EFft
U.S. Environmental Protection Agency
Region 7
Tribal, State and Local
Capacity Building Workgroup
January 1994
Everything You Wanted To Know
About Environmental Regulations ...
but were afraid to ask
A Guide for Indian Nations
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Dear Tribal Representative:
In developing this document, "Everything You Wanted To Know
About Environmental Regulations But Were Afraid To Ask," we have
attempted to provide you with information that will assist you in
protecting the environmental resources of your reservation.
While the Environmental Protection Agency can provide the
framework for regulatory compliance, program development, and
technical assistance, we acknowledge that Tribes are stewards of
their land, air, and water. Tribal governments provide a vital
role of educating EPA in traditional and valuable stewardship
perspectives. We appreciate this leadership, and look forward to
working with you in the future to protect the tribal environment.
Sincerely,
.liam W. Rice,
Ccting Regional Administrator
Region 7 Environmental Protection Agency
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SENIOR STAFF, BRIEFING
REGIONAL TRIBAL LEADERS MEETING
1) Meeting Schedule
TAB #1 Copy of Letter and Memo Announcing Meeting
and Copy of Draft Agenda
~ Tribal Attendee List
Regional Tribal Contact List
Regional Indian Program Contacts
2) Reaffirmation of EPA1s Indian Policy
TAB #2 Administrator's Statement
1984 India.n Policy Statement
3) Regional Tribal Demographics
TAB #3 Map of Reservation Locations
Background Information on Tribes
List of Current Grants and Cooperative Agreements
4) Potential Environmental & Program Issues
in Region VII Indian Country
Drinking Water Quality
Surface Water Quality
Waste Water Treatment
Wetlands Protection
Pesticide Certification and Enforcement
Solid Waste
Underground Storage Tanks
Tribal Jurisdiction and Sovereignty
Treatment as State
Technical Assistance and Outreach
Grant Performance
Resources
TAB #4 Tribal Operations Committee (TOC)
Briefing Materials
Draft FY93 Environmental Activities Report
Article on Tribes as States by David Coursen
Two Issue Papers on Indian Law
FAX - Coursen to Amsden "Flathead Issues"
Summary "Treatment-as-a-State"
Region VII Guide for Indian Nations
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TAB #1
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VII
726 MINNESOTA AVENUE
KANSAS CITY, KANSAS 66101
OFFICE OF
THE REGIONAL ADMINISTRATOR
MEMORANDUM
TO: Division and Office Directors
FROM: Dennis Grams, P.E.
Regional Administrator
SUBJECT: Regional Tribal Leaders and Region VII Senior Management
Meeting
On Tuesday, May 3, 1994, we will hold a meeting between
Regional Tribal Leaders and Region VII Senior Staff. The meeting
will be held in the Regional Hearing Room beginning at 9 a.m. and
will last until 4 p.m. A copy of the letter and draft agenda sent
to the Tribes announcing the meeting is attached. Any recommended
changes to the draft agenda should be forwarded to Craig Bernstein
at extension 7688.
At a recent National Tribal Operations Committee meeting held
at EPA Headquarters, Administrator Browner reaffirmed EPA's
commitment to the 1984 Policy for the Administration of
Environmental Programs on Indian Reservations and pledged increased
support for tribal capacity building. The Administrator has added
new emphasis to the implementation of the policy by establishing
the Tribal Operations Committee and the Senior EPA Leadership Team
led by Martha Prothro and Bill Yellowtail.
The policy promised a long-term commitment of resources to
ensure environmental protection on American Indian reservations
through implementation of EPA's authorities and programs. It
recognizes tribal governments as the primary authority for setting
standards, making environmental policy decisions, and managing
environmental programs on reservations. This strategy is
implemented through grants and technical assistance allowing the
Tribes to develop expertise and evaluate their needs in assuming
regulatory program management responsibilities.
The purpose of the May 3 meeting is to involve the Tribal
Leaders in a dialogue to determine the environmental program
development needs of the reservations in our region. The issues
raised and the discussions which are generated should help each of
the programs plan for future tribal environmental capacity building
requirements. We will prepare briefing materials and have
scheduled a discussion at a senior staff meeting on May 2.
Attachments
RECYCLE@
ER CONWHS acciCLEo r
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VII
726 MINNESOTA AVENUE
KANSAS CITY, KANSAS 66101
OFFICE OF
Identical Letters to Region VII Tribal Chairman THE REGIONAL ADMINISTRATOR
The U.S. Environmental Protection Agency (EPA) Region VII and
I are inviting you or your representative and your environmental
program coordinator to attend a meeting of Regional Tribal Leaders
and Region VII Senior Management. The meeting will be held in the
Regional Office hearing room (726 Minnesota Avenue, Kansas City,
Kansas) on Tuesday, May 3, 1994, beginning at 9 a.m. and ending at
approximately 4 p.m. On May 2, we will reserve a meeting room at
the Regional Office for a pre-meeting for you and your staff with
the other regional tribal leaders. My staff will be contacting you
to determine your interest in attending a tribal pre-meeting and to
make any arrangements which would facilitate its success.
The meeting will afford us the opportunity to become better
acquainted and to exchange views about the environmental issues on
your reservation. Importantly, we will have time to discuss the
nature of our future working relationship and allow me to introduce
my senior staff. We have enclosed a draft agenda for your review.
Please recommend changes to the agenda which would allow us to
better meet your requirements for the meeting.
We need your insight and expertise as Tribal leaders in
identifying and framing issues and in developing strategies to
promote a safe environment for everyone in Indian Country. As a
result of our discussions, we hope to enhance our mutual under-
standing of the assistance Region VII can provide toward
implementing environmental programs on Indian land.
Your pre-approved travel to the meeting will be reimbursed by
EPA. Craig Bernstein, Indian Program Coordinator (913/551-7688),
or John Wilson, Tribal/EPA Liaison (913/551-7298) , will assist you
getting your travel pre-approved. Please contact Craig or John as
soon as possible so that the travel funds will be available to you
or your representative. They should also be your contact for any
questions or recommendation for changes to the draft agenda.
I am looking forward to this and future meetings.
Sincerely yours,
Dennis Grams, P.E.
Regional Administrator
Enclosure
RECYCLED
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DRAFT AGENDA
REGIONAL TRIBAL LEADERS AND REGION VII SENIOR MANAGEMENT
MEETING
DATE: TUESDAY, MAY 3, 1994
LOCATION: HEARING ROOM EPA REGION VII OFFICE
9:00 - 9:15 a.m.
9:15 - 9:30 a.m.
9:30 - 10:30 a.m.
10:30 - 12:00 p.m.
12:00 - 1:15 p.m.
1:15 - 1:30 a.m.
1:30 - 2:30 p.m.
2:30 - 2:45 p.m.
2:45 - 3:45 p.m.
3:45 - 4:00 p.m.
Gather in Hearing Room
Welcome
Introduction of
Senior Staff and Brief
Summary of Area of
Responsibility
Introduction of Tribal
Leaders and Brief
Description of Nation
WORKING LUNCH
Report on TOC and
Senior Leadership
Team
Purpose and Goals of
Meeting
Open Discussion of Tribal
Environmental Issues
BREAK
Future Working
Relationships
Future Meeting Date
and Close
Dennis Grams
Dennis Grams/
Senior Staff
Tribal Leaders
(Alphabetic)
Lucille Bigf ire/
Susan Gordon
Group Discussion
Group Discussion
Dennis Grams
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REGION VII INDIAN TRIBES, CURRENT CHAIRPERSON,
AND TRIBAL CONTACTS
Mr. Gary Mitchell, Chairman
Prairie Band of Potawatomi Indians
P.O. Box 97
Mayetta, Kansas 66509
Contacts: Mary Mitchell
Phone: 913/966-2255
Fax No.: 913/966-2144
Mr. Emery Negonsott, Chairperson
Kickapoo Tribe in Kansas
P.O. Box 271
Horton, Kansas 66439
Contact: Fred Thomas
Thomas Conklin, Environmental Department
Phone: 913/486-2131
Fax No.: 913/486-2801
Ms. Joan Rebar, Chairperson
Gary Bar, Vice Chair
Sac and Fox Tribe of Missouri
P.O. Box 38
Reserve, Kansas 66529
Contact: Corbin Shuckahosee, Treasurer
Phone : 913/742-7471
Fax No.: 913/742-3785
Mr. Leon Campbell, Chairman
Iowa Tribe of Kansas and Nebraska
Route 1, Box 58-A
White Cloud, Kansas 66094
Contact: Harvey Fredricks, Vice Chair
Phone: 913/595-3258
Fax No.: 913/595-6610
Dr. Rudy Mitchell, Chairman
Omaha Tribe of Nebraska
P.O. Box 368
Macy, Nebraska 68039
Contacts: Jerry Henshed, Planner
Pat Madson, Grants
Mark Versch
Mark Merrick
Phone: 402/837-5391
Fax No.: 402/837-5308
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6. Mr. John Blackhawk, Chairman
Winnebego Tribe of Nebraska
P.O. Box 570
Winnebago, Nebraska 68071
Contacts: Lucille Bigfire, Curtis St. Cyr, Robin Bear
Phone: 402/878-2272 and 2628
Fax No.: 402/878-2963, Lucille Bigfire 402/878-2632
7. Mr. Richard Kitto, Chairman
Santee Sioux Tribe of Nebraska
Route 2
Niobrara, Nebraska 68760
Contacts: Alvin "Bud" Twiss
Phone: 402/857-3302
Fax No.: 402/857-2307
8. Mr. Gailey Wantee, Tribal Chairman
SAC and Fox of the Mississippi in Iowa (Mesquakie)
3137 F. Avenue
Tama, Iowa 52339
Contacts: Deron Ward, Lorrine Davenport, and
Ken Scott, Executive Officer
Phone: 515/484-4678
Fax No.: 515/484-5424
9. Ms. Debra Wright, Chairperson
Ponca Tribe of Nebraska
P.O. Box 288
Niobrara, Nebraska 68760
Contacts: Greg Earth, Executive Officer
Wanda Picotte, Secretary
Alex Tayor, Vice Chair
Phone: 402/857-3391
Fax No.: 402/857-3736
10. Mr. Helbent Fraizer, Superintendent
Winnebago Bureau of Indian Affairs Agency
Winnebago, Nebraska 68071
Contact: Roy Lilth, Land Manager
Phone: 402/878-2502
11. Mayor Dorothy Holstein
Village of Winnebago
P.O. Box 570
Winnebago, Nebraska 68071
Phone: 402/878-2272
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TAB #2
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAR 141994
MEMORANDUM
SUBJECT: EPA Indian Policy THE ADMINISTRATOR
TO: All Employees
In 1984, EPA became the first Federal agency to adopt a formal Indian Policy (copy
attached). EPA is proud of that Policy, which has provided the framework for our
developing partnership with Tribes. Since 1984 Agency programs have changed and several
of our statutes have been amended to address Tribal needs. Nevertheless, the core principle
of the Policy, a commitment to working with Federally recognized tribes on a govemment-
to-government basis to enhance environmental protection, has been reaffirmed by President
Clinton and remains the cornerstone of EPA's Indian program. Accordingly, therefore, I
formally reaffirm the EPA Indian Policy.
The challenge for EPA today is to implement its Policy effectively. Previous
administrations have addressed implementation, both in a 1984 Policy Implementation
Guidance and a 1991 Concept Paper. We must now update and strengthen these documents
and our implementation programs to reflect the goals and values of our long-term vision and
strategic agenda. A key element for successfully implementing the Indian Policy must be a
commitment to fully institutionalize the Policy into the Agency's planning and management
activities.
On March 7, Martha Prothro, formerly Deputy Assistant Administrator for Water,
joined my staff to assist in developing our Tribal Programs. I have asked Martha and Bill
Yellowtail, Regional Administrator, EPA Region VIE, to form a team of Agency leaders to
make recommendations on EPA/Tribal relations and the implementation of the Policy. The
work of this group should help the Agency develop the best structure and adopt the best
strategies for implementing the goals of the Policy. The team will work with Tribal
representatives, including the Tribal Operations Committee and others, in drafting new
implementation guidance. This guidance will provide a blueprint for transforming the
Policy's vision into a reality for federally recognized Indian Tribes, including Alaskan
Tribes.
This is an exciting opportunity for us to develop a stronger partnership with Tribal
governments in protecting the environment. I ask all of you to help make this effort a great
success.
Carol M. Browner
Attachment
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11/8/84
EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL
' PROGRAMS ON INDIAN RESERVATIONS
INTRODUCTION
The President published a Federal Indian Policy on January 24, 1983,
supporting the primary role of Tribal Governments in matters affecting
American Indian reservations. That policy stressed two related themes:
(1) that the Federal Government will pursue the principle of Indian
"self-government" and (2) that it will work directly with Tribal
Governments on a "government-to-government" basis.
The Environmental Protection Agency (EPA) has previously issued general
statements of policy which recognize the importance of Tribal Governments
in regulatory activities that impact reservation environments. It is the
purpose of this statement to consolidate and expand on existing EPA Indian
Policy statements in a manner consistent with the overall Federal position
in support of Tribal "self-government" and "government-to-government" rela-
tions between Federal and Tribal Governments. This statement sets forth
the principles that will guide the Agency in dealing with Tribal Governments
and in responding to the problems of environmental management on American
Indian reservations in order to protect human health and the environment.
The Policy is intended to provide guidance for EPA program managers 1n the
conduct of the Agency's congressionally mandated responsibilities. As
such, it applies to EPA only and does not articulate policy for other
Agencies in the conduct of their respective responsibilities.
It is important to emphasize that the implementation of regulatory
programs which will realize the*, principles on Indian Reservations cannot
be accomplished immediately. Effective implementation will take careful
and conscientious work ty EPA, the Tribes and many others. In many cas.es,
it will require changes in applicable statutory authorities and regulations.
It will be necessary co proceed in a carefully phased way, to learfl from
successes and failures, and to gain experience. Nonetheless, by beginning
work on the priority proolems that exist now and continuing in the direction
established urraer these principles, over time we can significantly enhance
environmental quality on reservation lands.
POLICY
In carrying out our responsibilities on Indian reservations, the
fundamental objective of the Environmental Protection Agency 1s to protect
human health and the environment. The keynote of this effort will be to
give special consideration to Tribal interests in making Agency policy,
and to insure the close involvement of Tribal Governments 1n making
decisions and managing environmental programs affecting reservation lands.
To meet this objective, the Agency will pursue the following principles:
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1. THE AGENCY STANDS READY TO WORK DIRECTLY WITH INDIAN TRIBAL GOVERNMENTS
ON A ONE-TO-ONE BASIS (THE "GOVERNMENT-TO-GOVERNMENT" RELATIONSHIP), RATHER
THAN AS SUBDIVISIONS OF OTHER GOVERNMENTS.
EPA recognizes Tribal Governments as sovereign entitles, with primary
authority and responsibility for the reservation populace. Accordingly,
EPA will work directly with Tribal Governments as the independent authority
for reservation affairs, and not as political subdivision: of States or
other governmental units.
2. THE AGENCY WILL RECOGNIZE TRIBAL GOVERNMENTS AS THE PRIMARY PARTIES
FOR SETTING STANDARDS, MAKING ENVIRONMENTAL POLICY DECISIONS AND MANAGING
PROGRAMS FOR RESERVATIONS, CONSISTENT WITH AGENCY STANDARDS AND REGULATIONS.
In keeping with the principle of Indian self-government, the Agency
will view Tribal Governments as the appropriate non-Federal parties for
making decisions and carrying out program responsibilities affecting
Indian reservations, their environments, and the health and welfare of
the^ reservation .populace. Just as EPA's deliberations and activities have
traditionally involved the interests and/or participation of State Govern-
ments, EPA will look directly to Tribal Governments to play this lead role
for matters affecting reservation environments.
3. THE AGENCY WILL TAKE AFFIRMATIVE STEPS TO ENCOURAGE AND ASSIST
TRIBES IN ASSUMING REGULATORY AND PROGRAM MANAGEMENT RESPONSIBILITIES
FOR RESERVATION LANDS.
The Agency will'assist interested Tribal Governments in developing
programs and in preparing to assume regulatory and program management
responsibilities for reservation lands. Within the constraints of EPA's
authority and resources, this aid will include providing grants and other
assistance to Tribes similar to that we provide State Governments. The
Agency will encourage Tribes to assume delegable responsibilities, (i .e.
responsibilities which the Agency has traditionally delegated to State
Governments for non-reservation lands) under terms similar to those
governing delegations to States.
Until Tribal Governments are willing and able to assume full responsi-
bility for delegable programs, the Agency will retain responsibility
for managing programs for reservations (unless the State has an express
grant of jurisdiction from Congress sufficient to support delegation to
the State Government). Where EPA retains such responsibility, the Agency
will encourage the Tribe to participate 1n policy-making and to assume
appropriate lesser or partial, roles in the management of reservation
programs.
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4. THE AGENCY WILL TAKE APPROPRIATE STEPS TO REMOVE EXISTING LEGAL AND
PROCEDURAL IMPEDIMENTS TO WORKING DIRECTLY AND EFFECTIVELY WITH TRIBAL
GOVERNMENTS ON RESERVATION PROGRAMS.
A number of serious constraints and uncertainties 1n the language
of our statutes and regulations have limited our Ability to work directly
and effectively with Tribal Governments on reservation problems. As
impediments in our procedures, regulations or statutes are identified
which limit our ability to work effectively with Tribes consistent with
this Policy, we will seek to remove those Impediments.
5. THE AGENCY, IN KEEPING WITH THE FEDERAL TRUST RESPONSIBILITY, WILL
ASSURE THAT TRIBAL CONCERNS AND INTERESTS ARE CONSIDERED WHENEVER EPA'S
ACTIONS AND/OR DECISIONS MAY AFFECT RESERVATION ENVIRONMENTS.
EPA recognizes that a trust responsibility derives from the his-
torical relationship between the Federal Government and Indian Tribes
as expressed in certain treaties and Federal Indian Law. In keeping
with that trust responsibility, the Agency will endeavor to protect
the environmental interests of Indian Tribes when carrying out its
responsibilities that may affect the reservations.
6. THE AGENCY WILL ENCOURAGE COOPERATION BETWEEN TRIBAL, STATE AND
LOCAL GOVERNMENTS TO RESOLVE ENVIRONMENTAL PROBLEMS OF MUTUAL CONCERN.
Sound environmental planning and management require the cooperation
and mutual consideration of neighboring governments, whether those
governments be neighboring States, Tribes, or local units of government.
Accordingly, EPA will encourage early communication and cooperation
among Tribes, States and local governments. This 1s not intended to
lend Federal support to any one party to the jeopardy of the interests
of the other. Rather, it recognizes that in the field of environmental
regulation, problems are often shared and the principle of comity
between equals and neighbors often serves the best interests of both.
7. THE AGENCY WILL WORK WITH OTHER FEDERAL AGENCIES WHICH HAVE RELATED
RESPONSIBILITIES ON INDIAN RESERVATIONS TO ENLIST THEIR INTEREST AND
SUPPORT IN COOPERATIVE EFFORTS TO HELP TRIBES ASSUME ENVIRONMENTAL
PROGRAM RESPONSIBILITIES FOR RESERVATIONS.
EPA will seek and promote cooperation between Federal agencies to
protect human health and the environment on reservations. We will
work with other agencies to clearly identify and delineate the roles,
responsibilities and relationships of our respective organizations and
to assist Tribes in developing and managing environmental programs for
reservation lands.
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8. THE AGENCY WILL STRIVE TO ASSURE COMPLIANCE WITH ENVIRONMENTAL STATUTES
AND REGULATIONS ON INDIAN RESERVATIONS.
In those cases where facilities owned or managed by Tribal Governments
are not 1n compliance with Federal environmental s'.atutes, EPA will work
cooperatively with Tribal leadership to develop means to achieve compliance,
providing technical support and consultation as necessary to enable Tribal
facilities to comply. Because of the distinct status of Indian Tribes and the
complex legal Issues involved, direct EPA action through the judicial or
administrative process will be considered where the Agency determines, 1n its
judgment, that: (1) a significant threat to human health or the environment
exists, (2) such action would reasonably be expected to achieve effective
results in a timely manner, and (3) the Federal Government cannot utilize
other alternatives to correct the problem 1n a timely fashion.
In those cases where reservation facilities are clearly owned or managed
by private parties and there is no substantial Tribal Interest or control
involved, the Agency will endeavor to act in cooperation with the affected
Tribal Government, but will otherwise respond to noncompllance by private
parties on Indian reservations as the Agency would to noncompliance by the
private sector elsewhere in the country. Where the Tribe has a substantial
proprietary interest in, or control over, the privately owned or managed
facility, EPA will respond as described in the first paragraph above.
9. THE AGENCY WILL INCORPORATE THESE INDIAN POLICY GOALS INTO ITS PLANNING
AND MANAGEMENT ACTIVITIES, INCLUDING ITS BUDGET, OPERATING GUIDANCE, L^GISLA-
TIVE INITIATIVES, MANAGEMENT ACCOUNTABILITY SYSTEM AND ONGOING POLICY AND
REGULATION DEVELOPMENT PROCESSES.
ft
It is a central purpose of this effort to ensure that the principles
of this Policy are effectively institutionalized by incorporating them into
the Agency's ongoing and long-term planning and management processes. Agency
managers will include specific programmatic actions designed to resolve prob-
lems on Indian reservations in the Agency's existing fiscal year and long-term
planning and management processes.
William D. Ruckelshaus
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TAB #3
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Native Americans
FOX
North East
These central Algonquians from the
forests of Wisconsin called themselves
Mesquakie or Muskwakiwuk ("Red
Earth People"). Like others, they lived
in permanent summer villages and
undertook communal prairie buffalo
hunts in winter. They were notable for
being one of the few woodland tribes to
use the horse. A highly democratic
society, they moved to Illinois, then
dispersed to Iowa, Kansas and
Oklahoma. They were enemies of the
Sioux and Ohippewa, and allies of the
Iowa. Winnebago and Potawatomi. They
fought the Americans and merged with
the Sauk, or Sac, from Green Bay after
their defeat in the Black Hawk War of
1832 during which the Sioux fought as
auxiliaries for the US government. It is
with the Sauk that the 1,500 Fox-Sauk
are found today. The Fox are noted from
their ribbonwork and it was from their
ranks that the famous athlete Jim
Thorpe emerged.
Right: Wah-com-mo or Fast Walker, a
high racking Fox warrior, who wears a
claw necklace, carries a pipe tomahawk.
and sports a hair roach.
28
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SAUK
North East
Also known as Sac, an Algonquian tribe
closely related to the Fox (see also Fox),
with whom they formed a close alliance
in the 1730s, although maintaining their
own identities. Black Hawk and Keokuk
(Kiyo1 Kaga) were two renowned leaders
of the Sauk. Black Hawk sided with the
English against the Americans in 1812;
in 1832 he fought, and was defeated by,
the US Army over the sales of Sauk
lands east of the Mississippi. This is
known as the Black Hawk War. Many
Sauk (and Fox) were thereafter moved
to lands in Kansas. Keokuk was an
outstanding orator. He went to
Washington to contest claims of the
Sioux over lands occupied by the Sauk
and Fox and won. A man who
understood the futility of resisting the in-
evitable advance of the frontier, he died
in 1848, poisoned it is said by one of his
own people. Perhaps not everyone ap-
proved of his philosophy. A bronze bust
of Keokuk stands in the Capitol in
Washington, DC.
Left: Keokuk. the Sauk leader famed for
his oratory, pictured in 1846-7. shortly
before his death.
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IOWA
Plains
The "Sleepy Ones" were the last
Woodland Indian group to move to the
J ^
plains and spoke a Siouan language
called Chiwere. Reflecting this past, they
lived in earth houses and only used tipis
when hunting or waging war. Their war-
riors wore scalp locks, like the Kansa and
Osage did. In 1836 they ceded their
lands, having seen what happened to
Black Hawk's Sauk, and moved to what
are now Kansas, Nebraska and
Oklahoma where today they total 1,000.
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KICKAPOO
North East
Algonquians living between the Fox and
Wisconsin rivers who were kin to the
Sauk and Fox tribes. Their name comes
from the word Kiwigapawa, meaning
"He Stands About". They absorbed
the survivors of the Mascouten who the
French had nearly wiped out. They were
formidable warriors and followed
Tecumseh in 1810, then fought with
British forces against the Americans
from 1813 to 1816. Letdown by the British
after the war, they were forced into a set-
tlement to cede their lands and move
to Missouri. In 1852 a large group mov-
ed to Mexico from Texas where they have
a reservation. Today, the Kickapoo also
live in Kansas and Oklahoma. They total
over 2,000 people.
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OMAHA
Plains
Speakers of a Siouan language, the
Omaha of the Lower Mississippi fre-
quently warred with the Sioux who also
raided other near relatives Crow,
Iowa, Mandan as well as the Omaha.
One of a number of plains tribes to which
warrior societies were important; in the
case of the Omaha these were age-
graded, and introduced boys early to the
belief in the war ethic.
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PONCA
Plains
Speakers of the Siouan language
Dhegiha, the Ponca lived on the Lower
Missouri. They were neighbors of the
Omaha and Pawnee. Moved out of their
South Dakota/Nebraska homelands in
the 1870s to Indian Territory.
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POTAWATOMI
North East
Algonquian speakers, closely related to
the Ottawa and Chippewa(Ojibwa), who
occupied the lands hemmed in by lakes
Michigan and Huron. Durino. the col-
onial wars they sided with the French
against the English, then with the
English against the Americans. Follow-
ing American independence, the home-
lands of the Potayvatomi and their
neighbors would be snapped up by land
hungry whites. Around 1820 they started
to withdraw across the Mississippi and
onto reservations on Oklahoma and
Kansas, where the Potawatomi Indian
Reservation stands today, north of
Topeka, Kansas.
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SIOUX
Plains
The Sioux nation (Siouan speakers) of
the centra! plains was originally divid-
ed into three parts, forming the Dakota
(Santee), Nakota (Yankton) and Lakota
(Teton). The Teton crossed the Missouri
for the central plains, also becoming
known as the Western Sioux. They con-
sisted of seven sub-tribes Brule,
Hunkpapa, Miniconjou, Oglala,
Oohenonpah/Two Kettle, Sans Arc and
Sihasapa/Blackfoot. Nomadic hunters
who followed the buffalo (which supplied
most of their basic needs), the Sioux liv-
ed in lodges (tipis), simple conical struc-
tures originally constructed of lodgepole
pines and buffalo skins. Exquisite Sioux
art is represented by quill work (made
from flattened porcupine quills) which
decorated mocassins, shirts, leggings
etc, and much later, beadwork.
Crazy Horse (Tasunke Witco) was
perhaps the finest, certainJy the most
enigmatic, warrior-commander of the
Lakota. A decoy at the Fetterman fight
(1866), he fought the Army with notable
success at the battles of the Rosebud
and Little Bighorn. !n 1947 a sculptor,
Korczak Ziolkowski, began to shape a
statue of Crazy Horse on Thunderhead
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Mountain in the Black Hills. Although the Above: The prolific Edward Curtis
sculpture is still unfinished, visitors may photographed this Hunka-Alowanpi
today see the strong image of Crazy Ceremony of the Ogiaia Sioux in 1907.
Horse emerging from the granite moun- among the Lakota it was associated witi
tains of his homeland. Sitting Bull the mythological figure of the White
(Tatanka Yotanka) and Red Cloud Buffalo Maiden.
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WINNEBAGO
North East
The only speakers of the Siouan
language (much like that of the Oto, Iowa
and Missouri of the plains) in a
predominantly Algonquian-speaking
area. Inhabitants of southern Wiscon-
sin, they were forced to move to
Nebraska in the 1870s. However, some
returned, so that Winnebagos now live
in the old and new homelands.
Left: Blackhawk and Winneshiek, two
prominent leaders of the Winnebago in
the 1870's land struggles
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REGION VII I
RESERVATIONS
State/
Reservation
Kansas
Potawatomi
Kickapoo
Iowa
Sac & Fox
P o P u 1 a
~Reser"vation
1,040
370
588
36
"~Absente~e
2,670
898
1,501
240
Drinking
Water Source
Ground (private
wells and county
RWD*)
Surface (include
emergency line to
the Horton Water
District)
Ground (IHS wants
EPA to encourage
sale H20 to Wt .
Cloud
Ground (IHS wants
EPA to encourage
sale H2O to Wt.
Cloud
Wastewater
Treatment
IHTS & Cluster
(20-25 houses)
site drain
fields/lagoons
(2-3 cells)
IHTS & Cluster
site drain
fields/lagoons
IHTS & Cluster
site drain
f ie Ids/ lagoons
IHTS & Cluster
site drain
fields/lagoons
Solid
Waste
Trea tmen t
Jackson
County
landfill
op. on
reserva-
tion
Open dump,
interested
in start-
ing land-
fill
Open dump,
interested
in start-
ing land-
fill
Open dump,
interested
in start-
ing land-
fill
Area
(acres)
7,000
vs .
(19,000)
3,660
vs .
(20,000)
946
vs .
(17,000)
428
vs .
(17,000)
-------
REGION VII iN RESERVATIONS
(Continued)
Page 2
State/
Reservation
Iowa
Sac & Fox
(Mesquaqui)
Nebraska
Omaha
Winnebago
San tee
Missour i
None
Pop_ula
"~Re~s e r v a t io n" ~
696
2,372
(1,240
live in
Macy)
1,235
475
tion
"*Abse~n te"e~
_
_
_
Drinking
Water Source
Ground
Ground (rural
water system -
iron removal by
aeration)
Ground (community
system - iron
removal) (15-20
acres)
Ground (community
system - iron
removal) (10 acre
lagoon)
Wastewater
Treatment
IHTS & Cluster
site drain
fields/lagoons
currently re-
bidding on
lagoon stystem
IMS and commun-
ity lagoons
Macy, sewered
IHTS and commu-
nity lagoons
IHS and commu-
nity lagoons
Solid
Waste
Treatment
_
Open dump
Open dump
Collection
Service
Area
(acres )
3,420
(totally
purchased
26,800
vs .
300,000
27 ,500
vs .
120,000
9,358.0
vs .
(82,000)
* Rural Water District
- nn-lcrH=k-wn at this time
-------
04/05/94 VMRDIAN
P GRANT R AP
G NUMBER T TYPE
NAME
AMERICAN INDIAN TRIBE GRANTS (NOT CLOSED)
SORTED BY STATE/NAME
CUM CUM AWARD BUDGET BUDGET
AWARD (19) PAYMENTS DT START END
PROJECT PROJECT
START END
APP
REC
DT
INDIAN-CODE ST
PAGE 1
NI 007561010 N J SAC & FOX TRIBAL COU
MULTI MEDIA
51517
38681 910909 911001 930101 910724 073
911001 930101
IA
NI 007561020 C J SAC 8. FOX TRIBAL COU 35000
MULTI MEDIA
0 920930 921O01 930930 920820 073
921001 930930
IA
NI 007561030 C J SAC & FOX TRIBAL COU 45000
MULTI-MEDIA PROGRAM
0 930929 931001 940930 930302 073
931001 940930
IA
STATE IA
131517 38681
-------
04/05/94 VMRDIAN
P GRANT R AP
G NUMBER T TYPE
AMERICAN INDIAN TRIBE GRANTS (NOT CLOSED)
SORTED BY STATE/NAME
NAME
CUM CUM
AWARD (19) PAYMENTS
AWARD BUDGET BUDGET APP
DT START END REC
PROJECT PROJECT DT
START END
INDIAN-CODE ST
PAGE
NE 007872010 N J KICKAPOO NATION IN K
KICKAPOO ENVIRONMENTAL HISTORY PROJECT
5000
0 930625 930701 940531 930415 075
930701 940531
KS
I O07564010 N J KICKAPOO TRIBE
WATER QUALITY MANAGEMENT
92000
36528 910628 910701 930630 910626 075
910701 930630
KS
CD OO7852O10 N J KICKAPOO TRIBE 25000
PLANNING & DESIGN OF WETLANDS FOR KICKAPOO TRIBE
0 930921 931001 940930 930603 075
931001 940930
KS
NI O07901010 N J KICKAPOO TRIBE IN KA
KS KICKAPOO MULTI-MEDIA PROGRAM
55000
14750 930921 931001 940930 930602 075
931001 940930
KS
NI 007768010 N J PRAIRIE BAND POTAWAT
MULTI-MEDIA PROGRAM
45000
45000 920925 921001 930930 920309 076
921001 930930
KS
NI 007768020 C J PRAIRIE BAND POTAWAT
MULTI-MEDIA PROGRAM
45000
0 930929 931001 940930 930709 076
931001 940930
KS
T OO7175014 A J UNITED TRIBES OF KAN
0 82O917
0
0
0 820917
0
KS
STATE KS
26700O
96278
-------
04/05/94 VMRDIAN
P GRANT R AP
G NUMBER T TYPE
NAME
AMERICAN INDIAN TRIBE GRANTS (NOT CLOSED)
SORTED BY STATE/NAME
CUM CUM AWARD BUDGET BUDGET APP INDIAN-CODE ST
AWARD (19) PAYMENTS DT START END REC
PROJECT PROJECT DT
START END
PAGE 3
E 007501010 N J OMAHA TRIBE 34978
PESTICIDE ENFORCEMENT AND CERTIFICATION PROGRAM
0 910920 911001 920930 910115 079
911001 920930
NE
E OO7501020 C J OMAHA TRIBE 34978
PESTICIDE ENFORCEMENT AND CERTIFICATION PROGRAM
13000 930226 921001 940930 920804 079
921001 940930
NE
I OO779701O N J OMAHA TRIBE
40000 0 920630 920701 940630 920414 079
920701 940930
TO ESTABLISH AND OPERATE A WATER RESOURCE CONTROL PROGRAM ON THE OMAHA INDIAN RESERVATION
NE
NI 007801010 N J OMAHA TRIBE
MULTI MEDIA
35000
8750 920917 920917 940930 920619 079
920917 940930
NE
GA 0078O1020 C J OMAHA TRIBE OF NEBRA 72740 0 940309 940310 960310 940124 079
940310 960310
GENERAL ASSISTANCE - DEVELOPMENT AND ENFORCEMENT OF AN INTEGRATED RESOURCE MANAGEMENT PLAN
NE
E 007496010 N J SANTEE SIOUX TRIBE 32772 32772 910619 910619 920618 901025 080
910619 920618
CONSOLIDATED PESTICIDE COMPLIANCE MONITORING FOR ENFORCEMENT % CERTIFICATION
NE
NI 007795010 N J SANTEE SIOUX TRIBE 50000 34381 920512 920501 940930 920327 080
920501 940930
SANTEE SIOUX RESERVATION MULTI-MEDIA - BUDGET AND PROJECT PERIOD EXTENSION
NE
CD 007851010 N J SANTEE SIOUX TRIBE
WETLANDS PROTECTION DEVELOPMENT
48116
0 930729 930729 941231 921214
930729 941231
NE
-------
04/05/94 VMRDIAN
P GRANT R AP
G NUMBER T TYPE
NAME
AMERICAN INDIAN TRIBE GRANTS (NOT CLOSED)
SORTED BY STATE/NAME
CUM CUM AWARD BUDGET BUDGET
AWARD (19) PAYMENTS DT START END
PROJECT PROJECT
START END
APP
REC
DT
INDIAN-CODE ST
PAGE
E 007496012 A J SANTEE SIOUX TRIBE
32772 910913 910619 920618 910904
910619 920618
NE
E 007496020 C J SANTEE SIOUX TRIBE 0
32772 12990 920930 921001 940930 920715 080
921001 940930
PESTICIDE ENFORCEMENT PROGRAM - BUDGET AND PROJECTPERIOD EXTENSION
NE
NI 007795020 C J
MULTI-MEDIA
SANTEE SIOUX TRIBE O
45000
0 930921 931001 940930 930609 080
931001 940930
NE
E 007496021 A J SANTEE SIOUX TRIBE 0
PESTICIDE ENFORCEMENT/CERTIFICATION PROGRAM
12990 930930 921001 940331 930901
921001 940331
NE
I OO738OO10 N J WINNEBAGO TRIBE
WATER QUALITY PLANNING AND MANAGEMENT
80000
80000 890928 891001 920430 890807 081
891001 920430
NE
I 007380020 C J WINNEBAGO TRIBE
WATER QUALITY PLANNING AND MANAGEMENT
1851
1851 920630 920501 930930 910930 081
920501 930930
NE
I OO7380O30 C J WINNEBAGO TRIBE
WATER QUALITY PLANNING AND MANAGEMENT
69349
0 930630 930701 940930 930622 081
930701 940930
NE
E 007520010 N J WINNEBAGO TRIBE
33613
COOPERATIVE PESTICIDE CERTIFICATION AND ENFORCE- MENT
18417 910909 911O01 920930 910204 081
911001 920930
NE
-------
04/05/94 VMRDIAN
P GRANT R AP
G NUMBER T TYPE
NAME
AMERICAN INDIAN TRIBE GRANTS (NOT CLOSED)
SORTED BY STATE/NAME
CUM CUM AWARD BUDGET BUDGET
AWARD (19) PAYMENTS DT START END
PROJECT PROJECT
START END
APP
REC
DT
INDIAN-CODE ST
PAGE
E 007520020 C J WINNEBAGO TRIBE
COOPERATIVE PESTICIDE CERTIFICATION AND
33613 3955 930126 921001 940930 920714 081
921001 940930
ENFORCEMENT
NE
NI 007645010 N J
MULTI MEDIA
WINNEBAGO TRIBE
40000
38561 920407 920401 930930 920228 081
920401 930930
NE
X O07832O10 N J WINNEBAGO TRIBE
MONITORING WELLS
17000
0 920921 921001 950331 920817 081
921001 950331
NE
I 007380O11 V J WINNEBAGO TRIBE
WATER QUALITY PLANNING AND MANAGEMENT
80000 900913 891001 920430 900807
891001 920430
I O07380031 A J WINNEBAGO TRIBE 0 0 930930 9307O1 940930 930914
930701 940930
WATER QUALITY PLANNING AND MANAGEMENT AND AMENDMENT NO. 1 TO APPROVE CARRYOVER
NE
NI 007645020 C J WINNEBAGO TRIBE OF N
MULTI-MEDIA
45000
0 930927 931001 940930 930225 081
931001 940930
NE
STATE NE
22
746782 370439
-------
04/05/94 VMRDIAN
AMERICAN INDIAN TRIBE GRANTS (NOT CLOSED)
SORTED BY STATE/NAME
PAGE
p
G
GRANT
NUMBER
R
T
AP
TYPE
NAME
CUM
AWARD (19)
CUM
PAYMENTS
AWARD
DT
BUDGET
START
PROJECT
START
BUDGET
END
PROJECT
END
APR
REC
DT
INDIAN-CODE ST
TOTALS:
32
1145299
505398
-------
TAB #4
-------
fyMQSSt&f'Hf,'
TIONS
April 5,1994
^'/ซฎo?-"*^-"\ &'< *a^;
A^?;^.u 4;-;;' %-^
'>ป*" - :;V-;v
-------
TABLE OF CONTENTS
INTRODUCTION
CHAPTER 1 - Overview of Indian Country
CHAPTER 2 - Current EPA Tribal Operations 6
_, <
CHAPTER 3 - Profiles of Environmental Protection in I
f "
Indian Country 15
* , -, t-
,
CHAPTER 4- Tribal Environmental Issues 24
-------
INTRODUCTION
The following is a compilation of background material on Indian Country and EPA's roles, responsibilities and
activities in delivering environmental programs to Tribes.
Tribal governments, like States, are our partners in environmental protection. Since 1984, EPA's Indian Policy has
been the framework for the Agency's interaction with Tribal governments. Over the past ten years, EPA has developed a
modest program for Tribal Operations. However, with changes in Federal law providing for more participation in
environmental programs, the Agency's Indian program can no longer keep pace with the growing demand by Tribes for
stronger environmental protection in Indian Country. We have two challenges: 1) the development of Tribal capacity to
manage authorized programs and/or 2) direct federal implementation of EPA programs in partnership with the Tribes, where
Tribal programs are not authorized. To fulfill our statutory responsibilities in Indian Country and help meet rising Tribal
expectations, the Agency must review and revise its Tribal Operations. This revision will necessarily require every Office and
Region to evaluate and strengthen its role in the protection of Tribal environments.
At the initial meeting of the Tribal Operations Committee on February 17,1994, Administrator Browner reaffirmed
the Agency's Indian Policy and formally announced the creation of the Senior Tribal Operations Team. This team has been
assigned three specific tasks: 1) ensuring the integration of Tribal Operations into the Agency's Strategic Planning and
budget process; 2) updating the Agency's Implementation Guidance for the Indian Policy; and 3) developing
recommendations for the Agency's organization to support stronger Tribal operations. The Administrator has given us an
unprecedented opportunity to make great progress in assuring a sustainable, multi-media and customer-oriented
environmental program.
Thank you,
Martha Prothro,
Counselor to the Administrator for Tribal Affairs
-------
OVERVI
AN COUNTRY
I. NUMBER OF TR|BES, TOTALJJOPULATION AND
LAND BASE
II. MAP OF INDIAN
-------
TABLE 1.1 NUMBER OF TRIBES, TOTAL POPULATION AND LAND BASE
Region 1
Region 2
Region 4
Region 5
Region 6 (total)
Oklahoma
Region 7
Region 8
Region 9 (total)
Rancherias
Region 10 (total)
Alaska Tribes
Total
Number of Tribes
8 (1 pending)
7
6
29
62
36
9
27
139
48
266
223
553
TOTAL POPULATION1
2,967,884 persons ^
1.2% of the US Total
.
TOTAL INDIAN RESERVATION
AND TRUST LAND
167,545.7 square miles
4.7% of the US Total
J
*
1 1 990 United States Census data for all persons living on Indian reservations or trust lands
4
-------
FIGURE 1.1 MAP OF INDIAN COUNTRY
v-v- -{
r.r .>.c....,.^ \ ,
rra^X^aWF11
... .RSffi^_ ^toSTS,,[,....
NOTE: Prepared by USGS andBIA in 1991; does not thaw Tribes recognized since
1991. including 236 Alaska Native Tribes nor does it show individual Rancherias
-------
CHAPTER 2
CURRENT EPA TRIBAL OPERATIONS
-M^Srf^
I. MA
ANCE
DOCUMENTS
II. FY95PROG
LICIES A
AUTHORIZED WO
III. PERSON
STRUC
4
IV. PROGRAM RE
COUNTRY
S AND ORGANIZATIONAL
SIBILITIES IN INDIAN
-------
MAJOR INDIAN POLICIES AND GUIDANCE DOCUMENTS
I. EPA Policy for the Administration of Environmental Programs on Indian Reservations
A. Principles of the Policy
1. The agency will work directly with Tribal governments on a government to
government basis, rather than as subdivisions of other governments.
2. The agency will recognize Tribal governments as the primary parties for setting
standards, making environmental policy decisions and managing programs for
reservations, consistent with Agency standards and regulations.
3. The Agency will take affirmative steps to encourage and assist Tribes in
assuming regulatory and program management responsibilities for reservation
lands.
4. The Agency will take appropriate steps to remove existing legal and procedural
impediments to working directly and effectively with Tribal governments on
reservation programs.
5. The Agency, in keeping with the Federal Trust Responsibility, will assure that
Tribal concerns and interests are considered whenever EPA's actions/decisions may
affect reservation environments.
6. The Agency will encourage cooperation between Tribal, State and local
governments to resolve environmental problems of mutual concern.
7. The Agency will work with other Federal agencies which have related
responsibilities on Indian reservations to enlist their interest and support in
-------
cooperative efforts to help Tribes assume environmental program responsibilities for
reservations.
8. The Agency will strive to assure compliance with environmental statutes and
regulations on Indian reservations
9. The Agency will incorporate these Indian Policy goals into its planning and
management activities, including its budget, operating guidance, legislative
initiatives, management accountability system and ongoing policy and regulation
development processes.
B. Issue: In general Tribes agree with the Policy; however, "reservations" should be
changed to "Indian Country" so as to give the Policy a broad enough scope to
include Tribes in Oklahoma and Alaska.
II. Indian Policy Implementation Guidance
A. Principles of the Guidance: The implementation guidance follows each of the 9
principles of the Indian Policy.
B. Issues
1. Never really implemented in a consistent Agency-wide manner management
feedback and implementation tracking measures needed to be more explicit
2. Outdated as requested by Tribes, need to develop and fulfill a new action
directive for the implementation of the Policy
-------
III. EPA/State/Tribal Relations Concept Paper
A. Major principle of the Paper: The Agency will view Indian reservations as coherent
political units for regulatory purposes. The Agency will authorize only one
government to have lead program management responsibility within reservation
boundaries. Therefore, in order to manage reservation programs the Tribal (or
State) government must demonstrate adequate jurisdiction over pollution sources
throughout the reservation. Where, however, a Tribe cannot demonstrate
jurisdiction over one or more reservation sources, the Agency will retain
enforcement primacy for those sources.
B. Issues
1. Tribes support the Concept Paper and have requested its reaffirmation
2. The full implementation of the Concept Paper may require the Agency to
review some of its rules and regulations for inconsistencies with the Paper's
principles.
-------
f
TABLE 2.1 FY95 PROGRAM BASE BUDGET AND FTEs
OA
OAR
OPPTS
OW
OWSER
OECA
OPPE
OGC
Total
FTE
1.5
5
2.5
22.8
36.8
28.1
1.1
3.3
^^101.1
PRO
($)
150,000
313,500
167,800
1,499,000
1,548,400
1,960,300
83,200
264,000
5,986,600
AC&C
($)
9,500
1,746,900
314,000
5,892,000
2,298,300
6,853,600
90,000
0
17,294,300
WIF
($)
9,222,500
9,222,500
LUST
($)
500,000
500,000
Super-
fund ($)
2,724,000
2,724,000
Total
($)
159,500
2,060,400
481,000
16,613,500
7,070,700
8,813,900
173,200
264,000
35,637,400
FTErrull Time Equivalent workyears authorized
E*RO: Salary and Benefits for FTE authorized and travel funds associated with them
AC&C: Abatement, Control and Compliance - Money available to fund grants, program contracts and interagency
agreements
WIF: Water Infrastructure Financing - Money used to support activities to reduce pollution as a result of stormwater runoff
and support wastewater treatment systems
\*/ f&uฃf.eฃ~
-------
TABLE 2.2 HEADQUARTERS FULL-TIME STAFF
Indian
Coordin-
ator
Other
Staff
Total
Staff
OAR
1
1
OPPTS
0
ow
1
1
OSWER
2
2
OPPE
0
OECA
0
OGC
0
OCEPA
0
OTHER
0
TOTAL
2
2
4
TABLE 2.3 HEADQUARTERS PART-TIME STAFF
Indian
Coordin-
ator
Other
Staff
Total
Staff
OAR
4
4
OPPTS
1
4
5
ow
6
6
OSWER
1
7
8
OPPE
1
1
2
OECA
1
(National
Indian
Coordinator)
6
7
OGC
7
7
OCEPA
1
1
OTHER2
2
5
7
TOTAL
7
40
47;";
2 Office of Environmental Justice.co-coordinators, Grants Administration Division, Office of Research and Development, Office of Regional Operations,
State and Local Relations and Special Assistant to the Administrator
11
-------
FIGURE 2.1 ORGANIZATIONAL LOCATION OF THE
HEADQUARTERS INDIAN COORDINATORS
OAR
Assistant Administrator
Office of Program Management Operations
Indian Coordinator
OPPTS
Assistant Administrator
Indian Coordinator
OW
Assistant Administrator
Indian Coordinator
OECA
Assistant Administrator
Office of Federal Activities
National Indian Coordinator
OGC
The General Counsel
Grants and Intergovernmental Division
Indian Coordinator
OSWER
Assistant Administrator
Organizational Management and Integrity Staff
Indian Coordinator
OPPE
Assistant Administrator
Office of Strategic Planning and Environmental Data
Strategic Planning and Management Division
Regional and State Planning Branch
Indian Coordinator
OCEPA
Associate Administrator
Office of Environmental Education
Indian Coordinator
OROSLR
Associate Administrator
Indian Coordinator
OARM
Deputy Assistant Administrator
Office of Environmental Justice
Co-Indian Coordinators
12
-------
TABLE 2.4 REGIONAL FULL AND PART TIME STAFF
Indian
Coordinator
EPA Tribal
Liaison
Circuit
Rider (SEE)
OAR
OPPTS
OW
OSWER
ORC
OCEPA
Other
Total
Region
1
full part
1
1
in-
tern
1
5
1
1
0 10
Region
2
full part
1
2
1
4
5
1
3
0 17
Region
4
full part
1
1
1
1
1
1
1
2
0 9
Region
5
full part
1
3
1
2
1 6
4
1
1
1 3
7 17
Region
6
full part
1
2
8
21
8
2
3
24
3 66
Region
7
full part
1
1
1
1
2
1
2 5
Region
8
full part
1
11
3
1 32
3
1
1
3 50
Region
9
full part
2 1
1 1
SEE SEE
1
7
8
7 13
1 10
1 6
1
13 47
Region
10
full part
1
1
4
4
1 10
3
3
7 22
Total
full part
6
6
9
0
0
10
1
2
0
1
^
135 |
5
2
0
36
11
81
35
16
5
34
"ST
13
-------
FIGURE 2.2 ORGANIZATIONAL
LOCATION OF THE REGIONAL INDIAN
COORDINATORS
REGION 1
Deputy Regional Administrator
Planning and Management Division
Planning, Analysis and Grants Branch
Planning and Analysis Section
Indian Coordinator
REGION 2
Deputy Regional Administrator
Office of Policy and Management
Environmental Impacts Branch
Federal Activities Section
Indian Coordinator
REGION 4
Deputy Regional Administrator
Office of Policy and Management
Indian Coordinator
REGION 5
Deputy Regional Administrator
Indian Coordinator
REGION 6
Deputy Regional Administrator
Environmental Services Division
Federal Activities Branch
Federal Assistance Section
Indian Coordinator
REGION 8
Deputy Regional Administrator
Office of External Affairs
Indian Coordinator
REGION 7
Deputy Regional Administrator
Planning and Management Division
Environmental Review Branch
Environmental Review and Coordination Section
Indian Coordinator
REGION 9
Deputy Regional Administrator
Office of External Affairs
Indian Coordinator
REGION 10
Deputy Regional Administrator
Office of Water
Indian Coordinator
14
-------
PROFILE
I. PROGRA
AND DIREC
II. GENERAL ASSIS
III. NUMBER OF T
OFFICIALS
IV. PROGRAM AC
V. OVERVIEW OF
PROTECTION IN
Y
I AUTHORIZATIONS
ENTATION
CHAPTE
IRONME
NDIAN CO
NTAL
OUNTRY
ROGRAM
-------
I
f
^v.
^-
TABLE 3.1 PROGRAM DELIVERY
OAR
TAS approved
TAS pending
Authorization approved
Authorization pending
Direct Implementation
OPPTS
Authorization approved
(coop, agreements)
Authorization pending
(coop, agreements)
Direct implementation
Region
1
Region
2
Region
4
Region
5
Region
6
Region
7
Region
8
Region
9
Region
10
Total
Pending promulgation of the Clean Air Act Tribal Rule in June 1995
- '
FIFRA (1)
FIFRA
(2)
1
FIFRA
(3)
FIFRA
(1)
-------
TABLE 3.1 PROGRAM DELIVERY (continued)
ow
TAS approved
TAS pending
Authorization approved
Authorization pending
Region
1
106 (3)
314(1)
106(2)
Region
2
106(1)
319(1)
Region
4
106 (4)
314(1)
319(1)
319(1)
303 (2)
Region
5
106 (IS)
314 (5)
106 (2)
314(1)
UIC(l)
Region
6
106(10)
SDWA (1)
106 (8)
314(1)
303(3)
Region
7
106 (3)
106 (2)
Region
8
106 (15)
314(5)
SDWA (2)
UIC (1)
106 (2)
319(2)
401 (1)
404 (1)
303 (1)
319(1)
404 (1)
UIC(l)
PWSS (1)
Region
9
106 (12)
314 (2)
319(1)
SDWA (1)
UIC (1)
PWSS (1)
106 (6)
319(1)
SDWA (1)
UIC (1)
PWSS (1)
303 (1)
PWSS (1)
Region
10
106 (16)
314(4)
319(1)
106 (16)
314(4)
319 (2)
303 (10)
Total
106 (79)
314 (18)
319 (4)
SDWA (4)
UIC (2)
PWSS (1)
106 (38)
314 (6)
319(6)
401 (1)
404 (1)
SDWA (1)
UIC (2)
PWSS (1)
303 (3)
303 (14)
319(1)
404 (1)
UIC (1)
PWSS (2)
17
-------
TABLE 3.1 PROGRAM DELIVERY (continued)
OW (continued)
Direct implementation
OSWER
Authorization approved
Authorization pending
Direct implementation
Other
Direct implementation
Region
1
303
319
404
NPDES
SDWA
UIC
PWSS
NEPA
Review
Region
2
PWSS
Super-fund
Region
4
Region
5
404
NPDES
PWSS
RCRAC
(1)
Superfund
Region
6
UIC
Superfund
Region
7
PWSS
Region
8
NPDES
UIC
RCRAD
(1)
.-.
Region
9
404
NPDES
UIC
PWSS
RCRAD
(1)
RCRAC,
UST,
Superfund
NEPA
Review
Region
10
PWSS
Superfund
Total
303
319
404
NPDES
SDWA
UIC
PWSS
RCRAC
UST,
Superfund
. ... ip "
RCRAC,
UST,
Superfund
NEPA
Review
18
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TABLE 3.2 GENERAL ASSISTANCE GRANTS PROGRAM
Number of
General
Assistance
Grants
Region
1
7
(Iper
Tribe as
ofl993)
Region
2
3
(covers 3
Tribes)
Region
4
5
(Iper
Tribe as
of 1993)
Region
5
24
(covers
every Tribe
-22
Tribes &
2con-
ortia)
Region
6
5
(covers 54
Tribes - 3
Tribes & 2
con-
sortia)
Region
7
10
(covers 6
Tribes)
Region
8
11
(covers 10
Tribes & 1
con-sortia)
Region
9
16
(covers 14
Tribes & 2
consortia)
Region
10
40
(covers 4
consortia,
12 Tribes
&WA.
water
project)
Total
121
TABLE 3.3 NUMBER OF TRIBES WITH AN ENVIRONMENTAL OFFICIAL
jO
j^^L>*s
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PROGRAM RESPONSIBILITIES IN INDIAN COUNTRY
Office of Air and Radiation
Federal Implementation Plans
Class I redesignation of air quality standards
Radon program
Air quality monitoring
Implementation of the Clean Air Act pending promulgation of the Tribal Rule
Office of Water
Safe drinking water program NPDES permitting
Underground injection control Sludge control
Waste water pretreatment Wetlands
Public water supply system Construction grants
Nonpoint source program Water quality standards
Office of Solid Waste and Emergency Response
Municipal solid waste program (RCRA subtitle D)
Hazardous waste program (RCRA subtitle C)
Underground storage tank program (RCRA subtitle I)
20
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Superfund program
-- Community Right to Know and Emergency response program
(SARA Title III)
Office of Prevention, Pesticides and Toxic Substances
Pesticides enforcement program (FIFRA)
Pesticides certification program (FIFRA)
Endangered species protection (FIFRA)
Groundwater protection (FIFRA)
Worker protection enforcement (FIFRA)
TSCA program
Wellhead protection program
Asbestos program
21
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GENERAL ASSISTANCE PROGRAM (GAP)
Purpose and Goals
The Program provides for Tribal governments and Inter-Tribal consortia to receive general assistance for
the purpose of planning, developing and establishing the capacity to implement programs administered by the
U.S. Environmental Protection Agency. The Program provides an opportunity for an integrated approach to
capacity-building through a single-assistance agreement with a single set of reporting requirements.
Eligibility
Federally recognized Tribal entities and Inter-Tribal consortia are eligible to receive funding.
Eligible Activities
Planning, developing and establishing capacity may include assistance with developing the appropriate
legal and administrative infrastructure, setting environmental priorities, establishing technical capability and
planning and establishing an integrated management program to be implemented through project and
program-specific assistance. The act also expressly authorizes the use of general assistance agreements for
the development and implementation of solid and hazardous waste programs for Indian lands.
Capacity Building
The objective of program-specific capacity building is the eventual establishment and implementation of
on-going environmental management programs, rather than the creation of a series of short-term projects.
The term capacity refers to the strength and effectiveness of a Tribe's institutions, technology and human
resources. Tribal capacity development includes staff training, updating and streamlining processes and
procedures, developing information systems, education and outreach. Four major areas for development are
Core Program capacity and legal, administrative and technical capacity.
22
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Program Administration
Currently the National Program Manager (NPM) in the Office of Federal Activities has the responsibilities
for the general administration of the Program, including budget development, funding disbursement and
oversight. The Regional Program Manager (RPM), as the approving official, has the primary responsibility
in each Region for the allocation of funds to Tribes. The National Program Offices are responsible, either
directly or indirectly, through their Regional counterparts, for program implementation activities.
Funding
Funds for general assistance agreements are Abatement, Control and Compliance (AC&C) funds. Some of
the Agency's program-specific funds and other available discretionary funds may be reprogrammed for use
as general assistance funds.
The term of the award may be from 1-4 years. Recipients may reapply for a new assistance agreement at
the end of a 4-year project period if necessary to complete their capacity-building effort. New grants must be
for a minimum of $75,000.
Currently the Indian Environmental General Assistance Program Act authorizes $15 million for
appropriations. ~~
Funds appropriated for the (Multi-media; FY91-FY93 and) General Assistance Program:
FY91 $1.7 million FY94 $8.5 million *
FY92 $5.8 million^ FY95 $6.8 million (requested)
FY93 $7.9 million*
Limitations ^
Primary limitations are; l^no authority to use funds for program implementation^ 2) not funded to
authorized level, 3) authorization level will neecflb increase to fully meet Tribal need and increased
expectations and 4) shortage in EPA staff to effectively manage the expected increase in agreements.
23
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I.
CHAPT1
TRIBAL ENVIRONM]
GENERAL TRIBAL ENVIRON]
CONCERNS
II. PROGRAM SPECIFIC NEEDS AND
III. BARRIERS TO ENVIRONMENTAL
INDIAN COUNTR1T
24
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GENERAL TRIBAL ENVIRONMENTAL NEEDS AND CONCERNS
resources: funding formulas, levels, matching requirements and FTEs
technical assistance and training
authorize General Assistance Grants for program management
development of Tribal capacity and/or direct Federal implementation
improved communication
simplify/streamline or eliminate Treatment as a State process
clarify Trust Responsibility
commitment to implementation of the Indian Policy
consistent legal support for the Indian Program
support the EPA/State/Tribal Relations Concept Paper
PROGRAM-SPECIFIC NEEDS AND CONCERNS
Hazardous and Solid Waste
RCRA Subtitle C, D and I statutory/regulatory changes
closing open dumps and finding alternative disposal methods
emergency response plans
-- hazardous waste site inventory
underground storage tank inventory and inspection for leaks
LUST and hazardous waste site remediation
25
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Water
water quality standards
-- waste water treatment facilities
wetlands protection
discharges (Dioxin) from pulp and paper mills
Air and Radiation
promulgation of the Clean Air Act Tribal Rule
addressing Tribal air quality problems in the absence of the Rule
Radon testing and remediation
Federal Implementation Plans
Pesticides
enforcement
certification
groundwater protection
worker protection
26
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BARRIERS TO ENVIRONMENTAL PROTECTION IN INDIAN COUNTRY
Within EPA:
limited funding for the Agency's Tribal operations and for grants/ financial assistance to
Indian Tribes
limited staff to process Tribal applications and monitor grant and cooperative agreement
activities
limited funding and staff for technical assistance, outreach and education
cumbersome application procedures for Treatment as a State
emphasis on funding more short-term project grants for limited amounts, rather than
program development grants
lack of authority to use General Assistance funds for program implementation
lack of consistency in the Regional implementation of EPA programs in Indian Country
lack of sensitivity training for EPA management and staff about Federal responsibilities in
regards to Native Americans, Tribal environmental issues and Tribal governments
lack of baseline data on Tribal environmental needs and associated central repository for
this data
lack of consistent Agency-wide commitment to Tribal operations
lack of statutory/regulatory authority to authorize Tribal programs to under RCRA
lack of rapid resolution of State challenges to Tribal jurisdiction claims
27
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Tribal Barriers:
lack of staff to participate in EPA programs
lack of travel funds to attend EPA-sponsored training
lack of resources to meet grant matching requirements
Tribal environmental staff may need assistance in developing applications for EPA
programs
Tribes relative inexperience in managing EPA grants and working with Federal
environmental programs and procedures
lack of formal Tribal environmental codes
limited funds may force unwanted competition among some Tribes
Tribal - State Barriers
disputes over Tribal jurisdiction
State concerns about Tribal capacity to run environmental regulatory programs
State and Tribal misunderstanding of the EPA Indian Policy and EPA/State/Tribal
Relations Concept Paper
concern over the development of joint programs for the solution of common environmental
problems
Interagency Barriers
division of environmental program authority among a number of Agencies (ie. BIA, IHS,
USDA, HUD, etc.)
lack of formal procedures for coordinating environmental efforts in Indian Country and
leveraging resources
28
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAR 4 1994
OFFICE OF ENFORCEMENT
MEMORANDUM:
SUBJECT: Final Draft of the FY93 Environmental Activities Report
FROM: Joe
Chief, Environmental Programs Branch
Office of Federal Activities
TO: Regional Indian Program Coordinators
Headquarters Indian Program Coordinators
Attached for your review is the final draft "Environmental
Activities Report for FY 1993." Your submission of activities,
expenditures and workyears expended for the Indian program has
been incorporated. Before we send the report to the printers for
publication, we are offering each of you the opportunity to
review the final copy. It is imperative that you check your
portion of the report for accuracy of grants, funds and contracts
awarded. The deadline is March 31, 1994. We will consider a "no
response" to mean that your portion is correct.
Due to the lateness of some submittals the timeframe for
completing the draft report has slipped. A review of the draft
report has been done by our staff. The results of that review
are attached with questions in regard to your submittal (i.e.
monies, grants, agreements, FTEs, additional or a better
description of the project, etc.). Please review these and make
necessary corrections.
We would like to get back on schedule and can do so with
your support. We would greatly appreciate a return of your
portion with comments, additions or changes to Clara Mickles,
Special Programs and Analysis Division at Mail Code 2252, 401 M
Street, SW, Washington, D.C. 20460 or fax to (202) 260-0129.
Attachment
5 Printed on Recycled Paper
-------
Vr/
DRAFT
US ENVIRONMENTAL PROTECTION AGENCY ซA/*
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
Introduction X
Observations X
Program Highlights X
Matrix Data (Funding and Workyears) X
Graph: Funding X
Graph: Workyears X
PROGRAM OFFICES:
\
OFFICE OF AIR AND RADIATION X
Air Programs X
Radiation Programs X
OFFICE OF WATER X
Clean Water Act Programs X
Safe Drinking Water Act Program - UIC X
Safe Drinking Water Act Program - PWSS X
Groundwater Programs X
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES X
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE X
RCRA Programs X
CERCLA/SARA Programs X
OFFICE OF ENFORCEMENT X
MULTI-MEDIA/GENERAL ASSISTANCE PROGRAMS X
OFFICE OF POLICY, PLANNING AND EVALUATION X
OFFICE OF GENERAL COUNSEL/OFFICE OF REGIONAL COUNSEL X
OFFICE OF PUBLIC AFFAIRS X
OFFICE OF REGIONAL OPERATIONS AND STATE/LOCAL RELATIONS X
OFFICE OF ENVIRONMENTAL EQUITY X
NON-CATEGORICAL FUNDING X
Regional Map X
Indian Work Group Coordinators X
Glossary of Acronyms X
Appendix X
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US ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
INTRODUCTION
In November 1984, EPA issued an Indian Policy and Implementing Guidance,
in which it committed to working with Indian tribes, recognizing that tribal
governments are the primary parties for setting standards, making environmental
policy decisions and managing environmental programs on reservations. The Agency
further committed to encourage and assist Indian tribes in assuming regulatory and
program management responsibilities.
Since the publication of this policy, EPA has focused on four major areas: (1)
seeking amendments to environmental statutes in order to clarify the role of tribal
governments in environmental protection; (2) increasing outreach activities with tribal
governments in order to strengthen their understanding of the federal environmental
statutes and EPA's understanding of tribal environmental issues; (3) working to
incorporate attention to tribal environmental problems and issues into EPA's broader
management structure: guidance, program strategies, budget considerations, etc.;
and, (4) the direct support of tribal environmental protection activities.
This report is designed to give an annual overview of Agency efforts to establish
environmental regulations on Indian lands. It measures the amount of workyears
(the equivalent of one person working full time for a year) and funding that
EPA Headquarters and each Region expended to implement each environmental
law (i.e., Clean Air Act, Federal Insecticide, Fungicide and Rodenticide Act,
etc.) on Indian lands. It is important to note that travel funds and salaries are
not included in the funding column or in the funding matrix included with this
report. (If they were, the total amount of expenditures would be larger). Also, it
should be noted that these figures are estimates. Finally, because of the nature
of the presentation, the report frequently makes use of acronyms. A glossary
has been provided to assist the reader.
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
PROGRAM HIGHLIGHTS
Office of Air and Radiation
The Office of Air and Radiation (OAR) activities during the year were primarily focused
internally on rule development, and outreach meetings with Indian Tribes on possible rule
requirements. The OAR Acting Assistant Administrator signed a Memorandum of
Understanding with Northern Arizona University (NAU) detailing a partnership that will
include grants, cooperative agreements and student scholarship support OAR also provided
continuation for the Indian Air Quality assessment grants. Details of these events are
summarized as follows:
RULE DEVELOPMENT - Considerable effort was focused on discussions of provisions of
the Indian regulation for the Clean Air Act with workgroup members in the Regional and
Program offices. OAR also participated in the development of the Agency's consolidated
Tribal treatment -as-a-state regulation workgroup and Tribal General Assistance Program
regulation workgroup. Using this experience, OAR integrated relevant portions of these
other regulations in the draft of the air regulation.
AIR RULE TRIBAL OUTREACH - The Air Workgroup summarized the prospective
elements of the Indian Air rule and conducted four meetings with tribal participants in
Chicago, Denver, San Francisco and Flagstaff, AZ during the year. The workgroup had an
opportunity to brief State Air Directors on the Rule in Scottsdale, AZ and received their
support on inviting Indian Tribal Air Program Directors into the State and Territorial Air
Program Directors (STAPPPA) group as peers. The incorporation of Tribal Air Directors in
STAPPA should bring Tribes a wealth of information, technology transfer as well as
program development expertise.
CONTINUING GRANT SUPPORT - pAR continued to support tribes with program grants
for radon testing and mitigation (five tribes and tribal consortia). OAR continued support of
the air quality assessment for seven tribes in addition to the continued funding of nine tribal
programs in Region 8.
OAR/CAMPUS PARTNERSHIP - In May, 1993 the Acting Assistant Administrator for Air
and Radiation and the President of Northern Arizona University (NAU) signed a
Memorandum of Understanding (MOU) in Flagstaff, AZ detailing a partnership that includes
cooperative agreements, internships, graduate National Network for Environmental
Management grants, personnel details, and air training programs for both EPA and Indian
trainees.
Office of Water
Clean WaterPiogisms
The Office of Water conducted six water quality standards training academies which had a
large representation from Indian Tribes. Three of these workshops were attended by both
States and Tribes. Three Tribes have received approval for treatment-as-a-state for the WQS
program. They are: Pueblo of Isleta, the Pueblo of Sandia and the Pueblo of San Juan.
Two Tribes have adopted and EPA approved water quality standards, they are: Pueblo of
Isleta and the Pueblo of Sandia.
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
PROGRAM HIGHLIGHTS
Under Sec. 1443(b) of the Safe Drinking Water Act, the UIC Branch allocates up to five
percent of Underground Source Water Protection Grants for Undergound Injection Control
(UIC) programs for Indian Tribes. In FY 1993, the UIC Branch allocated five percent or
$545,000, to Regions n, V, VI, Vffl, K and X to support UIC programs for Indian Tribes;
provide technical assistance and training; and, build Tribal capacity to attain primary
enforcement authority for the UIC program.
On February 11,1993, the Office of Water published final regulations (40 CFR Parts 232
and 233) on treating Tribes as States for the purpose of assuming the Clean Water Act
Section 404 permit program. This regulations amend the Section 404 State Program
Regulations by adding the procedure by which an Indian Tribe may qualify for treatment as a
State in order to be eligible to subsequently apply for assumption of the dredge and fill permit
program under Section 404 of the Clean Water Act This regulation satisfies the statutory
provisions in Section 518 of the Clean Water Act with respect to the 404 program and, in
part, Sections 308 and 309 of the Clean Water Act
The Nonpoim Source Program (Sec. 319) has made substantial progress with Tribes in the
past year. Two additional Tribes, the Eastern Cherpkees and the Campo Band of Kumeyaay
Indian (Regions 4 and 9) have become participants in the program and several new Tribes are
expected for FY94. The grant guidance for 319 has been updates and clarifies the section
pertaining to Tribes. The Office now has a staff person assigned to work on issues that
pertain to Tribes in relation to the Nonpoint Source Program. The Office is in the process of
preparing a "Tribal Guide" on the Nonpoint Source Program which will be available within
the next few months.
In FY 1993, the Regional and Headquarters coordinators responsible for direct
implementation of the Drinking Water program on Indian lands formed a network to facilitate
consistent program implementation. Major issues addressed by the network included
enforcement, waiver policy, monitoring, cross-program coordination, and technical
assistance.
Safe Drtnkhg WaterPiogiams/QoundwaterPiogiams
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
PROGRAM HIGHLIGHTS
Office of Solid Waste and Bnergencv Response
CERCLA/SARA Programs
The Superfund program under the authority of Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), as amended by Superfund Amendment and
Reauthorization Act (SARA), provides financial and technical assistance to Indian Tribal
Governments nationwide in an effort to build Indian Tribal capacity to develop environmental
regulations, perform, and participate in hazardous waste cleanups on Indian land. In FY 1993,
Superund awarded nearly $ million to Indian Tribal Governments through Cooperative
Agreements.
In addition to financial assistance, CERCLA provides technical assistance to Indian Tribal
Governments in many areas. For example, conducting removal and remedial actions on tribal
lands; implementation of SARA Title III Community Right-to-Know Emergency Planning,
administration of Cooprative Agreements; emergency responder training for tribal emergency
response and planning personnel; conducting Preliminary Assessments and Site Investigations;
and providing outreach to Indian Tribal Governments on a regular basis.
Specifically, in FY 1993, the program supported a regulation deviation to allow Region 10 to
award a cooperative agreement to a Tribe for work at a site not technically within its
jurisdiction, but which is on land which the Tribe has hunting, fishing, and gathering rights.
This decision sets a precedent for enhancing participation of Indian Tribes in Superfund
responses.
RCRA Programs
The Office of Solid Waste and Emergency Response's Office of Waste Programs Enforcement
activities included participation in: workgroup for the simplification of EPA's process for tribal
authorization, consulted on the proposals to amend the Clean Water Act and Safe Drinking
Water Act, participated in the Subtitle C Tribal Authorization Workgroup; attended the National
Indian Coordinators Spring Workgroup meeting in Washington, D.C.; and awarded a grant
with OSWER's Office of Solid Waste for an evaluation of Gila River Reservation's hazardous
waste activities. The activities included a hazardous waste training, inspections, developing a
handlers list, preparing an annual report, and assisting another tribe in a hazardous waste
inspection.
Headquarters (OSW) and Region 10 developed a joint, pilot project that places VISTA
volunteers in Alaska to assist the Alaska villagers with solid waste management. During
FY93, EPA and ACTION developed a work plan, and executed a Memorandum of
Understanding and Interagency Agreement. The first three volunteers recruited by ACTION
and selected by EPA, will be on-site in FY 94. Current plans call for an additional two
volunteers to be placed in Spring, 1994. OSW is considering the possibility of duplicating this
project in the lower 48 states at the end of the 2-year pilot
Office of Pesticides and Toxic Substances
Pesticide Programs
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
PROGRAM HIGHLIGHTS
Office of Enforcement
Office of Federal ActMOes
Multi-Media Assistance Agreements
Office of Policy. Planning and Evaluation
The work of the Office of Policy, Planning and Evaluation (OPPE) is to provide policy support to
the Administrator and Deputy Administrator and to run many of the management and evaluation
processes that keep the Agency functioning. OPPE also conducts demonstration projects and
research to promote effective environmental management OPPE is working with Tribes in Region
5,8, and 10 on projects that will enhance Tribal capacity to effectively manage Reservation
environments as well as improve the effectiveness of EPA's and other agencies' work with Tribes.
The first comparative risk project to ever look at Native Americans, the Wisconsin Tribes
Comparative Risk Project, found that Native Americans in Wisconsin face some different
environmental risks from those faced by the general population, mostly because of different types
and levels of exposure to environmental hazards. The Region 8 project will build on the
methodological innovations developed in die Wisconsin project
Comparative risk projects review available data on environmental problems in a risk assessment
framework, then use consistent assumptions and criteria to evaluate each environmental problem in
terms of the human health, ecological, and economic and social damages they may pose. The
environmental problems are then ranked and the rankings and analysis are used to form decisions on
how to best address those problems.
The project analysis and ranking will be used to guide decision-making for addressing the
environmental problems most effectively. The findings are expected to be useful both to the Tribes
and to other Federal and state agencies in detemining what the worst environmental risks that the
Tribes face are and the main causes for those risks. Tribes expect to work together with EPA and
other agencies to address the risks which are uncovered
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
PROGRAM HIGHLIGHTS
The OPPE Science Policy Staff is working under a cooperative agreement with the Columbia River
Inter-Tribal Fish Commission (CRTTFC) which is representing its four member Tribes (the Yakima,
Umatilla, Nez Perec, and Warm Springs Tribes) to improve estimates of fish comsumption among
tribal members. The Commission has worked with the tribes to conduct a fish consumption survey
to establish a high-confidence estimate for fish consumption to examine the validity of the national
estimates currently used for risk assessments and establishment of water quality criteria and
standards. The rate of consumption is a critical factor in establishing potential exposure to dioxin
and other toxic effluents. While the consumption survey alone is not sufficient to estimate exposure,
this survey together with information on pollutants in fish and the effects on humans would allow
more accurate and complete exposure assessments. The Commission is expected to publish its study
in late 1993 or early 1994.
Office of Environmental Eauitv
The Office of Environmental Equity Office (OE2) formed the "Equity Indian Study Group,"
comprised of both Regional and Headquarters EPA staff to determine the environmental justice
issues facing American Indians and Alaska Native Villagers. The Study Group drafted a "position
paper" to report on its findings. Financially, the Equity Office provided funds to support: the
Agency's Environmental Science Scholarship program administered by the American Indian Science
and Engineering Society (AISES) for college students studying environmental science or related
fields; the Region 8 Tribal Comparative Risk Project; the Salish-Kootenai Tribal College
Environmental Science Degree Program Development Project; and the Tribal Environmental
Investigations Training Program. The Equity Office is developing a "Small Grants Program" for
FY94 to provide additional money for local environmental projects and outreach efforts.
The Equity Office formed the "Equity Indian Study Group" to coordinate with EPA Headquarters
and Regional staff to review the environmental justice issues facing American Indians and Alaska
Native Villagers. The Study Group drafted a "position paper" to report on its findings and its
recommendations for addressing the environmental justice concerns. The Study Group will
distribute the draft to tribes for comment before publication.
For FY 1994, the Equity Office hopes to have in place a new "Small Grants Program" to provide
additional money for local eenvironmental projects and outreach efforts. These funds will be made
available to grass-roots, community, non-profit, and tribal organizations, tribal governments, and
educational institutions through advertized competition. The awards will be made up to a maximum
of $10,000.
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
PROGRAM HIGHLIGHTS
Office of Public Affairs
The Tribal Lands Environmental Science Scholarship Program created by EPA to increase the
number of American Indians who are educated in the environmental sciences and available to work
to improve the environmental protection of tribal lands. In colleges and universities nationwide,
junior/senior and graduate school students compete for these scholarships based on the following
factors:
o Grade point average (2.5 minimum)
o Knowledge of Indian Culture
o Commitment to environmental protection
o Character and leadership ability
o Level of study
o Work experience
Each annual scholarship is set at $4,000 per student. Efforts are made to retain scholarship awardees
on the program if they maintain their grade point average.
8
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
REGION I
REGION II
Region 2 awarded Indian multi-media assistance through cooperative agreements to three applicants:
the St Regis Mohawk Tribe (SRMT), the Seneca Nation of Indians (SNI), and the Oneida Indian
Nation. Each of these awards support continued environmental capacity building activities.
Specifically, the workplans include development of environmental assessments, management plans,
and legal regulatory framework.
Region 2 continued to provide technical assistance and program grant funds to grant applicants (i.e.,
three of the seven federally recognized Tribes located in New York have applied for EPA grants).
This included award of continuing grants to the SRMT of $50,000 under Section 105 Clean Air Act,
$47,204 under Section 106 of the Clean Water Act, and a $151,385 Superfund CORE grant In
addition, the SNTs Indian Radon Pilot project was awarded second year funds in the amount of
$10,000. Continuing grants were awarded for the SRMT and SNI under the Safe Drinking Water
Act (SDWA) for inspections and testing of its public water supply system. First year grants were
also awarded: the Oneida Indian Nation was awarded $9,935 for environmental education; the
SRMT was awarded $63,000 wetlands grant and the SNI was awarded $48,315 under CWA
Section 104 for development of NPDES and sludge management capacity, as well as for training and
development of Treatment-as-a-State status.
The Region provided direct assistance in the evaluation of a landfill fire on the Tonawanda Band of
Senecas Reservation and negotiated an Inter-Agency Agreement with the Department of the Interior,
which provided funds to extinguish fire and remediate the site. The Region continued to provide
direct assistance in support of the CERCLA/SARA removal action of 1500 drums at the Onondaga
Nation Drum Site, and responded to requests for assistance in spill response, discovery of
abandoned underground storage tanks and review of proposed facilities.
In support of the Region's proposed EPA/Indian leaders meeting and the development of a regional
Indian strategy, the Acting Regional Administrator established a Regional Indian Workgroup
(RIWG). Specifically, RIWG has prepared a draft strategy, draft issues paper and other background
information and will include the Indian tribes in arranging the meeting. Further, Tribal Profiles have
been developed based on existing regional information.
The Region provided input to the SRMT-produced Iroquois Environmental Newsletter, a publication
funded through the multi-media program.
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
REGTON IV
A Region IV Water Management Division Native American Coordination Team was formed to
provide information and services to the tribes and to coordinate tribal water program needs with the
objectives and financial resources of the Region's water programs. The team acts as an advocate for
the Region IV tribes at the divisional, regional and national level in the area of water resources
management
Region IV coordinated with Headquarters on conducting hearings for Regional solid waste
management plan for the Cherokee tribe and Swain and Jackson Counties in North Carolina; assisted
the Cherokee Tribe in determining spill investigations and testing requirements at the existing landfill
which is scheduled for closure; reviewed and made recommendations on a proposal submitted to the
Choctaw tribe by a consultant for testing and soil investigations for closure of their landfill; worked
with the Choctaw tribe to find a use for sawdust from the pallet fabrication plant; coordinated with
the five regional tribes to hold the first Regional solid waste meeting in Atlanta; and awarded solid
waste grants to the Cherokee Tribe of North Carolina and to the Poarch Band of Creek Indians, in
Alabama.
Awarded multi-media tribal grant ($22,300) to five tribes in Region IV to develop Air regulations.
REGION V
Midwest Flood Relief Efforts: The Indian Environmental Liaisons and Region 5 planning staff
performed outreach activities to determine the extent of flood damage to reservations within the
Mississippi River Basin. They worked with Tribes, FEMA, and other organizations to address the
damage.
Region 5 developed and approved a Quality Assurance Program Plan (QAPP) for fish collection and
analysis and a Pesticide Cooperative Research Agreement with the Leech Lake Band of Minnesota
Chippewa. The QAPP presented many challanges as it was the first time analysis for nitrogen-based
pesticide in Fish tissue has been undertaken in a U.S. EPA cooperative agreement with a tribe in
Region 5.
Under the Pesticide Cooperative Agreement with the White Earth Band of Chippewa, a major
accomplishment was the adoption of the Tribal Pesticide Code by the Tribal Council on January 8,
1993. In addition, the first White Earth pesticide inspector received Federal inspection credentials in
the second quarter.
Region 5's Office of RCRA Regulatory Development Section continued to fund the Menominee
Tribe's efforts in preparing an authorization application as part of a National Pilot Project The Tribe
is seeking partial authorization for 40 CFR Parts 260, 261,262, and 263. During FY93, the Tribe
submitted its draft authorization application for partial base authorization. Region 5 and
Headquarters conducted a concurrent review of the Tribe's application and forwarded EPA's
consolidated comments to the Tribe on March 9,1993. The Tribe is scheduled to submit its final
authorization application in FY94.
OCEPP staff helped represent the Office of Superfund on the Regional Indian Work Group (RIWG).
As part of the RWIG, OCEPP staff reviewed and Offered comments on the quarterly reports, work
plans, revised work plans, and proposed work plans associated with the Multi-Media Grant
Program.
10
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
OCEPP staff, in coordination with EERC OSCs and TAT contract staff conducted three First
Responders-Awamess Level training sessions that focused on tribal needs. The White Earth
Reservation, Upper and Lower Sioux Reservations, and Bad River Reservation hosted the training
programs. Over the year, 86 students from 12 different reservations attended the training. Also
attending were representatives from BIA, Wisconsin Conservation Corps, and County emergency
planners, among others.
OCEPP also gave Title m orientation at the Multi-Media Staff training and gave a presentation on the
Federal Response System for tribal conservation officers. A similar program was provided to the
Grand Portage Reservation and the Mille Lacs Reservation.
A Tribal/State/Local/Federal emergency planning work group has been established in Minnesota.
Quarterly meetings are held in Grand Rapids, Minnesota, to address tribal all-hazard planning needs.
OCEPP staff participated in two of the meetings.
The Region 5 Air Division has supported the multi-media program with a contribution of $200,000.
Technical assistance was given to the Midwest Universities Radon Consortium in their development
of a national Indoor Air Quality training program aimed toward tribal health personnel. This
program will be test-piloted with the Great Lakes Tribes. Region 5 assisted the Office of Air in the
preparation of an Indian Air Rulemaking conference.
Through an Interagency Agreement with the United States Geological Survey, Region 5 is funding a
study designed to determine (1) the range of radon levels in aquifers beneath Wisconsin Indian
reservations and (2) the correlation between ground water and indoor air radon levels.
During FY93, Region 5 continued to administer "Indian Radon Pilot Project" grants to Great Lakes
Inter-Tribal Council for radon public information, problem assessment, and problem mitigation.
Region 5 tribes were invited to participate in the Lake Superior Bi-national program.
FY1993 was the third year of multi-media activity in Region 5. The Region now has multi-media
environmental programs established for all 29 reservations. This has been made possible by
coupling funding from the Congressional appropriation ($599,050) with the Region's own
reprogramming efforts ($510,000). One grant is beginning its fourth year of activity. Eight are now
beginning their third year. In FY 93, the Tribes have dramatically improved their capability to direct
and address their own environmental priorities.
As Lead Region for FY 93, Region 5 provided quarterly reports to Headquarters on Regional Indian
activities, served as focal point for Regional comments on TAS requirements, and the Indian Air
regulations. Region 5 also coordinated Regional input in the form of issue papers in Water, Waste,
and Air. These papers are meant to raise ongoing concerns relative to implementation and funding of
those programs.
The Region 5, Indian Environmental Liaison for Wisconsin, has completed a two-month detail to the
Office of Regional Operations/State & Local Relations in Headquarters. He worked on the
establishment of a tribal operations committee as an ongoing institutional mechanism to improve
direct government-to-government contact between tribal officials and the Administrator. He also
worked on the establishment of the tribal capacity task force
1 1
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
On November 20,1992, the 11 Tribes in Wisconsin released 'Tribes at Risk: The Wisconsin Tribes
Comparative Risk Project" jointly with Region 5. This completed the first phase of Region's joint
comparative risk project with the Tribes. Since then, Tribal environmental programs throughout the
Region have worked closely with Region 5 in the second phase, risk communication, to improve the
information on risks and to begin risk-based dialogues with other tribes, State and Federal agencies.
In May 1993, the 4-State Tribal Assembly (Michigan, Minnesota, Iowa, and Wisconsin) conducted
an Environmental Summit. The Tribes used the summit to call all Federal agencies with
environmental programs together in an inter-agency effort for die coordination and implementation of
those programs. Extensive follow-up meetings are occurring under the direction of the Tribal
environnmental programs. These meetings have been developing, in close cooperation with
Regional representatives of the Federal agencies, recommendations and solutions media by media for
environmental problems on reservations. At the request of the Tribes, Region 5 has been closely
involved in these meetings. Tribes are using their improving environmental expertise and
infrastructure to revise priorities.
On August through September 1993, three Region 5 facilitators presented the training module
"Principles of Environmental Assessment" This training was hosted by the Bad River Tribe and
representatives from the Lac du Flambeau, Forest County Potawatomi and Mole Lake attended The
training was based on a module developed by Region 3 for International Activities. It provided a
basic introduction to the environmental assessment process. The Tribal representatives in attendance
were pleased with the materials and sharing of information.
REGION VI
In FY93, Region 6 Superfund awarded $1.6 million to its Indian-lead pre-remedial Superfund
programs through Cooperative Agreements and Support Agency Cooperative Agreements.
Benefiting 55 Region 6 Tribal Governments [Inter-Tribal Environmental Council of Oklahoma
(TTEC); All Indian Pueblo Council of NM; and the Navajo Nation], this funding was utilized for the
development and administration of the Indian-lead programs as well as die submittal of high-quality
site investigation reports. In addition, the Region's and ITECs FY93 goal of adding 2 Tribal
Governments to the Consortium was exceeded by 10, bringing ITEC membership to 32 Oklahoma
Tribes.
Wall Colmonoy Corporation is a small quantity generator located on the Isleta Pueblo Indian
Reservation in New Mexico. The Pueblo Office of Environmental Protection approached EPA
and identified this site as a serious local problem. Based on EPA sampling results chromium and
nickel were found in significant concentrations. The Pueblo of Isleta expressed its concern
with the initial sampling results and stated that it would take the lead in the removal action. EPA
agreed with the Pueblo and provided technical, legal, and enforcement support. As a result of this
assistance an agreement between the facility and the Pueblo was signed on April 15,1993, for the
facility to conduct the removal. The time-critical removal action was initiated by the Wall Colmonoy
Corporation on April 19,1993.
The Solid Waste Section, in conjunction with Headquarters conducted a 2-day seminar on the Part
258 Landfill Regulations and the effect of these regulations on Tribal governments. One session was
in Oklahoma City and was attended by approximately 50 Tribal representatives. The second session
was in Albuquerque where approximately 120 Tribal representatives attended.
12
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONALACHffiVEMENTS
The RCRA Permits Branch typically receives a couple of inquiries each year on the requirements to
start a hazardous waste treatment/storage/disposal facility on Indian lands. Usually after discussing
the technical and legal requirements, financial backing needed, and role of the State agency (even
though they will be receiving their permit from EPA, the State still has requirements that must be met
off the Indian land), the applicant does not follow through with their application.
Provided and advised on substance content and procedural adequacy of Pueblo water quality
standard adoption, resulting in first approval in the Region of a tribe's Water Quality Standard.
Gave extensive advice and legal aid to a tribe, resulting in adoption by the tribe of a comprehensive
(all media) environmental code.
Region 6 established an underground storage tank program for a consortium.
Region 6 has the largest concentration of Native American population of any Region (37 percent of
the Nation's total). The Region has within its boundaries 68 Federally-recognized sovereign tribal
governments whose combined jurisdictions extend over 40 percent of all Indian land in the United
States. The extent and diversity of this presence has led the Region to actively encourage and assist
in the development of tribal environmental consortia which have positively impacted the use of
extremely limited resources. This approach is seen as contributing to: (1) The development of a
more equitable system for UST program implementation on Indian lands; (2) contributing to the
development of effective working relationships with tribal governments as primary parties for setting
standards, making environmental policy decisions and, where legal and appropriate, managing
environmental programs for consortium participants. This activity, begun in 1992, has continued
into FY93 with the establishment, and support of an additional, state-wide tribal consortium serving
31 sovereign tribes in the State of Oklahoma. A total of 51 tribal governments are now involved in 2
Regional consortia. EPA support has included to provision of a Senior Environmental Employee
(SEE) to serve as an initial on-site contact for tribal governments in all Underground Storage Tank
matters. A major accomplishment in FY93 was the completion of a total inventory of all tanks on
New Mexico Indian lands, as well as the drafting of Underground Storage Tank Regulations for
consideration of all member governments.
This year the Underground Injection Control Direct Implementation Program on Indian lands
presented its second annual Environmental Excellence Awards Ceremony. The ceremony was held
on Osage Tribal land; the two 1993 winners were Beckham and Butler Production Company and
Hyperion Energy L.P.
May 1993, the U1C-DI Regional and Field Office Staff conducted an Operator Seminar for Other
Indian Lands in Oklahoma City, Oklahoma. The Seminar was designed to inform operators of Class
n and V injection well regulations and requirements.
August 1993, the UIC-DI Section conducted a series of Class V outreach workshops. These
workshops were targeted for Tribes within the State of New Mexico. The Eight Northern Pueblo,
the Jicanlla Apache and the Southern Pueblo tribes participated in the workshops. Field activities
were also conducted for the purpose of identifying any possible Class V wells.
During FY93 the Public Water Supply Program has worked with the Apache and Pueblos in New
Mexico to begin implementation of the Lead/Copper Rule. The monitoring protocol required by the
Lead/Copper Rule is much more proscriptive than other Drinking Water samples; therefore, Tribal
Water Operators need extra assistance in correctly obtaining these samples.
13
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
During FY93, the Region 6 Water Management Division's Permit Branch developed an
implementation plan to use when applying the Pueblo of Isleta Water Quality Standards in NPDES
permits. The Region anticipates using the Isleta1 s implementation plan as a model for developing
implementation plans for other tribal water quality standards as they are approved by EPA.
Region 6 Office of Ground Water and the Ground Water Protection Division, in a cooperative effort,
developed a wellhead protection program for the Zuni Tribe, Zuni, New Mexico. Region 6
employees and a representative from Headquarters presented a two day wellhead protection training
seminar to die Tribal Counsel and members of the Tribes water department The training advised die
Tribe in the components of a wellhead protection program and prepared them to participate in a
contaminant source inventory conducted die following day. The Zuni case study was presented at
die National Wellhead and Aquifer Protection Seminar in Coeur 'd Alene, Idaho in March.
Three Tribes in Region 6 were approved this year to administer the Water Quality Standards
Program. This Pueblo of Isleta, die Pueblo of Sandia and die Pueblo of San Juan are now eligible to
develop, review and revise WQS for all surface waters within dieir reservations.
Region 6 has held several Water Quality Standards workshops in New Mexico. Eighteen of die
twenty-one Pueblo and Apache Tribes in New Mexico have participated in one or both of die
workshops. The first workshop was held in October 1992 at which Region 6 gave an overview of
the water quality standards program and die NPDES permitting program. Other topics included
implementation of die Endangered Species Act in die water quality standards program and legal
issues regarding die treatment as a State process. Representatives from die Pueblo of Isleta and die
Pueblo of Sandia gave dieir views on die water quality standards process. Technical meetings were
also held in February 1993 with die Indian tribes in New Mexico to discuss die technical basis of the
development of water quality criteria. Representatives from thirteen Tribes and several agencies
including die All Indian Pueblo Council, die Eight Northern Indian Pueblos Council, die Bureau of
Indian Affairs and Northern New Mexico Community College participated.
REGION YD
Region 7 entered into five new Multi-media Assistance Agreements during FY93 with the
Winnebago Tribe of Nebraska, Sac & Fox Tribe of die Mississippi in Iowa, Kickapoo Tribe of
Kansas, Santee Sioux Tribe of Nebraska and die Potawatomi Tribe of Kansas. Also during FY 93
progress was made towards forming a consortium between the States and Tribes for the 1994
General Assistance Agreements. By finalizing die consortium agreements all of die recognized
Tribes with land holdings in Region 7 would be part of die Multi-media/General Assistance program.
Region 7 media specific programs have also been very active during FY 93. Pesticide Certification
and Enforcement grants with die Winnebago, Santee Sioux and Omaha Tribes have been established
and continue to make progress. Water Quality Planning and Management grants with die Kickapoo,
Winnebago and Omaho Tribes have been established, as well as, a Ground Water Monitoring grant
with die Winnebago Tribe. Region 7 has also entered into two new Wetland Protection grants with
die Santee Sioux and Kickapoo Tribes.
14
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONALACfflEVEMENTS
Region 8's Office of Water (SWDAA/PWSS) co-chaired with Region 9 the newly organized
National PWS-DI Indian Network which met to begin work on implementation and enforcement
guidance and coordinate training and other activities. A grant with the Native American Water
Association developed a training program to target problemmatic water utilities and produce complete
utility assessments. Region 8 worked with the Tribes and the States of North Dakota and South
Dakota on tribal jurisdictional issues. Standing Rock Sioux submitted a draft SDWA ordinance.
The Office of Water's Montana Office has intensified EPA efforts on all seven Montana Indian
Reservations. The number of grants under the Clean Water Act has increased from two in 1991 to
eleven in 1993. The Montana Office has taken the lead within EPA on four tribal applications for
treatment as a state under the Clean Water Act
The Office of Water's Ground Water Programs worked with the Oglala Sioux Tribe on the Pine
Ridge Reservation and conducted a Wellhead Protection (SHP) Program Demonstration. The Tribal
Water Resources Department (WRD) continued development of the Program through July 1993.
Work completed includes: delineation of wellhead protection areas (WHPAs) for all public water
supply wells, development of a community profile (which includes identification of potential sources
of ground water contamination) for all towns, and drafting of a WHP code to provide protection of
WHPAs. The code will be finalized and put before the Tribal Council.
The Office of Air, Radiation and Toxic Substances: EPA Region 8 funds five separate Tribal
Pesticide Enforcement Programs. Cheyenne River Sioux Program stands out as particularly active
and effective. The program has routinely met or exceeded work output projections. The program is
also involved in forming programs in Pesticides in Ground Water, Endangered Species and Pesticide
Worker Protection.
Office of Air, Radiation and Toxics - Air Programs: EPA/Tribal Annual Conference held in Denver.
The conference included representatives from Northern Arizona University's Native American
Program to discuss the draft CAA regulation, promoted partnerships between NAU and Institute for
Tribal Environmental Professionals (ITEP). Nine tribal air programs were represented. Region 8
Air Program provided contractor support to tribes in emission inventory training and development
Tribes in Region 8 are currently completing emission inventories of their reservations to help
themselves and EPA in future planning and in identifying potential problem areas.
Office of Solid Waste and Emergency Response - Hazardous Waste Branch: Branch participated in
the Turtle Mountain Manufacturing Co., Multi-media inspection. Branch responded to a RCRA
citizen's complaint concerning alleged contamination of a private water well and the Turtle Mountain
landfill.
Office of Policy and Management - Grants Management Provided grants management training to
tribal administrative and technical staff; conducted a Management Assistance program review at
Rosebud Sioux Tribe, South Dakota; participated in an outreach effort to retain tribal participation in
training provided by National Association of Minority Contractors; managed grant activity for nine
EPA programs; administered awards to 19 tribes.
15
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
Office of Policy and Management - Policy Office: Successfully included a tribal component in three
pollution prevention incentives for state grants awarded to CO, UT and MT; participated in
development of a pollution prevention project with Devils Lake Sioux Tribe.
REGION IX
Region 9 completed the Inter Tribal Council of Arizona training course given to Tribal
representatives to participate in the Radon Measurement Proficiency Program.
Region 9 provided contractor support for a hazards, vulnerability and risk analyses of the Navajo
Nation, including transportation cooridors and a worst case scenario. This will be a supplement to
the Regional Response Team (RRT) area plan. Copy will be given to Navajo Emergency
Management Department (NEMD) to be incorporated into the Navajo Chemical Emergency Plan,
when developed.
Region 9 initiated contractor support for a hazards, vulnerability, risk analyses including
transportation and worst case scenario of the Hopi Reservation. This will be an adjunct to the
Navajo Nation hazards analysis. A copy will be given to the Hopi Nation to be incorporated into
their Chemical Emergency Plan, when developed.
Region 9's Solid Waste Section conducted two solid waste workshops for the Region's Tribes and
federal agencies, one also in Redding, CA and the other one was in San Diego, California. Over 150
tribal and federal agency representatives attended the two workshops. Solid waste management
experiences were shared by a panel of tribal representatives and a panel of federal representatives.
Information regarding EPA's solid waste and hazardous waste regulations was also presented.
Workshop evaluations were very positive.
Region 9's Solid Waste Section initiated a Solid Waste Workgroup with other Region 9 federal
agencies (IHS, BIA) and tribal coalitions (TTCA, ITCN) to discuss federal solid waste management
efforts and cooperation on Indian lands. The first meeting of the workgroup was held in Phoenix,
Arizona in September. We hope the workgroup will continue to be a useful forum for sharing
information and coordinating federal efforts on solid waste management on Indian lands.
The Solid Waste Section provided solid waste technical assistance to many tribes and federal
agencies in Region 9. Assistance focused on 7 tribal recipients of multi-media grants incorporating
solid waste management, the Inter-Tribal Council of Arizona (and the 8 tribes receiving funding
under the $1.5 million ITCA solid waste multi-media grant), the Inter-Tribal Council of Nevada, and
the Region 9 tribes with commercial landfills.
In August 1993, the Inter-Tribal Council of Arizona (ITCA) hosted a training session on ground
water protection.
A TSCA asbestos AHERA cooperative agreement for FY93 was awarded to the Navajo Community
College (NCC) to assist NCC in becoming an accredited AHERA training course provider. AHERA
training courses will be integrated into a two-year Environmental Science degree program developed
and adopted at NCC.
16
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
REGION X
The Ketchikan Pulp Corporation who operates the hemlock sawmill on the Reservation were found
to be in violation of the PSD air permit requirements. The company shut down the offensive unit
and plans to install a wood-waste boiler to reduce the sawdust piles. The tribe was informed of the
enforcement action which will result in a considerable reduction in emissions to the airshed.
TheCpeur D'Alene Tribe was awarded $12,000 during the last quarter of FY93 to begin developing
a FIFRA pesticide enforcement program.
Region 10 hired an Enforcement Manager to began reviewing existing state, tribal and EPA
programs.
The Region 10 Puyallup Tribe Land Settlement Team has shown outstanding leadership in strategic
implementation of one of the most important components of the federal Puyallup Tribe of Indians
Land Claims Settlement Act of 1989 (25 U..S.C. 1773). The Settlement Act required die expedited
cleanup and transfer of 216 acres of industrial property from the Port of Tacoma, Washington, to the
United States to be held in trust for the Puyallup Tribe of Indians. Region 10's creative
contributions led to response actions that achieved the goals of the Land Settlement, received the full
support of local, state, and federal agencies, and met the economic development needs of the Tribe.
In the process of investigating and cleaning up die properties, the Team helped to effectuate EPA's
National Indian Policy by working with the Tribe on a govemment-to-government basis, and by
providing technical and financial assistance that helped the Tribe to build its capacity to regulate the
reservation environment
Region's 10 Water Quality Certifications for projects on reservations included coordination with the
Colville Tribe on boat ramp construction along Lake Roosevelt in areas with possible sediment
contamination (sediment characterization required). The Water Quality Certification for the marina
project on the Makah reservation included reuse of 190 pontoon..
Provided coordination through the PSDDA program with the Lummi Tribe on use of the Bellingham
Bay open-water dredged material disposal site.
For four consecutive years, Region 10 co-sponsored with the Portland Area Indian Health Service
(IHS) a multi-faceted training program for tribal water operators and tribal water program managers.
The workshops conducted were: EPA's PWSS, UIC and WHP Programs for both tribal water
operators and tribal water program managers; circuit riders provided technical assistance on site to
tribal water operators and educate tribal staff regarding EPA's new drinking water regulations, in
addition to assisting the apprentice program. The program has been particularly productive and well-
received by the participating tribes.
Region 10 assisted the tribes to comply with requirements of EPA's Phase n Rule (PWSS) and
provided the requisite information to make informed determinations on waiver applications. Region
10 developed a work assignment and, with the assistance of an EPA contractor developed an
analytical model and is in the process of doing a vulnerability assessment of each EPA-regulated
tribal drinking water system in Region 10 for Phase n contaminants. The goal is to permit EPA to
make waiver decisions, as well as to help the tribes to develop their own wellhead protection
programs.
17
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
Region 10 continues to inspect and sample underground injection wells (UIC) on Indian lands that
have been identified as potentially threatening ground water quality as funding allows. Enforcement
actions follow as warranted. In FY93 five injection wells are to be inspected and sampled on the
Yakima Indian Reservation at the request and cooperation with the Yakima Indian Nation
Environmental Protection Program.
Region 10's Air Programs Branch, Environmental Services Division and the Office of Regional
Counsel assisted the Shoshone-Bannock Tribe to develop a Tribal Implementation Plan (TIP) for die
portions of the Bannock-Power PM-10 Non-Attainment Area (NAA) that lies within the exterior
boundaries of the reservation. The Shoshone-Bannock tribe participated jointly with IDEQ and EPA
to develop a comprehensive plan to address die problem and develop strategies designed to bring the
area within die PM-10 standard. Development of the plan has been a successful collaborative effort
between tribal, state IDEQ and EPA staffs. Region 10 EPA also assisted the Shosone-Bannock
Tribe in providing technical and legal assistance in the rules development process of the Clean Air
Act
Coeur D'Alene Basin Project: The Coeur D'Alene Restoration Project is a model of how Region
10's Strategic Plan can be implemented. The geographic initiative addresses all of the five strategic
directions. Region 10 is approaching the area's needs with a geographic/multi-media outlook. The
program covers the entire river basin, including the lakes and streams of the St. Joe, St. Maries,
Spokane and Coeur D'Alene Rivers. A holistic, integrated solution is sought to address all the area's
problems, from dangerous levels of poisonous metals, to eutrophication of waterways, soil erosion
and fish and wildlife habitat loss.
Outreach and Education is used to expand environmental knowledge and sensitivity of internal and
external EPA customers. Internally, both the Hazardous Waste and the Water divisions are sharing
tasks and information. Externally, the agency is coordinating efforts with the Idaho Department of
Environmental Quality, the Coeur D'Alene tribe, industries, and a Citizens Advisory Committee.
Every effort is made to involve the public, with information presentation and Pollution Prevention
Programs. Although most of the pollution in the area is historical, fanners are being taught methods
of erosion reduction, and boating associations are stressing environmentally friendly boating. A
significant difference in the way this project is handled from past efforts is the emphasis on
"Compliance and Rethinking the Environment Mix." Instead of approaching violations separately,
they are trying to promote voluntary compliance, Region 10 is promoting voluntary compliance and
reaching beyond traditional EPA methods and boundaries, to involve all stakeholder early in the
initial planning effort Each responsible party is encouraged to develop investigations and solutions
that work for them, meet the goals of the project and comply with the current regulations. The
Region provides technical support to other federal agencies and to the tribes. In addition, provide
oversight and assistance, and grant money for demonstration projects and other cleanup programs.
The outreach program has been promoting the solid waste planning process by outlining the process
and comparing this with the actual solid waste practices in current use on the reservations.
The tribal staff people have been made aware of the benefits of becoming involved with the Solid
Waste Network. The tribes have been given copies of the "Guide to Initiating Solid Waste Planning
on Indian Lands."
18
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
As the Subtitle D, Parts 257 and 258, education process began it soon became evident that virtually
all of these reservations had a problem with widespread illegal dumping. Most reservation staff
people expressed frustration with their efforts to effectively regulate illegal dumping. The problem
was discussed with tribal staff people, and several tribes expressed a desire to have a generic model
from which to pattern their new or revised solid waste ordinances. All of this resulted in the
execution of a contract for the preparation of a Model Solid Waste Ordinance.
The Skokomish tribe recently initiated a rather creative recycling and composting program on their
reservation. The Solid Waste Tribal Outreach Program has at least been one of the influential
elements which have helped midwife the birth of this program.
Because of the often remote rural locations, unwanted refrigerators, freezers, and air conditioning
units are frequently discarded on Indian reservations. Recovery of the fireon from these appliances is
so difficult that it is often not done. The outreach program has researched practical technologies for
freon reclamation and is making this information available to tribes.
Participating on a panel to discuss the "Used Oil Management Standards" and used oil tribal concerns
at the Environmental Tribal Conference, September 1993.
Region 10 Water Quality Standards (WQS) program has been actively engaged in providing technical
assistance to tribes in developing WQS for reservation waters. Many tribes were able to participate
in the two sessions of the WQS Academy that were held in Seattle during FY93. Region 10 have
worked with the Northwest Indian Fisheries Commission to provide technical guidance to
Washington tribes and have worked individually with nine tribes in Washington and Idaho currently
drafting standards. Two applicants for Treatment-as-a-State for WQS and 401 Water Quality
Certification programs were received and are undergoing review.
Region 10 secured $20,000 in funding from the Fish Contamination Section of the Office of Science
and Technology and issued a grant to the Tulalip Tribe to study tribal fish consumption rates and
patterns. A survey is being developed to assess the fish consumption rates and patterns for two
Puget Sounds tribes: the Tulalip Tribe in central Puget Sound, and the Squaxin Island Tribe in
southern Puget Sound. The approach being developed for the study, as well as the study results,
will be of value to other tribes in the Northwest Academic experts and staff from the Washington
Ecology and Health Departments and Indian Health Service are members with EPA's Technical
Advisory Panel to guide the study design and assure the quality of the results.
The Chugachmiut organization, representing the Prince William Sound Region Native Villages of
Alaska, will develop a household hazardous waste program. This program will train two residents
in each of four villages in the identification and collection of household hazardous wastes. Each
village will also construct a holding area for the wastes until they can be transported via boat to their
final destination. Chugachmiut will also develop a plan to transport wastes in the most cost effective
way and to observe all appropriate regulations.
The Akiachak Native Village has been awarded a Solid Waste Program competitive grant to translate
the Trash Management Guide into Yupik. The guide deals with all aspects of solid waste
management planning as it pertains to Native Villages. There are over 80 villages in western Alaska
with Yupik-speaking peoples.
19
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
REGIONAL ACHIEVEMENTS
The Solid Waste Network (SWN) is a multi-agency technical assistance team coordinated by EPA
Region 10. Team members include the Bureau of Indian Affairs, Indian Health Service, Department
of Housing and Urban Development and EPA. The Nework offers Tribes technical assistance with
the challenging solid waste issues they face on their lands. In May 1993, Region 10's Regional
Administrator presented the Confederated Tribes of the U matilla Indian Reservation with a certificate
of appreciation for their contribution as a demonstration project for the Network. The Umatillas
worked in concert with SWN team members to develop a reservation-wide solid waste plan which
analyzed various landfill alternatives according to priorities set by the Umatilla Tribal Council. The
Network has begun work with the Spokane and Makah Indian Tribes.
On September 13-15,1993, Region 10 hosted an EPA Environmental Conference for Indian Tribes
at the Tulalip Inn, Tulalip Indian Reservation. The purpose of the conference was to open dialogue
between tribal and EPA technical staff across areas of mutual concern. Topics discussed were:
water, air, watershed management, solid waste and used/waste oil issues to regional planning,
effective grant writing and management and opportunities within the EPA Office of Small and
Disadvantaged Business Utilization.
The Confederated Tribes of Warms Springs and Confederated Tribes of Umatilla are pursuing TAS.
20
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY1993
REC
ION
1
2
4
5
ซ
7
8
ป
It
HO,
TOT
OAR
Exp.
0.0
60.0
22.3
42.8
0.0
0.0
719.0
103.0
290.5
438.0
1675.6
WY
0.0
0.4
0.2
1.8
0.0
0.0
2.3
0.8
0.7
5.2
11.4
CWA
Exp.
165.8
163.2
477.6
2231.2
1109.6
55.0
1894.1
1394.0
7964.0
0.0
15454.5
WY
0.9
0.7
1.1
4.4
Z5
0.3
4.5
2.0
6.6
2.3
25.3
SDWA-
UIC
Exp.
0.0
0.0
0.0
0.0
212.6
40.0
14.0
250.0
0.0
0.0
516.0
wr
0.3
0.6
0.0
0.0
21.0
1.1
0.1
1.0
0.0
0.0
24.1
SDWA-
PWSS
Exp.
0.0
8.0
0.0
0.0
43.5
13.1
156.0
478.8
150.0
150.0
999.4
wr
0.3
0.1
2.0
0.0
2.3
0.9
2.6
7.5
0.4
0.9
17.0
SDWA-
GWP
Err
0.0
0.0
0.0
0.0
0.0
0.0
35.6
3.0
0.0
0.0
38.6
WY
0.1
0.0
0.0
0.0
0.5
0.1
0.0
0.0
0.50
0.0
1.2
OPPTS
Exp.
0.0
0.0
0.0
63.0
0.0
4.5
233.3
450.8
199.3
7.0
957.9
WY
0.1
0.0
0.0
0.7
0.00
0.5
0.7
1.3
1.3
0.1
4.7
RCRA
Exp.
50.0
0.0
106.3
122.7
323.6
31.1
220.0
171.6
327.5
901.0
2253.8
WY
0.1
0.5
1.3
1.0
4.0
1.50
0.6
3.2
5.0
2.1
19.3
CERCLA
SARA
TITLE HI
Exp.
0.0
151.1
0.0
37.5
1606J
0.0
"45.5
75.0
53.0
102.5
2070.9
WY
0.1
0.7
0.0
0.4
1.5
0.0
0.0
0.5
1.17
3.2
7.6
OB
Exp.
0.0
0.0
0.0
0.0
0.0
0.0
0.0
2.3
0.0
95.0
97.3
WY
0.0
0.0
0.3
5.6
1.0
1.1
0.0
5.3
0.7
0.5
14.5
MULTI-
MEDIA
Exp.
250.0
304.5
258.7
1099.1
565.0
235.0
560.0
1581.8
3081.8
0.0
7935.9
WY
0.0
0.2
0.1
0.1
0.0
0.2
4.3
0.2
0.4
0.0
5.5
OPPB
Exp.
0.0
0.0
0.0
0.0
0.0
0.0
0.0
2.6
204.3
110.3
317.2
WY
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.9
0.0
0.5
1.4
OGC/ORC
Exp.
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
WY
0.0
0.1
0.2
2.0
0.6
0.1
1.0
4.4
0.0
0.0
8.4
OPA
ฃ9.
0.0
0.0
.0.0
0.0
0.0
30.0
0.0
0.0
5.0
207.0
242.0
WY
0.0
0.1
0.0
0.0
0.0
4.3
0.0
0.0
0.1
0.3
4.8
NON -
CATECORICA
Exp.
0.0
9.9
0.0
0.0
0.0
0.0
0.0
0.0
159.2
0.0
169.1
WY
0.0
0.1
0.0
0.2
0.0
0.0
0.0
0.0
0.0
0.0
0.3
TOTALS
Exp.
465.8
696.7
864.9
3596.3
3860.6
408.7
3877.5
45119
12434.6
2010.8
32728.8
WY
2.0
3.3
5.2
16.2
33.4
10.1
16.1
27.1
16.9
15.1
U5.5
WY ป Workyen (Rounded to the num 0.10)
Eq>. Expenditure* ($1.000. Rounded to (he nenot $100.)
21
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
Graphs - Funding
22
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
Graphs Workyears
23
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
THE OFFICE OF AIR AND RADIATION
The Clean Air Act authorizes a nationwide program of planning, regulation, enforcement and
research for the control of air polllution. EPA is responsible for setting national standards and
emission limits, conducting research to strengthen the scientific basis for pollution control, and
providing technical and financial support to state, tribal and local air pollution control agencies.
These agencies have the primacy responsibility for die control and prevention of air pollution.
The EPA strategy to meet the requirements of the Clean Air Act in the 1990s focuses on five major
program goals. They are:
* Reduce the risk of exposure to air toxics.
* Achieve National Ambient Air Quality Standards.
* Develop and support programs that maintain improvements in air quality.
* Determine the policy alternatives and strategy options available to address emergining
issues.
* Increase the capacity and improve the effectiveness of state, tribal and local air quality
agencies.
The national mandate to protect public health and the environment from the adverse effects of
radiation is derived from the Clean Air Act, as well as from several other statutes. In addition, there
are two major program objectives under the radiation program. They are:
* Reduce the risk of exposure to unhealthful levels of radiation.
* Maintain comprehensive surveillance and effective emergency response capabilities.
24
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF AIR AND RADIATION
AIR PROGRAMS
OFFICE
EXP.
(Sl.OOO)
WORK
YEARS TYPE
DESCRIPTION
Region 2
Region 4
RegiohS
Regions
$50.0
$22.3
$16.6
$26.2
$470.0
$35.0
0.25
0.1
0.75
0.10
0.10
0.05
0.60
0.05
0.05
0.03
0.03
0.03
0.025
0.025
.35
.05
.75
.05
.10
F/A
T/A
T/A
F/A
T/A
Outreach
T/A
D/I
F/A
F/A
F/A
F/A
T/A
T/A
T/A
T/A
CAA Section 105 giant for air quality monitoring (conditional)
approval pending) for SL Regis Mohawk Tribe (SRMT);
administered SRMTs FY92 105 grants.
Section 105 funds were transferred into multi-media grants to
encourage tribes to develop air regulations.
Technical assistance and guidance to the Region 5 Indian
Program Coordinator for air-giant related issues.
Assisted Bad River Band in their preparation for Class I Pm 10
Redesignation.
Assisted Grant Portage Reservation in preparing Indoor Air
Quality grant IAQ and Environmental Tobacco Smoke
educational materials will be developed and disseminated.
Worked with NAU to coordinate CAA Indian Air Rulemaking
Conference in Chicago.
Provided information to tribes regarding EPA Air programs,
including reservation visits.
Assisted Midwest Universities Radon Consortium with
development of national Indoor Air training.
Interagency agreement with U.S. Geological Survey for study of
"Radon Concentrations in Groundwater in the Vicinity of
Wisconsin Indian Reservations."
"Indian Radon Pilot Project" (IRPP) grant to Great Lakes Inter-
Tribal Council (Tear 2)
Continued administration of the Indian Radon Pilot Project
grant to Great Lakes Inter-Tribal Council. (Year 3)
Reprogrammed Radon funds into multi-media account
Reviewed and provided input to multi-media progress reports,
work plans and Regional Workgroup efforts.
SO2 Air Monitoring QAPP to the Lac Du Flambeau Chippewa
Tribe.
Conducted CAA Negative Pressure Assessment QAPP for
Minnesota Inter-Tribal Council..
Provided grants to nine tribes to perform ambient air
monitoring, to complete emissions inventories, air quality
climatology, and developed air codes and regulations for each
reservation.
Acted as sub-lead region for the development of the CAA Indian
Rule. Included conference caDs, meetings, and development of
draft materials.
Worked closely with tribes in their development of air quality
programs. Monitored progress and implemented new program
method to assess present and future air quality needs, and
program improvements.
Managed LOE contract to assist/train four tribal programs in the
development of emissions inventories.
Managed contract to provide technical assistance to Montana
tribes in monitoring activities.
25
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF AIR AND RADIATION
AIR PROGRAMS
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
RegionS
Region 9
Region 10
HQ
$42.0
$35.0
$26.0
$75.0
$30.0
$28.5
$157.0
$428.0
$10.0
.03
.4
.15
.12
0.1
0.10
0.10
0.10
.4
.1
.20
.01
.02
3.5
0.2
0.2
0.3
0.8
T/A
T/A
F/A
D/I
D/I
D/I
F/A
F/A
F/A
D/I
F/A
F/A
F/A
T/A
T/A
Outreach
T/A
F/A
T/A
T/A
Reviewed multi-media grant applications and workplans for
tribal programs and recommended air activities for initial air
programs development
Provided technical support to tribes in monitoring related
activities. Visited monitoring sites and performed assessments
and site audits. Assisted tribes in submitting data to AIRS.
Supplemental award to the Navajo Nation to continue with the
requirements of the FY 92 grant for the period 6/30/93 to
9/30/93.
PSD Applicability Determination for La Posta Recycling
Center.
NSR Nonattainment Permit. Campo landfill.
Navajo FIPs at Four Comers Power Plant and Navajo
Generating Station, both program and ORC involvement
Radon grant to Inter Tribal Council of Arizona to provide radon
education and testing for Arizona Tribes.
Radon grant to Hopi Tribe to assess radon levels on reservation.
Radon grant to Navajo Nation to provide radon outreach and
mitigation training to tribal representatives.
Preparation of Tribal Air Quality Implementation Plan for the
Shoshone-Bannock.
Continued funding of an Air Quality inspection for the
Puyallup Tribe.
Awarded Sec. 306 grant to the Nez Perce Tribe for Radon
Abatement mitigation.
Awarded Shoshone-Bannock Tribe grant funds to support air
program to develop Tribal Air Regulations. Grantee is in PM-
10 non-attainment area.
Provided oversight for Puyallup Tribe air program grant
Attended public bearing for tribal air quality program
regulations.
Presented paper on tribal issues panel at PNWIS/AWMA annual
conference (also designed inference logo). Organized
tribal/local air quality issues panel for EPA Tribal
Environmental Conference.
Core Indian Air Rule Workgroup held 5 Tribal outreach
meetings and drafted air rule.
OAR held Regional competition and awarded eight grants to
Tribes for risk-based AQ assessment grants.
OAR Acting Assistant Administrator and President of Northern
Arizona University sign Memorandum of Understanding.
OAR Cooperative Agreement with Northern Arizona University
for development of an Indian Training Program and Outreach.
OAR supported two graduate students on Grand Canyon
visibility and feasibility study of Geographic Information
systems (GIS) for Tribal Air programs.
26
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF AIR AND RADIATION
RADIATION PROGRAMS
EXP.
OFFICE (SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 4
Regions
Region 8
HQ
$10.0
$31.0
$14.0
$24.0
$37.0
$43.0
$47.0
$18.0
*
0.20
0.1
0.03
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.2
F/A
T/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Continued to provide administrative support to the Penobscot
Nation (Old Town, ME) and the Passamaguoddy Nation
(Princeton, ME). The Penobscot nation continues to take a lead
in outreach, testing, and mitigation.
While no additional funds have been awarded (original funding
was as follows: Passamaquoddy Nation of Perry, ME. FY90:
Penobscot Nation. FY91: Passamaquoddy Nation of Old Town,
ME. ) The Region has worked with HQs to encourage future
applications for giant funds from the aforementioned Nations.
Awarded Seneca Nation of Indians (SNI) Radon Pilot Project for
training. Administered SNI's FY92 Radon grant for
mitigation.
Answered inquiries and reviewed potential projects.
Reprogrammed Radon funds to 22 tribes into multi-media
account Reviewed and provided input to multi-media progress
reports, work plans and Regional Workgroup efforts.
Provided testing for radon in homes, schools, public buildings
and davcare centers for the Blackfeet Tribe.
Provided radon testing and outreach mitigation of demonstration
homes in low income households for Southern Ute.
Three Affiliated - outreach, testing, survey and map production.
Rosebud Sioux - outreach for radon testing and mitigation
training.
Crow Creek Sioux - training, outreach mitigation of
demonstration homes for radon.
Cheyenne River Sioux - Conduct surveys, analysis, testing and
outreach.
Chippewa Cree - testing, training, outreach data base collection
and analysis.
ORI in consultation with Regions made 12 separate grants for
Radon assessment and mitigation to seven tribes, (listed above)
* The distribution of the Radon grants is displayed in Regional reports.
27
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
THE OFFICE OF WATER
The Office of Water is the national leader in water quality, drinking water and aquatic resource
protection. The Office defines the goals and standards for what needs to be done to restore, protect
and enhance the quality of water and wetlands. It ensures development and implementation of a
system for measuring progress, fosters a public conservation and protection ethic, and obtains
support for other institutions of government to achieve these goals and standards.
The Office continues to administer its programs and promulgate regulations in a way which enables
Tribes to take a leadership role in their own environmental management In most cases, this leads to
Tribes determining for themselves whether or not to seek federal authorization of tribal water
programs. The Office of Water strives to provide Tribes with the opportunity to make this choice.
This basic statutory authorities for the Office of Water include the Clean Water Act and the Safe
Drinking Act These authorities require that EPA work together with Tribal, State and local
governments to reduce pollution of surface waters, to prevent contamination of ground water, and to
maintain the purity of drinking water.
The Office of Water fulfills the requirements of the dean Water Act and Safe Drinking Water Act by
creating partnerships with Tribal governments to establish programs in the following areas: nonpoint
source pollution, wetlands protection, clean lakes, wastewater discharge permits, near coastal
waters, water quality standards, public water supply systems, underground injection control
programs, sole source aquifer demonstration, and wellhead protection programs.
To implement EPA's Ground Water Protection Strategy, EPA is working States and Indian Tribes to
develop Comprehensive State Ground Water Protection Programs (CSGWPPs) as well as State
Management Plans (for pesticide use). The goal of EPA's Ground Water Protection Strategy is to
prevent adverse effects to human health and the environment, and to protect the environmental
integrity of the nation's ground water resources. In determining appropriate prevention and
protection strategies, EPA will consider the use and vulnerability of the resources as well as social
and economic values.
28
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
$1.8
$40.0
$18.1
$55.9
$50.0
$4.4
$63.0
$47.4
0.02
0.02
0.02
0.02
.30
.10
.30
.04
.04
0.10
0.10
0.4
F/A
F/A
T7A
F/A
T/A
F/A
T/A
F/A
T/A
T/A
Outreach
T/A
T/A
Outreach
T/A
T/A
F/A
T/A
T/A
F/A
T/A
F/A
104(bX3) award to the Nanagansett Indian Tribe to increase
Tribal expertise in NPDES and sludge management and pollution
prevention.
Provided funding to Nanagansett Tribe under Sec. 106 to perform
surface water quality monitoring ground water quality/quantity
analysis, expanded water quality testing, and data input into CIS
system.
Provided funding to Narragansett Tribe under 104(bX3) to
develop standards for sludge management permitting process,
train staff in pollution control technology, establish
communication/educational program in the areas of legal.
technical, permit reguirements and risk related to NPDES/sludge
management
Provided funding to Passamaquoddy Tribe under 104(bX3) to
evaluate and delineate Tribal wetlands. Data from this project
will provide the basis for the establishment of a Wetlands
Conservation & Protection Plan, as well as Tribal Wetland rule
and regulations.
Provided funding to Penobscot Indian Nation under 104(bX3) to
perform a functional assessment of Tribal wetlands. Wetlands
data will be added to the Tribe's CIS system.
Coordination of NEPA/environmental issues with BIA and
Mashantucket Pequot Tribe related to Foxwoods Casino project
Provided technical assistance, review of consultant work.
coordination with State, enforcement activities coordination with
Corps of Engineers.
Water Management Division provided oversight of CWA 106
grants to Tribes, general guidance on water quality standards,
FERC, Clean Lakes issues.
Provided guidance and technical assistance to Regional Tribes
regarding Sec. 106 and 104(bX3) water quality funding, and other
CWA programs.
Provided guidance and technical assistance to Region 1 Tribes
regarding Sec. 104(bX3) wetlands funding and wetlands program
development
Provided technical assistance to Region 1 Tribes on NPDES
Permit Program and Sludge Management program.
104(bX3) award to the Seneca Nation of Indians to establish an
environmental agency and research treatment in same manner as
State options.
Coordinated review of three Section 401 water quality
certifications for the Seneca Nation of Indians' road repair (bridge
work and replacement of culvert).
CWA Section 104 grant for St Regis Mohawk Tribe's wetlands
conservation plan (pending award).
CWA Section 106 continuing grant funds awarded to the St
Regis Mohawk Tribe for water pollution control program.
29
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 2
Region 4
Region 5
$48.4
$65.0
$61.6
$50.0
$66.245
$70.33
$49.4
$115.0
$47.0
$47.0
$17.0
$14.6
.05
.01
.05
.10
.05
.05
.10
.05
.05
.05
.05
.02
0.2
T/A
F/A
F/A
Outreach
F/A
F/A
F/A
T/A
F/A
T/A
T/A
F/A
T/A
T/A
F/A
F/A
F/A
F/A
T/A
Reviewed proposals received for CWA Section 104 grants.
Provided assistance to Seneca Nation of Indians to prepare an
application for a CWA Section 104 grant for development of
NPDES and sludge management, training, and development
treatment as a State staus (not yet awarded).
Assisted Region 4 in awarding a section 319 grant to the
Cherokee Nation.
104(b)(3) award to the Poarch Band of Creek Indians to develop
a storm water pollution abatement strategy for the Perdido River.
Conducted on-site visit of Eastern Band of Cherokee Indians.
Provided guidance and technical assistance to tribes regarding
Section 106 water quality programs and Section 104(bX3) storm
water/sludge programs.
Provided funding to Eastern Band of Cherokee Indians for sludge
demonstration project.
Awarded Section 106 grants to Poarch Band of Creek Indians,
Miccosukee Indians, Seminole Indians and Eastern Band of
Cherokee Indians.
Provided Wetlands Grant to the Miccosukee Tribe of Florida.
Provided Wetlands Grant to the Mississippi Band of Choctaw
Indians.
Approved Eastern Band of Cherokee Indians NFS Assessment
Report and Management Program and awarded a Section 3 19(h)
grant to implement portion of the Management Program.
Conditionally approved Seminole Tribe of Florida's NPS
Assessment Report and Management Program and in process of
awarding a Section 319(h) grant
Issued two 401 water quality certifications on Miccosukee (FLA)
projects.
Assisted CWA program in approving TAS for the Seminoles for
their development of WQS program.
Awarded grant to Menominee Indian Tribe of Wisconsin for
Water Pollution Control activities.
Awarded grant to Sokagon Chippewa for Water Pollution
Control activities.
Awarded grant to Forest County Potawatomi for Water Pollution
Control activities.
Awarded grant to White Earth Band of Chippewa for Water
Pollution Control activities.
Provided technical assistance and administrative guidance to the
recipients of Water Pollution Control grants. .
30
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
EXP. WORK
OFFICE ($1,000) YEARS TYPE DESCRIPTION
Regions
$52.0
$66.0
$60.0
$60.0
$55.4
$17.5
$46.0
$1,605.0
0.2
0.5
1.0
0.05
0.05
0.1
0.1
0.15
0.15
0.5
0.05
0.5
.05
T7A
F/A
F/A
T/A
F/A
F/A
F/A
T/A
Outreach
T/A
F/A
T/A
F/A
F/A
T/A
T/A
Outreach
T/A
D/I
Provided technical assistance to tribes in NPDES permitting and
compliance, site inspections, and data input into PCS.
Awarded grant to Bad River Band of Chippewa for NPDES
program activities.
Awarded grant to Mille Lacs Band of Chippewa for NPDES
program activities.
Provided technical assistance and administrative guidance to the
recipients of NPDES program grants.
Awarded grant to Mille Lacs Band of Chippewa for Water
Pollution Control activities.
Awarded grant to Red Lake Band of Chippewa for Water
Pollution Control activities.
Awarded grant to Lac Du Flambeau Band of Chippewa for Water
Pollution control activities.
Provided coordination for the Water Division's Indian Program;
served as a liaison between the Tribes and program staff.
Participated in Regional and Division Indian Work Group
activities.
Assisted tribes in the development of TAS application for
Sections 106, 303, 314, and 319; coordinated regional review and
notified tribes.
Awarded grant to Red Lake for Wetland Management activities.
Provided technical assistance and administrative guidance to the
recipients of wetlands grants.
Completed construction of water use efficiency grant for the
retrofit of plumbing fixtures at Menominee and Sault Ste. Marie.
Continued construction activities of 518(c) grants to: White
Earth, Bois Forte, Menominee, and Oneida.
Provided technical assistance to nineteen tribes on planning,
designing, construction and the operation of wastewater facilities
for existing and proposed projects.
Provided technical support to Division Indian Coordinator in
Clean Water and Safe Drinking Water activities.
Participated in Indian Health Service Workshop for utility
operators on water and wastewater issues.
Provided liaison on Tribal projects with other Federal and state
agencies.
Awarded grant to the Nature Conservancy, part of which the
development of a conservation plan for watershed inventory
significant areas, and improve stewardship of wildrice beds on the
Bad River Indian Reservation Ashland, WI.
31
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
RegkmS
$35.0
$100.0
$7.7
$70.0
$49.0
.25
.10
.025
.025
.025
.10
0.025
0.025
0.025
0.025
0.025
0.025
0.025
0.025
0.025
0.025
F/A
F/A
F/A
F/A
F/A
T/A
Awarded grant to Tufts University Fellowship Program, for
Masters Student (Native American) to summarize monitoring
activities in the Great Lakes, including mercury exposure data for
Indian Tribes to determine if monitoring strategies need to be
redirected, and to determine adequacy of fish consumption
adversones.
Awarded in 9/93 to build Great Lakes Basin Tribal Capacity by
identifying areas of opportunity for Tribal involvement in Great
Lakes Programs (LAMPSs, RAP, Five year Strategy). Work
will be completed in FY94. Awarded to the Great Lakes Indian
Fish and Wildlife Commission, Odanah. Wisconsin.
Awarded to Great f -akes Indian Fi$h and WiWlife Commission to
produce a fish preparation and consumption video for use in
Native American Schools highlighting traditional Native
American Environmental values and the hazards of mercury in
fish. (Awarded u;nder Section 6. Environmental Education Act)
Awarded to Fond du Lac Reservation, Cloquet, MN for
characterization of mercury in the sediments of resevoirs on the
St. Louis River, for identifying areas for mitigation. Tribes
harvest fish for consumption from these waters.
Awarded to Fond du Lac Reservation, Cloquet, MN, to perform a
variety of wild rice habitat and restoration activities in the St
Louis River Watershed. Wild rice is important to migratory
waterfowl and to American Indian culture.
Provided staff time as Tribal Liaison to Great Lakes Basin
Tribes. Attended various meetings, answered inquiries by and
about Tribes and tribal issues, tracked American Indian related
activities and issues within the Great Lakes National Program
Office.
Approved a CWA Section 106 grant Quality Assurance Project
Plan (QAPP) to Lac Du Flambeau Chippewa Tribe
Approved a CWA Section 3 14 grant QAPP to Lac Du Flambeau
Chippewa Tribe.
Approved a CWA Section 314 grant QAPP to the Minnesota
Chippewa Tribe.
Approved Section 106 grant QAPP to the Menominee Indian
Tribe.
Approved Section 106 grant to Legend Lake QAPP.
Approved Section 106 grant QAPP to Mole Lake Band
Chippewa Tribe.
Approved CWA Section 106 grant QAPP to Red Lake Band
Chippewa Tribe.
Approved CWA Section 106 grant QAPP to Wisconsin
Winnebago Nation Tribe.
Approved CWA Section 106 grant to Milk Lacs Band Chippewa
Tribe.
Approved CWA Section 106 grant QAPP to MI Inter-Tribal
Council.
32
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 6
\
Region?
$52.5
$70.4
$127.6
$205.5
$600.0
$259.0
$55.0
0.3
0.12
0.25
0.08
0.50
0.9
0.25
0.1
.01
.02
.02
.01
.10
.05
.01
.10
F/A
F/A
F/A
T/A
T/A
F/A
T/A
F/A
T/A
D/I
T/A
T/A
T/A
T/A
T/A
104(bX3) award to Jicarilla Apache for water quality monitoring
data for NPDES permits and NPDES permit survey reservation-
wide.
104(bXc) award to the Cherokee Nation of Oklahoma for
Arkansas River ambient monitoring.
104(bX(3) award to the All Indian Pueblo Council to implement
sludge management, including sludge recycling support.
Developed an implementation plan to translate the Pueblo of
Isleta Water Quality Standards into NPDES permit conditions.
Awarded FY93 CWA Section 104(bXc) NPDES related Indian
Set-Aside grants to the AffC, Cherokee Nation, and Jicarilla
Apache.
Awarded FY93 Indian set-aside wastewater construction grant to
the Cherokee Nation.
Continued work on FY92 CWA Section 104Q>X3) NPDES
related Indian set-aside grant to the AIPC.
Continued work on construction giants for the tribes of
Cheyenne and Arapaho, Kkkapoo, Zuni, and Pojoaque Tribes.
Provided T/A to Tribes on WQS. Approved three tribes to
administer the WQS program. Approved the Pueblo of Isleta
WQS and the Pueblo of Sandia WQS. Held several technical
workshops for the Tribes in New Mexico.
Awarded Sec. 106 grants to the Sandia Pueblo. Isleta Pueblo,
San Jman Pueblo, and the Santa Clara Pueblo to continue Water
Quality Standards development
Clean Lakes Phase 2 restoration project on Acomita Lake.
Puebk) of Acomaa. Project funded under Section 314 of the
Clean Water ACL
Awarded 106 Water Quality grant to Winnebago Tribe to
continue water quality assessment activities.
Reviewed water quality needs of Santee Sioux Tribe. Reviewed
their 106 application. TAS needs to be added.
Reviewed progress of Kkkapoo Tribe on 106 Water Quality
grants.
Discussed 106 program with Potawatomi Tribe.
Provided technical assistance and administrative guidance to Sac
& Fox Tribe of Mesquakie Settlement (IA) regarding their
NPDES permit
Provided technical assistance to Winnebago Tribe (NE) in grant
proposals to develop water quality standards under Section 106
of CWA and a water quality assessment program under a multi-
media grant
Provided administrative guidance to Kkkapoo Tribe (KS) on
Reservation water quality problems originating from off the
Reservation.
Oversight of construction on Indian lands for the Winnebago
Tribe, (NE); Sac & Fox of Iowa and the Santee Sioux Tribe of
Nebraska. Coordinated with IHS and COE.
33
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region?
Regions
$87.9
$73.0
$110.0
$134.5
$53.7
$80.9
$102.7
$90.7
$26.0
$42.0
$90.0
$56.6
$78.1
$59.8
$35.0
$23.0
.01
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.25
0.20
0.10
0.05
0.10
0.10
0.10
0.10
0.10
0.25
0.05
0.20
0.15
0.15
Outreach
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
T/A
T/A
T/A
T/A
T/A
F/A
F/A
F/A
F/A
F/A
T/A
T/A
T/A
T/A
Workshop was conducted on water quality standards program for
all States and Tribes within EPA Regions 5, 6, 7 and 8.
Workshop was attended by representatives from Tribes and
Indifln orRflniyflt*o**s,
Awarded 106 grant to Blackfeet Tribe.
Awarded 106 grant to Cheyenne River Sioux Tribe.
Awarded 106 grant to Confederated Salish & Kootenai Tribes.
Awarded 106 grant to Ft Peck Tribes.
Awarded 106 grant to Northern Cheyenne Tribe.
Awarded 106 grant to Oglato Sioux Tribe.
Awarded 106 grant to Southern Ute Tribe.
Awarded 106 grant to Ute Mountain Ute Tribe.
Awarded 106 grant to R Belknap Indian Community.
Awarded 106 grant to Crow Tribe.
Techical assistance provided for on-going i?!"* water Quality
assessments on Twtle Mountain, Blackfeet Southern Utet and
Wind River Reservations.
Technical assistance to tribal water quality programs on the
Standing Rock, Fort BerthoM, Rosebud, and Wind River
Reservations.
Processing water quality standards and 401 certification
application for Confederated Salish and Kootenai.
Processing wetlands protection program application for
Confederated Salish and Kootenai.
Providing technical assistance and technical review of nonpoint
source management and assessment plans for Fort Peck Tribes
and Three Affiliated Tribes.
Awarded 104(bX3) wetlands grant to Blackfeet Tribe.
Awarded 104(bX3) wetlands grant to R Peck Tribes.
Awarded 104(bX3)weu^rio^ grant to Confederated Salish and
Kootenai Tribes for assessment and CIS development
Awarded 104(bX3) wetlands grant which provides an inventory
of point sources of pollution.
Awarded 104(bX3) NPDES grants to Conferated Salish and
Kootenai Tribes and Arapaho and Shoshone Tribes on Wind
River Reservation continuing assistance.
Co-sponsored technical training on "Rapid Bioassessment
Protocols" with R Peck for all Region 8 tribes.
Developed and distributed program guidance for tribal water
quality standards and 401 certification.
Compiled proceedings of FY92 Q A/QC workshop for tribes and
assisted Ute Mountain Ute Tribe in publishing "Integrating
Quality Assurance in Tribal Water Programs" a resource guide.
Performed site visits to Wind River. Southern Ute, Ute
Mountain Ute. R Peck Reservations (Montana office also
participated).
34
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
(Sl.OOO)
WORK
YEARS TYPE
DESCRIPTION
RegionS
Region 9
$118.2
$296.0
$306
$7.0
$10.0
$13.0
$116.44
$135.8
0.10
0.10
O.OS
0.05
0.05
0.10
0.05
0.15
0.10
0.10
0.25
0.2
0.1
0.05
0.1
0.05
0.01
0.01
0.01
.01
0.03
T/A
T/A
Outreach
T/A
F/A
F/A
F/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
F/A
F/A
Developed and published a compilation of grants, technical
ftedsปancct and regulations for tribes in "Water Management
Solutions A Guide for Indian Tribes."
Processing of treatment as a state applications for Oglala Sioux.
Yanton Sioux, Crow and R Peck Tribe.
Conducted second annual tribal water quality coordinator's
meeting in Denver.
Provided assistance to FL Peck Tribes for continued publication
of tribal newsletter "Mni Ohan."
Assisted Blackfeet Tribe in the implementation of its Clean
Lakes assessment and on other water quality matters.
Awarded 104(bX3) grant to Salish and Kootenai Flathead
Reservation for identiying facilities needing NPDES permits,
developing permitting regulations, developing implementation
plan for point source permitting, and water quality monitoring.
Awarded 104(bX3) grant to Wind River Reservation for point
source inventory, and monitoring water quality on selected
stream segments.
Surveyed and visited sites of facilities on Indian land which
needed NPDES permits. Drafted and issued permits on Indian
lands, including those in dispute with Wyoming and Utah.
Performed NPDES inspections and performed pretreatment
inspections.
Provided technical assistance to permitted facilities on Indian
lands regarding reporting requirements and procedures and
regarding noncompliance with permit requirements and took (3)
formal enforcement actions.
Indian Set- Aside wastewater construction grant - Pine Ridge,
SD.
Indian Set-Aside wastewater construction - R Duchesne. UT.
Wastewater construction grant - Ft Washakie. WY.
Wastewater construction grant - Araphoe, WY.
Water quality and NEPA related planning on four reservations.
Flood related damage assessment on eight reservations.
Grant to Northern Montana College (NMQ to conduct
evaluations and provide assistance at six wastewater facilities on
R Peck Reservation.
Awarded grant to NMC to provide assistance at wastewater
facilities on Rosebud and Pine Ridge Reservations.
Awarded grant to Rosebud Sioux Tribe to provide formal
instruction on introductory concepts in wastewater management
and develop video courses which can be used by other tribes.
HQ expects to award a 3 19 grant to the Campo Band of
Kumeyaay Indians before the end of the fiscal year pending
treatment as a state approve!.
Awarded 104(b)(3) grant to the Navajo Nation for continued
development of an NPDES and sludge management program.
Aided in the development of application.
35
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
(Sl.OOO)
WORK
YEARS TYPE
DESCRIPTION
Region 9
$102.8
70.0
202.1
100.0
68.58
79.90
90.00
150.00
170.0
$106.4
$2.0
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.08
0.10
.03
.01
.002
.002
.75
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
T/A
D/I
D/I
D/I
D/I
D/I
T/A
F/A
T/A
F/A
T/A
F/A
T/A
F/A
T/A
F/A
T/A
The following Tribes received Section 106 grants:
Pyramid Lake
Coyote Valley
Rincon Band Consortium
CampoBand
MorongoBand
HoptandBand
Gila River Indian Community
Hopi Tribe
Navajo Nation
The following Tribe received Section 314 Treatment-as-a State
approval and award of a Section 319 grant:
CampoBand
Outreach and Education took the form of workshops and
meetings which resulted in Treatment-as-a-State
applications being received from the following Tribes:
White Mountain Apache (Sec. 106)
Rincon Band (Sec. 319)
Hoopa Valley Tribe (Sec. 106)
Hualapai Tribe (Sec. 106)
Aided the Navajo Nation in establishing the direction of the first
year effort to develop an NPDES and sludge management
program under FY92 104(8X3) grant
Issued NPDES permits for Window Rock and Ship Rock
sewage treatment plants.
Conducted NPDES compliance inspections on Navajo lands at
Tuba City. NTUA Window Rock, NTUA Chile. MTU A Ganado
and Peabody Western Coal Co. Black Mesa/Kayenta Coal
Mines.
Conducted NPDES compliance inspections at BIA Hopi Agency
Keams Canyon WWTP.
Issued Section 308 into request and following to White
Mountain Apache Tribe Utility Authority for unpermitted
discharge of sewage.
Followed up on FY92 Section 308 letter issued to Navajo
Fbresty Product Industries.
Completed two Hopi projects: Hotavilla: design completed and
Cultural Center the facility plan site is in draft. Conducted
visits to both projects.
Completed three Tohono O'Odham projects. Sells: amended
IAG to include construction funds; Sil Nakya: amended IAG to
include construction funds; scattered projects: requested IAG.
Completed construction, an IAG and provided grants
management in processing close-out to the White Mountain
Apache.
Project is near the end of construction phase - Table Bluff,
Rancheria, C A.
Completed MOA and awarded new IAG for constrtuction
executed to the Yurok Tribe.
Drafted MOA, requested IAG and conducted one site visit
in Shiprock, NM.
36
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
EXP. WORK
OFFICE ($1.000) YEARS TYPE DESCRIPTION
Region 10
$112.96
$453.4
$159.1
.01
.05
.01
.10
.15
.20
.05
.07
.05
.04
.02
.02
.07
D/I
T/A
F/A
T/A
T/A
T/A
T/A
T/A
T/A
D/I
F/A
F/A
T/A
T/A
T/A
T/A
Participated on project review panel for PPIS grants.
Watershed Coordinator work for Chehalis and Yaltima River
Watersheds. Technical assistance to tribal watershed program
(NWIF project.
Assisted Region 10 in awarding a section 319 grant to the
Colville Tribe.
Oversight and technical assistance to Upper Skagit Tribe on
Wellhead Protection Demonstration Grant Project
Guidance to Nez Peerce Tribe on ground water protection
program development, ground water vulnerability mapping and
ground water standards development
Served on panels for the review and evaluation of multi-media
and 106 set-aside grants for Tribes.
Assistance on revising workplan for a wellhead protection
project with Squamish and Port Gamble STClallam Tribes.
Provided oversight for 14 water program grants to Washington
State Tribes (9 CWA Section 106. 3 NPDES, 2 CWA Section
104).
Convened review panel for tribal CWA 106 grant applications.
reviewed proposals and assigned project officer duties for 9 tribal
grants in Washington. Provided assistance to tribes to revising
workplans and submitting applications. Awarded grants to:
Colville, Yakima, Lurnmi, Suquamish, Makah, Skokomish,
Chehlalis. Puyallup. Muckleshoot
Participated on review panel for tribal NPDES proposals.
Worked with 5 Washington tribal applicants to revise/improve
proposal workplans prior to submission to OW HQs. Awarded
NPDES grants to Yakima. Swinomish, Puyallup Tribes.
Reviewed Puyallup and Tulalip TAS" applications for TWQS
and certification program. Processed Puyallup application for
public review procedures. Attended public hearings for
Puyallup tribal water quality standards.
Attended public hearing for Swinomish Tribal marina
development project Reviewed a revised draft EIS and worked
with tribe on NPDES permit for casino on marina site.
Reviewed Shelter Bay expansion project NPDES permit
modification on Swinomish Reservation and proposed MOU for
permits.
Provided assistance to Shoalwater Bay Tribe with the neo-natal
and infant mortality situation. Organized and participated on an
interagency task force to address possible environmental
contaminants that might be a causative factor.
37
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 10
$30.0
$40.15
.07
.15
.1
.1
.05
.05
.07
.05
.15
.17
.01
.08
1.0
.5
0.10
Outreach
D/I
Outreach
DA
T/A
T/A
T/A
D/I
Outreach
D/I
D/I
D/I
F/A
F/A
T/A
Developed EPA training module, organized instruction team and
participated in the second BIA National Tribal Water Resources
Technician Training Program held at the Cispus Environmental
Learning Center near Randle, Washington. Assisted with 3rd
session in New Mexico (EPA transition).
Conducted NPDES inspections on Yakima, Spokane, Quinault,
Lummi, Makah, Tulalip, Colville Indian Reservations. Issued
compliance orders to facilities on Yakima and Makah
reservations. Provided technical assistance for DMR reporting.
Gave presentations and provided information to UW-AISES,
WSU-AISES, PSIS, Wa-He-Lute Indian School, TESC, ATNI
about tribal environmental concerns. Provided "Wet Way"
materials to Muckleshoot and Quileute Tribal Schools.
Participated in AISES "Science By-Mail" mentor program and
assisted in developing Columbia River AISES professional
chapter.
Developed NPDES permit strategy for the facilities on
Washington Indian Reservations. Worked with Swinomish and
Suquamish tribes on POTW up-grades requiring permit
modifications. Worked with 2 facilities on Yakima Indian
reservation for timely issuance of expired "minor" permits.
Continued assistance to Swinomish Tribe and project oversight
for a construction grant
Continued assistance to Dawn Mine closure (Uranium mine on
Spokane Indian Reservation). .
Provided oversight for 14 water program grants to Washington
State Tribes (9 CWA Section 106, 3 NPDES. 2 CWA Section
Interagency Coordination duties: Attended National and
Regional Indian Work Group meetings and participated in
conference calls. Participated in AIAC, SFEB Native American
Awameness Committee, Washington State Indian Work Group,
Washington Department of Ecology State/Tribal "government-
to-government" meetings. Participated in EPA tribal Data
Management Conference and EPA Tribal Environmental
Conference.
Made site trips and distributed information to 26 Washington
tribal governments. Prepared articles and distributed the
monthly tribal newsletter.
Washington Operations Office Indian lands program assistant
updated tribal database, researched tribal environmental codes and
prepared summary.
Attended Indian Law training in Denver, CO.
Attended Regional Senior Management work groups for
regional tribal capacity building and grants coordination issues.
Continuing 2nd year of funding for Phase I Clean Lakes Project
for Nez Perce Tribe, Idaho.
Assessment of mining wastes in lateral lakes, Idaho in
cooperation with Idaho DEQ; awarded grant to Coeur d'Alene
Tribe of Idaho.
Geographic Information System (GIS) data management and
cartographic support pertaining to Region 10 Indian lands.
38
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region 10
$95.9
$40.322
$23320
$39.893
$41.976
$2.866.0
$50.0
$40.15
$40.32
$30.0
$50.0
$70.0
0.02
0.10
.08
.002
.002
0.1
.15
.02
.02
.02
.60
.02
.02
.10
.02
T/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
D/I
D/I
D/I
D/I
D/I
F/A
F/A
F/A
T/A
F/A
F/A
Outreach
F/A
CIS mapping of the Skokomish Basin.
Quality Assurance support for investigations at several sites.
Reviewed proposal for Yaltima Indian Nation, in Washington
funding under FY93 104(bX3) Indian set-aside for NPDES
projects (selected for funding/continuation of FY92 project)
Reviewed proposal for Coeur D'Alene Tribe of Idaho.
Reviewed proposal for Swinomish Tribal Community, in
Washington for funding under FY93 104*bX3) Indian set-aside
for NPDES projects (selected for funding/continuation of FY92
project).
Reviewed proposal for Puyallup Tribe of Indians, in
Washington for funding under FY93 104(b)(3) Indian set-aside
for NPDES projects (selected for funding).
Reviewed proposal for Warm Springs Reservation of Oregon for
funding under FY93 104(bX3) Indian set-aside for NPDES
projects (selected for funding).
Held meetings with Swinomish, Yakima and Nez Perce tribes
to discuss progress or potential progress of the delegation of
NPDES programs.
Developed and issued AOs penalties to facilities leasing from
Yakima Indian Nation and Makah Tribe.
Held discussions with Yakima Indian Nation regarding
Held discussions with Makah Tribe regarding seafood dumping
zone and dive surveys of waste piles in Neah Bay.
Responded to a challenge to the Potlatch Corporation NPDES
permit by the Nez Perce tribe.
Implemented of Indian Set-Aside Program agreement with State
of Alaska for construction of sewage treatment facilities.
Awarded Coeur D/Alene tribe a 106 CWA grant for adoption
and implementation of WQS.
Awarded the Coeur D/Alene tribe a 314 Lateral Lakes Water
Quality Assessment grant
Awarded Coeur D'Alene tribe a CWA 104(b)(3) NPDES
Program Development grant
Employee in the Idaho Operations Office monitored the Coeur
D'Alene Basin Project
Awarded Nez Perce Tribe of Idaho CWA 3 14 Clean Lakes
additional monies for the second year portion of grant
Awarded Shoshone-Bannock Tribe CWA 106 Non-Point
Pollution Source grant
Mailed and responded to requests, such as newsletters, training
information, grant announcements, trips to reservations and
phone contacts.
Awarded the City of Noomik, Alaska a grant with an MOA
between the City/Indian Health Service and EPA to complete
and upgrade wastewater facilities.
39
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
OFFICE
EXP.
($1,000)
WORK
YEARS TYPE
DESCRIPTION
Region 10
-
$25.0
$40.0
$50.0
$2,130
$25.0
$210.0
$797.6
$502.8
.07
.02
.01
.10
.20
.07
.03
.02
.20
.04
.01
.02
.01
0.1
0.1
.02
0.1
.15
.02
.05
.05
.05
.05
Outreach
Outreach
T/A
Outreach
Outreach
Outreach
Outreach
Outreach
Outreach
Outreach
Outreach
Outreach
T/A
F/A
D/I
F/A
T/A
F/A
F/A
F/A
F/A
F/A
T/A
Implementation of General Assistance Grants to Warm Springs.
Umatilla and Bums Tribes. NPDES 104 to Warm Springs.
Made presentation at Chemawa "Annual Indian Education
Symposium" and staffed a booth.
Provided financial assistance for development of a
comprehensive wastewaier management plan to the Confederated
Tribes of Warm Springs, Oregon.
Contacted Tribes/individuals to maintain open communications.
Region 10 Tribal Newsletter. Gathered information .
Attended Regional/National Conferences and Workshops
concerning Indian issues.
Completed Tribal Environmental Survey.
Met with and worked with Columbia River Inter Tribal Fish
Commission (CRTTFC).. Made joint presentation to Warm
Springs Council, passed resolution to pursue TAS.
Visited all Oregon Tribes (9) at least twice to survey/discuss
environmental concerns and present information on TAS. Two
tribes are pursuing TAS.
Held meetings with Commission on Indian Services Director to
discuss tribal environmental concerns.
Correlation of issues with BIA/IHS and EPA.
Involved in environmental survey of 1 125 acres for Coquille
Indian Tribe in Coos Bay and 6 acres in Bandon. Still working
on the site in connection with the BIA.
Helped supervise removal of UST on Grand Ronde Reservation.
Water Quality Standards Academy conducted by Headquarters in
Region.
Awarded 104(bX3) grant to provide Puget Sound Tribal Fish
Consumption Study. Served on the Steering Committee and
Technical Advisory Committee.
Reviewed of tribal TAS applications for WQS.
Awarded Coeur D/Atene tribe a 106 CWA grant for adoption
and implementation of WQS.
Provided guidance to tribes and reviewed draft water quality
standards.
Awarded IAG for Makah Tribe waste water system under Indian
Set Aside Program (ISA). FY92 dollars.
ISA: Awarded IAG for planning of Warm Springs Reservation
community wastewater system.
ISA: Awarded IAG for Stillaguamish community wastewater
system.
ISA: Awarded IAG for Kokhanok ANY community wastewater
system (Phase 2).
ISA: Awarded IAG for Kipnuk ANY for community wastewater
system, FY92 dollars.
ISA: Closeout activities for Hoh Tribe project
40
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
CLEAN WATER ACT PROGRAMS
EXP. WORK
OFFICE ($1.000) YEARS TYPE DESCRIPTION
Region 10
HQ
.07
.05
.20
.03
0.1
1.0
.15
.20
.10
.10
0.5
0.1
T/A
T/A
F/A
T/A
D/I
Outreach
Outreach
Outreach
T/A
ISA: Planning and design review wok for Port Gamble
STGallam Tribe community wastewater system.
ISA: Design review for Tulalip Tribe community wastewater
system.
Region general ISA administrative work.
Closeout activities for Stinaguamish Tribe water conservation
grant
Conducted Water Qm^'ty Standards Treatment-as-a State
reviews.
Coordination of the various dean Water Act and SDWA Indian
Programs. Liaison between OW and Tribes/Regions/Head-
Quarters program offices and Federal agencies.
Provided support to the Regions, preparation of a Tribal Guide
on the Nonpoint Source Program, attended workgroup meetings
and provided feedback to office on ways to improve program.
NPDES treatment in same manner as State Regulation
development "
NPDES primer development and Indian workgroup liaison.
104(bXc) grant awarded for administrative support
Reviewed Tribal legal authorities, information-sharing, advice
to tribes, etc.
Water Quality Standards Treatment as a State reviews.
41
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - UIC
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 2
Region 6
Region?
RegionS
Region 9
$212.6
$40.0
$13.0
$1.0
$160.0
$50.0
$40.0
0.1S
0.50
14.1
1.0
0.5
5.0
1.0
.05
.05
0.01
0.05
0.30
0.20
0.40
0.10
D/I
T/A
T/A
Outreach
Outreach
DA
D/I
F/A
T/A
D/I
Outreach
F/A
D/I
D/l
D/I
D/I
D/I
Administered Underground Injection Control (UIC) program for
Seneca Nation of Indians (SNI)
Provided T/A to SNI and St Regis Mohawk Tribe regarding
UIC program delegation.
Awarded grant to Osage Tribe for UIC direct implementation
activities.
Conducted seminar for tribe and operators, Provided wide
distribution of program information to Class 0 and Class V
wells on Indian lands.
Conducted Class V workshops, targeted for tribes in New
Mexico. Field activities were also conducted for the purpose of
identifying possible Class V wells.
Conducted field activities for the Osage and other Indian lands.
Field activities consisted of inspections, pluggings, and
witnessing mechanical integrity test
Provided technical assistance and monies to RECAP contractor
to conduct compliance inspections/sampling on Indian lands in
Region 7.
Updated and verified Class V inventory information;
Provided information to Tribes about UIC program requirements
and activities.
Contin ued 4th and final year of development grant to Ft Peck
Tribes. Delegation anticipated early "94.
Completing Class V well closures on Rosebud Sioux, SD
Reservation.
Continued to support Navajo EPA staff to work in UIC section.
Lead for the Aneth Technical Committee investigating ground
water contamination on Navajo Nation.
Implemented the UIC program requirements of permitting,
plugging, and MIT injection wells on Navajo Nation.
Provided grant to Gila River Indian Community to implement
combined Class V/Wellhead protection program.
42
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - PWSS
OFFICE
EXP.
(Sl.OOO)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 4
$8.0
0.15
0.10
0.02
0.1
0.2
.10
0.02
0.10
0.15
0.20
0.05
0.20
0.05
0.10
0.10
0.10
T/A
T/A
T/A
F/A
T/A
D/I
T/A
T/A
D/I
T/A
D/I
D/I
D/I
D/I
Outreach
T/A
Outreach
Conducted sanitary survey for Mashantucket Pequot water
supply system. Assisted Tribe in efforts to achieve primacy
under SDWA. Review of water system testing and monitoring.
Took appropriate actions (TA and enforcement) for tribal water
quality standards violations.
Overall coordination of WMD activities relating to
environmental review and interagency coordination for
Fbxwoods Casino project on Masnantucket Pequot reservation.
Review of tribal wellhead protection program, aquifer mapping,
and WQ impact
Technical assistance and general coordination for Narragansett
Tribe relating to ground water issues.
Provided technical assistance and funds to the Seneca Nation of
Indians (SNI) and the St. Regis Mohawk Tribe (SRMT) for
Public Water Supply System (PWSS) monitoring, testing, and
training.
Administered the PSW program for SNI and SRMT.
Conducted technical conference for the Poarch Band of the Creek
and Choctaw Tribes in Atmore, AL for establishing a program
with the Poarch and updating the Choctaw program.
Reviewed the new treatment plant proposal for the Eastern Band
of Cherokee Indians. Monitoring the progress of the plans.
Negotiated an Interagency Agreement with the US. Geological
Survey for assistance in making determinations of Ground
Water Under the Direct Influence of Surface Water.
Participated in the first EPA/Tribal Water Directors meeting in
Atlanta. Presentation of current SDWA regulations.
Updated the Federal Reporting Data System. Utilized
information from the Indian Health Service (IMS), and the
Tribes.
Administered an agreement for First Round VOC and SOC
testing of the Community Water Systems.
Tracked and conducted compliance oversight activities for PWSs
on Indian lands to ensure that the reservation communities
received safe drinking water.
Participated in the First National PWSS Indian lands
Workgroup held in San Francisco, CA.
Implemented on Indian Public Water System Excellence Award
for 1993. Solicited applications, formed a committee to
determine a winner and conducted an on-site awards ceremony
for the Choctaw Utilities in Philadelphia, MS.
Participated in a meeting held in Atlanta between the Indian
Health Service, Region IV, Drinking Water Section, and the
Eastern Band of Cherokee Tribe regarding the tribe's proposed
new water treatment plant and upgrading of the distribution
system in order to meet the requirements of the Surface Water
Treatment Rule.
Negotiated an Interagency Agreement with the Indian Health
Service to provide funds for the implementation of the
elementary (3-5) unit of the Water Source Book into the
Cherokee schools during the Fall of 1993.
43
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - PWSS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 4
Region 5
Region 6
Region?
Regions
$43.5
$6.0
$7.1
0.1
0.5
0.05
0.20
0.10
0.025
2
0.1
0.2
0.10
0.10
0.50
0.10
0.10
0..40
0.04
T/A
Outreach
D/I
DA
D/I
D/I
T/A
Outreach
T/A
T/A
F/A
D/A
D/I
Outreach
T/A
Outreach
D/I
T/A
Demonstrated Geographic Information System Management to
the Chreokee Tribe. The Tribe is interested in using this
technology for environmental management
The Drinking Water Program, in coordination with the Eastern
Band of Cherokee Indians and the United South and Eastern
Tribes, arranged the South and Eastern Inter-Governmental
Tribal Water Management Conference in Cherokee. NC from
June 22-24, 1993. The conference addressed developing inter-
governmental partnerships between Federal agencies and Tribe.
Provided guidance material concerning Lead and Copper Ride to
all effected PWSs on Indian lands in Region 4, Indian Lands and
provided technical assistance to ensure compliance with this
requirement of the National Primary Drinking Water
Regulations.
Made determination concerning existence of PWSs on Poarch
Band of the Creek Tribal Reservation. Classified the type of
PWSs owned and operated by the Poarch Band of Creek Indians.
Conducted on-site inspections of Poarch Band of Creek Indians'
PWSs.
Provided Safe Drinking Water Act (SWDA) Certification update
to the Minnesota Chippewa Tribe.
Implemented Drinking Water Regulations on Indian lands in the
Region. Funding was for Water Sample Analysis.
Worked with Cheyene and Arapaho Tribes of Oklahoma on
Treatment as a State" application.
Participated in seminars on Drinking Water Regulations with
Tribal Leaders and Water Operators.
Contracts with Iowa Rural Water Association and Kansas Rural
Water Association to provide assistance to water operators of
the Sac & Fox Tribe, Tama, IA and Kickapoo Nation Horton,
KS in turbidity reporting, resolving O&M probllems, etc.
IAG with Aberdeen Indian Health Service for workshops to
increase skills of tribal operators and prepare them to take and
pass the operator certification test and a workshop to improve
management skills of tribal managers.
Indian Lands Coordinator visits tribes to discuss the SDWA
requirements, assists with lead and copper tap water sampling
requirements, and perform sanitary surveys of water systems.
Arranged for the collection and analyses of drinking water
samples for Phases n & V contaminants on Indian lands in
cooperation with our laboratory and through a RCAP contract
Indian Lands Coordinator held a regional meeting with
governmental agencies servicing tribes (IHS, BIA, etc.) to
discuss Water issues and seek input into environmental
programs.
Participated on Region 8 Indian Workgroup, served on Water
Management Division's Water Indian Network(WIN) to improve
coordination.
Participated in EPA/CERT Tribal intership program. Provided
one-on-one technical assistance.
44
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - PWSS
OFFICE
EXP.
(Sl.OOO)
WORK
YEARS TYPE
DESCRIPTION
Regions
Region 9
$55.0
$35.0
$10.0
$56.0
$30.0
0.04
0.40
0.05
0.60
0.15
0.30
0.50
0.10
0.05
0.10
1.0
2.5
0.03
0.03
0.50
T/A
Outreach
F/A
*
D/I
T/A
Outreach
D/I
Outreach
D/I
D/I
T/A
D/I
T/A
D/I
D/I
F/A
D/I
D/I
D/I
D/I
D/I
D/I
Met with the tribes from the Flathead, Devils Lake Sioux, and
R Belknap Reservations regarding TAS. Tribes decided not to
apply.
Awarded 3rd year developmental grant to Standing Rock Tribe.
Provided oversight of PWSS developmental grant. Conducted
several meetings with Drinking Water Branch staff and tribe to
outline three year developmental grant Process continuing.
Primacy application to be submitted in October 1994.
Award/managed grant for on-site utility management training in
Montana through Midwest Assistance Program. (Continued
fromFY92).
Continued tracking, monitoring and compliance activities for
150 PWS's.
Met with Blackfeet Nation, the Confederated Salish and
Kootenai Tribes of the Flathead Reservation, Cheyenne River
Sioux, Devil's Lake Sioux Tribal Council!, Little Hoop
Community College, and Standing Rock Sioux on Drinking
Water Program; mailed and distributed material per request
Provided one-on-one technical assistance and outreach.
Conducted Sanitary Surveys.
Notified/assisted Tribes with regulation requirements and
provided technical assistance.
Award/managed grant for O&M circuit rider through the SD
AWWA
Award/managed grant for PWS operator training in MT through
Linn Benton College, Montana.
Awareded IAG to IMS to assist in Phase II/V Monitoring.
Award/managed grant for on-site Utility Management Training
through Native American Water Association.
Participated in National PWS-DI Indian Network Meeting and
follow-up actions.
AARP Position: Hired data entry specialist for entry of
monitoring data from 500 + PWSS into compliance tracking
system.
Performed sanitary surveys and inspections of PWSs on Indian
ands in CA, NV, AZ, and NM (Navajo).
Provided oversight on IAG with Phoenix ARea IHS to hire on-
site trainer for Indian Surface Water treatment plant operators
needing assistance. (FY 92 funds).
Provided oversight on IAG with Phoenix area IHS to provide
four classroom training courses on: chlorination/flouridation,
O&M. PWS operator certification review, and electrical controls
(FY 92 funds).
Continued collection of water samples from schools and day
care centers on Indian Lands in AZ, CA, and NV under LCCA
for lead analysis.
45
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - PWSS
EXP.
OFFICE ($1.000)
WORK
YEARS TYPE
DESCRIP1TON
Region 9
Region 10
$36.4
$10.0
$200.0
$10.0
$12.4
$30.0
$50.0
$60.0
$20.0
$20.0
$150.0
0.04
1.0
1.25
0.04
0.04
0.75
0..04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
.01
0.01
0.05
.25
.10
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
T/A
T/A
D/I
T/A
D/I
Continued oversight on grant to Hopi Tribe to establish tribal
utility organization and bring village water systems under one
authority (FY 92 funds)
AARP Positon: Continued funding for a data management
specialist to update Indian Compliance tracking system.
Provided outreach and technical assistance to public water
systems on Indian lands.
Continued oversight of grant to NTUA for water system data
management capability (FY 92 funds). Awarded additional FY
93 funds.
Continued oversight of grant to ITCA for development of Indian
water system operator certification program. (FY92 funds).
Awarded grant to Navajo EPA PWSS Program for Treatment of
a State water supply program activities for FY 93.
Awarded grant to San Carlos Apache Tribe for development of
Water Utility Newsletter and purchase of software/hardware to
track SDWA compliance data.
Awarded grant to White Mountain Apache Tribe for on-site
training of utility's water system operators.
Awarded grant to Gila River Indian Community for
development of a Wellhead Protection Program.
Awarded grant to Northern Circle to hire a Circuit Rider for N.
CA Indian Community Water S ystems.
Awarded grant to Yurok Tribe for development of a water utility
organization.
Continued oversight of grant to Hoopa Tribe for a needs
assessment and improvement plan for their water utility and to
do GIS mapping of the water system (FY 92 funds).
Established new IAG with Reno, NV IHS office for partial
funding of O&M Coordination position.
Established new IAG with Tucson, AZ IHS office of partial
funding of O&M Coordinator position.
Attended water operators/managers training session in Portland,
OR.
Provided support to the Shoalwater Drinking Water
investigation.
GIS data tapes and other miscellaneous support for studies on
the Coeur D'Alene reservation.
Worked on enforcement issues; provided technical assistance on
a variety of issues; Indian issues also come up relative to state
program oversight
Coordinated state/local/and federal entities involved in special
rural sanitation funds.
46
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
SAFE DRINKING WATER PROGRAMS - PWSS
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
HQ
$90.0
$60.0
0.08
0.07
0.10
T/A
T/A
D/I
Outreach
Initiated grant to National Environmental Training Association
(NETA) to provide on-site technical assistance to Tribes
experiencing problems complying with drinking water
regulations. Assistance to be provided in FY94.
Initiated grant to Native American Water Association (NAWA)
to conduct Utility Manager workshops in FY94.
Provided coordination of Indian programs.
47
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF WATER
GROUNDWATER PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 6
Region?
Regions
Region 9
Region 10
HQ
$35.6
$0.3
.05
0.1
.01
0.02
0.2
0.01
0.03
0.1
0.02
0.02
0.4
.10
.15
.20
.05
0.10
0.10
0.05
F/A
T/A
T/A
T/A
T/A
T/A
Outreach
D/I
T/A
T/A
D/I
F/A
T/A
T/A
T/A
T/A
Outreach
T/A
T/A
Wellhead Protection Areas delineated at Zuni Pueblo. Staff
trained in wellhead activities.
Provided funding to Winnebago Tribe to install monitoring
wells in conjunction with a Section 106 grant
Offered technical assistance to Tribe for preparation of wellhead
protection component of Kickapoo Multi-media grant
Wellhead Protection Program Development for Pine Ridge
Reservation, SD.
Provided technical and programmatic assistance on multi-media
grants for Region DC Tribes.
Provided technical and programmatic assistance to Gila River
Indian Community Hoopa Valley Valley Indian Reservation.
and Rincon Reservation on their on-going Wellhead Protection
Programs. Purchased ground water flow demonstration model
for use by Gila River in outreach.
Provided background information to Tohono O'dham Nation
regarding Arizona's GSGWPP project As a result, the Nation
will participate with the state in two focus projects on Tribal
lands.
Drafted MOU between Region and Tribes located in newly
designated Campo Sole Source Aquifer (Campo, Manzanita,
Cuyapaipe, La Posta) regarding review process, responsibilities,
and authorities in the SSA.
Assisted Region DC Solid Waste Section in reviewing permit to
construct to be issued by Campo EPA for development of a
landfill within the Campo SSA
Provided WHPA delineation using WHPA Code to Reno-Sparks
Indian Colony.
Provided technical review assistance to Region 9 Public Water
Supply Supervision Section on development of Regional Phase
n/V Monitoring Rule waiver program for tribal lands.
Provided financial support for participation by InterTiibal
Council of Arizona to participate in Western Region Farmstead
Assessment System workshop; ITCA will be pan of the
Arizona Farm *A* System development team.
Conducted oversight and provided technical assistance to the
Upper Skagit Tribe on Wellhead Protection Demonstration
Grant Project
Provided guidance to Nez Perce Tribe on ground water
protection program development, ground water vulnerability
mapping and ground water standards development
Served on panels for the review and evaluation of multi-media
and 106 set-aside grants for tribes.
Assisted in revising workplan for a wellhead protection project
with the Suquamish and Port Gamble STOallam Tribes.
Provided coordination of Indian wellhead protection programs.
Provided wellhead protection trainig and delineation information
to Zuni Pueblo (includes coordination with Region 6).
Developed new TAS language for final rule: Indian Tribes
Treatment as States for Wellhead Protection and Sole Source
Aquifer Demonstration Program Grants.
48
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
THE OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
The basic authorities for the Pesticides and Toxic Substances Programs are the
Federal Insecticide, Fungicide and Rodenticide Act, the Federal Food, Drug and
Cosmetic Act, the Toxic Substances Control Act, the Asbestos Hazard
Emergency Response Act, the Asbestos Schools Hazard Abatement Act the
Emergency Planning and Community Right-to-Know Act (EPCRA), the
Pollution Prevention Act (PPA) and the Residential Lead-Based Paint Hazard
Reduction Act
These authorizations recognize the need for protecting human health and the
environment from harmful chemicals. They form the basis of the Office of
Prevention, Pesticides and Toxic Substances (OPPTS) program activities on
Indian lands.
Programs under OPPTS focus on the elimination of asbestos in schools and
public buildings while other potential risks from new and existing chemicals
(including pesticides) are identified, assessed, and managed under TSCA,
FIFRA, EPCRA, and the PPA. This broad coverage enables EPA to take a
variety of regulatory actions which affect the manufacture, distribution in
commerce, processing, use and disposal of chemical substances. The major
initiatives in the pesticide program that will affect the tribes are certification of
pesticide applicators, enforcement of regulations for pesticide use and protection
against pesticides for agricultural workers, endangered species and
groundwater.
49
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
EXP. WORK
OFFICE ($1.000) YEARS TYPE DESCRIPTION
Region 1
Regions
Region?
Region 8
Region 9
$57.0
$1.0
$1.5
$1.5
$1.5
$227.5
$316.0
.05
.05
.5
.1
0.025
0.025
0.025
.15
.15
.15
0.5
0.1
0.1
.30
.10
D/I
T/A
T/A
TA
T/A
T/A
T/A
T/A
T/A
D/I - F/A
T/A
D/I -F/A
T/A
D/I - F/A
T/A
DA
T/A
T/A
F/A
T/A
Participated in workgroup activities. Reviewed multi-media
grant proposals.
Reviewed application for multi-media grants.
Funding for the FY94 Pesticide Cooperative Agreement for
Enforcement and Ground Water Protection with the White Earth
Band of Minnesota Chippewa will be forward
funded with these FY93 funds.
Project officer and grant oversight for (1) FY93 Pesticide
Cooperative Agreement with White Earth and (2) ongoing
Pesticide Cooperative Research Agreement with Leech Lake
Band of Minnesota Chippewa.
Programmatic technical assistance and oversight on the Region
multi-media Tribal cooperative agreements which address
pesticides. Participation as representative on the Regional
Indian Workgroup.
Participatrion in the FY93 U.S. EPA/Tribal Pesticides
Conference in Denver, Colorado.
Contribution to funding of Region 5 Multi-media Tribal
Cooperative Agreements.
Reviewed a FIFRA grant QAPP to the Leech Lake Tribe.
FIFRA Cooperative Agreement to the White Earth Band, MN
Chippewa Tribe.
Approved 104(bX3) FIFRA grant to the Leech Lake Tribe.
Assisted Santee Sioux Tribe in developing a pesticide
enforcement and certification program.
Assisted Winnebago Tribe in developing a pesticide enforcement
program.
Assisted Omaha Tribe in developing a pesticide enforcement and
certification program.
Conducted mid and end of year Audits and Reports reviewing
deliverables, communications (phone and mail) with five tribal
programs (Rosebud, Pine Ridge, Cheyenne River, Standing
Rock, R Berthold).
Provided technical assistance for Special Initiative Programs on
five reservations.
Conducted General Tribal Program Support, including Tribal
workgroup and workshop attendance and activities, provided
training.
Awarded a continuation enforcement grant to ITCA to enforce
FIFRA on tribal lands of the following tribes: Cocopah. Ft
Mojave Gila River, Colorado River, Quechan, Salt River, Ak
Chin.
Provided technical assistance for protection of endangered
species on above tribal lands. (No new funds awarded in 93).
50
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 9
Region 10
$5.0
$10.0
$89.0
$20.8
$10.0
$42.0
$4.0
$28.0
$27.50
$32.%
$37.47
$8.20
$19.2
.10
.10
O.OS
0.10
0.20
0.10
0.10
O.OS
0.05
0.05
0.05
.33
.33
.33
.33
T/A
T/A
F/A
F/A
F/A
F/A
T/A
T/A
Outreach
Outreach
T/A
Outreach
T/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Provided technical assistance for protection of ground water on
above tribal lands. (No new funds awarded in 93).
Provided technical assistance for developing worker protection
programs on tribal lands. (No new funds awarded in 93).
Awarded a project grant to die Navajo Nation for the continued
development of an endangered species protection program
pesticides on the Reservation.
Awarded a project grant to the Navajo Nation for the continued
development of ground water protection program from
pesticides on the Reservation.
Awarded a continuation pesticide enforcement to the Navajo
Nation to enforce FIFRA on the Reservation.
Awarded a project grant to the Navajo Nation for the continued
development and implementation of the worker protection
program from agricultural pesticides on the Reservation.
Provided AHERA information and compliance support to Nvajo
Nation and BIA. Negotiated AHERA compliance grant with
Navajo EPA.
Awarded project grant to Navajo Community College to
conduct AHERA training courses.
Provided lead-based paint (Title X) outreach to Navajo EPA and
DOH, Tohono O'odham Tribe, Indian Health Service, HUD
Indian Programs Office and BIA Phoenix.
Provided TSCA/PCBs information to various Indian tribes and
the BIA.
Conducted two PCB training seminars for members of the
Navajo Tribal Utility Authority at Ft Definace, AZ.
FIFRA, Enforcement for Shoshone-Bannock and Coeur D'Alene
Tribes.
FIFRA, Certification and Training for Shoshone-Bannock
Tribes.
FIFRA. Groundwater, Worker Protection for Shoshone-Bannock
Tribes.
Awarded the Shoshone-Bannock Tribe a Pollution Prevention
Pi OKI am grant
Awarded the Sboshone-Bannock a grant for consolidated
Pesticide grant
Awarded the Shoshone-Bannock Tribe a grant for Enforcement
of Pesticides and Toxic Substances.
Awarded the Shoshone-Bannock Tribe a grant for Certification
in the Pesticide Program Consolidated grant
Awarded the Shoshone-Bannock Tribe a grant for Air Toxic in
the Consolidated Pesticide grant
51
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
HQ
$7.0
0.05
Outreach
Outreach
T/A
T/A
Outreach
Outreach
Outreach
Outreach
Provided Toxics Release Inventory informational materials to
tribal CEOs.
Invited tribal representatives to participate in annual TRI data
use conference.
Provided staff support in analysis of TRI emissions on or near
tribal lands.
Trained tribal representatives in the accessing of the TRI data.
EPA staff met with members of the Cherokee Nation of North
Carolina to discuss preparations for the Second National Tribal
Conference on Environmental Management, May 1994,
Cherokee Reservation, Cherokee, NC.
Discussed with Regional Indian Coordinators on preparations
for a Tribal Operations Committee meeting in Washington,
DC. October 1993.
Recruited Native Americans for the Forum of State and Tribal
Toxics Action (FOSTTA). Coordinated Tribal participation in
FOSTTA.
Provided assistance to HUD's Office of Public and Indian
Housing for the lead-based paint testing program.
52
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
THE OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
The programs administered by the Office of Solid Waste and Emergency Response are
authorized by the Resource Conservation and Recovery Act (RCRA), as amended by the
Hazardous and Solid Waste Amendments of 1984, and the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended by the Superfund Amendments
and Reautnorization Act of 1986.
EPA's goals in these areas are to protect human health and the environment by addressing
hazardous substance emergencies and uncontrolled hazardous waste sites; to ensure proper
ongoing management and closure of solid and hazardous waste facilities; to prevent leaks
from underground storage tanks and to conduct corrective actions for leaks that threaten
human health and the environment; to promote community awareness of chemical hazards;
and to develop state and tribal capabilities for preventing and responding to chemical
accidents and emergencies.
The Chemical Emergency Preparedness and Prevention Office provides training services
through the Superfund Amendments and Reauthorization Act Title HI. It has developed
and published a regulation on the treatment of Indian tribes as states for purposes of Title
III.
53
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 4
Region 5
$50.0
$34.0
$52.25
$20.0
$35.0
$19.95
$4.952
$5.338
$6.999
$9.658
$12.0
.05
.05
.05
.05
.05
.05
.05
.05
.05
1.0
0.05
0.05
0.05
0.05
0.05
0.05
F/A
T/A
T/A
F/A
T/A
F/A
T/A
T/A
T/A
T/A
T/A
T/A
T/A
Outreach
F/A
T/A
T/A
F/A
F/A
F/A
F/A
F/A
F/A
Completed the design of a closure plan for the Passamaquoddy
landfill.
Provided technical assistance and guidance to the Seneca Nation
of Indians and St. Regis Mohawk Tribe in the
development of their underground storage tank regulatory
mow urn.
Continuation of recycling program with emphasis on source
reduction, purchase of products with recyclable materials and
marketing of recovered materials at Cherokee, N.C.
Supported Poarch Band of Creek Indians: new recycling
program. Reviewed application and met with Tribe to develop a
work plan.
On-site visit to Miccosukee Tribe (FL) to discuss waste
management issues. Project is now complete.
On-site visit to Seminole Tribe (FL) to close-out grant for
development of solid waste management plan; project is now
complete. Discussed other waste issues.
On-site visit to MS Band of Chocktaw Indians to revise grant
work plan for waste stream analysis, public awareness program,
education program and recycling.
Planned and developed the Regional Tribal Focus meeting, held
on November 3-4, 1993.
Assisted in the development of the Cherokee Regional Waste
Management Plan and attended hearings on the Regional
Solid Waste Management Plan.
Supported a Circuit Rider position.
Menominee Indian Tribe Pilot Program for partial
authorization of hazardous waste program.
Preparation toward the development of a Cooperative Agreement
with the Leech Lake Indian Tribe for their participation in the
ongoing O&M and other site activities at the St. Regis Paper
Co. site in Minnesota.
Awarded greant to Grand Portage Indian Reservation to develop
closure plan for 7-acre open dump.
Awarded grant to Prairie Island Indian Community for a solid
waste clean up and education project.
Awarded grant to Lac Du Flambeau Band of Lake Superior
Chippewa Indians to develop a recycling education program and
introduce office recycling.
Awarded grant amendment to Inter-Tribal Council of Michigan
to supplement existing grant to implement recycling on
Saginaw Chippewa Reservation.
Awarded grant to Inter-Tribal Council of Michigan to fund a
recycling planning project for the Grand Traverse Reservation.
Awarded grant White Earth Indian Reservation to develop a
landfill closure plan.
54
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
EXP. WORK
OFFICE ($1.000) YEARS TYPE DESCRIPTION
Regions
$20.0
$8.8
0.01
0.05
0.03
0.03
.1
.1
0.05
0.05
0.01
0.01
0.01
0.01
0.01
0.01
0.01
T/A
T/A
T/A
T/A
F/A
F/A
F/A
T/A
F/A
T/A
F/A
T/A
F/A
T/A
F/A
T/A
F/A
T/A
F/A
T/A
Presentated the U.S. EPA Solid Waste Initiatives on Tribal
Lands delivered at Native American Symposium on Housing
and the Environment in Green Bay, Wisconsin.
Conducted a Tribal Landfill Conference on 40 CFR Part 258,
the process for obtaining U.S. EPA approval for permitting
programs, and recommendations for landfill closure.
Concluded Solid Waste Assessments at Indian Lands in the
Upper Peninsula of Michigan (Sault Ste. Marie, Bay Mills.
Hannahville, Lac Vieux Desert, Keweenaw Bay).
Solid Waste Technical Assistance Project for Bois Forte Indian
Tribe. Assist in the development of tribal recycling program.
community education program, and planning for new solid
waste system.
The Office of RCRA Enforcement acted as a contact point for
any and all questions from the Tribal authorities and members
of the tribe itself.
RCRA Compliance Evaluation Inspections (CEI's) have been
conducted at 9 regulated installations on the White Earth Indian
Reservation and 9 regulated installations on the Keweenaw Bay
Indian Reservation. Results of those insepections were
reviewed for compliance.
Grant award to the Bois Forte Reservation Business
Committee for the development of a landfill closure plan.
Grant award to the White Earth Indian Reservation for a
landfill contamination study.
Monitored FY92 grant to Bad River Band of Lake Superior
Tribe of Chippewa Indians for development of a landfill
closure plan.
Monitored FY92 grant issued to the Stockbridge-Munsee
Community for the development of a tribal recycling program.
Monitored FY92 grant issued to the Hannahville Indian
Community for analysis/evaluation of tribal open dumps and
solid waste disposal practices.
Monitored FY92 grant to the Keweenaw Bay Indian
Community for a recycle center feasibility study.
Monitored FY91 grant to the Red Lake Band of Chippewa
Indians for the development of a solid waste management
program. Grant completed June 1993.
Monitored FY90 grant issued to the Bois Forte Reservation
Business Committee for the development of a solid waste
management program. Grant completed in May 1993.
Monitored FY90 grant issued to the Leech Lake Reservation
Committee for the development of a closure plan and Solid
Waste Management Program, Grant completed December 1992.
55
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
EXP. WORK
OFFICE ($1.000) YEARS TYPE DESCRIPTION
Regions
Region 6
$60.0
$18.6
$90.0
$50.0
0.01
0.01
0.20
1.0
0.02
0.03
0.02
0.02
0.04
0.01
0.01
0.01
0.01
0.05
0.08
0.20
F/A
T/A
F/A
T/A
F/A
T/S
T/A
T/A
F/A
T/A
D/I
T/A
D/I
T/A
D/I
F/A
T/A
D/I
Monitored FY90 grant issued to the Milk Lacs Band of
Chippewa for the development of a Solid Waste Management
Program.
Monitored FY89 grant issued to the Menominec Indian Tribe of
Wisconsin for the development of Tribal recycling program.
Grant completed December 1992.
Participated in Region Regional Indian Workgroup.
Awarded a grant to New Mexico for hiring a tribal coordinator
to provide New Mexico tribes technical support and assistance
on waste management and multi-iurisdictional issues.
Circuit River provided hands-on technical assistance and support
and outreach to Region 6 tribes; also coordinated with other
federal agencies.
Long-range planning for development of tribal legal codes
required by UST/LUST.
Oversight of completion and updating of New Mexico tank
registration database, including provision of direct Technical
Assistance to SEE Liaison and staff of AIPC.
Provision of additional award into SEE Grant to fulfillment of
commitment to provide support to Oklahoma Consortium
GTEQ for its efforts to initiate UST/LUST program activities.
Development of UST materials for distribution to Region 6 as
well as individual consultation with tribal environmental
officials and staff.
Response and coordination of Tribal UST release reports and
remediation efforts, including technical review of corrective
action plans and reports.
Continuation of coordinating efforts with other Regions with
large Indian Populations and provisions of direct input to OUST
HQ on Indian Policy matters as well as serve on Regional and
National Indian Workgroups.
Developmental planning for initiation of Indian Nations
Clearinghouse (coordinative system for technical review and
assistance sharing between consortia).
Workplan development for proper utilization of FY94 SEE
employees for ITEC.
Training of Tribal staff in UST/LUST Regulation application.
Provided S50K for support of UST Consortium in State of New
Mexico (19 Pueblo governments).
Oversight of Senior Environmental Employee Assigned to
AIPC (New Mexico Consortium).
Negotiation for inclusion of 31 tribal governments into second
Consortium initiating UST/LUST activities (Intertribal
Environmental Council of Oklahoma and preliminary planning
for provision of Technical Assistance funding.
56
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
EXP. WORK
OFFICE ($1.000)
YEARS TYPE
DESCRIPTION
Region 6
$45.0
$60.0
0.01
0.09
0.04
0.01
0.01
0.25
0.05
0.15
0.25
0.15
1.0
.15
.25
0.1
T/A
T/A
D/I
D/I
D/I
TVA
T/A
F/A
F/A
F/A
T/A
T/A
T/A
F/A
Planning for initial enforcement actions to be initiated by
Region in conjunction with tribal officials. Efforts of Region
will be coordinated with affected tribal and consortium staff
members. Represents a new effort by Region 6 OUST Indian
liOKiuui.
Provided joint training and guidance in conjunction with Office
of Solid Waste and Superfund Program to both New Mexico and
OUahom Consortia and tribal officials.
Coordination of Indian land responses to Regional information
requests.
Facilitated meetings with consortium staff designed to establish
a yearly plan of action to locate additional resources to aid in
long-range goal of tribal assumption of the UST Program.
Participation in Regional Multi-Media Review Team for
funding allocations.
Continued monitoring Eight Northern Indian Pueblo's grant to
establish comprehensive Solid Waste Management plan with
the Pueblos Council Includes data collection and analysis of
Solid Waste, policy development, monitoring, enforcement, and
education.
Completed Pueblo of Zuiu grant. Solid Waste education and
outreach program involving Tribal citizens including school
children. Grant included pilot composting program and provided
technical assistance to Zuni on development of a quality
assurance/quality control plan for composting.
Continued monitoring Pueblo of Zuni grant to develop and
publish " A Native American Agenda for Action - Solid Waste
Management in the 1990's."
Continued monitoring Taos Pueblo grant to conduct waste
stream analysis for pueblo village, develop educational materials
to increase citizen awareness and create a Pueblo Solid Waste
Management Plan consisting of source reducation, recycling and
disposal
Continued monitoring Santa Clara Pueblo grant to develop
environmental axles and ordinances to regulate solid waste
activities on the Reservation.
Continued the Indian Circuit Rider program to program
technical assistance to Tribes in Region 6.
Participated with HQs in conducting a 2-day seminar on Part
258 for the Oklahoma Tribes.
Participated with HQs in conducting a 2-day seminar on Part
258 for the New Mexico Tribes.
Awarded grant to New Mexico Environment Department for
personnel to promote and coordinate Regional Solid Waste
planning with State, local and Tribal governments.
57
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region?
Region 8
$5.0
$5.0
$5.0
$5.0
$5.0
$6.1
$10.0
$5.0
$10.0
$25.0
$150.0
.10
.10
.10
.10
.10
1.0
.01
.01
.03
.01
.10
.03
.1
.1
0.8
0.2
T/A
Outreach
T/A
Outreach
F/A
T/A
Outreach
Outreach
Outreach
D/I
D/I
F/A
D/I
D/I
Outreach
T/A
Outreach
Assisted Kickapoo, Omaha and Santee Sioux Tribes in the
initial stages of forming comprehensive Solid Waste
Management programs for closure of open dumps.
Completed Cooperative Agreements with all eight tribes in
Region Vn, the Potawatomis Kickapoo. Iowa, Sac and Fort of
Missouri, Omaha, Winnebago, Santee Sioux and the Sac and
Fox) to provide technical assistance in completing plans and
codes for a sound solid waste management program.
Provided assistance, education for implementing recycling and
composting programs on Indian lands, in Region 7.
Provided funding through an IAG to Indian Health Service for
reimbursement to Native Americans in Region 7 for completed
environmental courses on solid waste landfill management.
Provided assistance to Indian owned USTs in Region 7 on
release detection monitoring, cathodic protection systems
suction piping systems and line tightness testing. Must bring
all into compliance by December 22, 1993.
For Circuit Rider position.
Provided traiing funds for Region 8 Tribal members to attend
UST/LUST workshop.
Provided site assessment training on site to (3) tribes.
Oversaw state-led LUST cleanup at Rosebud, Cheyenne River,
Pine Ridge, and Southern Ute Reservations.
Inspected closure at South Ute Reservation.
Supplement current multi-media grant to provide funds for
Tribal legal costs for developing UST regulations.
Conducted lead detection inspections at Uintah and Ouray,
Southern Ute, Flathead, and Blackfoot Reservations.
Provided overall coordination of UST/LUST program for Indian
lands.
Conducted inventory control classes for Blackfeet, Flathead,
Uintah and Ouray, Wind River, Pine Ridge, and Rosebud
residents.
Awarded grant to State of South Dakota for cleanup site work at
sites on South Dakota reservations.
Assisted tribal governments and Federal Indian agencies in
developing MSWLF programs.
Developed and delivered training programs for tribes on the
MSWLF criteria.
58
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Regions
Region 9
$5.0
$15.0
$9.24
$3.6
0.1
.10
.25
.10
.01
.30
.05
Outreach
IAG
Outreach
T/A
T/A
T/A
T/A
T/A
T/A
Initiated tribal Financial Assurance Feasibility Study with
University of New Mexico.
Interagency Agreement with Indian Health Service to provide
Manager of Landfill Operations training and certification to
tribes.
Continuation of recycling and solid waste education and
outreach program initiated in FY92 (Standing Rock Sioux
Tribe).
Conducted SARA Title in Tribal workshops for Multi-Media
Grant recipients. Gave presentations on "SARA Title in on
Indian Lands as compared to States" in training sponsored by
Multi-Media Grant Project Managers for Tribal representatives.
Participated in SARA Title ffl Tribal workshop for members of
he NV Tribal Environmental Coalition (13 tribes) sponsored by
NV Emergency Management Division.
Provided contractor support for a hazards. Vulnerability, and risk
analyses of the Navajo Nation, including transportation
corridors and a worst case scenario. This will be a supplement
to the Regional Response Team (RRT) area plan. Copy will be
given to Navajo Emergency Management Department (NEMD)
to be incorporated into the Navajo Chemical Emergency Plan,
when developed. Made site visit and had numerous
teleconferences with NEMD staff discussing and giving
extensive technical assistance on implementation of SARA
Title HI.
Initiated contractor support for a hazards, vulnerability, risk
analyses including transportation and worst case scenario of the
Hopi Reservation (*to be completed in FY94). Copy will be
given to the Hopi Nation to be incorporated into their Chemical
Emergency Plan, when developed.
Rincon Chemical Emergency Response Plan was reviewed and
comments extensively discussed with Rincon planner.
Participated in review and selection of Multi-Media Grant
applications with Regional Indian Work Group members. Gave
extensive technical assistance on implementation of SARA
Title m, commented on workplans, revisions and quarterly
reports for the following (9) FY93 Multi-Media recipients: AZ:
Fort McDowell Indian Community, San Carlos Apache
Reservation, Tohono O'Odham Reservation, Pyramid Lake
Reservation, NV Tribal Environmental Coalition (13) Tribes;
CA: Hoopa Valley Reservation, and Morongo Band of Mission
Indians.
Provided extensive technical assistance on SARA Title ffl
implementation and proposals for SARA Title ffl Innovative
Technical Assistance Grants for the Salt River Indian
Reservation and the Gila River Reservation.
59
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region 9
$30.0
$85.0
.10
.02
.05
.01
.01
0.05
0.2
0.1
0.1
0.35
0.5
0.2
T/A
Outreach
T/A
Outreach
Outreach
T/A
F/A
T/A
Outreach
Outreach
T/A
Outreach
Outreach
T/A
T/A
Outreach
Provided technical assistance on EPCRA implementation to the
following (8) tribes: AZ: Colorado River Indian Tribe,
Quechan Indian Tribe, Ak Chin Reservation; NV: Walker
River Pauite Tribe; CA: Campo Band of Mission Indians,
Cabazon Band of Mission Indians, Fort Mojave Tribe and
Shingle Springs Rancheria.
Sent invitations and follow-up calls inviting Tribal
Chairpersons and Tribal Environmental Reps to attend Mainland
RRT meetings in San Diego, San Francisco, CA and Phoenix,
AZ.
Joint review with Region DC FEMA and recommendation for
funding of SARA Title in Planning and Training Grants &
HazMat Transportation Uniform Safety Act (HMTUS A)
training grants. TA given to tribes on proposal guidelines.
Presentation on "Comparison of SARA Title III on Indian
Lands and States" at NV SERC meeting.
Sent 140 proposal guideline packages to Region 9 Tribes.
Sponsored and funded SWAN A's Manager of Landfill
Operations inspector and operator certification training for
Region 9 tribes and federal agencies (IHS, BIA).
Conducted two solid waste workshops for Region 9 tribes and
federal agencies in northern and southern California.
Initiated a Solid Waste Workgroup with other Region 9 Federal
Agencies (IHS, BIA) and tribal coalitions (ITCA, ITCN) to
discuss federal solid waste management efforts and cooperation
on Indian lands.
Hired an Indian lands circuit rider through the existing grant
with the National Council of Senior Citizens. The circuit rider
will provide solid waste technical assistance to the Region 9
tribes and federal agencies.
Conducted training and outreach to tribes and federal agencies on
landfill criteria and the STIR. Presented solid waste information
at numerous conferences, workshops and training sessions
sponsored by IHS, BIA, EPA, Inter Tribal Council of Arizona
(ITCA), Inter Tribal Council of Nevada (ITCN), and Tribes.
Informational mail-outs were sent to the 139 Region 9 tribes
and to federal agencies.
Provided solid waste technical assistance to tribes and federal
agencies. Assistance focused on 7 tribal recipients of multi-
media grants incorporating solid waste management, ITCA (and
the 8 tribes receiving funding under the ITCA solid waste multi-
media grant), ITCN, and tribes with commercial landfills.
Awarded a grant to the Rural Community Assistance
Corporation to provide solid waste training and technical
assistance to the Region 9 tribes, with a focus on the California
and Nevada tribes.
60
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
EXP. WORK
OFFICE ($1.000) YEARS TYPE DESCRIPTION
Region 9
Region 10
$10.0
$8.8
$25.0
$90.0
0.1
0.05
0.40
0.25
0.1
0.2
.25
.05
.05
.02
.02
0.30
1.00
T/A
Outreach
T/A
T/A
F/A
T/A
Outreach
T/A
Outreach
T/A
D/I
D/I
D/I
D/I
D/I
T/A
D/I
F/A
T/A
D/I
Outreach
Funded the Southwest Pacific Recycling Association's effort to
develop linkages with Indian Tribes on buying recycled,
cooperative marketing and market development programs.
SPRA is encouraging and partially funding tribal membership
in SPRA. Educational broachures are being developed for
distribution to Indian Tribes.
Completed Inter-Agency Agreement with IHS Tuscon Office to
assist Tohono O'Odham Nation with development of a solid
waste plan.
Reviewed and commented on the Final EIS for the proposed
commercial Campo landfill Provided a technical assistance
review of Campo EPA's draft landfill permit Reviewed a draft
application for RCRA Subtitle D solid waste program
approval.
Provided training for Navajo Nation on Landfill Criteria
(49 CFR Part 258 and State and Tribal Implementation Rule
(STIR). Provided technical assistance for regulatory
development and development of a solid waste program approval
application. Provided assistance to the Navajo Solid Waste
Automated Tracking System (NS WATS) for conducting an
inventory of open dumps and solid waste planning.
Met with Cocopah, Colorado River and Hopi Tribes to discuss
RCRA Subtitle D solid waste program approval.
Coordinated multi-media response to flooding and wash-out
from the Tri Cities Landfill on the Salt River Indian
Community. Sent an information request letter under
CERCLA 104(e) to the Tribe and the three cities of Mesa,
Scottsdale and Tempe. Coordinated remediation efforts with the
Corp of Engineers, Arizona DEQ and the Tribe.
LUST work on Yakima, Colville, Nooksack, Spokane and
Puyallup Indian Reservations.
UST enforcement and site visits/outreach to Washington Tribes.
Complaint response investigation of hazardous waste sites
(post/pole treatment) on Yakima Indian Reservation.
Prepared materials and gave presentation on Used/Waste Oil
Handling at the EPA Tribal Environmental Conference.
Investigated non-NPL hazardous waste site on Colville Indian
Reservation (Chief Joseph Orchard abandoned dumpsite).
Provided assistance for soil gas monitoring program for another
site (Bureau of Reclamantion Brett Pit site).
Conducted a LUST investigation at Toppenish (Yakima
reservation).
Provided oversite of cleanups, closures, inspections, outreach,
and enforcement on all reservations.
61
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
EXP.
OFFICE ($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 10
$12.0
$3.3
$2.0
$3.0
$.7
$1.0
$19.0
$3.0
0.35
0.1S
0.50
0.45
0.41
0.12
0.07
0.10
0.02
0.03
0.025
0.1
.05
.03
.02
0.05
0.1
0.05
D/I
Outreach
TA
T/A
D/I
D/J
DA
Outreach
Outreach
Outreach
Outreach
Outreach
Outreach
Outreach
Outreach
T/A
T/A
Outreach
F/A
D/I
D/I
Mailings to Indian UST coordinators included facility updates,
regulatory changes, and training and outreach material available.
Permitted all operational UST facilities providing an updated
notification form.
Formal enforcement underway and expedited tickets issued and
being processed for a variety of UST regulatory violations at
various UST facilities on all nervations for variety of UST
regulatory violations.
Maintained Indian land UST database. Previously unknown
closures and unidentified UST sites are being processed as well
as more recent closures, new facilities, and changes. LUST
worksheet used to input data into database has been completed.
Worked with Idaho. Oregon, and Washington Tribes to develop
a better understanding of Subtitle D, parts 257 and 258.
Assisted in the development of a model solid waste ordinance
for use of Region 10 tribes as they develop or update their
ordinances.
Encouraged and assisted Idaho, Oregon, and Washington tribes
as they begin the process of identifying and understanding their
solid waste management options.
Encouraged Idaho, Oregon and Washington tribes to consider
opportunities for improving their solid waste management
through source reduction, recycling, and composting.
Discussed with tribes, and referred for resolution when
appropriate, issues and activities affecting ground water and
wetlands on or near Indian lands in Idaho, Oregon, and
Washington.
Discussed with tribes clean air enhancing strategies, such as
freon reclamation projects, in Idaho, Oregon, and Washington.
Encouraged and assisted tribes in the development of concepts
and strategies for youth education projects.
State/Tribal Solid Waste Program Approval. Responded to
Tribal Comments on State Application through Federal
Register and follow-up letter, held conversations with state to
inform/resolve concerns.
Municipal Solid Waste Landfill Criteria and Program approval.
Responsed to questions, provided outreach materials.
Participated in national workgroup on RCRA Partial
Authorization Proposed Rule. Developing Rule to Authorize
Tribes for RCRA Hazardous Waste Programs.
Participated in Region 10's Indian Workgroup. Hazardous
Waste Program member.
Outreach/Education: Hazardous Waste and Used Oil issues on
Indian lands.
Awarded Makah Solid Waste Planning Grant for evaluating
alternatives to reservation-based landfill operation.
Developed, reviewed and commented on EPA national and
regional Indian policy issues, regulations and strategic plans.
EPA Region 10 Environmental Conference for Indian Tribes.
62
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 10
HQ
$5.0
$65.0
$30.0
$60.0
$17.5
$16.0
$530.0
$4.0
$10.0
$175.0
$30.0
$50.0
.1
0.1
0.1
0.2
0.1
0.05
0.05
.10
.10
.4
.05
.05
.05
.25
.10
.10
.5
D/I
F/A
T/A
T/A
F/A
T/A
D/I
D/I
D/I
Outreach
F/A
Outreach
Outreach
Outreach
T/A
F/A
Outreach
F/A
Outreach
Outreach
Solid Waste Program support for one Alaskan Circuit Rider.
Region 10 Solid Waste Innovative Grants Program for the
development of household hazardous waste programs in Alaska
and the translation of the Trash Management Guide into the
Yupik language.
Monitored Northwestern Circuit Rider.
Management of the Region 10 multi-agency Solid Waste
Network techniacal assistance team.
Technical assistance for solid waste planning on reservations in
Washiungton, Oregon and Idaho.
Region 10 Solid Waste Tribal Scholarship Program.
Technical assistance for the development of a model solid waste
ordinance for illegal dumping of garbage.
Funding of $140,000 to Region 8. $120,000 to Region 10 and
$90,000 each to Regions 5,6, and 9 for training of tribal
members, site assessments, corrective action, and hiring circuit
riders and senior environmental employees.
Developed UST/LUST National Native American Lands Policy
Statement
Conducted general program coordination with OFA, OGC, other
OSWER and regional offices.
Provided assistance in the preparation of the Native American
Network and the Conference Report of the First National Tribal
Conference on Environmental Management
Provided grant support for the development of IndianNet, a
tribal communication network.
Participated in two tribal meetings in Region 6 by presenting
sessions on Subtitle D issues.
Presented training sessions at BIA Area Directors meeting at the
request of BIA
Participated in the development of a primer for tribes on
Subtitle D permit program approval.
Provided contract support for a variety of activitiees including:
Regional tribal meetings, tribal code reviews, assistance to
Cherokkee, NC in developing regional solid waste management
plan, training presentations, regulatory support, preliminary
support for Second National Tribal Conference, STIR primer for
tribes, tribal access to SRPB bulletin board.
Provided funding for two presentations to EPA staff on Indian
Law.
Initiated the development of a joint EPA/VISTA project for the
Native Alaskan Villages.
Circuit Rider positions for Regions 4, 6, 7, 9 and 10.
63
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
RCRA PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
, DESCRIPTION
HQ
$10.0
$15.0
$15.0
$20.0
$22.0
$20.0
.25
.10
.10
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Represented OSW on Indian workgroup; participated in mk-
malting and other inter and intra agency activities; established
and maintained communications with Tribes and tribal
organizations.
Grant assistance to AIO for the development and
implementation of IndianNet, a tribal communications network.
Grant assistance to the Blackfeet tribe for the development
of a solid waste management code.
Grant assistance to Flathead tribe for the development of a
solid waste management code.
Grant assistance to the Makah Indian reservation for the
development of a solid waste management plan.
Grant assistance to Rocky Boys Indian Reservation to
support a solid waste collection, transportation and off-site
management system.
Grant assistance to NTEC for development and implementation
of a tribal peer match program.
Grant assistance to the Gila River tribe for the
development of a hazardous waste management program.
64
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOMD WASTE AND EMERGENCY RESPONSES
CERCLA/SARA PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 5
Region 6
Region 7
Region 8
$151.4
$12.5
$5.0
$20.0
$40.0
$718.4
$847.9
$4.0
$12.6
.10
0.2
0.38
.1
.25
.10
.10
0.25
0.25
0.05
0.25
0.30
0.30
0.10
.01
T/A
T/A
T/A
F/A
T/A
T/A
T/A
T/A
T/A
D/I
F/A
T/A
D/I
D/I
T/A
T/A
F/A
F/A
Information dissemination to all tribes on Title til, and
HMTUSA.
Negotiated Inter-Agency Agreement with DOI for their funding
up to $250,000 to extinguish a fire and site remediation at a
landfill located on the Tonawanda Band of Seneca Reservation.
EPA provided technical assistance in evaluating the situation
and in managing the response.
Administered FY92 CERCLA/SARA CORE grants for St
Regis Mohawk Tribe. Awarded FY93 CERCLA/SARA CORE
grant
Assessment of hazardous waste dumping on Tuscarora Indian
Reservation (1 Barrel), analysis of disposal options.
The Oneida Tribe of Wisconsin continues to draw on
Cooperatrivc Agreement initiated in FY90 to enable them to
participate in the RI/FS process at the Fort Howard Sludge
Lagoon Site in Green Bay, Wisconsin.
Title III implementation on Indian land. First Responder-
Awareness Level training. Multi-media work group
participation grant oversight
First Responder- Awareness Level course presentations and TAT
oversight
Technical Assistance Team (TAT) contractors involved in
presenting First Responder-Awareness Level courses.
Continued technical assistance to the Cherokee Nation Office of
Environmental Services (CNOES) during the development
phase of their CERCLA Site Assessment program.
Continued technical assistance to the Pueblo Office of
Environmental Programs (POEP) during the development phase
of their CERCLA Site Assessment Programs.
Negotiation and award of Management Assistance funding to the
Navajo Nation for interaction with Region 6 at the United
Nuclear and Prewitt NPL sites through a Support Agency
Cooperative Agreement
Provided technical assistance to the Inter-Tribal Environmental
Council of Oklahoma in adding 12 Tribal Governments to the
original 20-member ITEC.
Negotiation and award of a Core Program and Multi-Site
Cooperative Agreement (S445K and S273.4K, respectively) to
the All Indian Pueblo Council of New Mexico.
Negotiation and award of a Core Program and Multi-Site
Cooperative Agreement (S400.5K and S447.3K, respectively) to
the Inter-Tribal Environmental Council of Oklahoma.
Provided training and guidance to the Oklahoma and Pueblo
Tribes in Superfund procurement and administration.
Sponsored 2-day SARA Title III/Comunity Right-to-Know
workshop to Region 7 Tribes.
Awarded 305(a) grant to Cheyenne River Sioux Tribe for
recognition and identification of hazardous materials.
Awarded 305(a) grant to Salish and Kootenai Tribes for
awareness level course.
65
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
CERCLA/SARA PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 8
N
Region 9
Region 10
$9.8
$4.0
$4.0
$7.1
$4.0
$30.0
$10.0
$35.0
$53.0
0.10
0.05
0.05
0.05
0.05
0.02
0.15
0.06
.01
0.6
0.05
0.01
0.5
F/A
F/A
F/A
F/A
F/A
D/I
D/I
D/I
D/I
D/I
T/A
D/I
T/A
Outreach
F/A
T/A
T/A
D/I
Awarded 305(a) grant to Crow Tribe for introduction to
Emergency Management
Awarded 305(a) grant to Fort Peck for Leadership and Influence,
Public Policy for Responders and Decision-Making, and
Problem Solving courses.
Awarded 305(a) grant to Standing Rock Sioux Tribe for
Recognition and Identification, Incident Analysis courses.
Awarded 305(a) grant to Southern Ute Tribe for Incident
Analysis course.
Awarded 305(a) grant to Three Affiliated Tribes at Ft Berthold
Emergency Planning course.
Entered into AOC with Stone Container Inc. that requires that
the company to characterize and clean-up soil and ground water
contamination at a former wood treatment facility located on the
Yavapai-Prescoa reservation. EPA Region 9 is overseeing the
work.
Performed site assessments at four aerial applicators on the
Colorado River Indian reservation. The data collected will
be used to determine whether any of these sites presented an
imminent and substantial endangerment and need removal
actions.
Performed an emergency removal on the Augustine
Indian reservation near Thermal, C A. Over 20 drums of
abandoned hazardous material and wastes were removed and
property disposed of.
Performed an emergency removal on the Monrongo
Indian reservation near Banning, CA. Abandoned and corrosive
organic laboratory wastes were removed and sent off-site for
disposal.
Performed a time critical removal on Navajo Nation lands near
Montezuma Creek, UT. Six drums of abandoned hazardous
waste were packed and sent off-site disposal.
Superfund samples collected from Elem Rancheria (CA).
Quality assurance (review QA project plans and grants. WP and
WS laboratory PE studies).
Training for Navajo Superfund Staff on preparing sample plans.
Distributed HMTUSA materials to Washington Tribes.
Provided follow-up assistance to Upper Skagit and Quileute
tribes.
Region 10 Superfund provided management assistance funds to
Puyallup Tribe to allow the Tribe to activiely participate in
cleanup at the Commencement Bay Superfund Site, Tacoma,
WA and to support the Puyallup Land Claims Settlement Act
Prepared of a Quality Assurance project plan in support
of Superfund remedial investigation.
CIS data tapes and other miscellaneous support for
investigations of the Tulalip landfill superfund site.
Superfund Site Manager supports environmental cleanups on
216 acres of property to be transferred to the Puyallup Tribe
under the Puyallup Land Claims Settlement Act (25 U.S.C.
1773)
66
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSES
CERCLA/SARA PROGRAMS
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
HQ
$0.5
$2.0
$20.0
$50.00*
$30.0*
0.02
0.03
0.025
0.038
0.005
0.013
0.005
.05
.02
3.0
D/I
D/I
D/I
D/I
D/I
D/I
D/I
T/A
F/A
T/A
Responded to inquiries involving implementation of Subpart O
regulation and provided general program coordination with
OFA. OGC, Regional and other OSWER offices.
Coordinated with Regional Indian Coordinators to develop
Support Agency Cooperative Agreements with Tribes at
Superfund sites affecting Indian lands and clarify EPA policy in
regard to TAG awards to Indian Tribes.
Participated in planning the 1994 2nd National Tribal
Conference on Environmental Management
Participated in the IWG, the TAS workgroup, the EPA
Interagency Indian Environmental Discussion Group, and the
Interagency Working Group on Native American Issues for
CERCLA Reauthorization.
Prepared and presented information on Indian Tribal
involvement in the Superfund program at the National Indian
Work Group meeting.
Collected financial and activity data on Indian Tribal
participation in the Superfund program from EPA information
databases.
Recruited an Indian Tribal educator to participate in EPA's
Summer Teachers Institute.
Contributed funding for the Tribal Lands Environmental Science
Scholarship Program.
Conducted the Superfund Response Agreements Seminar, at
which approximately 10% were Tribal representatives.
Assisted DOT in development of Hazardous Materials
Transportation Act (HMTA) Training Grants program for tribes.
Reviewed grant applications and participated on panel to
recommend funding. (CEPPO)
Reviewed SARA 305(a) grant applications and participated in
FEMA panel to recommend funding. (CEPPO)
Tribal scholarship program contributed to OSWER. (CEPPO)
Gila River grant for Clean Air 1 12(r) program development.
(CEPPO)
Awarded to Salt River high risk/high priority grant (CEPPO)
*The proposals are not yet awarded.
67
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
THE OFFICE OF ENFORCEMENT
AND COMPLIANCE ASSURANCE
EPA's Office of Enforcement and Compliance Assurance (OECA) has regulatory responsibility
for ensuring compliance with environmental standards in a wide range of areas affecting the
quality of life. EPA's enforcement philosophy is to encourage voluntary compliance by
communities and private industry and, as mandated by Federal laws, to oversee direct
enforcement activities performed by State and local governments to meet environmental
standards. The Agency initiates enforcement actions to protect the public health and the
environment when voluntary compliance has not been achieved.
Management of the EPA Indian Program is located in Office of Federal Activities (OFA) which
is within OECA. OFA is responsible for the oversight of the program. OFA coordinates the
Agency's efforts in working to ensure that EPA programs can be implemented on Indian
reservations. OFA is responsible for establishing effective liaison and coordination between
EPA and other federal agencies on environmental issues; for assuring that EPA's programs
comply with the goals and requirements of the National Environmental Policy Act and related
environmental legislation; and for coordinating implementation of EPA's programs related to
protection of human health and the environment on Indian reservations. OFA's programs are
multi-media in nature. In addition, support and guidance are given to Regional Indian
Program Coordinators, who serve as the primary contacts for the tribes, at the EPA regional
offices and oversee regional activities with Indian tribal governments. Finally, OFA works to
build tribal capacity through providing direct funding, technical assistance and training to tribal
leaders and staff.
68
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region 4
Regions
0.15
0.2
0.3
0.5
3.0
1.0
0.3
0.3
T/A
D/I
D/I
D/I
D/I
D/I
D/I
Awarded and overviewed multi-media grants to five tribes in
Region IV.
Visited and consulted with the tribes in the Region assisting
them with EPA liaison and grant procedures. Attended
meetings which covered various environmental areas.
Regional Indian Program Coordinator (RIPQ continued work as
primary liaison for tribes and tribal organizations. States , and
other Federal agencies on EPA Indian Policy and Regional
Indian Program. Provided advice, training, technical assistance,
planning functions, meetings, specific projects, funding
information, etc.
RIPCs overall coordination of Regional Indian program by
working with PMD Indian Program staff. Regional Indian
Workgroup (RIWG), Regional management, and HQ; chairing
RTWG meetings; developing workplans. grant policies &
criteria. Regional guidance, briefing materials and memoranda,
program initiatives; representing Region on National Indian
Workgroup and at meetings with Indian organizations, Tribal
governments. State and Federal agencies, and universities.
Region 5 Indian Environmental Liaisons (IEL): General on-site
facilitation and assistance in the implementation and
administration of environmental programs on Indian lands.
Facilitation of MOUs (e.g., Tribal-State MOU for UST) and
special projects (e.g., National Hazardous Waste pilot project
with the Menominee Tribe). Face-to-face contact and
interaction as a resource to Tribes, providing advice on EPA
Indian communication between Tribes, EPA, local, State and
Federal agencies and organizations. Notification of training and
funding opportunities.
Senior Environmental Employee Position: conducted special
projects in evironmental education and other initiatives for
technical assistance, outreach and environmental education
efforts with Region 5 tribes.
Various planning and management reporting both to Region and
HQ; coordination of Regional Indian Workgroup; coordination
with the Great Lakes National Program Office; inclusion of
tribal concerns in various initiatives; provision of answers
controlled correspondence and other call-letters, etc. Performed
by all Indian Program staff.
Administration of 24 multi-media awards to all 29 Region 5
tribes through cooperative agreements to address diverse tribal
environmental priorities. Work performed by multi-media
project officer, ELs, and RIPC. Work years covered in multi-
media section.
Activities as Lead Region for Indian Program: quarterly reports,
issue papers, regulation reviews, and general Regional input to
national agendas.
69
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
RegkxiS
Region 6
Region 7
Region 8
Region 9
$40.0
$20.0
$13.4
0.2
1.0
.50
.50
.10
1.0
0.8
1.5
0.8
.2
1.75
T/A
T/A
T/A
T/A
T/A
F/A
T/A
D/I
T/A
F/A
F/A
T/A
D/I
T/A
NEPA facilitation and assistance: Provision of technical
assistance and expertise as needed for specific tribal projects and
issues. Advice for development of EIS/EA processes. Tribal
NEPAs, and to address concerns regarding various reviews of
EIS's and EA's affecting Indian lands in Region 5.
Development and Provision of "Principles of Environmental
Assessment" training module to five Region 5 tribes.
Coordinated five-State Regional Indian Program. Regional
Manager Multi-Media Assistance to Tribes Program; Member.
EPA National Indian Work Group; serves on a number of EPA
National and Regional Work Groups and Advisory Committees,
including Environmental Justice, Clean Air Act Regulations,
Cultural Diversity. American Indian Advisory Committee, and
Treatment as a State; coordinates and provides consultation to
all media/programs for 66 tribes in five-State Region; chairs 50-
member Regional Indian Work Group; and provdes close
coordination with Regional Solid Waste "Circuit Rider,"
working exclusively with tribes.
Coordination of Regional Indian Program; project manager for
Multi-media assistance agreements;; member EPA National
Indian Workgroup; provided regional coordination for American
Indian Advisory Council; member General Assistance
workgroup; coordination with 2 Senior Environmental
Employees.
Senior Environmental Employee circuit rider, liaison between
EPA and Regional Tribes.
Development of CIS Region 7 Tribal Database.
Awarded funds under existing grant to CERT for administration
of the Tribal Internship program. One Native American rotated
through the various programs in the Region.
Continued a tribal Comparative Risk Study with OPPE
Headquarters. Study involves tribes with multi-media grants
and incorporates the data review and assessments these tribes are
undertaking through their multi-media efforts.
Provided overall coordination of Indian Program; spoke with
multi-media tribes on a regular basis to provide information and
assistance on multi-media program development; worked with
tribes to ensure progress reports in a timely fashion; reviewed
and commented on proposed workplans.
Provided information and assistance on multi-media program
development; worked with tribes to ensure progress reports were
submitted in a timely fashion; reviewed and commented on
proposed workplans.
Provided assistance management, application process, project
monetary and closeout
Provided technical assistance and training, advice and
management assistance.
Incorporated tribal components to State PPIS awards in CO, UT
and MT. Also participated in P3 project to Devils Lake Sioux.
Senior Environmental Employees providing liaison between
Tribes and the EPA Regional Office programs.
70
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF ENFORCEMENT ANH CQMPLIANCEASSURANCE
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region 9
Region 10
$1.3
$1.0
2.0
.05
.6
.2
0.75
.03
.01
.10
.01
.05
.01
.02
.02
.01
.01
.01
D/I
T/A
T/A
T/A
F/A
T/A
T/A
D/I
Outreach
D/I
T/A
D/I
Outreach
D/I
Outreach
DA
D/I
Coordination of issues affecting Region's 139 Federally
recognized Tribal governments. Act as main point of contact
for Tribes. Participate in Regional and National Indian Work
Groups. Coordinate with other Federal agencies having
responsibilities for working with Tribal governments.
Completed Final EIS. Cahuilla development of EA, Cabazon
development of EA, conducted scoping of Navajo Nation 10-
year Timber Plan, worked on Glen Canyon Dam pre-EIS with
several tribed were affected and participated as cooperative
agencies and worked on Black Mesa Section 404 issue.
Grant review; technical assistance and oversight to tribes; mini
training sessions, continued active parrticipation on Indian
Work Group and Navajo Task Force; funded new tribes and/or
new programs.
Conducted on-site review of Navajo Nation administrative
systems in Window Rock, AZ. Conducted follow-up from
Superfund Management Assistance Program visit of prior year.
Conducted study of Indian Program in Regional Office including
an assessment of Indian program coordination functions and
how best to target resources to Tribes.
Performance on the 206 CWA grant awarded the Nez Perce
Tribe was researched and meetings were held with Idaho RA,
Water Chief and Liaison to get on track.
Filed deviation request on Nez Perce grant, requesting extension
of time.
Visited all Idaho Tribes with Region 10 Indian Coordinator.
Completed visit reports and filed. Sent out "thank you " letters
to tribes, and addressed issues that came up at the meetings.
Attended Indian Workgroup meeting in Washington, D.C.
Collaborated with Region X and 100 staff members to prepare a
Tribal Customer Survey for Idaho Tribes. The results should
show how effective the tribes feel EPA is performing.
Attended NW Summer Symposium at University of Idaho.
Hosted by Coeur D'Alene Tribe and Nez Perce Tribe. Topic
"Economic Development."
Participated on the Idaho Committee on Indian Education. Set
goals and recommendations for improving American Indian
Education. This was through the State Board of Education,
State Board of Education, Alliance of Idaho Tribes and State
Division of Vocational Education.
Attended Marysville Tribal Environmental Conference.
Coordinated Air Panel from Idaho Tribes for presentation to
attendees.
DEQ, EPA State and Region X met in Seattle to discuss
process for smooth transition to Tribal WQS. We have two
tribes very close to achieving their own standards and want to
assure their success.
Attended Indian Law Seminar in Denver, Co.
Attended Treaty Workshop hosted by Nez Perce Tribe of Idaho.
Chief of Forest Service was keynote speaker.
71
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE
EXP.
OFFICE (SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region 9
Region 10
-.
.02
.01
.01
.01
.15
.15
.01
.01
.03
T/A
T/A
D/I
DA
T/A
T/A
D/I
T/A
T/A
Organized and attended Career Fair booth at the Nez Perce
Reservation. All local schools in area attended.
Participated in the 106 CWA and Multi-Media grant process
selections. Meetings were conducted by teleconference and face*
to-face.
Attended Clean Lakes meeting for Tribes in Yakima, W A and
presented by the Watershed Section.
Represented and attended the Indian Workgroup meetings in the
Seattle Office Region X.
Idaho Operations. Region X, hosted a Grant Accounting
Workshop for all Region X Tribes.
Researched and produced a Tribal Environmental Directory.
Federal and State offices and contacts as well as all Tribes were
included. Update on directory in process at this time.
Attended National IWG in Pheonix, AZ.
Researched Federal and State offices in Idaho for water data for
workshop presented in Seattle, WA by NW Renewable
Resources. Contacts were used for presenters at the workshop.
Contacted the Idaho Tribes for pollution prevention grant
proposals, Multi-Media, Wetlands and 106.
72
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
MULTI-MEDIA/GENERAL ASSISTANCE PROGRAM
Typically, tribal requests for EPA assistance involve more than one Program Office; in those
instances, the statutes require the tribes to account individually for funds provided by each
program. This prevents an integrated environmental approach and creates a high paperwork
burden. In an effort to alleviate this, the Agency requested more flexibility in assisting the
tribes to build their overall environmental management capacity. Congress, in response to the
Agency's request, provided the Agency with die authorization to issue multi-media grants.
The intent of the multi-media/general assistance program is to provide maximum flexibility for
the Agency to work with federally recognized tribes and tribal consortia to plan, develop and
establish the most suitable environmental management programs for their reservations. In
other words, multi-media assistance agreements are intended to assist Indian tribes in
developing die capacity to manage their own environmental programs by providing an
integrated and streamlined means for die tribes to receive federal assistance. Multi-media
assistance agreements offer die opportunity for tribes to develop an integrated environmental
program and develop die capability to manage specific delegated programs.
The Indian Environmental General Assistance Program Act of 1992, was enacted October 24,
1992. The regulations implementing the Act was published in die Federal Register on
December 2,1993, by die EPA. This Act and die regulation created die General Assistance
Program which replaces die EPA's Multi-Media Assistance Program in FY94. The General
Assistance Program will provide funding assistance to federally-recognized tribal governments
and tribal consortia for die purpose of planning, developing and establishing die capability to
implement environmental management programs.
73
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OFFICE
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
MULTI-MEDIA/GENERAL ASSISTANCE PROGRAM
EXP.*
($1,000)
**
WORK
YEARS TYPE
DESCRIPTION
Region 1
Region 2
Region 4
Region 5
$35.0
$80.0
$65.0
$70.0
$109.0
$117.0
$78.5
$3.7
$79.570
$64.570
$49.570
$34.570
$26.720
$27.879
$33.502
$33.108
$38.826
$22.743
$63.747
.10
.05
.05
0.1
.02
.02
.02
.02
.02
.02
T/A
T/A
T/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Awarded to the Passamaquoddy Tribe of Indian Township.
Awarded to the Wampanoag Houlton Malisect Tribe.
Awarded to the Wampanoag Tribe of Gay Head Tribe.
Awarded to Nashantucket Pequot Tribe.
Awarded an additional multi-media cooperative agreement to the
St Regis Mohawk Tribe Cor development of its regulatory
process, development of tribal data basse, environmental
newsletter, and management plan.
Awarded an additional multi-media cooperative agreement to the
Seneca Nation of Indians for its management plan, development
of procedures to assess environmental impacts, educational
efforts, and consortium building.
Awarded an additional multi-media cooperative agreement to the
Oneida Indian Nation for its environmental assessment and
development of a management plan and regulatory codes.
Awarded $616.719 to the Region IV Tribes.
Analyzed and counseled on multi-media grants to Indian Tribes.
Reviewed TAS, General Assistance, Indian Law Enforcement
Regulations and Guidance and policies.
Participated in IWG and ILAWG conference calls and activities.
Awarded to the Eastern Band of Cherokee Indians Tribe.
Awarded to Miccosukee Indian Tribe of Florida Tribe.
Awarded to Seminole Indian Tribe of Florida Tribe.
Awarded to Mississippi Band of Choctaw Indian Tribe.
Awarded to Poarch Tribe of Indians, AL.
Multi-media award augmentation for completion of second-year
multi-media grant to Inter-Tribal Council of Michigan. (2nd
year grant began with partial FY92 funding).
Multi-media award augmentation for completion of second-year
multi-media grant to Oneida Tribe of Wisconsin. (2nd year grant
began with partial FY92 funding).
Multi-media award augmentation for completion of second-year
multi-media grant to Sault Ste. Marie Band of Lake Superior
Chippewas, Michigan. (2nd year grant began with partial FY92
funding).
Multi-media award augmentation for completion of second-year
multi-media grant to Sokaogon Band of Chippewas, Wisconsin.
(2nd year grant began with partial FY92 funding).
Multi-media award augmentation for completion of second-year
multi-media grant to Lac Courte Oreilles Reservation,
Wisconsin. (2nd year grant began with partial FY92 funding).
Multi-media award augmentation for completion of second-year
multi-media grant to Bad River Band of Lake Superior
Chippewas. Wisconsin. (2nd year grant began with partial FY92
fuding).
Represents funds pooled from Regional and HQ accounts.
** Represents efforts expended at the Regional level.
74
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
MULTLMEDIA/GENERAL ASSISTANCE PROGRAM
OFFICE
EXP.* WORK**
($1.000) YEARS TYPE
DESCRIPTION
Regions
$26.477
$28249
$49.554
$53.0
$26.525
$26.0
$8.063
$56301
$28.0
$53.0
$28.0
$21.788
$17.092
$18.83
$28.877
$28.0
.02
.02
.02
.05
.05
.05
.05
.05
.05
.05
.05
.05
.05
.05
.05
.05
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Multi-media award augmentation for completion of second-year
multi-media grant to Red Gift Band of Lake Superior
Chippewas, Wisconsin. (2nd year grant began with partial FY92
funding).
Multi-media award augmentation for completion of second-year
multi-media grant to Fon du Lac Reservation, Minnesota. (2nd
year want began with partial FY92 funding).
Multi-media award augmentation for completion of second-year
multi-media grant to Grand Portage Reservation, Minnesota.
(2nd year grant began with partial FY92 funding).
Renewed multi-media grant to the Stockbridge-Munsee Tribe,
Wisconsin. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Renewed multi-media grant to the White Earth Reservation,
Minnesota. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Renewed multi-media grant to the Leech Lake Reservation,
Minnesota. Forward-funded with FY93 funds for partial
completion of Y94 activities.
Renewed multi-media grant to Bois Forte Reservation,
Minnesota. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Renewed multi-media grant to Red Lake Band of Chippewas,
Minnesota. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Renewed multi-media grant to Lac du Flambeau Band of
Chippewa, Wisconsin. Forward-funded with FY93 funds for
partial completion of FY94 activities.
Renewed multi-media grant to Forest County PotawatomI,
Wisconsin. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Renewed multi-media grant to Prarie Island Sioux Reservation,
Minnesota. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Renewed multi-media grant to Si Croix Reservation,
Wisconsin. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Renewed multi-media grant to Menominee Tribe of Wisconsin.
Fbward-funded with FY93 funds for partial completion of FY94
activities.
Renewed multi-media grant to WinnebAgo Business
Community, Wisconsin. Forward-funded with FY93 funds for
partial completion of FY94 activities.
Renewed multi-media grant to the Keweenaw Bay Reservation,
Michigan. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Renewed multi-media grant to the Upper and Lower Sioux
Communities, Minnesota. Forward-funded with FY93 funds for
partial completion of FY94 activities.
* Represents funds pooled from Regional and HQ accounts.
** Represents efforts expended at the Regional level.
75
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OFFICE
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
MULTI-MEDIA/GENERAL ASSISTANCE PROGRAM
EXP.*
($1.000)
WORK'
YEARS TYPE
DESCRJFnON
Region5
Region 6
Region?
$99.95
$21.396
$17.11
$42.111
$19.438
$18.716
$28.322
$26.929
$7.581
$50.0
$49.536
$50.0
$200.0
$165.0
$150.0
$45.0
$45.0
.05
.05
.05
.05
.05
.05
.05
.05
.05
.05
0.05
0.05
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Third year of multi-media program to Inter-Tribal Council of
Michigan. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Third year of multi-media program to Sault Ste. Marie Band of
Chippewas, Michigan. Forwarded-funded with FY93 funds for
paritial completion of FY94 activities.
Third year of multi-media program to Oneida Tribe of
Wisconsin. Forwarded-funded with FY93 funds for partial
completion of FY94 activities.
Third year of multi-media program to Sokaogon Band of
Chippewas, Wisconsin. Forward-funded with FY93 funds for
parital completion of FY94 activities.
Third year of multi-media program to Lac Courte Band of
Chippewas, Wisconsin. Forward-funded with FY93 funds for
parital completion of FY94 activities.
Third year of multi-media program to Bad River of Chippewas,
Wisconsin. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Third year of multi-media program to Red Cliff Band of
Chippewas, Wisconsin. Forward-funded with FY93 funds for
partial completion of FY94 activities.
Third year of multi-media program of Fond du Lac Reservation,
Minnesota. Forward-funded with FY93 funds for partial
completion of FY94 activities.
Third year of multi-media program to Grand Portage .
Reservation, Minnesota. Forward-funded with FY93 funds for
parital completion of FY94 activities.
First year multi-media grant awarded to Mille Lacs Band of
Chippewa, Minnesota.
Awarded to Shakopee Mdewakanton Sioux Community.
Awarded to Cheyenne and Arapaho Tribes of Oklahoma.
Awarded to the Cherokee Nation Tribe of Oklahoma.
Awarded to the Jicarilla Apache Tribe of Oklahoma.
Awarded to the All Indian Pubelo Tribe of New Mexico (New
Mexico Consortia -19).
Awarded cooperative agreement to Sac & Fox Tribe Multi-
media activities, including solid waste issues pesticide
appplication training, water quality assessment, radon testing,
UST monitoring, and Environmental Education.
Awarded cooperative agreement to the Winnebago Tribe of
Nebraska for activities including a phase n wetlands study,
water quality data base development. Environmental Education,
development of a solid waste management plan.
* Represents funds pooled from Regional and HQ accounts.
** Represents efforts expended at the Regional level.
76
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
MULTI-MEDTA/GENERAL ASSISTANCE PROGRAM
OFFICE
EXP/
(SI.OOP)
**
WORK
YEARS TYPE
DESCRIPTION
Region?
RegionS
Region 9
$55.0
$45.0
$45.0
$75.0
$75.0
$75.0
$60.0
$45.0
$20.0
$45.0
$60.0
$60.0
$45.0
$50.0
$1,000.0
$96.8
$75.0
0.05
0.05
0.05
.10
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Awarded cooperative agreement to the Kickapoo Tribe of Kansas
for activities including air quality standards, solid waste codes,
recycling, UST monitoring, water quality assessment, wetlands
assessment, Environmental Education.
Awarded cooperative agreement to the Santee Sioux Tribe of
Nebraska for activities including water quality assessment, solid
waste codes, recycling plan. Environmental Education, Radon
testing, UST monitoring, Toxic substance investigation.
Awarded cooperative agreement to the Potawatomi Tribe of
Kansas for activities including water quality assessment, solid
waste codes, pesticide application training, and Environmental
Education.
Awarded new cooperative agreement to the Crow Tribe to
initiate the development of a multi-media environmental
program.
Awarded new cooperative agreement to the Turtle Mountain
Band of Chippewa Indians to initiate the development of a
multi-media environmental program.
Awarded new cooperative agreement to the Blackfeet Tribe to
initiate the development of a multi-media environmental
program.
Awarded an additional cooperative agreement to the Cheyenne
River Sioux Tribe to continue the development of a multi-
media environmental program.
Awarded an additional cooperative agreement to the Fort Peck
Tribe to continue the development of a multi-media
environmental program.
Awarded an additional cooperative agreement to the Fort
Belknap Reservation to continue the development of a multi-
media environmental program.
Awarded an additional cooperative agreement to the Confederated
Salish and Kootenai Tribes to continue the development of a
multi-media environmental program.
Awarded an additional cooperative agreement to the Yankton
Soux Tribe to continue the development of a multi-media
environmental program.
Awarded (?) toArapahoe & Shoshone Wind River Reservation
of Wyoming.
Awarded (?) to Southern Ute Tribe of Colorado.
Continued Cooperative Agreement to the Duck Valley
Shoshone Paiute Tribe.
Continued Cooperative Agreement with the Inter Tribal Council
of Arizona.
Awarded New Cooperative Agreement to Tohono O'Odham
Nation.
Awarded New Cooperative Agreement to Hoopa Valley Tribe,
CA.
* Represents funds pooled from Regional and HQ accounts.
** Represents efforts expended at the Regional level.
77
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
MULTLMEDIA/GENERAL ASSISTANCE PROGRAM
OFFICE
EXP.'
($1.000)
WORK**
YEARS TYPE
DESCRIPTION
Region 9
Region 10
$75.0
$80.0
$35.0
$25.0
$35.0
$40.0
$70.0
$50.0
$50.0
$50.0
$50.0
$50.0
$65.0
$95.0
$140.9
$90.9
$140.9
$90.9
$162.7
$90.9
$90.9
$90.9
.10
.07
.1
F/A
F/A
F/A
F/A
F/A
F/A
F/A
T/A
T/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
Awarded New Cooperative Agreement to Pyramid Lake Paiute
Tribe, NV.
Continued Cooperative Agreement to the NV Indian
Environmental Coalition through the Inter Tribal Council of
Nevada.
Continued Cooperative Agreement to the San Carlos Apache
Tribe.
Continued Cooperative Agreement to the Ft. McDowell Tribe.
Continued Cooperative Agreement to the White Mountain
Apache Tribe.
Continued Cooperative Agreement to the Morongo Band of
Mission Indians.
Continued Cooperative Agreement to the Navajo Nation.
Provided oversight for 14 grants issued as Multi-Media in FY92
as part of the NWIFC Washington Coordinated Tribal
Water Quality Program.
Provided assistance to 26 Washington tribes and NWIFC for the
coordinated tribal program. Worked with 13 tribes and NWIFC
as assigned in developing workplans and submitting grant
applications. Attended monthly NWIFC/tribal coordination
meetings.
Awarded grant to Warm Springs Tribe of Oregon.
Awarded grant to Kootenai Tribe of Idaho.
Awarded grant to Association of Village Council presidents of
Alaska (formerly Village of Kwethluk (AK)(48 Villages)..
Awarded grant to Burns Paiute Tribe of Oregon.
Awarded grant to Umatilla Tribe of Oregon.
Awarded grant to Chaguchmiut (AK) (formerly Village of
Tatitlek(AKX4 Villages).
Awarded to S. Puget Inter-Tribal (five Washington
Tribes).
Awarded grant to Quileute Tribe of Washington.
Awarded grant to Swinomish Tribe of Washington.
Awarded grant to Upper Skagit Tribe of Washington.
Awarded grant to Sauk-Sauiattle Tribe of Washington.
Awarded grant to Suquamish Tribe of Washington.
Awarded grant to Lummi Tribe of Washington.
Awarded grant to Nooksack Tribe of Washington.
Awarded gramt to Tulalip Tribes of Washington.
* Represents funds pooled from Regional and HQ accounts.
** Represents efforts expended at the Regional level.
78
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
MULTI-MEDIA/GENERAL ASSISTANCE PROGRAM
OFFICE
EXP.*
($1.000)
WORK**
YEARS TYPE
DESCRIPTION
Region 10
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$90.9
$181.8
$136.6
$90.9
.01
.1
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
F/A
T/A
DA
Awarded grant to Stillaguamish Tribe of Washington.
Awarded grant to Muckleshoot Tribe of Washington.
Awarded grant to PuyalhiD Tribe of Washington.
Awarded grant to Nisqually Tribe of Washington.
Awarded grant to Squaxin Island Tribe of Washington.
Awarded grant to Skokomish Tribe of Washington.
Awarded grant to Port Gamble Tribe of Washington.
Awarded grant to Jamestown Tribe of Washington.
Awarded grant to Lower Elwha Tribe of Washington.
Awarded grant to Makah Tribe of Washington.
Awarded grant to Hoh Tribe of Washington.
Awarded grant to Shoalwater Bay Tribe of Washington.
Awarded grant to Quinault Tribe of Washington.
Awarded grant to Yakima Indian Nation of Washington.
Awarded grant to Colville Confederated Tribe of Washington.
Awarded grant to Spokane and Kalispel Tribes of Washington.
Awarded gramt to N.W. Indian Fisheries of Washington.
Awarded grant to Chehalis Confederated Tribes of Washington.
Provided oversight for 3 Washington tribal multi-media grants.
Reviewed and evaluated 17 proposals for tribal multi-media
grants. Assigned Project Officer duties for 5 grants awarded to
Washington tribes/consortia. Provided assistance in revising
workplans and submitting grant applications.
* Represents funds pooled from Regional and HQ accounts.
** Represents efforts expended at the Regional level.
79
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF POLICY. PLANNING AND EVALUATION
OPPE provides a broad analytical perspective to Agency management on issues related to
policy-making, thus its work is often programmatic or interdisciplinary in nature. OPPE
manages the Agency's Strategic Planning and Management System as well as the Regulatory
Management and Information Collection processes, provides program evaluation and statistical
consultation to EPA's Program Offices and Regions, and reviews annual budget submissions
of Agency programs. OPPE conducts policy analysis, strategic thinking, and innovations in
areas such as climate studies, economic research, risk management and communication,
regulatory negotiations, and environmental and environmental innovations. OPPE also
provides regulatory review and analysis to give the Administrator the quality control and
independent analyses necessary to make intelligent regulatory decisions. OPPE also has
Regional counterparts-Planning, Evaluation and Analysis staffs-who report to the Assistant
Regional Administrators.
80
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF POLICY. PLANNING AND EVALUATION
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 9
Region 10
HQ
$2.0
$0.3
$0.3
$30.0
$21.1
$27.5
$21.5
$125.7
$20.0
$8.3
$82.0
0.72
0.2
0.12
0.10
0.03
0.25
D/I
T/A
T/A
F/A
F/A
F/A
F/A
F/A
T/A
T/A
T/A
T/A
Drinking water aerification inspection/training for Tobono
O'dham, Colorado River, NTUA and Navajo Agricultural
Products laboratories.
Sample containers sent to tribes in CA. AZ, NV; 469 samples
received and analyzed for lead in Region 9 Laboratory.
Laboratory contract to Alpta Analytical (UWah) for
microbiological analyses of drinking water samples from N. CA
tribes.
Awarded Kwethluk LR.A. Council to develop and implement a
Pollution Prevention Education Program.
Awarded Swinomish Tribal Community to initiate a Pollution
Prevention Outreach Program.
Awarded Shoshone-Bannock Tribes for a Pilot Bio-Remediation
Project
Awarded Chugachmiut for the Chagach Village Waste Water
Treatment Planning Project
Awarded Jamestown S'Klallum Tribe to initiate a Multi-Media
Pollution Prevention Outreach Program.
Comparative risk evaluation of environmental problems faced
by eight Tribes in Region 8. Tribes have defined the problem
areas, set project goals, set project schedule, and are collecting
data and considering methods and criteria.
Report released of comparative risk evaluation of environmental
problems faced by eleven Tribes in Wisconsin. Risk
management discussions and work with Federal agencies is
underway.
Assisted Turtle Mountain Band of Chippewa in developing a
CIS-based Environmental Information System to enhance
Tribes's environmental protection efforts, especially ground
water and radon.
Fish consumption survey conducted and analyzed through a
cooperative agreement with the Columbia River Inter-Tribal
Fish Commission. Four Tribes participated.
81
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF GENERAL COUNSEL
OFFICE OF REGIONAL COUNSEL
EXP. WORK
OFFICE ($1.000) YEARS TYPE DESCRIPTION
Region 2
Region 4
RegionS
Region 6
Region?
RegionS
0.6
0.2
2.0
0.30
0.05
0.20
0.20
0.05
.10
.55
.15
Outreach
D/I
D/I
D/I
D/I
D/I
D/I
D/I
Outreach
T/A
Provided legal counsel to program offices regarding general
Indian law matters, jurisdictiona! issues and EPA enforcement
policy and protocol; reviewed grant applications and workplans;
participated in National Indian Attorney Workgroup and
Regional Indian Workgroup.
Assisted in Indian legal matters in support of the Regional
Indian Coordinator and other divisional enforcement/assistance
matters.
Provided legal counsel to program offices and Tribes. Reviewed
and commented on EPA draft policies and regulations and Tribal
TAS applications. Co-chair of EPA Indian Attorney
workgroup; Chair of Enforcement and Tribal/State MOU
subgroups. Participated in Regional and National IWGs.
Provide extensive advise on Indian law to expanding programs
in the Region, with increase over last year, i.e., solid waste,
CAA, TAS process regarding WQS, PSW, and Clean Lakes.
Monthly Indian law conference calls, played a major role in
annual EPA Indian Law conference and FBA seminar.
Extensive research and advice on UIC programs in Indian
Country. Reviewing tribal codes; meeting with tribal and
governmental personnel (BIA, etc.) on the law and responsibles.
Provided instructions to tribal leaders on eligibility and the EPA
approach to sovereignty.
Provided legal advice on eligibility and various sources of EPA
grants. Review and advice on grant and work program issues.
Assisted in developing capability of a tribe to manage a
CERCLA removal action. Monitored and provided advice on
action to 90% completion. Workgroup representative on
National UST team plus establishing program to the
consortium.
Defended law suit directly related to the EPA approval of a
tribe's WQS.
Advised programs on new CAA eligibility and opportunity for
tribes.
Provided support and advice to regional program offices for legal
review of TAS applications, grant applications, interagency
MOA's and jurisdictional issues. Participated in Indian
attorney's workgroup.
On-going advisory to program offices; support to Region 8
input as lead region to EPA Indian regulation-writing task force;
TAS application reviews and approvals; on-going assistance to
UIC program in developing appropriate response to State
pressures to allow state a role in regulating on-reservation
activities; support in developing parameters for a state/tribal
MOU on UST regulation; coordination with OGC and R8
program offices in developing generic Federal Register lasguage.
EPA CAA Indian Regulation National Workgroup. Support to
OPMO. OAQPS. OGC in analysis, scoping and drafting the
regulation implementing the Indian amendment to the Clean Air
ACL
82
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF GENERAL COUNSEL
OFFICE OF REGIONAL COUNSEL
OFFICE
EXP.
(Sl.OOO)
WORK
YEARS TYPE
INSCRIPTION
RegionS
.15
T/A
Support to Region 8 Deputies Task Force in developing
regional planning and strategy documents for implementing
Indian programs in Region 8.
.15
T/A
Support to OE and Region 8 regarding problems of
environmental equity on Indian reservations. On-going
advisory; respond to inquiries from tribes. Native American
Rights Fund, and Association of American Law Schools.
Region 9
1.0
D/I
Provided legal counsel to program offices regarding general
Indian law matters, jurisdictional issues, and EPA enforcement
actions on Indian lands. Served as co-led of the EPA Law
Attorneys Workgroup and participated in national and regional
Indian Workgroup meetings and activities. Participated on
regional Navajo Task Force and Native American Program
Study. Served as active participant in EPA National
workgroups to develop Treatment as a State Simplification
regulations, RCRA Hazardous Waste Indian regulations, and
EPA Guidance for the conduct of enforcement action against
TribaUy owned or operated facilities. Developed a paper on
RCRA Subtitle D Implementation on Tribal lands for the EPA
Indian Attorney Workgroup. Delivered numerous presentations
at EPA and Tribal meetings.
3.0
D/I
Provided legal advice and enforcement support to Region 9
program offices in connection with a number of activities
involving the Navajo Nation. Provided jurisdictional and Clean
Air Act legal support in connection with EPA's development of
source-specific Federal Implementation Plans for the Four
Corners Power Plant and the Navajo Generating Station
Power Plant. Provided direct legal support to the Navajo
Nation (through the use of intermittent IP A funding) for the
development of Navajo Superfund and RCRA Hazardous Waste
codes and overall program capability in these areas. Completed
review and drafted decision in connection with the Navajo
Nation's application for Treatment as a State under Section 106
of the Clean Water Act Now reviewing and preparing to issue
a decision on the Navajo Treatment as a State application to
Provided ongoing jurisdictional support in relation to UIC
permitting activities in the Eastern Navajo Agency. Provided
legal support for EPA's RCRA enforcement actions against
Tooh Dineh, Inc. and NTUA. Provided ongoing legal support
for the Region's enforcement and related work in connection
with the Bluewater and Sheep Dip Vats matters under
CERCLA. Provided legal support for the Region's review of
the Navajo Nation's solid waste code and related questions
concerning the development and EPA approval of a Navajo
Subtitle D permitting program under RCRA..
83
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF GENERAL COUNSEL
OFFICE OF REGIONAL COUNSEL
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region 9
0.40
D/l
Provided legal counsel to program offices in connection with
two proposed waste facilities on the Campo and La Posta
Reservations. This work has continued to involve issues under
several environmental statutes, including NEPA, RCRA, the
CAA, and the SOW A, as well as ongoing jurisdictional
concerns. Re vie wed and drafted decisions for three CW A
Treatment as a State applications (from the Campo Band [319],
the Morongo Band [106], and the Hopland Band [106]. Provided
legal advice in connection with RCRA Subtitle D's application
to landfills on several reservations, including Salt River,
Laytonville, and Round Valley. Provided legal and enforcement
support in connection with prior CERCLA actions on the
Hoopa, Cocopah and Yavapai-Prescott reservations, as well as
ongoing RCRA actions on the Gila River Reservation (UST
and Subtitle C actions). Also provided legal support for SDWA
enforcement actions on various Tribal lands (San Pasquale,
Washoe, Lone Pine and lone lands), and in connection with the
Campo Bands's application to develop a permitting program
under Subtitle D of RCRA.
84
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF PUBLIC AFFAIRS
EXP.
OFFICE ($1.000)
WORK
YEARS TYPE
DESCRIPTION
Region 2
Region?
Region 10
HO
$25.0
$5.0
$5.0
$207.0
0.05
1.0
.10
1.0
1.0
.01
.10
1.0
.10
0.05
.33
D/l
F/A
D/I
Outreach
T/A
Outreach
F/A
Outreach
Outreach
Outreach
T/A
F/A
Press release for multi-media assistance, participation in
Regional Indian workgroup to prepare for EPA meeting with
Indian Nation leaders.
Provided partial funding for E2 training for teachers for Native
American students (Haskell Indian Junior College provided
faculty). The grant also supported, inpart, a science and math
camp for Native American High School students.
Assisted with Environmental Education component of all multi-
media grants.
Provided Tribal outreach newsletter including upcoming events,
activities, deadlines and training courses of interest to the
Regional Tribes.
Provided Environmental Education grant to the Kickapoo Tribe
of Kansas.
Assisted in outreach activities at Haskell Indian Junior College
Career Fair.
Provided EPA presentations to Haskell Indian Junior College
Native American High School summer envireonmental camp.
Outreach to High School and College students for cooperative,
stay-in-school, and summer programs.
Service on Natural Resource Advisory Board for Haskell Indian
Junior College.
Awarded grant to the Chugachmiut Native organization
household environmental education for Native villages in the
Prince William Sound region of Alaska.
Tribal lands Environmental Science Scholarship programs.
85
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF REGIONAL OPERATIONS AND
STATE/LOCAL RELATIONS (OROS/LR/OA)
EXP. WORK
OFFICE ($1.000) YEARS TYPE DESCRIPTION
HQ
OROS/LR and the Office of the Administrator together have
established a Tribal Operations Committee (TOC) which will
provide a forum for tribal officials and senior EPA management
to discuss important issues that impact the management of
environmental programs on tribal lands. OROS/LR will also
Chair and continue the Tribal Capacity Task Force (TCTF). that
will examine the factors that influence tribal program
development and determine the means through which EPA can
best assist tribes in building long term strength to implement
environmental mandates.
86
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT
OFFICE OF ENVIRONMENTAL EQUITY
In November of 1992, EPA established the Office of Environmental Equity (OE2) to address
the disproportionate environmental risks borne by the nation's people of color and low-income
communities. Environmental justice is the term most commonly used to categorize these
environmental concerns. As defined, environmental justice is the fair treatment of people of all
races, income and education levels, and cultures, with respect to the development,
implementation, and enforcement of this country's environmental laws, regulations, and
policies. Fair treatment implies that no person or group of people should shoulder a
disporportionate share of the negative environmental impacts resulting from the execution of
this country's domestic and foreign policy programs.
OE2 coordinates communication, outreach, education and training of the public on
environmental justice issues, provides technical and financial assistance to outside groups on
justice concerns, and serves as a central repository of environmental justice information. OE2
has developed a hotline ( 1-800-962-6215) to receive calls from individuals who have
particular environmental justice concerns of issues to discuss.
OE2 formed the "Equity Indian Study Group" to coordinate with EPA Headquarters and
Regional staff to determine the environmental justice issues facing American Indians and
Alaska Native Villagers. The Study Group is drafting a "position paper" to report on its
findings and its recommendations for addressing the environmental justice concerns and
issues. The Study Group will distribute the draft to tribes for comment before publication.
For FY 1994, OE2 hopes to initiate a new "Small Grants Program" to provide additional
money for local environmental projects and outreach efforts. These funds will be made
available to grass-roots, community, non-profit, and tribal organizations, tribal governments,
and educational institutions through advertised competition. The awards will be made for grant
proposals up to $10,000.
87
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
OFFICE OF ENVIRONMENTAL EQUITY
OFFICE
EXP.
($1.000)
WORK
YEARS TYPE
DESCRIPTION
HQ
$30.0
15.0
30.0
20.0
.01
.20
.05
.10
.03
.10
.02
.02
F/A
T/A
D/I
T/A
D/I
Outreach
F/A
F/A
T/A
T/A
D/I
Awarded cooperative agreement to Salish-Kootenai Tribal
College for four year environmental science degree program
development-curriculum development
Coordinated Equity Indian Study Group work to determine
environmental justice issues facing tribes.
Financially supported and participated in Tribal Environmental
Investigations Training Program.
Participated in Headquarters and National Indian Workgroup
meetings and teleconferences.
Visited Santa Clara, San Juan, San Ildefonso and Pkuris
Pueblos: AIPC/POEP and NTEC.
Awarded grant to AISES for undergraduate fellowships in
environmental science and related fields.
Provided funds to support Region 8 tribal comparative risk
project
Worked with tribes who called on hotline to discuss
environmental justice concerns.
Participated in the USET conference, providing environmental
justice perspective.
Reviewed and Analyzed "new" Agency rules, regulations, etc. to
ensure tribal environmental justice issues were considered.
88
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
NON-CATOGORICAL FUNDING
OFFICE
EXP.
(SI.OOP)
WORK
YEARS TYPE
DESCRIPTION
Region 2
Regions
Region 10
$9.9
$9.4
$149.8
.05
.05
.05
.5
.01
F/A
T/A
F/A
T/A
F/A
Environmental Education giant awarded to the Oneida Indian
Nation to fund the development of an environmental education
curriculum entitled "Teaching Native American Environmental
Ethics" through traditional stories and legends.
Extension of Region 5 Indian Landmaps to cover the entire Great
Lakes Basin (U.S. Portion).
Provided technical advice and assistance to Tribal government in
establishing a CIS for the reservation.
Reviewed and approved process for Quality Assurance Project
Plans (QAPP) for Region 5 Tribal programs. In total, 13
QAPPS were received and/or approved and one laboratory
certification update.
Awarded Environmental Education (EE) grants to Benton County
Conservation District and Yelm School District Benton County
will involve Yakima Indian Nation to integrate tribal cultural
values in curricula designed for air quality. Yelm will involve
Nisqually Tribe to develop watershed protection curricula.
Washington Operations Office (WOO) Tribal Liaison assigned
Project Officer duties.
Provided information about Pollution Prevention Incentives to
States (PPIS) grants to 26 Washington Tribes and assisted with
grant application process.
Awarded PPIS grants to Jamestown S'Klallam and Swinomish
Tribes.
89
-------
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
(Region 8
Colorado
Montana
North DoKota
South Dakota
Utah
Uyoning
r\egion 5
Illinois
Indiana
Michigan
Minnesota
Ohio
Uisconsin
Region 2
New York
New Jersey
rPuerto Rico
Virgin Islands
egion 10
Alaska
Idaho
Oreaon
Uashhoton
qegion
Rrizona
California
Hawaii
Nevada
F\egion 7
Iowa
Kansas
Missouri
Nebraska
(\egion 1
Connecticut
Maine
Massachusetts
Hew Haroshire
Rhode Island
Uernoht
egion 3
Deleuare
Maryland
Pennsylvania
Virginia
LJest Uirginia
*[there are no
federally-recognized
tribes in Region 3]
(egion 6
Rrkansas
Louisiana
Oklahoma
New Mexico
Texas
Region H
Hlabama
Florida
Georgia
KentucKy
Mississippi
North Carolina
South Carolina
Tennessee
90
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EPA INDIAN WORK GROUP COORDINATORS: REGIONS
Anne Fenn
Indian Program Coordinator
EPA Region 1 (PAG 2300) (617) 565- 3927
JFK Federal Building FAX: 617/565-3346
Boston, MA 02203
Christine Yost
Indian Program Coordinator
EPA Region 2 (2PM-EI) (212)264-6722
26 Federal Plaza FTS: 212/264-6693
New York, NY 10278
Arthur Linton
Indian Program Coordinator
EPA Region 4 (EAB-4) (404)347-3776
345 Courtland SL, NE FAX: 404/347-5066
Atlanta, GA 30365
Casey Ambutus
Indian Program Coordinator
EPA Region 5 (5MEI4) (312)353-1394
230 South Dearborn St. FAX: 312/353-4135
Chicago, IL 60604
Ernest Woods
Indian Program Coordinator
EPA Region 6 (6E-FF) (214) 655-7454
1445 Ross Avenue FAX: 214/655-7446
Dallas, TX 75202
Roxanne DiLaura
Indian Program Coordinator
EPA Region 7 (913)551-7810
762 Minnesota Avenue FAX: 913/551-7467
Kansas City. KS 66101
Chris Lehnertz
Indian Program Coordinator
EPA Region 8 (8OEA) (303) 294-1115
999 18th Street FAX: 303/294-7665
Denver, CO 80202
RoccenaLawatch
Indian Program Coordinator
EPA Region 9 (E-4) (415)744-1602
75 Hawthorne Street FAX: 415/744-1604
San Francisco, CA 94105
Steven Roy
Indian Program Coordinator
EPA Region 10 (WD-136) (206) 553-2118
1200 Sixth Avenue FAX: 206/553-1775
Seattle, WA 9810
91
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EPA INDIAN WORK GROUP MEMBERS: HEADQUARTERS
Martin D. Topper, Phฃ>
National Indian Program Coordinator
US EPA (2252)
401 M Street, SW
Washington, DC 20460 (202)260-5051
FAX: 202-2604129
Tina Parker
Indian Program Coordinator
Office of Air and Radiation
US EPA(ANR-443)
401 M Steet, SW
Washington, DC 20460 (202)260-6584
FAX: 202-245-8509
Caren Roihstein
Indian Program Coordinator
Office of Water
US EPA(WH-556)
401 M Street
Washington, DC 20460 (202) 260--6412
FAX: 202-2600587
Thomas E. Hooven
Indian Program Coordinator
Office of Pesticides and Toxic Substances
US EPA (TS-788)
401 M Street, SW
Washington, DC 20460 (202)260-2906
FAX: 202-260-1874
Charlene Dunn
Indian Program Coordinator
Office of Solid Waste and Emergency Response
US EPA (OS-110)
401 M Street, SW
Washington, DC 20460 (202)26(W510
FAX: 202-260-8929
David F. Coursen
Office of General Counsel
US EPA(LE-132G)
401 M Street, SW
Washington, DC 20460 (202) 260-4554
FAX: 202-260-8393
Janice Berry-Chen
Indian Program Coordinator
Office of Regional Operations and
State/Local Relations
US EPA (H1502)
401 M Street, SW
Washington, DC 20460 (202) 260-6188
FAX: 202-260-9365
Danny Gogol
Indian Program Coordinator
Office of Environmental Equity
US EPA
401 M Street, SW
Washington, DC 20460 (202) 2604392
FAX: 202-260-0852
92
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
GLOSSARY OF ACRONYMS
AARP = American Association of Retired People
AIAC = American Indian Advisory Council
AffC = All Indian Puebto Council of MM
AISES = American Indian Science and Engineering Society
AIO = Americans for Indian Opportunity
AK= State of Alaska
ANY = Alaskan Native Village
AO=Administrative Order
AQ = Air Quality
AQM - Air Quality Monitoring
ASHAA = Asbestos in Schools Hazard Abatement Act
ATNI = Affiliated Tribes of Northwest Indians
AZ = State of Arizona
BIA = Bureau of Indian Affairs
C&T = Certification and Training
CA = State of California
CAA = Clean Air Act
CEPPO = Chemical Emergency Preparedness and Prevention Office
CERCLA = Comprehensive Environmental Response, Compensation and Liability Act
CERT = Council of Energy Resource Tribes
CO = State of Colorado
CR = Circuit Rider
CRTT = Colorado River Indian Tribes
CWA = Clean Water Act
D/I = Direct Implementation
DOI = Department of Interior
DMR = Discharge Monitoring Report
EE = Environmental Education
EIS = Environmental Impact Statement
EPA = Environmental Protection Agency
EPCRA = Emergency Planning Community Right to Know Act
ESD = Environmental Sciences Division
F/A = Financial Assistance
FEMA = Federal Emergency Management Agency
93
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
GLOSSARY OF ACRONYMS
FIFRA = Federal Insecticide, Fungicide and Rodenticide Act
FTS = Federal Telephone System (Federal Communications Netwoik)
FY = Fiscal Year (October 1 - September 30)
GIS = Geographic Information System
GW = Groundwater
GWP = Groundwater Protection
HQ = EPA Headquarters (401 M St., SW. Washington. DC 20460)
HMTUSA = Hazardous Materials Transportation Uniform Safety Act
HUD = Department of Housing and Urban Development
HW = Hazardous Waste
HWM = Hazardous Waste Management
IA = State of Iowa
IAG = Inter-agency Agreement
ID = State of Idaho
IGA = Inter-govemental Agreement
IHS = Indian Health Service
ILAWG = Indian Law Attorney Work Group
IPA = Inter-governmental Personnel Agreement
IRAA = Indoor Radon Abatement Act
ISA = Indian Set-Aside
ITCA = InterTribal Council of Arizona, Inc.
IWG = Indian Work Group
KS = State of Kansas
LCCA = Lead Contamination Control Act
LUST = Leaking Underground Storage Tank
MI = State of Michigan
MN = State of Minnesota
MOA = Memorandum of Agreement
MOU = Memorandum of Understanding
MRWA = Minnesota Rural Water Association
MS = State of Mississippi
MT = State of Montana
NCAI = National Congress of American Indians
NE = State of Nebraska
NEIWPCC = New England Interstate Water Pollution Control Commission
94
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
GLOSSARY OF ACRONYMS
NEPA = National Environmental Policy Act
NM = State of New Mexico
NPL = National Priorities List
NPS = Non-Point Source
NPDES = National Pollutant Discharge Elimination System
NPSP = Non-Point Source Project
NRC = Nuclear Regulatory Commission
NTEC = National Tribal Environmental Council
NTUA = Navajo Tribal Utility Authority
NV = State of Nevada
NWIFC = Northwest Indian Fisheries Commission
NY = State of New York
OAQPS = Office of Air Quality Planning & Standards
OAR = Office of Air and Radiation
OCM = Office of Compliance Monitoring
OCR = Office of Congressional Relations
ODW = Office of Drinking Water (within OW)
OE = Office of Enforcement
OFA = Office of Federal Activities (within OE)
OGC = Office of General Counsel
OGWDW = Office of Groundwater & Drinking Water
OHRM = Office of Human Resources Management
OK = State of Oklahoma
O&M = Operation and Maintenance
OPP = Office of Pesticide Programs
OPPE = Office of Policy. Planning and Evaluation
OPTS = Office of Pesticides and Toxic Substances
OR = State of Oregon
ORC = Office of Regional Counsel
ORD = Office of Research and Development
OROS/LR = Office of Regional Operations and State/Local Relations
OSW = Office of Solid Waste
OSWER = Office of Solid Waste and Emergency Response
OWPE = Office of Waste Programs Enforcement (within OSWER)
95
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
GLOSSARY OF ACRONYMS
Outreach = Initial Communication
OUST=Office of Underground Storage Tanks
OW = Office of Water
pCi/1 = Picocuries per liter (measurement for radon)
PHS = Public Health Service
POEP = Pueblo Office of Environmental Protection
PM-10 = Paniculate Matter Smaller than Ten Microns in Size (a National Ambient Air Quality Standard)
PNWIS/AWMA = Pacific Northwest International Section/Air and Waste Management Association
PPIS = Pollution Prevention Incentives to States
PRP = Potential Responsible party
PSD = Prevention of Significant Deterioration (CAA)
PSIS = Pascal Sherman Indian School
PWS = Public Water System
PWSS = Public Water System Supervision
QAPP = Quality Assurance Project Plans
RA = Regional Administrator
RCRA = Resource Conservation and Recovery Act
RIWG = Regional Indian Work Group
SARA = Superfund Amendments and Reauthorization Act
SD = State of South Dakota
SDW = Safe Drinking Water
SDWA = Safe Drinking Water Act
SEE = Senior Environmental Employee
SF = Superfund
SFEB = Seattle Federal Executive Board
SLR = State/Local Relations
SN1 = Seneca Nation of Indians
SPIPA = South Puget Intertribal Planning Agency (Skokomish, Squazin Island, Chehalis, Shoalwater Bay, Nisqually
consortium)
SRMT = St. Regis Mohawk Tribe
SSAD = Sole Source Aquifer Demonstration
SSC = Skagit System Cooperative
SW = Solid Waste
96
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ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 93
GLOSSARY OF ACRONYMS
SWM = Solid Waste Management
T/A = Technical Assistance
TAS = Treatment as a State
TCTF = Tribal Capacity Task Force
TESC = The Evergreen State College
TIP = Tribal Implementation Plan
Title n = Construction Grant Program for Wastewater Treatment Facilities (CWA)
Title m = Emergency Planning/Community Right to Know Act (EPCRA)
TOC = Tribal Operations Committee
TSCA = Toxic Substances Control Act
TWQS = Tribal Water Quality Standards
UIC = Underground Injection Control
USDA = US Department of Agriculture
UST = Underground Storage Tank
UT = State of Utah
UW-AISES = University of Washington chapter, American Indian Science and Engineering Society
VOC = Volatile Organic Chemical
WA = State of Washington
WHP = Wellhead Protection (SDWA)
WI = State of Wisconsin
WOO = Washington Operations Office (Region 10)
WQ = Water Quality
WQM = Water Quality Management
WQS = Water Quality Standards
WSU-AISES = Washington State University chapter, American Indian Science and Engineering Society
WWM = Wastewater Management
WWT=Wastewater Treatment
WWTF = Wastewater Treatment Facilities
WY = State of Wyoming
97
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23 ELR 101
ENVIRONMENTAL LAW REPORT) i
NEWS & ANALYSIS
9-93
ARTICLE
Tribes as States: Indian Tribal Authority to Regulate and Enforce
Federal Environmental Laws and Regulations
by David F. Coursen
Editors' Summary: The principles of federalism, state primacy, and tribal
sovereignty all impact how federal environmental regulations are implemented
and enforced on Indian lands. In recent years, Congress increasingly has
crafted environmental protection laws that expressly provide recognized tribes
with mechanisms for assuming authority to operate programs under those
statutes, similar to provisions for states :;> obtain such authority. Yet many
important federal environmental laws leave uncertain the ro.'s of Indian tribes
in enforcing federal regulations on Indian lands. The courts, thus, have been
left with the task of determining whether tribes may nonetheless receive author-
ity to operate programs established by these laws under other, usually "in-
herent authority" or treaty-based, theories. The author reviews the environ-
mental laws and regulations, and EPA's policies on treating tribes as states
for purposes of assuming program authority. Pie author describes the federal
statutes that expressly authorize EPA to treai tribes as states, including the
Clear. Water Act, theSDWA, the Clean Air Act, andCERCLA. He next discusses
EPA's implementation of regulation? to effect this authority, including tribal
requirements, the effects of being upprovedfor treatment as a state, EPA's
attempt to simplify the process of approval, and the Agency's CERCLA regu-
lations. The author analyzes federal environmental laws that do not expressly
authorize treating tribes as states, including RCRA, FIFRA, TSCA, EPCRA,
and the Pollution Prevention Act. He then discusses the key legal issues
surrounding treating tribes as states, including jurisdiction over programs
through inherent, or aboriginal tribal authority, and through delegated author-
ity from Congress. The author concludes with a discussion of EPA's Indian
policy to encourage tribal self-determination, including tribal assumption of
regulatory and program management on Indian lands.
Environmental regulation is a complex process involving
legislative mandates, agency interpretations and rules,
and administrative and judicial enforcement. The process is
made more complex by the United States' system of federal-
ism, which recognizes the sovereign nature of the federal
government, state governments, and Indian tribes.' Thus, fea-
Mr. Coursen has been an attorney for the U.S. Environmental Protection
;ency's Office of General Counsel in Washington, D.C., since 1987.
iously, he was a staff attorney for the U.S. Court of Appeals for the
i Circuit. He graduated from the University of Oregon Law School.
r. Coursen most recently authored Institutional Controls at Superfund
Sites, 23 ELR 10279. The views expressed in this Article are solely (lie
author's and do not represent the views of EPA.
1. The sovereignty of Indian tribes is well-established both in federal
statutes and common law, and is at the heart of modern Indian law.
Yet, it is well-established in case law that Indian tribes are subject
to the U.S. Constitution and Congress' comprehensive system of
mr. v
Ci
!
eral environmental laws put the federal government in a lead-
ership role in environmental management, but preserve the
concepts of state primacy and tribal sovereignty. This means
that the U.S. Environmental Protection Agency (EPA or the
Agency) often shares its responsibilities under environmental
laws with state or Indian tribal governments.
Generally, environmental statutes define a federal, or a
joint state and federal, role in environmental management,
laws established to regulate Indian affairs. See Johnson v. Mclntosh,
21 U.S. (8 Wheat.) 543.573-74,591-92 (1823) (doctrine of discovery
through which United States obtained title to land); Cherokee Nation
v. Georgia, 30 U.S. (5 Pet.) 1, 17-18 (1831) (tribes are domestic
dependent nations); Lone Wolf v. Hitchcock, 187 U.S. 553, 568
(1903) (tribal lands transferred into allotments; treaty abrogated;. It
is also well-established that federal laws also apply to Indians and
to Indian lands. Federal Power Commission v. Tuscarora Indian
Nation, 362 U.S. 99 (1960).
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9-93
NEWS & ANALYSIS
23 ELR 102
often providing authority for the states to take the lead.
These statutes, however, are not all equally clear in defining
the authority and role of Indian tribes in managing reser-
vation lands. Although several environmental statutes are
partially or completely silent about the role of Indian tribes,
other major environmental laws define a tribal role and
explicitly authorize EPA to treat Indian tribes in a manner
lations promulgated under several environmental laws de-
fine how tribes are treated as states.
Statutes Expressly Authorizing EPA to Treat Tribes as
States
The Clean Water Act (CWA),2 the Safe Drinking Water
Act (SDWA),3 and the Clean Air Act (CAA)* all authorize
EPA to promulgate regulations specifying how the Agency
will treat tribes in the same manner in which it treats states. 5
All three statutes require that a tribe, in order to be treated
as a state, must be federally recognized, 6 have a governing
body carrying out substantial duties and powers,7 have
jurisdiction over the area it proposes to regulate,8 and be
capable of the activities it proposes to undertake. ' All three
also recognize the possibility of federal program implemen-
2. Federal Water Pollution Control Act, 33 U.S.C. งง1251-1387. ELR
STAT. FWPCA 1-110. Pub. L. No. 95-217, ง2. 91 Stat. 1566 (1977)
states that "[t]his Act may be cited as the 'Federal Water Pollution
Control Act' (commonly referred to as the Clean Water Act)." The
1972 amendments. Pub. L. No. 92-500. 86 Stat. 816, so thoroughly
changed the federal law of water pollution control that the post-1972
FWPCA simply came to be known as the Clean Water Act. For
ease of reference and to avoid confusion, this Article will refer to
(he statute in its current form as the Clean Water Act (CWA).
3. 42 U.S.C. งง300f-300j-26, ELR STAT. SDWA 001-024 (also known
as the Public Health Service Act, Title XIV).
4. 42 U.S.C. งง7401-7671q, ELR STAT. CAA 1-194.
5. The CWA directs EPA "in consultation with Indian tribes, [to]
promulgate final regulations which specify how Indian tribes shall
be treated as States" under the Act CWA ง518(e), 33 U.S.C.
ง1377(e). ELR STAT. FWPCA 106. The SDWA and the CAA both
direct EPA to issue regulations "specifying those provisions of [the
respective Acts] for which it is appropriate to treat Indian tribes as
States." SDWA ง1451(b)(l), 42 U.S.C. ง300j-l l(b)(l). ELR STAT.
SDWA 021; CAA ง301(d)(2). 42 U.S.C. ง7601 (d)(2), ELR STAT.
CAA 141.
6. CWAง518(hX2).33U.S.C.ง1377(hX2),ELRSTAT.FWPCA 107 (defining
"tribe" as entity "recognized" by the secretary of the Interior); SDWA
ง1401(14), 42 UJS.C. ง300f(14), ELR STAT. SDWA 002 (definition of
tribe as entity with federally recognized governing body) and SDWA
ง1451(bXlXA), ง300j-ll(bXlXA), ELR STAT. SDWA 021 (identifying
recognition as prerequisite to eligibility for treatment as state); and CAA
ง302(r), 42 U.S.C. ง7602(r), ELR STAT. CAA 142 (definition of "tribe"
as federally recognized entity).
7. CWA ง518(e)(l), 33 U.S.C. ง1377(e)(l), ELR STAT. FWPCA 106;
SDWA ง1451(b)(l)(A). 42 U.S.C. ง300j-ll(b)(l)(A), ELR STAT.
SDWA 021; and CAA ง301(d)(2)(A), 42 U.S.C. ง7601(d)(2)(A).
ELR STAT. CAA 141.
8. CWA ง518(e)(2), 33 U.S.C. ง1377(e)(2), ELR STAT. FWPCA 106
(requirement that tribe be proposing to manage water resources
within the borders of a reservation); SDWA ง1451(b)(l)(B), 42
U.S.C. ง300j-ll(b)(l)(B), ELR STAT. SDWA 021 (requirement
that functions which tribe proposes to exercise must be within area
of tribal government's jurisdiction); and CAA ง301(d)(2)(B), 42
U.S.C. ง7601(d)(2)(B), ELR STAT. CAA 141 (requirement that
tribe be proposing to manage air resources within the borders of a
reservation or in other areas within tribe's jurisdiction).
9. CWA ง518(e)(3). 33 U.S.C. ง1377(e)(3), ELR STAT. FWPCA 106;
SDWA ง1451(b)(l)(C), 42 U.S.C. ง300j-ll(b)(l)(C), ELR STAT.
SDWA 021; and CAA ง301(d)(2)(C), 42 U.S.C. ง7601(d)(2)(C),
ELR STAT. CAA 141.
tation.10 The Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) " also author-
izes EPA to treat Indian tribes as states for specified pur-
poses, and also contains additional provisions specifically
addressed to tribes.
Clean Water Act
The CWA authorizes EPA12 to treat tribes " as states for
the following specific purposes: grants;M water quality
10. CAA ง301(d)(4) is the most explicit in recognizing potential federal
program implementation. It provides that "[i]n any case in which
[EPA] determines that the treatment of Indian tribes as identical to
States is inappropriate or'administratively infeasible, [EPA] may
provide, by regulation, other means by which [EPA] will directly
administer such provisions so as to achieve the appropriate purpose."
42 U.S.C. ง7601(d)(4), ELR STAT. CAA 141. Similarly, SDWA
ง1451(b)(2) provides that for any provision for which it is not
appropriate to treat tribes identically to states, regulations may
provide "other means for administering such provision in a manner
that will achieve the purposes of [the] provision." 42 U.S.C. ง300j-
ll(b)(2), ELR STAT. SDWA 021. CWA ง518(e) addresses direct
implementation only by authorizing treatment of tribes as states "to
the degree necessary to carry out the objectives" of the Act 33
U.S.C. ง1377(e), ELR STAT. FWPCA 106.
11. 42 U.S.C. งง9601-9675, ELR STAT. CERCLA 1-61.
12. CWA ง518(d) also provides for states and tribes to enter cooperative
agreements, subject to EPA's approval, for jointly planning and
administering the provisions of the Act. 33 U.S.C. ง1377(d), ELR
STAT. FWPCA 106.
13. CWA ง518(h)(2) defines a "tribe" as an entity with a "reservation."
33 U.S.C. ง1377(h)(2), ELR STAT. FWPCA 107. It also defines a
reservation to include "all land within the limits of any Indian
reservation under the jurisdiction of the United States government,
notwithstanding the issuance of any patent." CWA ง518(h)(l), 33
U.S.C. ง1377(h)(l), ELR STAT. FWPCA 107. EPA has concluded
that it will define the term "reservation" consistently with relevant
statutes and case law. This means that trust lands formally set apart
for the use of tribes may meet the CWA definition of "reservation"
even where those lands have not been formally designated as res-
ervations. 56 Fed. Reg. 64875,64881 (1991), relying on Oklahoma
Tax Commission v. Citizen Band Potawatomi Indian Tribe of Okla-
homa. Ill S. Ct. 905, 910 (1991).
However, the CWA's definition apparently might not apply in
Alaska. Pursuant to the Alaska Native Claims Settlement Act, with
one exception, there are no reservations in Alaska. 43 U.S.C
ง1618(a). See CWA ง518(g). 33 U.S.C. ง1377(g). ELR STAT.
FWPCA 107 (provision entitled "Alaska Native organizations,"
stating that the Act does not affect the governmental authority of
Indian entities in Alaska or address whether Indian country exists
in Alaska). See also CWA ง518(c), 33 U.S.C. ง1377(c), ELR STAT.
FWPCA 107 (reserving funds for sewage treatment facilities to
serve Indian tribes, and, in addition, former reservations in Okla-
homa and Alaska Native villages).
The other environmental statutes vary in their treatment of entities
in Alaska. SDWA ง1401(14) definition of "tribe" makes no refer-
ence to Alaska entities. 42 U.S.C. ง300f(14), ELR STAT. SDWA
002. The CAA defines "tribes" at ง302(r) to include Alaska Native
villages, but is silent regarding Alaska corporations. 42 U.S.C.
ง7602(r), ELR STAT. CAA 134. CERCLA ง101(36) defines
"tribes" to include Alaska Native villages, but expressly excludes
Alaska Native regional or village corporations. 42 U.S.C. ง9601(36),
ELR STAT. CERCLA 9.
14. These grants may be provided for waste managemei it treatment works under
Tide 0 of the Act, CWA งง201-219,33 U.S.C. งง1281-1299, ELR STAT.
FWPCA 32^9. See also CWA ง518(b). (c), and (e), 33 U.S.C. งง 1377(b),
(c), and (e), ELR STAT. FWPCA 106 (directing EPA and the Indian Health
Service to assess the need for sewage treatment works to serve Indian tribes;
setting aside share of total appropriation for development and construction
of sewage treatment facilities for tribes, former reservations in Oklahoma,
and Alaska Native Villages; and authorizing direct provision of funds
reserved under subsection (c) to tribal governing bodies; respectively).
Grants may also be provided for a research and training program (CWA
ง104, 33 U.S.C. ง1254, ELR STAT. FWPCA 16-19) and for pollution
control (CWA ง106, 33 U.S.C. ง1256. ELR STAT. FWPCA 21).
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23 ELR 103
ENVIRONMENTAL LAW REPORTER
9-93
ndards;15 clean lakes;16 nonpoint source manage-
t;17 certification;18 the national pollutant discharge
elimination system (NPDES);" and regulating the dis-
charge of dredged or fill material into waters of the United
States (the ง404 program).20 EPA has not treated the
CWA's list21 as exhaustive.22
Safe Drinking Water Act
The SDWA provides that a tribe treated as a state may apply
for grant and contract assistance that is available to state;,
and for delegation of primary enforcement responsibility
for public water systems (PWS) and underground inject:.(\<>
control (UIC).23 Although a tribe need not have crimi:rjl
enforcement jurisdiction to obtain treatment as a state, EPA
may not allow a tribe to operate a tribal program that wปil
be "less protective of the health of persons" than would
be a minimally acceptable state program.24
Clean Air Act
The CAA authorizes EPA to treat Indian tribes as states for
those purposes that EPA deems appropriate, and to provide
such tribes with grant21 and contract assistance.26 Unless
regulations provide otherwise, the Agency should review
|tt. Under such a program, a tribe can be trea'ed as a state for purposes
^^ of the establishment and operation of t water quality standards
V program, CWA ง303,33 U.S.C. ง1313 ELR STAT. FWPCA 55-57;
W reporting, CWA ง305, 33 U.S.C. ง131.'!. ELR STAT. FWPCA 60;
recordkeeping and inspection, CWA ง308, 33 U.S.C. ง1318, ELR
STAT. FWPCA 63; and enforcement. CWA ง309,33 U.S.C. ง1319,
ELR STAT. FWPCA 63-65.
16. CWA ง314, 33 U.S.C. ง1324, ELR STAT. FWPCA 80-81.
17. CWA ง319.33 U.S.C. ง1329, ELR STAT. FWPCA 82-86. See also
CWA ง518(0. 33 U.S.C. ง1377(0. ELR STAT. FWPCA 107
(authorizing nonpoint source management grants to tribes as if they
were states).
18. CWA ง401. 33 U.S.C. ง1341, ELR STAT. FWPCA 89-90.
19. CWA ง402.33 U.S.C. ง1342, ELR STAT. FWPCA 90-92.
20. CWA ง404. 33 U.S.C. ง1344. ELR STAT. FWPCA 94-97.
21. The CWA formally disclaims any intent to affect existing state
authority to allocate quantities of water in ง101(g), which also
applies to existing tribal authority. See CWA ง518(a). 33 U.S.C.
ง1377(a), ELR STAT. FWPCA 106 (express statement that Indian
amendments to the CWA do not affect ง101(g), except to piovide
that tribes should be treated as states for purposes of this provision).
As noted in the text, the Act aiso provides for states and tribes to
enter cooperative agreements, subject to EPA's approval, for jointly
planning and administering the provisions of the Act. CWA ง J18(d),
33 U.S.C. ง1377(d), ELR STAT. FWPCA 106.
22. Thus, for example, EPA will treat tribes as states for purposes of'
administering a sewage sludge management program under CWA
ง405, 33 U.S.C. ง1345, ELR STAT. FWPCA 97. a purpose tnat is
not explicitly mentioned in the CWA. See 54 Fed. Reg. 18782
(1989).
23. ง1451(a), 42 U.S.C. ง300j-ll(a), ELR STAT. SDWA 021.
24. SDWA ง1451 (b)(2), 42 U.S.C. ง300j-l l(b)(2), ELR STAT. SDWA
022.
EPA is currently authorized to make grants for support of air pol-
lution planning and control programs to tribal agencies without
treating the tribes as states. CAA งง105 and 302(b)(5), 42 U.S.C.
งง7405. 7602(b)(5). ELR STAT. CAA 26, 142. CAA ง301(d)(5>-
authorizes EPA to continue awarding such grants in the absence of
regulations. 42 U.S.C. ง7601(d)(5), ELR STAT. CAA 141. Tribes
may not be treated as states for purposes of CWA ง105(b)(2),
ensuring each state at least one-half of 1 percent of total money
appropriated under that section.
JCT
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9^93
NEWS & ANALYSIS
23 ELR 104
cial assistance to, tribes,40 authorizes tribes to recover costs
incurred in carrying out response actions from persons re-
sponsible for releases,41 and addresses the tribal role in
other ways.42 CERCLA also treats tribes differently than
states by waiving, for remedial actions on tribal lands,
requirements that apply to such actions within states.43
jc
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23 ELR 105
ENVIRONMENTAL LAW REPORTER
9-93
juirements is then approved for treatment as a state and
>mes eligible to seek applicable grants and program
approvals.
Before it will conclude that a tribe meets the jurisdictions!
requirement, EPA notifies "appropriate governmental en-
tities" such as states, other tribes, and federal land man-
agement agencies,' as io ihe substance of ihe j urisdiciionai
assertions the tribe offers in its application. EPA invites
comment on those assertions, but not on any other aspect
of the application.55 Where another government raises a
competing or conflicting jurisdictional claim, EPA will con-
sult with the Department of the Interior and then make a
final decision on the tribe's jurisdiction for the particular
function in question.56 This is not a determination of the
tribe's general regulatory authority.57
The Affects of Being Approved for Treatment as a State
Although a tribe may have been approved for treatment as
a state under a particular program, it must obtain a separate
approval under each new program in which it seeks to
function as a state. After an initial approval, however, a
tribe generally need submit only that additional information
unique to the additional program.18 Once a tribe meets the
regulatory requirements and obtains approval for treatment
as a state it will generally be treated in the same manner
as a state.19 Thus, a tribal application for program respon-
jility will be subject to the same requirements as a state
plication. For example, before a tribe or a state can assume
imary enforcement responsibility for drinking water, un-
der existing regulations it must demonstrate legal "authority
to compel compliance with [its] primary drinking water
regulations."60
Simplifying the Process
EPA has recognized that its procedures for processing
tribal grant and program applications are cumbersome.
54. 56 Fed. Reg. 64084 (1991) (the WQS preamble stating that "EPA
defines the phrase 'governmental entities' as States, Tribes, and
other Federal entities located contiguous to the reservation of the
Tribe which is applying for treatment as a State.").
55. 53 Fed. Reg. 37400 (1988); 54 Fed. Reg. 14355 (1989); 40 C.F.R.
งง131.8(c)(2) and 233.62(c) (1992).
56. The CWA grant regulations provide that EPA may determine that
a tribe does not have jurisdiction over some of the water resources
covered in its application, and may approve the application for those
resources for which the tribe does have jurisdiction. 54 Fed. Reฐ.
14355 (1989). EPA also has indicated it will follow this approach
for the WQS (54 Fed. Reg. 39097,39102 (1989)) (proposing WQS
regulation), and ง404 (58 Fed. Reg. 8171, 8176 (1993)).
57. 53 Fed. Reg. 37402 (the SDWA regulations).
58. 40C.F.R. งง13i S(b)(6); 233.61(0; 142.76(f). 145.56(0 (1992).See
54 Fed. Reg. 14356 (1989).
59. See, e.g.. 53 Fed. Reg. 37403 (1988) (the SDWA preamble). See
also 54 Fed. Reg. 39103-04 (1989) (the WQS proposal discussing
ways in which tribes are subject to the same requirements as states).
Tribes are typically treated differently than states with regard to
such matters as grant match requirements, developmental grant time
frames, and primary enforcement responsibility requirements. See,
e.g., 53 Fed. Reg. 37403 (1988).
60. 40C.F.R.ง142.10(bXe)(1992).Seese/iฃm//>'40C.F.R.งง142.10-ll(PWS);
145.21-25,145.31 (U1C). See also discussion of effects of treatment as stale
approval in EPA Brief in South Dakota v. EPA, No. 89-2772 (8th Cir. Mar.
19, 1990) at 7-8, 13-19 (state petition for review of EPA's decision to
approve Standing Rock Sioux Tribe for treatment as state as to public water
svslem nmcrram iirvfer the SDWAV
Reflecting this, it issued-a memorandum in late 1992,
directing that the application process be simplified and
standardized.61 This memorandum provides that EPA will
move toward the use of a one-step approval process, de-
termining whether to approve a tribal program or grant
application without the separate step of formally deter-
mining whether ihe iribe is eligible fur ircaiiiicni as a
state. Further, the Agency will reduce the use of consult-
ations with interested states and tribes regarding tribal
jurisdiction;62 this process is often time-consuming and
tribes may find it demeaning, since EPA generally does
not seek the comments of tribes regarding state jurisdiction
before approving an element of a state's program.63 EPA
will implement those changes by developing new regula-
tions, and by amending existing regulations."
EPA's CERCLA Regulations
Under the NCP, which governs CERCLA cleanup proc-
esses, tribes ordinarily have the same roles and responsi-
bilities as states.65 EPA's regulations provide that to be
treated in the same manner as a state for certain purposes,
a tribe must be federally recognized, have a governing body
currently performing governmental functions either to pro-
61. Memorandum from F. Henry Habicht II, Deputy Administrator,
U.S. Environmental Protection Agency, to Assistant, Associate, and
Regional Administrators, General Counsel, and Inspector General,
Simplification of EPA's Process for Treating Indian Tribes as States
(Nov. 10,1992) [hereinafter TRE^rMENT MEMO].
62. Specifically, EPA will no longer solicit comments regarding tribal
jurisdiction with regard to tribal grant applications: "The Agency
now has experience awarding grants to more than a hundred tribes,
and is fully capable of evaluating tribal applications to ensure that
the tribe has adequate jurisdiction to receive a grant." TREATMENT
MEMO supra note 61, at 2-3.
In addition, where the existing process for reviewing state or tribal
applications for program approval involves a searching inquiry into
jurisdictional authority, a separate review, for purposes of determin-
ing tribal eligibility for "treatment as a state," is duplicative. EPA
will identify those programs for which such reviews are duplicative
and eliminate them. Under the revised approach, however, no tribe
will "receive program approval until the Agency has received full
and adequate input concerning the scope and extent of the tribe's
jurisdiction and program and administrative capabilities." Id. at 3.
63. See, e.g., 56 Fed. Reg. 64884 (1991) (describing comments on the
WQS proposal to this effect).
64. See TREATMENT MEMO supra note 61. EPA could also adopt iden-
tical procedures for all programs, rather than having two separate,
but similar, processes. Id. Compare 40 C.F.R. งง131.6, 233.62(c),
142.78, 145.58 (the CWA, the WQS, and the SDWA regulations
providing 30 days for states to comment on tribal jurisdiction) with
40 C.F.R. ง130.15 (the CWA grant regulations giving 15 days).
These changes see.n legally defensible. The applicable statutes
do not compel the adoption of a two-step approval process, con-
sultation with states regarding tribal jurisdiction, or consultation
with the Department of the Interior before resolving a disagreement
as to jurisdiction.
65. 40 C.F.R. ง300.5 (1992) (defining "state" to include Indian tribes
"except where specifically noted" to the contrary). Tribes are also
treated as states for purposes of assurances regarding property ac-
quisition. See CERCLA ง104(j)(2), 42 U.S.C. ง9604(j)(2), ELR
STAT. CERCLA 18. Thus, before EPA acquires an interest in real
property on a reservation to conduct a remedial action, the tribe
must assure, to the extent of its authority, that it will accept transfer
of that interest on or before completion of the remedial action. 40
C.F.R. งง300.510(0 and 300.6110(b)(2) (1992). The Agency has
not yet "address[ed] whether tribes are states for purposes" of the
state obligation under CERCLA ง104(c)(9), which requires an as-
surance of the existence of adequate capacity to process hazardous
waste expected to be generated in a state in the next 20 years. 40
PPR S-U)n.510feH21 M992V
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9-93
NEWS & ANALYSIS
23 ELR 106
mote public health, safety, and welfare or to protect the
environment, and have jurisdiction over a Superfund site.66
EPA's regulations provide that the Agency will act to
ensure meaningful tribal involvement in the cleanup proc-
ess,67 and tribes may participate significantly in decisions
regarding selection of cleanup alternatives. Also, reser-
vation cleanups must be performed in compliance with tribal
siaiuiarus iu ilic CAicui iliojr wuulu liavc to uo pcifGiiiicu iii
compliance with state standards if performed on nonreser-
vation land.69 In addition, EPA and eligible tribes70 may
enter into a wide range of cooperative agreements under
which tribes receive financial assistance and participate in
various types of response activities, as either the lead or
support agency.71 Tribes may also enter into core program
cooperative agreements to receive financial assistance in
developing the general ability to participate in the response
process
72
Grant Programs Not Requiring Treatment as a State
Under all four statutes authorizing treatment as a state, EPA
administers grant programs for which tribal groups not
treated as states appear to be eligible.n Tribes can assume
66. 40 CJ.R. ง300.515(b) (1992). A tribe must meet these requirements
to be treated in the same manner as a state for purposes of CERCLA
ง104, which is not included in the list of purposes for which ง126
expressly authorizes that tribes may be treated as states. Because
these requirements are imposed by regulation, not by statute, a tribe
need not undergo any formal prequalification process or qualify for
"treatment as a state" so long as it meets those requirements.
67. This will apply whether the cleanup is conducted by a governmental
entity or the person responsible for the site. 40 C.F.R. ง300.500(a)
(1992).
68. A tribe will be given the opportunity to review site documents,
consult with EPA at least annually, concur in various decisions
relating to the response process, and be formally involved in the
selection of the cleanup. 40 C.F.R.งง300.515(c), (d), (e), (h), and
300.525 (1992).
69. Specifically, CERCLA response actions must attain (or waive) legally
applicable, or relevant and appropriate requirements (ARARs) of tribal law
that are promulgated, more stringent than federal requirements, and identified
inanmelymaiiner.&eง121(dX42U^.Cง9621(d),ELRSTAT.CERa.A
41. A key element in the EPA-tribal partnership will be the communication
of potential ARARs and other pertinent advisories, criteria, or guidance to
be considered in selection of the remedy. 40 C.F.R. งง300.515(d) and
300.525 (1992). Tribes have the opportunity to comment on proposals to
waive ARARs. 40 CJFJR. งง300.515(e) and 300.525 (1992).
70. To be eligible to enter these agreements, a tribe must be federally
recognized and meet the criteria established in 40 C.F.R.
ง300.515(b). 40 C.F.R. ง35.6010 (1992).
71. Such agreements include preremedial response cooperative agree-
ments, 40 C.F.R. ง35.6050-70, remedial response cooperative agree-
ments, 40 C.F.R. ง35.6100-20, enforcement cooperative agreements,
40 C.F.R. ง35.6145-55, and removal response cooperative agree-
ments, 40 C.F.R. ง35.6200-05.
72. 40 C.F.R. ง35.6240-55 (1992).
73. See, e.g.. SDWA ง1442(bX3),42 U.S.C. ง300j-l(b)(3), ELR STAT. SDWA
015 (authorizing grants to "any organization."); CWA ง104, 33 U.S.C.
ง1254, ELR STAT. FWPCA16-19 (authorizing grants to wide range of
entities, including "institutions, organizations, and individuals"); CAA
งง103(b)(3), 105, and 302(b)(5), 42 U.S.C. งง7403(b)(3), 7405, and
7602(bX5), ELR STAT. CAA 21. 26, and 142 (authorizing grants to air
pollution control agencies, defining agency of tribe as pollution control
agency); CERCLA ง31 l(b)(3), 42 U.S.C. ง9660(bX3), ELR STAT. CER-
CLA55(authorizinggrantsfordevelopmentanddempnstrationofalternative
or innovative cleanup technologies to variety of entities). See also RCRA
ง8001, 42 U.S.C. ง6981, ELR STAT. RCRA 60 (authorizing grants to
broad range of entities for research, demonstrations, training, activities).
a role under, or benefit from, those provisions without
receiving treatment as a state.
In addition, the Indian Environmental General Assistance
Program Act of 199274 authorizes EPA to provide general
assistance grants to federally recognized Indian tribal gov-
ernments to build environmental capacity without any re-
quirement to treat recipient tribes as states." Indeed, grants
of ปH!o tvrwป nr*ป nnt available to ctatp.c.
""~ - " - - *^ r * ~"~ ~ ~~~ --ซ ซ-ป - - _......
Acts Not Expressly Authorizing Treatment of Tribes as
States
RCRA
The Resource Conservation and Recovery Act (RCRA)76
refers to Indian tribes only once when it defines "munici-
pality" to include Indian tribal governments.77 The Act
provides no explicit provision authorizing EPA to treat tribes
as states.18 Nonetheless, the Agency has decided to issue
rules that permit eligible Indian tribes to administer RCRA
subtitle C and D hazardous and solid waste programs79 in
the same manner as states.
FIFRA
The Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA)80 authorizes EPA to enter into cooperative agree-
ments with Indian tribes delegating to them the authority
to copperate in enforcement actions, and develop and ad-
minister pesticide applicator training and certification pro-
grams.81 This is the sole reference to tribes in FIFRA.82
EPA's regulations under FIFRA govern EPA's approval of
tribal requests for pesticide applicator certification programs.81
74. Pub. L. No. 102-497 (codified at 42 U.S.C.A. ง4368b (Supp. 1993).
75. This authority is very similar to that which Congress provided to
EPA in appropriations acts, beginning with fiscal year (FY) 1991,
to make grants to tribes for the development of multimedia envi-
ronmental programs. See. e.g.. Pub. L. No. 191-507 (FY 1991
Appropriations Act authorizing EPA Administrator "to make grants
to 'Federally recognized Indian tribes' on such terms and conditions
as he deems.appropriate for the development of multi-media envi-
ronmental programs.")
76. 42 U.S.C. งง6901-69911, ELR STAT. RCRA 1-78. Originally the
Solid Waste Disposal Act, Congress amended it in 1976 with the
Resource Conservation and Recovery Act.
77. ง1004(13), 42 U.S.C. ง6903(13), ELR STAT. RCRA 13.
78. But see Memorandum from Bertram Frey, Regional Counsel, US. Envi-
ronmental Protection Agency Region 5, to Valdas Adamkas, Regional
Administrator, U.S. Environmental Protection Agency Region 5, Legal
Opinion Regarding Delegation of Partial RCRA Program to Menominee
Indian Tribe of Wisconsin (Nov. 3,1989) (concluding that EPA has legal
authority to delegate program to tribe).
79. งง3006 and 4007,42 U.S.C. งง6926 and 6947. ELR STAT. RCRA
32-33, 47.
80. 7 U.S.C. งง136-136y. ELR STAT. FIFRA 001-034.
81. ง23, 7 U.S.C. ง136u, ELR STAT. FIFRA 030.
82. Further, Indian tribes have not been carrying out other activities that
FIFRA authorizes states to carry out, such as issuing special local
need registrations.
83. Ordinarily, a tribe has the option of adopting a tribal certification plan or ^
using a plan previously adopted by the state in which the reservation isJ
located. 40 C.F.R. ง171.10(a) (1992). Where a tribe does not adopt either^
option, EPA will implement a plan for federal certification of applicators
or restricted use pesticides. Id The regulations describe the types of persons
subject to the rules; applicable standards; recordkeeping requirements; rec-
ognition of other certificates; procedures for denial, suspension, modification,
or revocation of certificates; and pesticide dealer requirements. Id
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23 ELR 107
ENVIRONMENTAL LAW REPORTER
9-93
r these regulations, EPA has authorized the Three Affiliated
5 of the Fort Berthold Reservation in North Dakota to certify
plicators of restricted use pesticides.84
TSCA
The Toxic Substances Control Act (TSCA) M does not men-
tion tribes directly. However, it does allow tribes to assume
a local regulatory role. Tribes that run their own schools
are treated as local education authorities, and assume, re-
sponsibility to inspect tlu-ir schools for asbestos and develop
plans for managing asbestos problems.u
Other Statutes
The Emergency Planning and Community Right-To-Know
Act (EPCRA),87 which created new rights for local gov-
ernments and members of the public to obtain information
on potential hazardous substance threats in their neighbor-
hoods, does not mention Indian tribes. Nevertheless, EPA
concluded that the purposes of EPCRA were best served
by providing a tribal role, comparable to the role a state
Eies, in planning and gathering information. EPA used
thority to fill statutory gaps to define this role, which
may assume on a reservation-wide basis.88
EPA has also solicited applications from tribes for grants
under the Pollution Prevention Act.89 The Act authorizes
grants to states for technical assistance programs,90 but does
not mention Indian tribes.91
84. 51 Fed. Reg. 43662 (1986); Proposal at SO Fed. Reg. 31011 (1985),
and Supplemental Notice of Intent at 51 Fed. Reg. 22860-61 (1986).
This was the first formal authorization of a tribe to operate a program
under an EPA statute. Until the December 1991 promulgation of
the WQS regulations (56 Fed. Reg. 64875 (1991)) the FIFRA regu-
lations were the only regulations under which EPA had authorized
a tribe to operate a federal program.
85. 15 U.S.C. งง2601-2671. ELR STAT. TSCA 001-056.
86. See ง202(7), 15 U.S.C. ง2642(7), ELR STAT. TSCA 046.
87. Superfund Amendments ahd Reauthorization Act, Title III, Pub. L.
99-499, 100 Stat. 1613 (1986), 42 U.S.C. งง11001-11050, ELR
STAT. EPCRA 1-16.
88. "EPA believes that in the absence of clear legislative intent on who
should implement the statute on Indian lands, EPA has the discretion
to designate the Indian Tribes as the implementing authority." 55
Fed. Reg. 30641 (1990) (implementation of Title III by Indian Tribes
on Indian lands). EPA previously described its reasoning as follows:
The requirements of an effective Title HI program indicate
that Congress intended that only one governing authority
implement the program within a given area. Implementation
of Title HI by more than one governing authority would be
unwieldy and contrary to the dictates of local emergency
response planning. ... In summary, because Congress en-
visioned effective and comprehensive emergency response
planning under Title HI it is reasonable to interpret the statute
... as contemplating only one governing authority imple-
menting the Act within a single geographic area.
54 Fed. Reg. 12992, 13001 (1989).
89. 42 U.S.C. งง13101-13109.
90. Id. ง13104.
91. See 56 Fed. Reg. 11553, 11554 (1991) (announcing availability of
grants to states and tribes).
Legal Issues
Jurisdictional Analysis
D Inherent Tribal Authority. A key issue in defining and
implementing a tribal role in reservation management is the
activities on reservations. Tribes almost invariably have such
jurisdiction over lands owned by the tribe or held in trust for
the tribe by the United States. n In a few specific cases, how-
ever, EPA has recognized state authority on tribal lands where
federal statutes so provide.93
Jurisdiction is more complex with regard to lands located
within reservation boundaries that are owned in fee by
non-Indians. Thus, in the controversial and divided decision
oi Brendale v. Confederated Tribes and Bands of the Yakima
Nation, M the U.S. Supreme Court found that such jurisdic-
tion often depends on the facts in a particular case. In
Brendale, the Court ruled that a tribe had authority to zone
fee lands located in an area of its reservation heavily popu-
lated by Indian tribal members, but that the state had zoning
authority over fee lands on a part of the reservation in the
suburbs of Yakima, Washington, where there was substan-
tial non-Indian land ownership.
In developing regulations for water quality standards on
reservations under the CWA, EPA addressed the question
of tribal authority over environmental activities on reser-
vation fee lands. The Agency read Brendale narrowly, find-
ing primary significance in its result,93 which was to apply
the rule announced in the earlier case of Montana v. United
States. M The Court has consistently stated that "[a] tribe
may . . . retain inherent power to exercise civil authority
over the conduct of non-Indians on fee lands within its
reservation when that conduct threatens or has some direct
effect on the political integrity, the economic security, or
the health or welfare of the tribe."97 EPA found some
ambiguity in how significant or direct the effect from non-
Indian conduct must be to support jurisdiction under this
test, and decided "as an interim operating rule, [to] require
a showing that the potential impacts of regulated activities
on the tribe are serious and substantial" before authorizing
a tribal program.98 EPA adopted this standard "solely as a
matter of prudence in light of judicial uncertainty" as to
the precise formulation courts should employ.99
In applying its Jurisdictional test, EPA will conduct a
fact-specific analysis, but one that also recognizes that
activities relating to water quality standards generally have
92. Tribes have broad authority on such lands, including the power "to
exclude persons whom they deem to be undesirable" from entry.
Duro v. Reina, 1 10 S. Ct. 2053. 2065 (1990).
93. See. e.g.. 40 C.F.R. ง147.1851 (1992) (state of Oklahoma admin-
isters Class II wells on lands of some Oklahoma tribes under the
UIC program).
94. 492 U.S. 408 (1989).
95. 56 Fed. Reg. 64877-78 (1991).
96. 450 U.S. 544 (1981).
97. South Dakota v. Bourland, 61 U.S.L.W. 4632, 4637, 23 ELR 20972,
20976 (U.S. June 14, 1993), quoting Montana v. United States, 450
U.S. 544, 566 (1981); also quoted in Brendale v. Confederated
Tribes and Bands of Yakima Indian Nation, 492 U.S. 408 428-29
(While, J.), 457 (Blackmun, J.).
98. 56 Fed. Reg. 64878 (1991).
99. Id.
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NEWS & ANALYSIS
23 ELR 108
serious and substantial impacts on human health and wel-
fare. I0ฐ EPA also has recognized that congressional en-
actment of a federal statute reflects a belief that the regu-
lated activities are important.m Finally, the fact that Con-
gress has specifically authorized treatment of tribes as
states with regard to regulation of particular activities
effectively expresses a preference for tribal regulation of
uiusc activities.
These factors, however, do not preclude the possibility
that, under some unusual fact patterns, states may be able
to demonstrate authority over some reservation fee lands.
Indeed, a number of EPA's regulations recognize, at least
implicitly, the possibility that a state may attempt to estab-
lish regulatory authority on Indian lands.10J EPA has also
expressly recognized that, in some cases, tribes may be
unable to demonstrate jurisdiction on some reservation
lands; in such cases, the Agency will limit its approval of
the tribal program to those areas for which the tribe does
have jurisdiction.104
D Delegated Authority. Congress has broad authority over
tribal affairs and may, by statute, delegate federal authority to
a tribe.10S Such a delegation could provide a federal statutory
source of tribal authority, at least partially independent of the
100. See 56 Fed. Reg. 64878; 58 Fed. Reg. 8174.
101. See, e.g.. id. ("Congressional enactment of the Clean Water Act
establishes a strong Congressional interest in effective management
of water quality.").
102. Id. EPA's analysis of inherent tribal sovereignty in the WQS regu-
lations does not appear to differ substantially from the less detailed
position it announced nearly two years earlier in its brief filed in
South Dakota v. EPA, supra note 60, at 29-30, 34-40.
In the WQS regulation, EPA expressed its awareness of the
political cross-currents that often revolve around issues of tribal and
state jurisdiction:
The Agency recognizes that jurisdictional disputes between
tribes and states can be complex and difficult and that it will,
in some circumstances, be forced to address such disputes.
However, EPA's ultimate responsibility is protection of the
environment. In view of the mobility of environmental prob-
lems and the interdependence of various jurisdictions, it is
imperative that all affected sovereigns work cooperatively
for environmental protection, rather than engage in confron-
tations over jurisdiction.
56 Fed. Reg. 64879 (1991).
103. See40C.F.R. งง123.23(b) (requirement that state seeking an NPDES
program approval under the CWA to cover Indian lands must submit
statement analyzing legal basis for state's authority); 145.24(b)
(when state submission for approval of the SDWA UIC program
"seeks authority over activities on Indian lands, the [state submis-
sion] shall contain an appropriate analysis of the State's authority.").
See also 40 C.F.R. งง142.3(b)(2) and .10(b)(6)(i) (specifying that
a state can obtain program approval without snowing authority over
"[p]ublic water systems on Indian lands with respect to which the
State does not have the necessary jurisdiction or its jurisdiction is
in question."); 271.l(h) (state can obtain approval of RCRA haz-
ardous waste program without obtaining authority on Indian lands
and "EPA will administer the program on Indian lands if the State
does not seek [such] authority"); and 281.21(a)(4) (requiring state
seeking approval of underground storage tank program under RCRA
to declare whether "the state has any existing authority over Indian
lands").
104. See 53 Fed. Reg. 37395. 37402 (1988) (SDWA); 54 Fed. Reg.
14353, 14355 (1989) (CWA Grams); 54 Fed. Reg. 39097, 39102
(1989) (VVQSs); 58 FeU. Reg. 8171, 8176 (1993) (CWA ง404).
105. United States v. Mazurie, 419 U.S. 544,557 (1975). See also Bren-
dale. supra note 94 (White, J., for four justice plurality identifying
CWA งง518(e) and 518(h)(l) as delegating to tribes the authority
over entire reservations).
tribe's inherent authority.l06 EPA has recognized that constru-
ing the CWA as a delegation would support tribal authority
over all water resources within the exterior boundaries of a
reservation, regardless of whether the tribe's inherent authority
covered the resources.l07
The Clean Water Act
EPA analyzed the language and legislative history of the
CWA to determine whether to treat the Act as a delegation
of authority. The Agency recognized that language in
Brendale could be construed as characterizing the In-
dian provisions of the CWA as an express delegation of
federal authority.I09 EPA declined to rely on this language,
however, noting that it was offered in dicta, was not
adopted by a majority of the Court, and did not discuss
the confusing legislative history of the Indian provisions
of the CWA.110
The Agency's own analysis led it to conclude that the
language and the legislative history were ambiguous and
inconclusive regarding any congressional intent to delegate
authority. EPA also expressed the view that "if Congress
had intended to make a change as important as an expansion
of Indian authority to regulate nonmembers, it probably
would have done so through statutory language and dis-
cussed the change in the committee reports." Accord-
ingly, the Agency declined to construe the CWA as a dele-
gation. U2 EPA likewise has not implemented the SDWA as
a delegation.113
106. See 56 Fed. Reg. 64880 (1991).
107. 54 Fed. Reg. 64879-81 (1989).
108. The Brendale Court reasoned that:
There is no contention here that Congress has expressly
delegated to the Yakima Nation the power to zone fee lands
of nonmembers of the Tribe. Compare 18 U.S.C. งง 1151,
1161 (1982 ed, and Supp V) [18 U.S.C. งง 1151,1161]; 33
U.S.C. ง 1377(e) and (h)(l) (1982 ed. Supp V) [33 U.S.C.
ง 1377(e) and (h)(l)]. Therefore under the general principle
enunciated in Montana, the Yakima Nation has no authority
to impose its zoning ordinance [on the fee lands in question].
Brendale, supra note 94, at 428.
The first statutory provision the Court cites as a delegation
involves liquor regulation, and was found to be a delegation in
United States v. Mazurie, 419 U.S. 544 (1975). The second pro-
vision is from CWA ง1377(e), which provides that a tribe may be
treated as a state for functions that "pertain to the management
and protection of water resources which are held by an Indian
tribe, held by the United States in trust for Indians, held by a
member of an Indian tribe if such property is subject to a trust
restriction on alienation, or otherwise within the borders of an
Indian reservation." CWA ง1377(h)(l) defines a reservation as
"all land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through
the reservation."
109. 56 Fed. Reg. 64880 (1991).
110. Id.
111. Id.
112. See. e.g.. 54 Fed. Reg. 39101 (1989) (the WQS proposal stating
that "Clean Water Act authorizes use of existing tribal authority
... but it does not grant additional authority to Tribes.").
113. See 52 Fed. Reg. 28111, 28113 (1987) (proposal for the SDWA
Indian regulations, stating that tribe must have its own author!-'
ties to operate the program: "EPA does not delegate its own
authority. Nothing in this proposal is intended to alter any pre-
existing authority or immunity any Indian tribe may have by
way of third parties..").
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23ELR109
ENVIRONMENTAL LAW REPORTER
9-93
I
e Clean Air Act
'A has not yet published regulations for implementing
the Indian provisions of the CAA. Accordingly, it has neither
announced its views on jurisdiction under that Act nor
determined whether to construe the Act as a delegation.
Based on ihc iesis EFA used in analyzing ihe CWA, how-
ever, it appears that th; CAA could be construed as dele-
gating to approved tribes authority over all air resources
within reservation boundaries.
The language of the CAA, which is similar to that of
the CWA, authorizes a tribe to regulate "air resources
within the exterior boundaries of the reservation or other
areas within the tribe's jurisdiction."114 However, the
CAA also includes "vo additional provisions that ex-.
pressly recognize tm^ 1 authority over all areas within the
exterior boundaries of the reservation. One provides that
approved tribal implementation plans are "applicable to
all areas . . . located within the exterior boundaries of
the reservation, notwithstanding the issuance of any pat-
ent."115 The other provides that "[l]ands within the exte-
rior boundaries of reservations ... may be redesignated
[with, regard to the prevention of significant deterioration
of air quality] only by the appropriate Indian governing
body." n6 The legislative history of the CAA also contains
language that appears to reflect Congress* intent to effect
a statutory delegation of authority.
ง301(d)(2)(B), 42 U.S.C. ง7601(d)(2)(B). ELR STAT. CAA 133.
. ง 110(0), 42 U.S.C. ง7410(0). ELR STAT. CAA 36 (emphasis added).
116. ง 164(c), 42 U.S.C. ง7474(c), ELR STAT. CAA 76 (emphasis added).
This provision has been part of the Act since 1977 and was not
added to the Act by the 1990 Amendments.
117. The report of the Senate Committee on Environment and Public
Works on the CAA ai,iendmems characterizes p.-oposed amendatory
language as expressly delegating to tribes the power to administer
and enforce the CAA on Indian lands:
' These amendments are intended to provide Indian tribes the
same opportunity to assume primary planning, implementa-
tion and enforcement responsibilities for programs under the
Act as they are presently accorded under the Safe Drinking
Water Act and Clean Water Act Subsection 328(a) [con-
taining language identical to that in ihe SOW A] authorizes
the Administrator to treat Indian tribes as States and to
provide grant and contract assistance to tribes to carry out
functions provided by the Act. Thus, new section 328(a) of
the Act constitutes an express delegation of power to Indian
tribes to administer and enforce the Clean Air Act in Indian
lands, as Indian tribes were delegated the power to administer
and enforce the Safe Drinking Water Act and Clean Water
Act. See Brendalc v. Confederated Yokima Indian Nation
[sic], U.S. 109 S. Ot. 2994,3006-07 (198ฐ) (emphasis added).
This statement was offered at the time, the CAA was being de-
veloped. It was offered several years after the enactment of the
relevant provisions of the Water Acts, and its relevance to a proper
construction of those Acts is accordingly limited. See Hazardous
Waste Treatment Council v. EPA, 886 F.2d 355, 365. 19 ELR
21398, 21402 (D.C. Cir. 1989).
The report does not expressly address whether tribes would have
delegated authority over all sources within reservation boundaries.
At least arguably, however, tlie report could be read to reflect an
intent to provide tribes with full authority over all reservation
sources, including those that might not fall within the tribe's inherent
authority.
Finally, this language was offered to describe the Senate CAA
amendments, which were not enacted, but contained jurisdictional
language authorizing a tribe to exercise regulatory functions "within
the area of the tribal government's jurisdiction." S. 1630, ง113, p.
165,101st Cong., 2dSess., Apr. 3,1990, printed as passed legislative
day Jan. 23, 1990. Cf. SDWA ง1451(b)(l)(B), 42 U.S.C. ง 300J-
Tribal Liability Under CERCLA
Although tribal participation in CERCLA response activi-
ties is well defined by statute and regulation, the extent to
which a tribe may be liable for the cost of responding to a
release under CERCLA is not. CERCLA imposes liability
r i !"*-ป i
role with regard to a release.118 CERCLA's definition of
"person"119 does not include an "Indian tribe," although
that term is, as noted above, expressly defined. 12ฐ Further,
CERCLA does not expressly provide that tribes may be
treated as states for purposes of imposing liability.121 In-
deed, CERCLA provision on liability mentions tribes in
four separate provisions, all of which describe liability to
tribes, rather than the liability of tribes.122 Two provisions
of CERCLA suggest that the statute's silence as to tribal
liability reflects congressional intent that tribes not be liable
for response costs. First, although CERCLA ง107(a)(4)(A)
recognizes that tribes, as well as states, will carry out emer-
gency response actions,123 it includes a provision expressly
limiting liability arising from such actions, but extends that
limitation only to states and local governments, without
mentioning tribes.124 The omission of tribes from this pro-
vision appears to be predicated on the assumption that tribes
are generally not subject to liability; accordingly they would
have no need for the specific protection of this limitation.
Otherwise, subjecting tribes to such liability could conflict
with the apparent policy goal of this provision, to encourage
emergency response activities by alleviating fears of liabil-
ity arising from such actions. Moreover, the four specific
references to tribes elsewhere in ง107 suggest that the
omission of tribes from this provision was probably not a
drafting oversight.
Second, CERCLA generally requires that a state pay 10
percent of remedial action costs for cleanups within the
state.12i Where a facility was operated by a state or a political
subdivision, a state must pay SO percent of all response
costs;l26 response costs are broader than costs of remedial
action, covering both remedial and removal costs.12? Under
ll(b)(l)(B), ELR STAT. SDWA 021 (identical language in the
SDWA). The actual CAA language Congress adopted, similar to
that in the CWA, would, if anything, support a characterization as
a delegation of authority over all sources within reservation bounda-
ries more readily than the language to which the report refers.
118. ง107(aX2K4). 42 U.S.C งง9607(aX2)-(4), ELR STAT. CERCLA 20-21.
CERCLA ง 107(a)(l) also imposes liability on "the owner and operator of
a... facility," 42 U.S.C. ง9607(aXD, ELR STAT. CERCLA 20. It farther
defines an "owner or operator" as a "person." ง101(20XA), 42 U.S.C.
ง9601(20)(A), ELR STAT. CERCLA 8.
119. CERCLA ง101(21) defines a person as an "individual, firm, cor-
poration, association, partnership, consortium, joint venture, com-
mercial entity, United States Government, State, municipality, com-
mission, political subdivision of a State, or an interstate body." 42
U.S.C. ง9601(21). ELR STAT. CERCLA 8.
120. ง101(36), 42 U.S.C. ง9601(36), ELR STAT. CERCLA 9.
121. ง126, 42 U.S.C. ง9626, ELR STAT. CERCLA 47.
122. ง!07(a)(4)(A), (0(1), (i), and (j), 42 U.S.C. ง9607(a)(4)(A), (0(1),
(i), and (j). ELR STAT. CERCLA 21, 22.
123. See 42 U.S.C. ง9607(a)(4)(A), ELR STAT. CERCLA 21.
124. ง107(d)(2), 42 U.S.C. ง9607(d)(2), ELR STAT. CERCLA 21.
125. ง104(c)(3)(i), 42 U.S.C. ง9604(c)(3)(i), ELR STAT. CERCLA 12.
126. ง104(c)(3)(ii), 42 U.S.C. ง9604(c)(3)(ii), ELR STAT. CERCLA 12.
127. See ง101(23)-(25), 42 U.S.C. ง9601(23)-(25), ELR STAT. CER-
CLA 8.
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9-93
NEWS & ANALYSIS
23 ELR 1010
this provision, a state may also be required to pay a sum
greater than 50 percent, as "appropriate, taking into account
the degree of responsibility of the State or political subdi-
vision for the release."128 This provision does not require
a tribe to pay any share of any response cost, regardless of
the tribe's responsibility for the release. This seems most
consistent with a congressional assumption that tribes, re-
:u:i:*.. t ---- 1 _____ _____ ซ_ __ ..:..J
---- it ---- r
to help pay for cleanups.
There could also be some practical difficulties with
attempting to subject tribes to liability. CERCLA imposes
liability through cost recovery litigation.129 However,
"[s]uits against Indian tribes are ... barred by sovereign
immunity absent a clear waiver [of that immunity] by
the tribe or congressional abrogation." 13ฐ Although this
may not preclude the federal government from maintain-
ing an action against a tribe, >3t CERCLA's silence as to
tribal liability, to the extent it cannot be characterized as
a "clear waiver" of tribal immunity, may preclude any
nonfederal party from initiating an action asserting tribal
liability. At best this could create the apparent anomaly
that a tribe might be liable if named by the United States,
but insulated by sovereign immunity when named by a
third party.
Finally, as a general principle of statutory construction,
statutes are to be construed liberally in favor of tribes, with
ambiguous provisions interpreted in their favor. IM More-
over, statutes are to be construed in ways that promote tribal
128. 5104(c)(3)(C)(ii). 42 U.S.C. ง9604(c)(3)(C)(ii). ELR STAT. CER-
CLA 12.
129. See |107(a), 42 U.S.C. ง9607(a), ELR STAT. CERCLA 20.
130. Oklahoma Tax Commission v. Citizen Band Potawotomi Indian
Tribe of Oklahoma. Ill S. Ct. 905. 909 (1991).
131. See United States v. Red Lake Band of Chippewa Indians, 827 F.2d
380 (8th Cir. 1987); United States v. Yakima Tribal Court, 806 F.2d
853 (9th Cir. 1986).
132. County of Yakima v. Confederated Tribes and Bands of the Yakima
Indian Nation, 112 S. Ct. 683, 693 (1992).
self-government.l33 On the basis of these constructs, the
CERCLA Indian provisions discussed above appear to relate
to tribes and are ambiguous as to tribal liability.
EPA's Indian Policy
EPA's implementation of its various statutory, authorities on
Indian land is governed by the Agency's 1984 Indian Policy. "*
The thrust of the Policy is to encourage tribal self-determination
and to "work directly with Indian Tribal Governments on a
one-to-one basis (the 'Government-to-Govemment' relation-
ship)." I3S It also "recognizes Tribal Governments as sovereign
entities with primary authority and responsibility for the reser-
vation populace." It commits EPA to "encourage and assist
tribes in assuming regulatory and program management re-
sponsibilities for reservation lands."13'
Conclusion
The environmental statutes that authorize EPA to treat tribes
as states effectively ratify the approach EPA adopted in its
1984 Indian Policy. Indeed, if tribes are to remain self-gov-
erning, the only viable approach to reservation management
is one that, like the Indian Policy and the statutes, looks to
tribes to fill the same role for reservations that states fill
elsewhere.
133. Ramah Navajo School Board, Inc. v. Bureau of Revenue of New
Mexico, 458 U.S. 832, 846 (1982).
134. Policy for the Administration of Environmental Programs on Indian
Reservations, U.S. Environmental Protection Agency (Nov. 8,
1984). None of the statutory provisions authorizing treatment of
tribes as states had been enacted at the time EPA promulgated its
Indian Policy. Amendments addressing Indians were added to the
SDWA and CERCLA in 1986, to the CWA in 1987, and to the
CAA in 1990.
135. Id.
136. Id.
137. Id.
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Overview of Indian Lav Issues
1. Tribes
-Indian tribes are sovereign governments, subject to federal but
not state power. Tribal members are citizens of the United
States, of their tribes, and, for some purposes, of states.
-In the late 19th century, Congress encouraged non-Indians to
settle reservations. This policy was discontinued, but large
parts of some reservations are now owned in fee by non-Indians.
2. EPA Indian Policy and Statutes
-Under ifcs 1984 Indian Policy EPA works with tribes on a
government-to-government basis, with tribes playing the same role
on reservations that states play elsewhere.
-Beginning in 1986, the Safe Drinking Water, Clean Water, Clean
Air Acts, and CERCLA have been amended to authorize EPA to treat
tribes in the same manner as states. Agency regulations allow
tribes to qualify for "treatment as states," through a process
tribes have criticized as creating paperwork burdens, and which
the Agency has proposed a regulation to revise. Air Act
regulations will soon be proposed.
3 . Jurisdiction on Reservations
-Tribal civil authority over tribal members and lands is
generally unchallenged. Tribes lack criminal authority over non-
Indians. Tribal civil authority over non-Indians and non-Indian
lands ("fee lands") within reservations is a difficult issue,
that sometimes leads to confrontations between tribes and states.
-EPA recognizes that tribes, as governments, have inherent
sovereign authority over activity on fee lands that "threatens or
has some direct effect on the political integrity, the economic
security, or the health or welfare of the tribe."
-This test, which EPA applies in its Water Act regulations,
involves a fact-specific analysis, recognizing that
environmental activities generally have serious effects.
Tribes can usually demonstrate authority over environmental
matters throughout reservations.
-Some states are uncomfortable with this approach. See
Flathead materials.
-Congress has broad authority over tribal affairs and may, by
statute, delegate authority to tribes, extending tribal authority
to areas that may be beyond the tribe's inherent authority.
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-EPA intends to propose Clean Air Act regulation providing
that, approved tribe will exercise authority over all air
activities within the borders of a reservation, not just
those within tribe's inherent authority.
-Novel interpretation. May have some legal risk.
-Differs from interpretation of Water Acts. May be
pressure to construe Water Acts as delegations, or to
seek amendatory language.
-Delegation approach emphatic in treating reservations
as cohesive administrative units; moves toward limiting
state presence on reservations.
-Provides clarity, predictability.
-Raises jurisdictional issue squarely and attempts "to
resolve it through rule-making, rather than case-by-
case as with inherent authority.
4 . EPA-Tribal Concept Paper
-The Agency has never expressly foreclosed approval of a state
program on a reservation.
-In 1991 EPA's Administrator generally endorsed a Regional
Concept Paper which would effectively preclude almost any state
programs anywhere on a reservation, even in areas where tribe
lacked inherent authority.
-The Agency has never explicitly followed this approach, and
has not discussed it in any regulation governing reservation
jurisdiction, including those promulgated since Concept
Paper. Nevertheless, Paper is sometimes cited as a
statement of official Agency policy.
-If the Agency intends to implement this approach, it should
announce it formally in a forum that provides full notice to
all affected parties.
5. Funding for Tribes;
-Grants are principal component of Indian program to date; Agency
has authorized handful of tribes to operate federal programs, has
awarded hundreds of grants.
-Tribes are eligible for categorical grants for work in
individual programs, such as water or air.
-EPA has special authority to award grants to tribes for the
purpose of developing general capacity to manage reservation
environments. This program grew out of an Agency initiative
to identify how best to meet the needs of tribes.
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Indian Policy
Issued November 1984, when none of EPA statutes addressed tribal
role comprehensively (several statutes have been amended to
specify tribal role in environmental management). Until 1991,
EPA was only Agency with Indian Policy; DOE now has one.
Key principles: recognition of principle of tribal self-
government, and cosssiitaent t-P working with tribes as governments.
Specific Provisions
1. Work with tribes directly, not as subdivisions of
states.
2. Recognize tribal governments as primary parties for
managing reservation environments.
3. Affirmatively encourage and assist tribes in assuming
management responsibility for reservations.
-"EPA will retain responsibility for managing programs
for reservations." Federal programs are not in place
on many reservations.
-Agency will displace state from reservations without
"an express [Congressional} grant of jurisdiction" to
state. Regulations adopted since Policy imply that a
state may be able to assume role on reservation without
an express grant of authority. See Discussion of
Concept Paper in Overview.
4. Work to remove barriers to working effectively with
tribes in managing reservation programs. [To extent this
refers to seeking amendments to statutes that fail to
address tribes, it has been accomplished for stfWA, CWA, CAA,
CERCLA, which now address tribes].
5. Consistent with trust "responsibility, assure that tribal
concerns and interests are considered in decisions affecting
reservations.
6. Encourage cooperation between tribes and state and local
governments.
7. Work with Federal agencies to help tribes assume
reservation management responsibilities.
8. Strive to assure compliance with environmental laws on
Indian land; attempt to bring tribal facilities into
compliance by working cooperatively with tribes before
resorting to more formal enforcement procedures.
9. Incorporate the goals of the Policy into Agency planning
and management.
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Agency Trust Responsibility to Indian Tribes
The federal government has a general trust relationship with
Indians, which informs federal policy and requires that the
federal government consider the best interests of the tribes in
its dealings with them. However, specific, legally enforceable
trust responsibilities ordinarily arise only from a formal action
of the United States, such as a statute, treaty, or executive
order.
The legal contours of the federal trust responsibility have
hot been fully defined; the Supreme Court has recently declined
to expand trust doctrine in Lincoln v. viail. OGC is currently
examining whether and to what extent the trust responsibility may
impose legal duties on EPA in implementing environmental programs
on Indian lands. Because the responsibility is federal. it will
be necessary to coordinate with other agencies, including DOI and
HHS, as well as DOJ, before adopting any formal views.
It is our current understanding that the trust relationship
provides a compelling policy argument for adopting policies and
practices that favor Indian tribal interests. It also provides
the basis for a legal argument to support such policy decisions.
However, it is unclear whether and to what extent the trust
relationship can, in the absence of a specific statutory or other
mandate, create a legally enforceable duty for the Agency to
adopt particular policy choices.
December 1993 Region 5 ORC staff memo suggests that the
federal trust responsibility may compel certain policy choices.
Parts of the analysis are problematic.
-Most potentially serious problem is statement that "Federal
agencies administering Indian programs ..., when faced with
more than one reasonable course of action, must choose the
alternative that is in the best interest of the affected
Indians." [emphasis added]. To the extent this suggests
that EPA could be legally precluded from choosing the
alternative that is in the best interest of the environment,
it is not correct.
-Suggestion that EPA might have broad responsibility to
protect certain tribal resources located outside reservation
boundaries is speculative.
-Memorandum may have been circulated outside the Agency, and
could be raised at forthcoming Tribal Operations Committee
meeting to urge the Administrator to adopt an expansive view
of the federal trust responsibility to tribes. Other
materials placed before the Administrator have also taken an
expansive view of the federal trust responsibility..
-General Counsel is preparing to address issue of trust, has
not yet adopted formal position.
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Flathead Issues
60% of reservation land owned by tribe or individual Indians;
rest by non-Indians; 75% of residents are non-Indian.
Tribe and state disagree bitterly over tribal authority to
regulate non-Indian lands located within reservation boundaries:
Non-Indian irrigators have actively lobbied against tribal
jurisdiction directly, and through senator Baucus, who
argued that EPA regulations should define tribal
jurisdiction under CWA narrowly; CWA regulations have not
followed this approach.
Mike Evans, former Baucus staffer, now General Counsel of
EPWC, met with Agency staff to express concern with tribal ..
regulation of non-Indians on Flathead reservation; suggested
that if EPA construes CWA to subject non-Indians to civil
actions in tribal courts, (which are not subject to Bill of
Rights), CWA should be amended. Specific concerns focused
on inability of non-Indians to participate in tribal
government, problems obtaining just compensation for
regulatory takings.
Tribe has active, sophisticated environmental program with
large staff, extensive experience working with EPA grants.
ซ%
^
Tribe has submitted applications for approval of programs
under Sections 303 (Water Quality Standards or "WQS") and
404 (wetlands) of the Clean Water Act. Tribe has expressed
concerns that EPA has not processed applications promptly.
303 package in final- stages of review in Region, may be
nearly ready for decision; final Regional action may be
delayed to accommodate public meetings RA would like to
arrange with irrigators. Upon approval in Region, will
come to HQ for concurrence (as first 303 approval in
Region 8). If approved immediately, would be fourth
tribal 303 program approved.
404 package is now complete, being reviewed in Region.
Upon approval, will come to HQ for concurrence. To
date, one state has obtained 404 program approval
(approval of a second is imminent); Flathead would be
first tribe in nation.
Key issue: jurisdiction. WQS regulation, based on Supreme Court
decisions, finds tribal jurisdiction over management of water
activity that has a substantial effect on tribal health or
welfare. EPA will approve application if it meets this test, but
if decision is challenged, reservation demographics may make this
an unattractive "test case" for regulation.
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Alaska Native Villages and Alaska Kative Corporations.
1. Background: ANCSA
Status of Alaska Indians defined by Alaska Native Claims
Settlement Act (ANCSA), which provided Alaska Indian entities
with money and title to some lands as part of final settlement of
Indian claims to large areas of land; this ensured the orderly
development of Alaska resources, including oil.
Alaska Native Villages function as governments with
authority over their members; other Alaska Indian entities,
such as Native Corporations may perform non-governmental
' functions.
Native Villages do not have "reservations," generally do not
have land held in trust for them by the U.S.; ("trust"
status is important basis for tribal jurisdiction over
land).
2. Issues for EPA Programs
EPA statutes generally authorize EPA to work only with tribes
that are federally recognized. DOI periodically publishes a list
. of recognized Indian tribes. Entities not on this list are not
[ ""federally recognized" for purposes of EPA programs. October
<ซปป 1993 list includes over 200 villages, regional tribes that
function as governments, but does not include non-governmental
entities such as Native Corporations (which were included in 1988
list).
A January 11, 1993 DOI Solicitor's Opinion states tha.t villages
have little or no governmental power over lands. That statement
is under review but has not been withdrawn or modified. This
creates some uncertainty about role of villages for EPA programs.
EPA statutes authorize role only for tribes with "reservation" or
jurisdiction over some "area;" under Solicitor's Opinion,
villages may not meet this requirement.
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EPA Indian Law Issues
I. EPA Indian Policy and Statutes
A. Tribes
Indian tribes are distinct political entities, "domestic,
dependent nations," possessing a unique sovereignty. Tribes are
subject to the supreme power of the federal government, but not
to state power. Tribal members are citizens of the United
States, of their tribes, and, for many purposes, of the states in
which they live. The Bill of Rights does not apply to Indian
tribes, although the Indian Civil Rights Act imposes many of the
same limitations on tribal governmental power. There are nearly
three hundred federally recognized tribes in the continental
United States; their reservations cover an area larger than New
England. Collectively, the nation's tribes are extremely
diverse, culturally, politically, and sociologically.
Although tribes historically have been located on
reservations, for a time late in the nineteenth century Congress
adopted a policy of terminating reservations, allotting part of
the land to individual Indians and making the rest available for
non-Indians for purchase and settlement. By the time this policy
was discontinued, substantial portions of some reservations were
owned by non-Indians.
B. EPA Indian Policy
EPA statutes define a federal-state partnership in
environmental management. However, states generally lack
authority on Indian lands, and the statutes have, until recently,
not addressed such lands. Under its 1984 Indian Policy EPA
undertook to work with tribes on a government-to-government
basis, with tribes playing the same role on reservations that
states play elsewhere. Since 1986, the Safe Drinking Water,
Clean Water, and Clean Air Acts, and CERCLA have been amended to
address Indians by authorizing (but not requiring) EPA to treat
Indian tribes in the same manner in which it treats states.
Agency Water Act regulations allow tribes to apply for "treatment
as states," through a process tribes have criticized and which
the Agency has issued a regulatory proposal to revise.
II. Jurisdiction on Reservations
Tribal authority over tribal members and lands is generally
unchallenged. However, authority over non-Indians and non-Indian
lands within reservations is a difficult political and legal
issue, that is a source of friction between tribes and states.
EPA's analysis of reservation jurisdiction is based on the
Supreme Court's recognition that "a tribe may ... retain inherent
-------
power to exercise civil authority over the conduct of non-Indians
on fee lands within its reservation when that conduct threatens
or has some direct effect on the political integrity, the
economic seuuriLy, Ot tilts liectltii Ot" welfare Of the tiTiije." Iu
determining whether a tribe has jurisdiction over an activity,
EPA conducts a fact-specific analysis which focuses on the
effects of the regulated activity on the tribe, recognizing that
environmental activities generally have serious impacts on human
health and welfare. Although this approach addresses
jurisdiction on a case-by-case basis, and recognizes the
possibility that a tribe might lack jurisdiction in some cases,
as a practical matter it means that tribes will usually be able
to demonstrate authority over environmental matters on fee lands.
Some states are uncomfortable with EPA's approach, particularly
as applied to reservations with large non-Indian populations.
Congress has broad authority over tribal affairs and may, by
statute, delegate federal authority to a tribe. Such a
delegation could provide a federal statutory source of tribal
authority that would not depend on the tribe's inherent
authority. The Agency has not construed the Clean Water or Safe
Drinking Water Acts as such delegations; however, EPA is
preparing to issue regulations under the Clean Air Act, under
which approved tribes will have jurisdiction over entire
reservations.
III. Trust Responsibility
The federal government has a general trust relationship with
Indians. This relationship is based in part on the fact that the
United States holds title to Indian lands and resources as
trustee for tribes. The existence of a trust relationship
informs federal policy and requires that the federal government
consider the best interests of the tribes in its dealings with
them. The trust also provides the basis for the legal principle
that ambiguities or doubts in statutes must be construed in favor
of Indians. However, specific, legally enforceable trust
responsibilities ordinarily arise only from some formal action of
the United States such as a statute, treaty, or executive order.
The legal contours of the federal trust responsibility have
not been fully defined; the Supreme Court recently declined to
expand trust doctrine in Lincoln v. Vigil. While the trust
relationship provides a compelling policy argument for adopting
policies and practices that favor Indian tribal interests, it is
unclear whether and to what extent the trust relationship can, in
the absence of a specific statutory or other mandate, create a
legally enforceable duty for the Agency to adopt particular
policy choices. OGC is currently examining this issue closely.
-------
IV. Funding Issues
Many tribes seek financial assistance for developing
environmental programs. Tribes are eligible for categorical
grants for work in individual programs, such as water or air. In
addition, as a result of an Agency initiative to identify how
best to meet the needs of tribes, EPA sought and obtained
Congressional authority to award multimedia grants to tribes for
the purpose of developing general capacity to manage reservation
environments. The Indian Environmental General Assistance
Program Act of 1992 gives the Agency a new authority that
supports continued funding of general tribal capacity building
and program development. The Agency is currently developing
regulations for implementing that new authority.
V. State-Tribal Agreements
Cooperative agreements provide a mechanism for addressing
jurisdictional tensions between tribes and states. It has been
the stated policy of Congress (in the Clean Water Act) and the
Agency to promote such agreements wherever possible. While it is
clear that a tribe cannot cede jurisdiction to a state under a
cooperative agreement, there may be considerable flexibility in
the types of activities states can perform for tribes under such
agreements. Intergovernmental cooperation is also critical among
tribes, which frequently work together, pooling resources and
knowledge in consortia.
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Flathead Issues
1. Jurisdiction, Tribal program applications
55-60% of reservation land owned by tribe or individual Indians;
rest by non-Indians; 75-90% of residents are non-Indian.
Tribe and state disagree bitterly over tribal authority to
regulate non-Indian lands located within reservation boundaries:
Non-Indian irrigators have actively lobbied against tribal
jurisdiction directly, and through Senator Baucue, who
argued that EPA should define tribal jurisdiction narrowly
in Water Quality Standards Regulation; Regulation, as
promulgated rejected this approach.
Miike Evans, former Baucus staffer, now General Counsel of
EWPC, met with Agency staff to express concern with tribal
regulation of non-Indians on Flathead reservation; suggested
that if EPA construes CWA to subject non-Indians to civil
actions in tribal courts, (which are not subject to Bill of
Rights), CWA should be amended.
Tribe has active, sophisticated environmental program with.
large staff, extensive experience working with EPA grants.
Tribe has submitted applications for approval of 303 (Water
Quality Standards), 404 (wetlands) programs under Clean
Water Act. (WQS Regulation issued in 1991; 404 regulation
issued Feb. 1993, long after tribe submitted application).
Key issue: jurisdiction. WQS regulation, based on Supreme Court
decisions, finds tribal jurisdiction over management of water
activity that has a substantial effect on tribal health, or
welfare.
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SUMMARY
"Treatment-as-a-State" Regulations
U.S. Environmental Protection Agency
The amendments to the Interim Final Rule under the Clean
Water Act and the proposed amendments to Final Rules under the
Clean Water and Safe Drinking Water Acts are designed to simplify
EPA's process for qualifying Indian tribes for financial
assistance and program approval. They were developed because the
Agency process for approving Indian tribes for "Treatment as a
State" (TAS) under various programs has proven to be burdensome
and offensive to tribes.
Background
The Clean Water, Safe Drinking Water, and Clean Air Acts
authorize EPA to treat Indian tribes as states for purposes of
certain types of grant awards and program authorization. The
only statutory requirements are that a tribe be federally
recognized, have a governing body carrying out substantial duties
and powers, and have adequate jurisdiction and capability to
carry out the proposed activities. The Agency promulgated
regulations for implementing this authority under the Water Acts
and is developing the Air Act regulations.
Changes to Existing Process
A. Elimination of separate "TAS* approval
None of the statutes compel the use of a formal TAS or other
prequalification process separate from approval of the request
for a grant or program approval. However, the Agency initially
chose to implement provisions of the Clean Water and Safe
Drinking Water Acts by establishing a formal prequalification
process under which tribes can seek eligibility under these
statutes. Under the proposed and interim final rules, current
regulations would be amended to eliminate TAS review as a
separate step in the processing of a tribal application for a
grant or program approval. Under the new, simplified process,
the Agency will ensure compliance with statutory requirements as
an integral part of the process of reviewing grant or program
approval applications.
B. Minimize use of the term "treatment-as-a-state"
The term "treatment-as-a-state" is somewhat misleading and
may be offensive to tribes. To the extent possible, the rules
amend existing regulations so as to discontinue use of the term
"treatment as a state;" however, since this phrase is included
in several statutes, its continued use is sometimes necessary.
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J.sh uniform requirements for "recognition"
"govenmental* reuirements under each statute
As a general rule, the "recognition" and "governmental"
requirements are essentially the same under the Clean Water, Safe
Drinking Water, and Clean Air Acts. The new process will reflect
this by establishing identical requirements for making this
showing under each statute. Moreover, the fact that a tribe has
met the "recognition" or "governmental functions" requirements
under the Clean Air Act or either of the Water Acts will
establish that it meets those requirements under all three
statutes.
D. Eliminate unnecessary and/or duplicative requirements
and expedite the process regarding the estab.Hsh.ment of tribal
"jurisdiction
Because a tribe may have jurisdiction over, and capability
to carry out, certain activities (e.g. . protection of the quality
of a particular lake for the Clean Lakes program under the clean
Water Act) , but not others (e.g. . waste management on a portion
of the reservation far removed from any lakes) , the new process
does not foreclose the Agency from making a specific
determination that a tribe has adequate jurisdictional authority
and administrative and programmatic capability before it approves
each tribal program.
The portion of existing regulations on jurisdictional
determination under which governments comment on tribal
jurisdiction will be substantially altered under the proposed and
interim final rules:
(1) comments will no longer be sought from "appropriate
governmental entities" with regard to tribal grant applications;
(2) for approvals of all Drinking Water regulatory programs
and most Clean Water programs under existing regulations, EPA
will not authorize a state to operate a program without
determining that the state has adequate authority to carry out
those actions required to run the program. This applies also to
a tribe seeking approval, and ensures that a close analysis of
the legal basis of a tribe's jurisdiction will occur before
program authorization. Accordingly, a separate TAS
jurisdictional review is not needed to verify that a tribe meets
the statutory requirement, and is therefore eliminated for all
programs under the Safe Drinking Water Act, and for the Clean
Water Act's 404 program. This change will have the effect only
of eliminating duplicative requirements;
(3)
for the Water Quality Standards program, there is no
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&EPA
U.S. Environmental Protection Agency
Region 7
Tribal, State and Local
Capacity Building Workgroup January 1994
Everything You Wanted To Know
About Environmental Regulations ...
but were afraid to ask
A Guide for Indian Nations
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Dear Tribal Representative:
In developing this document, "Everything You Wanted To Know
About Environmental Regulations But Were Afraid To Ask," we have
attempted to provide you with information that will assist you in
protecting the environmental resources of your reservation.
While the Environmental Protection Agency can provide the
framework for regulatory compliance, program development, and
technical assistance, we acknowledge that Tribes are stewards of
their land, air, and water. Tribal governments provide a vital
role of educating EPA in traditional and valuable stewardship
perspectives. We appreciate this leadership, and look forward to
working with you in the future to protect the tribal environment.
Sincerely,
.liam W. Rice,
Acting Regional Administrator
Region 7 Environmental Protection Agency
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Everything You Wanted To Know About Environmental Regulations
But Were Afraid To Ask
Comments and Evaluations
Please indicate which handbook you received:
Tribal Iowa Kansas Nebraska
Please indicate your affiliation: Community State
Assistance Provider Federal Other
Did you find the handbook helpful?
Did you learn about any regulations you were unaware of? If so,
which one(s)?
Did you make any new contacts as a result of this handbook?
What improvements would make the handbook more helpful to you?
Thank you for your time and thoughts. Please fold this page on the
dotted line, and mail (with a stamp) to the address on the other
side.
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Water Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, Kansas 66101
Attn: WPAB/WIAS
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Everything You Wanted To Know
About Environmental Regulations
But Were Afraid To Ask
A Guide For Indian Nations
January, 1994
This handbook was produced by the Region 7 office of the Environmental
Protection Agency (EPA). Cover by Bill Landis, Office of Public Affairs, Region 7.
Printed on recycled paper
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Preface
This handbook was prepared for use by representatives of tribal
comunities as a quick reference to the environmental issues facing their
members. This handbook provides only a summary of basic environmental
information. It is not a definitive statement to the specific ways in which a tribal
community may assure environmental compliance; it is a quick guide to the
environmental programs that typically apply to reservations.
The requirements and guidance presented in this handbook are based
on federal regulations and/or guidance in place in mid-1993. It should be
expected that some of these requirements/guidance will change in the future.
The handbook is organized according to key program areas. After
highlighting services available to you from EPA Region 7, the handbook
explores Cross Media, Air, Land, and Water programs. Cross media programs
are those that can reach across any of the other program areas. Definitions
and acronyms are provided at the end of the handbook.
This document was initially prepared in 1990 by the Midwest Assistance
Program (MAP) under contract to the U.S. Environmental Protection Agency,
Region 8. It was expanded by the Region 8 Small Community Work Group
in early 1991. In Region 7, separate handbooks have also been developed for
each of the four states. A few sections on various wastewater related grant
programs were obtained from Region 8's, Water Management Solutions. A
Guide for Indian Tribes (EPA 908-K-93-001; February, 1993).
11
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Table of Contents
CROSS MEDIA PROGRAMS
Pollution Prevention 1
Tribal - Private Partnerships 3
SARA Title HI Emergency Planning and Community Right-to
Know Act 5
Asbestos 7
Indoor Radon 11
Pesticides 13
Toxics - PCB's 15
AIR PROGRAM
Clean Air Act Amendments 16
Refrigerant Recycling and the Prohibition on Venting 17
LAND PROGRAMS
Superfund 19
RCRA Hazardous Waste 20
Subtitle D Municipal Solid Waste Landfill Criteria 23
Underground Storage Tanks 25
6
WATER PROGRAMS
Water and Wetlands Protection 27
Drinking Water 29
Inorganic Chemicals 31
Asbestos 34
Fluorides 36
Lead Material Ban 38
Lead and Copper 40
Synthetic Organic Chemicals (Non-Volatile) 43
Volatile Organic Chemicals 46
Coliform Monitoring 50
Surface Water Treatment Rule 52
Radionuclides 55
Disinfection and Disinfection By-Products 57
Public Notification 59
Underground Injection Control 64
(Cont'd)
iii
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Clean Water Act
106 Water Quality Management Planning
Nonpoint Source Pollution Control
Water Quality Standards Program
Indian Set-Aside Program
Clean Lakes Program
National Pollutant Discharge Elimination System
Secondary Treatment of Wastewater
Sewage Sludge Use and Disposal
Pretreatment Requirements
Stormwater
65
66
67
68
69
70
71
72
73
74
DEFINITIONS-ACRONYMS
76
IV
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EPA REGION 7 SERVICES
Toll-Free Access
Residents of tribal communities in Region 7 can call the U.S. Environmental
Protection Agency, Region 7 Environmental Action Line, 1-800-223-0425. During
the week, operators can connect you to appropriate contact persons or programs.
After hours, and on the weekend, you will be able to leave a message.
EPA Regional Library
A number of services are available to residents of Region 7 from EPA's regional
library in Kansas City, Kansas (726 Minnesota Ave.; KG, KS 66101). The library
is available for use from 9:00 a.m. to 5:00 p.m. Monday-Friday. The regional library
provides interlibrary loans through the Online Computer Library Center (OCLC), or
by using a standard American Library Association (ALA) form available through your
reservation library.
The tribal members can also access the library via the Online Library System
(OLS), a computer catalog of EPA's library network. An information handout about
OLS and howto use it is available from the library. To contact the library, call (913)
551-7241, or (913) 551-7358.
Tribal Contacts at Region 7
In addtion to the toll free number list above, please contact the reservation liaison
at (913) 551-7298,or the Region? Indian Coordinator at (913) 551-7810. A voice mail
message may be left on these numbers 24 hours a day.
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Multi-Media Agreements For Indian Tribes
Public Law 102-389 provides "...that from funds appropriated under this
heading, the Administrator may make grants to federally recognized Indian govern-
ments for the development of multi-media environmental programs."
EPA's goal is to assist in the development of tribal environmental programs
which are tailored to individual tribal needs. Multi-media assistance agreements are
intended to assist Indian tribes in developing the capacity to manage their own
environmental programs by providing an integrated and streamlined means for the
tribes to receive federal assistance. Multi-media assistance agreements offer the
opportunity for a tribe to develop an integrated environmental program, develop the
capability to manage specific delegated programs, and as appropriate, implement a
continuing core program for pollution prevention, abatement and control. These
assistance agreements provide the opportunity for the tribes to define and develop
administrative and legal infrastructures, and to implement program-specific
assessments, inspections, monitoring, planning and corrective actions, and to under-
take other activities to develop environmental programs within a simplified admin-
strative framework. As the administrative requirements are minimized with a
multi-media assistance agreement, the tribe's resources are focused on
environmental management.
The objective of the multi-media grant approach is to build tribal capacity
by directing resources to environmental management through a simplified admin-
strative process. For additional information on multi-media agreements, contact:
Indian Program Coordinator
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7810
VI
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Emergency Response
Region 7 operates an Emergency Response Program to receive reports
and to respond to environmental spills. The number to call is 1-816-236-3778
to report a spill. The phone is answered 24 hours each day. Over 4,000 such calls
are received each year. The person who answers the call will obtain as much
information as possible about the spill and will then arrange to have a Tribal or
Federal agency respond to the spill, as appropriate. The party responsible for the
spill will be provided an opportunity to participate in the response and they usually
do so to limit their liability.
In addition to the Emergency Response Program, the Region performs
chemical safety inspections to help facilities reduce their chances of having a spill.
During these inspections a team of experts examine all parts of the facility, the
equipment and the procedures in use at the facility and then make recommendations
to minimize losses from accidental releases. Many facilities request that Region 7
perform a chemical safety inspection at their facility. Inspections are routinely done
at facilities that experience spills.
In the third part of the program the Region provides training for first
response personnel. These are most often the local fire or police departments. The
first responder training includes safety, communications and contacts who can
provide assistance when necessary.
-VII-
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CROSS MEDIA PROGRAMS
POLLUTION PREVENTION
1
o
EPA's Pollution Prevention approach
The Pollution Prevention Act of 1990 establishes pollution prevention as
national policyEPA'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. Pollution that cannot be
prevented should be recycled whenever possible. Pollution that cannot be pre-
vented or recycled should be treated in an environmentally safe manner. Disposal
or other release into the environment should be used only as a last resort and should
be conducted in an environmentally safe manner. Instead of using traditional
pollution treatment and control methods to stop existing pollutants from reaching
the environment, pollution prevention aims to anticipate and avoid the generation
of pollutants in the first place.
Actions for tribal communities
Rulings by courts, pronouncements by EPA, or wishing alone cannot clean up
the environment or keep it from becoming more polluted. What we need is a unified
effort. Tribal leaders can develop policies that encourage environmental awareness
and provide mechanisms to help build/maintain the ethic of preventing pollution.
Here are suggestions on how tribal 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
reservation activities. Publicly recognize pollution prevention as a
priority. Practice what you preach-set an example.
-Educate the tribal community about pollution prevention. Create an
awareness of the profitability and benefits ofpollution prevention through
greater efficiency and stewardship of natural resources.
-Develop programs that provide environmental alternatives:
-Recycle paper, glass, plastic, aluminum, scrap metal, motor oil, and yard
wastes.
-Use less energy. Set back thermostats; insulate; buy energy-efficient
lighting and appliances and make creative use of daylight
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-Use less water. Be conservative. Use ultra-low flush toilets; install water
meters; repair leaks; review maintenance schedules; use water conserving
landscaping.
-Buy energy efficient automobiles and other vehicles and keep them tuned.
Carpool, bike, walk, or use mass transit when possible.
- Encourage sustainable agriculture. Take advantage of natural methods of
protection. Apply pesticides, such as insecticides and herbicides, carefully
if they must be used.
-Reduce smoke, radon, asbestos and other indoor-air pollutants.
-Control hazardous waste. Reduce toxic use, encourage product substitution
and more environmentally sound operation modifications.
-Buy recycled or recyclable products. Seek out reusable, recyclable or
returnable packages.
-Reduce risks from lead. Be careful around surfaces covered with lead-based
paint, and be cautious when children are nearby during renovation or
rehabilitation of old buildings. Be sure drinking water does not contain
harmful levels of lead or other contaminants.
-Plant trees, shrubs, and indoor plants to replenish the earth's oxygen
supply and clean the air.
Additional Information
Regional Contact:
Pollution Prevention Program:
Waste Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7050
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CROSS MEDIA PROGRAMS
TRIBAL-PRIVATE PARTNERSHIPS
As a tribal community leader, you face the prospect of building or upgrading
facilities to meet environmental needs. You already may be feeling the squeeze of
growing environmental protection needs and expectations coupled with decreased
funding for infrastructure projects. As the pressure grows to minimize rate shock for
facility users, tribal leaders must find new ways for their communities to hold down
costs and build support for necessary additional expenses. Tribal-private partnerships
offer one solution.
"The Self-Help Guide for Local Governments" has been written to acquaint
local officials with the concept of public-private partnerships, their benefits, and the
steps a community must take to build relationships with the private sector. Much of
this information is also applicable to tribal situations. This information will be
conveyed in the following sections:
Tribal-Private Partnerships: What and Why
A tribal-private partnership is a contractual relationship between a tribal and
private partner that commits both to providing an environmental service. The private
sector can be involved in a variety of ways, from the initial design of a facility to its
daily operation and maintenance.
Although each arrangement is unique, most partnerships fall into one of five
categories. These types are contract services, turnkey facilities, developer financing,
privatizations, and merchant facilities. There are different benefits associated with
each of these categories.
Tribal communities could enter into a partnership for a variety of reasons.
These include: access to more sophisticated technology; cost-effective design, con-
struction and/or operation; flexible financing; delegation of responsibility and risk; and
guaranteed cost.
Building a Tribal-Private Partnership: An Action Checklist
No two communities build a partnership in exactly the same way, but all must
take roughly the same steps. This document presents an action checklist of the steps
that will help a community make many decisions necessary to enter into a contract with
a private firm.
A tribal community can initiate the partnership process by evaluating its service
needs, reviewing available technology, and identifying resources that may be able to
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assist in the development of the contract. It is also important for tribal leaders to
generate public support while they are evaluating financing prospects and studying
laws and regulations.
Reviewing a potential private partner's track record is also an important part of
the process. Eventually, tribal leaders must narrow partnership options, select and
conduct its procurement process and finally, develop the service agreement
Financing, Procurement, and the Service Agreement
Three of the most difficult steps in building a partnership are financing,
procurement, and the service agreement.
In choosing a financing method, a tribal community should estimate the capital
required and identify various financing options. These financing strategies should
then be assessed against the financial condition of the tribe, the project's costs and any
risks. The tribal community must select the option which is most appropriate by
comparing benefits and costs.
A tribal government starts to implement its choice by initiating the procurement
process. The three types of procurement most communities select are advertised
procurement, competitive negotiation, and two-step advertising. While advertised
procurement allows the community to dictate the terms of the solicitation, competitive
negotiation offers greater flexibility. Two-step advertising is a mixture of the other
two.
Finally, a partnership arrangement must be defined in a service agreement.
Each contract must include a number of elements. The contract must define: the
project and performance criteria; compensation method and timing; changing
situations and risk allocations; and contract termination and step-in-rights. Insur-
ance and bonding should also be considered since they may affect the terms of the
contract.
Additional Information
Public-Private Partnership Program:
Office of Policy and Management
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7045
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CROSS MEDIA PROGRAMS
Q
SARA TITLE III - THE EMERGENCY
PLANNING AND COMMUNITY RIGHT-TO-KNOW
ACT (EPCRA)
SARA Title III has two purposes: to encourage and support emergency
planning for responding to chemical incidents, and to provide tribal governments and
members with timely and comprehensive information about possible chemical
hazards in tribal communities.
Does the Emergency Planning and Community Right-to-
Know Act apply to a tribal community?
Yes, the chemicals in your community may pose a threat to members and to
those individuals bein g asked to respond to emergencies involving hazardous substances.
All facilities in the tribal community storing certain hazardous chemicals (exceeding
specified quantities) must provide information to government agencies and tribal
communities. Also, if there is a chemical incident which results in the release of any
one of a large number of hazardous substances, immediate notification must be made
to governmental agencies.
The law provides stiff penalties for facilities that do not comply, and it allows
tribal members to file lawsuits against companies and government agencies to force
them to obey the law.
What are the requirements under this law?
The law, passed in October 1986, had many requirements and deadlines. For
example, governors were required to establish State Emergency Response Commis-
sions (SERCs); facilities subject to emergency planning requirements were required to
notify their state commissions: and SERCs were required to appoint Local Emergency
Planning Committees (LEPCs). LEPCs were required to analyze hazards and develop
a local emergency plan to respond to chemical emergencies in each local district
Additionally, the LEPC must exercise, review and update the plan annually, informing
the citizens and the tribal community of these activities.
The LEPC has other responsibilities besides developing an emergency
response plan. It receives emergency release and hazardous chemical inventory
information submitted by local facilities and must make this information available to
the citizens and the tribal community upon request.
-5-
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Tide HI requires owners and operators of facilities storing specified hazardous
substances to report to the LEPC within 60 days. When facilities provide the
information required by the Act, local officials and tribal communities can better
prepare themselves for chemical emergencies.
If the Emergency Planning and Community Right-to-Know Act
applies, what should I do?
As a tribal official you should insist on complete planning and adequate
preparation for an emergency. There are three options for tribal compliance under
EPCRA:
- The Tribe may form an independent Tribal Emergency Response Commis-
sion (TERC) with either a separate Local Emergency Planning Committee (LEPC)
or a combination TERC/LEPC which serves both roles.
- Two or more Tribes may join together with a cooperative agreement to form
a TERC. Each Tribe may form a separate LEPC or there may be one LEPC to serve
all the tribes.
- TheTribe(s)may form a cooperative agreement with the State where the State
will do emergency actions, but the Tribe will do the planning. In this case, the Tribe
will either be a separate LEPC within the State or participate in a nearby LEPC.
It is important not only to participate in emergency planning, but also to
communicate with the members of the LEPC. Become familiar with the law so that
you will know what tools are being made available to the tribal community to better
assess and manage risks present within the community. Identify what needs to be done
at the reservation level to deal more effectively with and prevent chemical
emergencies.
Additional Information
Regional Contact:
Toxics Substances Control Section
Air and Toxics Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7020
SARA Title III Hotline, 1 -800-535-0202
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CROSS MEDIA PROGRAMS
ASBESTOS
Schools - Reservation. Public and Private Nonprofit
On October 22, 1986, the President signed the Asbestos Hazard Emergency
Response Act (AHERA) into law. The Act required EPA to develop regulations
creating a comprehensive framework for addressing asbestos hazards in schools. The
Act required EPA to construct a model accreditation program for individuals who
conduct inspections for asbestos, develop management plans, and perform abatement
work. Asbestos is also regulated under the authority of the National Emission
Standards for Hazardous Air Pollutants in the Clean Air Act.
Other provisions of AHERA require all tribal, public and private elementary and
secondary schools to conduct inspections for asbestos-containing building materials,
develop management plans, and implement response actions in a timely fashion.
Specifically, each local education agency (or LEA, which means a public school
district or private nonprofit school) must do the following:
-Designate and train a person to oversee asbestos-related activities in the LEA
(designated person).
- Inspect every school building for both friable and nonfriable asbestos
containing building materials.
- Prepare a management plan for managing asbestos and controlling exposure
in each school and submit that plan to the appropriate state agency. The plan
should include a time frame for implementation of recommended actions.
- Use only properly accredited persons to conduct inspections and develop
the asbestos management plan. Accredited personnel must also conduct the
required triennial reinspections.
- Provide custodial staff and short-term workers with information about the
location of any asbestos-containing materials. Post warning labels as re-
quired.
- Every six months, survey all locations of asbestos-containing materials for
any damage. Take appropriate steps to repair/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.
- Notify parents, teachers, and other school employees about the asbestos
inspection and the availability of the asbestos management plan for review.
7-
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- Utilize properly accredited individuals to design and conduct asbestos
abatement actions that are necessary and appropriate to protect health and
the environment These actions or methods must be documented in the
management plan.
- Keep records of all asbestos-related activities in each school plan and make them
available for public review.
LEAs were required to begin implementation of their management plans by July
9, 1989. LEAs are required to update and maintain management plans to reflect
activities with ongoing operations and maintenance, periodic surveillance, inspection.
reinspection, and response action activities.
All Buildings
In 1971 the Administrator of the EPA determined that asbestos presents a
significant risk to human health and is therefore a hazardous air pollutant. The
National Emission Standards Hazardous Air Pollutants (NESHAP) for asbestos,
promulgated under section 112 of the Clean Air Act, specifies emission control
requirements for the milling, manufacturing and fabricating of asbestos, for
demolition and renovation activities, and for the handling and disposal of asbestos-
containing waste materials.
The NESHAP requires that each owner or operator of a demolition or
renovation activity thoroughly inspect the affected facility or part of the facility for the
presence of asbestos including Categories I and II nonfriable asbestos before
commencement of the demolition or renovation. Private residences of four units or less
are exempt from the NESHAP.
Under the NESHAP, all demolitions require notification to the appropriate
regulatory agency, including facilities containing no asbestos. Work practice
procedures, waste disposal requirements, and recordkeeping provisions apply to
those demolition operations where the amount of regulated asbestos-containing
material (RACM, as defined in Section 61.141), when measured, meets or exceeds 260
linear feet on piping, 160 square feet on other facility components, or 35 cubic feet of
asbestos-containg material that has already been stripped or removed and placed in
containers or left on the floor or ground.
Under the NESHAP, renovation operations require notification to the appropri-
ate regulatory agency, as well as compliance with work practice procedures, waste
disposal requirements, and recordkeeping provisions apply to those demolition
operations where the amount of RACM, when measured, meets or exceeds 260 linear
feet on piping, 160 square fee ton other facility components, or 35 cubic feet of asbestos-
containg material that has already been stripped or removed and placed in containers or
left on the floor or ground.
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The NESHAP requires at least one representative trained in the provisions of
this regulation be on site during any stripping, removal, or handling of RACM The
AHERA contractor/supervisor course meets the NESHAP training requirements.
The NESHAP requires notification be submitted at least 10 working days before
any asbestos stripping, removal, or any other activity begins that would otherwise
disturb the asbestos material.
Please notify EPA Region 7 if a demolition or renovation is to occur in your area.
How do I obtain more information?
Under AHERA, LEA's afford citizens and applicable tribal communities the
opportunity to become familiar with asbestos activities in their respective school
districts. The initial point of contact to obtain information on asbestos activities should
be the LEA designee. This individual is most familiar with the asbestos situation in
your school.
Additional Information
EPA Toxic Substances Control Act (TSCA) Hotline 1-202-554-1404
ASHHA Asbestos Hotline (Schools) 1-800-462-6706
"Managing Asbestos in Place, A Building Owner's Guide to Operations and
Maintenance Programs for Asbestos-Containing Materials"
"The ABC's of Asbestos in Schools"
"100 Commonly Asked Questions About the New AHERA Asbestos-in-
Schools Rule"
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For the following information, please call the EPA Region 7
office contact.
40 CFR 61 National Emission Standard for Hazardous Air Pollutants;
Asbestos NESHAP Revision; Final Rule
"The Asbestos Informer"
"Asbestos/NESHAP Adequately Wet Guidance"
"Asbestos/NESHAP Regulated Asbestos-Containing Materials Guidance"
"Reporting and Recordkeeping Requirements for Waste Disposal"
"Common Questions on the Asbestos NESHAP"
"A Guide to the Asbestos NESHAP As Revised November 1990"
Regional Contact:
Asbestos Control Program
Air and Toxics Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7499
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CROSS MEDIA PROGRAMS
a
INDOOR RADON
Radon is a naturally occurring radioactive gas that comes from the natural
breakdown (radioactive decay) of uranium in soil, rock and water. Radon moves up
through the ground to the air above and into homes and other buildings through cracks
or holes in the foundation, and other entry points. The home acts to trap radon gas,
especially when the home is closed, increasing indoor radon levels. Most soils contain
varying amounts of uranium, and, therefore, elevated radon levels have been found in
homes, schools and buildings throughout the U.S.
Exposure to high radon levels is dangerous. The health hazard from radon arises
from inhaling its radioactive decay products. The Surgeon General has warned that
radon is the second leading cause of lung cancer in the U.S. today. For persons who
smoke, the health risk of inhaling radon is especially high.
The EPA has established an action level for indoor air radon levels of 4 pCi/1
(picocuries per liter). Nearly one out of every 15 homes in the U.S. are estimated to have
radon levels that exceed the action level. The EPA has established testing procedures
for testing homes, schools and buildings. These procedures are described in various
radon documents that are available from EPA.
In 1988, Congress enacted the Indoor Radon Abatement Act (IRAA) with the
goal of reducing indoor radon levels to radon levels found in outside air. Among
other provisions, IRAA provided funds for tribal governments to establish radon
programs and to assist tribal communities, and to encourage tribal members to test for
radon and mitigate elevated radon levels. IRAA also required EPA and IHS to develop
a national description of radon levels in homes and schools throughout the country. To
date, seven IndianNations in conjunction with the EPAand DHLS have conducted radon
residential surveys to characterize statewide radon distributions. Additionally, about
1,200 schools were tested in the winter of 1991. Results of the National School Radon
Survey are available from the EPA.
IRAA also required the EPA to develop a program to evaluate radon mitigation
contractors and radon measurement labs. In response, the EPA established four
regional radon training centers to train radon professionals. The EPA also developed
a national proficiency exam to test the knowledge of radon contractors. Contractors
who pass the exam are listed on the Radon Contractor Proficiency (RCP) list The EPA
also established the Radon Measurement Proficiency (RMP) Program. This
program tests and evaluates the accuracy of firms that supply radon test devices.
Those that pass the program are included on the RMP list.
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Does the radon program apply to my reservation?
Tribal communities, in concert with state governments, play a vital role in
reducing the public health risk of radon. It is very likely that there are homes, day care
centers, schools or commercial buildings on your reservation that have elevated indoor
air concentrations of radon.
Currently, most radon-related policies are non-regulatory. EPA, IHS, and tribal
governments have focused their energies toward educating tribal members about the
health risk of radon and encouraging voluntary testing of homes and buildings. Some
reservations, IHS, and HUD, however, have developed radon regulations, including
certification of radon professionals and mandatory testing of all schools. Addition-
ally, model building codes for new construction have been developed that may be
incorporated into the. building codes of local jurisdictions. Finally, Congressional
attention has been directed toward required radon disclosure during real estate
transactions that involve federal agencies, such as FHA or HUD.
Tribal governments can act to protect their members fromradon in several ways.
First, by developing radon education and outreach programs; second, by adopting
radon-resistant building codes for new construction, such as the model codes; third, by
encouraging voluntary testing inthe tribal communities; fourth, by ensuring that local
radon contractors are RCP-listed or state-certified; finally, by working in conjunction
with EPA and community organizations such as, the American Lung Association, to
elevate tribal attention to this important health risk.
Additional Information
Regional Contact:
Radon Program
Air and Toxics Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7020
Radon Measurement Proficiency Program
Sandy Cohen & Associates, Inc.
1418 1-85 Parkway
Montgomery, AL 36106
1-205-272-2797
Radon Contractor Proficiency Program
Midwest University Radon Consortium
1985 Buford Ave.
St. Paul, MN 55108
1-612-624-8747
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CROSS MEDIA PROGRAMS
PESTICIDES
Few chemicals have had as much impact or been the subject of as much
controversy in recent decades as pesticides. The Environmental Protection Agency
has the authority to regulate pesticides under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and the Federal Food, Drug and Cosmetic Act. Under
FIFRA, EPA has the authority and responsibility for regulating pesticide
registration, production, sale, distribution, and use. No pesticide may legally be sold
or used in the United States unless it has been registered by the EPA and bears an
EPA registration number. EPA also has the authority to suspend or cancel the
registration of a pesticide.
All pesticides must have a label. The label includes instructions for use,
storage, and disposal of containers. The label, together with any literature to which it
refers, has the force of law. The pesticide that stays in or on farm products or
processed foods is called a residue. EPA regulates the safety of the food supply by
setting limits for pesticide residues on food and animal feed available for sale in the
United States.
In addition to enforcement for the production, sale, distribution and use of
pesticides, issues currently being dealt with in the pesticide program include
agricultural workers' and pesticide handlers' safety, applicator certification and
trainingt, pesticides in groundwater, and endangered species.
With regards to agricultural workers' and pesticide handlers' safety, EPA
proposed new Worker Protection Standards in 1988. These standards were
published as final regulations on August 13,1992. These standards, which were in
response to a significant number of pesticide poisonings occurring every year,
strengthened earlier protection provisions, reduced risks of exposure, and extended
additional coverage to handlers and field workers.
Currently there are about 100 active ingredients federally registered, which
are classified as restricted use. Pesticides containing these active ingredients can
only be applied by, or under the direct supervision of, a certified applicator.
Efforts are under way to strengthen reservation training programs,
particularly with respect to groundwater protection, worker protection and
endangered species protection. EPA has prepared a Pesticides in Groundwater
Strategy to address risks of groundwater contamination by pesticide chemicals. EPA
is required under the Endangered Species Act, to protect listed species and their
habitat from the effects of pesticides. In 1989, EPA proposed an Endangered
Species Protection Program to accomplish this.
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Additional Information
U.S. EPA, FIFRA Amendments of 1988; Schedule of Implementation.
54 Federal Register 18078 (April 26,1989).
Regional Contact:
Pesticide Program
Air and Toxics Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913- 551-7020
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CROSS MEDIA PROGRAMS
TOXICS - PCB'S
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 for the marking, storage, and disposal of
Polychlorinated Biphenyls (PCBs).
Many reservations, and virtually every municipality and utility in the U.S.
is, or has been, in possession of regulated PCB equipment. Manufacturers
inadvertently contaminated about twelve percent of the mineral oil filled
electrical equipment in use prior to 1976 by using the same pumps and lines to
fill their premium PCB equipment and their mineral oil equipment.
Dielectric fluid less than 50 part per million (ppm) PCBs is considered "Non-
PCB," but disposal is regulated by the states. Fluid from 50-499 ppm is "PCB
contaminated" and is regulated. Fluid at 500 ppm or greater is considered "PCB"
and is highly regulated.
Currently, EPA has Cooperative Agreements to do PCB inspections. EPA
does the enforcement since the reservation does not have enforcement legisilation
in place.
EPA intends to allow use of contaminated and PCB equipment for the re-
mainder of its useful life as long as the equipment is properly monitored and
maintained.
Additional Information
PCB Regulations; 40 CFR, Pan 761.
Regional Contact:
Toxic Substances Control Section
Air and Toxics Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7020
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AIR PROGRAM
CLEAN AIR ACT AMENDMENTS
Will the Clean Air Act Amendments apply to my Reservation?
The goal of the Clean Air Act Amendments is to reduce pollution by 56 billion
pounds a year. This reduction will generally come from cutting emissions in large
urban areas, however, there may be some impacts on reservations. Implementation of
the Act will require the regulation of small businesses in order to attain and maintain
the national air quality standards and control air toxic emissions.
To be eligible for technical and environmental compliance assistance under the
Clean Air Act Amendments, a small business stationary source must meet the
following criteria:
a. Owned or operated by a person employing 100 or fewer individuals;
b. A small business under the Small Business Act;
c. Not a major stationary source;
d. Does not emit 50 tons per year or more of any regulated pollutant; and
e. Emitting less than 75 tons per year of all regulated pollutants.
These small businesses frequently lack the technical expertise and financial
resources necessary to evaluate state regulations and determine the appropriate
mechanisms for compliance. The Act provides for the design of a program to render
technical assistance and compliance information to small businesses.
Actions your reservation should be taking
With regard to those regulations affecting small businesses, the EPA will
designate a Small Business Ombudsman. The EPA will also implement a Small
Business Assistance Program. This program will collect and disseminate information
on 1) determining applicable requirements under the Act and permit issuance, 2) the
rights of small businesses under the Act, 3) compliance methods and acceptable
control technologies, 4) pollution prevention and accidental release/prevention/
detection, and 5)audit programs.
A reservation should contact the Regional EPA Indian Coordinator, or the
office listed below, prior to addressing significant air pollution issues.
Additional Information
Regional Contact:
Air and Toxics Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7020
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AIR PROGRAM
Refrigerant Recycling and the Prohibition
on Venting
nii
Under Section 608 of the Clean Air Act, EPA published proposed regulations
on December 10,1992, that would:
- Require service practices that maximize recycling of ozone-depleting com-
pounds (chlorofluorocarbons [CFCs] and hydro-chlorofluorocarbons [HCFCs])
during the servicing and disposal of air conditioning and refrigeration equipment
- Set certification requirements for reclaimers and for recovery and recycling
equipment.
- Establish safe disposal requirements to ensure removal of refrigerants from
goods that enter the waste stream with the charge intact (e.g., motor vehicle and
room air conditioners and home refrigerators).
Effective July 1,1992, section 608 of the Act prohibits individuals from
knowingly venting ozone-depleting compounds used as refrigerants into the
atmosphere. Only three types of releases are permitted under the prohibition:
- Minute quantities of refrigerant released in the course of making good faiih
efforts to recapture and recycle or safely dispose of refrigerant.
- Refrigerant emitted in the course of normal operation of air conditioning and
refrigeration equipment such as from leaks and mechanical purging.
- Mixtures of nitrogen and R-22 that arc used as holding charges or as leak test
gases because 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 EPA.
Most certified equipment will be labeled as "design-certified to SAE standards."
A list of both types of approved equipment is available from EPA at the address at
the end of this section.
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Technician Training and Certification
Technicians who repair or service motor vehicle air conditioners must be
trained and certified by an EPA-approved organization. Training programs must
cover the use of recycling equipment in compliance with the Society of Automotive
Engineers (SAE) Standard J-1989, the regulatory requirements, the importance of
refrigerant containment, and the effects of ozone depletion. A list of approved
testing programs is available from EPA at the address at the end of this section.
Safe Disposal Requirements
Under EPA's proposal, equipment that is typically dismantled on site before
disposal (e.g. retail food refrigeration) would have to have the refrigerant removed
and recovered in accordance with EPA's requirements for servicing. However,
equipment that typically enters the waste stream with the charge intact (e.g. motor
and room air conditioners) would be subject to special safe disposal requirements.
Under these requirements, the final person in the disposal chain would be respon-
sible for ensuring that refrigerant is recovered from equipment before the final
disposal of the equipment.
Hazardous Waste Disposal
If refrigerants are recycled or reclaimed, they are not considered hazardous
under federal law. In addition, used oils contaminated with CFCs are not hazardous
on the condition that:
-They are not mixed with other waste.
-They are subjected to CFC recycling or reclamation.
-They are not mixed v. ith used oils from other sources.
Used oils that contain CFCs after the CFC reclamation procedure are, however,
subject to specification limits for used oil fuels if these oils are destined for burning.
Individuals with questions regarding the proper handling of these materials should
contact EPA's RCRA Hotline at 1-800-424-9346.
Additional Information:
Radiation and Indoor Air Section
Air and Toxics Division
EPA Region?
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7020
1-800-223-0425
For information concerning regulations related to stratospheric ozone protection,
please call:
Stratospheric Ozone Hotline: 1- 800-296-1996
(10am-4pm EST, M-F, except federal holidays)
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LAND PROGRAMS
SUPERFUND PROGRAM
As the 1970's came to a close, a series of stories gave Americans a look at the
dangers of dumping industrial and urban wastes on the land. First there was New York's
Love Canal. Hazardous waste buried for 25 years contaminated streams and soil, and
endangered the health of nearby residents, who had to be evacuated. The dioxin-tainted
land and water in Times Beach, Missouri also attracted attention.
It became increasingly clear that there were large numbers of serious hazardous
waste problems that were falling through the cracks of existing environmental laws. The
magnitude of these emerging problems moved Congress to enact the Comprehensive
Environmental Response, Compensation and Liability Act in 1980. CERCLA -
commonly known as Superfund was established to deal with the dangers posed by
the Nation's hazardous waste sites.
Since the program began, hazardous waste has surfaced as a major environmental
concern in every part of the United States. It wasn't just the land that was contaminated
by past disposal practices, chemicals in the soil were spreading into the groundwater and
into streams, lakes and wetlands. Toxic vapors contaminated the air at some sites, while
improperly disposed or stored wastes threatened the health or environmental resources
of the surrounding community.
Few realized the size of the problem until the EPA began the process of site
discovery and evaluation. Thousands of potential sites existed. CongressdirectedEPA
to set priorities and establish a list of sites to target. The sites on the National Priority
List (NPL), almost 1300 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.
The ultimate goal for a site on the NPL is a permanent solution; this requires a
long-term effort. Nearly 1800 Superfund sites have been cleaned up, including 112 on
the NPL.
Superfund activities depend upon local participation. TheEPA'sjobis to analyze
the hazards and to deploy experts, but the Agency needs tribal community input.
Because tribal members where a site is located will be those most directly affected by
the wastes and cleanup processes, EPA encourages members to get involved in cleanup
decisions.
Additional Information
Superfund Program 726 Minnesota Ave.
Waste Management Division Kansas City, KS 66101
EPA Region 7 1-913-551-7052
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LANDPROGRAMS
RCRA HAZARDOUS WASTE
Hazardous waste is prevalent throughout all levels of commerce and industry.
Wastes are identified as hazardous if they pose a potential danger to human health and/
or the environment when not properly treated, stored, transported, disposed, or
otherwise managed. Potential dangers include explosions, fires, corrosive destruction
of materials, chemical reactions, and/or health impairing exposure to toxic chemicals.
The greater the quantity or concentration of chemicals exhibiting any of these dangers,
the greater the need to assure their proper management
In 1976, Congress enacted the Resource Conservation and Recovery Act
(RCRA) as the primary regulatory vehicle to assure that hazardous waste is properly
managed from the point of its generation to its ultimate disposal or destruction, i.e.,
"from cradle to grave." RCRA establishes a very complex and comprehensive set of
requirements to define what hazardous waste is subject to regulation as well as the
responsibilities of anyone who generates, transports, stores, treats, disposes or other-
wise manages hazardous waste. At this time, waste generated by individual house-
holds, many of which may still exhibit some of the dangers described above, are not
subject to federal RCRA requirements.
There are three categories of hazardous waste generators under the RCRA
program requirements:
-Full Generator - Facilities that generate more than 1,000 kilograms per
month of any hazardous waste or more than one kilogram of any "acute"
hazardous waste. A kilogram is approximately 2.2 pounds and 1,000
kilograms is approximately five, 55 gallon drums of material.
-Small Quantity Generator - Facilities that generate less than 1,000 kilo-
grams per month of hazardous waste but more than 100 kilograms per
month (approximately one half 55 gallon drum). Small quantity generators
are given additional time to comply with new regulations and for on-site
storage of their waste.
-Conditionally Exempt Generator - Facilities that generate less than 100
kilograms a month of any hazardous waste are conditionally exempt from
the RCRA regulations.
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Does the RCRA Program apply to my tribal community?
It is very likely that some types of hazardous waste are generated by businesses
in your tribal community or by tribal facility operations themselves. Because
hazardous waste includes things like solvents, corrosives, and materials containing
heavy metals like chrome, cadmium, and lead, vehicle maintenance shops often
generate hazardous waste that may be subject to RCRA requirements. Any discarded
material must be evaluated to determine if it has been listed by EPA as hazardous
waste or if the waste exhibits any of the following characteristics: ignitablity,
corrosivity, reactivity, or toxicity as determined by the Toxic Characteristic Leaching
Procedure (TCLP) test.
In addition to used materials which might be considered hazardous waste, you
must also be careful with your management of products that no longer are wanted or
needed, and you now wish to discard. Leftover pesticides from grounds keeping
operations, old paint thinner, etc. must be fully evaluated before you determine what
you are going to do with the waste. EPA has identified several hundred chemical
products which, if disposed of, would also be considered "listed hazardous waste."
Another area of possible concern for your tribal community would be the
operation of a trash collection system and/or a landfill. Normally, because household
wastes are currently exempt from RCRA regulation, tribal landfills are regulated
under a program referred to as the "Subtitle D Municipal Solid Waste Landfill
Criteria" which is intended to insure proper management of the landfill. However,
the addition of commercial waste materials collected and/or co-disposed with the
household materials might trigger RCRA jurisdiction over the entire facility.
Timetable
RCRA regulations were first published in 1980 and are constantly being
amended. Once you determine that you are a handler of hazardous waste (i.e., either
generating, storing, transporting, etc.), you must notify EPA and receive an EPA
RCRA identification number.
Different timetables and responsibilities apply to the different activities.
Generators may accumulate waste on-site for up to 90 days without triggering a
requirement to obtain a storage permit. S mall 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.
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Many companies and reservations look for ways to reduce the amount of
hazardous waste produced in order to reduce expense and regulatory burdens. Waste
reduction can be accomplished through better housekeeping, careful purchasing,
changes in process and a variety of other ways. Hazardous waste generators should
examine their waste streams and consider whether there might be a way to reduce what
is being generated.
Additional Information:
Regional Contact:
RCRA Program
Waste Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7051
RCRA Regulations 40 CFR Parts 260-272
RCRA Hotline 1-800-424-9346
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LAND PROGRAMS
SOLID WASTE DISPOSAL FACHJTY CRITERIA
Tribal community solid waste is a non-hazardous waste generated at residences,
commercial establishments, and institutions. These solid wastes include durable
goods (appliances, furniture, etc.), nondurable goods (newspapers, clothing, etc.),
containers and packaging (boxes, bottles, etc.), food and yard wastes, and miscella-
neous inorganic wastes (stones, pieces of concrete, etc.).
On October 9,1991, the USEPA promulgated 40 CFR Pan 257 and258, the Solid
Waste Disposal Facility Criteria Final Rule. These regulations will have a significant
impact on Tribal and Bureau of Indian Affairs solid waste disposal practices.
The impacts include the following:
- BIA and Tribal noncompliant open landfills which stop receiving waste
before April 9, 1994 will be required to provide final cover at closure. Closure is to
be completed by October 9, 1994.
- Existing and new tribal and BIA open landfills which are operating after
October 8,1993*, will be required to meet all portions of the federal criteria and could
incur significant immediate and long-term costs. The revised criteria requirements
include location, operating criteria, design, groundwater monitoring, corrective
action (if any contamination is found), final closure and 30 year post closure care, and
financial assurance requirements. Any new landfills or new landfill cells developed
will be required to be in full compliance prior to receiving waste. A complete record-
keeping system will be required.
- In order for tribes and BIA to utilize compliant landfills and close existing
landfills, development of transfer stations or other alternative collection facilities may
be necessary.
*The effective date of the federal MS WLF Criteria for existing, smaller landfill
units, is changed from October 9, 1993 to April 9, 1994. This extension applies to
landfills that: 1) accept less than 100 tons of waste per day; 2) are in a state that has
submitted an application to EPA for approval of its program by October 9,1993, or
are located on Indian lands or Indian country; and 3) are not on the Superfund
National Priorities List.
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Action your tribal community shoud be taking
- For those tribal communities with a landfill, be prepared to either not accept
waste, or upgrade to meet the Criteria by October 9, 1993. For those tribal
communities without a landfill, be prepared to pay more for disposal.
- Develop community education programs to encourage recycling and waste
reduction.
- Plan and prepare solid waste management and disposal options such as
composting of tree and yard waste, and establishing household hazardous waste
collection sites.
Additional Information
Regional Contact:
Solid Waste Program
Waste Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7051
RCRA Hotline: 1-800-424-9346
40 CFR Part 258, regulations under RCRA Subtitle D
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LAND PROGRAMS
UNDERGROUND STORAGE TANKS
An Underground Storage Tank (UST) is any tank, including underground piping
connected to the tank, that has at least 10 percent of its volume underground. The UST
regulations (40 CFR 280) cover notification (registration), performance standards for
new and existing tanks, tank closure, release detection, cleanup activities, financial
responsibility, reporting, and recordkeeping.
Do the UST regulations apply to all underground storage tanks?
No, some exclusions are:
-Farm or residential tanks holding 1,100 gallons or less of motor fuel
used for noncommercial purposes
-Tanks storing heating oil which is used on site
-Septic tanks and systems for collecting storm or wastewater
-Wastewater treatment tanks regulated under the Clean Water Act
-Tanks whose capacity is 110 gallons or less
-Storage tanks on or above the floor of an underground area, such as a
basement, tunnel or vault
-Other tanks, such as tanks for emergency spill or overflow containment and
field constructed tanks, are deferred from the regulations.
If the UST regulation does apply, what must the owner/operator
do?
-Verify that the stored contents are compatible with the tank's interior
walls.
-Demonstrate financial responsibility for the cost of cleaning up a leak or
compensating other people for bodily injury and property damage caused by
the leaking UST. Compliance date for local governments and Indian Nations
is February 18, 1994.
For tanks installed before December 22,1988:
- Ensure tanks are registered with the EPA.
- Equip the UST with devices that prevent spills/overfills by December 1998.
- Protect the tank and piping from corrosion or structural failure by
upgrading it by December 1998.
- Equip the tank and piping with leak detection.
- All tanks must have leak detection by December 22,1993.
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For tanks installed after December 1988:
- Leak detection, spill and overfill, and corrosion protection arc required at the
time of installation.
- Pressurized systems must have line leak detectors added by December 22,
1990.
I own tanks to which regulations apply, but I'm not using them,
what should I do?
Follow closure requirements for tanks temporarily or permanently closed.
(Note: Tanks not used for 3 to 12 months can be temporarily closed.) Beyond 12
months, for permanent closure, the tank will have to be emptied and cleaned, a site
assessment conducted, and the tank must be either filled with inert material or
removed. If a groundwater monitoring system or a vapor monitoring system was in
operation at the time of closure and indicates no release has occurred, a site assessment
is not required. EPA will help you decide how best to close the UST so that it meets
all federal requirements.
If a leak or spill should occur, what must be done?
-Contact the fire department to ensure that it does not pose a hazard to
human health and safety.
-Contact the EPA within 24 hours; the regulatory authority will decide
if you must take further action.
Additional Information
"Musts for USTs: A Summary of the New Regulation for Underground Storage
Tank Systems," U.S. EPA, UST Office, 7/90.
"Dollars and Sense: A Summary of the Financial Responsibility Regulations
for Underground Storage Tank Systems," U.S. EPA, UST Office, 12/88.
Regional Contact:
UST Program
Waste Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7051
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WATER PROGRAMS
WATER AND WETLANDS PROTECTION
The Environmental Protection Agency (EPA), in partnership with tribal
governments, is responsible for restoring and maintaining the chemical, physical and
biological integrity of the nation's waters. Because of the value of wetlands as an
integral part of those waters, EPA is also charged with protecting wetland resources.
The major federal regulatory tool for this is Section 404 of the Clean Water Act,
which is jointly administered by the U.S. Army Corps of Engineers and EPA. Section
404 establishes a permit program to regulate the discharge of dredged or fill material
into waters of the U.S., including most wetlands. Failure to obtain a permit or to
comply with the terms of a permit can result in civil and/or criminal penalties. The
U.S. Fish and Wildlife Service has an important advisory role in the permit review
process.
Waters of the U.S. include lakes, streams, rivers, wetlands and coastal waters.
Wetlands are areas which are saturated or flooded for varying periods of time during
the growing season. Because of the presence of water, there is a prevalence of aquatic
or hydrophytic vegetation, such as that found in swamps, marshes, bogs and similar
areas. Besides providing fish and wildlife habitat, wetlands also improve water
quality by acting as filters, offering flood protection, buffering shorelines against
erosion, and providing areas for recreation.
Availability of Tribal Wetland Grants:
Tribal wetland protection grants are available through EPA's regional
offices to Federally recognized Indian Nations to support wetland protection programs.
Additional Information:
Regional Contact:
Wetlands Program
Office of Planning and Management
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7042
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Additional Information
The Clean Water Act (33 U.S.C 1251 to 1387)
National Environmental Policy Act (42 U.S.C. 4321 to 4370c)
Fish and Wildlife Coordination Act (16 U.S.C. 742a to 742m)
River and Harbor Act of 1899 (33 U.S.C. 403,406,407, and 411)
The Endangered Species Act (16 U.S.C. 1531 to 1544)
Regulations of the U.S. Army Corps of Engineers (33 C.F.R. 320-330).
Regulations of the U.S. Environmental Protection Agency
(40 C.F.R. 230, also known as the 404 (b) (1) guidelines).
Executive Order 11990 (May 24,1977) 3 CJF.R., 1977 Comp. pp. 121-123.
The Wetlands Protection Hotline:
1-800-832-7828 9-5:30 (EST) M-F, excluding Federal holidays.
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WATER PROGRAMS
DRINKING WATER
The Safe Drinking Water Act (SDWA) is the federal law regulating the quality
of finished drinking water from a public water supply (PWS). The National Primary
Drinking Water Regulations (NPDWR), established under the SDWA, define a PWS
as:
-"A systemforthe provision to the public of waterfor 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." A PWS is either a community wate^
system or a non-community system."
Community water system - System which serves at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round residents."
Non-community water system - System that has at least 15 service connections,
or serves 25 or more persons at least 60 days out of a year, and whose consumers are
mobile or transient in nature.
Transient non-community water system - System that serves at least 25 mobile
or transient consumers at locations such as highway rest stops.
Non-transient non-community water systems - System that serves at least 25 of
the same persons over 6 months of a year (e.g., schools, factories, nursing homes, etc.)."
The Environmental Protection Agency (EPA) is responsible for assuring the
requirements found in the NPDWR are carried out. The Public Water System Program
in EPA Region 7 has been delegated to the states of Iowa, Kansas, Missouri and
Nebraska, with the exception of Indian lands. EPA retains primary enforcement
responsibility for Indian Land PWSs, until a tribe has applied for, and been approved
for, primacy of the SDWA/NPDWR program by EPA.
For questions on the drinking water requirements for tribal communities, please
use the following contact.
Regional Contact:
Drinking Water Program
Water Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7032
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Additional Information:
The Safe Drinking Water Act
National Primary Drinking Water Regulations, 40 CFR Pan 141.
National Secondary Drinking Water Regulations, 40 CFR Part 143.
Safe Drinking Water Hotline: 1-800-426-4791,9-5:30 (EST) M-F,
excluding Federal Holidays.
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WATER PROGRAMS
DRINKING WATER
INORGANIC CHEMICALS
Inorganic Chemicals (lOCs) are elements or compounds found in water supplies and
may be natural in the geology or caused by activities of man through mining, industry
or agriculture. It is common to have trace amounts of many lOCs in water supplies.
Amounts above the Maximum Contaminant Levels (MCLs) may cause a variety of
damaging effects to the liver, kidney, nervous system, circulatory system, blood,
gastrointestinal system, bones, or skin depending upon the IOC and level of exposure.
Some lOCs are more damaging to infants and pregnant women. Because of some
special aspects of the rules for asbestos, lead and fluoride, separate pages are prepared
for them in this booklet
Do the IOC regulations apply to tribal communities?
Yes, prior to the 1986 Safe Drinking Water Act, there were 12 regulated lOCs.
Additional lOCs have been added with the Phase n and Phase V regulations, which are
described in the following paragraphs.
Timetable (for revisions to regulations)
New regulations called Phase n were finalized January 30,1991, and became
effective on July 30, 1992. They added two new lOCs, asbestos and nitrite, and
changed the MCLs for four of the current lOCs. Silver is now a secondary MCL. As
a result of this regulation non-transient non-community (NTNC) Public Water Sup-
plies (PWSs) will be required to test for lOCs, and all PWSs (both community and non-
community) will be required to test for nitrate and nitrite at least annually.
PWSs will continue to take IOC samples as they have in the past until January
1, 1993. A new monitoring framework was proposed for this rule to standardize
monitoring for all the new regulations. The standardized monitoring framework
(SMF) is comprised of a nine-year cycle called a compliance cycle and three, three-
year periods called compliance periods. For example, a ground water PWS would have
to test for lOCs sometime in the first compliance period (January 1,1993 - December
31,1995). This regulation allows PWSs to get waivers from monitoring. A waiver
either eliminates or reduces monitoring. A PWS with a waiver for lOCs would need
to sample once each compliance cycle or once every nine years.
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Additional new regulations called Phase V were finalized on July 17,1992, and
added six new lOCs. These rules will become effective January 17,1994. Public
water supply systems with 150 or more service connections are required to begin
monitoring for the Phase V contaminants in the January 1,1993 through December 31,
1995 time period. A PWS with less than 150 service connections could wait until the
January 1,1996 to December 31,1998 compliance period. A PWS would be allowed
to apply for a waiver after three monitoring rounds if the new lOCs were not detected.
Again, a waiver for lOCs would reduce sampling to once every nine years.
EPA may be expected to add an IOC to the regulated list and may change some
MCLs of lOCs as new research clarifies levels of contamination considered hazardous.
(Most lOCs are tested from the same sample requiring no additional work and little
additional cost for the community.)
New sampling requirements for nitrates/nitrites will be quarterly for surface
water supplies and annually for groundwater supplies. These frequencies may be
reduced or increased by the State based upon the levels of nitrate/nitrite found. The
new sampling requirements begin January 1,1993. EPA does not allow waivers for
nitrates. Therefore, PWSs can expect to sample at least annually.
MCLs
The following page lists the MCLs for lOCs.
If you exceed any of the MCLs
-Take one confirmation sample. The EPA will then use the average of the
initial and confirmation samples to see if you exceed the MCL.
-Notify EPA and complete Public Notices as required.
-Work with the EPA and/or IHS to determine the best way to reduce the level
of the contaminate in your water supply. Consider a variety of options. In
addition to a new treatment process, you may need to consider improving your
present treatment process, mix your contaminated supply with another supply
that does not exceed the MCL, or obtain a new source of water.
-Request an exemption from EPA to allow the reservation to continue to use the
water supply while the solutions to the MCL violation are being explored and
any needed financing is being planned.
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Additional Information
The rule for lOCs is contained in 40 CFR 141.23 and 141.62.
Maximum Contaminant Levels for IOC's
Contaminants
MCL (Pre-1986 and Phase II)
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Nitrate
Fluoride
Asbestos
Nitrite (As N)
0.05 mg/1
2 mg/1
0.005 mg/1
0.1 mg/1
refer to section on lead and copper
0.002 mg/1
0.05 mg/1
10 mg/1
4 mg/1
7 million fibers/1
(> 10 micrometers in length)
lmg/1
Combined Nitrate & Nitrite 10 mg/1
MCL: Phase V
Effective January 17.1994
Antimony
Beryllium
Nickel
Sulfate
Thallium
Cyanide
0.006 mg/1
0.004 mg/1
0.1 mg/1
deferred
0.002 mg/1
0.2 mg/1
For systems with 150 or more service connections, monitoring is
required in the January 1,1993 through December 31,1995 time
period.
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WATER PROGRAMS
DRINKING WATER
ASBESTOS
Asbestos is an inorganic chemical that occurs naturally and has been used in the
manufacture of a number of products used in the construction industry. Inhaled
asbestos fibers have been identified as causing cancer. Asbestos fibers ingested
through drinking water are suspected as a cancer causing agent Asbestos occurs
naturally in a few water supplies and may occur by a corrosive action on asbestos
cement (AC) pipe contained in a water system.
Do the Asbestos regulations apply to tribal communities?
Yes, if you are a tribal community or non-transient non-community (NTNC)
public water supply, the asbestos regulations apply to you. Since EPA has a waiver
program, a vulnerability assessment may be performed on your system. If asbestos is
not likely to occur in your water source, and you do not have asbestos cement pipe,
your system may be designated as non-vulnerable and be granted a waiver. A water
supply system that is granted a waiver will not have to monitor for asbestos. If your
system does have AC pipe and your water is non-corrosive, you also may be classified
as non-vulnerable and eligible for a waiver. If a waiver is not granted, you will have
to monitor for asbestos once every nine years.
Timetable
An MCL for asbestos was finalized as of January 30, 1991. If your water supply
system is vulnerable for asbestos in the water, you will have to take one sample within
the first compliance period of each compliance cycle (1993-96).
MCLs
The MCL for asbestos is 7 million fibers/liter (longer than 10 micrometers).
If your system is required to test for asbestos and it has asbestos cement pipe the
sample will be taken at the tap. If your system has asbestos in the source water only
then test at the entry point to the distribution system representative of the source. If
your first test exceeds the MCL, you may wish to take a confirmation sample.
Compliance will be based on the average of the two. If the sample is still over the MCL,
then quarterly testing is required.
Actions your tribal community should be taking
-Cooperate with EPA in terms of performing initial monitoring, applying
for a waiver, and/or performing a vulnerability assessment.
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If your tests indicate levels of asbestos higher than the MCL, you
are in violation of the MCL. You should:
-Test quarterly.
-Notify EPA and complete Public Notices as required.
-Work with EPA and/or IHS to determine if asbestos is in your source water
and/or is being leached from your asbestos cement pipe. Plan a corrective
action.
-If asbestos is in your water source, it may be removed with coagulation/
filtration or direct and diatomite filtration. Corrosion control is used to reduce
leaching of fibers from asbestos cement pipe.
Other important considerations
EPA proposed (in 1986) under the Toxic Substance Control Act to ban the
manufacture of many asbestos products including asbestos cement pipe. There is no
plan to call for the removal of existing pipe, but a water system may need to provide
for corrosion control if there is asbestos cement pipe in their system. More important
may be the need to plan for materials and procedures to repair existing asbestos cement
pipe in the future.
The greatest risk related to asbestos cement pipe is to the maintenance worker
who is repairing or otherwise coming into contact with the pipe. Inhaling the dust
(fibers) from cutting the pipe is particularly hazardous. The Occupational Safety and
Health Administration (OSHA) of the Department of Labor has published rules
concerning occupational exposure to asbestos. If you work with asbestos cement pipe
in your tribal community, contact IHS for information on this rule.
Additional Information
The rule for Asbestos is contained in 40 CFR 141.23 and 141.62.
The rules of OSHA on Occupations Exposure to Asbestos are contained in
29 CFR 1910 and 1926.
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WATER PROGRAMS
DRINKING WATER
FLUORIDES
Fluorides are compounds that contain an ionic form of the element fluorine.
Fluorides occur naturally in many water sources and are added in the treatment
process by many public water systems. Fluorides in amounts between 1.0 and 1.5
mg/1 have beneficial effects in reducing tooth decay. Amounts above 4.0 mg/1 may
cause bone and skeletal changes. Amounts greater than 2 mg/1 can cause discoloration
of teeth.
Does the Fluoride regulation apply to tribal communities?
Yes, all tribal water systems must test for fluoride every three years (ground-
water) or every year (surface water).
Timetable (for revision of regulations)
Testing forfluoride was required prior to the 1986 SDWA (Safe Drinking Water
Act) Amendments. The new regulations on fluorides continue the testing requirement
of every three years for groundwater supplies and every year for surface water
supplies. (Usually done with the routine testing for other regulated inorganic
chemicals -lOCs.) Waivers from fluoride monitoring as for other lOCs, are possible.
A new MCL was set in the final rules published on April 2,1986 and became effective
in October 1987.
MCLs
MCL = 4.0 mg/1 (secondary standard suggested level = 2.0 mg/1).
If your tests show levels less than the 2.0 mg/1, your reservation needs to do
nothing about fluoride. Plan your next routine test in one or three years.
Actions your reservation should be taking
If your tests indicate fluoride levels between 2.0 and 4.0 mg/1, you should check
with EPA and/or IHS to see if any changes in operations can be made to lower the
fluoride level. As this is not an MCL violation, immediate action is not required, but
planning should be undertaken to reduce levels below 2.0 mg/1. Public notice is
required for levels between 2.0 and 4.0 mg/1. The mandatory text of this notice is given
in Section 143.5 of the National Secondary Drinking Water Regulations.
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If your tests indicate Fluoride levels above 4.0 mg/1, you are in violation of
the MCL, and you should:
-Notify EPA, and complete public notices as required.
-Work with EPA and/or IHS to plan for a change in your water supply and/or
treatment system to lower the fluoride levels.
-Continue regular testing, as suggested or required by EPA to monitor fluoride
levels while you are working on solutions. Notify the public periodically, as
required.
Solutions to fluoride MCL violations for very small water systems usually
involve finding and using a new water source or mixing existing sources to reduce the
fluoride level. Removing fluoride through treatment can be cost prohibitive for very
small systems.
Additional Information
The rule for fluoride is contained in 40 CFR 141.23 and 141.62.
"Removal of Excess Fluoride in Drinking Water," "Fluoridation Engineering
Manual," EPA, available from the Safe Drinking Water Hotline:
1-800-426-4791.
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WATER PROGRAMS
DRINKING WATER
LEAD MATERIAL BAN
Lead is a metal which, in the past, has been used for water supply pipe, joints in
other pipe materials, and in alloy with other metals as solder in joining copper pipe and
in the manufacture of water supply fixtures. Lead has been identified as a cause of
central and peripheral nervous system damage, kidney effects, and can be highly toxic
to infants and the developing fetus of pregnant women. Lead in plumbing materials may
be leached into drinking water by corrosive water.
Does the Lead Material Ban apply to tribal communities?
Yes, the use of solder containing more than 0.2% lead in the installation of new
plumbing in tribal facilities that are connected to the water supply is banned. Also,
pipes and pipe fittings may not contain more than 8.0 % lead. The law applies only to
plumbing which distributes drinking water and does not require the removal of existing
lead pipes or solder.
Timetable
On October 28,1987, specific public notice requirements were published as a
final rule.
MCLs
There is no MCL involved in the Lead Material Ban. See the section on Lead and
Copper for additional information.
Actions your reservation should have completed
-Complete a plumbing materials inventory in cooperation with EPA and MS.
-Complete a set of tests, as instructed by EPA, to identify the corrosion related
factors in your water supply.
-Publish a notice about the lead ban and the information on corrosiveness
for the information of tribal members. (This was to have been completed by
June 19,1988.)
-Consider adopting an ordinance or rule prohibiting the use of lead
materials in any new plumbing that is connected to your water system. If your
tribal community has adopted one of the national plumbing codes, these codes
have all been amended to include the lead materials ban.
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Actions your tribal community should now be taking
-Inform tribal members involved in new constructicr "* 'he replacement of
plumbing that the lead materials ban is in effect for your water system.
(Requiring a simple permit and inspection of new plumbing is one way some
communities carry out this information requirement.)
-Make information available to tribal members on the actions they can take
to reduce lead levels in the water they consume in their own home.
-If your water supply is very corrosive, contact EPA and/or IHS to plan
for ways you can reduce the corrosive impact of your water on the lead that may
be contained in tribal members' plumbing.
-If you have lead pipe or fixtures in your distribution system, consider
replacement with non-lead materials. Leaded joints in old cast iron or other
pipe are not believed to leach significant amounts of lead into the water.
Replacement is not required by the Lead Ban but may be required for systems
that continue to exceed the lead or copper action levels under the Lead
Copper Rule.
Additional Information
The statute for the Lead Material Ban is contained in the Safe Drinking Water
Act, section 1417(a)(l)&(2).
"Lead and Your Drinking Water," EPA, available from the National Safe
Drinking Water Hotline: 1-800-426-4791.
"The Lead Ban: Preventing the Use of Lead in Public Water Systems and
Plumbing Used for Drinking Water," EPA, Available from the National
Drinking Water Hotline: 1-800-426-4791.
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WATER PROGRAM
DRINKING WATER
LEAD AND COPPER
Lead and copper are inorganic chemicals that are occasionally found in water
supplies and are frequently leached out of plumbing in water systems that have
corrosive water. Lead can cause central and peripheral nervous system damage, kidney
effects and be highly toxic to infants and in the developing fetus of pregnant women.
Copper causes taste problems and stains porcelain and can also cause stomach and
intestinal distress.
Timetable
Testing and MCL compliance for lead has been in effect for a number of years
prior to the 1986 SDWA Amendments for community water supplies. In June 1991,
EPA published new rules that deleted the MCL for lead but required that additional
sampling be done at tribal members taps. High levels of lead and copper at the
customer taps will trigger requirements of treatment of the water supply to reduce
corrosivity; education should also be provided to help tribal members reduce their
intake of lead and copper.
Action levels per the new rule:
-The treatment technique requirements are triggered by exceedances of the
lead action level of 0.015 mg/1 or the copper action level of 1.3 mg/1 measured
at the 90th percentile.
-All water systems are required to collect samples for lead and copper
analysis from the following number of sites during each six -month
monitoring period.
System Size No. of Sampling Sites No. of Sampling Sites
(Population) (Initial Base Monitoring) (Reduced Monitoring)
501 to 3,300 20 10
101 to 500 10 5
<100 5 5
The above samples must be collected per monitoring period. For small water
systems, there are two monitoring periods per calendar year, July 1993 to December,
1993 and January 1994 to June 1994.
40-
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Compliance Deadlines
ACTION
SYSTEM SIZE
<3,300
Begin monitoring
Complete treatment study
(if required by EPA)
Recommend treatment to EPA
-Study not required
-Study required
Complete treatment installation
-Study not required
-Study required
Complete follow-up monitoring
-Study not required
-Study required
July 93
July 96
July 94
July 96
Jan 98
Jan 99
Jan 99
Jan 2000
Sample collection methods and Locations
-First flush tap water samples must stand motionless for at least six hours
before the samples are collected.
-One liter of water must be drawn from the cold water kitchen or bathroom
tap.
-Systems may collect samples or enlist residents to collect samples. Residents
fill the container supplied by the water system according to directions and
leave the container for the system to pick up.
-Begin tap water monitoring program by July 1993. Tap water samples must
be collected at high risk locations:
o homes with lead solder installed after 1982,
o homes with lead pipes,
o homes with lead service lines.
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Public Education Program Requirements:
PWS s which exceed the lead action level must deliver a public education program
to their consumers. Please note that this program is different from the public notfication
requirements discussed separately beginning on page 65.
The rule provides specific language for use in all printed materials, public service
announcements (PSAs) and broadcast materials. This language describes the potential
health effects of excess exposure to lead and the reasons why lead in drinking water is
of particular concern. It provides step-by-step instructions for water testing and
follow-up actions that can be taken to reduce both short-term and long-term exposure
to lead in drinking water. The rule also requires the water system to provide tap
collection for any customers who request this service. The system, however, is not
required to pay for collecting and analyzing the sample.
The program must be delivered to your entire service area, and targeted to
high-risk segments of the population. The following are required:
-Distribute informational notices in water utility bills, along with a special
alert on the water bill itself, every 12 months;
-Publish informational notices in major local newspapers, every 12 months;
-Deliver brochures every 12 months to specified facilities and
organizations, including schools, health departments, hospitals/clinics, and
-Release PSAs every six months to at least five of the radio and television
stations with the largest audiences that broadcast to the community served by the
water system.
Water systems must preform these actions within 60 days from the time the
lead action level is exceeded and repeat for as long as the action level is exceeded.
The tribal community must also submit a letter to EPA by December 31st
of each year demonstrating compliance with the public education aspects of the
regulation.
Additional Information
The regulations for lead and copper are contained in Subpart I of 40 CFR
Part 141.
"Fact Sheet: National Primary Drinking Water Regulations For Lead and
Copper" available from EPA.
"Lead and Copper Monitoring Guidance for Water Systems Serving
501-3,300 Persons"
101-500 Persons"
<100 Persons" All available from EPA's National
Drinking Water Hotline.
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WATER PROGRAMS
DRINKING WATER
SYNTHETIC ORGANIC CHEMICALS (Non-Volatile)
Synthetic organic chemicals (SOCs) are man-made compounds used for a
variety of industrial and agricultural purposes. For monitoring purposes, the SOCs are
divided into two groups - volatile synthetic organic chemicals (VOCs) and others which
are usually called pesticides and PCBs. This page will discuss SOCs that are not
volatile. VOCs will be discussed on a separate page. Also see the page on disinfection
by-products. SOC effects include damage to the nervous system, kidneys and cancer
risks.
Timetable (for revisions to regulations)
New regulations called Phase n were finalized January 30, 1991. These
regulations added ISnewSOCsandrevisedfiveSOCs. All tribal community and non-
transient, non-community water supplies will berequired to testforSOCs. Fora water
supply that is vulnerable to SOCs, quarterly sampling is required beginning in 1993,
the first compliance period (1993-1996) in the first compliance cycle (1993-2001). If
there are no detects of SOCs, the required repeat sampling is: two quarterly samples
beginning in the second compliance period (1996) for water supplies greater than
3,300 people, or one quarterly sample also beginning in the second compliance period
for water supplies with less than 3,300 people.
It is the water supply's responsibility to perform the vulnerability assessment for
SOCs. The vulnerability assessment is mailed toEPA with a request for a waiver. If
a waiver is granted, no monitoring is required for that compliance period. The water
supply must be granted a waiver before the year testing is required. Every compliance
period thereafter, the water supply must update the vulnerability assessment and be
granted a waiver. Several methods are required to test for all the SOCs, which adds
tremendously to the cost..
The Phase V regulations, which were finalized on July 17,1992, added 15 non-
volatile SOCs and three VOCs. The procedures and monitoring requirements are the
same for these contaminants as required under the Phase n rule. Because EPA is
required to add contaminants to the list to be regulated on a regular schedule, SOCs
will probably be added to the list. The water supply will want to perform a
vulnerability assessment on these new SOCs and request a waiver to reduce or
eliminate monitoring.
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MCLs
A separate page is included to list the MCLs for SOCs. These MCLs are not
enforceable in very small systems until 48 months after the final rules are published.
Actions your tribal community should be taking
-Complete any sampling for currently regulated SOCs as required, if your
system uses surface water.
-Cooperate with EPA to determine vulnerability of your water supply to SOC
contamination. If it is determined that you are non-vulnerable (SOCs are not
around to get in your supply) you will not have to sample for SOCs.
-If your system is vulnerable, cooperate with EPA to get the
first round of samples taken. If SOCs are not detected, you will not have to
sample until the second compliance period (1996-99).
If your tests indicate levels of a SOC higher than the MCL (year
average), you are in violation of the MCL. You should:
-Continue quarterly sampling (at times of highest vulnerability, i.e., after
fertilizer application and a rain).
-Notify EPA and complete public notices as required.
-Request an exemption from EPA to allow the community to continue to use
the water supply while the solutions to the MCL violation are being
explored and any needed financing is being planned.
-Work with EPA and/or IHS to determine how SOCs are getting into your
water supply. If possible, eliminate the source of contamination. If you must
treat your water supply to remove the SOCs, work with IHS to choose the best
available technology for treatment.
Additional Information
The rules for SOCs are contained in 40 CFR 141.24 and 141.61.
"Pesticides in Drinking Water Wells," EPA.
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Phase II
Contaminant
Alachlor
Aldicarb*
Aldicarb Sulfoxide *
Aldicarb Sulfone *
Atrazine
Carbofuran
Chlordane
Dibromochloropropane(DBCP)
2,4-D
Heptachlor
Heptachlor Epoxide
Lindane
Methoxychlor
PCB's
Pentachlorophenol
Toxaphene
2,4,5-TP (SILVEX)
Acrylamide
Epichlorohydrin
MCL
0.002 mg/1
0.003 mg/1
0.004 mg/1
0.003 mg/1
0.003 mg/1
0.04 mg/1
0.002 mg/1
0.0002 mg/1
0.07 mg/1
0.0004 mg/1
0.0002 mg/1
0.0002 mg/1
0.04 mg/1
0.0005 mg/1
0.001 mg/1
0.003 mg/1
0.05 mg/1
Treatment Technique
Treatment Technique
*These have been suspended, and will not be enforceable under
current regulations.
Phase V (SOCs)
Endrin
Dalapon
Diquat
Endothall
Glyphosate
Di (Ethylehexyl) Adipate
2,3,7,8-TCDD(Dioxin)
Hexachlorocyclopentadiene
Oxamyl (Vydate)
Simazine
PAH's [Benzo(a)pyrene]
Hexachlorobenzene
Di(ethylhexyl) Phthalate
Picloram
Dinoseb
0.002 mg/1
0.2 mg/1
0.02 mg/1
0.1 mg/1
0.7 mg/1
0.4 mg/1
3 x 10 (-8) mg/1
0.05 mg/1
0.2 mg/1
0.004 mg/1
0.0002 mg/1
0.001 mg/1
0.006 mg/1
0.5 mg/1
0.007 mg/1
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WATER PROGRAMS
DRINKING WATER
VOLATILE ORGANIC CHEMICALS
Volatile Synthetic Organic Chemicals (VOCs) are man-made compounds used
for a variety of industrial and manufacturing purposes. VOCs tend to be in a gaseous
form under conditions that may occur in a water system and then separate from the
water supply. VOCs have various effects on the liver, kidneys, nervous system and
some pose a cancer risk.
Do the VOC regulations apply to tribal communities?
Yes, the initial Volatile Organic Chemical (VOC) rule became effective on
January 9,1989. This rule, called Phase I, set maxiirnim contaminant levels (MCLs)
for 8 VOCs and required all community and non-transient, non-community water
supply systems to monitor for, and if necessary, treat their supply to remove these
chemicals. VOC monitoring requirements were revised on June 30, 1991 to
synchronize them with other VOC monitoring requirements in a new set of regulations
called Phase n. This rule set MCLs for 10 additional VOCs. OtherPhaseH regulations
became effective July 30,1992. More new regulations, called Phase V, added 3 new
VOCs. The Phase V rule becomes effective on January 31,1994.
The VOC MCLs are listed below.
Phase I Effective January 9,1989
VOC
MCL (mg/1)
Benzene
Carbon Tetrachloride
1,2-Dichloroethane
Para-Dichlorobenzene
1,1 -Dichloroethy lene
1,1,1 -Trichloroethane
Trichloroethylene
Vinyl Chloride
0.005
0.005
0.005
0.075
0.007
0.20
0.005
0.002
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Phase II - Effective July 30, 1992
VOC
o-Dichlorobenzene
cis- 1 ,2-Dichloroethylene
trans- 1 ,2-Dichloroethylene
1 ,2-Dichloropropane
Ethylbenzene
Monochlorobenzene
Styrene
Tetrachloroethylene
Toluene
Xylenes
MCL (mg/n
0.6
0.07
0.1
0.005
0.7
0.1
0.1
0.005
1
10
Phase V - Effective January 30, 1994*
VOC
Dichloromethane
1 ,2,4-Trichlorbenzene
1,2,2-Trichlorethane
MCL (mg/n
0.005
0.07
0.005
Monitoring Requirements
A major feature introduced in Phase n is its plan for synchronizing compliance
monitoring across several existing and upcoming rules. Under this Standardized
Monitoring Framework, the various monitoring frequencies for most source-related
contaminants will be coordinated within compliance periods of three years each.
Some monitoring and related system activities, such as vulnerability assessments, will
occur at intervals which may span across up to three of these three-year periods,
forming a nine-year compliance cycle. The first compliance cycle and the initial
compliance period both begin on January 1, 1993.
Other features of Phase n monitoring requirements include:
Sampling location - Groundwater systems must sample at entry points to the
distribution system which are representative of each well after any application of
treatment Surface water systems must sample at points within the distribution
system which are representative of each source, or at entry points to the
distribution system after any application of treatment. Samples must be analyzed
by a state-certified lab.
Initial sampling frequency - All systems must sample at a base (or
minimum) frequency which is specific for a contaminant or contaminant group.
EPA may grant monitoring waivers (as discussed below) and may allow a system
to substitute suitable previous monitoring data for this initial monitoring. In the
initial compliance period, the actual year in which a system samples will be
determined by EPA.
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Repeat sampling frequency - In general, if a system does not detect
contaminants in initial samples, then repeat sampling frequencies will be lower than
initial frequencies. Repeat monitoring requirements are generally the same for all
systems regardless of system size or water source.
Trigger to increase monitoring - If contaminants are detected in any sample, the
system must begin quarterly sampling until EPA determines that subsequent results
are "reliably and consistently" below the MCL. At least two to four samples must
be taken before this determination may be made. Detection is defined separately
for various contaminants or contaminant groups at either the MCL, 50 percent of
the MCL, or at the analytical method detection limit
Monitoring waivers - Sampling frequencies may also be reduced or eliminated
if the system obtains a waiver based on: previous sampling results, and/or an
assessment of the system's vulnerability to each specific contaminant. There are
two types of waivers based on vulnerability assessments:
Use waiver: A system may be eligible for a waiver if it can show that a
contaminant has not been used, manufactured and/or stored within a certain area
around the system's water source. If use cannot be determined, a use waiver cannot
be granted.
Susceptibility waiver Even if a system is not eligible for a use waiver, it
may be eligible for a waiver based on its susceptibility in terms of source
protection, wellhead protection program reports, previous sample results,
environmental transport and fate of the contaminant, and elevated nitrate levels. If
susceptibility cannot be determined, this type of waiver cannot be granted.
Unregulated contaminant monitoring - Phase n also contains one-time
monitoring requirements for 30 other contaminants during the initial period which
begins on January 1,1993. Systems must take one year of quarterly samples for
organic contaminants, and one sample for inorganic contaminants. No MCLs have
been set for these contaminants, and no further monitoring is required if these
chemical are detected. Systems only need to report the results of this monitoring to
the state. Systems with less than 150 service connections may request a waiver
from EPA.
Additional Information
The rules for VOCs is contained in 40 CFR 141.24 and 141.61.
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Compliance Monitoring Requirement
Contaminant
Asbestos
Nitrate
Nitrite
Inorganics
VOCs*
17 Pesticides
and ottw SOC's
Unregulated
IOCs\
SOCs
Base Requirement
Ground water Surface water
1 Sample every 9 years
Annual 1 Quarterly
After 1 year < 50% of MCL, SWS
may reduce to an annual sample
1 Sample: If < 50% of MCL,
state discretion
1 Sample every Annual sample
3 years
4 Quarterly samples every 3 yean
Annual after 1 year of no detects
4 Quarterly samples every 3 years
After 1 round of no detects: systems
>3300 reduce to 2 samples per year
every 3 years; systems S 3300
reduce to 1 sample every 3 years
1 Sample
4 Consecutive quarterly samples
Trigger that
Increases
Sampling
>MCL
> 50% MCL
2 50% MCL
> MCL
> 0.0005 mg/L
Method
[Detection
Limit
(MDL)
N.A.
Waivers
for Base
Requirements
YES
Based on VA1
NO
NO
YES
Based on analytical
results of 3 rounds
YES
Based on V*'
YES
Based on V.V
YES
Based on VA'
1 VA ซ Vulnerability Assessment
- Volatile Organic Chemicals
ICCs - Inorganic Chemicals
SOCs - Synthetic Organic Chemicals (Non-Volatile)
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WATER PROGRAMS
DRINKING WATER
COLIFORM MONITORING
Bacteria from sewage and animal wastes have presented the most frequent and
immediate health risks to water supplies over the years. Coliform bacteria, specifically
the presence of fecal and E. coli bacteria, are used as the best and most easily tested
for indicators of potentially harmful bacteria in the water.
Does the Coliform Monitoring rule apply to my reservation?
Yes, all tribal water systems must submit samples for coliform bacteria testing
on a regular monthly basis. Failure to submit samples, meet the MCL, and report non-
compliance are all violations of the rule.
Timetable
Your community has been required to test for coliform bacteria for many years.
The 1986 Amendments to the Safe Drinking Water Act caused new rules to be
published that change some of the procedures for testing, change the MCL, and require
certain public notification related to coliform monitoring. These rules were published
in final form on June 29,1989, and became effective December 31,1990.
MCLs
The MCL is based on the presence or absence of total conforms in a sample (the
old MCL was based on an estimate of coliform density). The presence of total coliform
bacteria indicates the possible presence of fecal and disease-causing bacteria. A
small water system may have no more than one coliform-positive sample per month.
Monitoring Requirements
You are required to submit from one to three routine samples per month ,
depending on the size of your system one sample for 25-1000, two samples for
1,001 to 2,500, and three for 2,501 to 3,300. (Carefully follow procedures for
sampling provided by your testing laboratory.). Samples are to be from different
tribal members' taps from month to month. If the sample tests positive for total
conforms, you must (within 24 hours of notification of the result) collect four repeat
samples for each positive routine sample. These repeat samples must be collected
within five service connections of the original sample with at least one being at the
original location, at least one upstream and at least one downstream. If total
colifbrms are detected in any repeat sample, your water system is in violation of the
MCL and you must notify EPA no later than the end of the next business day that you
learned of the violation.
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If fecal coliforms or E. coli are identified in a repeat sample following a routine
total coliform positive sample (or vice versa), it becomes an acute violation and you
must notify EPA the same day you receive the results. During the month following
one or more positive coliform samples, you must collect a minimum of five routine
samples. EPA may choose to require more routine samples per month.
A sanitary survey of your system is conducted by EPA at least every five years.
The initial survey must be completed by June 29,1994. Without the sanitary survey,
you would have to collect a minimum of five routine samples every month.
Actions your tribal community should be taking
If your system is not having total coliform positive tests:
-Continue to submit regular samples and review results.
-Maintain a good operation and maintenance program for your water system
including regular line flushing at fire hydrants and on dead ends.
If your system has a coliform-positive sample result:
-Immediately take and process your repeat samples.
-Carefully review your sample taking procedures to be sure you are not
accidentally contaminating the samples.
-Call EPA and ask for help to locate any possible sources of contamination.
-Follow EPA's direction in issuing public notices.
Additional Information
The rule for coliform monitoring is primarily contained in 40 CFR 141.21 &
141.63, and public notice rules in 40 CFR 141.32.
National Safe Drinking Water Act Hotline 1- 800-426-4791
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WATER PROGRAMS
DRINKING WATER
SURFACE WATER TREATMENT RULE
The Surface Water Treatment Rule (SWTR) was published in the
Federal Register on June 29,1989. It became effective on December 31,1990.
This rule requires water treatment in lieu of water testing because it regulates
contaminants which are difficult to detect and pose acute health risks.
Under this rule, disinfection and filtration are required for surface water
systems and for groundwater systems under the direct influence (UDI) of surface
water. These systems must install filtration if the microbiological, turbidity and
other standards in this rule are not met. All surface water systems must disinfect.
Does the Surface Water Treatment Rule apply to tribal
communities?
Yes, it applies to all Water Supply Systems (community and non-community)
using a surface water source (i.e. water open to the atmosphere and subject to surface
runoff) or a groundwater source under the direct influence of surface water.
Water Treatment Requirements
Specific enforceable MCL standards for these microbial contaminants are not
established in this rule. Instead, treatment will be required for surface water systems.
Criteria to be met by systems seeking to avoid filtration
Although all surface water systems are required to filter their water,
unfiltered systems may avoid this requirement as long as they meet certain source
water quality and system operation criteria. These criteria are given in the following
table. The water supply source must not exceed bacterial and other standards before
the water is treated. The effectiveness of disinfection will be demonstrated in part by
the amount of disinfectant in treated water and the length of time it is in contact with
the water before reaching the first customer.
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The water system must also operate in a way which minimizes the risk that
the supply will be susceptible to microbiological contamination:
-System must maintain a watershed control program.
-System must have no more than 2 monthly total colifonn MCL violations in
any consecutive 2 month period.
-System must have no history of waterbome disease outbreaks.
-System serving 10,000 or more people must be in compliance wua Total
Trihalomethane requirements.
Criteria for filtered systems
Systems which filter their water must ensure that the overall filtration and
disinfection process they use is performing effectively as demonstrated by turbidity
and disinfection criteria. These criteria are given in the table below. As with
unfiltered systems, effectiveness will be demonstrated in part by the amount of
disinfectant and the length of time it is in contact with the water before reaching the
first customer.
Unfiltered System Criteria
Criterion
Source water quality
Coliforms
Turbidity
Disinfection
Giardia
Viruses
Residual
Coliform Sampling
25-501 persons served
501-3300
3301-10,000
10,000-25,000
Standard
acceptable
<5NTU
99.9% effective
99.99% effective
0.2 mg/1 at entry
I/week
2/week
3/week
4/week
Filtered System Criteria
Criterion
Turbidity
Disinfection
Giardia
Viruses
Residual
Standard
<5 MTU at all times
<0.5 MTU in 95% of all
samples
99.9% effective
99.99% effective
0.2 mg/1 at entry
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Compliance
Systems are given time to comply with the water quality standards and
treatment requirements of this rule. Specific dates are given in the following table.
Surface water (SW) systems
- Unfiltered systems must meet monitoring requirements within 18 months
after the rule becomes effective.
- To avoid filtration, unfiltered systems must meet criteria within 30 months
after the rule becomes effective. Beginning 30 months after the rule becomes
effective, unfiltered systems which fail to meet any criteria must install filtration
within 18 months of such failure.
- Filtered systems must meet monitoring and treatment performance
requirements beginning 48 months after the rule becomes effective.
Groundwater systems under direct influence of surface water
(GW-UDI)
-EPA will determine which water systems are under direct influence of
surface water within 5 years after the rule becomes effective.
System Type
SW-UF
SW-UF
SW-UF
SW-F
GW-UDI
Compliance Dates
Requirement
Begin monitoring
Meet all criteria to
avoid filtration
Install filtration if
required to filter
Performance and
monitoring
EPA must notify
Date
12/31/90
12/31/91
6/29/93
6/29/93
6/29/94
system that it is UDI
Additional Information
The rule for surface water treatment is contained in Subpart H of 40 CFR
Part 141.
EPA's "Guidance Manual for Compliance with the Filtration and Disinfec-
tion Requirements for Public Water Systems Using Surface Water." Call
the Safe Drinking Water Act Hotline: 1-800/426-4791.
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WATER PROGRAMS
DRINKING WATER
RADIONUCLIDES
Radionuclides are radioactive particles that occur naturally in areas of uranium
and radium deposits and in waste from man made processes. Radionuclides, even in
very small concentrations, pose a cancer risk.
Does the Radionuclides regulation apply to tribal communities?
Yes, radionuclides have been regulated since 1976 with MCLs currently set for
four types. All water systems must test for radionuclides at least every four years.
Timetable (for revision of regulation)
Proposed regulations were published in July 1991 that will add MCLs for two
additional radionuclides (Radon and Uranium). Final new rules may be published in
late 1993. Systems will begin to monitor under the new radionuclide rules in 1996.
Until then, continue to monitor under the old rules.
MCLs
The following are current MCLs for radionuclides and the levels that are
proposed. The units of measure are peculiar to radioactivity and represent very small
quantities.
Current MCL MCL Likelv to be Proposed
Gross Alpha Particle Activity 15 pCi/1 15 pCi/1
Combined Radium - 226 & 228 5 pCi/1
Radium - 226 - 20 pCi/1
Radium - 228 - 20 pCi/1
Uranium - 20 ug/1
Radon - 300 pCi/1
Actions your tribal community should be taking
Submit samples as required for routine testing. The monitoring process requires
one sample every three months for one year (four samples in total). Unless test results
indicate radionuclide values above or near the MCL, the test is repeated only every four
years. Mark your calendar a few months prior to the four year time limit to remind
yourself to test.
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Compliance with the MCL is based on the results of a composite of the four
quarterly samples.
If your tests indicate levels of radionuclides higher than the
MCL, you should:
-Ask EPA if you should resample to confirm the test results.
-Follow EPA's instructions regarding when and what type of
public notice you need to give.
-Request an exemption from EPA to allow the community to
continue to use the water supply while solutions to the MCL violation are
being explored and any needed financing is being planned.
-Start working with EPA and/or IHS to consider options to eliminate the
radionuclides from your system. In nearly all tribal water systems, finding a
different source of water supply is the most economical solution to a
radionuclide problem.
-Remember that exposure to radionuclides at levels found in water is a risk
over long term exposure. It is not an acute risk for short periods of time. Don't
panic or start unrealistic fears. Do proceed to work out a reasonable and
affordable solution for your drinking water supply.
Additional Information
The rule for radionuclides is contained in 40 CFR 141.15, 16 and 26.
"A Study of Possible Economical Ways of Removing Radium From Drinking
Water" is available from EPA by calling the Safe Drinking Water Hotline at
1-800-426-4791.
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WATER PROGRAMS
DRINKING WATER
DISINFECTION AND DISINFECTION BY-PRODUCTS
Disinfectants (such as chlorine) are the primary defense against diseases caused
by microbiological contaminants in public water systems. More than 90% of surface
water supply systems disinfect their water while less than half of the ground water
supplies are disinfected. Although disinfection is the single most important treatment
technique in use in public water supplies, the disinfectants themselves can react with
organic materials in water supplies to form disinfection by-products (DBFs) which
may prove to contaminate the water with compounds that increase cancer risk.
Do the Disinfection and Disinfection By-products regulations
apply to tribal communities?
Yes, all community and NTNC water systems will be required to disinfect their
water, with allowance for variances if the water comes from sources that are determined
not to be at risk from microbiological contamination. Monitoring for DBFs will be
limited to systems that are determined vulnerable to their development.
Timetable
Surface water supplies are now covered by final rules on filtration and
disinfection that were published on June 29, 1989. These rules require disinfection
of all surface water supplies and become effective over the next three years as
determined by EPA schedules. Rules for general disinfection of all drinking water
supplies are expected to be proposed in June 1993 and will include MCLs for a number
of disinfectants and disinfection by-products. At present, three disinfection by-
products (trihalomethanes) are regulated but only in community supplies of 10,000 or
greater population.
MCLs
Proposed MCLs have not yet been circulated. The MCL for total
trihalomethanes is 0.1 mg/1.
Actions your tribal community should be taking
-If your water supply is surface water, contact EPA to determine your
schedule for compliance with the filtration and disinfection rules.
-If your water supply is groundwater and you are now adding a disinfectant,
start regular disinfectant residual tests (weekly or monthly) at some consumer
taps to determine how much disinfection is available at the "end-of-the-line"
in your system. This will help you plan for modifications in your disinfection
to meet any new standards that are required.
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-If your water supply is groundwater and you are not adding a disinfectant
now, the following steps may help in your planning:
o Check your coliform bacteria tests over the past three or four years. A
history with some coliform positive tests are likely to require you to
disinfect
o If you have no coliform-positive tests, keep it that way by following a
proper sampling procedure and through good maintenance and operation
of your water supply and distribution systems.
o Look at and price different equipment for disinfection. For most
small systems, chlorination provided through gas, liquid solutions or
granular compounds are the methods used. Costs vary and may not be out
of reach for your community. EPA, EHS, or an equipment supply firm can
help you with this information.
o Visit neighboring communities that are disinfecting and see how they
do it and what it costs.
Additional Information
The authority for Disinfectants and DBFs is in Section 1412 (b) (8) of the
SDWA.
"Protecting Our Drinking Water From Microbes," EPA, available by calling
the National Drinking Water Hotline 1-800-426-4791.
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WATER PROGRAMS
DRINKING WATER
PUBLIC NOTIFICATION
With the enactment of the Safe Drinking Water Act, Congress requires that
drinking water systems notify their customers/tribal members when drinking water
standards are violated. The purpose of public notification is to inform consumers of
any potential adverse health effects and to describe what steps consumers can take to
minimize the impact It should also educate the consumer about the needs of the public
water system to assure the delivery of safe drinking water.
Do the Public Notification rules apply to tribal communities?
Yes, the Safe Drinking Water Act requires owners /operators of all community
drinking water systems to notify the persons they serve if certain violations of the
National Primary Drinking Water Regulations or certain other specified events occur.
Timetable
Public Notification rules are now in effect for all contaminants that your
community is required to monitor for. As new contaminants are regulated and
monitoring is required in your tribal community, you are also required to give public
notification when violations occur. This information describes the Federal Rules.
Your state may add requirements for your area.
Types of violations requiring Public Notification
There are six violations or events that require Public Notification:
1. Failure to comply with an applicable maximum contaminant level (MCL)
2. Failure to comply with a prescribed treatment technique
3. Failure to perform water quality monitoring (testing) as required by the
regulations
4. Failure to comply with testing procedures as prescribed by a National
Primary Drinking Water Regulation
5. Issuance of a variance or an exemption
6. Failure to comply with the requirements of any schedule that has been set
under a variance or exemption
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Notification Procedures
The method, timing and frequency of notifying the public varies based on the
"level" of the violation and the availability of the public communication media.
There are two "levels" of violation. Tier 1 violations include numbers 1,2 and 6 listed
above, namely, failure to comply with an MCL; failure to comply with a treatment
technique; failure to comply with a schedule prescribed under a variance or exemption.
Tier 2 violations are less serious and have simpler notification requirements.
They include numbers 3, 4 and 5 listed above, namely, failure to comply with
monitoring requirements; failure to comply with testing procedures; operating under
a variance or exemption.
Tier 1 violations are subdivided into "acute" and "non-acute" violations.
"Acute" risks are those that involve an immediate risk to human health. These are
violations specified by EPA and presently must include violations of the MCL for
nitrate and/or nitrite, violations of the MCL for total coliforms when fecal coliforms or
E. coli are present, and occurrences of a waterborne disease outbreak in an unfiltered
surface water system.
Actions tribal communities should take
If you are informed of test results that indicate you are in violation of an MCL
or you are informed of another violation, immediately contact EPA and notify them
of the violation and ask their direction in proceeding with public notification. (Note:
EPA may declare a sample invalid or require a check sample before confirming a
violation and thereby ask you to delay public notification.)
Methods of Notification
Reservations with a daily (or weekly) newspaper of general circulation
(received by most households) on the reservation:
Tier 1 violations
1. Provide notice within 14 days of the violation through the newspaper, AND
2. Provide notice by direct mail or hand delivery within 45 days of the violation.
Repeat this notice every three months as long as the violation continues, AND
3. For ACUTE VIOLATIONS ONLY - Deliver notice to the principal
television and radio station serving the area within 72 hours following the
violation.
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Tier 2 violations
1. Provide notice within three months of the violation through the newspaper,
AND
2. Provide notice by mail or hand delivery within three months of the initial
newspaper notice. Repeat this notice every three months as long as the violation
continues.
Methods of Notification
Reservations without a newspaper
Tierl violations
1. For ACUTE VIOLATIONS ONLY - Provide notice by hand delivery or
by posting within 72 hours of the violation, AND
2. For non-acute violations - Provide notice by hand delivery or by posting
within 14 days of the violation, AND
3. Repeat the notice by hand delivery every three months or by continuous
posting for the duration of the violation.
Tier 2 violations
Provide notice by hand delivery or by posting within three months of the
violation. Repeat the notice by hand delivery every three months or by
continuous posting for the duration of the violation.
Information that must be included in the Public Notice:
1. Must provide a clear and readily understandable explanation of the
violation.
2. Must include information about any potential adverse health effects.
3. Must contain information about the population at risk.
4. Must contain information about the steps being taken to correct the
problem.
5. Must contain information about the necessity of seeking alternative water
supplies, if any.
6. Must include any preventive measures that should be taken until the
violation is corrected.
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7. Must be clear and conspicuous.
8. Must not contain unduly technical language.
9. Must not contain unduly small print.
10. Must not create problems that frustrate the purpose of the public
notification.
11. Must include a phone number of the owner, operator, or someone to
contact at the public water system as a source of additional information.
12. Where appropriate, notices must be multi-lingual.
Mandatory Health Effects Language
EPA has established mandatory language on the health effects of contami-
nants found in drinking water. The EPA language must be included in notices by public
water systems where the system is:
- In violation of an MCL or treatment technique,
- Has been granted a variance or exemption,
- Is operating under a variance or exemption,
- Fails to comply with a variance or exemption schedule.
Currently promulgated mandatory health effects language is included in the
public notification regulations cited below.
Notice To New Billing Units
In addition to complying with the public notification requirements for Tier 1
violations, community water systems must provide notice to new billing units of any
existing Tier 1 acute and non-acute violations. A copy of the most recent public notice
must be given to all new billing units or hookups prior to or at the time service begins.
Additional Information
The rule for Public Notification is contained in 40 CFR 141.32.
"General Public Notification for Public Water Systems," EPA, available by
calling the National Safe Drinking Water Hotline at 1-800-426-4791 for a free
copy.
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WATER PROGRAMS
DRINKING WATER
Regulatory Development Schedule
An important pan of planning is knowing the specific regulations that will
affect your particular tribal members and its water system(s), and further, knowing
when these regulations will be in effect and enforced in your tribal community.
Following is the most recent schedule for the development of the new regulations.
Rule Status Effective
Fluoride Final 10/87
Lead Ban (SDWA1417) Final 6/86
Phase I Volatile Organics Final 1/89
Public Notification Final 4/89
Surface Water Treatment Rule Final 12/90
Total Coliform Rule Final 12/90
Phase II lOCs and SOC Final 7/92
Lead/Copper Final 12/92
Phase V lOCs and SOCs Final 1/94
Phase HI Radionuclides Proposed 1994
Disinfection/Disinfection By-Products TBP 1996
Revised Arsenic Standard TBP 9/94
Sulfate Rule TBP 10/93
Phase VIB SOCs and lOCs TBP 1993
Repropose MCls for Aldicarb,
Aldicarb sulfoxide, aldicarb sulfone TBP 12/93
Additional List Contaminants TBP 1997
- TBP means To Be Proposed
- IOC means Inorganic Chemicals
- SOC means Synthetic Organic Chemicals
- Some effective dates are phased-in by system size (see below)
- EPA Rules are generally effective 18 months after being finalized
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WATER PROGRAMS
DRINKING WATER
UNDERGROUND INJECTION CONTROL
The Underground Injection Control (UIC) program is authorized by the Safe
Drinking Water Act. The program is primarily preventative in nature and regulates
such aspects as siting, construction, operation, monitoring, and testing of various
types of wells used to inject fluids underground. Five classes of wells are recognized,
including:
Class I - Used to inject industrial, municipal or hazardous wastes below the
lowest underground source of drinking water (USDW).
Class n - Used to inject fluids associated with oil and natural gas production.
Class in - Used to inject fluids for extraction for minerals such as salt and
uranium.
Class IV - Used to inject hazardous or radioactive wastes into or above aUSDW.
Class V - Wells not otherwise classified and generally used to inject non-
hazardous fluid into or above a USDW.
Class I, II, and HI wells have specific requirements regarding their construction
and operation, and have been generally accounted for. Class IV wells are banned
unless part of an authorized groundwater cleanup. Class V well occurrence is not as
well documented, since this category includes any well not covered under the first four
Classes. There are a variety of constructions and uses for Class V wells, including
deep cased wells, seepage pits, cesspools, and septic tanks with lateral (tile) fields.
(Septic tanks handling strictly domestic wastewater and serving fewer than 20 persons
a day are exempt from UIC regulation.) These factors make this type of well difficult
to locate. Many Class IV wells are mis-identified as Class V wells. If a well is
identified as being a Class IV well, closure is required. Class IV and V wells can serve
virtually any type of industrial or commercial facility including automotive service
stations, lawn services, laundries and dry cleaners, transportation and road facilities,
local weed control authorities, photo processing labs, electroplating companies,
printers and lithographers, chemical plants, electronics manufacturers, pharmaceuti-
cal plants, food processors, and much more.
EPA Region 7 administers the UIC program on Indian lands. For further
information, please contact:
UIC Program
Water Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7032
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WATER PROGRAMS
106 WATER QUALITY MANAGEMENT PLAN
Section 106 of the Clean Water Act (CWA) provides financial assistance for the
assessment, then the prevention, reduction, and elimination of water pollution. The
Section 106 grant can be used as a foundation for creating water quality programs.
Using 106 funds, tribal communities can fund work related to a water quality
standards program, groundwater protection, wetlands protection, and abatement of
nonpoint source water pollution. The 106 funds cannot be used to construct water
treatment facilities, to monitor the quality of water used solely for drinking, or work
with water rights.
Unless changed by the pending CW A reauthorization, up to three percent of the
national section 106 allocation of funds is set aside for Indian tribes. To receive a
grant, a Tribe must have treatment as a State designation under Section 106. In
addition, the Tribe must have an EPA-approved workplan. Either Tribal staff or
consultants can be used. Some tribes have used 106 monies alongside multi-media
and other grants monies.
Some of the tribal projects that have already been funded under the 106 program
include:
- Developed and refined Best Management Practices
- Developed and implemented a water quality standards program
- Reviewed stream classification system, compiled/evaluated existing
data/conducted a Rapid Bioassessment of streams
- Evaluated pesticide contamination of surface water/conducted detailed
ammonia study
- Conducted groundwater inventory
- Assessed the effects of siltation on a river
- Developed a water quality classification, and assessed management options.
Additional Information
- "Clean Water Act Grants for Indian [Nations] Section 106 Guidelines"
- "Indian [Nations]: Water Quality Planning & Management,"
Federal Register. Vol. 54, No. 68, April 11,1989.
Regional Contact:
Indian 106 Program
Water Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7034
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WATER PROGRAMS
6
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 aremultiple, diffuse sources of pollution. Primary nonpoint sources
of pollution include runoff from urban areas, farming, feedlots, mining and forestry.
The major pollutant from nonpoint sources by volume is sediment. Runoff may also
carry oil and gasoline, agricultural chemicals, nutrients, heavy metals and toxic
substances, as well as bacteria, viruses and oxygen-demanding compounds.
Using 319 funds, tribes can fund activities including information and
education, 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 national section 319 allocation of funds
is set aside for Indian tribes. To receive a grant, a Tribe must have treatment as a
State designation under Section 319. In addition, the Tribe must have an EPA-
approved nonpoint source assessment and nonpoint source management plan. A
section 106 grant can fund the assessment and management plan. A project
implementation plan and workplan are also required. Normally, a non-federal
match of 40% is necessary.
Additional Information
- "Indian [Nations]: Water Quality Planning & Management,"
Federal Register. Vol. 54, No. 68, April 11,1989.
- "Guidance on the Award and Management of Nonpoint Source Program
Implementation Grants under Section 319(h) of the Clean Water
Act," June 11, 1993.
Regional Contact:
Nonpoint Source Pollution Control Program
Water Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7034
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WATER PROGRAMS
6
WASTEWATER
Water Quality Standards Program
Section 518(e) of the Clean Water Act requires Indian Nations that
qualify to be treated as states, and to develop, review, and revise water quality
standards, under Section 303 of the CWA, for all surface waters within their
jurisdictional boundaries that meet EPA's regulatory definition of "waters of the
United States." Such water quality standards must include designated water uses,
in-stream criteria sufficient to protect such uses, and an antidegradation policy.
Water quality standards must be reviewed and revised, if necessary, at least every
three years.
Tribes may participate in the water quality standards program following
EPA approval of a tribe's application for treatment as a state under Section 303 of
the Act. Tribes may use Section 106 grants for funding the development and
implementation of standards. No1 other additional funding is available under
Section 303 of the Clean Water Act. Tribes may select one of the following three
options for adopting standards:
- Negotiate a cooperative agreement with an adjacent state to apply the
state standards to the reservation;
- Adopt the standards of an adjacent state as the tribe's own, with or
without modifications; or
- Independently develop and adopt tribal water quality standards.
Water quality standards adopted by a Tribe must be submitted to EPA for
approval. Tribal water quality standards serve as the foundation for water quality
certifications under Section 401 of the Clean Water Act, and may be implemented
through NPDES permits and best management practices to control nonpoint
sources of pollution.
Additional Information:
- 40 CFR, Pan 131, Water Quality Standards Regulation.
- "Amendments to the Water Quality Standards Regulation that pertain to
Standards on Indian Reservations;" Final Rule. 56 Federal Register
64876, December 12, 1991.
- "Reference Guide to Water Quality Standards for Indian [Nations],
US EPA, January 1990.
Regional Contact:
Water Compliance Branch 726 Minnesota Ave.
Water Management Division Kansas City, KS 66101
EPA, Region 7 1-913-551-7034
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WATER PROGRAMS
WASTEWATER
Indian Set-Aside Program
The 1987 Amendments to the Clean Water Act authorized the Admin-
istrator of the Environmental Protection Agency to make grants available to
tribes under the Indian Set-Aside Grant Program. Funds of one-half of one
percent are taken off the top of each year's appropriation, beginning in FY87.
Grants are awarded according to a priority list for the development of
wastewater management plans and the construction of sewage treatment works
to serve Indian Nations. Priority listing is based on three categories of criteria:
water quality, public health, and existing level of treatment
The Indian Set-Aside Program is administered by EPA for the purpose of
providing funds to:
- Federally recognized Tribes with control over reservation land;
- Alaska Native Villages (as defined in the Alaska Native Claims
Act); or
-Tribes on former reservations in Oklahoma.
The definition of Indian Nation provided in Section 518 of the Clean Water Act
is "Any Indian [Nation], band, group, or community recognized by the Secretary
of the Interior and exercising governmental authority over a federal Indian
reservation."
For more information on obtaining an Indian Set-Aside grant,
please contact the Region 7 EPA contact below.
Additional Information:
"Guidelines and Requirements For Applying For Grants From The
Indian Set-Aside Program," EPA, April 1989.
Regional Contact:
Indian Set-Aside Program
Water Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7031
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WATER PROGRAMS
Clean Lakes Program
6
Section 314 of the Clean Water Act provides financial assistance in the form
of cooperative agreements with Tribes under the Clean Lakes Program. Funds are
provided in four stages: l)Lake Water Quality Assessment, 2)Phase I Diagnostic/
Feasibility Study, 3)Phase n Implementation, and 4) Phase in Post-implementation
Monitoring. Because of the technical nature of the Clean Lakes Program, a tribe
should have a functioning water quality program in place before applying for the 314
program.
To receive a grant, a Tribe must qualify to be treated as a State under
Section 518 (e) of the CWA. In addition, the Tribe must have an EPA-approved
workplan, and Quality Assurance Project Plan. The tribe may, upon demonstration
of hardship, provide a minimum 10 percent cost share rather than the usual 50 percent
for lake Water Quality Assessment and Phase I grants, or 30 percent for Phase I
and m grants.
Additional Information
- "Indian [Nations]: Water Quality Planning & Management,"
Federal Register. Vol. 54, No. 68, April 11,1989.
- "The Lake and Reservoir Restoration Guidance Manual,"
EPA 440/4-90-007
Regional Contact:
Clean Lakes Program
Water Management Division .
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7439 or x-7431
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WATER PROGRAMS
WASTEWATER
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES)
Public Law 92-500 amended the Federal Water Pollution Control Act in 1972
(later amended and renamed the Clean Water Act). It established a national policy to
restore and maintain the chemical, physical and biological integrity of the nation's
waters. The U.S. EPA has responsibility for administering NPDES permits to Tribes.
These permits are issued to operators discharging any pollutant (including wastewater
effluent) to Tribal waters (such as streams, lakes, wetlands, etc.)
NPDES permits contain limits which reflect minimum treatment requirements
(such as secondary treatment) and may also include limits to protect water quality
standards. Tribes authorized by EPA to administer the water quality standards
program must certify that an NPDES permit is consistent with Tribal water quality
standards by issuing a 401 certification to the permit-issuing authority.
Actions a tribal community should be taking
Maximize member awareness and education concerning wastewater collection
and disposal, available solution alternatives, funding resources and procedures for
implementing the most appropriate wastewater collection and treatment facility.
Numerous technical and administrative resources are available at little or no cost to the
tribal members.
Revisions to the NPDES regulations, which would allow Tribes to be delegated
by EPA to administer the NPDES program and issue permits, are being planned. Until
such regulations are promulgated, and a Tribe so authorized, EPA is the permitting
authority for discharges to Tribal waters.
Additional Information
Federal Water Pollution Control Act of 1972 (33 U.S.C. 1342).
EPA Administered Permit Programs: The National Pollutant Discharge
Elimination System, 40 CFR 122.
Regional Contact:
NPDES Program 726 Minnesota Ave.
Water Management Division Kansas City, KS 66101
EPA Region 7 1-913-551-7034
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WATER PROGRAMS
WASTEWATER
SECONDARY TREATMENT OF WASTEWATER
Secondary treatment is the minimum treatment requirement for most commu-
nity-owned (public or tribal) treatment works. Secondary treatment, among other
things, requires that effluent concentration of five-day biochemical oxygen demand
(BOD,) and total suspended solids not exceed 30 mg/1 as a 30-day average. In general,
at a minimum, the treatment process must be a stabilization pond.
Does the secondary treatment regulation apply to reservations?
Yes, all treatment facilities that discharge to waters of the U.S. must comply.
Beneficial uses of the receiving waters may necessitate higher quality effluent be
discharged or possibly require no discharge.
Actions your tribal community should be taking
If a wastewater treatment plant discharges to waters of the United States (such as
streams, lakes, wetlands, etc.), it is required to have a National Pollutant Discharge
Elimination System (NPDES) permit. The permit will specify effluent limitations and
monitoring requirements.
If a treatment facility cannot meet the effluent limitations specified in the permit,
it may be necessary to upgrade the treatment facility, review operational improvements,
and/or improve the sewer collection system to correct excess inflow/infiltration prob-
lems. If you suspect a problem, notify the organization you feel appropriate, starting
with the facility itself, tribal officials, or EPA officials responsible for water quality
and/or wastewater discharge permits.
Revisions to the NPDES regulations, which would allow Tribes to be delegated
by EPA to administer the NPDES program and issue permits, are being planned. Until
such regulations are promulgated, and a Tribe so authorized, EPA is the permitting
authority for discharges to Tribal waters.
Additional Information:
U. S. EPA Secondary Treatment regulation, 40 CFR 133.
Regional Contact:
Water Compliance Program
Water Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7034
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WATER PROGRAMS
WASTEWATER
SEWAGE SLUDGE* USE AND DISPOSAL
Municipal wastewater sludge is a by-product of the wastewater treatment
process. Sludge regulations ensure that sewage sludge is properly handled by disposal
or reused as a soil conditioner or fertilizer.
Do the sewage sludge regulations apply to tribal communities?
Yes, the regulations apply if the wastewater treatment system includes any form
of central treatment or mechanical plant, including a lagoon, which will need to be
cleaned. The regulations do not apply if individual on-site septic systems are used.
However, the septage from the individual on-site systems must be disposed according
to final regulation.
Timetable
The final Sewage Sludge regulations were published on February 19,1993 and
became effective March 22,1993. If tribal communities can meet the requirements of
the sludge regulations without construction , it must be done by February 19,1994.
However, if construction is required, tribal communities will have until February 19,
1995. Monitoring and record keeping must commence by July 19,1993.
Actions your tribal community should be taking
Be aware of restrictions covering proper use of the sewage sludge for land
application (agricultural and small quantity local use) and proper disposal
(incineration, and surface disposal). Tribal communities (except those with
lagoons**) should immediately begin testing the sludge being disposed of to determine
its quality. Then, the communities should evaluate which options are available based
on the sludge in accordance with the regulations.
These regulations are "self-implementing." In other words, they are in effect and
enforceable regardless of whether or not they are in your current wastewater treatment
facility permit.
*The term, "Biosolids," may be used instead of "sludge" in some literature.
**Lagoons are not required to comply with the Sewage Sludge regulations until
the sludge is removed from the lagoon.
Sewage Sludge Final Rule, 40 CFR Part 503.
Regional Contact: Sludge Program/Water ComplianceBranch
Water Management Division/EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101 1-913-551-7034
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WATER PROGRAMS
WASTEWATER
PRETREATMENT REQUIREMENTS
Pretreatment is the treatment of a waste before it is discharged into the sanitary
sewer. A pretreatment program includes ordinances, education, inspections, moni-
toring, 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 indus-
trial wastewaters and sludges.
Do the Pretreatment requirements apply to tribal communities?
Traditionally, the smaller treatment facilities with individual discharges are not
required to establish local pretreatment programs. If the tribal community has non-
domestic users (such as sawmills, food processing plants, metal finishers, etc.)
discharging pollutants that could pass through the treatment facility untreated or
interfere with operations, the tribal community may have to implement a pretreatment
program to satisfy the National Pollutant Discharge Elimination System (NPDES)
permit requirements.
Your current NPDES permit contains a section on prohibited discharges and
industrial waste. These are pretreatment requirements and are designed to insure that
you protect your treatment facility. Pretreatment discharge requirements may be
imposed on industrial users of the wastewater system based on minimum treatment
requirements; the protection of the collection system, treatment facility, or its
workers; or to insure that the treatment facility complies with its own NPDES permit
limits.
If you are required to establish a pretreatment program .your tribal community
will need to establish ordinances implementing the pretreatment requirements, and
identify a person responsible for insuring the program is administered and enforced.
If your tribal community wants to establish a local pretreatment program, and is not
required to through your NPDES permit, contact EPA for assistance.
Additional Information : Pretreatment Final Rule, 40 CFR 403.
Regional Contact: Pretreatment Program
Water Management Division
EPA Region 7
726 Minnesota Ave.
Kansas City, KS 66101
1-913-551-7034
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WATER PROGRAMS
WASTEWATER
STORM WATER
The storm water regulations are a new part of the National Pollutant Discharge
Elimination System (NPDES). As part of the Clean Water Act amendments of 1987,
Congress acted to directly address storm water by adding Section 402(p). In response
to these changes, EPA issued a final application rule in November 1990.
This regulation defines the initial scope of the NPDES permit program for storm
water discharges. It defines the 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 (sometime after October 1994) may require
communities less than 100,000 to obtain a permit and develop a storm water manage-
ment program. Only three "industrial activities" owned or operated by a tribal
community with a population under 100,000 are covered by the storm water regula-
tions - uncontrolled landfills, airports, and power plants.
Actions your tribal community should be taking
Find out if the defined industrial operations owned or operated by the tribal
community (i.e. landfill, airport and power plant) need permits. The EPA contact will
be able to give assistance to determine which industrial operations need permits and
how to apply for the permits.
Develop an information and education program for community members to
increase awareness of the relation between the storm water drain system and the local
lake or stream. Storm water runoff collects in street gutters and storm drains and flows
directly to streams with little or no treatment. Members need to be educated so that
they are aware of the role they play in the quality of the streams and lakes. Dumping
used motor oil, unused paint, pesticides and other household chemicals on the ground
or in the street can severely impact nearby surface water.
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Communities should also, consider establishing local ordinances controlling the
improper disposal or dischai;geฃof pollutants to the municipal storm, water drain
system.
-For the following facilities, if materials are exposed to storm water: facilities
classified under SIC cqdes 20*21,22,23*2434,25,265,267,27,283*31 (except
311), 34 (except 3441), 35,36,37 (except 373), 38,39, and 4221-25 (including
food; tobacco^ .textile; appare.1; wood kitchen cabinets; rumiture;.paperboard
containers, and-boxes;, converted paper/paperboard products; printing^
drugs; leather, fabricated metal products; industrial and commercial machin-
ery and computer equipment; electronic equipment; transportation equip-
ment; mea^uriogi.analyzing.and-controlling in$truments
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DEFINITIONS-ACRONYMS
AHERA - Asbestos Hazard Emergency Response Act
ASHAA - Asbestos School Hazard Abatement Act
Bacteria - Microbiological contaminants found in drinking water
samples are; fecal coliforms and the bacterium E. coli. Their presence is
evidence of sewage contamination.
Biosolids - Sewage sludge, a byproduct of wastewater-treatment
BODS - Measurement of oxygen required for biochemical degradation of
organic matter and oxygen used in oxidizing inorganic material in water (usuallj
wastewater or receiving water sample).
CERCLA - Comprehensive Environmental Response, Compensation and
Liability Act; also known as Superfund.
CFR - Code of Federal Regulations
DBF - Disinfection By-product
EPA - Environmental Protection Agency
FIFRA - Federal Insecticide, Fungicide, and Rodenticide Act
Groundwater - Water below the land surface that feeds wells-and springs.
IOC - Inorganic Chemical
IRAA - Indoor Radon Abatement Act
LEA - Local Education Agency
LEPC - Local Emergency Planning Committee, established under SARA
MCL - Maximum Contaminant Level
NESHAP - National Emission Standards Hazardous Air Pollutants
NPDES - National Pollution Discharge Elimination System
NPDWR - National Primary Drinking Water Regulation
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NTNC - Non-transient non-community
OSHA - Occupational Safety and Health Administration
pH - A measurement of hydrogen ion in a compound; determines whether a
compound is "acidic" or "basic."
RCP - Radon Contractor Proficiency
RCRA - Resource Conservation and Recovery Act
SARA - Superfund Amendments and Reauthorization Act
SDWA - Safe Drinking Water Act
SERC - State Emergency Response Commission, established under SARA
SIC - Standard Industrial Classification
SMCRA - Surface Mining Control and Reclamation Act
SMF - Standardized Monitoring Framework
SOC - Synthetic Organic Chemical (non-volatile)
TCLP - Toxicity Characteristic Leaching Procedure
TSCA - Toxic Substances Control Act
UIC - Underground Injection Control
UST - Underground Storage Tank
VOC - Volatile Organic Chemical
WHP - Wellhead Protection
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