htni
Lois Gartner, Coordinator 202-566-0213
Charles Reddoor, Solid & Hazardous Waste . 703-308-8245
www.epa.gov/epaoswer/non-hw/tribal/thirds/remsw.ht
m
Chris Dege, Solid Waste 703-308-2392
Janice Johnson, OSW/MISWD 703-308-7280
Tonya Hawkins, OSW/MISWD 703-308-8278
DeniseRoy, OSW/MISWD . 703-308-8458
Jennifer Wilbur, Brownfields 703-603-8851
http://www.epa.gov/swerosps/bf/index.html
Robert Myers, Superfund . 202-566-2756
http://www.eDa.gov/5uperfund/index.htm
December 2005 Draft for Review Appendix B-7
EPA Contacts
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Sector Notebook Project
Draft Profile of Tribal Government Operations
Office of Research and
Development , •
Office of Air and Radiation
Office of General Counsel
Office of the Chief Financial
Officer
Office of Administration and
Resources Management
Office of Environmental
Information
Office of International Affairs
Office of Water
Nick Nichols, Emergency Response
http://www.ena.eov/superfund/programs/er/mdex.htm
William Lienesch, Underground Storage Tanks
www.epa.gov/QUST/
Renee Wynn, Federal Facility Restoration and Reuse
www.epa.gov/swerfriT/
Claudia Walters, Program Manager
www.epa.gov/osp/trioes.htm
Darrel Harmon, Senior, Tribal Manager
www.epa.gov/air/tribal/ ,
Julie McClintock, OAOPS Tribal Programs
Jim Havard, Program Manager
Tod Siegel
Joe Edgell
David Coursen
Drusille Yorke, Program Manager
www.epa.gov/ocfg/
Glen Langlois, Program Manager
www.epa.goy/ogd/index.htm ,
Lorena Romero-Cedeno, Program Manager
www.epa.goy/oei/
Julie Kocher, Data
Cassandra Vail, Toxic Release Inventory
Pete Christich, Program Manager
Karen Rudek, Program Manager
www.epa.eov/Ow/index.htmr
Andrea Matzke, Safe Drinking Water Act
www.epa.gov/safewater/index.html
Kevin DeBell, Combined Sewer Overflows and
Sanitary Sewer Overflows
http://cfoub.eDa.Eov/nndes/home. cfm?DroErarn id=4
httpV/cfoub epa sov/npdes/home cfnV^orograin id=5
Gregory Colianni, Wetlands, Oceans, and Watersheds
Lena Ferris, Wastewater Management
Marjorie Copeland, Source Water
Fred Leutner, Science and Technology
Jeff Jollie, Underground Injection Control
www.epa.gov/safewater/uic/tribal.html
202-564-1970
703-603-7162
703-603-0049
202-564-6762
202-564-7416
919-541-5339
202-564-5544
202-564-5552
202-564-5514
202-564-0781
202-564-7553
202-564-5084
202-566-0978
202-566-0710
202-566-0753
202-564-6404
202-564-0472
202-564-3842
202-564-0040
202-564-1249
202-564-8831
202-564-3876
202-564-0378
202-564-3886
December'2005 Draft for Review
Appendix B-8
EPA Contacts
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Sector Notebook Project
Draft Profile of Tribal Government Operations
American Indian Environmental
Office - Administrative Resource
Management Workgroup
x-
American Indian Environmental
Office - Legal & Policy Workgroup
American Indian Environmental
Office - Communications and
Outreach Workgroup
American Indian Environmental .
Office - Grant Workgroup
American Indian Environmental
Office - Information and Analysis
Workgroup
Dianne Briggs
Grace Braddock
Elvira Dixon
Edna Geter
Janice Poole
Lisa Tatakis
Edna Silver
Jose Aguto
Rodges Ankrah
JeffBesouglofF
Candi Schaedle
Bob Smith .
Elvira Dixon
Ella Mulford
Janice Poole
Bob Smith
Rodges Ankrah
Edna Geter
Teresa Kuklinski
Candi Schaedle
Bob Smith
Willnetta Ball
Teresa Kuklinski
Luke Jones
Ed Liu
Ella Mulford
202-564-0279
202-564-0303
202-564-0378
202-564-0296
202-564-7616
202-564-0297
202-564-0286
202-564-0289
202-564-0280
202-564-0292
202-564-6121
202-564-0278
202-564-0378
202-564-0285
202-564-7616
202-564-0278
202-564-0280
202-564-0296
202-564-0246
202-564-6121
202-564-0278
202-564-0902
202-564-0246
202-564-5763
202-564-0287
202-564-0285
U.S EPA Headquarters Library
Mail code 3404T
i^OO Pennsylvania Avenue NW
Washington, DC 20460
202-566-0556
December 2005 Draft for Review Appendix B-9
EPA Contacts
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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
"govemment-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;
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 insure 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:
Issued November 8,1984
Appendix C-l
EPA Indian Policy
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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 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.
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
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.
Issued November 8,1984
Appendix C-2
EPA Indian Policy
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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 e 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
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.
Issued November 8,1984
Appendix C-3
EPA Indian Policy
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Draft Profile of Tribal Government Operations
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.
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.
Issued November 8,1984
Appendix C-4
EPA Indian Policy
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Sector Notebook Project
Draft Profile of Tribal Government Operations
APPENDIX D. ENVIRONMENTAL ORGANIZATIONS GUIDE
This appendix lists 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
Intertribal Agriculture Council
Intertribal Bison Cooperative
Inter Tribal Council of Arizona
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 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
Tribal Association on Solid Waste and
Emergency Response
Tribal Solid Waste Advisory Network .
United South and Eastern Tribes
Western Regional Air Partnership
Yukon River Inter-Tribal Watershed Council
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)
December 2005 Draft
Appendix D-l
Environmental Organizations
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Sector Notebook Project
Draft Profile of Tribal Government Operations
NATIONAL/REGIONAL INDIAN ORGANIZATIONS
Affiliated Tribes of Northwest Indians: hi 1953 tribal leaders hi 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 Web site at http://www.atnitribes.org or
call (503) 249-5770.
Membership: 55 Tribes
Executive Director: Lyn Dennis, 1827 NE 44th Avenue, Suite 130, Portland, OR 97213
Alaska Inter-Tribal Council: ATTC is a statewide, tribally governed non-profit
organization that advocates in support of tribal governments throughout the state. ATTC
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 http ://www.aitc.org or call (907) 563-9334
Membership: 231 Tribes
Chairman of Executive Council: Ian Erlich
Executive Director: Julie Bator
Address: 750 West 2nd Avenue, Suite 215, Anchorage, AK 99501
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 http://www.aises.org or call (505) 765-1052 :
Executive Director: Pamala Silas
Address: P.O. Box 9828, Albuquerque, NM 87119-9828
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 Web site
at http://www.ciba.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
Executive Director: Shannon Brawley
Officers: There is an eleven-member board of directors.
Jennifer Bates, Chairperson
Address: California Indian Basketweavers Association, P.O. Box 2397, Nevada City, CA 95959
December 2005 Draft
Appendix D-2
Environmental Organizations
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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 Bands of Odawa Indians. For more information, visit the Web site at
http://1836cora.org/or call (906) 632-0043.
Membership: 5 Tribes
Executive Director: Jane TenEyck
Address: 179 W. Three Mile Road Sault Ste. Marie, MI 49783
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 Web site at http://www.critfc.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.
Executive Director: OlneyPatt, Jr.
Officers: Jay Minthom, Umatilla, Chairman
Allen Slickpoo, Jr., Nez Perce, Vice-chair
Gerald Danzuka, Warm Springs, Secretary *
Virgil Lewis, Sr., Yakama, Treasurer
Address: 729 NE Oregon Street, Suite 200, Portland, Oregon 97232
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. 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 Web site at
http://www.certredeartfa.com or call (303) 282-7576.
Membership: 57 tribes in U.S. and Canada (4)
Executive Director: David Lester
Officers: Elected leader of all 57 tribes
Address: 695 S. Colorado Blvd, Suite 10, Denver, Colorado 80246
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 Web site at htto://elirwc.org or call (715)
682-6619.
Membership: 9 Tribes
•Minnesota - Fond du Lac and Mille Lacs bands.
Executive Director: James Schlender
Officers: Elected leaders of member tribes
Address: P.O. BOX 9, 100 Maple Street, Odanah, WI54861
December 2005 Draft
Appendix D-3
Environmental Organizations
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Sector Notebook Project
Draft Profile of Tribal Government Operations
Haudenosaunee Environmental Task Force: HETF is an inter-tribal consortia 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 Web site at http://www.hetfonline.ore or call (518) 358-3381
Membership: Cayuga, Tuscarora, Onondaga, and Tonawanda-Seneca, Mohawk and Oneida
Nations.
Director: Joyce King, Mohawk Nation, P.O. Box 366, Rooseveltown, New York 13683
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 Web site at http ://www.ienearfh.org or call (218) 751-4967.
Director: TomGoldtooth
Officers (Board of Directors):
Manual Pino, founder and member of the Laguna-Acoma for a Safe Environment, a tribal
community-based organization working on uranium contamination on Pueblo tribal communities
in New Mexico.
Gloria Decqrah Toyebo, Sokaogan Defense Committee, a member of a tribal community-based
group working to stop hard rock mining in Wisconsin.
Bineshi Albert, a previous founding member and youth representative of IEN and currently a
co-coordinator of Sage Council, in Albuquerque, New Mexico. Sage Council is working on the
protection of the sacred Petroglyph.
Address: PO Box 485, Bemidji, MN 56619
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 Web site at http://www4.nau.edu/itep/ or call (928) 523-9555.
Interim Director: Mehrdad Khatibi
Address: Northern Arizona University, PO Box 15004, Flagstaff, AZ 86011; or NAU DuBois
Center/TTEP, McConnell Circle, Bldg 64, RM 32, Flagstaff, AZ 86011
December 2005 Draft
Appendix D-4
Environmental Organizations
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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
Web site at http://www.inaianaglink.com or call (406) 259-3525.
Executive Director: Ross Racine .
Officers: Richard Bowers, Seminole Tribe of Florida, President
Harlan Beaulieu, Red Lake Chippewa Tribe, Vice-President
Zachary Ducheneaux, Cheyenne River Sioux Tribe, Secretary
Robert Miller, Creek Nation of Oklahoma, Treasurer
Raynell Miller, Walker River Paiute Tribe, California-Nevada Area
Alonzo Cody, Shoshone-Bannock Tribes, Portland Area
Address: 100 North 27th Street, Suite 500, Billings, MT 59101
Intertribal Bison Cooperative: ITBC provides technical support to tribal bison management
operations and helps tribes acquire, care, and develop these animals. 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 Web site at http://www.intertribalbison.com or call (605)
394-9730.
Membership: ITBC has a membership of 42 tribes with a collective herd of over 8,000 bison.
Executive Director: FredDuBray
Officers: Governed by a Board of Directors, which is comprised of one tribal representative
from each member tribe.
Address: 1560 Concourse Drive, Rapid City, SD 57703
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 Web site at
http://www.itcaonUne.com or call (602) 258-4822.
Membership: ITCA has a membership of 20 tribes.
Executive Director: John R Lewis
Officers: Raphael Bear, Chairman of Fort McDowell Yavapai Nation^ President
Carmen Bradley, Chairwoman of Kaibab-Paiute Tribe, First Vice-President
•Leonard Rivers, Vice-President of Salt River Pima-Maricopa Indian Community, Second
Vice-President
Address: 2214 North Central Avenue, Suite 100, Phoenix, AZ 85004
Inter-Tribal Council of Michigan: MTTC 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, MTTC provides technical assistance to
'member tribes including development of tribal laws and regulations. For more information, visit
the Web site at http://www.itcmi.org or call (906) 632-6896.
Membership: 12 Tribes.
Executive Director: Sharon Teeple
Environmental Services Manager: Dwight Sargent
Address: 2956 Ashmun Street, Sault Ste. Marie, MI 49783
December 2005 Draft
Appendix D-5
Environmental Organizations
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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 mat 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 Web site at
www.itecmembers.org or call (918) 458-5498.
Membership: 36 Tribes
Director: Nancy John
Address: P.O. Box 948, Tahlequah, OK 74465-0948
t
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 Web
site at http://www.itcnet.org or call (503) 282-4296. '
Membership: 11 Tribes
Program Manager: Joann Reynolds
Officers: Nolan C. Colegrove, Sr., Hoopa Valley Tribe, President
Frank Johnny Endfield, Jr., White Mountain Apache Tribe, Vice-President
Reggie Atkins, Confederated Tribes of the Colville Reservation, Secretary
Alfred Ketzler, Jr., Tanana Chiefs Conference, Inc., Treasurer
Address: 1112 NE 21st Avenue, Portland, OR 97232
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, 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 triviaiization (e.g., Indian mascots issues), support for environmental protection and
land claims, and building cultural and 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 ofdomination throughput 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 website: http://www.treatvland.com/ or call
(715)833-1777.
Officers: Andrew Gokee (Red Cliff Ojibwe/Steven Point)
Samantha House (Ho-Chunk)
Debi McNutt (Eau Claire, WI)
Amoose (Bad River Ojibwe)
Christine Munson (Oneida/Steven Point)
Amy Lutzke (Fort Atkinson, WI)
Zoltan Grossman (Eau Claire, WI)
Address: 21 South Barstow Street, Suite 206, Eau Claire, WI 54701
December 2005 Draft
Appendix D-6
Environmental Organizations
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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 Web site at
http://nu'dwest.fws.gov/ashlanoVmtan/mtanhome.htnil or call the contacts listed below.
t
Contacts:
Elizabeth W. Graff, 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 tnbes (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 Web site at http://aww.mnisose.org or call (605) 343-6054.
Membership: 23 Tribes
Executive Director: Woody Corbine
Officers: Gary Collins, Northern Arapaho Tribe, President
Tony Provost, Omaha Tribe of Nebraska, Vice-President
Boyd Gourneau, Lower Brule Sioux Tribe, Secretary
Rhonda Azure, Turtle Mountain Band of Chippewa Indians, Treasurer
Address: P.O. Box 2890, Rapid City, SD 57709-2890
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 Web site at http://www.nihb.org or call (202) 742-4262.
Executive Director: J.T. Petherick
Officers: Sally H. Smith, Chan-, Alaska Area
John Blackhawk, Vice-Chair, Aberdeen Area
Mickey Peercy, Treasurer, Oklahoma City Area
Deanna Bauman, Secretary, Bemidji Area
Buford L. Rolin, Member-at-Large, Nashville Area
Pearl Capoeman-Baller, Representative, Portland Area
Lester Secatero, Representative, Albuquerque Area
Hilda Moss, Representative, Billings Area
Maria Tripp, Representative, California Area
Jerry Freddie, Representative, Navajo Area
Kathy Kitchevan, Representative, Phoenix Area . . .
Dennis Ramon, Representative, Tucson Area
Address: 101 Constitution Ave. N.W., Suite 8-B02, Washington, DC 20001
December 2005 Draft
Appendix D-7
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Draft Profile of Tribal Government Operations
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
Web site at http://www.ncai.qrg or call (202) 466-7767.
Membership: 250 member tribes from throughout the United States.
Executive Director: Jacqueline Johnson
Executive Committee:
Tex Hall, Mandan, Hidatsa, Ankara Nation, President
Joe Garcia, San Juan Pueblo, First Vice-President
Juana Majel/Dixon, Pauma-Yuima, Secretary
W. Ron Allen, Jamestown S'Klallam Tribe, Treasurer
Edward K. Thomas, Tlingit Haida Tribes, Vice-President, Alaska
Jefferson Keel, Chickasaw Nation, Vice-President, Eastern Oklahoma
Harold Frazier, Cheyenne River Sioux Tribe, Vice-President, Great Plains
Gordon Adams, Jr., Bois Forte Band of Chippewa Indians, Vice-President, Midwest
Kevin Seneca, Seneca Nation, Vice-President, Northeast
Ernie Stensgar, Coeur d* Alene, Tribe Vice-President, Northwest
Leslie Lohse, Paskenta Band of Momiake Indians, Vice-President, Pacific
Geri Small, Northern Cheyenne Tribe, Vice-President, Rocky Mountain
Eddie Tullis, Pqarch Band of Creek Indians, Vice-President, Southeast
Zach Pahmahmie, Prairie Band Potawatomi Nation, Vice-President, Southern Plains
Manuel Heart, Ute Mountain Ute Tribe, Vice-President, Southwest
Arian Melendez, Reno-Sparks Indian Colony, Vice-President, Western
Address: 1301 Connecticut Avenue, NW, Suite 200, Washington, DC 20036
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 environment. 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 Web site at http://www.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.
Executive Director: David Conrad
Officers:
James G. Sappier, Chief, Penobscot Nation, Chairman
Jerry Meninick, Chairman, Yakama Indian Nation, Vice Chairman
Norman W. Deschampe, President, Minnesota Chippewa Tribe, Secretary
Chris Devers, Chairman, Pauma Band of Mission Indians, Treasurer
Thomas O'Rourke, Vice-Chairman, Yurok Tribe, At Large Member
Bonnie Akaka-Smith, Chairperson, Pyramid Lake Paiute Tribe, At Large Member
Brian Wallace, Chairman, Washoe Tribe of Nevada and California, Government Relations
Committee
J. Bruce Tafoya, Governor, Pueblo of Santa Clara, Membership & Nominating Committee
Elaine Patterson, Chairwoman, Cortina Indian Rancheria, Planning & Program Committee
Lyndee Wells, Attorney, Dorsey & Whitney, General Counsel
Address: 2501 Rio Grande Blvd., NW, Suite A, Albuquerque, NM 87104
December 2005 Draft
Appendix D-8
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Draft Profile of Tribal Government Operations
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 Web site at http://www.nafws.org 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.
Executive Director: Ira New Breast
Officer: Ron Skates, President
Address: 8333 Greenwood Blvd., Suite 25, Denver, Colorado, 80221
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 Web site at httD://www,narf.ore or call (303)
447-8760.
Executive Director: John E. Echohawk, Executive Director
Officers: During the formation of the Native American Rights Fund, a governing board was
assembled composed of Indian leaders from across the country. Current NARF Board of
Directors are:
E. Ho'oipo Pa, Chair, Native Hawaiian
Jaime Barrientoz, Vice Chair, Ottawa/Chippewa
Mark Brown, Mohegan Tribe . .
Elbridge Coochise, Hopi
Billy Frank, Nisqually Tribe
John Gonzales, San Ildefonso Pueblo
James Roan, Gray Osage
Vernita Herdman, Inupiaq
Karlene Hunter, Oglala Lakota
Nora McDowell, Fort Mojave
Paul Ninham, Wisconsin Oneida
Anthony Pico, Viejas Band of Kumeyaay Indians
Woody Widmark, Sitka Tribe
Address: 1506 Broadway, Boulder, CO 80302
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 then* goals to strengthen tribal sovereignty and self-determination and
protect health and environment in Indian Country. For more information, visit the Web site at
http://www.nawahic.org or call (775) 782-6636.
Address: 1662 Highway 395, Suite 212, Minden, NV 89423
December 2005 Draft
Appendix D-9
Environmental Organizations
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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! hi return, the Institute provides
additional; real-life learning opportunities for Evergreen students. For more information, visit
the website at: http://www.evergreen.edu/nwindian/rndex.html or call (360) 867-6614.
Director: Alan Parker
Address: 2700 Evergreen Parkway NW, SEM 3122, Olympia, WA 98505
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 Web site at
http://www.nwifc.ore or call (360) 438-1180.
Membership: 20 Tribes
Executive Director: James R. Anderson
Address: 6730 Martin Way East Olympia, WA 98516
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 Web site at bttp ://www.tswan.org or call (509)
235-6007.
Membership: 18
56 Villages under the Association of Village Council President, Bethel, Alaska
Executive Director: Kami Snowden
Address: 635 Marcella Lane Cheney, WA 99004
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 Web site
at http://www.usetinc.org or call (615) 872-7900.
Membership: 24 Tribes
Executive Director: James T. Martin
Address: USET, Inc.
711 Stewarts Ferry Pike Ste 100 Nashville, TN 37214
December 2005 Draft
Appendix D-10
Environmental Organizations
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Sector Notebook Project
Draft Profile of Tribal Government Operations
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 website:
http://www.wrapair.org/tribal/.
WRAP Co-Directors:
Bob Gruenig, NTEC, 2501 Rio Grande Boulevard NW, Albuquerque, NM 87104, (505)
242-2175
Patrick Cummins, Colorado State Air Quality Program Manager, 1515 Cleveland Place, Suite
200, (970) 884-4770
Officers:
Governor Janet Napolitano, Arizona, Co-Chair
Councilman Lloyd-frvin, Confederated Tribes of Salish and Kootenai, Co-Chair
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 Web site at
http://www.vritwc.com or call (907) 451-2530.
Membership: 58 Tribes signed an Accord to protect and restore the watershed.
Officers: There are 12 members of the Executive Board Committee - six tribes from Alaska and
six from Yukon.
Alaska Region Director: Rob Rosenfeld, (907) 451 -2530
Yukon Region Director: Bonnie Harpe, (867) 393-2199
Addresses: 136 Dunkel Street, #2, Fairbanks, AK 99701
102 Gold Road, Suite 7, P.O. Box 31213, Whitehorse, Yukon, Canada Y1A 5P7
December 2005 Draft
Appendix D-11
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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: Fredericka Joseph, 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 tunes 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. The FOSTTA web site is at:
http://www.ecos.org/section/proiects/?id=6S3.
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
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 hi Indian country.
. Daniel Gogal, Designated Federal Official, (202) 564-2576
Bob Smith, Alternate Designated Federal Official
Terry Williams, The Tulahp Tribes, Chair
Coleen Ppler, Sokaogon Defense Committee, Vice-Chair
Karen Wilde Rogers, Colorado Commission on Indian Affairs, Executive Secretary
Steve Etsitty proxy for Calvert Curley, Nayajo Nation
Pemina Yellow Bird, North Dakota Intertribal Reinterment Committee
Doo Jung Jin, Associate Professor at Northwest College
John Roanhorse, Institute for Tribal Environmental Professionals
Chris Peters, Seventh Generation Fund
Charon Asetoyer, Honor the Earth
December 2005 Draft
Appendix D-12
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Draft Profile of Tribal Government Operations
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 TSC A and the Pollution Prevention Act (PP A).
NPPTAC provides a forum tor 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, hi 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 oy the NPPTAC during discussions. The NPPTAC web site is
at: http://www.epa.gov/oppt/npptac.
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 tnbes, 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. Reg
Indian nations in Region 2 have an annual meeting with EPv
ion 2 does not have an RTOC.
I senior leaders.
The
Tribal Operations Committee: hi order to improve communications and build stronger
partnerships with the tribes, the Agency established the Tribal Operations Committee (TOC} in
February 1994. The TOC comprises 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 govemment-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, (828) 497-1839
Vice Chair - Nat Nutongla, R9, Hopi Tribe, Main Street, P.O. Box 123, Kykotsmovi, AZ 86039
(928)734-3711
Secretary - Felix Kitto,.R7, Santee Sioux Tribe of Nebraska, 52948 Highway 12, Niobrara,
Nebraska 68760, (402) 857-3338
EPA Contact: Carol Jorgensen, Director, American Indian Environmental Office (AIEO)
(202) 564-0303
December 2005 Draft
Appendix D-13
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Draft Profile of Tribal Government Operations
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 resour
Indian country.
resource pool for tribes in
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
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
December 2005 Draft
Appendix D-14
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Draft 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 describe the range of
resources available resources. This resource list is not exhaustive and will be updated and made
available on a regular bases.
General Compliance and Technical Assistance Material E-3
Training - General E-3
Compliance Assistance Centers E-4
Waste Issues in Indian Country
Solid Waste Material ...» , E-6
Solid Waste - Tribal Codes E-9
Solid Waste - Backyard Burning E-9
Hazardous Waste Material E-9
Training - Solid and Hazardous Waste : ; E-10
Construction and Demolition Waste E-ll
Underground Storage Tanks E-12
Emergency Planning E-13
Mining Waste in Indian Country E-13
Military Munitions Waste E-14
Radioactive Materials , E-14
Water Resources
Public Water Systems.., E-14
Tribal and Other Non-Federal Organizations ....; : E-15
Wastewater Management E-16
Training- Water Quality E-16
Wetlands Management E-17
Underground Injection Control E-17
Source Water Protection E-17
Air Resources
Air Pollution E-18
Training-Air Pollution E-18
Air Quality and Monitoring E-18
Asbestos and Radon E-19
December 2005 Draft for Review
Appendix E-l
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Sector Notebook Project
Draft Profile of Tribal Government Operations
Pesticides . E-19
Toxics E-20
Schools
General E-21
Higher Education E-21
Asbestos E-22
Disposal of Spent Laboratory Chemicals E-22
Lead-Based Paint E-22
Water E-24
Pesticides E-24
Pollution Prevention ': E-24
Green Buildings ; E-26
Healthcare and Hospitals E-27
National Environmental Policy Act ,. E-27
Selected Enforcement Guidance Related to Indian Country E-27
Federal Executive Branch Resources
Department of Agriculture E-28.
Department of Commerce E-28
Department of Defense E-28
Department of Energy E-28
Department of Health and Human Services E-29
Department of Housing and Urban Development E-29
Department of the Interior E-29
Department of Justice E-30
Department of Labor E-30
Department of Transportation : E-30
Environmental Protection Agency E-31
Federal Communications Commission E-31
The Advisory Council on Historic Preservation E-31
United States Congress Resources ; E-31
Tribal Codes, Tribal Environmental Laws, and Federal Indian Law E-32
Links to Tribal Government Websites E-33
Other Environmental Websites E-33
December 2005 Draft for Review
Appendix E-2
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Sector Notebook Project
Draft Profile of Tribal Government Operations
GENERAL COMPLIANCE AND TECHNICAL ASSISTANCE MATERIAL
• Tribal Environmental and Natural Resource Assistance Handbook provides information
on federal sources of both technical and financial assistance related to environmental
management, http://www.epa.gov/indian/tribhand.htm
• 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
wendt.elizabeth@epa.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. NET! 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.
www.epa.gov/compliance/training/neti/index.html
• Emergency Management Framework for Tribal Governments courses offered by the
Federal Emergency Management Agency to tribal members who have emergency
management responsibilities, www.fema.gov/tribal/framework.shtm
• 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.
http://www.epa.gov/indian/resource/intro.htm
• EPA's Resource Guide is a comprehensive source of information presented in the
Working Effectively with Tribal Governments training modules. It can be viewed or
printed out by chapter and contains links to related documents posted on the internet.
http://www.epa.gov/indian/resource/intro.htm ' ,
• Western Community Policing Center's Tribal Training Program 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. http:/ywww.tribaltraining.com/project.htm
• Agency for Toxic Substances and Disease Registry (ATSDR) Tribal Environmental
' Health Education Program provides resources for tribal health professionals to identify,
prevent, and respond to health issues related to environmental contamination.
htto://www.atsdr.cdc.gov/tribal/docs/finalfactsheet 2oage.pdf
December 2005 Draft for Review
Appendix E-3
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• Training Tribal Environmental Professionals: Using a Project, Not a Projector offers
training that is sensitive to the vast cultural heritage of Native Americans.
http ://www.epa.gov/ttnchie 1 /conference/ei 10/intemissions/ellsworth.pdf
• EPA's Grant Writing Tutorial 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, and program-specific sections on three EPA grant
programs: environmental justice, environmental justice through pollution prevention, and
environmental education, http://www.epa.gov/seahome/grants/src/grant.htm
• Cherokee Nation Geographic Information System Training Program is for tribal map
making professionals and those interested in learning more about tribal mapping methods
and GIS technology. Contact Laura Harjo at (800) 256-0671, ext. 2421, or
gis-info@cherokee.org, or http://www.cherokee.ore/extras/events/gis
COMPLIANCE ASSISTANCE CENTERS
• Each Compliance Assistance Center addresses real world issues faced by a specific
•-,
industry or government sector. The Centers deliver information in many forms: websites,
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.
http://www.assistancecenters.net
• CCAR-GreenLink®, 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.
http://www.ccar-greenlink.org
• ChemAlliance offers regulatory information for the chemical process industries.
http://www.chemalliance.org
• Printers' National Environmental Assistance Center is a direct conduit to experts and
reliable information on environmental issues related to the printing, publishing and
packaging industry, http://www.pneac.ore
• Transportation Center offers simple environmental solutions for the transportation
industry, http://www.transource.org
• The Paint and Coatings Resource Center delivers regulatory and pollution prevention
information, either directly to businesses engaged in painting and coating or indirectly
through the technical assistance community, http://www.paintcenter.org
December 2005 Draft for Review
Appendix E-4
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National Metal Finishing Center 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.
http://www.nmfrc.org
The Printing and Wiring Board Resource Center provides easy-to-use, in-depth technical
information on pollution prevention and regulatory compliance, http://www.pwbrc.org
FedSite is a virtual compliance assistance center providing information on environmental
regulations, pollution prevention, and policies affecting federal agencies.
htto ://www. fedcenter.gov
The Local Government Environmental Assistance Network 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). www.leeian.com
1 Environmental Compliance for Automotive Recyclers 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, http://www.ecarcenter.org
Construction Industry Compliance Assistance Center is a place to find plain language
explanations of environmental rules for the construction industry. The Center also
provided are links to detailed information, including state regulations and other resources.
http ://www.cicacenter .org
The Border Compliance Assistance Center 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 records; procedures at
ports of entry; rules for travel on different highways in different states; and delivering
your load, http://www.bordercenter.org
December 2005 Draft for Review
Appendix E-5
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WASTE ISSUES IN INDIAN COUNTRY
http://www.epa.e6v/tribaimsw
SOI
http
.ID WASTE MATERIAL
://www.epa.gov/epaoswer/non-hw/tribal/ resource.htm
Tribal Decision Makers Guide to Solid Waste Management, November 2003.
http ://www.epa.gov/epaoswer/non-hw/tribal/resource.hmi#dmg
Decision Maker's Guide to Solid Waste Management.
http://www.epa.gov/epaoswer/non-hw/muncpl/dmg2.htm
Criteria for Solid Waste Disposal Facilities: A Guide for Owners and Operators.
http://www.epa.gov/epaoswer/non-hw/muncpl/criteiia.htm
Guide for Initiating Solid Waste Management Planning on Indian Lands, contact Faith
Williams, DOI,BIA.
Site-Specific Flexibility Requests for Municipal Solid Waste Landfills in Indian Country,
Draft Guidance, http://www.epa.gov/epaoswer/n6n-hw/tribal/regs.htm
Source Reduction Program Potential Manual: A Planning Tool
http://www.epa.gov/epaoswer/non-hw/reduce/source.pdf
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 1-800-424-9346 or rcra-docket(q),epamail.epa.gov
Open Dump Cleanup Project Helps Tribes Fight Waste.
http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/opendump.pdf
Waste Reduction Tips for Hotels and Casinos in Indian Country.
http://www .epa.gov/epaoswer/non-hw/tribaypdfbct/casinotips.pdf
Training and Technical Assistance Directory for Tribal Solid Waste Managers.
http ://www .epa. gov/epaoswer/non-hw/tribal/pdftxt/training.pdf
Grant Resources for Solid Waste Activities in Indian Country.
http://www.ep'a.gov/epaoswer/non-hw/tribal/resource.hmi#grants
Publications on Solid Waste Management in Indian Country.
http://www.epa.gov/epaoswer/non-hw/tribal/resource.htm
1998 Report on the Status of Open Dumps on Indian Lands (Published by the Indian
Health Service).
www.ihs.eov/Dublicinfo/publications/ihsmanual/508remed%5Fouttakes%5Fstaee/toc.asD
December 2005 Draft for Review
Appendix E-6
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Partnerships in Solid Waste Management 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.
http ://www.epa. go v/eDaoswer/non-hw/tribal/pdftxt/partner.pdf
Site-Specific Flexibility Requests for Municipal Solid Waste Landfills in Indian Country.
This draft guidance document describes a process by which MSWLF owners and
operators in Indian country can request design and operating flexibility.
http://www.epa.gov/tribalmsw/pdftxt/siteflex.pdf
Preparing Successful Solid Waste Grant Proposals. Describes procedures that tribes and
Alaska Native Villages can follow when applying for solid waste management grants.
http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/grant.pdf
Landfills in the Bush: A Guide to Opening, Maintaining, and Closing Remote Solid Waste
Sites. 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. http://ww.avcp.org "
Recycling Guide for Native American Nations provides information on setting up a
recycling program (collecting materials, staffing, educating the community, and reducing
waste), creating recycling jobs, and buying recycled products.
http://www.epa.gov/epaoswer/non-hw/triba1/pdftxt/ntverecy.pdf
State and Tribal Partnerships to Promote Jobs Through Recycling 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, http://www.epa.gov/epaoswer/non-hw/recvcle
Tribal Waste Journal: Alaska Villages Chart their own Course toward Solid Waste
Solutions, http://www.epa.eov/epaoswer/non-hw/tribal/pdftxt/twi-3.pdf
Tribal Waste Journal: Against Alt Odds: Transfer Station Triumphs.
http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/twi-2.pdf
Tribal Waste Journal: Respect Our Resources: Prevent Illegal Dumping.
http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/twi-l .pdf
Waste Transfer Stations: A Manual for Decision Makers.
htto ://www.ena. eov/earbaee/Dubs/wtsdmm.Ddf
December 2005 Draft for Review
Appendix E-7
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Design and Guidance for Installation of Final. Covers addresses the technical aspects of
closure and post-closure plans for each open dump in Indian Country, including how to
comply with Federal regulations, http://www.epa. gov/earthl r676pd/pd-u-sw/swguide.htm
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 provides information on 868 dumps,
including ownership, cover status, population served, location, dump contents, and other
details. http://www.ihs.gov/NonMedicalPrograms/DFEE/Solid W/l 998 ODReport/
1998OpenDumpsReport.pdf
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 1-800-424-9346, or rcra-
docket@epamail.epa.gov.
Publications on Solid Waste Management in Indian Country 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. http://www.epa.gov/tribahnsw/pdftxt/bib-slid.txt
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 1-800-424-9346 or rora-docket.epamail.epa. eov.
' December 2005 Draft for Review
Appendix E-8
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• Waste Transfer Stations: A Manual for Decision-Making 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, http ://www.epa.gov/garbage/pubs
SOUP WASTE - TRIBAL CODES
http://www.epa.gov/tribahnsw
• Case Studies of Successful Tribal Solid Waste Management Programs.
http://www.epa.gov/epaoswer/non-hw/tribal/tribprog.htm
• A Model Tribal Solid Waste Management Code by The Inter-Tribal Council of Arizona,
Inc. 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, http://www.itcaonlnie.com
• Campo Indian Reservation Solid Waste Management Code.
http://www.epa.gov/tribalmsw/pdftxt/jtcl0746.txt
• Inter-Tribal Council of Arizona Solid Waste Code Model provides information pertinent
to models of solid waste codes and compliance assistance related to such projects.
Contact Biter-Tribal Council of Arizona, Inc. at 602-248-0071.
http://www.epa.gov/epaoswer/non-hw/tribal/regs.htm
SOLID WASTE-BACKYARD BURNING
http ://www:epa. go v/garbage/backyard/ • ' ••
• Tribal Leaders are Key to Reducing Backyard Burning.
http://www.epa.gov/earbage/backyard/pubs/tribal-leaders.pdf
• Reducing Backyard Burning in Indian Country.
httD://wwwJepa.gov/garbage/backyard/pubs/tribal_member.pdf
HAZARDOUS WASTE MATERIAL
• RCRA Orientation Manual 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.
http://wwwJej)a.gov/epaoswer/general/orientat
• Hazardous Waste Identification describes how to identify whether and why waste is
hazardous, http://www.epa.fiov/epaoswer/hazwaste/id
December 2005 Draft for Review
Appendix E-9 'f
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• • Hazardous Waste Clean-Up Information, http://www.clu-in.org
• Catalog of Hazardous And Solid Waste Publications lists frequently requested hazardous
and solid waste documents released by EPA.
http://www.epa.gov/epaoswer/osw/catalog.htm
• RCRA, Superftmd and EPCRA Hotline Training Module: Introduction to: Hazardous
Waste Identification, http://oaspub.epa.gov/webi/meta first new2.trvthese_first
• FEMA 's Community Emergency Response Training (CERT) for Tribal Nations.
http://www.fema.gov/regions/vii/cert 1209Q2.shtm
• North American Indian Tribes and Nations: Emergency Response Resources.
http://www.trex-center.org/tribal er.asp
• 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
devise a community hazardous materials plan. Offers a step-by-step guide and check list
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.ccthita-swan.org/Tutorials/training.cfin
• 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 1-800-624-8301.
* Rural Community Assistance Program provides technical, financial management, and
managerial support and training to tribal and rural communities with populations under
10,000. http://www.rcap.org/swp.html
• Training Exchange Website. 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, http://www.trainex.org
• 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.
December 2005 Draft for Review Appendix E-10
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• 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. Simonson.davy@epa.gov
CONSTRUCTION AND DEMOLITION WASTE
http://www.epa.gov/epaoswer/non-hw/debris-new/pub nav.htm
• Construction Industry Compliance Assistance Center (see page B-5).
• EPA's Construction and Demolition Debris Publications provides fact sheets, case
studies, and references to applicable federal regulations.
http://www.epa.gov/epaoswer/non-hw/debris-new/pub nav.htm
• Characterization of Building-Related Construction and Demolition Debris in the United
States 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, http://www.epa.gov/epaoswer/hazwaste/sqg/c&d-rpt.pdf
• Residential Construction Waste Management: A Builder's Field Guide: How to save
money and landfill space 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, http://www.ilsr.org/recycling/buildingdebris.pdf
• Builder's Guide to Reuse and Recycling: A Directory for Construction and Demolition
Materials (Non-EPA Publication) provides practical, cost-saving tips for building
professionals on recycling asphalt, glass, and related materials.
http://www.stopwaste.org/docs/2003bg.pdf
• Construction and Demolition Waste Publications. 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.
http://www.epa.gov/tribalmsw/pdftxt/40cfr2S7.pdf
• Resource Efficient Residential Construction: Industry Web Directory. The Peaks to
Prairies Residential Environment website provides technical assistance and referrals,
industry contacts, and a database of resources and publications.
http://Deakstoprairies.org/p2bande/construction/CnstrMatrix.pdf
December 2005 Draft for Review
Appendix E-11
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Environmentally Sound Practices in the Homebuilding Industry 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.
http://www.mcet.org/spec proiect/mbicap.htm#Homebuilders
Construction and Demolition (C&D) Waste Management Guide 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.
http://peakstoprairies.org/p2bande/construction/c&dwaste/index.cfin
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.
UNDERGROUND STORAGE TANKS
http: //www.epa. eov/swerust 1
• EPA's Operating and Maintaining UST Systems provides a wide array of tools to help
owners and operators properly operate and maintain UST systems.
http://www.epa.gov/oust/ustsystm/tanko&m.htm
• Underground Storage Tank Environmental Results Program Workbook.
http://www.epa.gov/swerustl/pubs/erp.htm
• Operating and Maintaining Underground Storage Tank Systems: Practical Help and
Checklists 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, http://www.epa.gov/oust/pubs/ommanual.htrh
• ' Automatic Tank Gauging Systems for Release Detection: Reference Manual for
Underground Storage Tank Inspectors 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, http://www.epa.gov/oust/pubs/automati.htm
December 2005 Draft for Review Appendix E-l2
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• Underground Storage Tank Self-Evaluation Checklist, www.epa.gov/swerustl/cmplastc
• Underground Storage Tank Compliance Assistance Package 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.
htto ://www.eoa. gov/swerustl /cmplastc/cajxhtm
• Preventing Leaks and Spills at Service Stations: 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.
http://www.epa.gov/region09/waste/ust/index.hmilffindian
EMERGENCY PLANNING
• Emergency Management Framework for Tribal Government Toolkit contains resources to
build emergency management capabilities. Provides information on legal requirements,
risk analysis, emergency operations planning, resource management, and communication
and outreach strategies, htto ://www.humtech.com/fenia/Tribal
MINING WASTE IN INDIAN COUNTRY
• Publications on Mining Waste Management in Indian Country provides access to
publications and regulations that will help you meet the challenges of managing mining
waste, http://www.epa.gov/tribahn5w/pdfbct/biblio.pdf
• Mining Waste Rulemaking Docket Supporting Documentation 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, http://www.epa.gov/epaoswer/other/minirig.htm
f Land Disposal Restrictions, Phase TV, Proposed Rule - Treatment Standards Proposed
for Toxicity Characteristic (TC) Metal and Mineral Processing Wastes - April 1997.
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.
htto ://www. eoa. gov/eoaoswer/hazwaste/l dr/ldr-rul e.htm
December 2005 Draft for Review
Appendix E-13
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MILITARY MUNITIONS WASTE
• EPA's Military Munitions Final Rule. Military munitions waste 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.
http://www.epa.gov/epaoswer/hazwaste/militarv/index.htni
• Military Munitions Regulations. 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).
www.epa.gov/docs/fedrgstr/EP A-WASTE/1997/Februarv/Dav-l 2/O218.htm
• Environmental Fact Sheet: EPA Finalizes Regulations under RCRA for Military
Munitions, www.epa.gov/epaoswer/hazwaste/military/muns_fs.txt
• Department of Defense Policy to Implement the EPA's Military Munitions Rule.
This document interprets the requirements of EPA's Military Munitions Rule and
establishes Department of Defense policy for the management of waste military
munitions. www.denix.osd.mil/denix/Public/Policy/Range/ljuly98mrip.htm]
RADIOACTIVE MATERIALS
• The Transportation Resource Exchange Center (T-REX) is a comprehensive website
where you will find the answers to complex questions surrounding radioactive materials
transportation, http://trex-center.org
WATER RESOURCES
PUBLIC WATER SYSTEMS
• EPA's Tribal Public Water System & Underground Injection Control Programs website
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.
http://www.epa.gov/safewater/tribal/historv.html
• EPA's Office of Ground Water & Drinking Water, Small Drinking Water Systems website
contains a wealth of information pertaining to small drinking water systems.
http://www.epa.gov/ogwdw/smallsvs/ssinfo.htm
• EPA's Drinking Water Academy provides classroom and Web-based training and
materials pertaining to SDWA implementation, http://www.epa.gov/safewater/dwa.html
December 2005 Draft for Review Appendix E-14
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• EPA's Drinking Water Infrastructure Grants Tribal Set-Aside Program.
http://www.epa.gov/safewater/tribes.html
• EPA Region 10 Tribal Water Program. http://vosemite.epa.gov/rlO/water.nsfybbb2eObec
35db236882564f700671163/655b3ea54e3baOa388256a8c007ac4be?OpenDocumerit
• EPA's Radon in Drinking Water website, http://www.epa.gov/iaq/radon/rnwater.htmi
• 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.mark@epamail.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.
http://www.nawainc.org
• US Geological Survey Drinking Water Programs, http://water.usgs.gov/owq/dwi
• Association of State Drinking Water Administration Internet Resources.
http://www.asdwa.org/links.html =
• 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 pfetreatment
facility inspectors and environmental compliance inspectors, http://www.owp.csus.edu
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, http://www.nesc.wvu.edu
• 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 who work with them. It offers training and free telephone
consultation. http://www.nesc.wvu.edu/ndwc/ndwc_index.htm
• 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. http://www.susc.org/REG X.html
December 2005 Draft for Review Appendix E-15
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WASTEWATER MANAGEMENT
• EPA's Office of Wastewater Management, Clean Water Indian Program website details
tribal financial assistance programs and initiatives, contacts, publications and success
stories. httpi//www.^pa.gov/owin/mab/indiai>/indeXihtni
• 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. http://www.epa.gov/QW-OWM.htmVmab/indian/cwtrd.htm
• EPA's Total Maximum Daily Loads website, http://www.eoa,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, http://alaska.nafws.org
• National Environmental Training Center for Small Communities.
http://www.nesc.wvu.edu/netcsc/Institute04/INSTITUTE2004MAINPAGEl.htm
• EPA's Tribal Water Quality Standards Document Repository.
http://www.epa.gov/waterscience/standards/wqslibrarv/tribes.h1ml
•. 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, http://epa.gov/waterscience/tribes/videoreal.htm
• 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. http://epa.gQy/waterscience/tribes/refguide.pdf
• Water Quality Standards Training Academy offers basic and intermediate training on the
entire range of water quality and water standards issues.
http://epa.gov/waterscience/standards/academy.html
• Watershed Training Courses, http://www.epa.gov/owow/watershed/wacademy/
• Water Quality Reporting provides information on the water quality monitoring and
reporting required by CWA 305(b). http://www.epa.gov/owow/monitoring/monintr.html
• EPA's Clean Lakes Program website describes the processes related to identification and
implementation of pollution controls to mitigate lake water quality problems. Contact
EPA Regional Nonpoint Source Coordinators or EPA Regional Indian Coordinators.
http ://www.epa. eov/owow/lakes/
December 2005 Draft for Review
Appendix E-16
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WETLANDS MANAGEMENT
• EPA's Wetlands website contains information wetlands, why they are important, and how
the can be protected. Contact the Wetlands Hotline at 800.832.7828.
http://www.epa. gov/owow/wetlands
• 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, http ://www.epa. eov/owow/wetlands/waterqualitv/index.html
UNDERGROUND INJECTION CONTROL
• EPA's Underground Injection Control Program website.
http://www.epa.gov/safewater/uic/index.html
• Protecting Drinking Water Through Underground Injection Control: Drinking Water
Pocket Guide #2 provides an overview of the U1C 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 1-800-426-4791.
http://www.epa.gov/safewater/uic/uicpocket.html
• 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. http://www.itcaonline.com/program usthtml
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. http://www.epa.gov/safewater/protect/tribe.html
• EPA's Wellhead Protection (WHPP) Program is a pollution prevention and management
program used to protect underground based sources of drinking water.
http://www.epa.gov/safewater/whpnp.html
• Source Water Training from EPA's Drinking Water Academy.
htt://www.ea.ov/safewater/dwa/course-sourcerotect.html
& Annotated Bibliography of Source Water Protection Materials.
http://www.epaJgov/safewater/protect/swDbibliograohv .
December 2005 Draft for Review Appendix E-17
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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. http://www.epa.gov/air/tribal/tar.html
TRAINING - AIR POLLUTION
• Air Pollution Training Institute 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, http://www.epa.gov/air/oaqps/eog/index.hmil
• Basic Concepts in Environmental Science: Air Pollution Training 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.
http://www.epin.ncsu.edu/apti/ol 2000
• American Indian Air Quality Training Program provides air quality training to tribes
through a cooperative agreement between EPA and Northern Arizona University's
Institute for Tribal Environmental Professionals.
http://www4.nau.edu/itep/programs/aiaqtp.asp
AIR QUALITY AND MONITORING
• Tribal Air Monitoring Center 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, http://www4.nau.edu/tams
• Ambient Air Monitoring Program is a national network of air monitoring stations that
provide raw air quality data and source inventory data submitted to air pollution control
agencies, http://www.epa.gov/oar/oaqps/qa/monprog.html
• EPA's Technology Transfer Network 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, http://www.epa.gov/ttn
December 2005 Draft for Review
Appendix E-18
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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
206-553-4762 or carlin.j ayne(5).epa.gov
• Common Questions on Asbestos - NESHAP provides information on protecting the public
health by minimizing the release of asbestos during building demolition.
http://www.epa.gov/region04/air/asbestos/a5bqa.htni
• Regional Radon Training Centers develop information and provide training to
government officials, professional and private firms, and the public on radon health risks
and methods of radon measurement and mitigation. Contact 1-800-513-8332.
http://www.epa.gov/iaQ/radon
PESTICIDES
http://www.epa.gov/pesticides
• The National Agriculture Compliance Assistance Center is the "first stop" for information
about environmental requirements that affect the agricultural community. The Ag Center
was created by EPA with the support of the Department of Agriculture.
http://www.epa.gov/agriculture
• EPA's Office of Pesticide Program's 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, http://www.epa.gov/oppfeadI/tribes
i
• OPPT's Publications, http://www.epa.gov/opptintr/tribal/pubs.html
• Tribal Pesticide Program Council 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, http://www.epa.gov/oppfeadl/tribes/tppc.htm
• Guidance on Basic Elements of an EPA-Funded Tribal Pesticide Program 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.
http://www.epa.gov/oppfeadl/tribes/guidance.htm
• National Pesticide Information Center, http://npic.orst.edu
• OPP's Technical Tools and Models for pesticide programs.
http://www.epa.gov/epahome/datatool.htni
• OPPT Programs, Resources, and Grant Opportunities for Indian Tribes.
httD://www.epa.aov/o0otintr/tribal/pubs.html
December 2005 Draft for Review Appendix E-19
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Pesticide Action Network Pesticide Database website brings together a diverse array of
information on pesticides from many different sources, including information on toxicity
and regulations. The website is not peer reviewed, http ://pesti cideinfo.org
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 website 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, http://npic.orst.edu
Through the CalEPA Department of Pesticide Regulation website, 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.
http://www.cdpr.ca.gov/docs/epa/m2.htm
Pesticide Regulatory Education Program provides classroom and field instruction on the
regulation of pesticides. Contact Suzanne Forsyth at 530-757-8603 or John Ward at 312-
353-9510. http://www.prep-gov.net
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.amar@epa.gov.
Integrated Pest Management Information Service 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.
http://www.efh.org/~jpmpa
TOXICS
EPA's Empowering Communities to Reduce Risks from Toxic Exposure 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.
http://www.qja.gov/air/grants/05-08.pdf
National Institutes of Health: Toxics on the Web provides an introduction to toxic
chemicals and environmental health risks you might encounter in in everyday places.
http://toxtown.nhn.nih.gov/index.html .
The Forum on State and Tribal Toxics Action 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. http://www.epa.gov/opptintr/tribal/fostta.htm
December 2005 Draft for Review
Appendix E-20
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SCHOOLS
GENERAL
EPA's Healthy School Environments webpages are to help facility managers, school
administrators, architects, design engineers, school nurses, parents, teachers and staff
address environmental health issues in schools, http://cfpup.epa.gov/schools/index.cmi
EPA's Children's Health Protection 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 population.
http://12.46.245.173/pls/portal30/CATALOG.PROGRAM TEXT RPT.SHQW?p are n
ames=prog nbr&p are values=66.609
http://yosemite.epa.gov/ochp/ochpweb.nsf/homepage
BIA's Office of Indian Education Programs is responsible for direction and management
of all BIA education functions, including the formation of policies and procedures,
supervision of all program activities undertaken within the office's jurisdiction, and the
approval of the expenditure of funds appropriated for the BIA Indian education functions.
http://www.oiep.bia.edu/www.oiep.bia.edu
National Best Practices Manual for Building High Performance Schools.
http://www.rebuild.org/Lawson/attachments/ESSBestPracticesHighPerfSchools.pdf
Best Practices for Controlling Energy Costs, A Guidebook for K-12 School System
Business Officers and Facilities Managers.
http://www.rebuild.org/attachments/solutioncenter/schoolenergyguidebookv2.pdf
Healthy Schools Guide to Chemical Cleanout,
http://cfpub.epa.gov/schools/top sub.cfm?t id=361&s id=365
HIGHER EDUCATION
• The American Indian Higher Education Consortium represent 34 colleges in the United
States and one Canadian institution, http://www.aihec.org/college.htrn
• The American Indian Science & Engineering Society is a national, nonprofit organization
which nurtures building of community by bridging science and technology with
traditional Native values, http://www.aises.org/index.html
• The Office of the White House, Initiative on Tribal Colleges and Universities 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.
http://www.ed.gov/about/inits/list/whtc/edlite-index.html
• EPA's Colleges and University Sector Strategy website is a partnership to assist colleges
and universities and seeks to advance the use of environmental management systems,
December 2005 Draft for Review Appendix E-21
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reduce regulatory performance barriers, and measure environmental progress.
httD://www.ena.eov/sectors/colleees/index.html
ASBESTOS
• EPA's comprehensive website 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.eoa.gov/asbestos/asbestos in schools.html
• Common Questions on the Asbestos NESHAP.
http://www.epa.gov/region04/air/asbestos/asbqa.htm
DISPOSAL OF SPENT LABORATORY CHEMICALS
• EPA's Chemical Use and Management website 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.
http://cfpub.epa.gov/schools/top sub.cfm?tid=361
• NLM's Tox Town provides an introduction to toxic chemicals and environmental health
risks you might encounter in everyday life. National Library of Medicine, National
Institutes of Health, http://toxtown.nhn.nih.gov/index.html
• Chemicals in Your Community: A Guide to the Emergency Planning and Community
Right-to-Know Act explains a community's rights and opportunities under EPCRA. The
guide includes a section on tribes and their roles and responsibilities under EPCRA.
http://vosemite.epa.gov/oswer/cq3poweb.nsf/webprintvi6W/chemicalsinvourcomniunitv.ht
ML
LEAD-BASED PAINT .
• How Mother Bear Taught the Children about Lead 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.
http://www.niehs.nih.gov/kids/bear/home.htm
• 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
quint@,ainop.com.
• EPA's training courses regarding lead-safe work practices during building renovation,
remodeling, rehabilitation, maintenance, sampling/evaluation, and abatement.
http://www.epa.gOV/l ead/traincert.htm
December 2005 Draft for Review
Appendix E-22
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EPA's Lead Awareness Program 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.
http://www.epa.gov/lead/index.html & http://www.epa.gov/lead/leadpbed.htm
Federal lead-based paint Rules and Regulations. http://www.epa.eov/lead/reeMlation.htm
The National Lead Information Center (NLIC) provides the general public and
professionals with information about lead hazards and their prevention. Call 1-800-424-
LEAD(5323). http://www.epa.gov/lead/nlic.htm
EPA's Regional Lead Coordinators oversee the development of lead-poisoning
prevention efforts and coordination with tribes, states, and local governments.
http://www.epa.gov/lead/leadofil .htm
The Department of Housing and Urban Development's Office of Healthy Homes and
Lead Hazard Control brings together health and housing professionals to eliminate lead-
based paint hazards in privately-owned and low-income housing.
http://www.hud.gov/offices/lead/index.cfrn
The Occupational Health and Safety Organization's Lead website.
http://www.osha.gov/SLTC/lead/index.hlml
Healthy Schools Network, Inc. is a national not for profit organization, centered on
children's environmental health, http://www.healthvschools.org
National Safety Council provides comprehensive information about lead based paint.
http://www.nsc.org/issues/leaoVindex.htm
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 brvson.iames@.epa.gov
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.
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
brvson.iames@epa.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
December 2005 Draft for Review
Appendix E-23
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course. The system tracks lead training and produces reports. Contact James Bryson,
Region 1 at 617-565-3836 or brvson.jamesM.html
POLLUTION PREVENTION
• EPA's Pollution Prevention Homepage provides general information about pollution
prevention practices, the various source reduction programs and initiatives administered
by EPA and other organizations, http://www.epa.gov/p2/
• The tribal Pollution Prevention Website is a collaborative effort between EPA and
various partners, is targeted to tribal leaders and environmental managers looking to
learn more about pollution prevention, including resource conservation and best
management practices, http ://tribalp2.org/
December 2005 Draft for Review Appendix E-24
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An Organizational Guide to Pollution Prevention 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. http://www.p2ric.org/CachedPages/printguid.pdf
Environmentally Preferable Purchasing Database 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.
http://www.epa.gov/oppt/epp/database.htm
Comprehensive Procurement Guidelines, 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.
httD://www.epa.gov/ct>g/index.htm
GREEN BUILDINGS
• Green Building/High Performance Buildings websites provides a comprehensive
overview of topics related to green buildings.
http ://www.epa. gov/greeribuilding. http://homes-acr6ss-america.org/. and
http://www.usgbc.org/
• Building Site Location & Smart Growth website provides comprehensive guide and
recommendations for optimizing site potential.
http://www.wbdg.org/design/sitejpotential.php
• Smart Growth website provides links and resources on development that serves the
economy, the community, and the environment.
http://www.epa.goV/sroartgrowth/
• Leadership in Energy and Environmental Design (LEED) Green Building Rating System
information on renovating existing buildings in a manner that maximizes operational
efficiency while minimizing environmental impacts.
http://www.usgbc.org/DisplavPaee.aspx?CMSPageID=;221
• LEED Information for Commercial Interiors, including maj or interior renovations
http://www.usgbc.org/Di splayPage.aspx?CMSPageID=l 45
. • Whole Business Design Guide is the gateway to up-to-date information on integrated
whole building design techniques and technologies, http://www.wbdg.org
• Guide to Designing for Deconstruction and Material Reuse associated with the selective
disassembly of buildings to reuse and recycle parts.
httD://www,epa,gov/epaosweT/non-hw/debris-new/reuse.htm
December 2005 Draft for Review Appendix E-25
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Federal Green Construction Guide for Specifiers 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.
http://fedgreenspecs.wbde.org
Green Indoor Environments Program provides information building greener, which
includes using healthier, less polluting and more resource-efficient practices
http://www.epa.gov/iaq/greenbuilding/
Comprehensive Guide to the Energy Star Program 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.
http://www.energvstar.gov/
EPA's Water Efficiency Program offers information on helping to reduce the need for
costly water supply and wastewater treatment facilities through water efficiency practices
and products.
http://www.epa.gov/owm/water-efrlciencv/
Non-Point Source Pollution Reduction Resources, including information on low-impact
development utilizing/retaining stormwater on-site, green roofs, rain gardens.
http://www.epa.gov/owow/nps/urban.htni]
Collecting Rainwater provides how-to-guides on constructing and installing a rain barrel
and rain garden.
http://www.cwp.org/Cornmiuiity Watersheds/brochure.pdf
Overview of Environmentally Beneficial and Water Efficient Landscaping.
http://www.epa.gov/greenscapes
Comprehensive Guide to the Green Power Partnership by offering information
everything needed to know about green power and how to purchase it.
http://www.epa.gov/greenpower
DOE's Gateway to Energy Efficiency and Renewable Energy Resources.
http://www.eere.energy. eov/
HEALTH CARE AND HOSPITALS
• Hospitals for a Healthy Environment is designed to help healthcare facilities enhance
work place safety, reduce waste and waste disposal costs and become better
environmental stewards and neighbors, www.h2e-online.org
• Healthcare Guide to Pollution Prevention Implementation through Environmental
Management Systems is a comprehensive resource for understanding the components of
an EMS and for developing an EMS specific to a healthcare facility.
www.eDa.gov/resdon02/healthcare.
December 2005 Draft for Review
Appendix E-26
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Sustainable Hospitals Project supports the healthcare industry select products and work
practices that reduce occupational and environmental hazards.
www.sustainablehospitals.org
EPA's Profile of the Healthcare Industry and the www.HERCenter.org provide detailed
compliance and pollution prevention information on the healthcare sector. The
Healthcare Profile is available at www.HERCenter.org/links
NATIONAL ENVIRONMENTAL POLICY ACT
• EPA's Office of Federal Activities website provides information on the NEPA
compliance program, http://www.epa.gov/compliance/nepa/index.html
• .The White House Council on Environmental Quality's NEPAnet Tribal Information
provides information on CEQ Guidance and Executive Orders Related to Native
Americans, http://ceq.eh.doe.gov/nepa/tribes.htm
• NEPA and TEPA handbook. http://www.tulalip.nsn.us/TERC%20Web%20
Pages files/TERC%20Web%20Pages files/Home%20Page fi1es/Paee494.htm
• Tribal Environmental Review Clinic 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. http://www.tulalip.nsn.us/TERC%20Web%20
Pages files/TERC%20Web%20Pages files/Home%20Page.htm
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).
http://www.epa. gov/comph'ance/nibal/strategv.htrnl
• Executive Order 13175, Consultation and Coordination with Indian Tribal Governments
(November 2000). http://www.epa.gov/fedrgstr/eo/eol3175.htm
• EPA Policy for the Administration of Environmental Programs on Indian Reservations
(Novembers, 1984). http://www.epa.gov/superfund/tools/topics/relocation/poLicy.htni
• Guidance on the Enforcement Principles Outlines in the 1984 Indian Policy (January, 17,
2001). http://www.epa.gov/compliance/Dlanning/tribal/strategv.html
• EPA Region 4 Policy and Practices for Environmental Protection in Indian Country
(November, 2001). http://www.epa.gov/region4/ead/indiaTi/r4 policv.html
December 2005 Draft for Review
Appendix E-27
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EPA Region 5 Direct Implementation Strategy for Indian Country for Fiscal Year 2004.
http ://www.epa. gov/Region5/tribes
EPA Region 8 Guidance for Compliance Monitoring, Compliance Assistance and
Enforcement Procedures in Indian Country (January 10,2001).
http://www.epa.gov/region8/tribes/r8enf.html
FEDERAL EXECUTIVE BRANCH RESOURCES
DEPARTMENT OF AGRICULTURE
• Guide to USDA Programs for American Indians and Alaska Natives.
http ://www.usda. gov/news/pubs/indians/open.htm
• Forest Service National Resource Guide to American Indian and Alaska Native
Relations. http://www. fs.fed.us/people/tribal
DEPARTMENT OF COMMERCE
• U.S. Census Bureau's American Indian and Alaska Native Data and Links.
http://factfinder.cen5us.gov/home/aian/index.html
DEPARTMENT OF DEFENSE
• Office of the Deputy Under Secretary of Defense For Installations and Environment
developed the Native American Environmental Tracking System to track information
regarding environmental impacts on tribal lands.
https://www.demx.osd.mil/demx/Public/Native/native.htrnl
DEPARTMENT OF ENERGY
• Office of Intergovernmental and Public Accountability 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.
http://web.em.doe.gov/public/index.html
• The Native American Treaties and Agreements are a collection of Executive Orders,
Treaties, Proclamations, and Memorandums concerning United States policy on Native
American affairs, http://www.ci.doe.gov/indianbk.cdf
December 2005 Draft for Review Appendix E-28
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Indian Health Services' (MS) mission is to raise the physical, mental, social, and spiritual
health of American Indians and Alaska Natives to the highest level. http://www.ihs.gQv
• The National Library of Medicine's American Indian Health website is designed to bring
together health and medical resources pertinent to the American Indian population,
including policies, consumer health information, and research.
http://americanindianhealth.nlm.nih.gov
• Department of Health and Human Services - Consultation with American Indian/Alaska
Native Tribes and Indian Organizations.
http://www.ihs.gov/AdminMngrResources/Regulations/deptpoh'cy.asp
• Agency for Toxic Substances and Disease Registry's Office of Tribal Affairs.
http://www.atsdr.cdc.gov/tribal
• The Administration for Native Americans serves all Native Americans, including 562
federally recognized tribes, American Indian and Alaska Native organizations, Native •
Hawaiian organizations and Native populations throughout the Pacific basin (including
American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands).
http://www.acf.hhs.gov/program5/ana/
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
• Housing and Urban Development, Office of Native American Programs.
https://www .hud.gov/offices/pih/index.cfin.gov.
• Code Talk is a federal inter-agency Native American website 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.
http://www.codetalk.fed.us
DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs, http://www.doi.gov/bureau-indian-affairs.html
• Bureau of Land Management 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, http://www.bkn.gov/nhp/index.htm
• Tribal Preservation Program of the National Park Service assists Indian tribes in
preserving their historic properties and cultural traditions. The website offers links to
cultural resource and historic preservation material, http://www.cr.nps.gov/ailo
• The National Native American Graves Protection and Repatriation Act (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
December 2005 Draft for Review Appendix E-29
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System. National NAGPRA is a program of the National Park Service's National Center
for Cultural Resources, http://www.cr.nps.gov/nagpra
• Native American Library of the Department of the Interior.
httpj//Iibrarv.doi.gov/interoet/native.html#news
• Office of Native American Liaison at the U.S. Fish and Wildlife Service identifies areas
where both Federal and tribal conservation efforts can most effectively conserve fish,
wildlife, plants, and their habitats, http://nativeamerican.fws.goy
• The Bureau of Reclamation's Native American Program serves as the central
coordination point for the Native American Affairs Program and is Reclamation's policy
lead for all Native American issues, http://www.usbr. gov/native
• The U.S. Geological Survey's American Indian/Alaska Native Coordinating Team
establishes policy and to coordinates USGS activities, http ://www.usgs. gov/mdiari
• U.S. Geological Survey's Indian Land Maps 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.
http://rockvweb.cr.usgs.gov/public/outreacfi/lewisclark/ind
• American Indian Liaison Office at the National Park Service 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. http://www.cr.nps.gQV/ai1o/ailohornje.htm
DEPARTMENT OF JUSTICE
• The Office ofTribalJustice (OTJ) 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, http ^/www.usdoj. gov/otj/index.html
DEPARTMENT OF LABOR
• Division of Indian and Native American Programs in the Employment & Training
Administration 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, http ://www.doleta.gov/DINAP
DEPARTMENT OF TRANSPORTATION
• DOT's Federal Highway Administration provides guidance and technical assistance to
tribes about transportation concerns, http://www.fliwa.dot.gov/hep/tribaltrans/index.htm
December 2005 Draft for Review
Appendix E-30
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ENVIRONMENTAL PROTECTION AGENCY
• American Indian Environmental Office 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.
http://www.epa.gov/indian
FEDERAL COMMUNICATIONS COMMISSION
• Federal Communications Commission is a resource for tribal governments, organizations
and consumers in expanding telecommunication services in Indian country.
http://www.fcc.gov/indians
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
• The Advisory Council on Historic Preservation 's 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 website offers
information on their ACHP Native American Program and related Guidance for Federal
Agencies and Tribal Historic Preservation Officers, http://www.achp.gov
UNITED STATES CONGRESS RESOURCES
• United States Senate, Committee on Indian Affairs 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, http://indian.senate.gov/index.html
• Office of Native American and Insular Affairs - Committee on Resources - United States
House of Representatives, http://resourcescommittee.house.gov/subcommittees/naia.htm
• The Library of Congress' Guide to Law Online 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 lay persons is also included, as is government sites
providing general information, http://www.loc.gov/law/guide/usnative.html
December 2005 Draft for Review
Appendix E-31
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, TRIBAL ENVIRONMENTAL LAWS. AND FEDERAL INDIAN LAW
Native American Constitution and Law Digitization Project 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, http://thorpe.ou.edu
Cornell Legal Information Institute's website contains a list of legislation that pertains to
Indian Law, with links to the full text of the legislation.
http://www.law.corneU.edue/topics.indian.html
University of North Dakota's Tribal Environmental Law Project focuses on
environmental justice concerns in Indian Country.
http://www.law.und.nodak.edu/NPILC/telp.html
Findlaw's Subject Guide to Indian Law website includes summaries of law, links to
documents, briefs, articles and books, message boards, and firms online.
http://www.findlaw.com/01topics/21Indian/index.html
Tribal Environmental Law Virtual Library at Vermont Law School offers tribal codes,
rules, and laws. Also included are "model" or "template" codes and analytical papers by
scholars and practitioners, http://www.vermontlaw.edu/elc/index.cfin7doc id=l 66
Handbook of Federal Indian Law by Felix S. Cohen, http ://thorpe. ou. edu/cohen.html
National Tribal Environmental Council, http://www.ntec.org
University of Colorado at Boulder's Native American Treaties and Information website.
http://ucblibraries.colorado.edu/govpubs/us/native.htm
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 - http://www.narf.org/nill/tribaldocs.htmPconstitutions
• • Codes - http://www.harf.org/nill/tribaldQCS.hmilifcodes
Tribal Court Clearinghouse is designed as a resource for tribal justice systems and others
involved in the enhancement of justice in Indian country, http://www.tribal-institute.org
Tribal Ordinance/Code Development Resources of the Institute for Tribal Environmental
Professionals at Northern Arizona University, www4.nau.edu/eeop/tocd_resources.html
Building Support for the Development of the Hualapai Tribal Court by Michael S.
Goldstein. Harvard Project oh American Indian Economic Development.
htro://www.ksg.harvard.edu/hoaied/pubs/pub 061 .htm
December 2005 Draft for Review Appendix E-32
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LINKS TO TRIBAL GOVERNMENT WEBSITES
• Tribal Directory from The American Indian Heritage Foundation website.
httD://www.indians.org/Resource/FedTribes99/fedtribes99.html
• EPA Region 10's EPA Region 10's links to federally-recognized Indian tribes.
http://vosemite.epa.gov/rl 0/tribaLnsf/4bldS4516ad8884f8825682400645235/6S I02c049
5a7764e8825696e007a7e9a?ODenDocument
OTHER ENVIRONMENTAL WEBSITES
• NativeWeb 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, http://www.nativeweb.org/info
• Native Americas Journal is the award-winning publication of Akwe:kon 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, http://nativeamericas.aip.comell.edu
• WWW Virtual Library - American Indians is an index of Native American Resources on
the Internet. http://www.hanksyille.org/NAresources
• Native Americans and the Environment 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.
http://www.cnie.org/NAE
December 2005 Draft for Review
Appendix E-33
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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) are
provided to facilitate access to a database of federal program financial assistance
(www.cfda.gov). For EPA-specific funding opportunities go to
htto://www.epa.gov/ogd/grants/fundingL opportunities.htm or contact the people listed in
Appendix^.
Air Resources F-2
Multimedia Resources F-3
Educational Resources F-5
Research & Science F-6
Pesticide Resources F-7
Lead Resources : F-7
Waste Resources F-8
Solid Waste F-8
Hazardous Waste F-9
Pollution Prevention F-9
Water Resources F-9
Water Quality Standards F-9
Water Pollution F-9
Watershed Programs F-10
Wetlands F-ll
Underground Injection Control Program ...., ... F-12
Water Emergencies F-12
Drinking Water F-13
Enforcement and Compliance Assurance Program F-13
December 2005 Draft for Review
Appendix F-l
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Draft Profile of Tribal Government Operations
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. *
Contact: http://www.epa.gov/air/grants/05-07.pdf
http://www.epa.gov/air/grants^funding.html#indoor
• Indoor Radon Grants (CFDA: 66.032)
Purpose: Support the development and implementation of radon programs and
projects reducing radon risks.
Contact: Regional Air Program Contacts or EPA Headquarters at (202) 564-9439.
December 2005 Draft for Review
Appendix F-2
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I
I
Sector Notebook Project
Draft Profile of Tribal Government Operations
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 http://www.epa,gov/indian/pdfs/gap2000.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: http://12.46.245.173/pls/Dortal30/GATALOG.PROGRAM TEXT RPT.S
HOW?p argjiames=prog nbr&p argjvalues=:66.60S
• 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. DTTCAs 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.
Contact: Regional Indian Program Contacts
http://l2.46.245.173/pls/portal30/CATALQG.PROGRAM TEXT RPT.S
HOW?p argnames;=prog^nbr&pjggLyalues=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; 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: httD://www.eDa.eov/oig/reoorts/2005/20050323-200S-P-00012-Gcopv.Ddf
December 2005 Draft for Review
Appendix F-3
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Draft Profile of Tribal Government Operations
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: http://www.epa.gov/region4/oeapage5/00press/000530.htm
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 gepspatial), analysis, and integration capabilities. The funding
will also support mentoring, planning and training activities related to the
Exchange Network.
Contact: http ://www.epa.gov/exchangenetwork/grants
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.
Contact: http://www.epa. gov/air/grants/Q5-084)df
Environmental Policy and Innovation Grants (CFDA: 66.6 1 1 )
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: htto://l 2.46.245. 1 73/ls/ortal30/CATALQG.PROGRAM TEXT RPT.S
The EnvironmentalJustice 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."
hJ3p://www.epa.gov/CQmpliance/environmentaljustice/grants/ej-cps-grants.
html
Contact:
December 2005 Draft for Review
Appendix F-4
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Draft Profile of Tribal Government Operations
• 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: http://www.epa. gov/compliance/environmentaljustice/gTants/ei smgrants.
html
• The Guide to Federal Grant Resources for Community Organizations, Tribal
Organizations, and Tribal Governments
Purpose: Identifies 44 federal environmental protection grant. 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: http://www.mnisose.org/guidebook/gbindex.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^
Contact: http://www.epa.gov/seahome/grants.html
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: http://l2.46.245.l73/pls/portal30/CATALOG.PROGRAM TEXT RPT.S
HOW?p are names^rog nbr&p are values=66.950 and
—•••.^w^—•miWB^^.^__^^M^Bn^^_«w^^^^_«4^WWH^v__H^^_i^—I^^«B^^M^_^^~W»H-. m
http://www.epa.gov/enviroed/educate.html or Kathleen MacKinnon at:
mackinnon.kathleen@epa.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: http ://www.epa.gov/enviroed/ grants.html
• 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: http://vosemite.epa.gov/och.p/bchpweb.nsfycontent/grants.htm
December 2005 Draft for Review
Appendix F-5
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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: http:'//l 2.46.245. 1 73/pls/portal30/CATALOG.PROGRAM TEXT RPT.S
HOW? arnames=ronbr&ar values=66;509
Office of Research and Development Consolidated Research: Surveys, Studies,
Investigations and Special Purpose 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: http://es.epa.gov/ncer/
Environmental Protection Consolidated Research (CAA 103, CWA 104, SWDA 800 J,
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: http://12.46.245. 173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.S
HOW?p_arg_names=^)rog_nbr&p_arg_values=66.5 10
Surveys, Studies, Investigations and Special Purpose Grants (CFDA: 66.606)
Purpose: Support surveys, studies, investigations, and special purpose assistance for
the award of Congressional earmarks and multimedia grants only.
Contact: http://12.46.245. 173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.S
HOW?p_arg_names=prog_nbr&p_arg_values=66.606
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: http://l 2.46.245. 1 73/pls/portal30/CATALOG.PROGRAM TEXT RPT.S
HOW?p arg^names=prog nbr&p are values:=66.61 0 and
http://www.epa.gov/osdbu
December 2005 Draft for Review
Appendix F-6
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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.
Contact: http://12.46.245.173/Dls/portal30/CATALOG.PROGRAM TEXT RPT.S
HOW?p are names^rog nbr&p argujvalues=66.931 and
http://www.epa.gov/oia
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 mat reflect "beyond compliance" behavior
and offer incentives or rewards for superior environmental performance.
To encourage and promote change mat is systems-oriented and enables
better results.
Contact:
htto://www .epa.gov/innovation/stategrants
Pesticide Resources
• The National Agriculture Compliance Assistance Center provides comprehensive
information about financial resources. Created by EPA with the support of the
Department of Agriculture.
http ://www. epa. gov/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: http://cfpub.epa.gov/fedfund/program.ctrn7prog num=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: http://www.epa.gov/oppfeadl/tribes/grants.htm
Lead Resources ,
• The Lead Program ensures that individuals conducting lead-based paint activities in target
housing and child-occupied facilities are properly trained and certified.
http://www.epa.gov/lead/leadpbed.htmffgrants
• The Occupational Health and Safety Organization's Web site addresses regulatory issues
associated with lead in the workplace. http://www.osha.gov/SLTC/lead/index.html
December 2005 Draft for Review
Appendix F-7
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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: http://www.epa.gov/epaoswer/non-hw/tribal/finance.htmtfepaj3ubs
• 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: http://www.epa.gov/tribalmsw/pdftxt/metagran.txt
• Interagency Project to Clean Up Open Dumps
Purpose: Assists with the closure or upgrade of open dump sites and completing and
implementing comprehensive, integrated waste management plans.
Contact: . Regional solid waste Contacts or http://www.epa.gQv/epaoswer/non-
hw/tribal/finance.htm#fV2005
• 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-docket@epamail.epa.gov
• The Rural Community Assistance Program
Purpose: Provides technical, financial management, and managerial support and
training to tribal and rural communities with populations under 10,000.
Contact: www.rcao.ore/swp.html
December 2005 Draft for Review
Appendix F-8
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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
http://www.epa.gov/tribalmsw/finance.htrnffhazard
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 http://www.epa.gov/opptmtr/eip2/
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: http://epa.gov/waterscience/tribes/fund.htm
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. EPA is developing a hyperlinked electronic with
production anticipated Fall, 2005.
Contact: www.eoa.gov/OW-OWM.html/mab/indian/cwtrd.htm
December 2005 Draft for Review
Appendix F-9
Financial Resources
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• 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: http://www.eoa.gov/owm/mab/indian/cwal06.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 (MS) 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: http://www,epa.gov/owm/mab/indian/cwisa.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
(www.dec.state.ak.us/water/vsw/). A portion of EPA's funding is also
used to provide training and technical assistance in the operations and
, maintenance of treatment systems.
Contact: http://www.epa.gov/owni/mab/indian/anvrs.htm
• 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: http://www.eba.gov/owow/nps/funding.html
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• 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: http://cfpub.epa.gov/fedfund
• 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: http://www.epa. gov/OW-OWM.html/mab/indian/sec 104 .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: http:/Avww.epa.gov/owow/wetlands/grantguidelines
• The North American Wetlands Conservation Act Grants Program
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
david buie@fws.gov. 301 -497-5870 or Keith Morehouse at
keith_morehouse@fws.gov, 703-358-1888
http://birdhabitat.fws.gov/NAWCA/grants.htm
• 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: htto ://www. eoa. gov/o wow/wetiands/grantni 1 ot/index .html
December 2005 Draft for Review
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• 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 UIG 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: http://www.epa.gov/safewater/uic/tribal.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 http://www.fema.gov/fima/hnigp
• The Abandoned Mine Land Reclamation Grant Program
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: htto://www.osmre.gov/grantspro grams.htm
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Drinking Water
• Drinking Water State Revolving Fund 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: http://www.epa.gov/safewater/tribes.html
Enforcement and Compliance Assurance Program
• Toxic Substances Control Act State and Tribal Assistance Grants (CFDA: 66.707)
Purpose: Help establish and operate compliance monitoring programs to conduct
inspections for compliance with polychlorinated biphenyl (PCB)
regulations, asbestos-in-schools requirements, and lead-based paint
regulations.
Contact: http://www.epa.gov/compliance/state/grants/tsca.htnil
• Federal Insecticide, Fungicide, and Rodenticide Act State and Tribal Assistance Grants
(CFDA: 66.700)
Purpose: Assist in developing and maintaining comprehensive pesticide programs
that address all aspects of pesticide enforcement, and special pesticide
initiatives; sponsor cooperative surveillance, monitoring and analytical
procedures; and encourage regulatory activities.
Contact: http://www.epa.gov/compliance/state/grants/fifra.html
• Multi-media State and Tribal Assistance Grants (CFDA: 66.709)
Purpose: Build and improve capacity by providing assistance agreements to foster
environmental enforcement and compliance assurance activities and to
improve compliance with environmental laws. Such capacity building
efforts may include economic, social science, statistical research,
development, studies, surveys, demonstrations, investigations,, public
education, training, and fellowships.
Contact: http://www.epa.gov/compliance/state/erants/stag/index.html
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• The Compliance Assistance Support for the Regulated Community (CFDA: 66.305)
v 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: httD://12.46.245.173/pls/porta130/CATALOG.PROGRAM TEXT RPT.S
HOW?p_are names=prog_nbr&p_argLvalues=66.305 and
http://www.assistancecenters.net
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 and
http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.S
HOW?p__arg_names=prog_nbr&p_arg_values=s66.310.
December 2005 Draft for Review Appendix F-l4
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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 is found at http://www.epa.gov/opptintr/greenbuilding/index.htm and the
Department of Energy's Energy Efficiency Portal is found at http://www.eere.energy.gov/.
• Buildings and Life-Cycle Costing 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.
http://irc.nrc-cnrc.gc.ca/cbd/cbd212e.htrnl
• Costing Green: A Comprehensive Cost Database and Budgeting Methodology 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)
http://www.dladarflson.com/images/pdfJSles/costinggreen.pdf
• Economic Benefits of Green Building Design is a presentation for government
decisionmakers. on http ://www.ciwmb.ca. gov/greenbuilding/design/EcoBenefits.ppt
• Actual Costs-Is Building Green too Expensive? is an excerpt from the book Building
Green in a Black and White World.
%
http://www.housingzone.com/topics/nahb/green/nhbOOca029.asp
• General Services Agency LEED Cost Study 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 2004t http://www.ccb.org/docs/GSAMAN/gsaleed.pdf
• Managing the Cost of Green Buildings 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)
httD://www.ciwmb.ca.eov/greenbuildine/desian/ManagingCost.t)df
December 2005 Draft for Review
Appendix G-l
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What Every State Executive Should Know About Sustainable Buildings information from
California on what are sustainable buildings, how sustainable buildings create a healthier
workplace, and the executives role in promoting sustainable building practices.
http://www.ciwmb.ca.gov/greenbuilding/design/Managers.ppt
New Air Quality Standards Report Knocks Dawn Economic Stumbling Blocks to Green
Building provides evidence that building green is not cost prohibitive.
http://aqs.com/Desktot>Default.aspx?tabid=43&IternId=41
Life-Cycle Cost Programs for the Federal Energy Management Program 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.
ht^://www.eere.energv.gov/fernp/information/download blcc.cfm
U.S. EPA's Energy Star Building Manual: Financing provides information on how energy
performance projects may be different from many other business investments and how to
finance energy efficient purchases.
http://www.resourcesaver.org/file/toolmanager/O16F21669.pdf
Energy-10: Tool to Identify Cost-effective, Energy Saving Measures is a PC-based design
tool for architects and building designers of small commercial and residential buildings.
http://www.nrel.gov/buildings/energvl O/
RETScreen Renewable Energy Project Analysis Software offers information to build the
capacity of planners, decision-makers and industry to implement renewable energy and
energy efficiency projects, http://www.retscreen.net/ang/menu.php
CFL Economics: Lifetime Economics of Compact Fluorescent Lamps and Incandescent
Lamps 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.
htto://www.susdesi en.com/cfl-economics.html
December 2005 Draft for Review
Appendix G-2
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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.
Green Building: Baca/Dlo'ay azhi Community School
The Leadership in Energy and Environmental Design Certified Baca Dlo'ay azhi Community
School, 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.
http://leedcasestudies.usgbc.org/overview.cfm?ProiectID=387
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. 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 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.
' s
http://homes-across-america.org/search/details.cnTi?who=161&Feature=all&action=showDetails
&Ouerv=bvState
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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), 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.
http://fscus.org
Renewable Energy: Wind Powering Native America
On-line video 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
www.eere.enerEV.eov/windandhydro/windpoweringamerica/filter detail.asp?itemid=749
Pollution Prevention Programs: Mohegan 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 installed infrared sensors in hotel rooms for
heating and lighting, and established a rainforest hi 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:
www.mohegansun.com/www.p2pays.org/refy37/36109.pdf
Solid Waste Management: Tribal Composting Nourishes Land and Tradition
This issue of EPA's Tribal Waste Journal focuses on a variety of innovative composting
approaches, including: backyard, fish and wood waste, food waste and biosolids,
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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 k'st 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: ncepimal@one.net. Document Number: (EPA530-N-05-001).
www.eoa.gov/epaoswer/non-hw/tribal/resource.htmtftwi
December 2005 Draft for Review . Appendix H-3 Pollution Prevention Success Stories
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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 website offering studies of tribal
waste management programs in the'"where you live" section: www.epa.gov/tribalmsw/
• 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)
December 2005 Draft for Review
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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 per day.
December'2005 Draft for Review Appendix H-5 Pollution Prevention Success Stories
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• 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 (MS), 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.
• 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. 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, www.epa.gov/tribalmsw/pdftxt/opendump.pdf
Puisblo ofTaos
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
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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, 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 ofChippewa Indians
The White Earth Band ofChippewa Indians used a Tribal Open Dump Cleanup Project
grant to clean up the Cherry Lake Road dump site on its reservation. This highly visible
and well known illegal dump site 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. In 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 dump sites 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 at:
www.epa.gov/compUancc/resources/DubIication8/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-R-95-001.
EPA/310-R-95-002.
EPA/310-R-95-003.
EPA/310-R-95-004.
EPA/310-R-95-005.
EPA/310-R-95-006.
EPA/310-R-95-007.
EPA/310-R-95-008.
EPA/310-R-95-009.
EPA/310-R-95-010.
EPA/310-R-95-011.
EPA/310-R-02-001.
EPA/310-R-95-013.
EPA/310-R-95-014. .
EPA/310-R-02-002.
EPA/310-R-95-017.
EPA/310-R-95-018.
EPA/3IO-R-97-001.
EPA/310-R-97-002.
EPA/310-R-97-003.
EPA/3 IO-R-97-004.
EPA/310-R-97-005.
EPA/310-R-97-006.
EPA/310-R-97-007.
EPA/310-R-97-008.
EPA/310-R-97-009.
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
Profile of the Shipbuilding and Repair Industry
Profile of the Textile Industry
December 2005 Draft for Review
Appendix A-1
Available Sector Notebooks
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EPA/310-R-98-001.
EPA/310-R-00-001.
EPA/310-R-00-002.
EPA/310-R-00-003.
EPA/310-R-00-004.
EPA/310-R-05-002.
EPA/310-R-05-003.
Profile of die Aerospace Industry
Profile of die Agricultural Crop Production Industry
Contact: Ag Center, (888) 663-2155
Profile of the Agricultural Livestock Production Industry
Contact: Ag Center, (888) 663-2155
Profile of the Agricultural Chemical, Pesticide and Fertilizer Industry
Contact: Agriculture Division, (202) 564-2320
Profile of the Oil and Gas Extraction Industry
Profile of the Healthcare Industry
Profile of die Rubber and Plastic Industry, 2™1 Edition
1 Spanish translations of 1" Editions available in electronic format only.
''0556
December 2005 Draft for Review
Appendix A-2
Available Sector Notebooks
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