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U.S. Environmental Protection Agency
Region 9
October 2000
A Guide to EPA Programs in
Indian Country
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PREFACE
This handbook was prepared for use by tribes and their members as a quick
reference guide and provides only a summary of basic environmental information.
It is not a definitive statement of the specific ways in which a tribe may ensure
environmental compliance but is a quick guide to the environmental programs that
typically apply in Indian Country.
The requirements and guidance presented in this handbook are based on
federal regulations and guidance in place as of October of 2000. It should be
expected that some of this information will change in the future.
The handbook is organized according to key program areas, exploring
Tribal, Cross Media, Air, Superfund, Waste, and Water programs, and
highlighting services available from EPA Region 9. Cross Media programs are
those that can reach across any of the other program areas. Region-specific
contacts, definitions of acronyms, and hotlines are provided at the end of the
handbook.
This document is based on a similar handbook prepared by EPA Region 7
and on one originally prepared in 1990 by the Midwest Assistance Program (MAP)
under contract to the U.S. Environmental Protection Agency, Region 8.
For comments, corrections or suggestions on how to improve this guide,
please call the Region 9 Indian Programs Office at (415) 744-1572.
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i
I rW7 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
•
C
• REGION IX
PBOlfc 75 Hawthorne Street
San Francisco, CA 94105-3901
OFFICE OF THE
REGIONAL ADMINISTRATOR
Dear Tribal Representative:
This document, "A Guide to EPA Programs in Indian Country," has been
prepared as a tool to assist your tribe with environmental management issues.
We share the President's commitment to establish government-to-government
relations with tribes, recognize tribal sovereignty, and fulfill federal trust responsibilities.
We understand that tribes are stewards of their land, air and water, and we also
understand that tribes play a vital role in both educating the U.S. EPA how we can best
assist you and in sharing valuable traditional stewardship perspectives.
Through this document we hope to support the partnership between the federal
government and the tribes to protect public health and the environment. It offers
technical assistance and a framework for regulatory compliance and program
development. We hope you find it helpful. Please let us know how we can improve
upon it.
Yours,
Felicia Marcus
Regional Administrator
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TABLE OF CONTENTS
WTRIBAL PROGRAMS 7
American Indian Environmental Office (AIEO) 9
Tribal Operations Committee (TOC) 9
Regional Tribal Operations Committee (RTOC) 10
American Indian Advisory Council (AIAC) 10
CROSS MEDIA PROGRAMS 13
General Assistance Program 15
Office of Environmental Justice: Small Grants Program 17
Environmental Justice: Native American Tribal Programs 19
Environmental Justice Through Pollution Prevention (EJP2) 20
Pollution Prevention 22
Environmental Education Grants 23
Quality Assurance and Regional Laboratory 24
National Environmental Policy Act (NEPA) 26
Asbestos 27
Indoor Radon . 30
Pesticides 32
Toxics: PCBs 37
Toxics: Lead 38
Toxics Release Inventory (TRI) Program 39
AIR PROGRAMS 41
Clean Air Act 43
Refrigerant Recycling (Stratospheric Ozone Program) 45
SUPERFUND PROGRAMS 47
Superfund Program (CERCLA) 49
Emergency Response 59
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Ill HI• WASTE PROGRAMS 51
Resource Conservation and Recovery Act (RCRA) 53
Hazardous Waste 55
Solid Waste Program 58
Underground Storage Tanks 61
WATER PROGRAMS 65
Safe Drinking Water Act: Public Water Systems 67
Safe Drinking Water Act: Underground Injection Control 72
Safe Drinking Water Act: Wellhead Protection 73
Clean Water Act 75
US-Mexico Tribal Border Infrastructure Program ' '82
GENERAL INFORMATION 85
USEPA Region 9 Contacts 87
National Tribal Operations Committee (TOC): Region 9 Tribal Representatives 89
Regional Tribal Operations Committee (RTOC): Tribal Representatives 90
Region 9 Indian Programs Office Directory 92
Hotlines and Clearinghouses 94
Region 9 Information Services 95
Websites 96
Acronyms and their Definitions 98
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TRIBAL PROGRAMS
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AMERICAN INDIAN ENVIRONMENTAL OFFICE
The American Indian Environmental Office (AIEO) was established in October of
1994 and is housed in the EPA Headquarters' Office of Water in Washington, D.C. It is
responsible for coordinating the Agency's tribal operations and encouraging the ongoing
development of a strong Agency-wide program to protect human and environmental
health in Indian Country. The AIEO works with the Tribal Operations Committee
(TOC), the Assistant and Regional Administrators, Headquarters (HQ), and the National
Indian Work Group (NIWG) to strengthen tribal operations in the daily activities of
Regional and HQ program offices.
The AIEO is committed to the EPA's continued implementation of the 1984
Indian Policy. It ensures that the EPA maintains working government-to-government
relationships with federally recognized tribes, acts in a manner consistent with its trust
responsibility, and effectively performs its duties as a co-regulator with tribes.
General functions and responsibilities of the AIEO are to:
©Ensure that tribal operations remain a priority throughout the Agency, with the
appropriate management and staff support.
©Promote Agency-wide participation in the development of tribal environmental
programs.
©Coordinate with Region and HQ program offices to meet the Agency's resource
needs for tribal operations.
©Coordinate with Region and HQ program offices to develop and/or support, in a
manner consistent with applicable law and the EPA Indian Policy,
regulations, guidance, and/or other policies regarding tribal operations.
©Coordinate the activities and support the participation of the TOC.
©Coordinate the Agency's Indian program and ensure appropriate
communication and consistency throughout the programs and regions.
©Serve as a cross-program information clearinghouse and coordinate Agency-
wide data collection for the Indian program.
TRIBAL OPERATIONS COMMITTEE
In February 1994 the EPA Administrator convened the first Tribal Operations
Committee (TOC) to facilitate the government-to-government relationship between the
EPA and tribes. The purpose of the TOC is to assist the EPA in meeting its trust
responsibility through tribal input into the EPA decision-making that affects Indian
Country. The TOC does not replace the direct tribal-EPA relationship.
The TOC is composed of EPA senior management and 19 tribal representatives.
There are tribal representatives from each of the EPA's Regions except for Region 3,
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which has no federally recognized tribes. The tribal representatives to the TOC, together
with EPA senior management at both the HQ and Regional levels, will work through the
newly formed American Indian Environmental Office to continue to address the
environmental and human health issues within Indian Country.
See page 91 in this handbook for a current (October 2000) list of TOC members.
REGIONAL TRIBAL OPERATIONS COMMITTEE
The Regional Tribal Operations Committee (RTOC) is the regional counterpart to
the national Tribal Operations Committee (TOC). The RTOC, composed of both tribal
and EPA representatives, was chartered in July 1995 to provide a Region 9 forum for
tribal-EPA communication, coordination and collaboration in strengthening tribal
environmental and human health programs. At quarterly meetings, the RTOC fosters
understanding and the development of government-to-government relationships between
EPA and all tribes in Region 9.
See pages 92 and 93 for a current (October 2000) list of RTOC representatives.
AMERICAN INDIAN ADVISORY COUNCIL (AIAC)
The purpose of the AIAC is to serve as a staff advisory group to the Administrator
of the U.S. Environmental Protection Agency through the Director of the Office of Civil
Rights. The AIAC recommends actions that address the concerns of American Indians in
the EPA workforce and, where applicable, promotes the interests of the Indigenous
Nations. However, the AIAC does not in any way represent Indian Tribes individually
or collectively.
Objectives
>^To assist the EPA in promoting a culturally sensitive work environment and
achieving an effective and equitable representation of American Indians in the
work force through aggressive recruitment, hiring, development, and promotion
activities.
>*To promote an understanding and awareness of the American Indian culture
and those elements that are consistent with the EPA mission.
>-To promote a better understanding of employment-related problems of
American Indians in order to seek solutions to remedy specific problems in the
EPA.
>*To facilitate effective communication and goodwill between American Indians
and other individuals in the EPA and within the community in general.
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promote the career development and advancement of American Indians at
the EPA through the sponsorship of workshops, seminars, and similar programs.
>-To ensure that the EPA's programs and activities are open and available to all
American Indians.
Membership is open to all EPA employees, including American Indians, who support the
purpose and objectives of the AIAC.
Additional Information
National AIAC Chair
Jim Fletcher (619) 235-4763
Region 9 AIAC Chair
Greg Phillips (415) 744-1537
(NOTE: These are elected positions. Elections take place every two years; the next one
is expected to be held in 2002.)
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CROSS MEDIA PROGRAMS
Zuni
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GENERAL ASSISTANCE PROGRAM
Background
The EPA Indian Environmental General Assistance Program (GAP) is
administered by the Indian Programs Office, under the Indian Environmental General
Assistance Program Act of 1992, Public Law 102-497, Section 11,42 U.S.C. 4368b, as
amended (Public Law 103-155, 11-24-93).
Objectives
The objectives of the program are to provide financial support and technical
assistance to federally recognized Indian tribes and intertribal consortia for the
development of multimedia programs in order to address environmental issues in Indian
Country.
Eligible Activities and Recipients
Activities eligible for funding under this program are those for planning,
developing, and establishing capability to implement environmental protection programs.
The GAP offers tribes the opportunity to develop an integrated environmental program,
create the capability to manage specific programs, and establish a core program for
environmental protection. In addition, GAP provides the opportunity to conduct
assessments and monitor, plan, and develop administrative and legal infrastructures. .
Eligible recipients include Indian tribes and intertribal consortia. An Indian tribe
is any tribe, band, nation or other organized group or community, including any Alaska
Native Village or regional or village corporation (as defined in or established pursuant to
the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq.), which is recognized
by the U.S. Department of the Interior as eligible for the special services provided by the
United States to Indians because of their status as Indians. A consortium is a partnership
between two or more Indian tribal governments authorized by the governing bodies of
those tribes to apply for and receive assistance under this program.
Program Highlights
The Indian Environmental General Assistance Program replaced the Multi-Media
Assistance Program which was offered by the Agency during Fiscal Years 1991 through
1993.
The project period for GAP grants is 1-4 years. The grantee can reapply if
additional time is needed for capacity building.
s*New grants will be in the amount of $75,000. After the first year, amendments
to grants may be made in amounts as are appropriate.
»>Funds awarded under the grant remain available through the term of the grant.
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*>The Federal Government's standard grant application, reporting, and audit
procedures apply to GAP.
""•Capacity-building activities are eligible for funding but not construction or site-
specific actions.
^General assistance funding does not preclude a tribe from also receiving
program or project-specific assistance.
»>The Program provides for a simplified procurement process for acquisitions of
$25,000 or more but less than $50,000.
The applicant should contact the Region 9 Indian Programs Office for more
information.
Additional Information:
Region 9 Indian Programs Office: (415) 744-1572
Publications:
"Federal Grants Management Handbook:" contains a comprehensive and up-to-date guide to
grant administration rules and practices for GAP grant recipients.
Thompson Publishing Group, Inc., Subscription Service Center, P.O. Box 26185,
Tampa, FL 33623-6185
1-800-677-3789
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OFFICE OF ENVIRONMENTAL JUSTICE: SMALL GRANTS
PROGRAM
Background
In its 1992 report, Environmental Equity: Reducing Risk for All Communities, the
EPA found that minority and low-income communities experience higher- than- average
exposure to toxic pollutants than the general population. The Office of Environmental
Justice (OEJ) was established in 1992 to help these communities identify and assess
pollution sources, to implement environmental awareness and training programs for
affected residents, and to work with tribal stakeholders to devise strategies for
environmental improvements.
In June of 1993, OEJ was delegated granting authority to solicit projects, select
suitable projects for the grants from among those proposed, supervise such projects,
evaluate the results of the projects, distribute information on the effectiveness of the
projects, and determine the feasibility of the practices, methods, techniques and
processes in environmental justice areas.
Fiscal Year (FY) 2000 was the seventh year of the EJ Small Grants Program.
Purpose of the Small Grants Program
The purpose of the small grants program is to provide financial assistance to, and
stimulate the public involvement of, all affected groups which are eligible under
applicable statutory authorities (e.g., community-based organizations, churches, schools,
education agencies, colleges or universities, or other nonprofit organizations) and tribal
governments, for the purpose of working on or carrying out projects that address
environmental justice issues. Funds can be used to develop a new activity or to
substantially improve the quality of existing ones.
Eligible Activities
To be selected for an award, the project must include one or more of the following
four objectives:
1. Identify the necessary improvements in communication and coordination among
existing community-based/ grassroots organizations and local, state, tribal, and federal
environmental programs, and all other stakeholders. Must also facilitate communication,
information exchange, and partnerships among the tribes to address environmental
injustices (e.g., workshops, awareness conferences, establishment of community
stakeholder committees, and newsletters).
2. Motivate the general public to be more conscious of their local environmental
justice issues or problems, and encourage the community to take action to address these
issues (e.g., reforestation efforts, monitoring of socioeconomic changes due to
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environmental abuse, and stream monitoring)
3. Develop and demonstrate an environmental justice practice, method or technique
which has wide application and addresses a higher priority environmental justice issue.
4. Teach about risk reduction and pollution prevention, and seek technical experts to
demonstrate how to access, analyze and interpret public environmental data (e.g.,
Geographic Information Systems (GIS), Toxic Release Inventories (TRI), and other
databases).
Priority will be given to tribes whose projects will help improve the
environmental quality of affected communities by a) developing an environmental
justice project, activity, method or technique which has wide application, b) enhancing
the community's skills in addressing environmental justice issues and problems, or c)
establishing or expanding environmental and public health information systems for local
communities.
Environmental justice projects or activities should enhance critical thinking,
problem solving, and the active participation of affected communities in decision-making
processes. Environmental justice efforts may include, but are not limited to, enhancing
the gathering, observing, measuring, classifying, experimenting, and other data-gathering
techniques that assist individuals in discussing, inferring, predicting, and interpreting
information about environmental justice issues and concerns. Environmental justice
projects should engage and motivate individuals to weigh various issues to make
informed and responsible decisions as they work to address environmental injustices.
Important Pre-Application Information
Pre-applications will serve as the sole basis for evaluation and recommendation
for funding. The EPA will award grants based on the merits of the pre-application. The
items discussed above are relative and can be defined differently among the applicants
from various geographic regions. Each pre-application should define these items and
terms as they relate to the specific project. Include a succinct explanation of how the
project can serve as a model in other settings and how it addresses a high-priority
environmental justice issue. The degree to which a project addresses a high-priority
environmental justice issue will vary and must be defined by applicants according to
their local environmental justice concerns.
Size of Awards and Matching Funds
The maximum ceiling for any one grant is $20,000 in federal funds. Depending
on the funds appropriated by Congress, EPA's nine Regional Offices that have federally
recognized tribes will each have approximately $200,000 to award. It is anticipated that
applicants will not be required to cost share.
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Additional Information
Region 9 Office of Environmental Justice:
Environmental Protection Specialist
Running Grass (415) 744-1205
Region 9 Office of Environmental Justice Team Leader
Romel Pasqual (415) 744-1212
ENVIRONMENTAL JUSTICE: NATIVE AMERICAN
TRIBAL PROGRAMS
EPA will work with tribes, indigenous constituents, the Tribal Operations
Committee, and the National Environmental Justice Advisory Council to integrate the
subsistence and Native American provisions of the Executive Order (#12898) on
environmental justice into EPA's regulations, policies, programs and activities.
Explanation of Environmental Justice
Environmental justice is the fair treatment of people of all races, cultures and
incomes with respect to the development, implementation and enforcement of
environmental laws, regulations, programs and policies. Fair treatment means that no
racial, ethnic or socioeconomic group should bear a disproportionate share of the
negative environmental consequences resulting from the operation of industrial,
municipal, and commercial enterprises and from the execution of federal, state, local and
tribal programs and policies.
Importance of Native American Programs
Environmental concerns differ throughout Indian Country, ranging from access to
safe drinking water to remediation of hazardous waste. Furthermore, tribal
environmental priorities are affected by the tribe's traditional cultural and religious
relationship to the ecosystem in which tribal members live, including subsistence on fish,
game and wild vegetation. For these reasons, Native Americans are often exposed to
different types, degrees and causes of environmental risks.
Tribal environmental justice advocates have raised a range of environmental
concerns, including comprehensive .tribal environmental program development,
environmental effects on urban Native Americans and Native Hawaiians and the
participation of Native American grassroots advocates in environmental protection.
However, while environmental justice has brought renewed attention to the
environmental concerns of Native Americans, it is not meant to replace the more than
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two hundred years of federal Indian law and policies. The federal-tribal relationship, as
defined in the United States Constitution, treaties, statutes, and federal court decisions,
sets forth a framework of rights and responsibilities to be carried out by the federal
government and the tribes. Therefore, while environmental justice includes issues
regarding Native American grassroots participation and disproportionate effects on
indigenous communities, it is not intended to supersede tribal sovereignty, treaty rights,
the federal trust responsibility or the government-to-government relationship. Rather, it
should support these tenets of federal Indian law by encouraging the development of
federal-tribal environmental programs comparable in protection to federal-state
environmental programs.
Objectives of Native American Programs
1) Tribal Environmental Programs
The EPA will work with other federal agencies and tribes to develop
comprehensive tribal environmental programs which address disproportionately high and
adverse human health or environmental effects in Indian Country.
2) Native American Participation
The EPA will ensure the participation of interested or affected tribal members,
organizations, or other Native American and indigenous constituents in EPA activities
that may affect the public health or environment of their communities.
3) Inter- Agency Coordination
Because issues range from water to air to cultural issues, the EPA will take the
lead to ensure coordination and cooperation among EPA and other federal agencies to
address issues which may affect tribal communities that require interaction with different
federal, state, tribal and local agencies.
ENVIRONMENTAL JUSTICE THROUGH POLLUTION
PREVENTION (EJP2)
Scope and Purpose of the EJP2 Grant Program
The primary purpose of this grant program is to provide financial assistance to
tribal governments for projects that address environmental justice and use pollution
prevention activities as the proposed solution. This grant program is designed to fund
projects which have a direct impact on affected communities. EPA is seeking proposals
for projects that will encourage institutionalization and innovative use of pollution
prevention as the preferred approach for addressing environmental justice issues, and
whose activities and products can be applied to other communities. The Agency also
encourages cooperative efforts with business and industry to address common pollution
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prevention goals.
Projects funded under this grant program may involve public education, training,
demonstrations, research, investigations, experiments, surveys, studies, public-private
partnerships, or approaches to develop, evaluate, and demonstrate non-regulatory
strategies and technologies.
Defining Pollution Prevention
EPA has defined pollution prevention as "source reduction," that is, any practice
that reduces or eliminates any pollutant prior to recycling, treatment or disposal. The
EPA further defines pollution prevention as the use of other practices that reduce or
eliminate the creation of pollutants through:
©increasing efficiency in the use of raw materials, energy, water or other
resources
©protecting natural resources by conservation
To help better understand pollution prevention, EPA has established a hierarchy
of environmental management practices. In order of preference, these practices include:
©Pollution Prevention
©Recycling
©Treatment
©Disposal
How Pollution Prevention Differs From Other EPA Programs
EPA programs have traditionally focused on treatment, disposal, and remediation.
These activities, though important parts of an overall environmental management
program, are not pollution prevention activities because they are concerned with the
handling and management of waste and pollutants after they have been generated. EPA
has other program funds available for recycling, treatment and disposal initiatives,
including funds to support lead abatement projects and to clean up hazardous waste sites
and pollutants after they have been generated.
Eligible Applicants
Eligible applicants include any federally recognized tribal government or 501(c)
incorporated nonprofit organization. Applicants may submit more than one application
as long as the applications are for separate and distinct projects. However, no
organization will receive more than one grant per Region per year under the EJP2 grant
program. The EPA will consider only one proposal for a given project.
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POLLUTION PREVENTION
EPA's Pollution Prevention Approach
Instead of using traditional pollution treatment and control methods to stop
existing pollutants from reaching the environment, pollution prevention aims to
anticipate and avoid the generation of pollutants in the first place. The Pollution
Prevention Act of 1990 establishes pollution prevention as national policy and EPA's
preferred approach for protecting human health and the environment. The primary goal
of pollution prevention is preventing or reducing the generation of wastes and pollutants
at the source. Potential pollutants or wastes that cannot be prevented should be recycled
whenever possible. Potential pollutants that cannot be prevented or recycled should be
treated in an environmentally safe manner. Disposal or other release into the
environment should be used only as a last resort and should be conducted in an
environmentally safe manner.
Rulings by courts, pronouncements by EPA, or wishing alone cannot clean up the
environment or keep it from becoming more polluted. Tribal leaders can develop
policies that encourage environmental awareness and provide mechanisms to help
build/maintain the ethic of preventing pollution.
Here are some suggestions on how tribal leaders can fight pollution and preserve
environmental quality, human health, and natural resources:
»>Set pollution prevention as a major goal and integrate the concept into
governmental activities. Publicly recognize pollution prevention as a
priority.
»>Educate the community about pollution prevention. Create an awareness of the
profitability and benefits of pollution prevention through greater efficiency
and stewardship of natural resources.
""•Develop programs mat provide environmental alternatives:
»*-Use less energy. Set back thermostats, insulate, buy energy-efficient
lighting and appliances, and make creative use of daylight.
**Use less water. Use ultra-low flush toilets, install water meters, repair
leaks, review maintenance schedules, and use water-conserving
landscaping.
»*Buy energy-efficient automobiles and other fleet vehicles and keep them
tuned. Carpool, bike, walk or use mass transit when possible.
»*-Encourage sustainable agriculture. Take advantage of natural methods of
protection. Apply pesticides, such as insecticides and herbicides,
carefully if they must be used.
»*Reduce toxic use. Encourage product substitution and environmentally
sound operation modifications.
**Buy recycled or recyclable products. Seek out reusable, recyclable, or
&22G
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returnable packages.
•"Plant trees, shrubs and indoor plants. They replenish the earth's oxygen
supply and remove pollution from the air.
»>Practice preventive maintenance with equipment, including air conditioning,
pumps, power generators, etc. Well-maintained equipment generates fewer
emissions and uses less energy.
»>Conduct pollution prevention assessments at any tribal operation that produces
sizable pollutant emissions, including solid and hazardous waste, that affect air or water.
These operations might have unsuspected potential for reducing waste and cutting costs.
Additional Information:
For a listing of pollution prevention grant opportunities:
EPA Region 9 Library,
Bruce Bennett: (415) 744-1508
& Pollution Prevention webpage: http://www.epa.gov/region09/cross pr/p2
ENVIRONMENTAL EDUCATION GRANTS
The Environmental Education grant program was authorized by the National
Environmental Education Act of 1990. Since it was first funded in 1992 there has been
an annual solicitation for proposals.
Activities eligible for funding under this program as defined by the Act include
projects that design, demonstrate, or disseminate information regarding practices related
to environmental education. Funds may not be used for construction activities, technical
training of environmental professionals, non-educational research and development, or
environmental information projects.
Tribal, state and local educational or environmental agencies, colleges,
universities, nonprofit organizations, and noncommercial educational broadcasting
entities are eligible for this grant. Partnerships are encouraged. Individuals are not
eligible to apply.
Proposals for up to $25,000 are addressed to the regional office. Requests for
more than $25,000 up to the statutory limit of $250,000 are sent to EPA Headquarters in
Washington, D.C.
Since its founding, this program has attracted considerably more applications than
available funding could award. Because there is a direct proportion between the amount
of funding requested and the degree of competition, Congress designated that half of
each region's allocation be reserved for grants of $5,000 or less to encourage a
community-based small grants approach.
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Examples of Funded Activities
The following are examples of completed past projects.
•0- Provided teacher training and curriculum activity kits for fourth grade teachers.
The model currently in use in the schools offers a cross-cultural environmental
curriculum and presents Native American traditions in a scientific context.
^ Created a Tribal Environmental Education Program aimed at all community
members with a particular emphasis on high school youth. Community activities
included recycling workshops, clean up days, poster contests, and an Earth Day
Fair. Also, an environmental education summer camp and habitat study was
conducted for tribal youth.
0- Created a "Reservation Environmental Science Education Training." Staff
development training in the environmental science curriculum allowed Native
American students to get involved with hands-on projects that address daily
environmental problems of waste management and water pollution in Indian
Country.
Additional Information:
Environmental Education Coordinator in the Office of Public Affairs
Stacey Benfer (415) 744-1161
QUALITY ASSURANCE
AND REGIONAL LABORATORY
Quality Assurance Management
The Quality Assurance (QA) Office is part of the Policy Management Division in
Region 9. The Office is responsible for ensuring that environmental decisions made by
the Region are based on data that is of a defensible and documented quality and is of
sufficient quantity for decision-making purposes. The QA Office prepares the Regional
Quality Assurance Office Plan and conducts management systems reviews of Regional
environmental data collection activities to insure that sound quality assurance is being
practiced. It provides technical assistance to Regional staff regarding science quality
assurance, primarily in the preparation and review of quality assurance project plans and
sampling and analysis plans. These are mandatory requirements that QA fulfills.
The QA office may also review and validate laboratory data, serve as the customer
service interface for the Regional Laboratory in the scheduling and tracking of samples
being analyzed, and arrange for analysis of Regional samples by contract laboratories
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when the Regional lab is unable to accept them. It may also manage the Environmental
Services Assistance Team (ESAT) contract which provides dedicated personnel who
review QA documents and conduct analyses in the Regional Lab. It may oversee
laboratories which generate environmental data used in EPA decision making to assure
data integrity, maintain a network of QA contacts in the states and in other Regions and
represent Region 9 on QA matters in dealing with them. It may develop a Region-wide
QA training program and provide training to Regional staff, representatives of other
federal agencies, and state and tribal grant recipients. These services depend on the
availability of resources. In 1999 and 2000, QA met with insufficient resources to carry
out these tasks for tribes, and as of October 2000 it is unknown whether resources will be
made available in the future.
Region 9 Laboratory
The Laboratory Section (LS) provides analytical services in support of wastewater
sampling inspections, drinking water sampling inspections, Resource Conservation and
Recovery Act (RCRA) sampling inspections, hazardous waste site investigations,
Superfund investigations, ambient water quality monitoring programs, toxicity testing,
and other regional activities. The LS is responsible for Drinking Water Certification and
evaluation of laboratories conducting National Pollutant Discharge Elimination System
(NPDES) analyses. The LS operates the Field Analytical Support Program (FASP)
mobile laboratory, provides field audits, and provides training in sampling. However,
many analyses require that contract funds be provided. Contact your EPA Tribal
Representative for more information about funding.
Additional Information:
Region 9 Laboratory Director (510) 412-2311
Brenda Bettencourt
Biology/Field Team Leader (510)412-2331
Peter Husby
Chemistry Team Leader (510)412-2312
Richard Bauer
$250
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NATIONAL ENVIRONMENTAL POLICY ACT
The National Environmental Policy Act (NEPA) was signed on January 1, 1970.
Its purpose is to ensure that environmental amenities and values are given systematic
consideration equal to economic and technical considerations in the Federal decision-
making process. NEPA achieves this by requiring that each federal agency prepares a
statement of environmental impact in advance of each major federal action,
recommendation or report on legislation that may significantly affect the quality of the
human environment.1
NEPA affects tribes in two ways. First, tribal construction projects such as waste
management facilities, power generation facilities, timber management plans, and
gaming and entertainment facilities must be submitted through the BIA or the National
Indian Gaming Commission for review and approval under NEPA so that the
environmental impacts of the project can be evaluated. NEPA requires that each project
complete an Environmental Assessment (EA) or an Environmental Impact Statement
(EIS) that highlights the possible implications and impacts that the new project will have
on the environment, and appropriate mitigation measures.
Second, under NEPA, Tribes can voice their concerns about other proposals
submitted by government agencies. These types of projects, including mines, highways,
non-tribal power plants, airport developments, military munitions disposal, and tourism,
are not on tribal lands but affect the lands, natural resources, or sacred and cultural sites
of tribes.
Additional Information
Environmental Specialist
David Tomsovic (415) 744-1575
In Productive Harmony: A brief explanation of environmental impact statements. Sept. 1977
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ASBESTOS
Schools: Public and Private Nonprofit
On October 22, 1986, President Reagan signed the Asbestos Hazard Emergency
Response Act (AHERA) into law. The Act required the EPA to develop regulations
creating a comprehensive framework for addressing asbestos hazards in schools, and to
construct a model accreditation program for individuals who conduct inspections for
asbestos, develop management plans, and design and perform abatement work. Asbestos
is also regulated under the authority of the Clean Air Act.
Other provisions of AHERA require all tribal, public and private elementary and
secondary schools to conduct inspections for asbestos-containing building materials,
develop management plans, and implement response actions in a timely fashion.
Specifically, each local education agency (or LEA, which means a public school district
or private nonprofit school) must do the following:
# Designate and train a person to oversee asbestos-related activities in the LEA.
# Inspect every school building for both friable and non-friable asbestos-containing
building materials.
# Prepare a management plan for managing asbestos and controlling exposure in each
school and submit that plan to the appropriate state agency. The plan should
include a time frame for the implementation of recommended actions.
0 Use only properly accredited persons to conduct inspections and develop the asbestos
management plan. Accredited personnel must also conduct the required
reinspection every three years.
# Provide custodial staff and short-term workers with information about the location of
any asbestos-containing materials. Post warning labels as required.
# Survey all locations of asbestos-containing materials for damage every six months.
Take appropriate steps to repair or replace damaged materials.
# Provide custodial and maintenance staff with two hours of awareness training and an
additional 14 hours of training for employees whose duties may cause them to
disturb asbestos. This additional training must include proper work practices and
the use of protective equipment when disturbing asbestos-containing materials.
# Annually notify parents, teachers and other school employees about the asbestos
inspection and the availability of the asbestos management plan for review.
# Utilize properly accredited individuals to design and conduct asbestos abatement
actions that are necessary and appropriate to protect human health and the
environment. These actions or methods must be documented in the management
plan.
# Keep records of all asbestos-related activities in each school plan and make them
available for citizen review.
LEAs were required to begin implementation of their management plans by July
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9, 1989, and are required to update and maintain their management plans to reflect
ongoing operations and maintenance, periodic surveillance, inspection, reinspection and
response action activities.
Public and Commercial Buildings
In 1990, Congress enacted the Asbestos School Hazard Abatement
Reauthorization Act (ASHARA) which amended AHERA to extend some of the training
and accreditation requirements to persons performing such work in public and
commercial buildings.
Public and commercial buildings are defined as the interior space of any building
which is not a school building except that the term does not include any residential
apartment building of fewer than 10 units or detached single-family homes. The term
includes, but is not limited to, industrial and office buildings, residential apartment
buildings and condominiums of 10 or more units, government-owned buildings,
colleges, museums, airports, hospitals, churches, preschools, stores, warehouses, and
factories. Interior space includes exterior hallways connecting buildings, porticos and
mechanical systems used to condition interior space.
ASHARA requires accreditation for any person who inspects for
asbestos-containing material (ACM) in a public and commercial building, or who
designs or conducts a response action with respect to friable ACM in such a building. As
a result, accreditation requirements for inspectors, project designers, workers, and
contractor/supervisors now apply equally to persons in both schools and in public and
commercial buildings (Congress did not extend the accreditation for management
planners to public and commercial buildings). In addition, ASHARA required EPA to
increase the minimum hours of training, including hands-on training, required for
asbestos abatement workers in both schools and in public and commercial buildings. It
also provided for a civil penalty for contractors who fail to comply with accreditation
requirements by inspecting, designing, or conducting a response action in a school or
public or commercial building without TSCA accreditation or by employing individuals
to conduct response actions in such a building and failing to require or provide TSCA
accreditation for the employees.
All Buildings: CAA, Asbestos, and NESHAP
In 1971 the Administrator of the EPA determined that asbestos presented a
significant risk to human health and is therefore a hazardous air pollutant. The National
Emission Standards Hazardous Air Pollutants (NESHAP) for asbestos, promulgated
under Section 112 of the Clean Air Act, specifies emission control requirements for the
milling, manufacturing, and fabrication of asbestos, as well as for demolition and
renovation activities and for the handling and disposal of asbestos-containing waste
materials.
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The NESHAP requires that each owner or operator of a demolition or renovation
activity thoroughly inspects the affected facility or part of the facility for the presence of
asbestos, including non-friable asbestos, before commencing the demolition or
renovation. Private residences of four units or fewer are exempt from the NESHAP.
Regulated asbestos must be properly removed prior to the demolition of a structure.
Under the NESHAP, all demolitions require notification to the appropriate
regulatory agency, including facilities containing no asbestos. Work practice procedures,
waste disposal requirements, and record-keeping provisions apply to those demolition
operations where, when measured, the amount of regulated asbestos-^containing material
(RACM), as defined in Section 61.141, meets or exceeds 260 linear feet on piping, 160
square feet on other facility components, or 35 cubic feet of asbestos-containing material
which has already been stripped or removed and placed in containers, or left on the floor
or ground.
Under the NESHAP, renovations, including individual unscheduled operations,
require notification to the appropriate regulatory agency, as well as compliance with
work practice procedures, waste disposal requirements, and record keeping provisions
where the amount and condition of RACM are the same for all demolitions as stated in
the paragraph above.
The NESHAP requires at least one representative trained in the provisions of this
regulation be on site during any stripping, removal or handling of RACM. The AHERA
contractor/supervisor course meets the NESHAP training requirements.
Please notify the EPA Region 9 Office if a demolition or renovation is to occur in
your area. The NESHAP requires that notification be submitted at least 10 working days
before any asbestos stripping, removal or any other activity begins that would otherwise
disturb the asbestos material.
Additional Information:
Toxics Programs: (415) 744-1093
EPA Region 9 NESHAP and Asbestos Program Coordinator
Bob Trotter (415) 744-1145
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INDOOR RADON
Indoor Radon Grants
Radon is a naturally occurring radioactive gas that comes from the decay (natural
breakdown) of uranium in the soil. Radon gas moves through the soil, and depending on
the permeability of the soil and whether there are entry points, it can seep into buildings
and collect in high concentrations. The Surgeon General and the USEPA have advised
that all homes in the U.S. be tested, because testing is the only way to know the radon
levels in a building. The EPA estimates that 15,000 lung cancer deaths occur each year
due to exposure to radon; it is the second leading cause of lung cancer, next to smoking.
The risk of lung cancer is especially high for people who smoke and also have high
levels of radon in their homes.
The EPA has a recommended action level of 4 picocuries of radon per liter of air
(pCi/L), which means that if a home or building has been tested and the radon
concentration is 4 pCi/L or higher, steps should be taken to reduce the level. Most
homes can be mitigated to less than 2 pCi/L.
In 1988, due to public concern about the health risks of exposure to radon gas,
Congress enacted the Indoor Radon Abatement Act (IRAA) with the goal of reducing
indoor radon levels to levels found in outside air. The IRAA also directed EPA to
develop a non-regulatory program that provides outreach material to the public on the
adverse health effects of radon, develop a national map of potential radon zones, develop
building code standards for radon-resistant homes, and also conduct studies of radon
levels in public schools across the nation.
The IRAA also gave EPA the authority to provide grant funding to tribes and
states to establish self-sustaining radon programs. Some activities encouraged through
the program are:
^-providing outreach materials to communities
+conducting workshops on the health effects of radon along with radon
mitigation demonstration projects
+conducting radon surveys in schools
Grantees are also encouraged to promote and adopt building code standards to reduce the
exposure to radon.
Since the radon grant program began, many tribal representatives have been
trained on how to conduct radon surveys and also how to install radon mitigation
systems. Testing schools and Head Start Centers is now a primary focus for many tribes.
The radon program has been very successful in building partnerships among tribal
and state radon programs, and helps them work together for the common goal of
educating the public about radon. Nonprofit organizations, such as the American Lung
Association, have also provided assistance to tribes in training for radon, asthma and
indoor air pollution.
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In addition to radon, the EPA Indoor Environments Program provides education
and outreach for other indoor pollutants such as second-hand smoke, asthma triggers and
mold. Tribes have expressed a great deal of interest in indoor air pollution, especially
concerning the health of children and the increase in asthma cases. Asthma rates among
children have increased significantly in the past 10 years and because of this the Agency
has been working with schools through the "Indoor Air Quality Tools for Schools Action
Kit" program to help improve schools' air quality. Tribes are encouraged to participate
in this program and provide material to their communities on the impacts of poor indoor
air quality and how they can make their schools healthier for children and teachers.
Additional information:
EPA Region 9, Indoor Environments Team
Louise Hill (415) 744-1046
Western Regional Radon Training Center: 1 -800-513-8332
3- www.epa.gov/iaQ
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PESTICIDES
Background
Pesticides have been regulated since about 1910. However, the Environmental
Protection Agency did not have the authority to regulate pesticides until the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) was passed in 1947. The Federal
Food Drug & Cosmetic Act (FFDCA, implemented by Food & Drug Administration);
and the Food Quality and Protection Act (FQPA) also gives the EPA some authority to
regulate pesticides. The primary focus of FEFRA is consumer protection, with an
emphasis on protecting farmers and other pesticide users from getting acute poisonings
and fraudulent products.
Although the 1947 version of FIFRA was an improvement, the term
"environment" did not appear in that version of the statute and there were no provisions
to enforce the proper use of pesticides at that time. In 1972 FIFRA was amended to
include more specific methods and standards for the control of pesticides. While
retaining all the old provisions of FIFRA, other provisions were added, including but not
limited to the following: pesticide use that is inconsistent with the label is prohibited and
a violation of federal law, violations of FIFRA can result in penalties, all pesticides must
be registered with EPA prior to sale or distribution, and registrants of pesticides must
supply to EPA scientific evidence regarding the long-term effects of pesticides on the
environment.
Further amendments were made to FIFRA, as well as to the Federal Food, Drug &
Cosmetic Act, through the passage of the Food Quality and Protection Act (FQPA) in
1996. FQPA establishes a more consistent and protective regulatory scheme grounded in
science. FQPA mandates a single health-based standard for all pesticides in all foods;
provides special protection for infants and children; expedites approval of safer
pesticides; creates incentives for the development and maintenance of effective crop
protection tools for American farmers; and requires periodic re-evaluation of pesticide
registrations and tolerances to assure scientific data is up to date.
What are Pesticides?
The word "pesticide" is often misunderstood to mean only a chemical insecticide.
Actually, "pesticide" refers to many other kinds of chemicals and even biological pest-
destroying organisms such as Bacillus thuringiensis (a bacteria which acts as a natural
insecticide by killing certain insects in their larval stage) that are used to control
undesirable plants, animals, fungi, and bacteria. Household-type products account for a
major portion of pesticide sales and use. Such familiar products as toilet bowl sanitizers,
disinfectants, mildew removers, and ant and roach sprays are pesticides. Herbicides are
pesticides used to control weeds on lawns, along roadways and waterways, and in other
public areas. Pesticides are used on farms and in forests, homes, hospitals, day-care
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centers, schools, public buildings, parks, greenhouses, nurseries, and many other places.
In general, under F1FRA a pesticide is defined as any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating any pest; any substance or
mixture of substances intended for use as a plant regulator, defoliant or desiccant; and
any nitrogen stabilizer. The target pest includes any living organism that causes damage
or economic loss, or transmits or produces disease. Pests can be animals like insects or
mice, unwanted or invasive plants (weeds), or microorganisms like plant diseases and
viruses.
Some Common Types of Pesticides
Algicides
Attractants
Biocides
Disinfectants and
Sanitizers
Fungicides
Fumigants
Herbicides
Insecticides
Miticides
Microbials
Molluscides
Nematicides
Ovicides
Repellants
Rodenticides
Control algae in swimming pools, aquariums, lakes, canals, and water used for cooling
towers or other industrial uses.
Attract pests (for example, lure an insect or rodent to a trap). Pheromones are one type of
attractant, which are chemical sex attractants often used to confuse mating behaviour of
insects.
Kill microorganisms.
Kill or inactivate disease-producing microorganisms (bacteria, viruses, etc.) on inanimate
objects and surfaces such as toilets, sinks and floors.
Kill fungi, many of which can infect and cause diseases in plants, animals and people.
Some examples of disease-causing fungi are rusts, mildews, blights and molds.
Produce gas or vapor intended to destroy insects, fungi, bacteria, or rodents; used to
disinfest interiors of buildings as well as soil before planting.
Kill weeds and other plants that grow where they are not wanted.
Kill "bugs" or other insects.
Kill mites that feed on plants and animals (also called acaricides).
Microorganisms that kill, inhibit, or out-compete pests, including insects or other
microorganisms.
Kill snails and slugs.
Kill nematodes (microscopic, wormlike organisms that feed on plant roots).
Kill eggs of insects and mites.
Repel pests, including birds and insects (for example, mosquitoes, fleas or ticks).
Control mice and other rodent pests.
The term pesticide also includes related substances
Defoliants
Desiccants
Insect Growth
Regulators
Plant growth
regulators
Nitrogen
Stabilizers
Cause leaves or foliage to drop from a plant, usually to facilitate harvest.
Promote drying of living tissues-unwanted plant tops or insects, for example.
Disrupt the action of insect hormones controlling molting, maturity from pupal stage to
adult, or other life processes.
Substances (excluding fertilizers or other plant nutrients) that alter the expected growth,
flowering, or reproduction rate of plants through hormonal rather than physical action.
Slow or eliminate ammoniacal nitrogen losses in the soil by inhibiting Nitrosomonas
bacteria, the organism which oxidizes ammoniacal nitrogen into nitrite in the process of
nitrification, and thus controls nitrate leachine.
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FIFRA
® Pesticide Product Registration
Under FTFRA, EPA registers pesticides for sale, distribution and use in the US
and prescribes labelling and other regulatory requirements to prevent unreasonable
adverse effects on human health or the environment. All pesticide products sold,
distributed or imported into the US must be registered by EPA prior to sale and
distribution. Once a product is registered, and a label is accepted by EPA, the label for
the product becomes law.
® Pesticide Establishment Registration
Each individual location where products are produced (manufactured/formulated,
labelled, re-formulated or re-packaged) must be registered with EPA as a pesticide-
producing establishment and must report annual pesticide production to EPA. The EPA
Office of Pesticide Programs handles all pesticide-product registration. EPA regional
offices handle registration of domestic pesticide-producing establishments, and the
Office of Compliance handles establishment registration of foreign pesticide-producing
establishments.
® Certification and Training
Some pesticide products are classified as "restricted use pesticides." Because of
the specific hazards associated with these pesticides, any person who applies a restricted
use pesticide is required to first receive certification and special training. According to
FIFRA, states and tribes may develop certification and training (C&T) programs that
provide training and then certify applicators to use restricted use pesticides. Tribal and
state C&T plans must be approved by EPA prior to implementation.
® Endangered Species, Ground Water, and Worker Protection
Federally listed endangered species and groundwater quality may be negatively
impacted by the use of pesticides. As part of a pesticide program, tribes, states, and
territories may develop plans to identify vulnerable species and geographic areas,
develop protection and prevention measures, and monitor the use of pesticides so that the
impact on endangered or culturally sensitive species and groundwater is limited. The
worker protection program specifically addresses concerns related to pesticide exposure
for those who mix, load, and apply agricultural pesticides, and for field workers who
tend and pick crops on farms and in forests, nurseries, and greenhouses.
® Disposal
Containers of pesticides must be triple rinsed, rendered useless and disposed of
accordingly. Further regulations are being developed for the disposal of pesticides.
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© Cooperative Agreements with Tribes, States, and Territories
FIFRA allows EPA to enter into cooperative agreements with states, territories,
and tribes for the enforcement, certification and training of applicators. EPA Region 9's
Pesticide Office typically works with Tribal and Territorial Environmental Offices and
State Departments of Agriculture. Currently, Region 9 has pesticide continuation
cooperative agreements with 4 states (Arizona, California, Hawaii and Nevada), 3 Pacific
Islands (Guam, American Samoa and the Commonwealth of the Northern Mariana
Islands), 8 tribes (Navajo Nation, Gila River, Shoshone Paiute Tribes of the Duck Valley
Reservation, Pauma Band of Mission Indians, Hopi Tribe, Salt River-Pima Maricopa,
Tohono O'odham Nation and Pala Band of Mission Indians) and the Inter Tribal Council
of Arizona (ITCA), which passes funds through to 4 tribes (Fort Mojave, Colorado
River, Quechan and Cocopah).
In addition to continuation cooperative agreements, special projects may also be
funded for a variety of activities. For example, one project grant addresses the concerns
of the California Indian Basket Weavers Association (CIBWA). Additional projects
funded include those that address pesticides in groundwater or other specific pesticide-
related concerns.
© Cancellation/Suspension of Product Registration
EPA (under statutory provisions) has the authority to cancel or suspend the
registration of products and uses.
© Enforcement
Enforcement of the provisions under FIFRA and implementing regulations is
pursued by our state/territorial/tribal partners or sometimes by the Region. Under
FIFRA, sale, distribution and use of "agricultural" and "structural" pesticides are
regulated. Structural pesticide uses include but are not limited to roadside spraying and
use in and around homes, hospitals, schools and administration buildings.
Cross over with other EPA Programs
Groundwater (CWA, see pg. 75 and SDWA, see pg. 67) and disposal programs
(RCRA see pg. 53, CERCLA see pg. 49) are the most obvious cross-over areas.
However, there are connections also with the air program (CAA, see pg.43) regarding
contributions of pesticide products through their volatile compounds to the formation of
ozone, and issues related to pesticide drift from aerial applications. Pesticide use is
included in many Environmental Impact Statements (EISs), so a relationship may exist
under the National Environmental Policy Act (NEPA, see pg. 26). The worker
protection program has components which interface with die Environmental Justice
initiatives, and because many communities are opposed to the use of pesticides, we are
involved with Community Based Environmental Programs (CBEP).
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Cross over with other Federal Agencies
Bureau of Indian Affairs (Dept. of Interior) - BIA is responsible for reviewing tribal
certification and training programs which are submitted to EPA for approval.
US Fish & Wildlife Service (USFWS, Dept. of Interior) - USFWS provides EPA with
biological opinions for the endangered species program.
US Department of Agriculture (USDA) - extension services conduct most of the
training for certifying applicators, and by statute EPA is obligated to pass through funds
to extension services for training programs.
US Customs Service (Dept. of Treasury) - Laws of this agency require that all pesticide
products and devices entering the US be cleared through EPA.
Consumer Product Safety Commission - EPA requires child-resistant packaging
guidelines on products intended for household sale.
US Food and Drug Administration (FDA, Dept. of Health & Human Services) -
although EPA sets tolerances for pesticide residue, FDA has the responsibility to enforce
the established tolerances.
Funding for a Pesticide Program
Pesticide program development should initially be pursued under a General
Assistance Program (GAP) grant (see pg. 15). Once a pesticide program is developed,
funding under FIFRA should be pursued, since GAP funding cannot currently be used
for program implementation.
Additional Information
Region 9 Pesticides Office: (415) 744-1087
Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), and Federal Good, Drug, and
Cosmetic Act (FFDCA) as amended by the Food Quality Protection Act (FQPA) of
Augusts, 1996
40 CFR, Parts 150 to 189 (Recent versions include the Worker Protection Standard)
Pesticides in Groundwater Strategy, U.S. EPA, 1991
54 Federal Register 17984 (July 3, 1989)
0360
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•TOXICS: PCBs
Polychlorinated biphenyls (PCBs) are manmade chemical compounds used
primarily in electrical transformers and capacitors. When some of the dangerous health
effects from PCB exposure were recognized, such as problems in the nervous and
reproductive systems, the manufacture of PCBs was banned and the Environmental
Protection Agency was required by Congress under Section 6(e) of the Toxic Substances
Control Act (TSCA), Public Law 94-469 (October 11, 1976), to promulgate rules and
requirements for the use, marking, storage and disposal of PCBs. TSCA regulates PCB
levels at or above 50 parts per million.
PCBs are very stable and may be highly toxic. Thus, once PCBs are released into
the environment, they can slowly cycle through the food chain and affect it at several
levels. Also, PCBs may be multi-generational problems for humans because PCBs often
accumulate in fatty tissues and may be passed from mother to child through breast milk.
Additional Information:
Region 9 PCB Program Office
Max Weintraub (415) 744-1129
Pest and Toxics Hotline: (415)744-1087
PCB Regulations; 40 CFR, Part 761
Websites:
& http://www.epa.gov/pcb
& http://epa. gov/region09/toxic/pcb
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TOXICS: LEAD
Lead poisoning is known to cause serious health problems, especially in children.
Even in mild cases, lead poisoning has resulted in learning deficiencies, reduced
intelligence, and other developmental problems. The main source of exposure is through
lead-based paint. Lead-based paint was banned for residential use in 1978, but any
house built before then may contain it. It is estimated that around three-fourths of the
housing stock in the U.S. contains lead-based paint, and as many as three million people
may have lead poisoning.
To deal with this problem, the Residential Lead-Based Paint Hazard Reduction
Act of 1992, commonly referred to as Title X, added Title TV to the Toxic Substances
Control Act (TSCA). Together, these laws mandated EPA to do the following:
® Write regulations for training and certification of lead abatement workers.
® Develop a model state program for tribes, states and territories to adopt.
® Define proper abatement procedures.
® Develop a lead hazard information pamphlet.
® Develop renovation and remodeling guidelines.
Title X regulations require that anyone doing lead abatement work be trained and
certified to perform the abatement work in a safe manner to protect both human health
and the environment. The regulations also require that persons buying or leasing a pre-
1978 residence be notified of known lead hazards, issued a lead hazard information
pamphlet, and given an opportunity to inspect the property. Also, all specific language
regarding lead hazards must be included in any contract for lease or sale.
Tribal governments can work to prevent lead poisoning by educating their
constituents in the identification and control of lead hazards. For tribes with a sufficient
infrastructure and an established lead problem, Title X authorizes grants to establish
training and accreditation programs to regulate those involved in lead-based paint
activities. Other tribes may wish to consider other funding alternatives, such as an
Environmental Education grant (see pg 23), an Environmental Justice grant (see pg. 18.,
or include lead education and outreach as an element of a General Assistance grant (see
Pg. 15).
Additional Information:
Toxics Section Administrative Assistant
Marjorie Xavier (415) 744-1124
Lead Hotline: 1-800-424-LEAD (5323)
Region 9 CFC/Lead Hotline: (415) 744-1086
Lead-Based Paint Regulations: 40 CFR Part 745
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TOXICS RELEASE INVENTORY PROGRAM
Background
Congress passed the Emergency Planning and Community Right-to-Know Act
(EPCRA) in 1986. Section 313 of the EPCRA establishes the Toxics Release Inventory
Program (TRI) and mandates that certain businesses submit reports each year reporting
the amounts of 654 chemicals and chemical categories the facilities released, either
routinely or by accident. Starting with reporting year 1994, all federal facilities were
also required to report.
The purpose of TRI is to provide to community and government officials
information about chemical releases into the environment. In many cases this
information has stimulated reductions in emissions, both through a focusing of facility
managers' attention on wastes and increased involvement by the public.
EPCRA Section 313 Release Reporting Requirements
A factory, plant or other facility is subject to the reporting requirements if it meets
all of the following three criteria:
•fit conducts manufacturing operations included in the Standard Industrial
Classification (SIC) codes 10 (except 1011, 1081, and 1094); 12 (except 1241);
20 through 39; 4911,4931, or 4939 (limited to facilities that combust coal and/or
oil for the purpose of generating power for distribution in commerce); 4953
(limited to facilities regulated under the Resource Conservation and Recovery
Act, subtitle C, 42 U.S.C. § 6921 et seq.)\ 5169; 5171; or 7389 (limited to
facilities primarily engaged in solvent recovery services on a contract or fee
basis). In addition, all federal facilities are included.
•fit has 10 or more full-time employees (or the equivalent of 20,000 hours per
year)
•fit manufactures, imports, processes or otherwise uses any of the listed toxic
chemicals in amounts greater than the threshold quantities. For manufacturing,
importing, or processing, the threshold quantity is 25,000 pounds per toxic
chemical or category over the calendar year. For otherwise using any of the listed
toxic chemicals (without incorporating it into any product or producing it at the
facility), the threshold quantity is 10,000 pounds per toxic chemical or category
over the calendar year.
Getting Information About the Toxic Chemical Releases
Annual release reports (Form R) are entered into a national computerized data
base called the Toxic Release Inventory System, or TRIS. This is the only multimedia
database EPA has on chemical releases and can be used as a yardstick to measure
progress in pollution prevention. The data is available through state offices where the
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forms are filed, through EPA's regional offices and through EPA's EPCRA Hotline (see
Additional Information below). In addition, non-trade secret data is available directly to
the public through EPA's Envirofacts website (see Additional Information below),
through a site operated by Right to Know Net, through the TOXNET system (National
Library of Medicine) and in other media such as annual national reports, CD-ROM, and
RTK NET. Many university and public libraries can provide this access.
Ways TRI Can Help Your Tribe
The TRI database can provide your tribe with the following types of information:
+Which toxic chemicals were released into the environment from a specific
facility or facilities in a specific community.
+How much of each chemical was released into the air, water and land.
+How chemical wastes were treated on site and the efficiency of the treatment.
•f How much of the chemicals were transported away from the site of the facility
for recycling, treatment or disposal.
The TRI data can be accessed by year, chemical, facility, county, city and zip code
in a format tailored to meet your needs.
Additional Information
Region 9 TRI Office: (415) 744-1093
EPCRA Hotline: 1-800-535-0202
& TRI website:
http://www.epa.gov/region09/toxic/tri
& EnviroFacts: The Envirofacts Warehouse allows the public to retrieve environmental information
from EPA databases on Air and Chemicals, Hazardous Waste, Risk Management Plans, Superfund,
Toxic Releases, and Water Permits and Drinking Water Programs as well as information about
Facilities and Grants/Funding. Online queries allow you to retrieve data from these sources and create
reports, or you may generate maps of environmental information by selecting from several mapping
applications available through EPA's Maps On Demand.
http://www.epa.gov/docs/enviro/index iava.html
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AIR g TOXICS PROGRAMS
Hopi
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CLEAN AIR ACT
The Clean Air Act (CAA) establishes a framework for the attainment and
maintenance of air quality standards. The modern CAA was enacted in 1970 and has
served as a model for other environmental legislation. As amended in 1990, the statute is
sweeping in scope, affecting thousands of businesses across many industries.
The CAA establishes national ambient air quality standards (NAAQS) for six
common (or "criteria") pollutants: sulfur dioxide, carbon monoxide, nitrogen dioxide,
ozone, lead, and paniculate matter. The CAA classifies areas not meeting those
standards as "nonattainment areas" and requires states to develop plans and implement
controls resulting in attainment of the NAAQS by prescribed deadlines. The CAA also
establishes emission standards for hazardous air pollutants (or "air toxics") from new and
existing sources. It also addresses mobile sources, and permitting and enforcement
programs.
Tribal Authority
The CAA Amendments of 1990 provided for tribal authority to implement CAA
programs and required EPA to promulgate regulations specifying the procedures and
requirements for tribal CAA program approval. This rule making, known as the "Tribal
Authority Rule," was promulgated in February 1998.
Allowing tribes authority to administer CAA programs represents a critical step in
empowering tribes to improve and protect tribal air quality. EPA will work with the
tribes on a government-to-government basis to develop the necessary .programs to
address air concerns. Some tribes may choose not to develop air quality programs or to
develop only some parts of an air program. Until a tribe chooses to administer its own
air quality program, EPA will continue to administer CAA programs within Indian
Country.
Tribal Program Development
As one of the first steps in developing a tribal air program, EPA encourages tribal
governments to assess thoroughly their current air quality through emissions inventories
and collection of existing air quality data. This will help tribes estimate the nature and
location of any air quality problems.
Depending upon the results of the assessment and other factors, such as projected
growth, various courses of action may be required. Minor air quality problems may be
addressed through public education and the application of some basic control strategies.
More serious air pollution problems may require a combination of air monitoring,
modeling, rule development, enforcement, and the development of tribal implementation
plans and other air programs.
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Operating Permits for Air Pollution Sources
Title V of the CAA Amendments of 1990 established a new requirement for all
major stationary sources of air pollution to obtain EPA-sanctioned operating permits.
These permits are designed to enhance the ability of EPA and enable authorities and
citizens to enforce the requirements of the Act. Title V permits will clarify for these
sources exactly which requirements are applicable to them and what they must do to
comply.
This program applies not only to major sources of criteria air pollutants, but also
to sources of air toxics. The Act lists 188 air toxics, and the EPA has identified more
than 170 source categories of these toxic emissions. These sources must submit
applications for Title V operating permits unless they are below certain thresholds in
their emissions.
EPA's objective is to assist tribes in developing and administering their own Title
V operating permit programs. As with other CAA programs, EPA retains authority for
this program in Indian Country until a tribe chooses to develop and administer its own
program. Both tribal and state Title V programs are subject to EPA review and approval.
EPA Grant Funding for Tribal Air Activities
Two important sources of financial assistance for tribal air quality planning and
management activities are EPA's Indian Environmental General Assistance Program
(GAP, see pg. 15) and grant funds awarded under Sections 103 and 105 of the Clean Air
Act.
Additional Information:
Region 9 Air Division: (415) 744-1219
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REFRIGERANT RECYCLING
(STRATOSPHERIC OZONE PROGRAM)
Under Section 608 of the Clean Air Act, the EPA published final regulations on
May 14, 1993 that require service practices to maximize recycling of ozone-depleting
compounds (chlorofluorocarbons [CFCs] and hydrochlorofluorocarbons [HCFCs])
during the servicing and disposal of air conditioning and refrigeration equipment; set
certification requirements for technicians, reclaimers, and for recovery and recycling
equipment; and establish safe disposal requirements to ensure removal of refrigerants
from goods that enter the waste stream with the charge intact (e.g., motor vehicles, room
air conditioners, and home refrigerators).
Section 608 of the Act prohibits individuals from knowingly venting
ozone-depleting compounds and their substitutes used as refrigerants into the
atmosphere. Only three types of releases are permitted under the prohibition:
* minute quantities of refrigerant released in the course of making good faith
efforts to recapture and recycle or safely dispose of the refrigerant
$ refrigerant emitted in the course of normal operation of air conditioning and
refrigeration equipment such as from leaks and mechanical purging
(although there are leak repair requirements in many circumstances)
$ mixtures of nitrogen and R-22 that are used as holding charges or as leak test
gases; in these cases the ozone-depleting compound is not used as a
refrigerant
Use of Approved Equipment
Technicians repairing or servicing motor vehicle air conditioners must use either
refrigerant recover/recycle or recover-only equipment approved by the EPA. Most
certified equipment will be labeled as "design-certified to SAE standards." A list of both
types of approved equipment is available from EPA at:
EPA Region 9 AIR-5
75 Hawthorne St.
San Francisco, CA 94105-3901
or by phoning
Lead/CFC Hotline: (415)744-1086
or
EPA Stratospheric Ozone Information Hotline: 1-800-296-1996
Technician Training and Certification
Technicians who repairor service motor vehicle air conditioners must be trained
and certified by an EPA-approved organization. Training programs must cover a) the
use of recycling equipment in compliance with the Society of Automotive Engineers
(SAE) Standard J-1989, b) the regulatory requirements, c) the importance of refrigerant
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containment and d) the effects of ozone depletion. A list of approved testing programs is
available from EPA.
Hazardous Waste Disposal
Equipment that is typically dismantled on site before disposal (e.g., retail food
refrigeration) must have the refrigerant removed and recovered in accordance with
EPA's requirements for servicing. However, equipment that typically enters the waste
stream with the charge intact (e.g., motor vehicle and room air conditioners) is subject to
special safe disposal requirements. Under these requirements, the final person in the
disposal chain is responsible for ensuring that the refrigerant is recovered from the
equipment before its final disposal.
If refrigerants are recycled or reclaimed, they are not considered hazardous under
federal law. In addition, used oils contaminated with CFCs are not hazardous provided
that they are:
^ not mixed with other waste.
•0- subjected to CFC recycling or reclamation processes.
0- not mixed with used oils from other sources.
Used oils that contain CFCs after the CFC reclamation procedure are, however, subject
to specification limits for used oil fuels if these oils are destined for burning. Questions
regarding the proper handling of these materials should be directed to EPA's RCRA
Hotline (see below).
Additional Information:
For more information about hazardous waste, see the Superfund and Waste Programs
sections in this guidebook, particularly pgs. 49, 55-57.
Region 9 CFC/Lead Hotline: (415) 744-1086
EPA RCRA Hotline: 1 -800-424-9346
For information concerning regulations related to stratospheric ozone protection:
EPA Region 9 Lead/CFC Hotline: (415) 744-1086 or
EPA Stratospheric Ozone Hotline: 1-800-296-1996
(10am-4pm EST, M-F, except federal holidays)
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SUPERFUND PROGRAMS
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SUPERFUND PROGRAM
As the 1970s came to a close, a series of news stories gave Americans a look at
the dangers of dumping industrial and urban wastes on the land. First, there was New
York's Love Canal. Hazardous waste buried for 25 years contaminated streams and soil,
and endangered the health of nearby residents, who had to be evacuated. The dioxin-
tainted land and water in Times Beach, Missouri also attracted attention.
It became increasingly clear that there were large numbers of serious hazardous
waste problems that were falling through the cracks of existing environmental laws. The
magnitude of these emerging problems moved Congress to enact the Comprehensive
Environmental Response, Compensation, and Liability Act in 1980. CERCLA,
commonly known as Superfund, was established to deal with the dangers posed by the
Nation's hazardous waste sites.
Since the program began, hazardous waste has surfaced as a major environmental
concern in every part of the United States. It was not just the land that was contaminated
by past disposal practices, but chemicals in the soil were spreading into the groundwater
and into streams, lakes and wetlands as well. Toxic vapors contaminated the air at some
sites, while improperly disposed of or stored wastes threatened the health or
environmental resources of surrounding communities.
Few realized the size of the problem until the EPA began the process of site
discovery and evaluation. Thousands of potential sites existed. Congress directed EPA
to set priorities and establish a list of sites to target. The sites on the National Priority
List (NPL), almost 1,300 in number, are the most complex and compelling cases of the
entire inventory of potential hazardous waste sites. Superfund responds immediately to
sites posing imminent threats to human health and the environment at both NPL sites and
sites not on the NPL. The purpose is to stabilize, prevent or temper the effects of a
release of hazardous substances, or the threat of one, into the environment. Imminent
threats might include tire fires or transportation accidents involving the spill of hazardous
chemicals.
Superfund activities depend upon local participation. The EPA analyzes hazards
and deploys experts, but the Agency still needs community input. The EPA encourages
and solicits feedback from tribal governments and tribal members in Superfund clean up
decisions.
Additional Information:
Superfund Information Hotline: 1-800-535-0202
Region 9 Superfund Program Contact
Betsy Curnow: (415) 744-2344
Fact Sheet: THIS IS SUPERFUND A Citizen's guide to EPA's Superfund Program
Technology Innovation Office (TIO/OSWER): TIO maintains technical literature on the
descriptions of innovative treatment technologies and waste characterization methods that are currently
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being implemented in the field. TIO can also provide assistance to tribal communities/technical
organizations interested in the assessment/clean-up phases of waste site (including Superfund) activities.
For more information, call (703) 603-9910 or see their website below.
Websites:
<* www.epa.gov/superfund/index.htm
<* www.epa.gov/region09/waste/index.html
3- http://www.clu-in.org
EMERGENCY RESPONSE
Region 9 operates an Emergency Response Program to receive reports and
provide region-wide response to hazardous material (hazmat) incidents, sites, and oil
spills which are beyond the capability of local, state or tribal responders. The 24-hour
spill hotline number to call is (415) 744-2000. The person who answers the call will
obtain as much information as possible about the spill and will then arrange to have a
tribal, state or federal agency (as appropriate) respond to the spill.
EPA has a memorandum of understanding with Arizona through which the State
has agreed to provide hazmat emergency response on federal lands in Arizona.
California and Nevada do not provide hazmat response on tribal lands. Arizona will
respond on tribal lands only at the request of the tribe. Tribes benefit from this service
by obtaining faster EPA support and hazmat response.
Additional Information:
24-hour National Response Center: 1-800-424-8802
Region 9's 24-hour Spill Hotline: (415) 744-2000
Arizona Department of Environmental Quality's 24-hour Emergency Response Hotline:
(602) 207-2330
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WASTE PROGRAMS
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RESOURCE CONSERVATION AND
RECOVERY ACT
The Resource Conservation and Recovery Act (RCRA), an amendment to the
Solid Waste Disposal Act, was enacted in 1976 to address the huge volumes of
municipal and industrial solid waste generated nationwide. After several amendments,
the Act as it stands today governs the management of solid and hazardous waste and
underground storage tanks (USTs). Region 9 administers these programs through the
Waste Management Division. The goals of RCRA are:
»*To protect human health and the environment from the hazards posed by waste
disposal.
iw-To conserve energy and natural resources through waste recycling and recovery.
s*To reduce or eliminate, as expeditiously as possible, the amount of waste
generated, including hazardous waste.
*»To ensure that wastes are managed in a manner that is protective of human
health and the environment.
To achieve these goals, RCRA established three distinct yet interrelated programs:
the solid waste program, under RCRA Subtitle D; the hazardous waste program, under
RCRA Subtitle C; and the underground storage tank program, under RCRA Subtitle I.
Although RCRA creates a framework for the proper management of hazardous
and nonhazardous solid waste, it does not address the problems of hazardous waste
found at inactive or abandoned sites or from those resulting from spills that require
emergency response. These problems are addressed by the Superfund Program which
was established in 19802 (see pg. 49).
Additional Information:
RCRA Hotline: 1-800-424-9346
Region 9 Waste Management Division
Julie Anderson (415) 744-2138
RCRA Orientation Manual (EPA530-R-98-004) May 1998
"A Collection of Solid Waste Resources" (EPA530-C-98-001): a CD-ROM containing over
170 documents. This publication is free by calling the RCRA Hotline.
Training and Technical Assistance Directory for Tribal Solid Waste Managers
(EPA530-B-99-007)
Beat the Clock: Preparing Tribal Waste Management for the Next Millennium Y2K
(EPA530-F-99-015)
These publications can be ordered by calling the EPA National Service Center for
2RCRA Orientation Manual, May 1998. EPA530-R-98-004.
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Environmental Publications: 1 -800-490-9198 or by visiting their website:
& http://www.epa.gov/epahome/publications. htm.
Technology Innovation Office (TIO/OSWER): 770 maintains technical literature on the descriptions
of innovative treatment technologies and waste characterization methods that are currently being implemented in
the field. TIO can also provide assistance to tribal communities/technical organizations interested in the
assessment/clean-up phases of waste site (including Superfund) activities.
For more information, call (703) 603-9910 or go to:
3- http://www.clu-in.org
RCRA regulations were first published in 1980 and are constantly being amended. The
most effective ways to stay on top of these changes are to:
•f contact the Region 9 RCRA Information Line at (415) 744-2073.
$• visit the Region 9 Hazardous Waste Program web site at
http://www.epa.gov/region09/waste/rcra/ca/index.htm.
+ purchase the regulations annually, 40 CFR Parts 260-279 [U.S. Government Book
Store (415) 512-2770].
# check Federal Register Notices at http://www.access.gpo.gov/nara/cfr/index.html.
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HAZARDOUS WASTE
RCRA is the primary regulatory vehicle which assures that hazardous waste is
properly managed from the point of its generation to its ultimate disposal or destruction.
i.e., "from cradle to grave." RCRA establishes a very complex and comprehensive set of
requirements to define which hazardous wastes are subject to regulation as well as the
responsibilities of anyone who generates, transports, stores, treats, disposes, or otherwise
manages hazardous waste. Waste generated by individual households is not subject to
federal RCRA requirements.
Hazardous waste is prevalent throughout all levels of commerce and industry (and
municipal/tribal community operations). Wastes are identified as hazardous if they pose
a potential danger to human health or the environment when not properly treated,
stored, transported, disposed of, or otherwise managed. Potential dangers include
explosions, fires, corrosive destruction of materials, chemical reactions, and/or health-
impairing exposure to toxic chemicals. The greater the quantity or concentration of
chemicals exhibiting any of these dangers, the greater the need to assure their proper
management.
There are three categories of hazardous waste generators under the RCRA Subtitle
C program:
4-Large Quantity Generator- Facilities that generate more than 1,000 kilograms
(kg) per month of any hazardous waste, or more than one kilogram of any
"acute" hazardous waste (one kilogram is approximately 2.2 pounds and
1,000 kg is approximately five-55 gallon drums of material).
•f Small Quantity Generator- Facilities that generate less than 1,000 kg per
month of hazardous waste but more than 100 kilograms per month, and are
given additional time to comply with new regulations and for on-site
storage of their waste.
+Conditionally Exempt Generator- Facilities that generate less than 100
kilograms a month of any hazardous waste are conditionally exempt from
the RCRA regulations.
Handlers of hazardous waste (i.e., generating, storing, transporting, etc.) must
notify EPA and receive an EPA Hazardous Waste identification number. Different
timetables and responsibilities apply to the different activities. Large quantity generators
may accumulate waste on site for up to 90 days without triggering a requirement to
obtain a storage permit. Small quantity generators have up to 180 days. Securing a
permit authorizing the treatment, storage or disposal of hazardous waste is a very
expensive and lengthy process.
It is very likely that some types of hazardous waste are generated by businesses in
your community or by tribal facility operations themselves. Because hazardous waste
includes things like solvents, corrosives and materials containing heavy metals like
chromium, cadmium, and lead, vehicle maintenance shops often generate hazardous
waste that may be subject to RCRA requirements. Any discarded material must be
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evaluated to determine if it has been listed by EPA as hazardous waste or if the waste
exhibits any of the following characteristics: ignitability, corrosivity, reactivity, or
toxicity as determined by the Toxicity Characteristic Leaching Procedure (TCLP) test.
Care must be taken with management of products that are no longer wanted or
needed. Leftover pesticides from grounds-keeping operations, old paint thinner, etc.
must be fully evaluated before determining how to dispose of them. EPA has identified
several hundred chemical products which, if disposed of, would also be considered
"listed hazardous waste."
Hazardous Waste Reduction and Pollution Prevention
Many companies and regulated entities look for ways to reduce the amount of
hazardous waste produced in order to reduce expense and regulatory burdens. Waste
reduction can be accomplished through better housekeeping, careful purchasing, changes
in process, and a variety of other ways. Hazardous waste generators should examine
their waste streams and consider whether there might be a way to reduce what is being
generated. See also the Pollution Prevention section of this guidebook on pages 20-23
and also Region 9's Pollution Prevention Homepage at:
<* http://www.epa.gov/region09/cross pr/p2/index.htm
EPA and DOT Regulations and Compliance Assistance
In addition to EPA regulations, the Department of Transportation has regulations
which cover the handling of containers for all hazardous materials or wastes that undergo
loading, unloading, receiving, shipping and/or storage. This includes storage of any
container that will eventually be shipped. The regulations also concern any paperwork
associated with these activities and outline training requirements for facility personnel.
These regulations are codified in 49 CFR Parts 100-185.
Department of Transportation regulations:
O http://hazmat.dot.gov
Tips/Complaints/Referrals:
If you suspect the mismanagement of hazardous waste or desire to receive more
information on the proper handling of hazardous waste, please contact the following
sources:
Information on Regulations:
Region 9 RCRA Information Line: (415) 744-2073
Tips/Complaints:
RCRA Enforcement Section Chief: (415) 744-2148
Frances Schulz
0560
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Additional Information:
Waste Management Division: (415) 744-2113
National RCRA Hotline: 1-800-424-9346
Publications/Regulations:
RCRA Hazardous Waste Regulations, 40 CFR Parts 260-279
DOT Regulations, 49 CFR Parts 100-185
Understanding the Hazardous Waste Rules: A Handbook for Small Businesses,
1996 Update, EPA530-K-95-001
Web sites:
O EPA's HQ Office of Solid Waste and Emergency Response
http://www.epa.gov/epaoswer/osw/
http ://epa. go v/epaos wer/os w/catalog .h tm
O Center for Environmental Statistics http://www.epa.gov/ceis/
O RCRA Inspection Manual http://es.epa.gov/oeca/ore/rcra/index.html
O RCRA On-line http://www.epa.gov/rcraonline/
$ RCRIS/BRS data gateway, for information on specific sites, areas, or SIC codes
http://www.epa.gov/enviro/html/rcris/rcris query java.html
# EPA Enforcement/Compliance Assistance web site for sector notebooks. Notebooks on
a number of industry sectors that has information on types of hazardous waste generated and ways to
reduce/minimize waste. http://es.epa.gov/oeca/sector/index.html
# EnviroFaCts: The Envirofacts Warehouse allows the public to retrieve environmental information
from EPA databases on Air and Chemicals, Hazardous Waste, Risk Management Plans, Superfund,
Toxic Releases, and Water Permits and Drinking Water Programs as well as information about
Facilities and Grants/Funding. Online queries allow you to retrieve data from these sources and create
reports, or you may generate maps of environmental information by selecting from several mapping
applications available through EPA's Maps On Demand.
http://www.epa.gov/docs/enviro/index java.html
*> Department of Transportation regulations
http .7/hazmat.dot. go v
& Securities and Exchange Commission: Is that commercial company really bankrupt?
http://www.sec.gov/cgi-bin/srch-edgar
$ Material Safety Data Sheets database: What's in that product, and how bad is it?
http://MSDS.PDC.CORNELL.EDU/msdssrch.asp
http://www.chemfinder.com/
<* Association of Environ. Professionals http://www.aep-sfbav.org/resources.html
# Federal Regulations/Federal Notices http://www.access.gpo.gov/nara/cfr/index.html
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SOLID WASTE PROGRAM
Landfill Regulatory Program
In 1976, Congress directed the U. S. EPA to develop standards for the disposal of
solid waste. The two main regulations the EPA developed for the handling of solid
waste are 40 CFR Parts 257 and 258. These regulations are self-implementing, which
means that the EPA does not issue permits for the facilities but requires compliance with
the regulations by the owner/operators of the landfill facilities and documentation of that
compliance in an operating record.
40 CFR Part 257: The criteria established under this regulation applies to all
solid waste disposal sites and practices except agricultural and mining waste. The
minimum criteria includes evaluating the location of a site (flood plains, endangered
species habitats, etc.) and limiting disease vectors, groundwater contamination, and
explosive gases. This regulation has been in effect since 1979.
40 CFR Part 258: The criteria established under this regulation pertains to
disposal sites that accept household (or municipal) waste. Household waste is defined as
any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived
from households (including single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use
recreation areas). The effective date of this criteria was staggered between April 9,
1995-October 9,1997, depending on the size of the disposal site.
These regulations generally apply to a range of disposal facilities from monofills
to construction and demolition debris disposal sites including sites which accept
conditionally exempt small quantity generator hazardous waste (CESQG).
For many rural communities, the development and implementation of these
regulations require a radical change in solid waste practices. The changes can be
expensive if all options are not adequately addressed.
In addition to the work EPA is doing with tribes, Congress outlined a role for the
Indian Health Service (IHS) in Public Law 103-399, the Indian Lands Open Dump
Clean-Up Act. The Act has required IHS to inventory all open dumps in Indian Country,
assess their risk, and report back to Congress.
Actions Your Community Should Be Taking
4-Developing a Solid Waste Management Plan that addresses waste reduction,
reuse, recycling, composting, and landfilling options.
+Finding alternatives to open dumping and open burning.
4-Closing all existing open dumps and ceasing all open burning.
•^Developing community education plans to address solid waste problems and to
help find solutions.
4-Developing waste reduction programs (substituting reusable products for
disposable products, recycling, composting, buying recycled content
products, etc.) in your solid waste management and community education
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plans.
Waste Reduction/Recycling
The solid waste program also works with state, local and tribal governments, non-
profit organizations, and businesses to reduce the amount of waste generated and sent to
landfills. We offer publications, guidance, grants, software and training to help your
organization prevent, reduce and recycle waste. We also provide information on
purchasing recycled and environmentally preferable products.
<* Websites: http://www.epa.gov/wastewise/main.htm
http://www.epa.gov/cpg
Funding for projects
EPA also supports the development and/or enhancement of state and tribal source
reduction, recycling and composting programs through a variety of other grants
programs.
# Websites: http://www.epa.gov/region09/funding/index.html
http://www.epa.gov/tribalmsw
Additional Information:
Waste Division Tribal Liaison
Rebecca Jamison (415)744-2098
Solid Waste Program Chief
Heidi Hall (415)744-1284
National RCRA Hotline: 1 -800-424-9346
National Solid Waste Grants Database: includes over 500 grant and loan providers as well as
venture capitalists interested in recycling, reuse and solid waste management. To aCCCSS, contact
Fred Friedman at EPA New England's RCRA Research Library at (617) 918-1807 or at
friedman.fred @epa.gov
Publications/Regulations:
40 CFR Part 257 and 258
Executive Order 13101
Recycling Guide for Native American Nations: EPA530-K-95-006
Grant Resources for Solid Waste Activities in Indian Country: EPA530-R-98-014
Publications on Solid Waste Management in Indian Country: EPA530-B-98-004
Websites:
O EPA's Tribal Solid Waste Website:
http://www.epa.gov/epaoswer/non-hw/muncpl/index.httn
$ Solid Waste Association of North America:
http://www.swana.or/wastecon.htm
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ft EPA Regions 9's solid waste home page: has detailed program and contact information:
http://www.epa.gov/region9/waste/solid
& Indian Health Service: contains information on the inventories taken of all open dumps
www.ihs.gov/nonmedicalprograms/dfee/
0 EPA'S Jobs Through Recycling (JTR) program: provides information and solicitations for
states and tribes. The site includes summaries of both state and tribal projects that have received JTR
funding:
http://www.epa.gov/itr
<* Waste Wise: a free, voluntary program that helps partnering organizations save money by reducing
their waste. Waste Wise has over 900 partners spanning more than 77 industry sectors, including large
corporations, small and medium-sized businesses, universities, hospitals, state and local governments,
tribes, and other institutions:
http://www.epa.gov/wastewise
& Provides resources and information on purchasing recycled content products:
http://www.epa.gov/cpg
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UNDERGROUND STORAGE TANKS
Across the United States, there are approximately one million federally regulated
underground storage tanks (USTs) that store petroleum or hazardous substances. A UST
is defined as a tank, including underground piping connected to the tanks, that has at
least 10 percent of its volume underground. This definition includes the tank, connected
underground piping, and any underground ancillary equipment, such as valves, pumps,
and containment systems. It must also contain a regulated substance which is defined
under CERCLA §101(14), or petroleum. In other words, the federal UST regulations
apply only to USTs storing either petroleum or hazardous substances. The vast majority
of USTs store petroleum products; only less than 3% store hazardous substances.7 The
UST regulations (40 CFR Part 280) cover notification (registration), performance
standards for new and existing tanks, tank closure, release detection, clean-up activities,
financial responsibility, reporting and record keeping.
Q&A:
1) Do the UST regulations apply to all underground storage tanks?
NO. THE FOLLOWING ARE SOME EXCEPTIONS:
»*Farm and residential tanks holding 1,100 or fewer gallons of motor fuel used for
noncommercial purposes.
»*Tanks used to store heating oil for consumption on the premises where it is
stored.
B»Tanks on or above the floor of tunnels or basements, and septic tanks and
systems for collecting storm water or wastewater.
""•Flow-through process tanks.
»»Tanks holding 110 or fewer gallons.
^Emergency spill and overfill tanks.
»*Other storage areas that might be considered "tanks," such as surface
impoundments, pits, ponds, or lagoons.
»*Tanks which contain hazardous waste.
2) What are the goals of the UST regulations?
«^To prevent leaks and spills.
«»To identify leaks and spills.
»»To clean up leaks and spills.
«*To ensure that owners and operators of USTs provide a financial means to pay
for correcting the problems created if their USTs leak.
3) If the UST regulations apply, what must an owner/operator do?
•"•Ensure that tanks are registered with form 7530-1 and that the completed form
is sent to the U.S. EPA Region 9 Office of Underground Storage Tanks
(see address in the next Additional Information Section).
3RCRA Orientation Manual, May 1998, EPA530-R-98-004
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^Employ an approved method of leak detection for both tanks and piping.
""•Install spill, overfill and corrosion protection for tanks. Tanks installed prior to
December 22, 1988 had to be closed, removed, replaced or upgraded with
spill, overfill and corrosion protection by December 22, 1998.
""•Demonstrate financial responsibility for the cost of cleaning up a leak or
compensating other people for injury or property damage caused by a
leaking UST. The compliance date for local governments and Indian tribes
was December 31, 1998.
4) What should be done if USTs come under the regulations, but are not being
used?
""•Follow closure requirements as outlined in 40 CFR 280, Subpart G. (Note:
Tanks not used from 3 to 12 months can be temporarily closed by leaving
vent lines open and functioning, and capping and securing all other lines,
pumps, man ways and ancillary equipment.)
^Permanent closure is required beyond 12 months when the tank(s) must be
either filled with an inert material or removed.
»*-If a groundwater monitoring system or a vapor monitoring system was in
operation at the time of closure and indicates no release has occurred, a site
assessment is not required. EPA will help you decide how best to close the
UST so that it meets all federal requirements.
5) If a leak or spill should occur, what must be done?
^Contact the closest fire department to ensure that it does not pose a hazard to
human health.
""•Contact the EPA within 24 hours to report the release/spill; the regulatory
authority will decide if you must take further action.
6) The tribe owns/operates tanks for tribal business, not retail uses. Must they
comply with these regulations as well?
YES.
Additional Information:
EPA National Service Center for Environmental Publications: 1 -800-490-9198
Underground Storage Tanks Programs Office Chief
Lester Kaufman (415) 744-2079
Federal UST regulations can be found on the OUST website listed below.
Publications:
The following documents are available from EPA's toll-free RCRA/Superfund Hotline at
1-800-424-9346 or by visiting the following website:
3- http://www.epa.gov/ncepihom/orderpub.html
O62O
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List of Known Insurance Providers for USTs (EPA510-B-00-004, January 2000)
UST Program Directory (EPA510-B-00-005, February 2000)
Catalog of EPA Materials on USTs: Publications, Videos, Software and Internet
Availability (EPA510-B-00-001, January 2000)
You may order up to 30 free copies of the following publications through the UST
Office:
Catalog of EPA Materials on Underground Storage Tanks (EPA-510-B-98-001)
Musts for USTs: A Summary of the Federal Regulations for Underground Storage Tank
Systems (EPA 510-K-95-002)
Closing Underground Storage Tanks: Brief Facts (EPA 510-F-96-004)
Dollars & Sense (EPA 510-K-95-004)
Don't Wait Until 1998: Spill, Overfill, and Corrosion Protection for Underground
Storage Tanks (EPA 510-B-94-002)
How to Effectively Recover Free Product At Leaking Underground Storage Tank Sites: A
Guide for State Regulators (EPA 510-R-96-001). September 1996
How to Evaluate Alternative Cleanup Technologies for Underground Storage Tank
Sites: A Guide for Corrective Action Plan Reviewers (EPA 510-B-94-003)
Web sites:
#EPA-HQ Office of Underground Storage Tanks (OUST)
http://www.epa.gov/oust
^Underground Tank Technology Update (UTTU)
http://epdwww.engr.wisc.edu/uttu/
$NEIWPCC's L.U.S.T. Line, a national bulletin on underground storage tanks
http://www.neiwpcc.org/educate.html
^Other Associations
http://www.eDa.gov/swerustl/resource/othrasoc.htm
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WATER PROGRAMS
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SAFE DRINKING WATER ACT: PUBLIC
WATER SYSTEMS
The Safe Drinking Water Act (SDWA) is the federal law regulating the quality of
drinking water from a public water supply (PWS). The purpose of the act is to make
sure that the drinking water supplied to the public is safe for human consumption. The
EPA has the responsibility of setting national drinking water standards which must be
met by all water supplied to the public. The EPA also has the authority and
responsibility to implement the SDWA and its associated regulations in Indian Country.
All public water systems in Indian Country, regardless of ownership, must comply with
these requirements. The EPA retains the primary enforcement responsibility for this
PWS until a tribe has applied for, and been approved for, primacy under the SDWA
Public Water Supply Supervision program.
A public water system (PWS) is defined as "... a system for the provision to the
public of piped water for human consumption if such system has at least 15 service
connections or regularly serves an average of at least 25 individuals daily at least 60 days
out of the year." PWSs are divided into three categories: community systems, transient
non-community systems, and non-transient non-community systems.
•^Community systems serve a year-round residential population such as a village.
•^•Non-transient non-community systems serve at least the same 25 people at least
six months of the year (e.g., schools, clinics, factories, etc.). This type of
system serves the same people nearly every day but they do not actually
live at the facility.
•^•Transient non-community systems serve at least 25 mobile or transient people at
least 60 days of the year at locations such as hotels, restaurants and
seasonal campgrounds.
General Responsibilities
It is the responsibility of the owner of a'public water system to meet the following
general requirements:
Sampling and Reporting: Each supplier of water must collect samples from the
water system, take them to a certified laboratory for analysis, and send the results to the
EPA. The type of analysis performed, the sampling frequency, and the location of the
sampling point vary from system to system depending on the category of the system
(community, transient non-community or non-transient non-community), the number of
people served, the number of service connections, and whether it uses surface water or
groundwater as its source of supply.
Record Keeping: The water supplier must keep information about the system on
file. This information includes laboratory sample results, sanitary surveys, steps taken to
correct problems, operation and maintenance records, and correspondence.
Public Notification: Any time there is a violation of the regulations, the public
must be notified. The purpose of the public notification is to inform consumers of any
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potential adverse health effects and to describe what steps they can take to minimize the
impact. The method, timing and frequency of the public notice vary based upon the
severity of the violation. Each public notice must meet certain requirements concerning
the information it contains and the way that it is issued.
Proper Operation and Maintenance (O&M): The water supplier is responsible
for ensuring that the system is properly operated and maintained by qualified persons.
This includes correcting problems that cause violations of the requirements. Water
system O&M is key to providing a safe supply of drinking water.
It is important to note that the SDWA does not provide funds for the construction
or improvement of water systems, ongoing operation and maintenance, or for the
monitoring of drinking water quality. Funding is available for operator training;
technical, managerial, and financial capacity building; and infrastructure funding. On an
annual basis, EPA normally issues a request for proposals so that projects can be
prioritized for funding.
Drinking Water Standards
EPA sets drinking water standards which apply to all public water systems. There
are two types of national standards: primary and secondary. Primary standards are
health-based and enforceable. Secondary standards are based on the aesthetic quality of
the water and are non-enforceable guidelines.
Primary standards are established as either Maximum Contaminant Levels
(MCLs) or as Treatment Technique Requirements. MCLs are the numerical standards
against which the water quality is judged. A system will be judged for compliance with
the MCLs based upon results of required water sampling. Treatment Technique
Requirements are set for contaminants which are difficult or costly to measure. EPA
chooses in some cases to require specific water treatment practices (such as filtration or
corrosion control) to remove these contaminants and prevent health problems. The
treatment technique is required in place of setting an MCL.
Secondary standards consist of Secondary Maximum Contaminant Levels
(SMCLs) which are associated with the aesthetic quality of water such as taste, odor and
color. Water with contaminants at levels above the SMCLs may not be pleasant to drink
but will not cause health problems. SMCLs are guidelines, not enforceable standards.
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Monitoring
Water systems are required to monitor the quality of the drinking water supplied
to the public. The type of analysis performed, the sampling frequency, and the location
of the sampling point vary from system to system depending on the category of the
system (community, transient non-community, or non-transient non-community), the
number of people served, the number of service connections, and whether it uses surface
water or groundwater as its source of supply. Monitoring requirements include testing
for the following contaminant groups: Coliform bacteria (Total Coliform Rule);
Inorganic Chemicals; Volatile Organic Chemicals, Pesticides, and Synthetic Organic
Chemicals; Radionuclides; and Disinfection By-Products.
EPA Region 9 has implemented a "Monitoring Waiver Program" for PWS in
Indian Country. A tribe's water system may be eligible for reduced monitoring
frequency based upon previous monitoring results, characteristics of the system, and land
use practices in the watershed. Contact EPA for the monitoring requirements specific to
your water system and for information about the Monitoring Waiver Program application
process (see Additional Information at the end of this section).
The Total Coliform Rule requires that samples for coliform bacteria be collected
on a routine (usually monthly) basis from locations in the distribution system. Coliform
bacteria is used to identify the presence of potentially harmful bacteria in the water. The
MCL is based upon the presence or absence of coliform bacteria.
The Surface Water Treatment Rule requires that water systems using surface
water sources or ground waters which are directly influenced by surface water must filter
and disinfect prior to delivery to the public. The monitoring of treated water turbidity
and disinfectant residue is required as part of this treatment technique requirement.
Chemical Monitoring
Each chemical contaminant group consists of a list of specific contaminants:
Inorganic Chemicals:
Antimony Cyanide Selenium
Arsenic Fluoride Sodium
Asbestos Mercury Thallium
Barium Nitrate
Beryllium Nitrite
Cadmium
Chromium
Lead and Copper (Lead and Copper Rule Monitoring)
Disinfectant By-Products: Total Trihalomethanes
Radionuclides (RAD): Gross Alpha and Radium 226 & 228.
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Volatile Organic Chemicals (VOC):
Benzene
Carbon tetrachloride
o-Dichlorobenzene
para-Dichlorobenzene
1,2-Dichloroethane
1,1-Dichloroethylene
cis-1,2-Dichloroethy lene
trans-1,2-Dichloroethylene
Dichloromethane
1,2-Dichloropropane
Ethylbenzene
Monochlorobenzene
Styrene
Tetrachloroethylene
Toluene
1,2,4-Trichlorobenzene
1,1,1 -Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
Vinyl chloride
Xylenes (total)
Pesticides & Synthetic Organic Chemicals (SOC):
Alachor
Arazine
Benzo(a) pyrene (PAH)
Carbofuran
Chlordane
2,4-D
Dalapon
Di(2-ethyhexyl)adipate
Dibromochloropropane
(DBCP)
Dinoseb
Di(2-ethyhexyl)-
phthalates
Diquat
Endothall
Endrin
Ethylene dibromide
(EDB)
Glyphosphate
Heptachlor
Heptachlor epoxide
Hexachlorobenzene
Hexachlorocyclopenta-
diene
Lindane
Methyloxychlor
Oxymal (Vydate)
Pentanchlorophenol
Picloram
Polychlohnated
biphenyls (PCBs)
Simazine
2,3,7,8- TCDD (Dioxin)
Toxaphene
2,4,5- TP (Silvex)
Unregulated Contaminants are contaminants which must be sampled but for
which no MCL has been set. This means that there is a requirement to monitor these
contaminants and to report any detections to EPA. Samples for unregulated
contaminants are usually collected in conjunction with regulated contaminant
monitoring. Unregulated contaminants include the following :
Inorganic Chemicals: Nickel and Sulfate (total: 2)
Pesticides and Synthetic Organic Chemicals: Aldrin, Butachlor, Carbaryl, Dicamba,
Dieldrin, 3-Hydroxycarbofuran, Methomyl, Metolachlor, Metribuzin, Propachlor
(total: 10)
Organic Chemicals Under Court Order Stay: Aldicarb, Aldicarb sulfone, Aldicarb
sulfoxide (total: 3)
Volatile Organic Chemicals: Bromobenzene, Bromodichloromethane, Bromoform,
Bromomethane, Chlorobenzene, Chlorodibromomethane, Chloroethane, Chloroform,
Chloromethane, o-Chlorotoluene, p-Chlorotoluene, Dibromomethane, m-
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Dichlorobenzene, 1,1-Dichloroethane, 1,1 Dichloropropene, 1,3-Dichloropropane, 1.3-
Dichloropropene, 2,2Dichloropropane, 1,1-,1,2-Tetrachloroethane, 1,1,2,2-
Tetrachloroethane, l,2,3Trichloropropane (total: 21)
Additional Information:
Project Officer to Contact:
Navajo Nation
Danny Collier (415) 744-1856
Northern & Central California
Su Cox (415) 744-1855
Southern California
Helen McKinley (415) 744-1943
Arizona (except Navajo Nation,
Tohono O'odham Nation, and
Lower Colorado River Area)
Kevin Ryan (415) 744-2052
Arizona, Lower Colorado River Area
Karl Banks (415) 744-1849
Nevada, Owens Valley, CA,
and Tohono O'odham Nation
Roger Yates (415)744-1843
Publications:
Water Quality Standards Software: two tutorials on CD-ROM; one about Water
Standards Quality and Criteria and the second about Water- Effect Ratio for Metals
Region 9 can provide copies upon request.
"Introduction to Water Quality:" a water quality training course developed buy the
Natural Resource Conservation Service (NRCS). Register online at
frhttD://www.ftw.nrcs.usda. eov/nedc/homeDaffe.html
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SAFE DRINKING WATER ACT: UNDERGROUND
INJECTION CONTROL
Ground water supplies over half the nation's drinking water, especially in rural
areas. It is vulnerable to contamination from activities occurring in and around it. The
Underground Injection Control (UIC) Program was established under the Safe Drinking
Water Act to protect the nation's potable groundwater supplies. The UIC program
regulates the subsurface injection of wastewater below, into and above underground
sources of drinking water (USDW).
Types of UIC wells:
Class I Wells which inject hazardous waste below the lowermost USDW,
including industrial and municipal wells and all other wells that inject
domestic, industrial, or hazardous fluids.
Class n Wells used in oil and gas production.
Class El Wells which inject fluids used in mineral extraction activities.
Class IV Wells which inject hazardous or radioactive waste into or above a potable
source of groundwater. Class IV wells are prohibited.
Class V Wells which inject all other nonhazardous wastes into or above a USDW.
These are any wells not included in Classes I-IV. These wells are currently
authorized by rule unless EPA (or a primacy state/ organization)
determines that a permit is needed to ensure protection of USDWs.
Examples of Class V wells: dry wells collecting surface water runoff,
automotive disposal wells, and septic tanks which accept industrial wastes.
"Injection" includes seeping, flowing, leaching, and pumping with or
without pressure.
Class I, n and HI wells are very specifically regulated regarding their
construction, operation and monitoring. Class IV wells are banned unless they are part
of an authorized groundwater cleanup. Class V wells (also called shallow injection
wells) constitute the majority of underground injection activities (at least 90% of all such
wells are believed to be Class V) and can become a major threat to groundwater
resources if used improperly.
Any business that generates liquid waste that is not connected to a municipal
sewer is likely to utilize some sort of underground injection to get rid of wastewater.
Often, septic systems designed to handle biological wastes from homes are used by
businesses to dispose of chemical waste products. The septic system is then unable to
treat any waste, and the combined waste stream discharges directly into or above
groundwater.
Facilities likely to generate wastes that pose a significant risk to groundwater
include: automotive service stations, dry cleaners, transportation service bays, pesticide
applicators, photoprocessors, electroplaters, printers, chemical and electronics
manufacturers, pharmaceutical companies, food processors, and many more. (Please
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note that septic tanks with the capacity to serve fewer than 20 persons per day and
receive only biological waste are exempt from UIC regulations.)
SAFE DRINKING WATER ACT:
WELLHEAD PROTECTION
Groundwater is used by more than half of all Americans for drinking purposes.
Rural areas depend on groundwater for 95% of their drinking water. The nation's
agricultural community uses groundwater for about half of its needs, and it supplies
nearly one-third of industry's water requirements. Local communities can protect their
groundwater resources and prevent contamination by incorporating wellhead protection
activities into land use management efforts.
Wellhead Protection
Wellhead protection is delineating (drawing) boundaries around a water supply
well or well field, and then managing activities within those boundaries to prevent
pollutants from getting to the groundwater which contributes to the well. The delineated
area is also called the wellhead protection area (WHPA). Activities which may be
managed or limited within a WHPA are any land or subterranean disposal of waste or
application of chemicals from industrial, residential or agricultural sources. This
includes dumps, septic systems and injection wells.
WHPA boundaries are based on hydrogeologic factors, like the time-of-travel of
ground water flowing to the well, aquifer boundaries and the degree to which the aquifer
is confined, and pumping rates. All of these hydrogeologic characteristics have a direct
effect on the likelihood, extent, and movement of contamination.
Some communities find that it is most appropriate to practice whole aquifer
protection, or to define the entire aquifer as their wellhead protection area. However it is
defined, and whether it is called a protected recharge zone, wellhead protection area, or
aquifer protection area, the steps outlined below apply.
Steps to Establishing a Successful Wellhead Protection Program
1) Specify roles, duties and authorities of tribal, local, state, and federal agencies
with an interest in managing the quality and quantity of groundwater resources in
the approximate recharge area. Try to reach a consensus regarding the need for
joint management and protection of the resource.
2) Delineate the wellhead protection area (WHPA) for each wellhead. The
delineation method you choose might depend on available data, staff and funds
allocated to contract a hydrogeologist if one is not locally available.
3) Identify potential sources of contaminants within each WHPA. This inventory
should consider historical, current and future land uses. Much success has been
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achieved from using student and/or senior volunteers in this step.
4) Develop management approaches to protect the WHPA from contaminants.
Management may be regulatory, non-regulatory or legislative and include zoning,
health regulations and public education. Educating residents and businesses
within the WHPA on the value of groundwater and how to prevent or minimize
the threat of contamination is extremely important.
5) Develop a contingency plan for each public water supply system, so that if
contamination is detected, an alternate water supply is available.
6) Site new wells carefully to maximize yield and minimize potential contamination.
7) Keep the public involved. By participating in wellhead protection efforts, they are
taking practical steps to protecting their health and the health of the community.
Please contact the EPA regional office if you would like additional information
regarding local Wellhead Protection (see contact numbers below).
Additional Information:
Federal Office of Water Resources:
Ground Water Office (WTR-9)
Joaquin Cruz, Engineer: (415) 744-1839
(202) 260-7786
Publications:
"Wastewater Treatment Programs Serving Small Communities" (EPA832-R-00-002)
Contact the Office of Water Resources listed above for copies.
Websites:
& Office of Water: www.epa.gov/OW
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CLEAN WATER ACT
Background
Although federal laws dealing with water quality have existed for almost fifty
years, the current era of water pollution control began in 1972 with the comprehensive
amendments to the Federal Water Pollution Control Act, the formal name of the Clean
Water Act (CWA). The goal of the CWA "... is to restore and maintain the chemical,
physical, and biological integrity of the Nation's water," primarily through a prohibition
against discharging pollution into the waters of the United States. While not
comprehensive (certain sources of pollution are not directly regulated), the CWA does
deal with a complex variety of matters concerning water pollution, including the
following: grants for construction projects, research and study; development of water
pollution control programs; permitting and regulating discharges; and establishing water
quality standards.
It was not until 1987 that Congress dealt directly with the role of Indian tribes by
enacting Section 518(e) of the CWA which allows the Administrator to treat Indian
tribes as states for specific purposes under the Act. In essence, Section 518 expanded the
state/federal relationship to include a tribal/federal relationship. Most importantly,
eligible tribes, like states, can obtain grants to develop water quality programs, establish
water quality standards, issue NPDES permits, and provide certifications under section
401. To be eligible, a tribe must:
1) be federally recognized.
2) have a governing body that carries out substantial duties and powers.
3) possess civil regulatory jurisdiction to carry out the functions it seeks to
exercise.
4) demonstrate its capability to carry out those functions. EPA has promulgated
regulations implementing Section 518 (e) and has established procedures
for processing applications under the applicable programs.
Section 106 Water Quality Management Plan
Section 106 of the CWA provides financial assistance to eligible tribes for the
assessment, prevention, reduction and elimination of water pollution. Tribes can use
Section 106 funds to develop a water quality standards program, for groundwater and
wetlands protection, and to abate nonpoint source water pollution. However, 106 funds
cannot be used to construct water treatment facilities, monitor the quality of water used
solely for drinking, or work on water rights issues. Up to three percent of funds available
under Section 106 are set aside for Indian tribes. To receive a grant, a tribe must show
that it is eligible under the criteria found in Section 518(e) and must have an EPA-
approved work plan, which can be developed by tribal staff or consultants.
Some of the tribal projects that have already been funded under the 106 program
include:
•0-Developing and refining Best Management Practices
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^Developing and implementing a water quality standards program
<0>Reviewing stream classification systems, compiling and evaluating existing
data, and conducting a Rapid Bioassessment of streams
•^•Evaluating pesticide contamination of surface water and conducting a detailed
ammonia study
•^Conducting groundwater inventory
•v-Assessing the effects of siltation on a river
•^•Developing a water quality classification and assessing management options
Additional Information:
Clean Water Act Grants for Indian Tribes Section 106 Guidelines
"Indian Tribes: Water Quality Planning & Management," Federal Register,
Vol. 54, No. 68, April 11, 1989.
Federal Register, 40 CFR Parts 35 & 130, March 23, 1994
Federal Register, 40 CFR Parts 35 & 130, January 11, 1985
Nonpoint Source Pollution Control
Section 319(h) of the Clean Water Act provides financial assistance for the
abatement of water pollution caused by nonpoint sources. Nonpoint sources of water
pollution are multiple, diffuse sources of pollution. Primary nonpoint sources of
pollution include runoff from urban areas, fanning, feedlots, mining and forestry. The
major pollutant from nonpoint sources by volume is sediment. Runoff may also carry oil
and gasoline, agricultural chemicals, heavy metals and toxic substances, as well as
bacteria, viruses, and oxygen-demanding compounds.
Using 319 funds, eligible tribes can fund activities including information and
education, demonstration projects, and implementation of Best Management Practices
(BMPs) for controlling nonpoint sources of pollution. The 319 program is a non-
regulatory program.
Up to one-third of one percent of the funds available under Section 319 are set
aside for eligible Indian tribes. To receive a grant, a tribe must show that it is eligible
and must have an EPA-approved nonpoint source assessment and nonpoint source
management plan. A section 106 grant can fund development of the assessment and
management plan. A project implementation plan and work plan are also required.
Normally, a non-federal match of 40% is necessary. However, upon demonstration of
financial hardship, a minimum 10% cost share can be allowed.
Additional Information:
"Indian Tribes: Water Quality Planning & Management," Federal Register, Vol 54
No. 68, April, 1989.
"Guidance on the Award and Management of Nonpoint Source Program Implementation
Grants under Section 319(h) of the Clean Water Act," June 11, 1993.
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Indian Set-Aside Program
Section 518(c) of the CWA establishes an Indian Set-Aside Grant Program. One-
half of one percent of the funds available under Section 207 of the CWA are reserved for
the development of wastewater management plans and the construction of sewage
treatment works that serve Indian tribes. Grants are awarded according to a national
priority listing that is based on three categories of criteria: water quality, public health,
and existing level of treatment. The Set-Aside Program provides funds to Indian tribes
(as defined by the CWA), Alaska Native Villages (as defined by the Alaska Native
Claims Act), and tribes on former reservations in Oklahoma.
Additional Information:
"Guidelines and Requirements For Applying For Grants From The Indian Set-Aside
Program," EPA, April 1989.
Water Quality Standards Program
Under Section 303 of the CWA, tribes can establish water quality standards,
which must be periodically reviewed and updated. "Designated uses" and "criteria"
comprise some water quality standards terminology. Designated uses are the uses for
each water body that are to be maintained by the standards (for example, a "cold water
fishery" or "industrial water supply"). Tribes must also create criteria that specify what
concentrations of pollutants will ensure that the designated uses are met. Criteria are
usually stated in numerical amounts but can also be written in narrative form. In
addition, the CWA requires that a tribe have an antidegradation policy which insures that
the tribe's standards maintain existing uses and quality.
To participate in the water quality standards program, a tribe must demonstrate
that it is eligible under the criteria contained in Section 518(e) of the CWA and must
develop water quality standards pursuant to the requirements of the statute and
regulations. EPA must review and approve the standards in the same manner as it
approves state standards. Tribal water quality standards serve as the basis for
certifications under Section 401 of the CWA and are implemented through discharge
permits, dredge and fill ("404") permits, and best management practices to control
nonpoint sources of pollution. A tribe that has obtained approval of its water quality
standards also becomes the certifying authority under Section 401 of the CWA. A tribe
may use Section 106 funds to develop and implement the standards. No additional
funding is available under Section 303 itself.
Additional Information:
40 CFR, Part 131, Water Quality Standards Regulation
"Amendments to the Water Quality Standards Regulation that pertain to Standards on
Indian Reservations;" Final Rule. 56 Federal Register 6 4876, December 12, 1991
"Reference Guide to Water. Quality Standards for Indian Tribes," US EPA,
January 1990
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National Pollution Discharge Elimination System
The CWA generally prohibits discharging any pollutants into the waters of the
United States except in compliance with certain sections of the statute. One of the
primary exceptions to the prohibition is the National Pollutant Discharge Elimination
System (NPDES) program found in section 402 of the Act. Every person, including
tribal facilities, that discharges into the waters of the United States must have an NPDES
permit.
The most significant terms found in NPDES permits are the effluent limitations.
There are two types of effluent limitations- technology-based and water quality-based-
that regulate the content of the discharge based on available pollution control technology
and are set to control the effects that the discharge will have on the receiving water.
Thus, NPDES allows work in concert with water quality standards established by tribes,
states or the federal government. In addition, pursuant to Section 401 of the CWA, a
person seeking an NPDES permit must obtain a certification that the proposed project
will comply with specific provisions of the CWA. In the case of a tribe that has EPA-
approved water quality standards, the tribe is the certifying authority for the purposes of
Section 401.
Section 518(e) authorizes EPA to approve tribal NPDES programs in substantially
the same manner as the Agency approves state programs. A tribe may obtain approval
by demonstrating that it is eligible under the criteria found in Section 518(e) and
submitting the appropriate information as required in 40 CFR Part 123. Until a tribe has
an approved NPDES program, EPA will continue to implement the federal NPDES
program within the tribe's jurisdiction. Prior to approval of a tribal NPDES program,
tribes can increase awareness and education concerning the requirements of the CWA
and wastewater collection and disposal, and can implement the most appropriate
wastewater collection and treatment policies.
Additional Information:
"Treatment of Indian Tribes as States for Purposes of Section 308, 3099 4019 402, and
405 of the Clean Water Act (CWA)" 58 Fed. Reg. 67966 (December 22,1993) (codified
at 40 CFR Parts 122, 123,124, and 501)
Sewage Sludge Use and Disposal
Municipal wastewater sludge (or biosolids) is a by-product of the wastewater
treatment process. Sludge regulations ensure that sewage sludge is properly handled by
disposal or reused as a soil conditioner or fertilizer. Federal regulations set limits for 10
metals, requirements for disease pathogen reduction, requirements for vector attraction
reduction, and management practices when sludge is used or disposed.
The regulations apply to sludge produced by wastewater treatment systems
(including tribal systems) with any form of central treatment or mechanical plant,
including a lagoon, which would need to be cleaned. The regulations do not apply to
individual on-site septic systems. However, the regulations apply to the disposal or reuse
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of the septage from the individual on-site systems.
The final sewage sludge regulations were published on February 19, 1993 and
became effective on March 22, 1993. Full compliance was required by February 19,
1995, and monitoring and record keeping was required starting July 19, 1993.
Tribes and their members should be aware of restrictions covering proper use of
the sewage sludge for land application (agricultural and small quantity local use) and
proper disposal (incineration, surface disposal, dedicated land disposal, disposal in a
municipal solid waste landfill, or placement in a sludge monofill). Tribes (except those
with lagoons') should immediately begin testing their sludge to determine its quality.
Then, the communities should evaluate which options are available based on the sludge
in accordance with the regulations.
These regulations are "self-implementing;" they are in effect and enforceable
whether or not they are specified in a permit. However, wastewater treatment plants
must submit a sludge permit application with their NPDES permit application.
Anyone else who generates or treats sludge must submit an application 180 days
prior to start-up.
Additional Information:
Sewage Sludge Final Rule, 40 CFR Part 503
Pretreatment Requirements
Pretreatment is the treatment of a waste before it is discharged into the sanitary
sewer. A pretreatment program includes ordinances, education, inspections, monitoring
and enforcement. Pretreatment requirements control pollutants which are incompatible
or will interfere with the treatment process or pass through the treatment facility and
cause problems in the receiving stream or lake. In addition, pretreatment requirements
will improve opportunities to recycle and reclaim domestic and industrial wastewaters
and sludges.
Traditionally, the smaller treatment facilities with individual discharges are not
required to establish local pretreatment programs. If a tribe has non-domestic users (such
as sawmills, food processing plants, metal finishers, etc.) discharging pollutants that
could pass through the treatment facility untreated or could interfere with operations, the
tribe may have to implement a pretreatment program to satisfy the NPDES permit
requirements.
Current NPDES permits contain a section on prohibited discharges and industrial
waste. These are pretreatment requirements and are designed to insure that treatment
facilities are protected. Pretreatment discharge requirements may be imposed on
industrial users of the wastewater system based on minimum treatment requirements; the
protection of the-collection system, treatment facility, or its workers; or to insure that the
The regulations do not cover lagoons but do apply to the sludge at the time it is removed from the lagoon
for use or disposal.
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treatment facility complies with its own NPDES permit limits.
If a tribe is required to establish a pretreatment program, the tribe will need to
establish ordinances implementing the pretreatment requirements, and identify a person
responsible for insuring the program is administered and enforced. If a tribe wants to
establish a local pretreatment program, and is not required to through its NPDES permit,
the tribe should contact EPA for assistance.
Additional Information:
Pretreatment Final Rule, 40 CFR 403
Storm Water
The storm water regulations are a new part of the National Pollutant Discharge
Elimination System (NPDES) under Section 402(p). In response to these additions, EPA
issued final regulations in November 1990 which define the initial scope of the NPDES
permit program for storm water discharges. The regulations define the terms "storm
water discharges associated with industrial activity" and "large and medium municipal
separate storm sewer systems" and the permit application requirements for these
discharges.
At this time, the municipal side of the program requires applications only from
cities with a population of 100,000 or more, and counties having large populations in
unincorporated, urbanized areas. Phase n (which will be initiated in approximately
2004) may require communities less than 100,000 to obtain a permit and develop a storm
water management program. The regulations define 11 categories of industrial activities
subject to storm water permit requirements which include landfills, airports, power
plants, and construction activities that disturb more than 5 acres of land. EPA will be
able to give tribes assistance to determine which of their industrial operations need
permits and how to apply for the permits.
Tribes should develop information and education programs to increase awareness
of the relation between the storm water drain system and local lakes or streams. Storm
water runoff collects in street gutters and storm drains and flows directly to streams with
little or no treatment. Members need to be educated so that they are aware of the role
they play in the quality of the streams and lakes. Dumping used motor oil, unused paint,
pesticides and other household chemicals on the ground or in the street can severely
impact nearby surface water.
Tribes should also consider establishing ordinances or regulations controlling the
improper disposal or discharge of pollutants to the municipal storm water drain system.
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Water and Wetlands Protection
An integral part of the CWA is the restoration and maintenance of the nation's
wetlands. EPA, in partnership with tribal governments, is responsible for protecting
wetland resources. The major federal regulatory tool for this is Section 404 of the CWA,
which is jointly administered by the U.S. Army Corps of Engineers and EPA. Section
404 establishes a permit program to regulate the discharge of dredged or fill material into
waters of the U.S., including most wetlands. Failure to obtain a permit or to comply with
the terms of a permit can result in civil and/or criminal penalties. The U.S. Fish and
Wildlife Service has an important advisory role in the permit review process.
Waters of the U.S. include lakes, streams, rivers, wetlands and coastal waters.
Wetlands are areas which are saturated or flooded for varying periods of time during the
growing season. Because of the presence of water, there is a prevalence of aquatic or
hydrophytic vegetation, such as that found in swamps, marshes, bogs and similar areas.
Besides providing fish and wildlife habitat, wetlands also improve water quality by
acting as filters, offering flood protection, buffering shorelines against erosion, and
providing areas for recreation.
Section 518(e) authorizes EPA to approve tribal wetlands programs in
substantially the same manner as the Agency approves state programs. A tribe may
obtain approval by demonstrating that it is eligible under the criteria found in Section
518(e) and submitting the appropriate information as required in 40 CFR Part 233. Until
a tribe has an approved wetlands program, EPA will continue to implement the federal
wetlands program within the tribe's jurisdiction.
Additional Information:
"Clean Water Act; Section 404 Tribal Regulations" 58 Fed. Reg. 8171 (February 11,
1993) (Codified at 40 CFR, Parts 232 and 233)
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US-MEXICO TRIBAL BORDER INFRASTRUCTURE
PROGRAM
Background
The Tribal Border Infrastructure Program (WTR-10): State, Tribal and Municipal
Programs Office. The EPA's 1996 and subsequent Congressional appropriations bills
designated funds for infrastructure projects within 100 km (approximately 62 miles) of
the U.S. - Mexico Border. The appropriations language states that funding would cover
"... architectural, engineering, planning, design, construction, and related
activities in connection with the construction of high priority water and
wastewater facilities in the area of the United States - Mexico Border, after
consultation with the appropriate border commission."
In July 1996, Regional Administrator Felicia Marcus announced that EPA Region
9 was setting aside up to $10 million for the funding of high priority drinking water and
wastewater projects on Tribal lands. The announcement invited tribes that met specific
criteria to submit project proposals for funding consideration. There are 25 Federally
recognized Indian tribes located along the U.S. - Mexico Border in Region 9.
In FY '97, $17 million was transferred to Region 9 for tribal border grant awards.
Another $5 million was transferred to the Region in May FY '98. That brought total
funding to $22 million. To date, approximately $16 million (or 73%) has been
committed; $6 million remains unobligated. The majority of grant awards to date have
been for Step 2&3 (plan/design/construction) projects, with the remaining awards for
planning or feasibility studies. Region 9 expects to commit the balance of funds ($6
million) in FY '01 once planning/feasibility studies have been completed and facility
plans selected. The Region may also identify a few other high priority projects for
funding (June 2001), as well as increase funding to existing projects due to more recent
cost estimates.
O&M: Key Component of Tribal Border Program
The recent increase in construction financing through the CW/DW Indian Set-
Aside Programs and the Border Infrastructure funding elevated the need for our Region
to address both operations and maintenance (O&M) issues and utility management
training needs for tribal grant recipients (Region 9 has made a commitment to protect the
investment of federal dollars used for construction by building a strong O&M/utility
management program in conjunction with these projects.). Long-term capacity to
manage good O&M of tribal systems is a key element of the Tribal Border Infrastructure
Program.
While the Region has no specific funding for technical assistance with O&M and
utility management for tribal facilities, it has been able to combine funding from the
104(g)(l) Program, the Rural Community Assistance Program (RCAP), the Public Water
Supply System, Underground Injection Control, and IHS and 104(b)(3) Programs to
support a Tribal Circuit Rider Program, the purpose of which is to provide routine
$82$
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technical assistance in facility O&M and utility management for drinking water and
wastewater systems.
In FY '98-'99, funding was made available to provide drinking water and
wastewater technical assistance (circuit riders) to Southern CA (1.5 FTE), Central CA
(1.5 FTE) and Northern CA (1.5 FTE). Additionally, a circuit rider (FTE) was added to
serve western AZ.
Each tribal border community receiving border funding is required by the Region
to take several training courses prior to operating the new facilities (courses are
determined by specific system needs and existing tribal O&M capacity). The required
courses are being offered by either the IHS Area offices or through contracts with the
Rural Community Assistance Cooperation.
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GENERAL INFORMATION
Navajo
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USEPA REGION 9 CONTACTS
Address
75 Hawthorne Street
San Francisco, CA 94105
Office of the Regional Administrator
Regional Administrator
Felicia Marcus: (415) 744-1001
Deputy Regional Administrator
Laura Yoshii: (415) 744-1001
Regional Indian Program Steering Committee (RJPSC)
Enrique Manzanilla (415) 744-1585
Director, CMD
Clancy Tenley (415) 744.1507
Manager, Indian Programs (CMD)
Kristin Gullatt (415) 744-1937
Analyst, Water Office
Lester Kaufman (415) 744-2079
UST Office Chief, Waste Management
Danita Yocom (415) 744-1347
Regional Council
Sara Bartholomew (415)744-1250
Air (Grants and Programs)
Betsy Curnow (415) 744-2344
Section Chief, Superfund
Rebecca Jamison (415) 744-2098
Tribal Liaison, Waste Management
Vance Fong (415) 744-1492
Chief, Quality Assurance Program
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Joel Jones (415) 744-1947
State and Tribal Water Program Manager (WTR)
Elizabeth Stahl (415) 744-1689
Grants Specialist, Policy and Management
Jo-Ann Semones (415)744-1547
Office of Enforcement and Compliance Assistance
MaryWesling
EPCRA Enforcement, Superfund
Marcy Katzin
Pesticides (CMD)
(415)744-1636
(415)744-1097
Nancy Oien (415) 744-1486
Region 9 TOC Coordinator, Indian Programs (CMD)
Timothy Wilhite (415) 744-1490
RJPSC Coordinator, Indian Programs (CMD)
Jack Colbourn
Air Program Office Chief
(415) 744-1239
Carl Kohnert (415) 744-1643
Deputy Director, Policy and Management Division
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NATIONAL TRIBAL OPERATIONS COMMITTEE (TOC):
REGION 9 TRIBAL REPRESENTATIVES*
Arizona
Johnny Endfield Derrith Watchman-Moore
Vice-Chairman Director
White Mountain Apache Tribe Navajo Nation EPA
P.O. Box 1690 P.O. BOX 339
White River, AZ 85941 Window Rock, AZ 86515
(520) 338-4346 (520) 871-7692
(520) 338-5260 Fax (520) 871-7996 Fax
California
Mary E. Belardo
Business Committee
Torrez Martinez
P.O.BOX 4780
Palm Springs, CA 92263-4780
(760) 397-0300
(760) 397-8146 Fax
belardom @aol.com
Nevada
Cassidy Williams
Member
Walker River Paiute Tribe
Executive Director, NIEC
110 West B Suite A
Fallen, NV 89406
(775) 867-2181
(775) 967-5818 Fax
gemm@Dowernet.net
"These arc elected positions. Elections take place every two years. The next election
scheduled to take place (as of October 2000) is sometime after August 2001.
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REGIONAL TRIBAL OPERATIONS COMMITTEE (RTOC):
TRIBAL REPRESENTATIVES* *
Arizona
Nat Nutongla (TOC alternate)
Water Resources Director
Hopi Tribe
P.O. Box 123
Kykotsmovi, AZ 86039
(520)734-9307
(520) 734-9339 Fax
Clay Bravo
Natural Resources
Hualapai Nation
P.O. Box 300
Peach Springs, AZ 86434
(520) 769-2254
(520) 769-2309 Fax
Claire Miller
Council Member
Salt River Pima-Maricopa
P.O. Box 9753
Scottsdale, AZ 85252
(480) 990-1567
(480) 850-8014 Fax
cmille@ix.netcom.com
Darrell Gerlaugh
Environmental Education Specialist
Gila River, DEQ
P.O. Box 97
Sacaton, AZ 85247
(520) 562-2234
(520) 562-2245 Fax
Kenneth S. Cronin
Environmental Specialist
Tohono O'odham Nation
P.O. Box 837
Sells, AZ 85634
(520) 383-4350
(520) 383-8114 Fax
kcronin@toua.net
These are elected positions. Elections take place every two years. The next election
scheduled to take place (as of October 2000) is in August 2001.
*TOC members also sit on RTOC
090$
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California
L. Robert Ulibarri (TOC alternate)
Senior Environmental Planner
Hoopa Vally Tribe
P.O.Box 1036
Hoopa, CA 95546
(530) 625-5515
(530) 625-5446 Fax
runavaio@pcweb.net
Bessie Lee
Yurok tribe
P.O.Box 278
Dillon Beach, CA 94929
(707) 878-2238
(707) 878-2684 Fax
blee@jps.net
Mike Schaver
Environmental Planner
Big Valley Tribe
2726 Mission Rancheria Rd
Lakeport, CA 95453
(707) 263-3924 ext. 24
(707) 263-3977 Fax
bigvallevepa@pacific.net
Clarence Atwell, ST.
Chairman
Santa rosa Rancheria
P.O. Box 8
Lemoore, CA 93245
(559) 924-1278
(559) 924-3583 Fax
epa2 @ tachi-yoku t.corn
Michele Salgado
Chairperson
Cahuilla General Council
P.O. Box 391760
Anza, CA 92539
(909) 763-5549
(909) 763-2808 Fax
Teri Cawelti
Member
Bishop Paiute Tribe
Executive Director, OVTWC
101 S. Barlow Lane
Bishop, CA 93514
(760) 873-3300
(760) 873-3320 Fax
o vwater @ schat.com
Nevada
Allen Ambler
Chairman
Lovelock Paiute Tribe
P.O. Box 878
Lovelock, NV 89419
(775) 273-0642
(775) 273-0732 Fax
Gerry Emm (TOC alternate)
Environmental Director
Pyramid Lake Paiute Tribe
P.O. Box 256
Nixon, NV 89424 (continued-*-)
(775) 574-1000
(775) 574-1008. Fax
gemm@powernet.net
Marcie Philips
Environmental Manager
Duck Valley Shoshone Paiute
P.O. Box 219
Owyhee, NV 89832-0219
(775)757-3211
(775) 757-3649 Fax
shopaitr@aol.com
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REGION 9 INDIAN PROGRAMS OFFICE DIRECTORY
(As of October 2000)
Name
TENLEY, CLANCY
SMITH, KIMBERLI
CLARKE, BILL
DIGNAN, LILIA
FLETCHER, JIM
GRANT, TIM
JACOBS, SARA
OffiN, NANCY
OLSON, CLARICE
OVERMAN,
PAMELA
PASQUA, GILBERT
Position
Indian Programs
Manager
Office Manager
Indian Liaison Senior
Environmental Employee
Indian Liaison Senior
Environmental Employee
*PO to Border Tribes
*PO to Central AZ Tribes
*PO to Central
CalifVClear Lake tribes
*PO to Owens Valley,
California tribes
*PO to West-North
Central California tribes
*PO to Navajo, Hopi, &
Tohono-O'odham
*PO to Northern
California tribes
Liaison to Other
EPA Divisions
Editor of
Newsletter
Special Projects
Annual Conf.,
RTOC, RJPSC
Drinking Water,
Indian Nations
Database
Legal issues,
ORC
Quality
Assurance
Environmental
Ed.
Grants Mgt.
RCRA
Pesticides &
Toxics,
Environmental
Justice
Phone No,
(415)
744-1607
(415)
744-1572
(415)
744-1520
(415)
744-1600
(619)
235-4763
(415)
744-1488
(415)
744-1603
(415)
744-1486
(415)
744-1606
(415)
744-1602
(415)
744-1595
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PHILLIPS, GREG
PINGARO, DAN
SOCKABASIN,
NANCY
WILHITE, TIM
INDIAN PROGRAMS
OFFICE FAX
NUMBER:
(415) 538-5062
*PO Tribes to Western
Nevada tribes
*PO to Colorado River
tribes and selected No.
Cal. Tribes
*PO to Southern
California tribes
*PO to Eastern Nevada
tribes
NEPA,
Enforcement,
Pesticides &
Toxics
Air Division
Clean Water Act
GIS,
Indian Programs
Website,
Superfund
(415)
744-1537
(415)
744-2129
(415)
744-2209
(415)
744-1490
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HOTLINES AND CLEARINGHOUSES
Tribal Programs
American Indian Environmental Office (AIEO) U.S. EPA
Air and Radiation
EPA Air Risk Information Support Center Hotline (AIR RISC)
Indoor Air Quality Information Hotline (IAQ INFO)
National Radon Hotline
Hazardous and Solid Waste
Alterative Treatment Technology Information Center Emergency
EPCRA, RCRA, and Superfund Hotline
Federal Hazardous Waste Ombudsman Program
Federal Superfund Division
National Response Center (NRC)
Region 9 Emergency Response Hotline
Asbestos Ombudsman Clearinghouse Hotline
National Lead Information Center Hotline
National Pesticide Telecommunication Network (NPTN)
Toxic Substances Control Act Assistance Information Service
Pollution Prevention Information Clearinghouse (PPIC)
Water
Clean Lakes Clearinghouse (CLC)
National Small Flows Clearinghouse,
National Drinking Water Clearinghouse,
and National Environmental Training Center
Nonpoint Source Information Exchange (NFS)
Office of Water Resource Center
Safe Drinking Water Hotline
Wetlands Helpline
(202) 260-7939
(202) 260-7509 Fax
(919)541-0888
1-800-438-4318
1-800-SOS RADON
(1-800-767-7236)
(301)670-6294
1-800-535-0202
or (703) 412-9877
1-800-262-7937
or (202) 260-9361
(913) 551-7050
1-800-424-8802
(415) 744-2000
1-800-368-5888
1-800-LEAD-FYI
(1-800-532-3394)
1-800-858-7378
(202) 554-1404
(202) 260-1023
1-800-726-LAKE
(1-800-726-5253)
1-800-624-8301
or (304) 293-4191
(202) 260-3665
(202) 260-7786
1-800-426-4791
1-800-832-7828
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Other Programs
Environmental Justice Information Line 1 -800-962-6215
Region 9 Environmental Justice Information Line (415) 744-1565
(general information and grants)
REGION 9 INFORMATION SERVICES
EPA employee locator/regional receptionist: (415) 744-1305
This number can be used to locate EPA staff at Region 9's office in San
Francisco. The Employee Locator telephone number is listed in the San Francisco
Pacific Bell Telephone Directory and in all EPA directories. Your call is answered first
by Voice Mail with a menu of options. Calls are then transferred and will ring
extensions. Voice Mail will look for a match in its database and transfer the caller by
redialing the extension programmed. Between the hours of 8:30 AM to 5:00 PM, calls
can be transferred to the Regional Receptionist for additional assistance by pressing 0.
Library Services
The US Environmental Protection Agency Region 9 Library provides a wide
range of services and maintains an extensive collection of environmental information.
The Region 9 Library contains approximately 40,000 technical reports, 7,000 books, 250
periodicals, and over 200,000 reports on microfiche. The collection consists primarily of
technical material related to water pollution, air pollution, pollution prevention,
hazardous waste, environmental law and pesticides. An American Indian collection is
currently being developed that will include books, videos and periodicals that cover
Indian law, history, and culture. The current services and collections include the
following:
*Reference *Law Collection "Database Access *Map Collection
*Interlibrary Loans "'Hazardous Waste Collection * Journals *Pollution
Prevention
The Regional Library provides interlibrary loans through the Online Computer
Library Center (OCLC), or by using a standard American Library Association (ALA)
form available through your local library.
Tribal members can also access the library via the Online Library System (OLS)-
a computer catalog of EPA's library network. A brochure about OLS and how to use it
is available from the library.
The Regional Library is located on the 13th floor of the Regional Office in San
Francisco. The Library is available for use from 9:00 a.m. to 5:00 p.m. Monday-Friday.
The reference desk telephone service is available from 10:00 ajn. to 3:00 p.m. Monday-
Friday, phone (415) 744-1510.
The Public Information Center is also located in the library and can be reached by
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telephone at (415) 744-1500. The Information Center will answer question regarding
specific EPA programs or direct your call to the appropriate EPA staff person. They also
distribute a limited number of EPA brochures and publications.
WEBSITES
These Web sites are representative of the many possible sources of information on
the Internet. EPA makes no recommendations, endorsements, or sanctions of the sites
listed. The following Web sites may offer additional information about Tribes and tribal
programs:
& EPA announcements
http://www.epa.gov/epahome/announce.htm
<* EPA Region 9 Indian Program Newsletter- a very valuable source of information
regarding issues, new programs, and publications in Region 9
http://www.epa.gov/region09/indian/newslet.html
# EPA Publications for Tribes
http://www.epa.gov/region09/cross pr/indian/pub.html
<* EPA Indian Programs Homepage
http://www.epa.gov/regionQ9/cross pr/indian/index.html
*> EPA Resources on the Web
http://www.epa.gov/region09/cross pr/indian/res.html#reg
& Region 9's Regional Tribal Operations Committee (RTOC) Charter
http://www.epa.gov/regionQ9/cross pr/indian/rtoc.html
*> National Drinking Water Clearinghouse (NDWC)
http://www.ndwc.wvu.edu
<* The Institute for Tribal Environmental Professionals
http://www.cet.nau.edu/itep
*> Tribal Environmental Success Stories
httD://www.eDa.gov/region09/cross pr/indian/success.html
<* Tribal Maps
http://www.epa.gov/regionQ9/cross pr/indian/maps.htrnl
O Grant Information for Tribes
httD://www.epa.gov/region09/cross pr/indian/grants.html
# Informational Resources for Tribes
http://www.epa.gov/regionQ9/cross pr/indian/res.hfml
O- American Indian Census
httD://venus.census.gov/cdrom/loolnip
& Heard Museum
http://www.heard.org
O Indigenous Peoples' Literature
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http://www.indians.org/natlit.htin
National Congress of American Indians (NCAI)
http://www.cwis.org
National Museum of the American Indian (Smithsonian)
http://www.si.edu/nmai/
# Native American Research Page- an extensive list of tribal-related pages
http://maple.lemovne.edu/~bucko/indian.html
# American Indian Research and Policy Institute
http://www.airpi.org/
& Ben Marra - The Powwow Editions
http://www.halcvon.com/benmarra/
# Cherokee Messenger
htrp://www.NeoSoft.conVpowersource/cherokee/default.htrnl
& Code Talk
http://www.codetalk.gov/
<* Native American Resource Guide
htto ://www.usc.edu/Librarv/Ref/Ethnic/indian main.html
O Native American Resources- extensive list of links to tribal-related pages
http://www.cowbov.net/narive
*> Native American Tribes: Information Virtually Everywhere
http://www.afn.org/~narive/
$ Native American Tribes and Organizations
http://www2.ncsu.edu/ncsu/stud orgs/native american/ustribes.html
*> Native Web
http://www.nativeweb.org
& Powersource
http://www.powersource.com/
& Tribal Voice- a good resource list
http://www.tribal.com/
£ An Indian Internet Source
http://www.indianz.com
O National Indian Law Library- nearly 12,000 resource materials that relate to federal and
Indian law
http://wanderer.aescon.com/webpubs/webcathtm
& Native American Rights Fund
www.narf.org
£ Tribal Environmental and Natural Resources Assistance Handbook- a compilation of the
federal sources of financial and/or technical assistance programs available for tribal
environmental management, developed by the Domestic Policy Council Workshop Group on
American Indians and Alaska Natives
www.eDa.gov/indian/tribhand.htm
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ACRONYMS AND THEIR DEFINITIONS
AARP - American Association of Retired People
AHERA - Asbestos Hazard Emergency Response
Aci
AIEO-American Indian Environmental Office
AIAC - American Indian Advisory Council AIEO -
American Indian Environmental Office
AIO - Americans for Indian Opportunity
AISES - American Indian Science and Engineering
Society
ANY - Alaskan Native Village
AO - Administrative Order
AQM - Air Quality Monitoring
ASHAA - Asbestos School Hazard Abatement Act
BIA - Bureau of Indian Affairs
BOD5 - Measurement of oxygen; required for
biochemical degradation of organic matter
and oxygen used in oxidizing inorganic
material in water (usually wastewater or
receiving water sample)
C&T- Certification and Training
CAA - Clean Air Act
CEPPO - Chemical Emergency Preparedness and
Prevention Office
CERCLA - Comprehensive Environmental
Response, Compensation and Liability Act;
also known as Superfund
CERT - Council of Energy Resource Tribes
CFR - Code of Federal Regulations
CFC- Chlorofluorocarbons
CR - Circuit Rider
CWA-Clean Water Act
DBP - Disinfection By-Product
D/l - Direct Implementation
DOI - Department of Interior
DOT - Department of Transportation
DMR - Discharge Monitoring Report
EE - Environmental Education
EIS - Environmental Impact Statement
EJ - Environmental Justice
EJP2- Environmental Justice Pollution Prevention
EPA - Environmental Protection Agency
EPCRA - Emergency Planning Community Right To
Know Act
FEMA - Federal Emergency Management Agency
FIFRA - Federal Insecticide, Fungicide, and
Rodenticide Act
FTE- Full time equivalent/employee
FY - Fiscal Year (October 1- September 30)
GAP- General Assistance Program
GIS - Geographic Information System
GWP - Groundwater Protection
Hazmat - Hazardous Material
HCFC - hydrochlorofluorcarbons
HMTUSA - Hazardous Materials Transportation
Uniform Safety Act
HQ - Headquarters
HWM - Hazardous Waste Management
IAG - Inter-agency Agreement
IGA - Inter-governmental Agreement
IHS - Indian Health Service
ILAWG - Indian Law Attorney Work Group
IOC - Inorganic Chemical
IP A - Inter-governmental Personnel Agreement
IRAA - Indoor Radon Abatement Act
ISA - Indian Set-Aside
IWG - Indian Work Group
JTR - Jobs Through Recycling
LCCA - Lead Contamination Control Act
LEA - Local Education Agency
LEPC - Local Emergency Planning Committee
(established under SARA)
LUST - Leaking Underground Storage Tank
MCL - Maximum Contaminant Level
MOA - Memorandum of Agreement
MOU - Memorandum of Understanding
NCAI - National Congress of American Indians
NEIWPCC - New England Interstate Water Pollution
Control
NEPA - National Environmental Policy Act
NESHAP - National Emission Standards Hazardous
Air Pollutants
NPDES - National Pollution Discharge Elimination
System
NPDWR - National Primary Drinking Water
Regulation
NPL - National Priority List
NPS - Non-point Source
NTEC - National Tribal Environmental Council
NTNC - Non-transient non-community
O&M - Operation and Maintenance
OEJ- Office of Environmental Justice
OSHA - Occupational Safety and Health
Administration
OUST- Office of Underground Storage Tanks •
PCB - polychorinated biphenyls
pH - A measurement of hydrogen ion in a compound;
determines whether a compound is acidic or
basic.
PHS - Public Health Service
PPIS - Pollution Prevention Incentives to States
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Kachina- a supernatural guardian spirit of the Hopi and Zufii Indians
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