tes ntal Protection EPA/540/8-89/001 March 1989 e and Emergency Response ardous Waste Releases On Indian Land Beginning the Superfund Process ------- 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 ------- 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. ------- 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. ------- 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 ------- 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. ------- 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. ------- 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 ------- 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. ------- 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. ------- 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 ------- 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 ------- 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 ------- |