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.
                                       8

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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

-------
             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

-------
           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

-------
             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

-------
             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

-------
             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

-------
             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

-------
             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

-------
               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

-------
                                                                  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:

-------
                                    -2-
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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                                    -3-
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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                                      -4-


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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                                    -2-

     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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                                     -4-
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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                                      -5-

     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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                                   -6-

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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                                       -7-


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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