vvEPA
United States
Environmental Protection
Agency
Office of
Enforcement
(A-104)
20E-4002
June 1990
EPA Activities On
Indian Reservations
FY89
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ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 89
Introduction 2
Observations 3
Program Highlights 4
Matrix (Funding and Workyears) 7
Program Summaries
The Office of Air and Radiation 8
The Office of Water 13
Clean Water Act Programs 15
Safe Drinking Water Act Program - UIC 21
Safe Drinking Water Act Program - PWSS 23
Groundwater Programs 28
Office of Pesticides and Toxic Substances 29
Office of Solid Waste and Emergency Response 33
RCRA Programs 35
CERCLA/SARA Programs 42
Office of Federal Activities 47
Office of General Counsel 52
Indian Work Group Coordinators . 54
Glossary of Acronyms 56
Appendix A - EPA Indian Policy and Implementation Guidance 59
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ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 89
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 three major
areas: (1) seeking amendments to environmental statutes in order to clarify
the role of tribal governments in this area; (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; and (3) working to incorporate attention to tribal
environmental problems and issues into EPA's broader management structure:
operating guidance, program strategies, budget consideration:;, etc.
This report is designed to give an 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
thousands of dollars that EPA headquarters and each region expended on each
program (i.e., Clean Air Act, Federal Insecticide, Fungicide and Rodenticide
Act) on Indian lands. It is important to note that travel funds: and salaries are
not included in the funding column or in the matrix page of this report; if
they were, the total amount of reported monies would be larger. It also 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 PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OBSERVATIONS
1. In FY 89, EPA expended approximately $7.3 million and 93 workyears on
environmental activities on Indian lands.
2. Increases in funding occurred in programs funded under the Clean Air Act,
the Clean Water Act, the Resource Conservation and Recovery Act, and the
Comprehensive Environmental Response, Compensation, and Liability Act.
These increases represent an across-the-board increase in Indian activities by
the EPA media program offices.
3. The one significant decrease in funding occurred in the Office of Pesticides
and Toxic Substances. The FY 88 figures included a one-time expenditure of
$1 million for asbestos management plans.
4. There was also an increase in workyears expended. Increases occurred in
the programs operated by the Offices of Water, Solid Waste, and Federal
Activities. There were no major decreases.
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ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 89
PROGRAM HIGHLIGHTS FOR FY 89
Office of Air and Radiation
The headquarters Office of Air Programs conducted a review of existing
data and found that more than 100 tribes have lands in counties that are in
non-attainment for National Ambient Air Quality Standards. Region 8
contracted for technical assistance for tribes developing tribal air quality
codes and to assist in coordinating their air quality efforts with the respective
states. This was in addition to continuing regional support for the air quality
efforts that it undertook with tribes in FY 88.
The Office of Radiation Programs provided charcoal canisters and alpha
track detctors and technical assistance for radon surveys on Indian lands in
Nebraska, Iowa, North Dakota, South Dakota, New Mexico, Colorado and Utah.
Office of Water
The Office of Water published interim final regulations for grants to
tribes under Section 106 of the CWA. Headquarters and regional offices
coordinated their efforts and issued 14 grants to tribes for water quality
management activities.
The Office of Water and regional offices in Regions 4, 6, 9 and 10
deeveloped wastewater treatment pilot projects on Indian lands under Title II
of the CWA. The Region 4 project was funded in FY 88 and conducted in FY 89.
The other projects were funded and initiated in FY 89.
Region 6 awarded a direct implementation grant for underground
injection control.
Office of Solid Waste and Emergency Response
The Office of Emergency and Remedial Response developed and
distributed a booklet for tribal officials describing how tribes can participate
in EPA's programs under CERCLA. It is entitled "Hazardous Waste Releases on
Indian Land."
The Office of Solid Waste provided funding to regions for the
development of solid waste management plans for seven reservations.
The Office of Underground Storage Tanks continued its pilot projects in
Regions 8 and 9 to determine the most effective way of working with tribes to
prevent and respond to leaking underground storage tanks. Efforts in Region
8 indicated that the number of tanks in Indian lands may be significantly
larger than first thought.
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ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 89
PROGRAM HIGHLIGHTS FOR FY 89 (CON'T)
Region 6 entered into a pre-remedial cooperative agreement with the
Navajo Tribe for the evaluation of 33 sites in New Mexico. In addition, Region 6
gave the Navajo Tribe a Superfund core program development grant.
Office of Pesticides and Toxic Substances
The Office of Compliance Monitoring (OCM) provided funding to support pesticid
enforcement cooperative agreement programs on Indian reservations. Eight cooperal
agreement programs involving 15 tribes, were negotiated by the regions with tribes ar
tribal consortium (the InterTribal Council of Arizona [ITCA]) in Regions 8, 9, and 10. OC
provided funds, through Region 9, to ITCA to conduct a special enforcement project or
species on 8 reservations.
OPTS, incooperation with Region 9 and ITCA, conducted the EPA/Tribal Inspecto
workshop in Phoenix. The workshop provided three days of training for tribal pestici<
inspectors and other tribal representatives from Regions 8, 9, and 10. Twelve tribes w
enforcement cooperative agreements with EPA and 14 tribes which are not currently i
program were represented at the workshop.
Headdquarters funded a review of its Indian program implementation. The findi
study will be evaluated for action in FY 90.
Office of Federal Activities
The Office of Federal Activities provided funds for the first year of a
three-year training program that will teach tribes to identify and overcome
administrative and other barriers that hinder tribes from full participation in
environmental protection programs.
OFA underwent a reorganization and was assigned to the Office of
Enforcement upon the dissolution of the Office of External Affairs.
Region 8 sponsored a very well attended training session on "Working
Effectively with Tribal Governments" for regional manager and staff. Other
regions are considering the same kind of activity to sensitize their staffs to the
kinds of special issues that arise when working with tribal governments. A
similar training session was provided to members of the Senior Executive
Service in headquarters.
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ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS: FY 89
PROGRAM HIGHLIGHTS FOR FY 89 (CONT)
Communciation
The Agency continued to focus on tribal communciations. A formal EPA
Indian communciations plan was adopted and disseminated to tribal officials
and staff. As part of that plan, staff have been assigned to headquarters
program office and regional Indian workgroups. These individuals are
assigned the task of communcating with tribes on programmatic and day-to-
day issues.
In addition to day-to-day communcations, a concerted effort was made to
provide tribal representatives with training on environmental issues. Region
6 teamed up with the Indian Health Service in New Mexico to provide
wastewater treatment plant operator training. Two training sessions on
pesticide issues were held for tribal representatives by OPTS. OFA issued a
guide on training opportunities for tribes. The Office of Radiation funded
radon mitigation training in Region 5. And funds were committed to provide
training sessions on Title III of SARA and on environmental planning and
solid waste management planning. These sessions will take place in FY 90.
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FY 88 ENVIRONMENTAL ACTIVITIES ON INDIAN RESERVATIONS
REG
1
2
3
4
5
6
7
8
9
10
HQ
TOT
OAR
Exp.
30
87.9
9
695.5
174
38.1
27
1062
WY
0.3
1
0.1
0.1
0.9
0.2
0.5
1.2
4.3
CWA
Exp.
40
80
360
1273
270
126.1
111
2876
WY
0.1
0.4
0.3
2.9
0.7
0.2
0.7
1.5
2.5
3
12
SDWA-
UIC
Exp.
15
305.5
112.5
20
453
WY
0.1
0.5
0.4
22.5
0.3
2.7
0.3
0.5
27.3
SDWA-
PWSS
Exp.
9
48.2
47.2
10
40
115.2
37.8
307.4
WY
0.4
0.4
0.9
1.5
1
0.6
3
0.2
0.5
8.5
SDWA-
GWP
Exp.
75
75
WY
0.1
0.3
0.2
0.6
OPTS
Exp.
185.5
294.5
18
6
504
WY
0.1
0.2
1
0.8
0.5
2,6
RCRA
Exp.
55
110
189
105
35
25
519
WY
0.3
0.1
1.5
0.8
0.8
4.2
1
0.8
9.5
SARA/
CERCLA/
TITLE III
Exp.
47
15
465
200
269
25
6
1027
WY
1.2
0.1
1.2
2
0.4
1
5.9
OFA
Exp.
50
100
10
50
57
50
190.3
507.3
WY
0.2
0.7
0.3
3
1
1.2
1.8
4.4
1.5
2.7
16.8
OGC/ORC
Exp.
0
WY
0.1
0.1
0.1
0.7
0.3
1
0.5
0.8
1.2
4.8
TOTAL
Exp.
40
216
0
681.1
2209.7
20
1817.5
1140.8
950.9
254.3
7330.3
WY
0.6
3.9
1.2
10.6
28.3
2.8
11.8
14.6
7.9
10.9
92.6
WY = Workyear (rounded to the nearest 0.1)
Exp. = Expenditure ($1,000)
All figures are rounded to the nearest 0.1 workyear and the nearest $100.
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MATRIX
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EPA ACTIVITIES ON INDIAN RESERVATIONS : FY 89
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 pollution. The
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 primary responsibility
for the control and prevention of air pollution.
The EPA strategy to meet the requirements of the Act in the 1980s
focused on five major program goals. They were:
* Reduce the risk of exposure to air toxics.
* Achieve National Ambient Air Quality Standards (NAAQSs) set to
protect human health.
* Determine the policy alternatives and strategy options available to
address emerging issues.
* Increase the capacity and improve the effectiveness of state, tribal
and local air quality agencies.
* Develop and support programs to maintain improvements in air
quality.
The first three goals are directed at addressing major environmental
problems. They are listed in general order of national priority, based on
public health risk and feasibility of control. The order of these priorities may
vary from area to area depending on the relative health risks presented by
local pollution problems. The fourth and fifth goals are more programmatic
and cross-cutting in nature.
The national mandate to protect public health and the environment
from the adverse effects of radiation is also derived from the Clean Air Act, as
well as from several other statutes. There are two major program objectives
under the radiation program. They are:
* Reduce risk of exposure to unhealthful levels of radiation.
* Maintain comprehensive surveillance and effective emergency
response capabilities.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF AIR AND RADIATION - AIR PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS TYPE
PROGRAM
DESCRIPTION
Region 2
Region 5
$30.0
$38.0
$44.9
0.10
0.20
0.35
0.35
0.05
0.02
0.05
0.03
0.02
F/A
Outreach
F/A
F/A
T/A
Outreach
T/A
T/A
T/A
T/A
Funding to the St. Regis Mohawk
Tribe under Section 105 for air
quality monitoring. Source of
funds was OFA.
Sent copies of informative materials
to the Seneca Nation concerning
radon. Exploring the possibility of
entering into an agreement with
HUD to address radon corrective
measures.
Air assistance award provided
for a program to assess air quality
levels for the White Earth Reserva-
tion. Support provided for
monitoring acid precipitation, wood
burning and to analyze filters for
heavy metals and pesticides.
An air assistance agreement to the
Oneida, Menominee and Stockbridge
Munsee Community Tribes, in
consortium, for an air monitoring
program to assess air quality partici
late levels, pesticides, heavy metals,
and sulfur dioxide.
Technical assistance and guidance
to the Region 5 Indian Program
Coordinator for air grant-related
issues.
Review of proposal submitted by
North American Water Office to
conduct 3 seminars on acid rain.
Reviewed five progress reports for
four tribes' quarterly progress.
Reviewed FY 90 Air Program
guidance for two Region 5 tribes.
Reviewed laboratory report on
toxics for the White Earth Reserva-
tion.
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF AIR AND RADIATION - AIR PROGRAMS
OFFICE
FUNDING WORK
($0003 YEARS
TYPE
PROGRAM
DESCRIPTION
Region 6
Region 7
Region 8
$9.0
$517.0
$12.0
0.06
0.02
0.06
0.50
0.10
0.10
F/A
D/I
T/A
T/A
F/A
T/A
T/A
T/A
Contribution to Navajo air grant
which is managed by Region 9.
Inspection and follow up of port-
able rock crusher on Santa Ana and
Sandia land and of a coal prep-
aration plan on Navajo land.
Trained staff and coordinated
household radon survey carried
out by Albuquerque IHS for all
Indian lands in NM except Navajo.
Supported IHS in implementing
radon monitoring program
including training of radon
surveyors, data management and
survey design.
Provided grants to 9 reservations to
complete emissions inventories and
air quality climatology and to
progress toward the development of
air quality codes and regulations
for each reservation.
Air Programs Officer provided
training in handling and inter-
preting air quality data. Also
coordinated presentations of special
efforts and projects occurring on
reservations.
PSD permit applicability determina-
tion and modeling/monitoring
assessment in instances of a
proposal to locate a stationary
source on reservation land under
federal permitting authority
Air quality monitoring assistance
by the State of Montana, including
equipment servicing and location
selection. Coordination between
reservations and state program
activities for all Montana tribes
receiving air quality monitoring
grants.
10
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF AIR AND RADIATION - AIR PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 8
(cont.)
Region 9
Region 10
HQ
$66.5
$100.0
$174.0
$38.1
$7.0
0.20
0.20
0.20
0.10
0.01
0.06
0.10
0.25
T/A
F/A
T/A
F/A
T/A
D/I
D/I .
D/I
Outreach
D/I
Funded CERT to provide technical
assistance in developing tribal air
quality codes and regulations for
non-Montana tribes receiving CAA
Section 105 grants. Early stages of
regulation development include
CERT's efforts to coordinate the air
quality interest of each tribe and
appropriate state air officials.
Two reservations completed PM-10
monitoring; assisted in the
development of source control
plans for TIP.
Navajo Air Quality Project for
monitoring, inventory, modeling
training, and TIP development.
Program grant awarded to
Shoshone-Bannock Tribe.
Oversight of program grant to
Shoshone-Bannock Tribe.
Inspected plywood mill on Warm
Springs Reservation and
recommended improvements to air
pollution control facilities.
Processed Spokane Tribe PSD
redesignation to Class I status.
Provided information to tribes
regarding EPA air programs and
funding.
Conducted a review of data to deter-
mine the number of tribes that had
land in non-attainment counties.
11
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF AIR AND RADIATION - RADIATION PROGRAMS
OFFICE
FUNDING
($000)
WORK
YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
HQ/ORP/
Regions
6, 7&8
HQ/ORP/
Region 5
HQ/ORP
HQ/ORP &
Regional
Offices
$5.0
$15.0
$5.0
0.05
0.05
0.20
0.10
0.10
0.50
D/I
T/A
D/I
T/A
T/A
T/A
Developed and delivered a 3-day
hands-on radon mitigation training
course to tribal group.
Technical assistance and guidance
were provided to IHS, BIA, HUD, and
Region 5 Indian Coordinator on
radon issues.
1400 charcoal canisters and 200
alpha track detectors and technical
assistance provided for radon
surveys on Indian lands in NE, IA,
ND, SD, NM, CO, and UT.
Developed training for radon
measurement of homes on Indian
lands.
Provided radiation detection equip-
ment, reference materials and
training to Navajo for radiation
surveys.
Worked with Indian Coordinators
and IHS staff to provide information
and assistance to Indian tribes
concerning radon assessment and
mitigation techniques.
12
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
THE OFFICE OF WATER
The EPA together with state, tribal and local governments has
responsibility for water quality in three areas. The first is reducing pollution
of surface waters. The second is preventing contamination of groundwater
needed for human consumption. The final area concerns maintaining the
purity of drinking water. The EPA, states and tribes also implement programs
to protect general groundwater quality authorized under several different
statutes and described in EPA's 1984 groundwater strategy.
Authority to implement these programs comes from three major
statutes. They are:
Safe Drinking Water Act (SOWA)
Ensure that drinking waters are free from harmful contaminants,
protect groundwater from contamination by underground injection,
and support groundwater quality management initiatives.
Clean Water Act (CWA)
Restore and maintain the chemical, physical, and biological integrity
of the nation's waters.
Marine Protection. Research, and Sanctuaries Act (MPRSA)
Provide for the safe and effective disposal of dredged materials,
sewage sludge, hazardous waste, and other materials at sea. (This
statute does not directly relate to American Indian tribes or tribal
governmental authorities.)
The Groundwater Protection Strategy, though not a statute, supports the
development and implementation of groundwater protection programs. It also
provides a common policy basis for all EPA Groundwater Program activities.
The Safe Drinking Water Act and 1986 amendments establish four
programs through which the EPA is to fulfill its mandate of ensuring that
drinking waters are free from harmful contaminants. The first one is the
Public Water Supply Supervision Program (PWSS), which focuses on providing
safe drinking water to users of public water systems. The Underground
Injection Control Program (UIC) focuses on protection of groundwater
supplies that are or might be sources of drinking water from contamination
by the subsurface injection of fluids by well operators.
The Sole Source Aquifer Demonstration Program (SSAD) authorizes
funds to state, tribal or local political units to demonstrate unique groundwater
protection activities. The Welhead Protection Program (WHP) authorizes funds
to states and tribes to protect the area around public drinking water wells or
wellfields. It should be noted, however, that Congress did not appropriate
funds for these programs in FY 89.
13
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
THE OFFICE OF WATER (CONT)
The Clean Water Act provides a comprehensive structure for water
pollution control. The Act provides for (1) establishment of technology-based
and water quality-based controls for sources of pollutants; (2) state and tribal
water quality standards to protect water uses; (3) monitoring to assess water
conditions and trends; and (4) water quality management (WQM) planning to
analyze problems and design needed control measures.
The CWA accomplishes its purpose by creating a partnership between
EPA and the governments of the various states and tribes. It allows for state
and, under certain circumstances, tribal governments to develop water quality
standards. In addition, it creates specific programs to assist states and tribes in
funding pollution control activities in the areas of wastewater treatment,
clean lakes restoration, and non-point source pollution abatement.
14
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - CLEAN WATER ACT PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 1
Region 2
Region 4
Region 5
$40.0
$80.0
0.06
0.10
0.30
0.25
0.05
0.5
1.0
0.02
T/A
Outreach
T/A
D/I
F/A
T/A
T/A
D/I
Outreach
T/A
Outreach
Project with NEIWPCC to provide
outreach and technical assistance to
Indian tribes in New England.
Submitted documentation for two
projects from the Passamaquoddy
Tribe for inclusion on the national
priority project list for wastewater
facility construction grants.
Assisted the St. Regis Mohawk Tribe
and the Seneca Nation in identify-
ing wastewater treatment needs and
included their projects on the
national priority project list for
wastewater facility construction
grants.
Awarded a Section 106 grant to the
St. Regis Mohawk Tribe.
Conducted a stream study at the
Cherokee Reservation in NC for
establishing stream standards and
compliance activities.
Provided technical assistance to the
Seminole Indian Reservation in
Dade County, FL, concerning
operation and maintenance of their
WWTPs.
Five biological surveys at five
reservations to assess ambient
water quality using fish and
benthic macroinvertebrates
utilizing rapid assessment tech-
niques. This phase documents
baseline information from known
or suspected point and nonpoint
source influences.
Indian Program Coordinator served
as liaison among tribes, states, and
Water Division Staff. Coordinated/
planned workshops for SDWA/CWA
activities.
Conducted a biological criteria
conference which included Indian
interest topics such as inland lakes
and wetlands, biological criteria
development, Superfund, and
discussion groups.
15
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - CLEAN WATER ACT PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
(cont.)
0.01
$30.0
$240.0
T/A
0.15
0.12
0.05
0.70
0.01
0.15
0.10
0.01
0.01
Advised
T/A
Outreach
T/A
F/A
D/I
T/A
F/A
Outreach
T/A
epresentatives of Lac du
Flambeau Chippewa Indians on
study plan objectives for assessing
the impacts of a cranberry grower
on reservation lakes. Technical
assistance on selection of
appropriate numbers of samples for
a multi-media sampling scheme and
test methodology.
Technical assistance visits to 9
tribal facilities for evaluation
of lagoon/land treatment systems
with follow-up assistance.
Three combined EPA drinking/
wastewater workshops for tribal
personnel.
Awarded 104(g)(l) grant to
MN Rural Water Association to
provide direct onsite technical
training on administration,
construction, operation and NPDES
issues.
Implementation of the construction
grants set-aside program and set-
ting project priorities. Also aided
workgroup in finalizing procedures
and criteria.
Four NPDES permits were issued to
Indian tribes.
Visited all reservations to assess
needs for NPDES permits. All
sewage lagoon systems discharging
to surface waters were issued
permits.
Issued three lake water quality
assessment grants
Distribution of "Clean Lakes
Program Booklet." "Lake
Conservation Handbook," "Lake
Restoration Guidance Manual," and
"Guidance on Lake Water Quality
Assessment Grants" to all tribes.
Provided guidance in preparation
for clean lakes grant proposals.
16
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - CLEAN WATER ACT PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
(cont.)
Region 6
$90.0
$390.0
$40.0
$843.0
0.10
0.02
0.05
0.05
0.08
0.08
0.05
0.30
F/A
Outreach
F/A
T/A
Outreach
F/A
T/A
T/A
Outreach
Outreach
Awarded Section 106 grants to
the Oneida and Minnesota Chippewa
Tribes and the Red Cliff and Red
Lake Bands of Chippewa Indians.
Met with representatives of the
Cherokee Nation and the Cheyenne-
Arapaho Tribes to discuss their
applications for priority list
ranking for wastewater facility
construction grants.
Isleta Pueblo was elected for
funding as a model project for the
wastewater facility construction
grant program.
Entered into an IAG with the
Albuquerque Area IHS to provide
wastewater operator training to 19
Indian Pueblos and 2 Apache Tribes
in NM and two Ute Tribes in CO.
Documented approach and results
for use in developing Indian
operator training programs in
other areas.
Letter sent to all eligible tribes
reminding them of the deadline for
applying to the region for national
priority project listing for waste-
water facility construction grants.
Title II construction grant awarded
to Pojoaque Pueblo.
Technical assistance for develop-
ing WQSs for the Pueblos of Sandia,
San Juan and Isleta.
Developed a model WQS to be used
for discussion purposes for develop-
ing tribal water quality standards.
Prepared FY 90 priorities letter for
Indian water quality management
program.
Prepared address list for mailing of
EPA's FY 90 Operating Guidance.
Transmitted information to tribes as
requested.
17
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - CLEAN WATER ACT PROGRAMS
OFFICE
FUNDING WORK
L$000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 6
(cont.)
Region 7
Region 8
Region 9
$230.0
$40.0
$80.0
$46.1
0.02
0.10
0.05
0.05
0.04
0.50
0.10
0.08
0.4S
0.10
0.25
T/A
T/A
T/A
Outreach
T/A
F/A
T/A
F/A
T/A
F/A
n/T
Outreach
F/A
Assisted Indian tribes with applica-
tion and eligibility requirements
for Section 106 grants. Meetings
with Sandia, San Ildefonso, Taos,
Santa Domingo, and Pojoaque
Pueblos and the eight Northern
Indian Pueblos' Council.
Promoted construction grants
Indian set-aside program on Indian
reservations including assessing
wastewater needs and assisting
tribes in preparing grant
applications.
Assisted tribes in preparing grant
applications for the Section 106
water quality management pro-
gram.
Meetings, workshops, and
correspondence with tribes
for priority ranking of construc-
tion grants projects.
IHS, St. Stephens School and
Arapahoe and Shoshone tribal
personnel clarified owner-
ship and accountability issues for
wastewater treatment facilities.
Water quality management and
planning including assessment,
monitoring, data analysis, ground-
water and nonpoint pollution.
Lake water quality assessment
grants and technical assistance.
Clean lakes grant funding awarded
to Pyramid Lake Paiute Tribe
from the NV Division of
Environmental Protection as part of
an EPA clean lakes grant.
Reviewed "treatment as a state"
applications from 15 tribes.
Provided information via
workshops on water quality
management planning for AZ tribes
and the Inter-Tribal Council of AZ.
Construction grant awarded to
Yiru:»~ \f »_:_ A u~ T>_;I-- r>__
planning and design of a
wastewater treatment facility.
18
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - CLEAN WATER ACT PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(cont.)
Region 10
$32.0
$550.0
$125.0
0.25
0.10
0.30
0.05
0.01
0.02
0.60
0.20
0.30
0.30
F/A
D/I
T/A
T/A
F/A
D/I
D/I
D/I
F/A
D/I
F/A
D/I
Reviewed applications submitted
for the wastewater facility
construction grants program.
Assisted in negotiations with the
Pyramid Lake Paiute Tribe, the NV
Division of Environmental Protec-
tion, and the Cities of Reno and
Sparks to resolve Truckee River
water quality issues.
NPDES permits issued on Indian
lands:
NTUA (Kinlichee)
NTUA (Chinle)
NTUA (Kayenta)
NTUA (Tuba City)
NTUA (Many Farms)
BIA (TEEL)
BIA (Hunters Point)
BIA (Pine Springs)
BIA (Pine Springs)
Assisted the Nez Perce Tribe in de-
veloping water quality standards.
Assisted other tribes in developing
water quality standards.
Awarded 104(b)(3) grant to the
Confederated Colville Tribes for
water enforcement.
Issued Section 402 permits for
Sand Point and Tyonek Alaska
Native Villages and the Nome
Eskimo Community. Reviewed
301(h) waivers.
Prepared NPDES permit and
inspected lagoon at the Warm
Springs Reservation.
Model construction grant to Tulalip
Tribe. Oversight and planning/
design for this project.
Model construction grant to the
Alaska Native Village of Huslia.
Oversight and planning/design
for this project.
19
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - CLEAN WATER ACT PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 10
(cont.)
H5
$20.0
0.20
0.10
0.25
0.02
0.02
0.01
0.03
0.01
0.25
0.03
0.02
0.05
3.0
D/I
D/I
F/A
T/A
Outreach
Outreach
D/I
F/A
Outreach
Outreach
D/I
Outreach
Outreach
D/I
Outreach
Assisted Spokane Tribe concerning
closure of the Dawn Uranium Mine
site.
Participated in program and priori-
ty list development for the Title II
Indian set-aside program.
Awarded Section 106 grant to
Swinomish Tribe.
Conducted pre-award activities with
tribes slated to receive Section 106
funding.
Advised tribes on program/funding
for clean lakes.
Provided information on EPA's non-
point source programs to Indian
tribes.
Administered construction grants
to the Swinomish and Shoshone-
Bannock Tribes, and the Nome
Eskimo Community.
Developed proposal to provide
financial management assistance to
Alaska native villages.
Informed tribes of wastewater
treatment facility funding avail-
able from EPA.
Visited Alaska native villages
regarding the Title II Indian set-
aside program.
Assisted Confederated Colville Tribes
in promulgation of tribal water
quality standards.
Ongoing communication with
Columbia River Inter-Tribal Fish
nnmmissinn rp.aarHino state water
quality standards.
Informed tribes of water
quality standards developments and
issues and Section 106 grant
funding issues.
Development of Indian regulations
for the CWA and associated consul-
tation with tribes.
20
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EPA ACTIVITIES ON INDIAN RESERVATIONS FY 89
OFFICE OF WATER - SAFE DRINKING WATER PROGRAMS - UIC
OFFICE
Region 1
Region 2
Region 5
Region 6
FUNDING WORK PROGRAM
($000) YEARS TYPE DESCRIPTION
$15.0
0.05
0.10
0.20
0.10
0.10
0.25
0.10
0.50
0.65
0.33
T/A
Outreach
D/I
D/I
T/A
T/A
D/I
T/A
Outreach
Outreach
Outreach
Provided information as needed to
NE Indian tribes about UIC Program.
Administered the UIC program for
the Seneca Nations.
Administered the new SDWA amend-
ments for the St. Regis Mohawk .
Tribe and the Seneca Nation.
Provided technical assistance to
the Seneca Nation for inspection of
Class II wells.
Provided technical assistance to
the Seneca Nation and the St. Regis
Mohawk Tribe on UIC program
delegation.
An IAG with IHS to assist in direct
implementation by providing an
inventory of UIC wells emphasizing
Class V.
Provided training on injection
wells to IHS field personnel and
tribal staff.
Developed UIC regulations for
the remaining OK and NM Indian
lands, including all Ute Mountain
Ute and Navajo lands. Coordinated
with Regions 8 and 9, the Bureau of
Land Management and the BIA in
development of a MOU to implement
the above UIC regulations.
Coordinated the development and
implementation of the programs.
Participated on OW Indian
Workgroup and reviewed,
commented and participated in
meetings regarding Indian primacy
regulations.
Conducted 2 seminars for tribes,
well owners, and operators on the
new regulations.
Met with leaders of the Ute
Mountain Ute and Jicarilla Apache
Tribes in New Mexico and 13 tribal
representatives in OK to determine
UIC D/I procedures and require-
ments for EPA assistance.
21
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EPA ACTIVITIES ON INDIAN RESERVATIONS FY 89
OFFICE OF WATER - SAFE DRINKING WATER PROGRAMS - UIC
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 6
(cont.)
Region 7
Region 8
Region 10
H}
$91.9
$213.6
$107.0
$1.0
$0.5
$4.0
$20.0
21.0
0.25
2.0
0.05
0.05
0.50
0.05
0.05
0.20
0.50
F/A
F/A
D/I
D/I
T/A
Outreach
D/I
D/I
D/I
T/A
D/I
Outreach
Awarded grant to Navajo Tribe for
UIC direct implementation
activities.
Awarded grant to Osage Tribe for
UIC direct implementation
activities.
Staff implemented regulations
for UIC on Indian lands, as
necessary.
Continued direct implementation
and aquifer protection activities on
MT, UT, WY and CO Indian lands.
Participated in HQ IWG developing
primacy guidance package.
Assistance provided to well
operators to help protect tribal
aquifers. Support to Indian tribes
and regional IWG.
Discussions with Wind River Tribes
regarding primacy.
Coordinated with regions and tribes
on Navajo and Ute Mt. regarding
implementation of program.
Developed a strategy to identify
and set priorities for Class V wells
on Region 8 Indian lands.
Took inventory of UIC wells on
Indian lands in WA.
Met with tribes to discuss UIC
primacy issues.
Development of Indian UIC regula-
tions and associated outreach to
tribes.
22
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - SAFE DRINKING WATER PROGRAMS - PWSS
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 2
Region 4
Region 5
$9.0
$5.0
$38.0
$4.6
$0.60
0.10
0.30
0.30
0.10
0.25
0.50
0.10
0.01
0.02
F/A
T/A
D/I
T/A
D/I
D/I
T/A
Outreach
T/A
D/I
Provided funds to the Seneca Nation
and the St. Regis Mohawk Tribe for
PWS monitoring, testing and train-
ing.
Provided direct technical assistance
to the St. Regis Mohawk Tribe and
the Seneca Nation of Indians for
their PWSs.
Sanitary surveys of all the drink-
ing water systems on the four
reservations were conducted.
Provided funds for VOC sampling
through grant from ODW.
Direct technical assistance to the
four tribes on their PWSs.
Sanitary surveys were conducted at
PWSs by the MRWA circuit rider.
Radiological and inorganic chemi-
cals were collected.
Contracted labs to analyze samples
from the sanitary surveys. Fifty-
one (51) PWSs targeted for Radium
226-228 analyses.
Grant to MRWA Circuit Rider. Pro-
vided technical assistance related
to operation and maintenance of
community systems on 29 reserva-
tions.
Outreach activities included the
publication of "Community Water
Systems O&M Service line" and an
SDWA workshop.
Provided T/A to the Minnesota
Chippewa Tribe in developing its
laboratory capability to meet EPA
certification for nitrates and micro-
biological analyses.
Evaluated and certified Minnesota
Chippewa Tribe's laboratory to
analyze PWS samples for nitrates
and coliforms.
23
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EPA ACTIVITIES ON INDIAN RESERVATIONS FY 89
OFFICE OF WATER - SAFE DRINKING WATER PROGRAMS - PWSS
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
(cont.)
Region 6
Region 7
$22.2
$1.0
$24.0
$7.9
0.04
0.60
0.10
0.20
0.40
0.10
0.65
T/A
D/I
D/I
Outrea.ch
T/A
T/A
T/A
TA was provided to the Minnesota
Chippewa in reviewing technical
specifications for selection . :"
instrumentation to conduct PWS
metals analysis and to conduct
mercury analysis of fish flesh.
Equipment has been purchased and
is in the process of being put "on-
line."
Implementation of drinking water
regulations on Apache and pueblo
lands in New Mexico. Funding for
laboratory analysis of samples
required by SDWA awarded.
Follow-up work onVOC survey of
all Apache and pueblo public water
supply wells in New Mexico. EPA
regional laboratory supplied
laboratory resources.
Assistance provided to Indian
training sessions on an update of
EPA regulations and other
technical information.
Through an IAG with IHS, training
was provided for water operators to
ensure compliance with the SDWA.
Assistance also was provided to help
tribes form utility authorities that
will develop ordinances and fee
systems, and to help tribes cope
with operator turnover situations.
Reviewed "treatment as a state"
applications.
IAG with IHS Aberdeen Area for
(1) two studies of lead in water in
homes on the Sac and Fox -and the
Winnebago Reservations, (2) test-
0 c r o .. _, _.«,.
for certification, and (3) manage-
ment training for tribal managers,
council members, utilities directors
and tribal planners.
24
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM ($000) WORK
HEADING FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 7
(cont.)
Region 8
Region 9
$2.1
$35.0
$5.0
$15.0'
$15.0
0.33
0.02
0.50
0.05
D/I
D/I
T/A
T/A
D/I
D/I
D/I
D/I
T/A
T/A
Indian Lands Coordinator and state
staff visited tribal PWSs to discuss
the SDWA requirements and to per-
form sanitary surveys. Met with
IHS and BIA staff, and attended a
workshop for tribal staff.
Regional Counsel reviewed regula-
tions and documents prepared for
tribes.
O&M training for Indian water sys-
tem operators through the AWWA oi
SD using a trainer traveling to
reservations to conduct hands-on
training.
Continued SDWA training to tribal
council members and utility
managers through IAG with IHS.
Continued tracking, monitoring
and compliance activities for water
systems, including surveys.
Updated inventories on facility
conditions and T/A needs through
performance of sanitary surveys on
Indian lands.
Cooperative agreement with NTUA
for the continuation of an O&M
training program for operators of
water systems owned, operated and
maintained by NTUA. The program
grant included the development of
videotapes for use in classroom in-
struction, purchase of video-related
equipment, etc.
Cooperative agreement with Navajo
PWSS program to implement parts
of the PWSS program including
surveys, case-by-case follow-up on
reported violations, and systems
visits to promote O&M.
Continuation of cooperative agree-
ment with the Tohono O'Odham for
costs associated with tribal assist-
ance to EPA in implementing
portions of the PWSS program.
$15,000 awarded in FY 88.
25
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM ($000) WORK
HEADING FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(cont.)
$24.0
$30.0
$20.0
$5.0
$1.5
3.0 For
all PWSS
projects
noted
above.
T/A
D/I
T/A
D/I
T/A
D/I -
T/A
T/A
Outreach
T/A
D/T
D/I
D/I
Grant to SCTCA for operator train-
ing and utility district formation.
(Prior year funding.)
Logging & tracking data collected
from over 450 PWSs on Indian
lands.
Continued IAG with IHS CA Area
Office for operator training.
(Prior year funding.)
Developed computer information
system for tracking water
quality monitoring results and
inventory data for Indian PWSs.
Continuation of IAG with IHS CA
Area Office for O&M advocate/
circuit rider position. Provided
hands-on training and support for
operators in isolated rural commun-
ities in northern CA.
Performed sanitary surveys and
inspections of PWSs on Indian
lands in CA, NV, and AZ.
IAG with IHS to partially fund an
O&M coordinator for western
Arizona; provided for increased
emphasis on O&M aspects of water
supply and wastewater treatment
facilities.
Revised and reprinted flyer to
inform homeowners about water
treatment facilities.
Worked with tribes applying for
"treatment as a state" in developing
approvable applications.
Worked with IHS, tribes and
affected counties along the CA side
of the Colorado River to resolve
jurisdiciionai issues for regulating
PWSs on tribal lands.
Directed implementation of SDWA
on Indian lands, including
administrative enforcement, T/A,
and supervision.
A contract to a lab to analyze water
samples collected by IHS and EPA
26
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - SAFE DRINKING WATER PROGRAMS - PWSS
PROGRAM ($000) WORK
HEADING FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(cont.)
Region 10
H3
$4.7
$37.8
0.10
0.05
0.50
D/I
F/A
T/A
D/I
Outreach
Provided analytical support for
pesticide/herbicide analysis of
several surface water systems.
Co-sponsored Indian PWS operator
training program with IHS.
Met with tribes to discuss primacy
issues.
Development of Indian SDWA regu-
lations and associated outreach to
tribes.
27
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF WATER - GROUND WATER PROGRAMS
PROGRAM ($000) WORK
HEADING FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 1
Region 8
Region 10
$50.0*
$25.0
0.05
0.01
0.30
0.004
0.008
0.06
0.10
T/A
Outreach
T/A
F/A
F/A
Outreach
Outreach
D/I
T/A
Provided information to northeast
Indian tribes about the Wellhead
Protection Program.
Reviewed federally financed
projects with the potential for
contaminating groundwater on
the Narragansett Indian Tribe's
lands.
Grant to the Turtle Mountain Reser-
vation to develop a risk-based
environmental information system
to use for developing priorities for
pollution reduction and prevention.
Project has been expanded to
include input of data and informa-
tion about two potential Superfund
sites on the reservation. *Funding
provided by the Office of Policy,
Planning and Evaluation.
Hired a contractor to complete
training and development of part
of the Turtle Mountain environ-
mental information system.
Met with Swinomish tribe to discuss
a Section 106 grant.
Met with the Yakima Tribe
concerning sole source aquifer and
wellhead protection programs.
Tulalip sole source aquifer desig-
nation process.
Assisted in review of quality assur-
ance project plan, safety plan and
sampling program for petroleum
release cleanup activities on Warm
Springs Reservation.
28
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
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 (FIFRA), the Federal
Food, Drug and Cosmetic Act (FFDCA), the Toxic Substances Control Act (TSCA),
the Asbestos Hazard Emergency Response Act (AHERA), the Asbestos Schools
Hazard Abatement Act (ASHAA), and Title III of the Superfund Amendments
and Reauthorization Act (SARA)..
These authorizations recognize the need for protecting human health
and the environment from harmful chemicals. They form the basis of the
OPTS program activities on Indian lands.
Programs under ASHAA and AHERA focus on the elimination of asbestos
in schools and public buildings as an existing chemical risk/hazard while
other potential risks from new and existing chemicals (including pesticides)
are identified, assessed, and managed under TSCA, FIFRA, and the Emergency
Planning/Community Right to Know Act (Title III of SARA). This broad
coverage enables EPA to take a variety of regulatory actions which impact on
the manufacture, distribution in commerce, processing, use and disposal of
chemical substances for the public good. To date, the states, regions, and EPA
have collectively focused on achieving environmental results through federal
assistance (e.g., asbestos abatement and enforcement grants) and outreach
(e.g., training, seminars, etc.)
29
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICEQF PESTICIDES AND TOXIC SUBSTANCES
PROGRAM ($000) WORK
HEADING FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 5
Region 6
Region 8
i
$125.5
0.02
0.03
0.20
0.02
0.20
Outreach
T/A
T/A
Outreach
T/A
D/I
F/A
T/A
School asbestos inspection, assess-
ment and management of
buildings. (AHERA regulations
for schools.)
Background information packet
for FIFRA grant guidance for the
Oneida and other interested
Region 5 tribes.
Conducted a pesticides seminar to
facilitate information exchange
between states, region and tribes
in Region 5 on groundwater
issues.
Coordination and oversight of
grant awarded by HQ to BIA to
administer and subsidize the
asbestos inspection and manage-
ment plan development program
under AHERA for all Indian
schools in the U.S.
Met with Laguna Pueblo repre-
sentatives concerning a TSCA
enforcement action against a
pipeline company for contamina-
tion of Indian lands.
There are five pesticide coopera-
tive enforcement agreements
active in the region with the
Cheyenne River, Lower Brule,
Pine Ridge Oglala and Rosebud
Sioux Tribes and Three Affiliated
Tribes at Ft. Berthold. They pro-
vide for pesticide enforcement of
FIFRA and tribal pesticide
ordinances.
Inspector training, program
information, joint enforcement as
requested.
30
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
PROGRAM ($000) WORK
HEADING FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 8
(cont.)
Region 9
$60.0
$74.5
$140.0
$30.0
0.30
0.50
0.25
0.50
T/A
D/I
T/A
F/A
F/A
T/A
F/A
T/A
Program oversight, pesticide use
and technical assistance. Efforts
are under way to achieve tribal/
state/EPA coordination. Enforce-
ment training involves pesticide
problem identification.
Pesticide enforcement on several
reservations.
A national Indian tribal certifi-
cation and training workshop to
discuss pesticide program initia-
tives and detailed instructions for
development and administration
of certification and training
programs.
Two certification plans have
been submitted for approval and
Federal Register publication.
Tribes submitting plans were the
Rosebud Sioux and the Cheyenne
River Sioux.
Grant to Navajo Nation to enable
the tribe to enforce FIFRA and
conduct a pesticide outreach
program on the reservation.
Grant to Inter-Tribal Council of
Arizona on pesticide issues
including enforcement of FIFRA
and tribal pesticide ordinances,
and to provide technical assist-
ance. Tribes which are included
in this effort are the Gila River
and the Salt River Pima-
Maricopa, Cocopah, Quechan, Ak
Chin, Colorado River, Fort
Mohave and Tohono O'Odham.
Grant to the Inter-Tribal Council
of Arizona to coordinate a FIFRA
tribal inspectors' training
workshop, which was held in
March 1989 and which was
attended by tribal representa-
tives from reservations in EPA
Regions 8, 9 and 10
31
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
PROGRAM ($000) WORK
HEADING FUNDING YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(cont.)
Region 10
HQ-ASHAA
HQ-OPTS
$50.0
$18.0
$6.0
0.05
0.20
0.25
0.02
0.05
F/A
D/I
F/A
D/I
D/I
Outreach
Outreach
T/A
T/A
Funding for Inter-Tribal Council
of Arizona to conduct a 2-year
special project on endangered
species that will include 8 of the
reservations in AZ.
Working with Shoshone-Bannock
Tribes in pesticides enforcement,
code development, training,
disposal policies, safety programs
and in development of an IAG.
Pesticide enforcement grant to
Shoshone-Bannock Tribes to
assist with implementation of
the tribal pesticide code and
certification programs.
Work with Shoshone-Bannock
Tribes to help develop and
implement a penalty matrix and
enforcement response policy.
Investigation and inspection of
Rockford Grain Growers at the
request of the Coeur D'Alene
Tribe.
Continue to train tribal
inspectors and oversee the
permit program. Participation
in national pesticide training
program for tribes.
HQ personnel met with BIA
officials regarding the AS HA A
loan and grant program and
assisted the Bureau with the
application process.
AA/OPTS funded a review of
Indian program implementation
and options for revised strategies,
OPTS mailed SARA Title III
section 313 information to Indian
libraries in order to increase
public awareness of manufac-
turing facility emissions into
the environment and to
encourage access and use of this
data for planning purposes.
32
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
THE OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
The programs administered by the Office of Solid Waste and Emergency
Response (OSWER) are authorized by the Resource Conservation and Recovery
Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984
(HSWA), and the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (SARA).
EPA's goal in these areas is to protect human health and the
environment by addressing hazardous substance emergencies and to address
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; and to promote community
awareness of chemical hazards and to develop state, tribal and local
capabilities for preventing and responding to chemical accidents and
emergencies.
In FY 1989, the Office of Solid Waste's (OSW) greatest challenge in
implementing the EPA Indian Policy involved efforts to provide technical
assistance to Indian tribes for the implementation of Subtitle D (solid waste) in
Indian Country. Toward this end, OSW has been working to provide funding to
Indian tribes for technical training and to develop solid waste management
plans.
In addition to this work, OSW has continued to evaluate statutory and
regulatory issues regarding implementation of Subtitles C (hazardous waste)
and D (solid waste) of RCRA in Indian Country. As part of this evaluation, OSW
has included recommendations regarding statutory changes to RCRA as it
pertains to Indian lands in its Report to Congress on Solid Waste Management
in the United States. Recommendations included: (1) changing the statutory
definition of Indian tribes (currently included under the municipality
definition) to treat tribes as states similar to the language included in the Safe
Drinking Water Act; and, (2) encouraging greater communication and
coordination among the EPA, the Indian Health Service (IHS), the Bureau of
Indian Affairs (BIA), and the Department of Housing and Urban Development
(HUD).
The Office of Underground Storage Tanks (OUST) continued its efforts to
assess the extent of human health and environmental problems caused by
underground storage tanks (UST) on Indian lands. During FY 1989, OUST
funded pilot projects in Regions 8 and 9 that provided outreach and
compliance assistance, monitored compliance, and facilitated remediation
efforts. OUST also began work on a draft interim guidance on conducting
emergency federal-lead UST corrective actions for petroleum releases on
Indian lands.
33
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
THE OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE (CONT)
The Office of Emergency and Remedial Response (OERR) was involved in
the design of Indian identifiers for the Comprehensive Environmental
Response, Compensation and Liability Information System (CERCLIS) during
FY 1989. These identifiers are significant as they represent the first step in
any emergency or remedial action under CERCLA. A booklet entitled
"Hazardous Waste Releases on Indian Land," providing specific information on
the site discovery process and general information on Superfund, was
produced by OERR.
The Chemical Emergency Preparedness and Prevention Office (CEPPO)
provides training services through the Superfund Amendments and
Reauthorization Act (SARA) Title III. It has developed and published a
proposed rule on the treatment of Indian tribes as states for purposes of Title
III.
The Office of Waste Programs Enforcement (OWPE) provides technical
support to the regional offices concerning enforcement issues on Indian
lands. OWPE and the other OSWER program offices provided background
materials and briefing issues in preparation for the Agency's testimony
before the Senate Select Committee on Indian Affairs.
34
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS TYPE
PROGRAM
DESCRIPTION
Region 2
Region 4
Region 5
Region 6
$25.0
$30.0
$50.0
0.10
0.10
0.05
0.05
0.10
1.0
0.20
0.05
0.10
0.02
0.08
Outreach
Outreach
Outreach
T/A
T/A
T/A
Outreach
T/A
D/I
D/I
T/A
F/A
Met with the Seneca Nation con-
cerning a proposal to site a waste-
to-energy facility on its lands.
Analyzed grant funding and
technical assistance available to
Indian tribes in Region 2; present-
ed the results to the St. Regis
Mohawk Tribe.
Made a presentation at a national
tribal water meeting in Denver, CO,
concerning the Region 2/St. Regis
Mohawk Tribal cooperative agree-
ment.
Consulted with the Cherokee Indian
Tribe regarding proposed changes
to RCRA and implications for solid
waste landfills on tribal lands.
RCRA/Superfund/UST division
level program coordination.
Pilot project with Menominee Tribe
and negotiations on RCRA
implementation.
Training and technical assistance
on developing solid waste plans and
feasibility studies.
Training on landfill operations and
groundwater contamination. Direct
technical assistance on resolving
a landfill methane problem.
Compiled list of all known RCRA
notifiers on Indian lands. Sche-
duled and conducted inspections.
Technical assistance grant to help
Menominee fulfill pilot project and
develop hazardous waste and other
environmental regulations.
Processing grant applications for
Northeast Oklahoma Solid Waste
Advisory Committee to collect data
on solid waste disposal systems to
meet present and future needs in
the NE Oklahoma region. The
Committee includes members of
the Cherokee Nation.
35
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICELOF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS
OFFICE
FUNDING WORK
f$000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 6
(cont.)
$60.0*
0.25
0.05
0.02
0.01
0.20
0.04
D/I
T/A
D/I
T/A
D/I
D/I
Initiated work to identify the poten-
tial RCRA universe on Region 6
Indian lands. * $15,000 of FY 89
regional funds used to augment an
existing contract for the project.
Arranged for basic safety training
to be provided to inspectors of the
Navajo Environmental Protection
Administration. Provided "mini-
course" on RCRA inspections of
hazardous waste generators and
provided on-the-job training
during inspection of a RCRA-
regulated facility on Navajo land.
Conducted a RCRA compliance
evaluation inspection at the Four
Corners Power Plant on Navajo
land in New Mexico.
Met with representatives of the
Ponca Tribe to provide technical
guidance and regulatory interpre-
tation related to a proposed waste-
to-energy facility on tribal lands in
Marland.OK.
RCRA enforcement and permit staff
provided technical support and
consultation to Laguna Pueblo re-
presentatives to correct problems
from a hazardous waste release.
Response to a special request from
the Navajo Nation for information
relative to tribal development of an
UST program effort and tribal
designation as an UST implemen-
ting agency.
Examination of issues regarding
implementation of Subtitle -I (UST)
activities on all Region 6 Indian
lands, and specific issues relative to
Navajo Reservation lands in Region
6. Efforts coordinated by UST staff
with existing CERCLA program staff
and Regional Indian Coordinator to
determine feasibility of adding UST
program development activities as
pan of a planned Navajc hazardous
waste management program.
36
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 6
(cont.)
Region 8
$20.0
$32.0
0.02
0.01
0.02
0.02
0.04
0.05
0.05
D/I
T/A
D/I
D/I
D/I
T/A
T/A
F/A
Development of UST information
materials for presentation to Navajo
tribal leaders and staff in response
to a request from the Tribal
Chairman. Development of
recommendations for possible
program alternatives.
On-site meeting with Navajo staff to
explain total UST program concept
and to discuss necessary legal tribal
authorities for a program with the
Navajo Department of Justice.
Receipt of, and response to, leaking
tank incident on Navajo Reser-
vation lands in Region 6. Region
assumed responsibility for over-
sight of responsible party investi-
gation and corrective action at the
site.
General oversight of UST
problems on Indian lands.
Development of a regional Indian
tank notification data base;
provision of UST regulations; in-
formation to all tribal governments
in the region; continuing develop-
ment of data requests and reporting
formats for establishment of cen-
tral notification files.
Contractor support to develop
and implement a final solid waste
landfill operational plan to include
reservation-wide solid waste
routing and collection utilized by
the Blackfeet Tribe of Montana, the
town of Browning, MT., Glacier
National Park, and Glacier County,
MT.
IAG with IMS in Phoenix, AZ, to hire
a contractor to compile and develop
a Uintah and Ouray Reservation-
wide solid waste management study
and landfill operations plan. Plan
will include a system to manage
solid wastes generated by communi-
ties near the reservations.
37
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 8
(cont.)
Region 9
$25.0
$10.0
$50.0
$2.0
$50.0
$45.0
0.05
0.10
0.05
0.40
0.08
1.0
1.0
Outreach
Outreach
T/A
F/A
D/I
D/I
D/I
T/A
TA
D/I
Outreach
Provide assistance and/or guidance
to Northern Cheyenne Tribe and
its consultant on the feasibility
of setting up a tribally run reuse,
recovery and source reduction/
separation plant. Tribe may be
eligible for municiple solid
waste program "seed" funds for
development of a pilot program to
recycle materials from reservation
wastes.
Overall solid waste coordination on
Indian lands including program
oversight, technical assistance,
program information, and compli-
ance statistics. Coordination activi-
ties always include involvement,
cooperation, and assistance from
IMS, BIA, HUD, and individual
states.
Contractor support to develop
solid waste management plan and
acquire block grant ($100,000) for
Corson County, SD, for development
of a reservation-wide routing and
collection system for Standing Rock
Sioux Tribe of North/South Dakota.
Funding to support the development
of a feasibility study of solid waste
management options and prelimi-
nary development of a solid waste
management plan for Fort Belknap.
CERT inventory of USTs.
Site assessments at leaking USTs.
Training of tribal members in UST
related work.
Indian Lands Solid Waste Liaison to
assist tribes in Region 9 in solving
solid waste management problems
and complying with federal
standards.
Pilot project to assess the extent of
UST-related human health and en-
vironmental problems on Indian
lands. An agreement with IHS in
Phoenix, AZ, provides a uiituii iluci
for EPA Region 9 under this pilot
project.
38
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(cont.)
$25.0
0.10
0.20
0.17
0.06
0.25
0.12
0.50
0.30
0.05
Outreach
Outreach
D/I
D/I
D/I
D/I
D/I
D/I
T/A
Three workshops and informational
meetings held for tribes, IHS, and
BIA on the final federal UST
regulations.
Seven tribal profiles completed to
determine the extent of UST prob-
lems and tribal capabilities. Tribal
UST notifications are being main-
tained, updated and entered into
an EPA data base.
Four RCRA compliance, closure,
certification, or complaint inspec-
tions on the Navajo Nation and the
Gila River Reservation.
Two additional RCRA compliance/
complaint inspections (Navajo and
Gila River).
Reviewed inspection reports of
RCRA handlers on Indian lands in
Arizona (17 total). Issued 6 warning
letters to facilities with suspected
RCRA violations. Coordinated with
appropriate tribal environmental
personnel to verify compliance
status.
Issued 3008(a) order to illegal
storage and disposal facility on the
Gila River Reservation.
Conducted oversight of compliance
activities for three facilities on the
Gila River Reservation under cor-
rective action final orders.
Issued two 3008(a) orders to facili-
ties with major violations.
Provided support to the Rincon
Reservation in S. Calif, to gather
information on current solid waste
management practices, develop
ordinances to control solid waste,
and develop a plan to eliminate
unauthorized dumping, control
hazardous waste disposal and
provide training for landfill
operation and maintenance.
39
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(cont.)
Region 10
$35.0
$35.0
0.40
0.05
0.05
0.60
0.02
0.01
0.05
0.01
0.01
0.02*
0.20
T/A
D/I
T/A
Outreach
D/I
F/A
Outreach
Outreach
Outreach
Outreach
T/A
T/A
Oversaw twelve LUST cleanups;
oversaw reported installations and
closures when feasible; responded
to oral/written UST inquiries;
prepared a final report with
recommendations for FY 90.
Provided assistance to the Pyramid
Lake Paiute Reservation to assess
current solid waste management
and to prepare and develop a solid
waste management plan and
program.
Responded to tribal concerns about
RCRA implementation on Indian
lands.
Compliance and permitting activi-
ties at RCRA facilities on reservat-
ions, primarily the Puyallup.
IAG with IHS to address solid waste
management issues on the Makah
Reservation.
Provided information on RCRA
Subtitle C to the Confederated Tribes
of the Warm Springs Reservation.
Responded to tribal questions about
RCRA Subtitle D implementation on
Indian lands and possible funding.
Presentations to IHS and BIA
concerning the emerging EPA solid
waste program.
Conducted speaking engagements
concerning UST/LUST program at
regional tribal meetings and with
IHS personnel.
Mailing to owners/operators of
USTs on Indian lands and to tribal
coordinators discussing the updated
federal UST requirements.
Developed database and processed
UST notification forms.
40
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - RCRA PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS TYPE
PROGRAM
DESCRIPTION
HQ/OWPE
HQ/OSW
HQ/OUST
HQ/AAs
Office
$25.0
0.02
0.50
0.10
0.10
0.04
D/I
T/A
D/I
D/I
D/I
D/I
Provided guidance to Region 8
on Turtle Mountain Manufacturing
Co. and prepared briefing paper for
Senate Select Committee on Indian
Affairs.
Awarded grant to NCAI for (5) one-
day solid waste training sessions.
Participation in Indian Work Group;
coordination of funds; preparation
of Congressional briefings and
meetings with tribal leaders.
Developed "Draft Interim Guidance
on Conducting Emergency Federal-
Lead UST Corrective Actions for
Petroleum Releases on Indian
Lands."
General program coordination with
OFA, OGC, other OSWER offices and
regional offices.
OSWER Indian Program Coordi-
nation.
41
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - CERCLA/SARA PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS
TYPEE
PROGRAM
DESCRIPTION
Region 2
Region 5
Region 6
$10.0*
$47.0
$15.0
$200.0
$250.0
0.50
0.20
0.20
0.25
0.01
0.05
0.10
0.10
Outreach
T/A
D/I
F/A
T/A
F/A
Outreach
Outreach
F/A
F/A
Maintained close liaison with and
provided legal and technical
ass. j.ance to the St. Regis Mohawk
Tribe on the remedial investiga-
tion/feasibility study for the GM
Central Foundry Superfund site
which borders on the reservation.
Maintained liaison with the
Tuscarora Tribe, and assisted in an
enforcement action on Seneca Na-
tion lands for oil spills under
CERCLA/SARA and the CWA.
Provided the St. Regis M<. iawk
Tribe with funding and technical
assistance to conduct studies on
impacts to its nai! ~al resources due
to the GM Centra. Foundry Super-
fund site. * Funding source OFA.
Awarded a CERCLA technical assis-
tance grant to the Akwesasne
Environmental Task Force for TA
relating to the GM Central Foundry
Superfund site.
Ft. Howard site managers made
several visits to the Oneida
Reservation to explain the Super-
fund program, discuss results of
preliminary assessment/site
investigations and explain how the
tribe can get involved in the
process.
Funded a Superfund supporting
agency cooperative agreement to
the Oneida Tribe so that it can
participate in the Ft. Howard Super-
fund site remedial investigation/
feasibility study.
Pre-remedial cooperative agree-
ment to address 33 sites on the NM
portion of the Navajo Nation.
Core program cooperative agree-
ment for the overall development
and administration of the Navajo
Superfund program.
42
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - CERCLA/SARA PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 6
(cont.)
$15.0
0.50
0.10
0.10
0.02
0.10
0.01
0.01
0.01
0.02
D/I
D/I
D/I
D/I
D/I
D/I
D/I
D/I
F/A
Staff review/comment on Navajo
preliminary assessments and
follow up reports.
Monthly meetings with Navajo
Superfund Office staff to provide
guidance and review accomplish-
ments.
Staff participation in a national
workgroup revising Superfund
procurement regulations concern-
ing Indian tribal government
involvement in the Superfund
program.
Staff coordination for EPA field
inspection team training activities
for Navajo Superfund staff.
Superfund staff coordination with
underground storage tank staff in
the development of a Navajo UST
strategy and workplan in response
to Navajo requests, and meetings
with Navajo staff.
Superfund enforcement staff
activities and coordination with the
Environmental Services Division
for site inspection, sampling, and
subsequent drum removal action
on Navajo lands.
Superfund technical staff partici-
pation in requests for uranium
waste assessments on Navajo
Nation lands.
Superfund community relations
staff response and follow up to
Navajo technical assistance grant
(TAG) inquiries concerning
the Prewitt Refinery and United
Nuclear sites.
Management assistance funding
awarded to Navajo Superfund Office
for the Prewitt Refinery and United
Nuclear sites.
43
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - CERCLA/SARA PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 6
(cont.)
Region 8
Region 9
i
$200.0
$19.0
$150.0
0.02
0.02
0.01
0.02
0.05
2.0
T/A
D/I
D/I
D/I
D/I
D/I
D/I
D/I
T/A
Outreach
T> '*
LJ/ I
D/I
Technical assistance grant (TAG)
workshops for Navajo Chapter
Houses.
Superfund community relations
staff participation in site-specific
public meetings for Prewitt Refin-
ery and United Nuclear sites.
Superfund community relations
staff coordination with Navajo
Superfund Office community
relations staff in development of
Navajo community relations plans
and activities for Prewitt Refinery
site.
Superfund technical staff assist-
ance, staff assistance and coordi-
nation with the Navajo Superfund
Office and the primary responsible
party for United Nuclear site
remedial design/remedial action,
site access, etc.
Superfund enforcement and
administrative staff participation
in Navajo/primary responsible
party remedial investigation/
feasibility study meetings and
follow-up for Prewitt Refinery site.
Continued preliminary assessments
at 41 sites on Indian lands.
Superfund removal actions on
several reservations in MT and SD.
Removal of pesticides from an
abandoned mine near Red Mesa, AZ,
on the Navajo Reservation. In addi-
tion to the removal action, a hazard
recognition class was conducted
utilizing the removal as a case
study.
A site evaluation/investigation of
an asbestos mono-fill on the Cortina
Rancheria.
Removal of pesticides from Parker
pesticide site (Trading Post) in
Parker, AZ, on the Colorado River
Indian Reservation.
44
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EPA ACTIVITIESON TNDTAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - CERCLA/SARA PROGRAMS
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
(cont.)
Region 10
HQ/OERR
$100.0
$25.0
$6.0
0.03
0.25
0.02
0.04
0.01
0.02
0.02
0.05
0.50
0.25
F/A
Outreach
T/A
F/A
D/I
T/A
Outreach
Outreach
Outreach
Outreach
D/I
Outreach
T/A
Outreach
T/A
Cooperative agreement with the
Arizona Department of Environ-
mental Quality to assist EPA in
conducting preliminary assess-
ments and site investigations on
federal and Indian lands in AZ.
One day Superfund workshop for
tribes, IHS, and BIA. Overview of
how Superfund applies to Indian
tribes amd how they can get
involved.
Assistance to Tulalip Tribe regard-
ing Tulalip landfill.
Support for an agency cooperative
agreement to the Puyallup Tribe for
the Commencement Bay Superfund
site.
Working with the Puyallup Tribe
concerning health assessment
issues, natural resource issues, and
discussions on Commencement Bay
feasibility study and record of
decision.
Meetings and briefings with tribes
who are or may be affected by EPA's
Superfund agreement at Hanford;
in particular the Nez Perce, Yakima
and Umatilla.
Responding to the concerns of the
Coeur D'Alene Tribe regarding
Bunker Hill Superfund site impacts.
Responding to the concerns of the
Puyallup Tribe regarding Tacoma
Tar Pits Superfund site impacts.
Design of Indian identifiers for the
Comprehensive Environmental
Response, Compensation and
Liability Information System
(CERCLIS)
Produced and distributed to all
Indian tribes "Hazardous Waste
Releases on Indian Land" booklets.
Coordinated with regional offices
concerning Superfund site
discovery.
45
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE - CERCLA/SARA PROGRAMS
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
HQ/OERR
& Regions
6, 8, & 9
HQ/CEPPO
HQ/AAs
Office
0.02
0.05
0.05
0.05
Outreac'
T/A
D/I
Outreach
T/A
gned a CERCLA core program
ooperative agreement, a multi-site
pre-remedial cooperative
agreement, and a Superfund memo-
randum of agreement with the
Navajo Nation. Provided support to
the Grants Administration Division
to develop the interim final rule
for "Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions" as it
relates to tribal governments
Developed and published proposed
rule on the treatment of Indian
tribes to be treated as states for
purposes of Title III. Final rule to
be published in FY 1990.
Developed and coordinated three
workshops on emergency
planning and response. Funding
comes from FEMA/EPA grants
approved in FY 1988.
Coordinated activities related to six
training grants approved in FY
1988.
OSWER Indian Program Coordi-
nation
46
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING
Office of Federal Activities
Formerly within the Office of External Affairs and now located within
the Office of Enforcement and Compliance Monitoring (OECM), the Office of
Federal Activities (OFA) is responsible for establishing effective liaison and
coordination between EPA and other federal agencies on environmental issues
and for working with those agencies to assure that they carry out their
activities in an environmentally sound manner; for assuring that EPA's
programs comply with the goals and requirements of the National
Environmental Policy Act (NEPA) 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 and consider impacts on natural resources and
environmental values, as well as on public health.
The objectives of EPA's Indian program are (1) to strengthen EPA
program coverage on Indian reservations in order to restore and protect
environmental quality, and (2) to assist tribal governments in developing the
necessary infrastructure and technical skills to assure maintenance of
environmental quality in the future.
OFA's program is directed to coordinating the Agency's efforts in
working to ensure that EPA programs can be implemented on Indian
reservations. These efforts include statutory amendments, regulatory changes,
policy statements, and increased emphasis on Indian needs in the program and
fiscal planning processes, as well as communication planning that will
provide for consulting with and making information available to the tribes on
EPA program and policy matters. In addition, support and guidance are given
to the regions, where Regional Indian Program Coordinators serve as the
primary contact for the tribes and oversee regional activities with Indian
tribal governments.
47
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EPA ACTIVTTIESON INDIAN RESERVATIONS: FY 89
OFFICE OF FEDERAL ACTIVITIES
]
OFFICE
Region 1
Region 2
Region 4
Region 5
FUNDING WORK PROGRAM
[$000) YEARS TYPE DESCRIPTION
$40.0
$30.0
$70.0
0.20
0.10
0.30
0.30
0.10
0.15
0.8
1.0
1.0
0.05
0.12
T/A
T/A
D/I
D/I
T/A
D/I
T/A
Outreach
T/A
Outreach
T/A
Outreach
T/A
T/A
Coordination of the regional
Indian program.
Followed up on a technical
assistance grant, under which
technical assistance was provided to
the St. Regis Mohawk Tribe (SRMT)
on water/air quality management
issues.
Coordinated the region's imple-
mentation of EPA's Indian Policy
including development of a
Regional Indian Strategy and
Indian Work Group participation.
Negotiated a cooperative agreement
between the St. Regis Mohawk Tribe
and the region to address the tribe's
environmental needs/concerns.
Initiated an air quality manage-
ment program on the St. Regis
Mohawk Reservation. Future
funding to be provided by OAR.
Provided program coordination as
needed.
Inspected all reservations for
wastewater treatment issues.
Drafted NPDES permits as necessary.
Assignment of a SEE to provide
technical assistance and training
on multi-media environmental
problems to Michigan Indian tribes.
Provided technical assistance and
training on multi-media
environmental problems to Indian
tribes in Minnesota and Wisconsin
through an Indian Environmental
Liaison.
Oversight and coordination for
implementation of EPA's Indian
Policy in MI, MN and WI, including
Indian Work Group meetings.
Assistance of the Environmental
Review Branch Chief as needed.
Administrative support by the
Environmental Review Branch
Secretary.
48
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF FEDERAL ACTIVITIES.
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
'Region 6
Region 7
Region 8
$10.0
$30.0
$5.0
$5.0
$10.0
1.0
0.55
0.10
0.50
1.2
0.60
Outreach
Outreach
D/I
T/A
T/A
D/I
Outreach
T/A
T/A
T/A
F/A
Overall coordination of Indian
program, including consultation to
66 tribes; participation in the EPA
National Indian Work Group and its
committees; participation in
regional and national Indian
organizations' conventions and
conferences; served as negotiator
betwen tribal leaders and
federal/state/local agency
officials; and interpreted and
implemented the EPA Indian Policy
at the regional level.
Visited reservations quarterly;
acted as liaison between reserva-
tions and regional office media
programs.
Coordinated regional Indian pro-
gram; participated in EPA head-
quarters Indian Work Group
activities.
Co-sponsored "Utility Management"
and "First-Responder" (hazardous
spill response) training with IMS.
Overall coordination of Indian
program including Indian Work
Group participation and
coordination with other federal
agencies.
Indian program SEEs in South
Dakota and in the EPA Montana
Office to provide support to tribes
on multi-media issues.
"Working Effectively with Tribal
Governments" training.
UST inventory on Uintah and Ouray
Indian reservation.
Supplemental funding for solid
waste projects.
49
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF FEDERAL ACTIVITIES
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 9
Region 10
$37.0
$20.0
$6.3
0.15
1.0
1.5
0.75
1.0
1.2
U.Ui
0.20
Outreach
D/I
T/A
Outreach
D/I
D/I
T/A
Outreach
F/A
D/I
F/A
Outreach
D/I
General liaison with tribal leaders,
tribal organizations, and federal
agencies (BIA, IHS) on broad issues;
general mailings and informing
tribes regarding agency activities,
SEE employee to perform as Indian
Environmental Liaison to work with
reservations along the Lower
Colorado River in California and
Arizona, particularly with regard to
environmental issues pertaining to
the federal requirements of the
CWA, the SDWA, and the Superfund
amendments.
Review of draft and final environ-
mental impact assessments for the
Black Mesa/Kayenta Mine on
Navajo and Hopi lands.
Overall Indian program coordina-
tion and Indian Work Group partici-
pation.
Funding provided through an IAG
to IHS Phoenix Area Office to work
with the Inter-Tribal Council of
Arizona in the development of
two training efforts: RCRA train-
ing for tribes in Arizona and
cultural, historical, governmental,
tribal awareness training for EPA
managers and staff.
Overall Indian Policy coordination
activities, participation on national
Indian Work Group and Region 10
Indian Work Group.
Funds for a CWA Section 104(b)(3)
grant to the Upner Ska^it Tribe to
develop a tribal environmental
program.
hTovided information to the Makan
Tribe regarding Air Force station
closure concerns.
Grant administration work with
the Warm Springs, Colville, and
Upper Skagit Tribes.
50
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF FEDERAL ACTIVITIES
FUNDING WORK
OFFICE ($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 10
HQ
$30.0
$13.7
$40.1
$15.0
$135.2
0.02
0.01
2.72
F/A
T/A
F/A
Outreach
T/A
T/A
T/A
T/A
Senior Environmental Employment
Program - Yakima Indian Nation.
Funds for a CWA Section 104(b)(3)
grant to the Confederated Tribes of
the Warm Springs Reservation.
Regional participation in IHS
annual Environmental Health
Meeting and the Indian Health
Board Conference in Seattle.
Overall national Indian Policy
coordination and regional
oversight.
Environmental training seminars
for Indian tribes. (Additional funds
provided by OSW.)
Guide to EPA Information Tracking
Systems for regional coordinators
for Indian lands data.
A grant to AIO to develop training
for tribal staff on how to define and
overcome barriers that may exist
to tribal participation in EPA
programs.
51
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF GENERAL COUNSEL/ OFFICE OF REGIONAL COUNSEL
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 1
Region 2
Region 4
Region 5
Region 6
0.05
0.05
0.05
0.65
0.25
0.08
Outreach
T/A
D/I
D/I
D/I
Outreach
T/A
Outreach
Participated on Indian Attorney's
Work Group and general liaison.
Assisted media offices by
reviewing regulations that
affected tribes and provided legal
counsel as necessary.
Efforts include informal program
counseling, preparation of
formal opinions, and review of
applications for grant funds
under CWA.
Provided legal counsel to
program offices; reviewed EPA
regulations and "treatment-as-a
state" applications; participated
in regional and national Indian
workgroups; Fort. Howard Super-
fund site (Oneida); legal opinions
on case law, statutes and regula-
tions regarding the Menominee
Tribe's national RCRA pilot pro-
ject.
Provided legal counsel to pro-
gram offices; reviewed MOAs and
tribal regulations; reviewed EPA
regulations which affect tribes;
participated in national Indian
workgroups; case-specific
counseling.
Lectured at an EPA Indian Law
Seminar and at an American Bar
Association Indian Law
Conference.
Reviewed and wrote UIC
regulations for Indian lands as
well as assisted in
implementation.
Participated in the EPA Institute
Scholar Program for Indian
lands; spent four weeks visiting
the Cherokee Nation, the Sac &
Fox Tribe in OK and the Santo
Domingo Pueblo in NM; assisted
in setting priorities for each
tribe's environmental needs, and
UiaiLcu five ciivu'Oiiiiiciiiai
ordinances for each tribe.
52
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
OFFICE OF GENERAL COUNSEL/OFFICE OF REGIONAL COUNSEL
OFFICE
FUNDING WORK
($000) YEARS
TYPE
PROGRAM
DESCRIPTION
Region 8
Region 9
Region 10
HQ
1.0
0.50
0.75
1.20
D/I
D/I
D/I -
D/I
Legal research and review of CAA
105 grants and TIPs; CWA and
SDWA implementation issues and
jurisdictional analyses; regula-
tory revision of environmental
statutes; lead Regional Indian
Attorney Workgroup, conference
calls, memos, and meetings; re-
viewed Superfund legal issues.
Provided legal counsel to pro-
gram offices; reviewed MOAs and
tribal regulations; reviewed
"treatment-as-a-state" applica-
tions; reviewed EPA regulations
that affect tribes; provided juris-
dictional analyses and case-
specific counseling; participated
in the Indian Attorney and
Regional Indian Workgroups.
Provided legal counsel to pro-
gram offices; reviewed MOAs and
tribal regulations; reviewed EPA
regulations that affect tribes;
reviewed "treatment as a state"
applications; lead and partici-
pated in regional and national
Indian workgroups; drafted and
reviewed proposed changes to
legislation; reviewed litigation.
Efforts included CWA-SDWA
regulations development;
informal program counseling
and preparation of formal
opinions; litigation; participation
in Indian Work Group activities.
53
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
EPA INDIAN WORK GROUP COORDINATORS: REGIONS
ANNEFENN
Indian Program Coordinator
EPA Region 1 (PAG 2300)
JFK Federal Building
Boston, MA 02203
617-565-3929
FTS 835-3929
ROBERT HARGROVE
Indian Program Coordinator
EPA Region 2 (2PM-EI)
26 Federal Plaza
New York, NY 10278
212-264-1892
FTS 264-1892
ARTHUR LINTON
Indian Program Coordinator
EPA Region 4 (EAB-4)
345 Courtland St., NE
Atlanta, GA 30365
404-347-3776
FTS 257-3776
CASEY AMBUTAS
Indian Program Coordinator
EPA Region 5 (5MEI4)
230 South Dearborn St.
Chicago, IL 60604
312-353-1394
FTS 353-1394
ERNEST WOODS
Indian Program Coordinator
EPA Region 6 (6E-FF)
1445 Ross Avenue
Dallas, TX 75202
214-655-2260
FTS 255-2260
MICHAEL BRONOSKI
Indian Program Coordinator
EPA Region 7
762 Minnesota Avenue
Kansas City, KS 66101
913-551-7780
FTS 276-7780
SADIE HOSKffi
Indian Program Coordinator
EPA Region 8 (80EA)
999 18th Street
Denver, CO 80202
303-294-7596
FTS 330-7596
ROCCENA LAWATCH
Indian Program Coordinator
EPA Region 9 (E-4)
215 Fremont Street
San Francisco, CA 94105
415-556-5072
FTS 556-5072
GERALD OPATZ
Acting Indian Program
EPA Region 10
1200 Sixth Avenue
Seattle, WA 98101
206-442-8512
FTS 399-8512
Coordinator
54
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
INDIAN WORK GROUP COORDINATORS: HEADQUARTERS
MARTIN D. TOPPER, Ph.D
National Indian
Program Coordinator
U.S. EPA (A-104)
401 M Street, SW
Washington, DC 20460
202-382-7063
FTS 382-7063
DAVID F. COURSEN
Office of General Counsel
U.S. EPA (LE-132G)
401 M Street, SW
Washington, DC 20460
202-382-5313
FTS 382-5313
JAMES HORNE
Indian Program Coordinator
Office of Water
U.S. EPA (WH-556)
401 M Street, SW
Washington, DC 20460
202-382-7818
FTS 382-7818
THOMAS E. HOOVEN
Indian Program Coordinator
Office of Pesticides and Toxic
Substances
U.S. EPA (TS-788)
401 M Street, SW
Washington, DC 20460
202-382-2906
FTS 382-2906
JOSEACEVEDO
Indian Program Coordinator
Office of Solid Waste and
Emergency Response
U.S. EPA (OS-110)
401 M Street SW
Washington, DC 20460
202-382-4510
FTS 382-4510
PAUL RASMUSSEN
Indian Program Coordinator
Office of Air and Radiation
U.S. EPA (ANR-443)
401 M Street, SW
Washington, DC 20460
202-382-7430
FTS 382-7430
55
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
GLOSSARY OF ACRONYMS
AHERA = Asbestos Hazard Emergency Response Act
AIO = Americans for Indian Opportunity, Inc.
ASHAA = Asbestos School Hazard Abatement Act
AWWA = American Water Works Association
BIA = Bureau of Indian Affairs
CAA = Clean Air Act
CEPPO = Chemical Emergency Preparedness and Prevention Office
CERCLA = Comprehensive Environmental Response, Compensation and Liability
Act
CERCLIS = Comprehensive Environmental Response, Compensation and
Liability Information System
CERT = Council of Energy Resource Tribes
CWA = Clean Water Act
D/I = Direct Implementation
F/A = Financial Assistance
FEMA = Federal Emergency Management Agency
FIFRA = Federal Insecticide, Fungicide, and Rodenticide Act
FTS = Federal Telephone System (Federal Communications Network)
FY = Fiscal Year (October 1 - September 30)
GWP - Grcundwater Program
HUD = Department of Housing and Urban Development
IAG = Interagency Agreement
IHS = Indian Health Service
ITCA = InterTribal Council of Arizona, Inc.
IWG = Indian Work Uroup
LUST = Leaking Underground Storage Tanks
56
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
GLOSSARY OF ACRONYMS (CON'T)
MOA = Memorandum of Agreement
MOU = Memorandum of Understanding
MRWA = Minnesota Rural Water Association
NAAQS = National Ambient Air Quality Standards (CAA)
NCAI = National Congress of American Indians
NEIWPCC = New England Interstate Water Pollution Control Commission
NPDES = National Pollutant Discharge Elimination System
OAR = Office of Air and Radiation
OCM = Office of Compliance Monitoring (within OPTS)
ODW = Office of Drinking Water (within OW)
OECM = Office of Enforcement and Compliance Monitoring
OERR = Office of Emergency and Remedial Response (within OSWER)
OFA = Office of Federal Activities (within OECM)
OGC = Office of General Counsel
O&M = Operation and Maintenance
OPTS = Office of Pesticides and Toxic Substances
ORC = Office of Regional Counsel
OSWER = Office of Solid Waste and Emergency Response
OWPE = Office of Waste Programs Enforcement (within OSWER)
Outreach = Communication
OUST = Office of Underground Storage Tanks
OW = Office of Water
PM-10 = Paniculate Matter Smaller than Ten Microns in Size (a National
Ambient Air Quality Standard)
PSD = Prevention of Significant Deterioration (CAA)
57
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EPA ACTIVITIES ON INDIAN RESERVATIONS: FY 89
GLOSSARY OF ACRONYMS (CONT)
PWS = Public Water System
PWSS = Public Water System Supervision
RCRA = Resource Conservation and Recovery Act
SARA = Superfund Amendments and Reauthorization Act
SCTCA = Southern California Tribal Chairmans1 Association
SDWA = Safe Drinking Water Act
SEE = Senior Environmental Employee (A hiring program with certain senior
citizens' groups)
T/A = Technical Assistance
TIP = Tribal Implementation Plan (CAA)
Title II = Construction Grant Program for Wastewater Treatment Facilities
(CWA)
Title III = Emergency Planning/Community Right to Know Act (SARA)
TSCA = Toxic Substances Control Act
UIC = Underground Injection Control
UST = Underground Storage Tank
VOC = Volatile Organic Chemical
WHP = Wellhead Protection (SDWA)
WQS = Water Quality Standards
WWTP = Wastewater Treatment Plant
58
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
EXTERNAL AFFAIRS
INDIAN POLICY
U.S. ENVIRONMENTAL PROTECTION AGENCY
Attached are two documents which were adopted by the Environmental
Protection Agency (EPA) on November 8, 1984, relating to Indian Tribes
and Federal programs for protection of reservation environments:
1) EPA Policy for the Administration of Environmental Programs on
Indian Reservations.
2) Indian Policy Implementation Guidance.
These documents lay the groundwork for EPA management of the Agency's
regulatory programs on reservation lands. The cornerstones of the Policy
and Guidance are the principles of Indian "self-government" and
"government-to-government" relations between the Federal Government and
Tribal Governments. Through implementation of the Policy, the Agency
hopes to realize the long-range objective of including Tribal Governments
as partners in decision-making and program management on reservation lands,
much as we do with State Governments off-reservation.
In the beginning, implementation of the Policy will be slowly paced, as
the Agency will need to seek legislative authority in many areas and go
through a lengthy budget process before we can carry out the principles
of the Policy and directives of the Guidance in a comprehensive manner.
In the first year, however, we will begin to seek statutory changes, modify
regulations, and work on selected pilot programs. These pilot programs will
investigate problems associated with Tribal regulation of water and air
quality and the handling and disposal of hazardous materials on reservation
lands. The experience will help both EPA and the Tribes develop models for
dealing with these problems in the special legal and political context of
Indian reservations.
Environmental programming that will involve Tribal Governments in the
Federal regulatory process on a significant scale is a new endeavor for EPA
and Tribes alike. To be successful, we will need cooperation and assistance
from all sectors and would welcome your on-going support.
If you have questions or need further information, please contact
Dr. Martin D. Topper, National EPA Indian Coordinator, at (202) 382-5051.
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 in 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 thec_ principles on Indian Reservations cannot
be accomplished immediately. Effective implementation will take careful
and conscientious work by EPA, the Tribes and many others. In many cases,
it will require changes in applicable statutory authorities and regulations.
It will be necessary co proceed in a carefully phased way, to learn'from
successes and failures, and to gain experience. Nonetheless, by beginning
work on the priority problems that exist now and continuing in the direction
established under 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 is 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 in 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 thp 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 in 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 is 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 in compliance with Federal environmental statutes, 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, in 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 in 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 noncompliance 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.
THE AGENCY WILL INCORPORATE THESE INDIAN POLICY GOALS INTO ITS PLANNING
ND MANAGEMENT ACTIVITIES, INCLUDING ITS BUDGET, OPERATING GUIDANCE, LEGISLA-
IVE INITIATIVES, MANAGEMENT ACCOUNTABILITY SYSTEM AND ONGOING POLICY AND
EGULATION DEVELOPMENT PROCESSES.
It is a central purpose of this effort to ensure that the principles
>f this Policy are effectively institutionalized by incorporating them into
;he Agency's ongoing and long-term planning and management processes. Agency
iianagers will include specific programmatic actions designed to resolve prob-
lems on Indian reservations in the Agency's existing fiscal year and long-term
jlanning and management processes.
William D. Ruckelshaus
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
NOV 81984
MEMORANDUM
SUBJECT: Indian Policy Implementation Guidance
FROM: Alvin L. Aim <^^^-C, ^ ^ £ *£<* ^
Deputy Administrator
TO: Assistant Administrators
Regional Administrators
General Counsel
INTRODUCTION
OFFICE Of
THE ADMINISTRATOR
The Administrator has signed the attached EPA Indian Policy. This
document sets forth the broad principles that will guide the Agency in
its relations with American Indian Tribal Governments and in the adminis-
tration of EPA programs on Indian reservation.lands.
This Policy concerns more than one hundred federally-recognized
Tribal Governments and the environment of a geographical area that is
larger than the combined area of the States of Maryland, New Jersey,
Connecticut, Massachusetts, Vermont, New Hampshire and Maine. It is an
important sector of the country, and constitutes the remaining lands of
America's first stewards of the environment, the American Indian Tribes.
The Policy places a strong emphasis on incorporating Tribal Govern-
ments into the operation and management of EPA's delegable programs.
This concept is based on the President's Federal Indian PoMcy published
on January 24, 1983 and the analysis, recommendations -rid Agency input
to the EPA Indian Work Group's Discussion Paper, Administration of
Environmental Programs on American Indian Reservations (July 1983).
TIMING AND SCOPE
Because of the importance of the reservation environments, we must
begin immediately to incorporate the principles of EPA's Indian Policy
into the conduct of our everyday business. Our established operating
procedures (including long-range budgetary and operational planning acti-
vities) have not consistently focused on the proper role of Tribal Govern-
ments or the special legal and political problems of program management
on Indian lands. As a result, it will require a phased and sustained
effort over time to fully implement the principles of the Policy and to
take the steps outlined in this Guidance.
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Some Regions and Program Offices have already made individual starts
along the lines of the Policy and Guidance. I believe that a clear
Agency-wide policy will enable all programs to build on these efforts so
that, within the limits of our legal and budgetary constraints, the Agency
as a whole can make respectable progress in the next year.
As we begin the first year of operations under the Indian Policy, we
cannot expect to solve all of the problems we will face in administering
programs under the unique legal and political circumstances presented by
Indian reservations. We can, however, concentrate on specific priority
problems and issues and proceed to address these systematically and care-
fully in the first year. With this general emphasis, I believe that we
can make respectable progress and establish good precedents for working
effectively with Tribes. By working w. :,nin a manageable scope and pace,
we can develop a coordinated base which can be expanded, and, as appropriate,
accelerated in the second and third years of operations under the Policy.
In addition to routine application of the Policy and this Guidance in
the conduct of our everyday business, the first year's implementation effort
will emphasize concentrated work on a discrete number of representative
problems through cooperative programs or pilot, projects. In the Regions,
this effort should include the identification and initiation of work on
priority Tribal projects. At Headquarters, it should involve the resolution
of the legal, policy and procedural problems which hamper our ability to
implement the kinds of projects identified by the Regions.
The Indian Work Group (IWG), which is chaired by the Director of the
Office of Federal Activities and composed of representatives of key regional
and headquarters offices, will facilitate and coordinate these efforts.
The IWG will begin immediately to help identify the specific projects
which may be ripe for implementation and the problems needing resolution
in the first year.
Because we are starting in "mid-stream," the implementation effort
will necessarily require some contribution of personnel time and funds.
While no one program will be affected in a major fashion, almost all Agency
programs are affected to some degree. I do not expect the investment in
projects on Indian Lands to cause any serious restriction in the States'
funding support or in their ability to function effectively. To preserve
the flexibility of each Region and each program, we have not set a target
for allocation of FY 85 funds. I am confident, however, that Regions and
program offices can, through readj'jstnjent of existing resources, demonstrate
significant and credible progress in the implementation of EPA's Policy In
the ?ext ««»ar.
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-3-
ACTION
Subject to these constraints, Regions and program managers should now
.initiate actions to implement the principles of the Indian Policy. The
eight categories set forth below will direct our initial implementation
activities. Further guidance will be provided by the Assistant Adminis-
trator for External Affairs as experience indicates a need for such guidance.
1. THE ASSISTANT ADMINISTRATOR FOR EXTERNAL AFFAIRS WILL SERVE AS
LEAD AGENCY CLEARINGHOUSE AND COORDINATOR FOR INDIAN POLICY HATTERS.
This responsibility will include coordinating the development of
appropriate Agency guidelines pertaining to Indian Issues, the
implementation of the Indian Policy and this Guidance. In this effort
the Assistant Administrator for External Affairs will rely upon the
assistance and support of the EPA Indian Work Group.
2. THE INDIAN WORK GROUP (IWG) WILL ASSIST AND SUPPORT THE ASSISTANT
ADMINISTRATOR FOR EXTERNAL AFFAIRS IN DEVELOPING AND RECOMMENDING DETAILED
GUIDANCE AS NEEDED ON INDIAN POLICY AND IMPLEMENTATION MATTERS. ASSISTANT
ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL SHOULD
DESIGNATE APPROPRIATE REPRESENTATIVES TO THE INDIAN WORK GROUP AND PROVIDE
THEM WITH ADEQUATE TIME AND RESOURCES NEEDED TO CARRY OUT THE IWG'S
RESPONSIBILITIES UNDER THE DIRECTION OF THE ASSISTANT ADMINISTRATOR FOR
EXTERNAL AFFAIRS.
The Indian Work Group, (IWG) chaired by the Director of the Office of
Federal Activities, will be an important entity for consolidating the
experience and advice of the key Assistant and Regional Administrators on
Indian Policy matters. It will perform the following functions: identify
specific legal, policy, and procedural impediments to working directly
with Tribes on reservation problems; help develop appropriate guidance
for overcoming such impediments; recommend opportunities for implementation
of appropriate programs or pilot projects; and perform other services in
support of Agency managers in implementing the Indian Policy.
The initial task of the IWG will be to develop recommendations and
suggest priorities for specific opportunities for program implementation
in the first year of operations under the Indian Policy and this Guidance.
To accomplish this, the General Counsel and each Regional and Assistant
Administrator must be actively represented on the IWG by a staff member
authorized to speak for his or her office. Further, the designated
representative(s) should be afforded the time and resources, including
travel, needed to provide significant staff support to the work of the
IWG.
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3. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD UNDERTAKE ACTIVE OUTREACH AND
LIAISON WITH TRIBES, PROVIDING ADEQUATE INFORMATION TO ALLOW THEM TO WORK
WITH US IN AN INFORMED WAY.
In the first thirteen years of the Agency's existence, we have worked
hard to establish working relationships with State Governments, providing
background information and sufficient interpretation and explanations to
enable them to work effectively with us in the development of cooperative
State programs under our various statutes. In a similar manner, EPA managers
should try to establish direct, face-to-face contact (preferably on the
reservation) with Tribal Government officials. This liaison is essential to
understanding Tribal needs, perspectives and priorities. It will also foster
Tribal understanding of EPA's programs and procedures needed to deal effec-
tively with us.
4. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD ALLOCATE RESOURCES TO MEET
TRIBAL NEEDS, WITHIN THE CONSTRAINTS IMPOSED BY COMPETING PRIORITIES AND BY
OUR LEGAL AUTHORITY.
As Tribes move to assume responsibilities similar to those borne by EPA
or State Governments, an appropriate block of funds must be set aside to
support reservation abatement, control and compliance activities.
Because we want to begin to implement the Indian Policy now, we cannot
wait until FY 87 to formally budget for programs on Indian lands. Accordingly,
for many programs, funds for initial Indian projects in FY 85 and FY 86
w'ill need to come from resources currently planned for support to EPA-and
State-managed programs meeting similar objectives. As I stated earlier, we
do not expect to resolve all problems and address all environmental needs on
reservations immediately. However, we can make a significant beginning
without unduly restricting our ability to fund ongoing programs.
I am asking each Assistant Administrator and Regional Administrator to
take measures within his or her discretion and authority to provide sufficient
staff time and grant funds to allow the Agency to initiate projects on Indian
lands in FY 85 and FY 86 that will constitute a respectable step towards
implementation of the Indian Policy.
5. ASSISTANT AND REGIONAL ADMINISTRATORS, WITH LEGAL SUPPORT PROVIDED BY THE
GENERAL COUNSEL, SHOULD ASSIST TRIBAL GOVERNMENTS IN PROGRAM DEVELOPMENT AS
THEY HAVE DONE FOR THE STATES.
The Agency has provided extensive staff work and assistance to State
Governments over the years in the development of environmental programs
and program management capabilities. This assistance has become a routine
aspect of Federal/State relations, enabling and expediting the States'
assumption of delegable programs under the various EPA statutes. This "front
end" investment has promoted cooperation and Increased State involvement
in the regulatory process.
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As the Agency begins to deal with Tribal Governments as partners in
reservation environmental programming, we will find a similar need for EPA
assistance. Many Regional and program personnel have extensive experience
in working with States on program design *nd development; their expertise
should be used to assist Tribal Governments where needed.
6. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL
COUNSEL SHOULD TAKE ACTIVE STEPS TO ALLOW TRIBES TO PROVIDE INFORMED INPUT
INTO EPA'S DECISION-MAKING AND PROGRAM MANAGEMENT ACTIVITIES WHICH AFFECT
RESERVATION ENVIRONMENTS.
Where EPA manages Federal programs and/or makes decisions relating
directly or indirectly to reservation environments, full consideration and
weight should be given to the public policies, priorities and concerns of the
affected Indian Tribes as expressed through their Tribal Governments. Agency
managers .should make a special effort to inform Tribes of EPA decisions and
activities which can affect their reservations and solicit their input as we
have done with State Governments. Where necessary, this should include provid-
ing the necessary information, explanation and/or briefings needed to foster
the informed participation of Tribal Governments in the Agency's standard-
setting and policy-making activities.
7. ASSISTANT AND REGIONAL ADMINISTRATORS SHOULD, TO THE MAXIMUM FEASIBLE
EXTENT, INCORPORATE TRIBAL CONCERNS, NEEDS AND PREFERENCES INTO EPA'S POLICY
DECISIONS AND PROGRAM MANAGEMENT ACTIVITIES AFFECTING RESERVATIONS.
It has been EPA's practice to seek out and accord special consideration
to local interests and concerns, within the limits allowed by our statutory
mandate and nationally established criteria and standards. Consistent with
the Federal and Agency policy to recognize Tribal Governments as the primary
voice for expressing public policy on reservations, EPA managers should, within
the limits of their flexibility, seek and utilize Tribal input and preferences
in those situations where we have traditionally utilized State or local input.
We recognize that conflicts in policy, priority or preference may arise
between States and Tribes as it does between neighboring States. As in the
case of conflicts between neighboring States, EPA will encourage early communi-
cation and cooperation between Tribal and State Governments to avoid and resolve
such issues. This is not intended to lend Federal support to any one party in
its dealings with the other. Rather, it recognizes that in the field of environ-
mental regulation, problems are often shared and the principle of comity between
equals often serves the interests of both.
Several of the environmental statutes include a conflict resolution mechan-
ism which enables EPA to use its good offices to balance and resolve the con-
flict. These procedures can be applied to conflicts between Tribal and State
Governments that cannot otherwise be resolved. EPA can play a moderating role
by following the conflict resolution principles set by the statute, the Federal
trust responsibility and the EPA Indian Policy.
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8. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL
SHOULD WORK COOPERATIVELY WITH TRIBAL GOVERNMENTS TO ACHIEVE COMPLIANCE WITH
ENVIRONMENTAL STATUTES AND REGULATIONS ON INDIAN RESERVATIONS, CONSISTENT
WITH THE PRINCIPLE OF INDIAN SELF-GOVERNMENT.
The EPA Indian Policy recognizes Tribal Governments as the key
governments having responsibility for matters affecting the health and
welfare of the Tribe. Accordingly, where tribally owned or managed
facilities do not meet Federally established standards, the Agency will
endeavor to work with the Tribal leadership to enable the Tribe to
achieve compliance. 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 noncompliance by
private parties on Indian reservations as we do to noncompliance by the
private sector off-reservation.
Actions to enable and ensure compliance by Tribal facilities with
Federal statutes and regulations include providing consultation and
technical support to Tribal leaders and managers concerning the impacts
of noncompliance on Tribal health and the reservation environment
and steps needed to achieve such compliance. As appropriate, EPA may
also develop compliance agreements with Tribal Governments and work
cooperatively with other Federal agencies to assist Tribes in meeting
Federal standards.
Because of the unique legal and political status of Indian Tribes
in the Federal System, direct EPA actions against Tribal facilities
through the judicial or administrative process will be considered where
the Agency determines, in 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 in a
timely fashion. Regional Administrators proposing to initiate such action
should first obtain concurrence from the Assistant Administrator for Enforce-
ment and Compliance Monitoring, who will act in consultation with the Assis-
tant Administrator for External Affairs and the General Counsel. In emergency
situations, the Regional Administrator may issue emergency Temporary Restrain-
ing Orders, provided that the appropriate procedures set forth in Agency
delegations for such actions are followed.
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9. ASSISTANT ADMINISTRATORS, REGIONAL ADMINISTRATORS AND THE GENERAL COUNSEL
SHOULD BEGIN TO FACTOR INDIAN POLICY GOALS INTO THEIR LONG-RANGE PLANNING AND
PROGRAM MANAGEMENT ACTIVITIES, INCLUDING BUDGET, OPERATING GUIDANCE, MANAGEMENT
ACCOUNTABILITY SYSTEMS AND PERFORMANCE STANDARDS.
In order to carry out the principles of the EPA Indian Policy and work
effectively with Tribal Governments on a long-range basis, it will be necessary
to institutionalize the Agency's policy goals in the management systems that
regulate Agency behavior. Where we have systematically incorporated State needs,
concerns and cooperative roles into our budget, Operating Guidance, management
accountability systems and performance standards, we must now begin to factor the
Agency's Indian Policy goals into these same procedures and activities.
Agency managers should begin to consider Indian reservations and Tribes
when conducting routine planning and management activities or carrying out
special policy analysis activities. In addition, the IWG, operating under the
direction of the Assistant Administrator for External Affairs and with
assistance from the Assistant Administrator for Policy, Planning and Evaluation,
will identify and recommend specific steps to be taken to ensure that Indian
Policy goals are effectively incorporated and institutionalized in the Agency's
procedures and operations.
Attachment
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