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
------- |