tes
    ntal Protection
EPA/540/8-89/001
March 1989
    e and Emergency Response
	ardous Waste
Releases
On Indian Land

Beginning the
Superfund Process

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                          Foreword
                          This handbook is intended to assist Native
                          American tribes in dealing with releases of
                          hazardous substances on their lands. It
                          describes the mechanisms through which
                          hazardous substance releases are identified and
                          reported to the U.S. Environmental Protection
                          Agency (EPA). It also describes the process
                          EPA uses to evaluate the extent of chemical
                          contamination  at abandoned hazardous waste
                          sites and the additional steps necessary before
                          a site can receive further consideration for
                          response under the Comprehensive
                          Environmental Response and Liability Act (or
                          Superfund law).
                            I hope this information will be  of use to you
                          and will provide you with four things:

                          • Ideas on how sites are discovered.
                          • Mechanisms  for notifying  EPA.
                          • An overview of the evaluation process once a
                          site is brought  to EPA's attention.
                          • A brief overview of the Superfund program
                          in general.
                            If you would like additional copies or more
                          information please contact the EPA Regional
                          Office nearest you.  These offices are listed on
                          page 10.
                          Henry L. Longest II, Director
                          Office of Emergency and Remedial Response
                          U.S. Environmental Protection Agency
••j
o

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 Introduction
 Hazardous Waste
 Problems On Native
 American Lands

 Releases of hazardous substances on
 Native American lands.
 Increased residential and commercial
 development, natural resource
 development, accumulation of
 municipal wastes, and the growth of
 various industries have resulted in
 uncontrolled hazardous waste sites on
 Native American lands. Releases of
 hazardous substances from these sites
 have created many types of
 environmental problems. Some
 examples of hazardous waste sites on
 Native American lands include:
 • Certain releases from active or
 inactive surface mines, such as that at
 the Celtor Chemical Works site on the
 Hoopa Valley Reservation, where acid
 drainage from the mines and tailing
 wastes have contaminated ground and
 surface waters.
 • Pesticide disposal areas, such as the
 Loneman Pesticide site on the Pine
 Ridge Sioux Reservation  and the Eagle
 Butte site on the Cheyenne River Sioux
 Reservation, where improper pesticide
 disposal techniques threatened to
 contaminate nearby soil and ground
 water.
 • Wood treating and processing
 plants, such as at the Masonite/Mescat
 site on the Hoopa Valley Reservation,
where wood treating wastes have
created the potential for soil
contamination.
• Illegal dumps, such as at the Gila
River Reservation Dump Site, where
illegally abandoned hazardous waste
drums and pesticide containers
contaminated soils and damaged
vegetation.

 These situations can  threaten the
health of tribal members living on and
near the reservations. The goal of the
U.S. Environmental Protection
Agency's Superfund program is
to assist in identifying and addressing
these releases. EPA is eager to work
with tribal officials, in a
government-to-government
relationship, to prevent and remedy
threats to human health and the
environment from hazardous waste
releases.

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Overview of the Superfund
Program  and Tribal
Participation

Congress created the Superfund
program in  1980 .to provide legal
authority and resources to address
concerns over hazardous waste
releases that threaten human health
and the environment.

Superfund resources can be used to
respond to releases into the
environment such as transportation
accidents, illegal dumping of toxic
chemicals and wastes, or the
deterioration of poorly maintained
waste dumps and "abandoned" waste
sites. EPA uses Superfund resources to
respond to,  or assist  tribes in
responding  to, these situations.
  The Superfund program operates in
several  ways, including  direct
government action to remedy
hazardous waste  problems (performed
by EPA or tribal authorities or by
other federal agencies such as the
Department of Defense for problems at
their facilities), or legal action by
governmental authorities (EPA or
tribal) against the parties responsible
for releases. EPA encourages tribes
and the general public to participate in
all phases of these actions. EPA
encourages responsible parties to take
action at releases, but when they do
not take action or cannot be quickly
identified, EPA takes direct action.
  The Superfund program is in the
process of investigating and addressing
thousands of sites nationwide. Over
30,000 sites are currently listed on
CERCLIS1, a national inventory of
locations where hazardous wastes are
believed to have been released. EPA
has performed preliminary assessments
on over 28,000 sites, and has
conducted follow-up site inspections
on more than 9,000 of these. Over 1,200
of these sites have been listed as the
nation's most serious hazardous waste
sites. In managing this sizable program
EPA's general philosophy is to address
the worst sites first.
  The Superfund program is
committed to working with Native
American organizations to address
hazardous waste problems.
  EPA recognizes that protection of the
natural environment is a Native
American priority. Understanding  the
necessity of a clean environment for
cultural, physical, and economic
well-being, Native Americans have
labored to maintain a harmonious
relationship with nature. EPA fully
shares this commitment.
  EPA recognizes and supports the
preference of Native Americans for
tribal self-government and encourages
tribes to participate in identifying,
assessing,  and implementing remedies
at hazardous waste release sites. Tribal
governments are guaranteed the right
to participate in Superfund response
actions in the same manner as states.
Tribes, however, are not required, as
states are, to share in  the costs of
Superfund actions, assume the
responsibility for operation and
maintenance of remedial actions, or
guarantee the availability of hazardous
waste treatment, storage, and disposal
capacity.
'Comprehensive Environmental
 Response, Compensation, and Liability
 Information System.

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 How To Report a Hazardous
 Waste Site or Release

 Anyone may report a known or
 suspected spill, leak, dump, or release
 of any substance that might be
 hazardous.

 EPA encourages Native Americans to
 report possible hazardous waste
 problems so that EPA or tribal
 authorities can assess the situation,
 determine the extent of the problem,
 and initiate action to reduce or avoid
 any threat to human health and the
 environment.
   A tribal member who observes the
 spilling, leaking, dumping, or
 releasing of a possibly hazardous
 substance should immediately call the
 National Response Center toll-free at
 1-800-424-8802. The National Response
 Center (NRC) is the  national
 communications center for oil and
 hazardous substance releases. The
 NRC will contact Regional EPA
 officials,  who will contact the tribal
 Chairman and other tribal and local
 officials,  to initiate investigation and
 follow-up action. A tribal member may
 instead also contact the nearest EPA
 Regional office, the nearest Coast
 Guard unit,  or the designated tribal
 authority. Officials will relay the
 information to the NRC.
  When you  report a release, the NRC
 or EPA Regional operator will ask if
 you can provide the following
 information:

 • Your name (or your company or
 organization's name), address, and
 telephone number.
• The name, address, and telephone
number of the person, facility, or
company releasing the substances (if
known).
 • The address or specific location
 where the release is believed to have
 occurred.
 • Any basic information known about
 the release, including:

   — Type and quantity of released
   material.
   — Date and time incident occurred
   or was discovered.
   — Source and cause of release.

   — Impact of the release on human
   health and the environment
   (whether air, land, or water is
   contaminated; number and type of
   injuries or fatalities; and
   approximate property damage).

  The NRC operators need concise and
accurate information. Report as much
of this information as possible, but do
not hesitate to call the NRC even if
you do not want to give your name or
do not know all this information.
  If you suspect (without having seen)
that hazardous  waste has been
dumped  or improperly disposed of, or
that a potential hazardous  waste site
exists, you may alert the appropriate
EPA Regional Administrator of the
potential problem in writing (using the
addresses provided on p. 10 of this
handbook). If you specifically wish to
have a preliminary assessment (PA)
conducted within a year, you may
petition EPA to perform an assessment
of a suspected release in this manner.
Your petition is a letter that must
clearly ask EPA to perform a

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 preliminary assessment in accordance
 with Section 105(d) of CERCLA2 (see
 attached sample on page 12) and must
 contain the following information:
 • Name and address of petitioner;
 • Location of site (address and
 directions to site); and
 • How you, the petitioner, or others
 may be affected by the release.
 Naturally, the more information you
 provide about a potential site, the  more
 quickly EPA can respond. Although
 not required, the following
 information, if known, can be very
 helpful to the people reviewing
 petitions:
 • What substances are involved (e.g.,
 chemical name, popular name, name
 on container).
 • Description of substances involved
 (e.g., smell, color, liquid/solid/gas).
 • How the substance is, or may be,
 released (e.g., leaking container,
 dumped on ground, oozing from soil).
 • Events leading to release (e.g., who
 did what, and when, to cause a
 suspected release).
 • Tribal, state, or local agencies
 already contacted  and what they did
 (e.g., fire, police, or health department;
 tribal or state environmental agency).
 • Tribal contact information (name
 and telephone number of observer,
 tribal agency, or tribal contact).
 Caution: In gathering this information,
 please do not pick up waste containers
 or come in contact with the  substance
 released in any way. If the released
 substance gives off a strong odor, stay
 away from it and avoiding breathing it.
How EPA Uses Release and
Site Information

Working with Native American
Tribes, EPA investigates reported
releases and determines what actions
are necessary to remedy the problem.
After learning of a hazardous
substance release, EPA and Tribal
officials will coordinate information
regarding the nature of the release and
what hazards it presents.
  EPA or tribal officials will obtain as
much information on the release as
possible from background documents
on the site and other possible  sources
of information. Regional EPA  officials
will use reported information  to
coordinate an assessment of the
problem and enter the site into EPA's
CERCLIS inventory  of hazardous waste
sites.
2The Compensation Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA) is the law that
established and defined the Superfund
program.

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Emergency Situations
 When imminent threats exist —
 such as from fire, explosion, or
 contaminated drinking water —
 immediate action may be
 warranted.
 Emergency response actions are
 conducted to address immediate
 threats at a site. Emergency
 response measures may include the
 excavation of waste drums or
 contaminated soil, construction of
 barriers around contaminated
 areas, and other emergency
 containment measures.  Sites where
 emergency response actions have
 been taken wiH remain on the
 CERCLJS inventory and will be
 assessed for further action.
 Regional EPA officials will
 coordinate an emergency response
 after conferring with tribal
 authorities. Emergency response
 ("removal") actions are limited by
 law to one year and $2 million.
 Sites not requiring immediate
 action will remain on CERCLIS and
 be assessed for future action.
Description of Pre-Remedial
Process

 The pre-remedial process is a series of
 steps that gathers more detailed
 information on the site at each step to
 determine if further action is
 warranted.  These steps are described
 below.

 A preliminary assessment (PA) of
 the site will be performed within one
 year after a site is recorded in
 CERCLIS. During a preliminary
 assessment, Regional EPA or tribal
 personnel obtain and review all
 available reports  and documentation
 about the site, evaluate the magnitude
 of the potential hazard at a site,
 identify the source and the nature of
 the release, and identify any
 potentially responsible parties. Eligible3
 tribes can supervise the preliminary
 assessment or participate by gathering
 and organizing information about the
 site, evaluating risks and threats from
 the site, and initiating searches for
 responsible parties.
   A site inspection (SI) examines a site
 further when the preliminary
 assessment  results indicate the need.
 The SI usually involves on-site work
 that includes collection and chemical
 analysis of soil, water, and air samples.
 Eligible tribes may supervise the site
 inspection or participate by organizing
 and planning site visits, collecting
 samples, and evaluating potential
 environmental and health hazards.
   Through the Hazard Ranking
 System (HRS), EPA or tribes use
 information gathered from the site
 inspection to score sites based on the
 potential risks they pose to human
 health and the environment. The HRS
 takes into account the types and
 quantities of wastes at the site,
                                    Eligibility is defined under 40 CFR Part 31.

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pathways of exposure, the extent of
contamination that has already
occurred, and the number of people
living or working near the site. EPA
will also consult with tribal
governments to develop the
information used in producing HRS
scores for sites. The HRS is the
primary way to determine which sites
are most in need of remedial action
and should be included on the
National Priorities List (NPL). Tribes
can review sites that EPA proposes to
include on the NPL. Only sites listed
on the NPL are eligible for
Superfund-financed remedial cleanup
actions.
Cl
Number of Sites
eanup process matrix
CERCUS
Report Sites
For
Inclusion
PA
Gather
Information
And
Evaluate
SB*


SI
CoBect
Samples
unrlKuAltiatA I
Hazards HRS NPL** )
* Develop Site Scores
" Eligible for Federal Funding For Further Action

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 Description of Remedial
 Process
 The performance of a Remedial
 Investigation and Feasibility Study
 (RI/FS) is the beginning of the cleanup
 process for sites listed on the NPL.
 These studies require extensive work at
 the site and technical study. Because
 the RI/FS is quite thorough, evaluating
 large complex sites can take several
 years before a full-scale solution or
 remedy to a site problem begins. A
 Superfund-financed action can involve
 extensive and complex operations,
 during which tribes may carry out
 many activities, including site
 sampling, risk assessments, public
 health evaluations, and the designing
 of technologies to remedy
 contamination. An  effective solution
 can take three years or more to
implement and can cost as much as
$100 million. The average cost of an
action in 1986 was less than $10
million.
 Goals of the Indian Outreach
 Program

 EPA has established the Indian
 Outreach Program in order to heighten
 tribal understanding and awareness
 of hazardous waste problems, and to
 help tribal governments develop the
 management and technical skills
 necessary to conduct Superfund
 response actions.
 The goal of the Indian Outreach
 Program is to aid Native American
 tribes in becoming involved in
 Superfund activities. As part of this
 program,  EPA will (upon request)
 conduct seminars, educational
 programs, and  regional  workshops
 with tribal representatives. These
 regional workshops will acquaint
 representatives of Native American
 tribes with potential sources of
 assistance in dealing with
 environmental problems and provide
 technical training and assistance for
 identifying and assessing possible sites,
 gathering site information, and
 interpreting hazardous waste
 problems.
  To offer suggestions on how to
 improve the Indian Outreach Program,
 or to obtain more information, contact
 the nearest Regional Indian Work
 Group Coordinator, or the National
 Indian Work Group Coordinator.
 Names and phone numbers are listed
on page 10.

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 Case Studies

 Superfund actions at the Fort Berthold
 and Hoopa Valley Reservations are
 examples of how EPA and Native
 American 'tribes have worked together
 to solve and prevent hazardous waste
 problems.
 Fort Berthold Reservation
 EPA and the Three Affiliated Tribes
 (Hidatsa, Mandan, and Arikara) at  Fort
 Berthold (located in McLean County,
 North Dakota) have worked together to
 address several environmental
 problems, including the cleanup of the
 Raub Dump Site. The Raub Dump  Site
 is a two-acre illegal pesticide dump
 discovered on the reservation in April
 1985. A farmer had dumped 700
 5-gallon pesticide containers and one
 30-gallon pesticide drum into a ravine
 on his property. The site was reported
 to tribal officials by local farmers who
 expressed concern about chemical
 exposure to grazing cattle. The tribes
 approached the farmer and asked him
 to remove the material and to allow
 them to drill ground-water monitoring
 wells on his property using funds from
 EPA. The containers  were removed
 and transported  to a  hazardous waste
 landfill, and ground-water monitoring
 was conducted to determine if any
 ground-water contamination had
 occurred.
 Hoopa Valley Reservation
 EPA and tribes worked to remedy a
 complex hazardous waste problem at
 the Celtor Chemical Works Superfund
 site, a former metal processing center
 on the Hoopa Valley  Reservation in
 Humboldt County, California. The
 tribe suspected that deteriorating mine
 tailings left on  the site were
contaminating surface waters and
subsurface soils with  heavy metals,
including arsenic, cadmium, copper,
lead, and zinc. The Hoopa Valley Tribe
worked with EPA to evaluate the
hazardous waste problem and develop
alternatives to address site
contamination. EPA met with the tribe
to discuss initial response actions,
listing of the site on the NPL, and
development of an interagency
approach to site remediation. After an
interim action to remove all visibly
contaminated soil was completed, the
tribe reviewed the progress to date
and identified tribal laws and
regulations applicable to the final
remedial action. The tribe also
communicated tribal concerns  and
priorities for addressing the site
problem and proposed possible
remedial alternatives. A tribal
company received the subcontract to
perform security work at the site.

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 EPA National and Regional Hazardous Waste Contacts

 National Response Center Hotline 1-800-424-8802
 Superfund Hotline 1-800-424-9346
  EPA Headquarters
  U.S. EPA, 401 M St., SW
  Washington,  DC 20460
  Martin Topper
  National Indian Work Group Coordinator
  (202) 382-7063

  EPA Region 1
  JFK Federal Building, Room 2203
  Boston, Massachusetts 02203
  (617) 565-3400
  Waste Management Div. Director
  Merrill Hohman
  Hazardous Waste Emergency
  (617) 223-7265
  Clara Chow
  Indian Work Group Coordinator (IWGC)
  (617) 565-3927

  EPA Region 2
  26 Federal Plaza
  New York, NY 10278
  (212) 264-2525
  Emergency and Remedial Response Div.
  Superfund Program Support Branch IWGC
  Vincent Pitruzzello
  Robert Hargrove
  (212) 264-1892

  EPA Region 3
  841 Chestnut  Street
  Philadelphia,  PA  19107
  (215) 597-9800
  Hazardous Waste Management Division
  Site Investigation Section
  Kenneth Kryszczun
  Regional 24-hour  Response Hotline
  (215) 597-3300

 EPA Region 4
 345 Courtland Street, N.E.
 Atlanta,  Georgia 30365
 (404) 347-4727
 Emergency and Remedial Response Branch
 Site Investigation  Chief
 Camilla Warren
 Regional 24-hour Response Hotline: (404)
 347-4062
 (IWGC): Arthur Linton
 (404) 881-3776
 EPA Region 5
 230 South Dearborn St.
 Chicago, Illinois 60604
 (312) 353-2000
 Superfund Program Management Branch
 Technical Support Section: Steve Ostradka
 IWGC: Casey Ambutas
 (312) 353-1394

 EPA Region 6
 1445 Ross Avenue, Suite 1200
 Dallas, Texas 75202
 (214) 655-6444
 Superfund Enforcement Branch
 Site Assessment Section
 Martha McKey, Emergency Response Hotline
 (214) 656-2222, (214) 655-6444
 (IWGC) Ernest Woods (214) 655-2260

 EPA Region 7
 726 Minnesota Avenue
 Kansas City, Kansas 66101
 (913) 236-2800
 Superfund Branch Chief
 Robert Morby
 IWGC: Michael Bronoski
 (913) 236-2823

 EPA Region 8
 One Denver Place
 999 18th St., Suite 1300
 Denver, Colorado 80202
 (303) 293-1439, (303) 293-1603
 Pre-Remedial Section
 David Schaller
 Emergency Response Hotline
 (303) 293-1788 IWGC: Sadie Hoskie
 (303) 293-1439

 EPA Region 9
 215 Fremont Street
 San Francisco, CA 94105
 (415) 974-7472
 Site Screening Coordinator
 Paul LaCourreye
 IWGC: Roccena LaWatch
 (415) 974-8323

 EPA  Region 10
 1200 Sixth Avenue
Seattle, Washington 98101
(206)442-2777
Superfund Response and Evaluation Section
James Everts
IWGC: Gretchen Havslip
(206) 442-8512
10

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Glossary of Superfund Terms
CERCLA        Comprehensive Environmental Response, Compensation, and
                Liability Act of 1980 (CERCLA, or Superfund)—A Federal law
                passed in 1980 and amended by the Superfund Amendments
                and Reauthorization Act (SARA) in 1986.

CERCLIS        Comprehensive Environmental Response, Compensation, and
                Liability Information System—A list of abandoned and inactive
                or uncontrolled hazardous waste sites.

HRS            Hazard Ranking System—A scoring system used to evaluate the
                relative potential for risks to public health and the environment
                from releases of hazardous substances through air, surface
                water, or ground water. This score is the primary factor used to
                decide if a hazardous waste site should be placed on the
                National Priorities List.

Hazardous      Any material that poses a threat to public health and/or  the
Substances      environment. The Superfund law applies to specific hazardous
                substances. Typical hazardous substances are materials that are
                toxic, corrosive, ignitable, explosive, or chemically reactive.

NPL            National Priorities List—EPA's list of the most serious
                uncontrolled or abandoned hazardous waste sites identified for
                possible long-term remedial response using money from
                Superfund. This list is based primarily on the score a site
                receives on the HRS.

PA             Preliminary Assessment—The process of collecting and
                reviewing documents and available information about a  known
                or suspected hazardous waste site or release. EPA uses this
                information to determine if the site requires further study.

Pre-remedial    The part of the Superfund program involving identification and
                assessment of potential  hazardous waste sites and the
                performance of initial actions to reduce immediate threats from
                a site.

Release         The spilling, leaking, dumping, or emitting of a hazardous
                substance into the environment (air, water, or ground).

SI              Site Inspection—An on-site technical investigation that follows a
                preliminary assessment  and that is designed to collect more
                extensive information on a hazardous waste site. The
                information is used to score the site with the Hazard Ranking
                System to determine whether response action is needed.

Superfund      A common name for CERCLA, the law enacted by Congress in
                1980 to identify and address the problems at the most serious
                hazardous waste sites in the country.

Superfund      The toll-free number to  call if you have a question about the
Hotline         Superfund program (1-800-424-9346).
                                                                             11

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  Sample Public Petition Format
                                                   faci
                                                                  the brackets
 (Regional Administrator)
 United States Environmental Protection Agency
 Region (Insert proper Region number or name of federal
 [Instructions in brackets can be replaced with relevant ii
 deleted.]
 Under the authority of CERCLA section 105 (d), as amended,
 (Name):	
 (Address):	
 (Telephone Number):	
thereby requests that Region [(insert number b*JU.S. EP>4Jegior/in w^ich release/
threatened release is located from list provided mttandbookyof the'United States
Environmental Protection Agency] condueflTp>eliminan7llssessmentof the suspected
[release (or) threatened release] of a hazardous subs^nce, pomJtacn, or contaminant at
the following location:
(Precise description of the location of the release/threatened release:
attach marked map if possible)
 Petitioner is affected by the
 (Describe as completely as
 release/threatened release)
                                                     because:
                                                   or potentially affected, by the
                    z
 [The information requested frelow is nbkrequired, but to the extent that it can be in-
 cluded, it will expedite review of arxtresoonse to your petition.]
                x.  x/
 Nature and history of ah^ activities that have occurred regarding the release/threatened
 release*:     /
    /   ^//
                    andocal authorities you have contacted about the release/threat-
ened release anrfthe response, if any:
12
                                 £• US. GOVERNMENT PRINTING OFFICE.  1989 - 617-003 - 1302/84343

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